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Hauraki Gulf Marine Park Act 2000
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1: Title
This Act is the Hauraki Gulf Marine Park Act 2000.
2: Commencement
This Act comes into force on the date on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
b: establish the Hauraki Gulf Marine Park:
c: establish objectives for the management of the Hauraki Gulf, its islands, and catchments:
d: recognise the historic, traditional, cultural, and spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands:
e: establish the Hauraki Gulf Forum.
4: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2 catchment coastal area
a: land providing access to coastal water; or
b: land containing an uninterrupted ecological sequence of habitats and vegetation; or
c: land with historic features related to the coast coastal marine area
a: of which the seaward boundary is the outer limit of the territorial sea:
b: of which the landward boundary is the line of mean high water springs, except that, where that line crosses a river, the landward boundary at that point is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal water conservation area
a: land or foreshore for the time being held under the Conservation Act 1987
b: land in respect of which an interest is held under the Conservation Act 1987 Conservation Board section 6L constituent party section 16(2) Deed of Recognition section 44 economic activity environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters foreshore Hauraki Gulf Gulf
a: means the coastal marine area on the east coast of—
i: the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette
ii: the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette
b: includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region Hauraki Gulf Forum Forum section 16 Hauraki Gulf Marine Park Park section 33 local authority Local Government Act 2002 Maori land Maori customary land Te Ture Whenua Maori Act 1993 marine mammal sanctuary Marine Mammals Protection Act 1978 marine reserve Marine Reserves Act 1971 mataitai reserve Gazette Fisheries Act 1996 Minister regional council Local Government Act 2002 regional park Local Government Act 1974 reserve Reserves Act 1977 taiapure-local fishery Part 9 territorial authority Local Government Act 2002 wildlife refuge Wildlife Act 1953 wildlife sanctuary Wildlife Act 1953 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
1: Subject to subsections (2) and (4), the provisions of Part 3 Treaty of Waitangi (Te Tiriti o Waitangi)
2: Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.
3: When carrying out its functions under Part 2 Treaty of Waitangi (Te Tiriti o Waitangi)
4: Nothing in Part 1 Part 3 Part 4 Treaty of Waitangi (Te Tiriti o Waitangi) Schedule 1
1: Management of Hauraki Gulf
7: Recognition of national significance of Hauraki Gulf
1: The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.
2: The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—
a: to provide for—
i: the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and
ii: the social, economic, recreational, and cultural well-being of people and communities:
b: to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:
c: to maintain the soil, air, water, and ecosystems of the Gulf.
8: Management of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—
a: the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:
b: the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
c: the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:
d: the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:
e: the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:
f: the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.
9: Relationship of Act with Resource Management Act 1991
1: For the purposes of this section and section 10 district plan plan proposed plan regional plan regional policy statement resource consent New Zealand coastal policy statement Resource Management Act 1991 regional council territorial authority Local Government Act 2002
2: A regional council must ensure that any part of a regional policy statement or a regional plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 8
3: A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and catchments does not conflict with sections 7 8
4: A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 8 Resource Management Act 1991
5: The provisions of section 55 sections 7 8 Section 9 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
10: Creation of New Zealand coastal policy statement by this Act
1: For the coastal environment of the Hauraki Gulf, sections 7 8 Resource Management Act 1991
2: For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 8 Resource Management Act 1991
3: The provisions of section 55 Section 10 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
11: Statements of general policy under Conservation Act 1987 and Acts in Schedule 1 of that Act
1: For the purposes of each of the following Acts for the Hauraki Gulf, sections 7 8
a: Wildlife Act 1953, section 14C
b: Marine Reserves Act 1971, section 6
c: Reserves Act 1977, section 15A
d: Wild Animal Control Act 1977, section 5
e: Marine Mammals Protection Act 1978, section 3B
f: National Parks Act 1980, section 44
g: Conservation Act 1987, section 17B
h:
2: Where a statement of general policy is created by this section and the Act to which that statement of general policy applies contains a provision stating that the general policy must not derogate from the provisions of that Act, the requirement in subsection (1) may be implemented for the Hauraki Gulf only to the extent that implementation does not derogate from the provisions of that Act.
3: Where a conservation management strategy or a conservation management plan made under an Act listed in this section derogates from a statement of general policy created by this section, the requirement that the strategy or plan must not derogate from a statement of general policy does not take effect for any statement of general policy made under this section until the date that the strategy or plan is next amended or reviewed. Section 11(1)(h) repealed 30 September 2008 section 82 Walking Access Act 2008
12: Amendment to Fisheries Act 1996
Amendment(s) incorporated in the Act(s)
13: Obligation to have particular regard to sections 7 and 8
Except as provided in sections 9 to 12 Schedule 1 sections 7 8
14: Preservation of existing rights
1: Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.
2: Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi
3: Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).
2: Hauraki Gulf Forum
15: Purposes of Forum
The Forum has the following purposes:
a: to integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand:
b: to facilitate communication, co-operation, and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and catchments, and the Forum:
c: to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
16: Establishment of Forum
1: A body called the Hauraki Gulf Forum is established.
2: The Forum consists of the following representatives:
a: 1 representative appointed by the Minister:
b: 1 representative appointed by the Minister of Fisheries:
c: 1 representative appointed by the Minister of Maori Affairs:
ca: 7 representatives appointed by the Auckland Council:
d: 1 representative appointed by each of the following local authorities:
i:
ii:
iii:
iv: Hauraki District Council:
v:
vi: Matamata-Piako District Council:
vii:
viii:
ix: Thames-Coromandel District Council:
x: Waikato District Council:
xi: Waikato Regional Council:
xii:
e: 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.
f:
2A: The representatives appointed in accordance with subsection (2)(ca)
a: be members of—
i: the Auckland Council; or
ii: a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and
b: include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
3: The representatives appointed in accordance with subsection (2)(d) or Local Electoral Act 2001
4:
5: If two-thirds or more of the constituent parties agree, a local authority whose powers and functions may have an effect on the Hauraki Gulf, its islands, and catchments, and whose inclusion in the Forum will further the interests of the Forum and of the Hauraki Gulf may join the Forum as a constituent party and appoint a representative to the Forum. Section 16(2)(ca) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(i) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(ii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(iii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(v) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(vii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(viii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(d)(xii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)(f) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 16(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
17: Functions of Forum
1: To promote sections 7 8
a: to prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list:
b: to facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties:
c: to obtain, share, and monitor information on the state of the natural and physical resources:
d: to receive reports on the completion and implementation of deeds of recognition:
e: to require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a):
f: to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans:
g: to prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a):
h: to promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments:
i: to encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material:
j: to liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the Forum:
k: to commission research into matters relating to the functions of the Forum.
2: When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.
18: Powers of Forum
1: The Forum has the powers that are reasonably necessary to carry out its functions.
2: The Forum's powers include the powers—
a: to consider issues related to its purpose; and
b: to receive reports from constituent parties; and
c: to make recommendations to constituent parties; and
d: to advise any person who requests the Forum's advice; and
e: to commission or undertake those activities that are necessary to achieve its purpose.
3: The Forum must not—
a: appear before a court or tribunal other than as a witness if called by a party to proceedings; or
b: take part in a decision-making process under any enactment other than to advise when requested to do so.
19: Costs of administrative and servicing functions of Forum
1: The administrative and servicing functions of the Forum and the costs of those functions must be agreed from time to time by the Forum.
2: Unless the constituent parties agree otherwise, the costs agreed under subsection (1) must be divided equally among the constituent parties and each constituent party must pay 1 share of the costs.
3: Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.
20: Costs of other activities
1: The Forum may undertake an activity under section 18(2)(e)
a: a majority of the representatives agrees to undertake the activity; and
b: 1 or more of the constituent parties (other than tangata whenua representatives) agree in advance to pay the costs of the activity.
2: If the costs of an activity are not agreed in advance, the Forum must not proceed with the activity.
3: Section 18(3)
4: This section does not apply to the administrative and servicing functions in section 19
21: Presentation of report
The Forum must present a copy of each report prepared by it under section 17(1)(g)
22: Forum to be joint committee
1: Subject to section 28 clause 30(1)(b)
2: Clauses 20 22 23 24 26 28 29 30(2)
3: The Forum may appoint such subcommittees as it considers appropriate. Section 22 substituted 1 July 2003 section 262 Local Government Act 2002
23: Forum to follow model standing orders
1: Unless three-quarters of the representatives present at a meeting of the Forum agree otherwise, at its meetings the Forum must follow the New Zealand Standard for standing orders (NZS: 9202:1992).
2: If the Forum agrees in accordance with subsection (1) to adopt other standing orders, those standing orders must not contravene the provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Section 23(2) amended 1 July 2003 section 262 Local Government Act 2002
24: Term of representatives
1: Each representative appointed by a constituent party (other than tangata whenua representatives) may serve on the Forum for the period of time determined by the constituent party that appointed the representative.
2: A tangata whenua representative may serve on the Forum for the period of time determined by the Minister at the time of the appointment.
25: Appointment of chairperson
The Forum may from time to time appoint one of the representatives to act as chairperson and that chairperson holds office for the period agreed by the Forum at the time of that chairperson's appointment.
26: Powers and obligations of constituent parties
Each constituent party (other than tangata whenua representatives)—
a: may acquire, hold, and dispose of real or personal property for the use of the Forum; and
b: may remunerate its representative or representatives for the cost of that person's participation in the Forum; and
c: must provide to the Forum such information or reports as may be required by the Forum; and
d: must pay administration and servicing costs in accordance with section 19
e: must pay the costs of any activity that the constituent party has agreed to pay; and
f: may carry out any other functions or duties specified in this Act.
27: Powers and obligations of Auckland Council
The Auckland Council must store the Forum's records and make them available when the Forum requires. Section 27 substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
28: Appointment and functions of administering authority
1: The constituent parties may, from time to time by agreement with the appointee, appoint one of their number to be the administering authority for the purposes of this Part for a period of no less than 3 years.
2: If, at the first meeting of the Forum or at the first meeting of the Forum after the term of an appointment of an administering authority has expired, the constituent parties fail to make an appointment, the Minister must appoint one of the constituent parties to be the administering authority.
3: A constituent party appointed as the administering authority may be reappointed.
4: The administering authority must—
a: administer and service the Forum; and
b: ensure as far as practicable that the functions, powers, and duties set out in this Part are carried out.
5: For administrative purposes, the Forum is to be treated as a committee of the administering authority.
29: Payment of tangata whenua
1: The Minister must pay to tangata whenua representatives on the Forum, from any appropriation by Parliament for this purpose,—
a: remuneration by way of allowances, travelling allowances, and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
b: after agreement between the Minister and tangata whenua representatives, made before any costs are incurred, actual and reasonable communication costs and consultation costs incurred in the course of their work as tangata whenua representatives on the Forum.
2: If there is no agreement between the Minister and tangata whenua representatives under subsection (1)(b), the Minister may make such payment to tangata whenua representatives as the Minister considers appropriate in the circumstances.
3: The provisions of the Fees and Travelling Allowances Act 1951
30: Liability of representatives
No representative on the Forum is personally liable for any liability of the Forum, or for any act done or omitted by the Forum, or by a representative in good faith in the exercise of the functions, duties, or powers of the Forum.
31: Annual report
1: The Forum must, on or before 31 August each year, report to the Minister on the exercise of its powers and the carrying out of its functions during the preceding year ending on 30 June.
2: The report must identify the progress made by the Forum towards achieving the purposes of the Forum set out in section 15
3: A copy of the annual report must be presented to the House of Representatives by the Minister.
3: Hauraki Gulf Marine Park
32: Purposes of Hauraki Gulf Marine Park
The purposes of the Hauraki Gulf Marine Park are—
a: to recognise and protect in perpetuity the international and national significance of the land and the natural and historic resources within the Park:
b: to protect in perpetuity and for the benefit, use, and enjoyment of the people and communities of the Gulf and New Zealand, the natural and historic resources of the Park including scenery, ecological systems, or natural features that are so beautiful, unique, or scientifically important to be of national significance, for their intrinsic worth:
c: to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park:
d: to sustain the life-supporting capacity of the soil, air, water, and ecosystems of the Gulf in the Park.
33: Establishment of Hauraki Gulf Marine Park
1: The Hauraki Gulf Marine Park is established.
2: The Hauraki Gulf Marine Park consists of—
a: all conservation areas, wildlife refuges, wildlife sanctuaries, reserves, marine mammal sanctuaries, and marine reserves held, managed, or administered by the Crown from time to time in accordance with the Conservation Act 1987 Schedule 1
b: any reserve controlled and managed from time to time by an administering body (whether or not that administering body is a local authority) under an appointment to control and manage made in accordance with the Reserves Act 1977
c: all the common marine and coastal area
d: all seawater within the Hauraki Gulf:
e: all land of the Crown in the Hauraki Gulf, within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971:
f: all land included in the Park in accordance with section 34 section 35
g: all mataitai reserves and taiapure-local fisheries included in the Park in accordance with section 36
h: all land—
i: included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi
ii: described in Schedule 5
3: The inclusion of seawater in the Hauraki Gulf Marine Park is to give effect to the purposes of the Park and does not—
a: give the Crown or any other person ownership of seawater; or
b: affect the responsibilities of a regional council in the coastal marine area.
4: Land to which subsection (2)(a) applies and which is used for the purposes of education, defence, police, or prisons is not a part of the Park unless the Minister responsible for that use of the land requests the Minister to include the land in the Park; and the Minister may do so by notice in the Gazette
5: Despite subsection (4), the land described in Part 1
a: must be held, and treated as classified, as an historic reserve under section 18
b: must be treated as included in the Park under subsection (2)(a).
6: If the land or any part of the land described in Part 2
a: must be held, and treated as classified as a recreation reserve under section 17
b: must be treated as included in the Park under subsection (2)(a).
7: Despite any provision of the Defence Act 1990 Part 2 section 17
8: For the purposes of subsection (7), Commissioner section 2 Section 33(2)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 33(2)(h) inserted 1 August 2014 section 164(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
34: Inclusion of other public land in Park
1: If the person specified in subsection (2) consents to the inclusion of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: with the consent of the owner (including the Crown) and the administering body, any reserve within the Hauraki Gulf, its islands, or coastal area, that is owned by or vested in an administering body (whether or not that administering body is a local authority):
b: with the consent of a local authority, any reserve within the Hauraki Gulf, its islands, or coastal area that is owned by that local authority:
c: with the consent of the local authority, any regional park or other open space or building owned by a local authority and managed to protect its natural or historic values, within the Hauraki Gulf, its islands, or coastal area.
35: Inclusion of land in private ownership in Park
1: If the owner of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) consents to the inclusion of that land in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: land subject to a conservation covenant entered into under section 77 section 27
b: land subject to a Nga Whenua Rahui kawenata entered into under section 77A section 27A
c: land subject to a heritage covenant entered into under section 39
d: land subject to an open space covenant entered into under section 22
e: land subject to a declaration under section 76
f: land controlled and managed by a Minister or an administering body for the purposes of the Reserves Act 1977 section 38
g: any land in the Hauraki Gulf, other than land owned by the Crown, whether or not it is subject to a covenant referred to in paragraphs (a) to (d), within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971. Section 35(2)(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
36: Inclusion of certain fisheries in Park
If, in the opinion of the Minister, the inclusion of a taiapure-local fishery or mataitai reserve in the Hauraki Gulf Marine Park is in accordance with the purpose of the Park, that taiapure-local fishery or mataitai reserve may, with the consent of the Minister of Fisheries and the committee of management or the tangata whenua, as the case may be, be included in the Park.
37: Effect of Park
1: Any person holding, controlling, or administering land, foreshore, seabed, marine reserve, a taiapure-local fishery, or a mataitai reserve in the Hauraki Gulf Marine Park must recognise and give effect to the purpose of the Park.
2: Nothing in this Part—
a: affects any land in the Hauraki Gulf, its islands, or coastal area, that is not expressly included in the Park in accordance with this Part:
b: limits the ability of the Minister or an administering body to acquire conservation areas, reserves, wildlife refuges, wildlife sanctuaries, or marine reserves within the Gulf or the Park:
c: changes the ownership or management of areas of land, foreshore, seabed, or the waters of the Gulf:
d: limits the powers and functions of a regional council in the coastal marine area.
3: Despite subsection (1), land included in the Park in accordance with section 33(2)(a), (b), (c), or (e) Conservation Act 1987 Schedule 1 Removal of land, foreshore, seabed, waters, or fisheries from Park
38: Removal of
1: The Governor-General may, by Order in Council, and acting on the recommendation of the Minister, remove any land in section 33(2)(a), (b), (c), and (e)
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must be satisfied that the land no longer serves the purpose of the Park and have regard to the following matters:
a: the existing use of the land:
b: the purposes of the Act under which the land is held:
c: the status or classification of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38 heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Removal of
land with protected status
1: Land, marine mammal sanctuaries, and marine reserves in section 33(2)(a), (b), and (c)
a: exchanging a conservation area under section 16A
b: disposing of a conservation area under section 26
c: exchanging a reserve under section 15
d: revoking a reserve under section 24
e: revoking or disposing of a wildlife refuge or a wildlife sanctuary:
f: varying, redefining, or abolishing a marine mammal sanctuary under section 22
g: revoking a marine reserve.
2: Before taking an action under subsection (1), the Minister must, in addition to any requirements of a relevant Act, consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves the purpose of the Park.
3: A local authority or the administering body of a reserve must, before requesting the revocation of a reserve under section 24
4: The notice, Order in Council, or other instrument that carries out the action in subsection (1), must state that the land, marine mammal sanctuary, or marine reserve has been removed from the Park. Section 39 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
40: Removal of other areas from Park
The Minister may, by notice in the Gazette
a: remove any foreshore or seabed or reclamation from the Park; or
b: remove any land of the Crown within a wetland from the Park; or
c: with the consent of the local authority, remove any open space or building owned by a local authority and managed to protect its natural or historic values from the Park.
41: Removal of land in private ownership and certain fisheries from Park
1: The Minister may, by notice in the Gazette
a: any land in private ownership specified in section 35
b: any taiapure-local fishery or mataitai reserve.
2: The Minister may remove the land, taiapure-local fishery, or mataitai reserve from the Park if the Minister considers that the inclusion of that land, taiapure-local fishery, or mataitai reserve in the Park is no longer serving the purpose of the Park.
3: The Minister must remove the land, a taiapure-local fishery, or a mataitai reserve from the Park within 20 working days (as defined in the Conservation Act 1987
41A: Removal of land described in Schedule 5 from Park
1: The Governor-General may, by Order in Council, on the recommendation of the Minister of Conservation,—
a: remove from the Park any land included in the Park by Schedule 5
b: amend Schedule 5
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must—
a: be satisfied that the land no longer serves the purpose of the Park; and
b: have regard to—
i: the existing use of the land; and
ii: the status or classification (if any) of the land.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41A inserted 5 July 2018 section 71 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Section 41A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Entries in register
The Registrar-General of Land is authorised and directed to make such entry in the register and to do such other things as may be necessary to show the inclusion of land within the Park or the removal of land from the Park.
43: Notation on survey office plans
The Chief Surveyor is authorised and directed to do such things as may be necessary to show on the survey office plans the inclusion of land within the Park or the removal of land from the Park. Deed of Recognition
44: Recognition of tangata whenua statement of relationship
1: The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.
2: A Deed of Recognition—
a: may not relate to any water:
b: may not relate to any land included in the Park in accordance with section 35
3: A Deed of Recognition—
a: may record the Crown's or local authority's acknowledgement referred to in subsection (1); and
b: must identify the area to which the Deed of Recognition relates; and
c: may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and
d: without limiting section 46
4: A Deed of Recognition may be amended or revoked by agreement between the parties.
45: Purpose of Deed of Recognition
Without limiting section 46
46: Effect of Deed of Recognition
Except as provided in section 44(3)(d) section 45
a: does not affect the exercise of any power or the carrying out of any function or duty by any person under any Act, regulation, or bylaw; and
b: must not be taken into account by any person in the exercise of any power or the carrying out of any function or duty under any Act, regulation, or bylaw by that person; and
c: does not permit any person, when considering any matter or making any decision or recommendation under any Act, regulation, or bylaw, to give any greater or lesser weight to a statement of relationship of tangata whenua with any area, as recorded in a Deed of Recognition, than that person would give under that Act, regulation, or bylaw if no Deed of Recognition existed recording that statement; and
d: does not affect the lawful rights or interests of any person; and
e: does not have the effect of granting, creating, or providing evidence of any estate or interest in or any rights of any kind whatever relating to any area referred to in a Deed of Recognition.
47: Other Deeds of Recognition
Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.
48: Notice of Deed of Recognition
When the Crown or local authority enters into a Deed of Recognition, or is a party to a Deed of Recognition that is amended or revoked, the Crown or local authority, as the case may be, must, by notice in the Gazette
4: Miscellaneous
49: Consequential amendments
The enactments specified in Schedule 2
49A: Transitional provisions
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; but
b: not finally determined before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
2: The continuation and completion of an application (including rights of appeal) must be in accordance with the Resource Management Act 1991
3: Subsection (4) applies to an application that, under section 119(4) sections 7 8
4: The Minister must consider the application as if the referral back had not been made.
5: For the purposes of subsection (4), the time period under section 119(1) Hauraki Gulf Marine Park Amendment Act 2001 Section 49A inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
49B: Applications finally determined
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; and
b: finally determined—
i: before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
ii: without complying with section 9(4)
2: A decision (including a decision on an appeal) relating to an application has effect, on and from the date it is made, as if this Act had not been enacted. Section 49B inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
50: Map to indicate boundaries
The catchment area and coastal marine area of the Hauraki Gulf are indicated in general terms only on the map in Schedule 3 section 4
|
DLM53411
|
2000
|
Juries Amendment Act 2000
|
1: Title
1: This Act is the Juries Amendment Act 2000.
2: In this Act, the Juries Act 1981 the principal Act
2: Commencement
This Act comes into force on 30 July 2000.
3: Interpretation
1: Section 2 chief executive physical disability
2: Section 2
4: Disqualification
Section 7(b) borstal training corrective training
5: New
section 6 The principal Act is amended by repealing section 6
6: Qualification and liability
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 sections 7 and 8
6: Certain persons not to serve
1: Section 8 paragraph (c) Judges and members of the Arbitration Court Masters of the High Court, Judges of the Employment Court
2: Section 8 paragraph (h)
h: an employee of the Public Service who is employed—
i: in the Ministry of Justice; or
ii: in the Department of Corrections; or
iii: in the head office of the Department for Courts; or
iv: as an officer of the High Court or of a District Court; or
ha: a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 section 36G of that Act
hb: a security officer within the meaning of section 2(1) of the Penal Institutions Act 1954
3: Section 8(j)
7: New
sections 9 to 12A The principal Act is amended by repealing sections 9 to 12
9: Preparation of jury lists
1: Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for one or more jury districts.
2: In relation to each jury list requested under subclause (1)
a: the number of names to be included in the jury list; and
b: the date by which the list is required.
3: The Chief Registrar of Electors must, for each jury district, prepare a jury list containing a random selection of the names of people who, according to the electoral roll, reside in the jury district and are registered as electors.
4: A jury list must not contain the name of any person—
a: who, according to the electoral roll, holds any office, or is engaged in any occupation, referred to in section 8
b: in respect of whom a direction is in force under section 115 of the Electoral Act 1993
10: Jury lists sent to chief executive
The Chief Registrar of Electors must, within the time specified by the chief executive, forward a jury list for each jury district to the chief executive in accordance with the jury rules.
11: Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Chief Registrar of Electors under section 10
12: Access to, and confidentiality of, jury lists
1: The chief executive must give the Registrar of the Court to which a particular jury list relates a copy of, or access to, the jury list in a form that enables the Registrar to carry out his or her functions relating to the selection of juries.
2: The Registrar of a Court to which a particular jury list relates must ensure that the jury list is kept confidential to—
a: the Registrar; and
b: the Registrar's staff.
3: The chief executive must ensure that jury lists forwarded to him or her under section 10
a: the chief executive; and
b: staff of the Department for Courts who are authorised by the chief executive to have access to the lists.
4: A jury list may be disclosed by an order of the Court or a Judge for the purpose of any proceedings relating to the validity of the jury list or a jury panel or to the eligibility of any juror.
12A: Registrar may amend jury list
1: The Registrar may at any time amend a jury list relating to his or her Court by deleting from it the name of any person who is—
a: not qualified according to section 6; or
b: disqualified according to section 7; or
c: not to serve on any jury according to section 8; or
d: otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or
e: dead.
2: In exercising the power to amend the jury list, the Registrar may act on his or her own knowledge, or on such evidence as he or she considers satisfactory.
8: Summoning of jurors
Section 13 subsection (1)
1: Where jury trials are to be held in any Court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the Court for the purposes of the trials.
9: Registrar may excuse from jury service
1:
2: Section 15(2) paragraph (a)
aa: is of or over the age of 65; or. Section 9(1) repealed 4 October 2010 section 12(2) Juries Amendment Act 2008
10: New
section 16AA The principal Act is amended by inserting, after section 16
16AA: Judge may discharge summons of person with physical disability
1: On application in accordance with subsection (3)
2: A discharge may apply to the whole period for which the person is summoned, or to a particular proceeding.
3: An application under this section must be made—
a: before the jury is constituted; and
b: by the Registrar, or by a member of the Registrar's staff who is involved in, or responsible for, the administration of juries.
4: An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks fit.
11: New
section 18 The principal Act is amended by repealing section 18
18: Selection of jurors
Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the Court using the method determined in accordance with the jury rules.
12: Judge may discharge juror
Section 22 subsection (1)
1: The Judge may discharge a juror if, at any time after the jury is constituted but before the case is opened or the accused is given in charge, it is brought to the attention of the Judge that—
a: the juror is personally concerned with the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses; or
b: the juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
1A: When considering whether to discharge a juror, the Judge may conduct the hearing, and may consider such evidence, as he or she thinks fit.
1B: If a juror is discharged under this section, the Judge may require a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20
13: Challenges for cause
Section 25 subsection (1)
1: In addition to the right to challenge under sections 23 and 24
a: a juror is not indifferent between the parties; or
b: a juror is not capable of acting effectively as a juror in the proceedings because of physical disability.
14: Failure to attend
Section 32(1) paragraph (a)
a: fails without reasonable excuse to attend for service as required by the summons; or.
15: Jury rules
1: Section 35(1) paragraphs (a) to (f)
a: in relation to jury lists, prescribing—
i: what information about each person named on a list must be included on the list:
ii: the form or forms in which lists must be provided:
iii: the powers and duties of the Chief Registrar of Electors, the chief executive, Registrars, and other persons:
iv: that, where more than one form is prescribed under subparagraph (ii)
b: in relation to jury panels, prescribing—
i: the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
ii: the powers and duties of Registrars and other persons:
c: in relation to the summoning of jurors, prescribing—
i: the form or forms to be used to summons jurors:
ii: the method or methods of service of summonses:
iii: the minimum period of notice that must be given in a summons:
d: prescribing the method or methods by which a person who has been summoned can apply to be excused from attendance:
e: requiring a record to be kept of all jurors who are summoned to attend the Court; and prescribing the form and manner in which that record is to be compiled:
f: prescribing the method, methods, or the specifications of the method, for selecting a jury:
fa: prescribing the manner in which challenges are to be made and dealt with:.
2: Section 35 subsection (1)
1A: Where rules made under paragraphs (b), (c), or (f) of subsection (1)
1B: For the purposes of subsection (1A)
3: Section 35(2) subsection (1)
16: Consequential repeals
The following provisions are consequentially repealed:
a: subsections (1) and (2) of section 23 of the Penal Institutions Amendment Act 1985
b: section 4 of the Juries Amendment Act 1994
17: Transitional provisions
1: Nothing in this Act affects the validity of any jury list or jury panel that was prepared and in use immediately before the commencement of this Act.
2: Nothing in this Act affects the validity of the composition of any jury that was constituted before the commencement of this Act and continued to serve after that date.
3: The validity of a summons that is issued under the principal Act before the commencement of this Act, and is intended to continue to have effect after that date, is not affected by anything in this Act.
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DLM53446
|
2000
|
Broadcasting Amendment Act 2000
|
1: Title
1: This Act is the Broadcasting Amendment Act 2000.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
1: Section 2(1) individual section 2(1) of the Privacy Act 1993
2: Section 2(1) Minister Minister
4: Functions of Authority
1: Section 21(1)(e)
vii: the privacy of the individual:.
2: Section 21
4: When performing its functions under subsection (1)(e), (f), or (g) subsection (1)(e)(vii) Privacy Act 1993
5: Rules in relation to retention of recordings of programmes
1: Section 30 subsection (1)
1: The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.
2: Section 30 subsection (3)
3: Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.
6: Functions of Commission
1: Section 36 paragraph (c)
c: to ensure that a range of broadcasts is available to provide for the interests of—
i: women; and
ii: youth; and
iii: children; and
iv: persons with disabilities; and
v: minorities in the community including ethnic minorities; and.
2: Section 36 paragraph (c)
ca: to encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and
7: Crown entity
Section 53Q(2) of Communications
8: New
section 53S The principal Act is amended by inserting, after section 53R
53S: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: When carrying out its function, duties, powers, rights, and authorities under this Act, Te Reo Whakapuaki Irirangi must comply with any direction given to it jointly by the Minister and the Minister of Maori Affairs in accordance with this section in relation to the general policy of the Government on the promotion, by means of broadcasting, of Maori language and Maori culture or the function, duties, powers, rights, and authorities of Te Reo Whakapuaki Irirangi.
2: The Minister and the Minister of Maori Affairs may not give a direction in respect of—
a: a specific programme; or
b: the gathering or presentation of news or the preparation or presentation of current affairs programmes.
3: The Minister and the Minister of Maori Affairs, acting jointly, must—
a: give the direction to Te Reo Whakapuaki Irirangi by notice in writing; and
b: as soon as practicable after giving the written notice,—
i: publish a copy of it in the Gazette
ii: present a copy of it to the House of Representatives.
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DLM53465
|
2000
|
Protected Disclosures Act 2000
|
1: Title
This Act is the Protected Disclosures Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
3: Interpretation
1: In this Act, unless the context otherwise requires,— appropriate authority
a: includes—
i: the Commissioner of Police:
ii: the Controller and Auditor-General:
iii: the Director of the Serious Fraud Office:
iv: the Inspector-General of Intelligence and Security:
v: an Ombudsman:
vi: the Parliamentary Commissioner for the Environment:
vii: the Independent Police Conduct
viii: the Solicitor-General:
ix: the Public Service Commissioner
x: the Health and Disability Commissioner; and
b: includes the head of every public sector organisation, whether or not mentioned in paragraph (a); and
c: includes a private sector body which comprises members of a particular profession or calling and which has power to discipline its members; but
d: does not include—
i: a Minister of the Crown; or
ii: a member of Parliament classified information section 78AA employee
a: a former employee:
b: a homeworker within the meaning of section 5
c: a person seconded to the organisation:
d: an individual who is engaged or contracted under a contract for services to do work for the organisation:
e: a person concerned in the management of the organisation (including a person who is a member of the board or governing body of the organisation)
f: in relation to the New Zealand Defence Force, a member of the Armed Forces:
g: a person who works for the organisation as a volunteer without reward or expectation of reward for that work environment section 2 intelligence and security agency section 4 Ombudsman Ombudsmen Act 1975 section 13
a: any person holding office under an Ombudsman to whom any of the powers of an Ombudsman have been delegated under section 28
b: any person whom the Chief Ombudsman organisation protected disclosure of information section 6(2) public official public sector organisation
a: an organisation named or specified in Schedule 1
b: an organisation named in Schedule 1
c: a local authority or public body named or specified in Schedule 1
d: the Office of the Clerk of the House of Representatives:
e: the Parliamentary Service:
f: an intelligence and security agency:
g: a council-controlled organisation within the meaning of section 6 serious wrongdoing
a: an unlawful, corrupt, or irregular use of funds or resources of a public sector organisation
b: an act, omission, or course of conduct that constitutes a serious risk to public health or public safety or the environment; or
c: an act, omission, or course of conduct that constitutes a serious risk to the maintenance of law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: an act, omission, or course of conduct that constitutes an offence; or
e: an act, omission, or course of conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement,— whether the wrongdoing occurs before or after the commencement of this Act working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period beginning on 25 December in any year and ending on 15 January (both dates inclusive) in the following year.
2: An example used in this Act has the following status:
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails. Section 3(1) appropriate authority amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) appropriate authority amended 7 August 2020 section 135 Public Service Act 2020 Section 3(1) classified information inserted 28 September 2017 section 319 Intelligence and Security Act 2017 Section 3(1) employee substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 3(1) employee amended 6 May 2009 section 4(1) Protected Disclosures Amendment Act 2009 Section 3(1) employee added 6 May 2009 section 4(2) Protected Disclosures Amendment Act 2009 Section 3(1) intelligence and security agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) Ombudsman amended 6 May 2009 section 4(3) Protected Disclosures Amendment Act 2009 Section 3(1) public funds or public resources repealed 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) public official substituted 6 May 2009 section 4(4) Protected Disclosures Amendment Act 2009 Section 3(1) public sector organisation substituted 1 July 2003 section 262 Local Government Act 2002 Section 3(1) serious wrongdoing amended 1 July 2001 section 53 Public Audit Act 2001 Section 3(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 3(2) added 6 May 2009 section 4(5) Protected Disclosures Amendment Act 2009
4: Act binds the Crown
This Act binds the Crown
5: Purpose of Act
The purpose of this Act is to promote the public interest—
a: by facilitating the disclosure and investigation of matters of serious wrongdoing in or by an organisation; and
b: by protecting employees who, in accordance with this Act, make disclosures of information about serious wrongdoing in or by an organisation. Protected disclosures
6: Disclosures to which Act applies
1: An employee of an organisation may disclose information in accordance with
a: the information is about serious wrongdoing in or by that organisation; and
b: the employee believes on reasonable grounds that the information is true or likely to be true; and
c: the employee wishes to disclose the information so that the serious wrongdoing can be investigated; and
d: the employee wishes the disclosure to be protected.
2: Any disclosure made in accordance with subsection (1)
3: If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a)
4: This section is subject to section 6A Section 6(1) amended 6 May 2009 section 5(1) Protected Disclosures Amendment Act 2009 Section 6(3) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009 Section 6(4) added 6 May 2009 section 5(2) Protected Disclosures Amendment Act 2009
6A: Technical failure to comply with or refer to Act
1: A disclosure of information is not prevented from being a protected disclosure of information for the purposes of this Act merely because—
a: of a technical failure to comply with sections 7 to 10 section 6
b: the employee does not expressly refer to the name of this Act when the disclosure is made. Example
Person A is an employee of Organisation B. B’s internal procedures for receiving and dealing with information about serious wrongdoing require the information to be provided to B’s Human Resources Manager using a particular form. Person A provides the information using the form to B’s chief executive rather than the Human Resources Manager. Person A otherwise substantially complies with the Act. The failure to comply is merely technical. Under this section, the disclosure is still a protected disclosure for the purposes of this Act.
2: This section applies despite anything to the contrary expressed or implied in the relevant internal procedures. Section 6A inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6B: Role of Ombudsmen in providing information and guidance
1: An Ombudsman may provide information and guidance to an employee on any matter concerning this Act (either on a request made at any time or at the Ombudsman’s discretion).
2: If an employee notifies the Office of the Ombudsmen, orally or in writing, that he or she has disclosed, or is considering the disclosure of, information under this Act, an Ombudsman must provide information and guidance to that employee on the following matters:
a: the kinds of disclosures that are protected under this Act:
b: the manner in which, and the persons to whom, information may be disclosed under this Act:
c: the broad role of each authority referred to in paragraph (a)(i) to (x) of the definition of appropriate authority in section 3(1)
d: the protections and remedies available under this Act and the Human Rights Act 1993
e: how particular information disclosed to an appropriate authority may be referred to another appropriate authority under this Act. Section 6B inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
6C: Information about internal procedures
(1): For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation:
a: information concerning whether the organisation has established and published internal procedures for receiving and dealing with information about serious wrongdoing; and
b: a copy of those procedures; and
c: information about how those procedures operate.
2: An organisation is not required to comply with a request made under subsection (1) if it is not a public sector organisation. Section 6C inserted 6 May 2009 section 6 Protected Disclosures Amendment Act 2009
7: Disclosure must be made in accordance with internal procedures
1: An employee must disclose information in the manner provided by internal procedures established by and published in the organisation, or the relevant part of the organisation, for receiving and dealing with information about serious wrongdoing.
2: This section is subject to sections 12 to 14
8: Disclosure may be made to head of organisation in certain circumstances
1: A disclosure of information may be made to the head or a deputy head of the organisation if—
a: the organisation has no internal procedures established and published for receiving and dealing with information about serious wrongdoing; or
b: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is or may be involved in the serious wrongdoing alleged in the disclosure; or
c: the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is, by reason of any relationship or association with a person who is or may be involved in the serious wrongdoing alleged in the disclosure, not a person to whom it is appropriate to make the disclosure.
2: This section is subject to sections 12 to 14
9: Disclosure may be made to appropriate authority in certain circumstances
1: A disclosure of information may be made to an appropriate authority if the employee making the disclosure believes on reasonable grounds—
a: that the head of the organisation is or may be involved in the serious wrongdoing alleged in the disclosure; or
b: that immediate reference to an appropriate authority is justified by reason of the urgency of the matter to which the disclosure relates, or some other exceptional circumstances; or
c: that there has been no action or recommended action on the matter to which the disclosure relates within 20 working days after the date on which the disclosure was made.
2: This section is subject to sections 12 to 14
10: Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances
1: A disclosure of information may be made to a Minister of the Crown or an Ombudsman if the employee making the disclosure—
a: has already made substantially the same disclosure in accordance with section 7 section 8 section 9
b: believes on reasonable grounds that the person or appropriate authority to whom the disclosure was made—
i: has decided not to investigate the matter; or
ii: has decided to investigate the matter but has not made progress with the investigation within a reasonable time after the date on which the disclosure was made to the person or appropriate authority; or
iii: has investigated the matter but has not taken any action in respect of the matter nor recommended the taking of action in respect of the matter, as the case may require; and
c: continues to believe on reasonable grounds that the information disclosed is true or likely to be true.
2: A disclosure under this section may be made to an Ombudsman only if—
a: it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9
b: it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15 16
3: This section is subject to sections 12 to 14 Section 10(2) substituted 6 May 2009 section 7 Protected Disclosures Amendment Act 2009
11: Public sector organisations to establish internal procedures
1: Every public sector organisation must have in operation appropriate internal procedures for receiving and dealing with information about serious wrongdoing in or by that organisation.
2: The internal procedures must—
a: comply with the principles of natural justice; and
b: identify the persons in the organisation to whom a disclosure may be made; and
c: include reference to the effect of sections 8 to 10
3: Information about the existence of the internal procedures, and adequate information on how to use the procedures, must be published widely in the organisation and must be republished at regular intervals. Intelligence and security and international relations
12: Special rules on procedures of organisations relating to intelligence and security matters
1: This section applies to—
a: an intelligence and security agency; and
b: any other organisation in the public sector that holds or has access to—
i: classified information; or
ii: information relating to the activities of an intelligence and security agency.
2: An organisation to which this section applies must have internal procedures that—
a: provide that the persons to whom a disclosure of information described in subsection (1)(b) may be made must be persons holding an appropriate security clearance and be authorised to have access to the information; and
b: state that the only appropriate authority to whom information described in subsection (1)(b) may be disclosed is the Inspector-General of Intelligence and Security; and
c: invite any employee who has disclosed, or is considering the disclosure of, information described in subsection (1)(b) under this Act to seek information and guidance from the Inspector-General of Intelligence and Security, and not from an Ombudsman; and
d: state that no disclosure of information described in subsection (1)(b) may be made to an Ombudsman or to a Minister of the Crown other than—
i: the Minister responsible for an intelligence and security agency; or
ii: the Prime Minister. Section 12 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
13: Special rules on procedures of certain organisations relating to international relations
1: This section applies to the internal procedures of the following agencies to the extent that those procedures relate to the disclosure of information (other than classified information) concerning the international relations of the Government of New Zealand:
a: the Department of the Prime Minister and Cabinet; and
b: the Ministry of Foreign Affairs and Trade; and
c: the Ministry of Defence; and
d: the New Zealand Defence Force.
2: The internal procedures must—
a: state that the only appropriate authority to whom information may be disclosed is an Ombudsman; and
b: invite any employee who has disclosed, or is considering the disclosure of, information under this Act to seek information and guidance from an Ombudsman; and
c: state that no disclosure may be made to a Minister of the Crown other than—
i: the Prime Minister; or
ii: the Minister responsible for foreign affairs and trade. Section 13 replaced 28 September 2017 section 320 Intelligence and Security Act 2017
14: Further protection of information relating to intelligence and security and international relations
Neither the Inspector-General of Intelligence and Security nor an Ombudsman may disclose information referred to in section 12 section 13 subpart 1 Ombudsmen Act 1975 Section 14 amended 28 September 2017 section 335 Intelligence and Security Act 2017 Further provisions concerning Ombudsmen Heading substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15: Ombudsmen may escalate disclosure to appropriate authority or Minister or investigate disclosure
1: An Ombudsman may, with the consent of an employee who has made a protected disclosure of information to any organisation, appropriate authority, or other person in accordance with this Act,—
a: refer the disclosure to an appropriate authority or to another appropriate authority if the Ombudsman considers, after consultation with that appropriate authority, that any of the circumstances in section 9(1)(a) to (c)
b: refer the disclosure to a Minister of the Crown if the Ombudsman considers, after consultation with that Minister, that any of the circumstances in section 10(1)(b)(i) to (iii)
c: investigate the disclosure if the Ombudsman considers that—
i: the disclosure relates to a public sector organisation; and
ii: any of the circumstances in section 9(1)(a) to (c) section 10(1)(b)(i) to (iii)
2: Subsection (1)—
a: applies despite sections 7 to 10
b: does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: If an Ombudsman makes a referral under this section, he or she must promptly notify any organisation or other person that he or she is aware may be investigating the disclosure that the information disclosed has been referred under this section to an appropriate authority or Minister of the Crown for investigation.
4: A protected disclosure of information does not, by reason of an Ombudsman acting under subsection (1), cease to be a protected disclosure of information.
5: Nothing in this section prevents a protected disclosure of information being referred under—
a: this section on more than 1 occasion; or
b: section 16
6: This section is subject to sections 12 to 14 Section 15 substituted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15A: Ombudsmen may take over some investigations or investigate in conjunction with public sector organisation
1: An Ombudsman may take over an investigation of a disclosure of information by a public sector organisation, or investigate a disclosure of information in conjunction with a public sector organisation, if—
a: the disclosure is in respect of the public sector organisation; and
b: the Ombudsman considers that any of the circumstances in section 10(1)(b)(i) to (iii)
c: the employee who made the disclosure consents to the Ombudsman acting under this section; and
d: in the case of an investigation in conjunction with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section.
2: However, subsection (1) does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment.
3: This section is subject to sections 12 to 14 Section 15A inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15B: Ombudsmen may review and guide investigations by public sector organisations
1: An Ombudsman may review and guide any investigation of a protected disclosure of information by a public sector organisation (either on the organisation’s request or at the Ombudsman’s discretion).
2: Subsection (1) does not authorise an Ombudsman to issue a direction to a public sector organisation requiring it to act in a particular manner in relation to an investigation.
3: Subsection (1) does not apply if the public sector organisation is the Office of the Parliamentary Commissioner for the Environment.
4: This section is subject to sections 12 to 14 Section 15B inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15C: Ombudsmen may receive reports on investigations and include information in annual report
1: The Ombudsmen may receive reports on the following investigations:
a: investigations referred under section 15
b: investigations in relation to which an Ombudsman has acted under section 15B
c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act.
2: The Ombudsmen may include (among other matters) in their annual report under section 29
a: current guidance issued by the Ombudsmen in respect of this Act:
b: the number and types of information and guidance inquiries made to the Ombudsmen in respect of this Act:
c: the number of protected disclosures of information made to the Ombudsmen:
d: the number of investigations of disclosures of information undertaken or taken over by the Ombudsmen:
e: the number of investigations referred under section 15
f: the outcome of the matters referred to in paragraphs (b) to (e) (if known by the Ombudsmen). Section 15C inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15D: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
The Chief Ombudsman may, by written notice, appoint a person to perform an Ombudsman’s functions under this Act. Section 15D inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009
15E: Miscellaneous provisions relating to Ombudsmen
1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975 section 13(3)
2: The Ombudsmen have the same powers in relation to investigating a disclosure of information made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975
3: Sections 19 20 30 section 6C 15B 15C Section 15E inserted 6 May 2009 section 8 Protected Disclosures Amendment Act 2009 Reference from one appropriate authority to another of information disclosed Heading inserted 6 May 2009 section 9 Protected Disclosures Amendment Act 2009
16: Reference from one appropriate authority to another of information disclosed
1: Where an appropriate authority to whom a protected disclosure of information is made considers, after consultation with another appropriate authority, that the information disclosed can be more suitably and conveniently investigated by that other appropriate authority, the appropriate authority to whom the information is disclosed may refer that information to that other appropriate authority.
2: Where, under subsection (1), information is referred from one appropriate authority to another, the appropriate authority to whom the information has been referred must promptly notify the person by whom the protected disclosure of information was made that the information disclosed has been so referred.
3: A protected disclosure of information does not, by reason of the information being referred under subsection (1), cease to be a protected disclosure of information.
4: Nothing in this section prevents a protected disclosure of information being transferred from one appropriate authority to another on more than 1 occasion. Protections
17: Personal grievance
1: Where an employee who makes a protected disclosure of information under this Act claims to have suffered retaliatory action from his or her employer or former employer, that employee,—
a: if that retaliatory action consists of or includes dismissal, may have a personal grievance, for the purposes of paragraph (a) of section 103(1) Part 9
b: if that retaliatory action consists of action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of paragraph (b) of section 103(1) Part 9
2: This section applies only to employees within the meaning of the Employment Relations Act 2000 Section 17 substituted 2 October 2000 section 240 Employment Relations Act 2000
18: Immunity from civil and criminal proceedings
1: No person who—
a: makes a protected disclosure of information; or
b: refers a protected disclosure of information to an appropriate authority for investigation— is liable to any civil or criminal proceeding or to a disciplinary proceeding by reason of having made or referred that disclosure of information.
2: Subsection (1) applies despite any prohibition of or restriction on the disclosure of information under any enactment, rule of law, contract, oath, or practice.
19: Confidentiality
1: Every person to whom a protected disclosure is made or referred must use his or her best endeavours not to disclose information that might identify the person who made the protected disclosure unless—
a: that person consents in writing to the disclosure of that information; or
b: the person who has acquired knowledge of the protected disclosure reasonably believes that disclosure of identifying information—
i: is essential to the effective investigation of the allegations in the protected disclosure; or
ii: is essential to prevent serious risk to public health or public safety or the environment; or
iii: is essential having regard to the principles of natural justice.
2: A request for information under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 constable
3: An Ombudsman may—
a: provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and
b: otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1). Section 19(2) amended 6 May 2009 section 10(1) Protected Disclosures Amendment Act 2009 Section 19(2) amended 1 October 2008 section 116(a)(ii) Protected Disclosures Amendment Act 2009 Section 19(3) added 6 May 2009 section 10(2) Protected Disclosures Amendment Act 2009
19A: Protections extend to volunteers of supporting information
1: The protections conferred by sections 17 to 19
2: In this section, a person volunteers supporting information if the person—
a: provides information, in support of a protected disclosure of information made by another person, to—
i: a person investigating the disclosure; or
ii: the person who made the disclosure; and
b: is an employee of the organisation in respect of which the disclosure was made; and
c: wishes to provide the supporting information so that the serious wrongdoing can be investigated.
3: However, a person does not volunteer supporting information if the person provides the supporting information only after being—
a: required to do so under any enactment, rule of law, or contract for the purposes of the investigation; or
b: approached during the course of the investigation by, or on behalf of, the person investigating the matter. Section 19A inserted 6 May 2009 section 11 Protected Disclosures Amendment Act 2009 Miscellaneous provisions
20: False allegations
The protections conferred by this Act and by section 66(1)(a)
21: Other protections preserved
This Act does not limit any protection, privilege, immunity, or defence, whether statutory or otherwise, relating to the disclosure of information.
22: Legal professional privilege
1: Nothing in this Act authorises a person to disclose information protected by legal professional privilege.
2: A disclosure of such information is not a protected disclosure for the purposes of this Act.
23: No contracting out of Act
1: This Act has effect despite any provision to the contrary in any agreement or contract.
2: Any provision in any agreement or contract that purports to require an employee to withdraw or abandon a disclosure of information made under this Act is of no effect. Section 23 substituted 6 May 2009 section 12 Protected Disclosures Amendment Act 2009
24: Review of operation of Act
Section 24 repealed 6 May 2009 section 12 Protected Disclosures Amendment Act 2009 Amendment to Human Rights Act 1993
25: Victimisation
Amendment(s) incorporated in the Act(s)
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DLM53931
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2000
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Radiocommunications Amendment Act 2000
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1: Title
1: This Act is the Radiocommunications Amendment Act 2000.
2: In this Act, the Radiocommunications Act 1989 the principal Act
2: Commencement
This Act comes into force on a date to be fixed by the Governor-General by Order in Council.
3: Interpretation
Section 2 subsection (1)
1: In this Act, unless the context otherwise requires,— adjacent frequencies emission limit
a: frequencies other than frequencies within the range of frequencies to which the record relates; and
b: frequencies within a range that has as its upper or lower limit a frequency that constitutes a boundary of the range of frequencies to which the record of management rights relates adjacent manager advertising programme section 2 of the Broadcasting Act 1989 approved radio engineer section 130 auditor Companies Act 1993 boundary broadcast section 2 of the Broadcasting Act 1989 co-channel emissions Convention on International Civil Aviation
a: any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and
b: any Annex or amendment to the Convention accepted under Article 90 of the Convention to the extent adopted by New Zealand; and
c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation organisation under Article 37 of the Convention, to the extent adopted by New Zealand Court Registrar eirp emission financial year harmful interference induction infringement fee section 134(1)(jb) infringement offence section 134(1)(ja) instrument Parts II to X interference interfering equipment International Convention for the Safety of Life at Sea
a: the Annex to that Convention; and
b: all amendments of that Convention; and
c: all protocols to that Convention International Radio Regulations ITU-R reports and recommendations
a: any amendments or additions to any such reports or recommendations; and
b: any reports or recommendations adopted in substitution for any such reports or recommendations manager
a: means a person named in a record of management rights as the manager of the range of frequencies to which the record of management rights relates; and
b: includes,—
i: in relation to the transfer of management rights, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(a)
ii: in relation to the granting of spectrum licences under section 48 section 78(b) Minister power floor programme section 2 of the Broadcasting Act 1989 protection area protection limit radiation radio apparatus radiocommunications radio licence Part XIII Radio New Zealand section 2 of the Radio New Zealand Act 1995 section 19 of that Act sections 158 and 158A of the Companies Act 1955 sections 5 and 6 of the Companies Act 1993 radio receiver radio transmitter radio waves record of management rights section 10(2) section 45 or section 47 reference standard section 133 Register
a: when used as a noun, means the Register of Radio Frequencies established under section 5
b: when used as a verb, means to record on the Register: Registrar section 4 rightholder
a: means the holder for the time being of a spectrum licence; and
b: includes a mortgagee who, in right of a mortgage of a spectrum licence, is entitled to enjoy or exercise the rights of the rightholder Secretary spectrum licence Part VI supply susceptible equipment unwanted emission unwanted emission limit
a: frequencies that are within a range of frequencies—
i: specified in the record of management rights to which a spectrum licence relates; or
ii: subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
b: frequencies that are not within the frequency band specified in the spectrum licence.
4: New section 5 substituted
The principal Act is amended by repealing section 5
5: Register of Radio Frequencies
The Registrar must establish and maintain a Register for the purpose of maintaining records of interests or uses relating to radio frequencies.
5: Form of Register
Section 6(3) paragraph (c)
ca: particulars of all radio licences granted by the Secretary under Part XIII
6: Registration of management rights for radio frequencies
1: Section 10 of management rights for
2: Section 10 subsection (1)
1A: The Secretary may make applications for successive management rights in respect of a radio frequency, but the commencement date specified in each successive application must not be earlier than the day after the expiry date of the preceding management right.
3: Section 10(2) subsection (1)
7: New section 11A inserted
The principal Act is amended by inserting, after section 11
11A: Creation of successive records of management rights
A record of management rights may be created at any time and from time to time, but where more than 1 record of management rights is created for a frequency, the commencement date for the subsequent record of management rights must not be earlier than the day after the date on which the previous management rights expire.
8: Repeal of
section 12 Section 12
9: Fees in relation to defective applications
Section 20 subsection (3)
3: Nothing in this section applies in respect of any spectrum licence that is returned under section 25(1) section 57C
10: New
section 25 The principal Act is amended by repealing section 25
25: Registrar's duties in relation to registration of spectrum licences
1: Where an instrument received by the Registrar for registration under section 16(1) section 48 section 18(a)
2: The Registrar must not register any spectrum licence unless an instrument received by the Registrar for registration under section 16(1) section 48
3: The Registrar must not register any spectrum licence where that spectrum licence specifies unwanted emission limits applying to that spectrum licence, and the maximum power of emissions on any frequency to which the unwanted emissions limit applies exceeds any adjacent frequencies emission limit on the management right to which the spectrum licence relates.
4: The Registrar must not register any spectrum licence unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence relates—
a: will not endanger the functioning of any radio navigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where an instrument received by the Registrar for registration under section 16(1) section 48
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search by virtue of section 28
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the spectrum licence, and must return the spectrum licence in accordance with section 18(a)
7: Except as provided in subsections (1) to (6) section 16(1)
11: Registration of spectrum licences and modifications where management rights mortgaged
Section 26(1)
a: by inserting, before the word licence spectrum
b: by omitting the expression section 54A sections 57, 57A, 57B, or 57C
12: New section 28 substituted
The principal Act is amended by repealing section 28
28: Register to be open for search
1: Any person may, upon payment of the prescribed fee, have access to the Register for the purpose of determining whether or not any radio frequency is subject to a record of management rights, a spectrum licence, or a radio licence and determining the identity of the owner of a management right, a rightholder, or the holder of a radio licence.
2: The Register must be so arranged that it may be searched by—
a: reference number; or
b: frequency band or frequency within a frequency band; or
c: any other search reference specified in regulations made under this Act.
3: The Registrar must not disclose, otherwise than in accordance with this section,—
a: any information that will identify, or assist a person to identify, the residential address of any manager, rightholder, or holder of a radio licence where that manager, rightholder, or holder of a radio licence is a natural person and that manager, rightholder, or holder of a radio licence has advised the Registrar in writing that that person does not authorise the disclosure of such information; or
b: any record where the Secretary has advised the Registrar in writing that the record contains information that would be likely to prejudice the security or defence of New Zealand.
4: Information protected in accordance with this section may be disclosed to the persons or class of persons prescribed in regulations made under this Act for the purposes prescribed in those regulations.
13: Registrar to issue search copies
Section 29(2) 28(2) 28(3)
14: Certified copies of Register to be evidence
1: Section 30 subsection (3) 28(2) 28(3)
2: Section 30
4: This section does not apply to records of radio licences.
15: New section 33 substituted
The principal Act is amended by repealing section 33
33: Expiry of registration
At the close of the day specified in a record of management rights as the expiry date of the record of management rights,—
a: all rights conferred by this Act on the manager in relation to the frequencies in the management right, every rightholder in relation to those frequencies, and every other person recorded on the Register as having an interest in those frequencies, expire; and
b: the management rights expire and the provisions of Part XIII
16: Content of record of management rights
1: Section 34
a: by omitting paragraph (a)
a: the name and address of the manager; and:
b: by inserting, after paragraph (d)
da: the power floor applying to the frequencies to which the record of management rights relates; and:
c: by inserting in paragraph (e) licences spectrum
2: Section 34 paragraph (h)
h: the reference number of every spectrum licence, where any of the frequencies within the frequency band to which that spectrum licence relates is within the range of frequencies to which the management right relates.
17: New heading and
sections 34A-34D The principal Act is amended by inserting, after section 34 Power floors
34A: Power floors applying when radio frequencies registered under Act
1: Unless section 34B or section 34C
2: Where no power floor is specified in an application for management rights for a frequency, the power floor is -50dBW.
34B: Modification of power floors
Where the Secretary and any manager agree to modify the power floor applying to any 1 or more frequencies to which the manager's record of management rights relates, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—
a: the power floor that is to apply, under the agreement, to any 1 or more frequencies to which that record of management rights relates; and
b: the date from which the modified power floor or floors apply.
34C: Power floors applying after creation of records of management rights under
section 45(1) or 47(1)
1: Where, under section 44(1) section 45(1)
2: Where, under section 46(1) section 47(1) Management rights ceiling
34D: Ceiling for management rights
Nothing in Parts III to XII or Part XVI
18: Protection limit applying when radio frequencies registered under Act
Section 35 subsection (2)
2: The Registrar must not register a protection limit in relation to a record of management rights where the protection limit is lower than the power floor specified for any frequency within the range of frequencies to which the record relates.
19: Adjacent frequencies emission limits applying when radio frequencies registered under Act
Section 39(2)
20: Modification of adjacent frequencies emission limits
1: Section 40(2) licence spectrum
2: Section 40(3)
21: Transfer by manager
Section 42 subsection (2)
2: The manager must obtain the consent of the rightholder to a transfer of management rights proposed in accordance with this section, if—
a: a spectrum licence is in force at the time of the transfer; and
b: that spectrum licence provides that the spectrum licence may be modified by the rightholder alone; and
c: that spectrum licence applies to a frequency band of which some of the frequencies are in the part of the management right proposed to be transferred and some of the frequencies are in the part of the management right proposed to be retained by the manager.
22: New records of management rights to be created for portion transferred and for balance
1: Section 45 New records of management rights to be created for portion transferred and for balance
2: Section 45 subsection (2)
2: The Registrar must record on every record of management rights created under subsection (1)
a: the reference number of every spectrum licence that was recorded on the cancelled record of management rights, where any frequency within the frequency band to which that spectrum licence relates is within the range of frequencies to which the record of management rights relates:
b: any conditions recorded on the cancelled record of management rights, where those conditions applied to the whole of the cancelled management right or to any frequency with the frequency band to which the record of management rights created under subsection (1)
23: New sections 48 and 49 substituted
The principal Act is amended by repealing sections 48 49 50 51
48: Creation of spectrum licence by manager
1: Where a manager intends to reserve to himself or herself or to grant to any other person—
a: the right to transmit on a frequency band, and the right to have no harmful interference from co-channel emissions in the protection area on the frequency band within the range of frequencies specified in the manager's record of management rights; or
b: the right to transmit on a frequency band within the range of frequencies specified in the manager's record of management rights; or
c: the right to have no harmful interference from co-channel emissions in the protection area on a frequency band within the range of frequencies specified in the manager's record of management rights,— that manager may execute for the purposes of registration a spectrum licence in a form prescribed for spectrum licences granted or reserved under this section.
2: A spectrum licence is not valid until that licence is registered.
3: Any spectrum licence created under subsection (1)(b) section 55A
49: Contents of spectrum licence
1: Every spectrum licence must specify—
a: the name and address of the rightholder; and
b: the frequency band within which radio waves may be transmitted; and
c: except for licences granted or reserved under section 48(1)(b)
d: except for licences granted or reserved under section 48(1)(c)
e: the commencement date of the spectrum licence, being a date not earlier than the commencement date of the record of management rights to which the spectrum licence relates; and
f: the expiry date of the spectrum licence, being a date not later than the expiry date of the record of management rights to which the spectrum licence relates; and
g: whether the spectrum licence may be transferred to another person by the rightholder with or without the consent of the manager; and
h: whether the spectrum licence may be cancelled by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
i: whether the spectrum licence may be modified by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
j: any conditions on the exercise of the right to transmit radio waves or the right to have no harmful interference under the spectrum licence, being conditions that do not contravene the conditions specified in the record of management rights to which the spectrum licence relates; and
k: any other matters that may be specified by regulations made under this Act.
2: A spectrum licence may specify that the spectrum licence is a general user spectrum licence for the purposes of section 55A
24: Repeal of sections relating to modification of unwanted emission limits
Sections 53 54 54A
25: New sections 55-57D substituted
The principal Act is amended by repealing sections 55 to 57
55: Transmissions by persons with agreement of rightholder
1: The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.
2: The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—
a: the rightholder's spectrum licence:
b: conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:
c: the provisions of section 102
d: the First Schedule
3: Every transmission by a person who—
a: has entered into an agreement with a rightholder under this section; and
b: is transmitting in accordance with that agreement— is a transmission by the rightholder.
55A: Transmissions in accordance with general user spectrum licences
1: This section applies to every spectrum licence created under section 48(1)(b) section 48(3)
2: A general user spectrum licence grants to every person permission to transmit radio waves on the frequency band specified in the general user spectrum licence if that person complies with—
a: any conditions specified in the record of management rights in relation to which the general user spectrum licence is registered; and
b: any conditions specified in the spectrum licence under section 49(1)(j)
c: the First Schedule
3: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the general user spectrum licence applies, at a level greater than is specified in that general user spectrum licence as the unwanted emission limit applying to that frequency.
4: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the general user spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the general user spectrum licence was registered.
5: Every person who transmits radio waves on a frequency specified in a general user spectrum licence and who fails to comply with subsections (2), (3), or (4)
6: A person transmitting in accordance with a general user spectrum licence is not a rightholder and that person does not, by transmitting in accordance with a general user spectrum licence, acquire rights or obligations under sections 99, 101, or 102
56: Transfer of spectrum licence
1: If a rightholder intends to transfer the rightholder's spectrum licence, the rightholder may, for the purpose of registration, execute a notice of transfer in the prescribed form.
2: If a spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from the manager to the transfer of that spectrum licence.
3: If a part of the management rights to which a frequency band in a spectrum licence relates has been transferred to another person and the spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from all managers holding management rights to which the frequency band in that spectrum licence relates.
4: The transfer of a spectrum licence is not valid until the transfer is registered.
57: Modification or cancellation of spectrum licence by rightholder alone
1: Where a spectrum licence provides that the spectrum licence may be modified or cancelled by the rightholder alone and the rightholder wishes to modify any matter specified on the rightholder's spectrum licence or cancel the rightholder's spectrum licence, the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the spectrum licence; and
b: the date from which the modification or cancellation is to apply.
57A: Modification or cancellation of spectrum licence by manager alone
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager alone and the manager in relation to that spectrum licence wishes to modify any matter specified on the spectrum licence or cancel the rightholder's spectrum licence, the manager may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply.
57B: Modification or cancellation of spectrum licence by rightholder and manager
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager and the rightholder together and the manager and the rightholder in relation to that spectrum licence agree to modify any matter specified on the spectrum licence or to cancel the spectrum licence, the manager or the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1)
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply.
57C: Modification of spectrum licence where 2 or more managers
If the reference number of a spectrum licence is recorded in accordance with section 45(3)
57D: Registrar's duties in relation to registration of modification or cancellation of spectrum licence
1: Where an instrument received by the Registrar for registration under section 16(1)
2: Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
3: Where—
a: an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and
b: any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
c: the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,— the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
4: The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1)
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence, as modified, relates—
a: will not endanger the functioning of any radionavigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where a modification to a spectrum licence is received by the Registrar,—
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence, as modified, relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search under section 28(3)
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the modification to the spectrum licence, and must return the modification to the spectrum licence in accordance with section 18(a)
7: The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.
8: Except as provided in subsections (1) to (7) section 16(1)
26: New
section 72A The principal Act is amended by inserting, after section 72
72A: Matters relevant to radio engineer's certificate
Before issuing a certificate under section 25 or section 57D
a: the International Radio Regulations; and
b: the ITU-R reports and recommendations; and
c: Annex 10 to the Convention on International Civil Aviation; and
d: the International Convention for the Safety of Life at Sea; and
e: the nature of the service proposed to be operated under the spectrum licence; and
f: any relevant reference standards issued by the Secretary.
27: Discharge of mortgage
1: Section 86(1) endorse on the mortgage complete
2: Section 86(2) licence spectrum
28: New section 99 substituted
The principal Act is amended by repealing section 99
99: Rights conferred on rightholder by spectrum licence
1: Every rightholder who has a spectrum licence to transmit radio waves and to receive no harmful interference from co-channel emissions in a protection area has the right to transmit radio waves and to receive no harmful interference from co-channel emissions in that protection area in accordance with that licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
2: Every rightholder who has a spectrum licence to transmit radio waves has the right to transmit radio waves in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
3: Every rightholder who has a spectrum licence containing the right to receive no harmful interference from co-channel emissions in a protection area has the right to receive no harmful interference from co-channel emissions in the protection area in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
4: If the rightholder complies with section 102
29: Repeal of provisions relating to rights of holders of certain licences
Section 100
30: Requirements to be complied with in exercise of rights
Section 101(1)
a: by inserting in paragraph (a) licence spectrum
b: by inserting in paragraph (b) licence spectrum
c: by omitting from paragraph (b) 49(d)(iii) or section 50(c)(iii) of this Act 49(1)(j)
31: Compliance with unwanted emission limits
1: Section 102(1) licence spectrum
2: Section 102 subsection (2)
2: No rightholder, in exercising rights under section 99, may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the spectrum licence was registered.
32: Transmission other than in accordance with spectrum licence
1: Section 103 licence spectrum
2: Section 103 subsection (1)
1: Subject to subsection (3)
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person acting in accordance with a general user spectrum licence.
3: Section 103(3) licence spectrum
33: New section 104 substituted
The principal Act is amended by repealing section 104
104: Transmission under radio licence not affected
Nothing in section 103
a: a radio licence; or
b: an exemption exempting that transmission of radio waves from any requirement to be licensed, being an exemption granted by or under any regulations made under section 116(1)(c)
34: New section 105 substituted
The principal Act is amended by repealing section 105
105: Interference to receivers
For the purposes of any action in tort, it is declared that where a receiver is tuned to receive emissions from a transmitter operated by a rightholder in accordance with the rightholder's spectrum licence or by the holder of a radio licence in accordance with that radio licence, and that receiver is situated on land within the protection area of that licence, any harmful interference to the reception, by that receiver, of radio waves constitutes an interference with the enjoyment of land on which the receiver is situated.
35: New sections 106-109C substituted
The principal Act is amended by repealing sections 106 to 109
106: Definitions for sections 108-109C
1: For the purposes of sections 108 to 109C arbitral tribunal Arbitration Act 1996 claimant
a: the rightholder or holder of a radio licence claiming harmful interference in the protection area of the claimant's licence; or
b: the owner of a radionavigation receiver or a safety receiver claiming that harmful interference with reception by that receiver would endanger the functioning of a radionavigation service or other safety service respondent
2: Where a person holds a radio licence that does not specify an area as a protection area, that person may proceed as a claimant if there is harmful interference in the area that the person considers would be the protection area of the licence, and that area is the protection area for that radio licence until such time as the arbitral tribunal determines otherwise in accordance with section 109A(2)
3: Despite the lack of a radio licence or the lack of a protection area specified in that radio licence, where that radio licence is for a radionavigation or safety service, the owner of the radionavigation receiver or a safety receiver may proceed as a claimant if there is harmful interference with reception by that receiver that endangers the functioning of that radionavigation service or safety service.
107: Sections 106-109C apply where transmissions not commenced
Where a radio licence or a spectrum licence has been granted and registered but lawful transmissions have not commenced, and a rightholder or holder of a radio licence believes that lawful transmissions made in accordance with that licence are very likely to cause harmful interference in the protection area of that licence, the provisions of sections 106 to 109C
108: Notice of harmful interference
1: Where a respondent is lawfully transmitting radio waves under a registered spectrum licence or radio licence, and those transmissions cause or contribute to harmful interference in the protection area of another registered spectrum licence or radio licence, the claimant may serve on the respondent a notice concerning that interference.
2: Where both the claimant and the respondent are holders of radio licences and the provisions of subsections (3) to (7) sections 109 to 109C
3: Where the harmful interference which is the subject of the notice under subsection (1) sections 108 to 109A and section 109C
4: A notice given under subsection (1)
a: the nature of the harmful interference experienced; and
b: the alleged cause of the harmful interference and the manner in which the respondent is believed to have caused or contributed to the harmful interference; and
c: what action the claimant desires to be taken by the respondent to remedy the harmful interference; and
d: that the respondent has 10 working days following the receipt of the notice within which to take 1 of the actions referred to in subsection (5)
5: Every respondent who receives a notice properly given under subsection (1)
a: take the action to remedy the harmful interference specified in the notice; or
b: notify the claimant that in the respondent's opinion the respondent's transmissions have not caused or contributed to, or are not causing or contributing to, harmful interference to the claimant or that the action specified in the notice which the claimant wishes to be taken to remedy the harmful interference is not justified; or
c: agree with the claimant on a method of reaching an agreement to deal with the harmful interference; or
d: agree with the claimant to refer the matter to arbitration to be determined in accordance with the Arbitration Act 1996
6: If, within 10 working days of a notice being properly given under subsection (1)
a: the action specified in the notice has not been taken; and
b: the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action which is specified in the notice is justified; and
c: the claimant and the respondent have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration,— the claimant may, following the expiry of that 10-working day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109
7: Where the claimant and the respondent agree on a method of reaching an agreement to deal with the harmful interference under subsection (5)(c) subsection (1) section 109
109: Reference to arbitration by Secretary
1: Where the Secretary receives a request under section 108(6) or (7)
a: the alleged harmful interference is being caused in the protection area of a registered spectrum licence or radio licence; and
b: the transmissions allegedly causing or contributing to the harmful interference are being lawfully made under a registered spectrum licence or radio licence; and
c: there is prima facie evidence of harmful interference and that the harmful interference is being caused or contributed to by the respondent; and
d: a notice was properly given under section 108(1)
e: the time limits specified in section 108
f: the respondent has not taken the action specified in that notice,— the Secretary may refer the matter to arbitration and, except as provided in sections 109A and 109C Arbitration Act 1996
2: The reference by the Secretary may specify the matters that would otherwise be included in an arbitration agreement, and that reference is an arbitration agreement for the purposes of the Arbitration Act 1996
109A: Matters relevant to arbitration
1: Clause 28(4) of the First Schedule of the Arbitration Act 1996 section 108(5)(d) or section 109 of this Act
a: the costs and effects of possible alternative solutions; and
b: the technical compatibility between the claimant's receiver and the respondent's transmitter as determined by—
i: the nature and characteristics of the rights described in the claimant's licence and the respondent's licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 to the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: any relevant reference standards issued by the Secretary; and
c: which of the spectrum licences held by the parties to the dispute was registered first; and
d: the desirability of minimising disruption to existing services; and
e: the terms of the spectrum licences; and
f: any other matters prescribed by regulations made under this Act or that the arbitral tribunal considers relevant.
2: Unless a person proceeds as a claimant in accordance with section 106(3)
109B: Offence to transmit in breach of Secretary's direction
Every person who contravenes a direction given by the Secretary under section 108(3)
109C: Powers when deciding disputes
1: In addition to the powers given to the arbitral tribunal by section 12 of the Arbitration Act 1996
2: Where the arbitral tribunal directs that a spectrum licence or radio licence be modified or amended, then, despite any provision to the contrary in this Act or any spectrum licence, the manager or rightholder in the case of a spectrum licence, or the Secretary in the case of a radio licence, must modify or amend the licence as directed by the arbitral tribunal.
36: New Part heading and section 110 substituted
The principal Act is amended by repealing section 110
XIII: Radio licences
110: Part to apply to frequencies where no record of management rights registered
1: This Part applies to every radio frequency unless a record of management rights is registered under Part II
2: Where a record of management rights is registered under Part II
a: below the power floor specified for that record of management rights; or
b: if no power floor is specified in the record of management rights, below -50dbw.
3: This Part does not apply to—
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person in accordance with a general user spectrum licence.
37: New section 111 substituted
The principal Act is amended by repealing section 111
111: Granting of radio licences
1: For the purposes of this section, New Zealand ship
a: any New Zealand ship within the meaning of the Crimes Act 1961
b: any vessel for the time being registered in New Zealand as a ship under the Ship Registration Act 1992
2: The Secretary may, in accordance with regulations made under this Part, grant radio licences authorising the transmission of radio waves on the frequencies specified in the radio licence within the territorial limits of New Zealand, or from any New Zealand ship, or from any aircraft registered in New Zealand or providing protection from harmful interference from co-channel emissions.
3: In addition to the requirements of the regulations, every radio licence must be in such form and for such period, and contain such terms, conditions, and restrictions, as the Secretary thinks fit.
4: Every licence issued in accordance with regulations made under this Part includes a requirement that any person transmitting under that radio licence must comply with the First Schedule.
38: Secretary to have regard to Government policy
1: Section 112(1) 116(1)(c) 116(1)(a)
2: Section 112 of Communications
3: Section 112 licence radio
39: New section 113 substituted
The principal Act is amended by repealing section 113
113: Offences
Every person commits an offence under this Act who transmits radio waves, otherwise than—
a: under, or in conformity with, the terms and conditions of a radio licence issued under section 111
b: in accordance with regulations made under section 116(1)(c)
40: New section 114 substituted
The principal Act is amended by repealing section 114
114: Presumptions
1: For the purposes of section 113
2: Where a radio transmitter is temporarily inoperative or has been partially dismantled, that radio transmitter is deemed to be, and to remain, capable of transmitting radiocommunications unless the Secretary is satisfied that the transmitter has been rendered inoperative.
41: Regulations
Section 116 subsection (1)
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and for the terms and conditions subject to which any radio licences may be granted, transferred, suspended, or revoked:
b: providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, transferred, suspended, or revoked:
c: authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:
d: requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with the First Schedule
e: providing for the allocation of radio licences by competitive tender or auction, and for the payment of consideration to the Crown under any tender or auction:
f: providing for the making of applications for and the granting of radio licences, providing for the protection from harmful interference from co-channel emissions, and specifying the terms and conditions subject to which any radio licences may be granted, transferred, suspended, or revoked:
g: prescribing offences in respect of contraventions of any regulations made under this section.
42: Repeal of section 119
Section 119
43: Penalties
Section 128 subsection (2)
2: Where an offence is a continuing offence, a further fine of an amount not exceeding $1,000 for every day or part of a day during which the offence has continued may be imposed.
44: New sections 128A and 128B inserted
The principal Act is amended by inserting, after section 128
128A: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against for an alleged offence against section 128 of this Act Summary Proceedings Act 1957
b: be served with an infringement notice as provided for in section 128B
128B: Infringement notices
1: Where the Secretary or any person duly authorised by the Secretary observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Secretary or the authorised person.
2: An infringement notice may be served—
a: by attaching an infringement notice, or a copy of an infringement notice, to the equipment to which the notice relates; or
b: by delivering it personally to the person who appears to have committed the infringement offence; or
c: by sending it by post addressed to that person at that person's last known place of residence or business.
3: For the purposes of the Summary Proceedings Act 1957 subsection (2)(c)
4: Every 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:
b: the amount of the infringement fee for that offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
f: a statement that the person served with the notice has the right to request a hearing:
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:
h: such other particulars as are prescribed in regulations made under this Act.
5: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957
45: Approval of radio engineers
Section 130
a: by omitting from subsection (1) 25(2), 39(2), 40(3), 53(2), and 54(3) of this Act 25, 39, 40, and 57D
b: by omitting from subsection (2) 25(2), 39(2), 40(3), 53(2), and 54(3) of this Act 25, 39, 40, and 57D
46: New section 133A inserted
The principal Act is amended by inserting, after section 133
133A: Offence to disclose contents of radiocommunications
1: Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—
a: makes use of the radiocommunication or any information derived from that radiocommunication; or
b: reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or
c: discloses the existence of the radiocommunication.
2: Subsection (1)
a: by the Secretary for the purpose of ensuring compliance with this Act; or
b: by a member of the police, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or
c: by an officer or employee of—
i: the New Zealand Security Intelligence Service, for the purpose of obtaining intelligence relevant to security; or
ii: the Government Communications Security Bureau, for the purpose of obtaining foreign intelligence; or
d: by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990
e: by a person acting under, and in accordance with, any authority conferred on him or her by or under—
i: Part I of the Telecommunications Act 1987
ii: the New Zealand Security Intelligence Service Act 1969
iii: the Misuse of Drugs Amendment Act 1978
iv: the International Terrorism (Emergency Powers) Act 1987
3: For the purposes of this section,— foreign intelligence
a: any foreign state or group of foreign states; or
b: any foreign organisation; or
c: any foreign person foreign organisation
a: any company or body corporate that is incorporated outside New Zealand; or
b: any company within the meaning of the Companies Act 1955 Companies Act 1993 Companies Act 1955 Companies Act 1993
c: any unincorporated body of persons that carries on activities outside New Zealand (not being an unincorporated body of persons that is a New Zealand person under paragraph (a)(iii) New Zealand person section 2(1) of the Inspector-General of Intelligence and Security Act 1996 foreign person
a: a New Zealand citizen; nor
b: a person ordinarily resident in New Zealand ordinarily resident in New Zealand section 4 of the Crimes Act 1961 security section 2 of the New Zealand Security Intelligence Service Act 1969
4: Subsection (2) section 216A of the Crimes Act 1961
47: Regulations
1: Section 134(1) paragraph (d)
2: Section 134(1) paragraph (g)
g: providing for the prohibition or control of the installation, use, sale, distribution, or manufacture of interfering equipment or susceptible equipment, and for the compulsory recall by a supplier of such equipment or any equipment that does not comply with regulations made under this Act:
ga: prescribing search references for access to the Register:
gb: prescribing the persons or class of persons to whom information on the Register may be disclosed and the purposes for which the information may be disclosed:
gc: prescribing the matters to which an arbitral tribunal must have regard under section 109A
gd: prescribing the classes of persons who may intercept radiocommunications under section 133A .
3: Section 134(1) paragraph (j)
j: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section:
ja: prescribing those breaches of regulations made under paragraph (g)
jb: prescribing forms of infringement notices, and any other particulars to be contained in infringement notices, and prescribing the infringement fee (not exceeding $2,000) for each infringement offence. Different forms and different fees may be prescribed for different offences: .
48: Regulations prescribing fees
Section 135(1) providing for the method of payment of, or
49: Recovery of fees
1: Section 136(1) made under this Act , until paid in full, constitutes a debt to the Crown, and
2: Section 136
a: by inserting in subsection (1) Secretary or the Registrar
b: by inserting in subsection (2) Secretary or the Registrar
50: Application of
Commerce Act 1986
1: Section 138(1) licences spectrum
2: Section 138(2) paragraph (b)
3: Section 138(3) licence spectrum
51: Transitional rights in relation to frequencies in
Schedule 6 Section 162 subsection (1)
1A: For the purposes of this section and section 168, channel
52: Bodies specified in Schedule 7 entitled to licence
Section 170(4) of Broadcasting
53: Amendment of advertising restrictions, etc
Section 172 of Broadcasting
54: Amendments to principal Act
The principal Act is consequentially amended in the manner indicated in Schedule 1
55: New Schedule 1 substituted
The principal Act is amended by repealing the First Schedule First Schedule Schedule 2
56: Provisions relating to unregistered spectrum licences
If, at the commencement of this Act, a radio engineer's certificate has been executed, that certificate expires 3 months after the date of commencement of this Act.
57: Interference caused by lawful exercise of rights
If, before the commencement of this Act, a rightholder has given notice in accordance with section 107 109
58: Transitional provisions relating to power floors
1: Where a record of management rights registered in accordance with the principal Act was in force immediately before the commencement of this Act, the power floor applying to each frequency in that record of management rights is, unless modified in accordance with section 34B section 17
2: Every reference in the principal Act (as amended by this Act) to a power floor for those records of management rights to which subsection (1) section 34B section 17
3: Every application for a management right made before the commencement of this Act is deemed to include a power floor of -50dbw.
59: Spectrum licences registered in accordance with
Part 3
1: Where any licence was registered in accordance with Part 3 Part 3
2: Nothing in this Act authorises any manager to create any further spectrum licence in relation to any frequency within a record of management rights if the spectrum licence would contravene provisions relating to maximum permitted interfering signals or receive coverage location in a licence granted in accordance with Part 3
3: Where a licence granted in accordance with Part 3
4: A licence to which subsection (1) section 57B 57C section 25
5: If maximum permitted interfering signals specified in a licence granted in accordance with Part 3 sections 106 to 109A
60: Licences granted under
Part 13
1: Where any licence has been granted for the installation, operation, or use of radio apparatus in accordance with Part 13 section 140
a: the licence is deemed to include a requirement that persons transmitting in accordance with the licence comply with Schedule 1 section 55
b: the frequencies in the licence used to describe the radio apparatus are the frequencies on which the transmission of radio waves are authorised by the licence.
2: If a licence to which subsection (1)
61: Addition to
Schedule 2 Privacy Act 1993 Part 1 Privacy Act 1993 Motor Vehicle Securities Act 1989 Radiocommunications Act 1989 5 6 28
62: Transitional rights in relation to frequencies in
Schedule 6 Section 162(2) 48(b) 48
63: Transitional provisions in relation to frequencies in Schedule 7
Section 170 48(b) 48
64: Revocation of notices
The following notices are revoked:
a: the Radio Interference Notice 1958 (SR 1958/109)
b: the Radio (Television) Interference Notice 1961 (SR 1961/29)
c: the Radio Interference Notice 1985 (SR 1985/140)
d: the Radio Interference Notice 1988, published in the Gazette
e: the Exemptions of Radio Apparatus from Licensing Notice 1992, published in the Gazette
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DLM54921
|
2000
|
Citizenship Amendment Act 2000
|
1: Title
1: This Act is the Citizenship Amendment Act 2000.
2: In this Act, the Citizenship Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Citizenship by descent
1: Section 7(2) 2 4
2: Section 7
4: The citizenship of any New Zealand citizen by descent that has lapsed before the commencement of the Citizenship Amendment Act 2000 is reinstated with effect from the time it lapsed.
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DLM54930
|
2000
|
Customs and Excise Amendment Act 2000
|
1: Title
1: This Act is the Customs and Excise Amendment Act 2000.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
Except as provided in section 4(2)
3: Schedule 3 amended
1: The principal Act is amended by repealing so much of Schedule 3 Schedule
2: The following orders are consequentially revoked:
a: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 1999 (SR 1999/390)
b: Excise and Excise-Equivalent Duties (Tobacco Products) Modification Order 2000 (SR 2000/3)
4: Amendment to Customs and Excise Regulations 1996
1: Regulation 70(3) Customs and Excise Regulations 1996 paragraph (a)
aa: any tobacco products, that is, any goods specified in headings 24.02, 24.03, 99.60 and 99.65 of the Third Schedule of the Act
2: This section comes into force on 8 June 2000.
5: Transitional provision relating to minimum amount of duty collectable on tobacco products
1: For the period beginning on 10 May 2000 and ending with the close of 7 June 2000, where some or all goods referred to in subclauses (1) and (2) of regulation 70 Customs and Excise Regulations 1996 $50 $60
2: In subsection (1) tobacco products Schedule 3
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DLM54947
|
2000
|
Energy Efficiency and Conservation Act 2000
|
1: Title
This Act is the Energy Efficiency and Conservation Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
In this Act, unless the context otherwise requires,— Authority section 20 energy conservation energy efficiency environment Resource Management Act 1991 Minister publicly notify
a: in 1 or more daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
b: in the Gazette
c: on the Internet in an electronic form that is publicly accessible;— and public notification strategy transferred employee section 32 Section 3 environment amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to promote, in New Zealand, energy efficiency, energy conservation, and the use of renewable sources of energy.
6: Sustainability principles
In achieving the purpose of this Act, all persons exercising responsibilities, powers, or functions under it must take into account—
a: the health and safety of people and communities, and their social, economic, and cultural well-being; and
b: the need to maintain and enhance the quality of the environment; and
c: the reasonably foreseeable needs of future generations; and
d: the principles of the Treaty of Waitangi Ministerial responsibilities
7: Responsibilities of Minister
The Minister is responsible for—
a: developing the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy:
b: developing a national energy efficiency and conservation strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy, by—
i: providing information and advice; and
ii: fostering education programmes:
d: promoting practices and technologies that further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of such research, assessments, demonstrations, and studies as the Minister thinks fit:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing such relevant information, research, and other material as the Minister thinks fit. National energy efficiency and conservation strategy
8: Preparation and issue of initial strategy
The Minister must ensure that,—
a: on or before 1 April 2001, a draft strategy is prepared and publicly notified in accordance with section 15
b: on or before 1 October 2001, the strategy is issued under section 17
9: Ongoing obligation to ensure strategy in place
The Minister must ensure that, at all times after the initial strategy referred to in section 8 section 12(1) Contents and term of strategy
10: Purpose and contents of strategy
1: The purpose of a strategy is to give effect to the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy.
2: The strategy must state—
a: the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
b: the objectives to be pursued to achieve the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
c: targets to achieve those policies and objectives, being targets that are measurable, reasonable, practicable, and considered appropriate by the Minister; and
d: means by which those policies and objectives, and any such targets, are to be achieved; and
e: such other matters as may be necessary to achieve the purpose of this Act.
11: Consistency with national policy statements
A strategy must be consistent with any national policy statement for the time being in force under the Resource Management Act 1991 Section 11 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
12: Term of strategy
1: Subject to subsection (4), a strategy comes into force on the day after the date on which it is first published under section 17
2: The Minister must, at least 6 months before the end of the term of a strategy, determine whether or not the strategy needs to be replaced by a new strategy.
3: If the Minister determines that the strategy should be replaced, the Minister must, as soon as practicable,—
a: give public notification that the determination has been made; and
b: ensure that a replacement strategy is prepared and issued in accordance with the procedure specified in sections 13 to 17
4: If the Minister determines that the strategy does not need to be replaced, the strategy continues in force for a term of 5 years beginning with the expiry of the immediately preceding term of the strategy. Procedure for implementing strategy
13: Preparation of draft strategy
1: The Minister may direct the Authority—
a: to prepare a draft strategy for approval by the Minister; and
b: in preparing the draft strategy, to seek, from the persons listed in subsection (2), comments on the matters to be provided for in the strategy.
2: In preparing a draft strategy, the Minister or, if a direction is given to the Authority under subsection (1), the Authority must seek comments from—
a: such representatives, as the Minister or the Authority, as the case may require, considers appropriate, of—
i: industry and commerce:
ii: environmental and community organisations:
iii: Maori organisations:
iv: local authorities; and
b: the Parliamentary Commissioner for the Environment.
3: The Minister or the Authority, as the case may require, may seek comments from any other person.
14: Approval of draft strategy by Minister if draft prepared by Authority
1: If a direction is given to the Authority under section 13(1)
2: The Minister may, before approving the draft strategy, require the Authority to make such changes to the draft strategy as the Minister considers appropriate.
15: Public notice of draft strategy
1: After considering any comments received under section 13 section 14
a: is publicly notified; and
b: is available for inspection by any person at such places as the Minister considers appropriate.
2: A notice published under subsection (1)(a) must—
a: give reasonable notice of the contents of the draft strategy; and
b: specify the places at which, and the times at which, the draft strategy may be inspected; and
c: state that submissions on the draft strategy may be made to the Authority; and
d: state how submissions may be made; and
e: specify the date by which submissions must be received.
16: Submissions on draft strategy
1: Any person may make a submission on a draft strategy.
2: Every such submission must be in writing.
3: A submission on the draft strategy must be received by the Authority no later than the date specified in the public notice given under section 15
4: The Authority 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 received in accordance with subsections (2) and (3).
17: Publication of strategy
1: The Minister must consider the report and recommendations made under section 16
2: After considering the report and recommendations, the Minister must—
a: provide every person who made a submission with a summary of the recommendations and of the Minister's decision on the recommendations; and
b: make the strategy available for public inspection at such places as the Minister considers appropriate; and
c: give public notification of the issue of the strategy (which notification must give reasonable notice of the contents of the strategy, incorporating any changes made under this section), and of the places at which it is available for inspection. Replacing or amending strategy
18: Replacement strategy
1: Despite section 12
2: In preparing a draft replacement strategy, the Minister must follow the procedure specified in sections 13 to 17
3: Despite section 12(1)
19: Amendments to strategy
1: The Minister may from time to time make amendments of a minor nature to a current strategy.
2: Before the Minister makes amendments to a current strategy under subsection (1), the Authority must consult with such persons as the Minister considers appropriate, including (without limitation) the persons specified in section 13(2)
3: The Minister must, in accordance with section 15
4: Nothing in this section or section 15 Energy Efficiency and Conservation Authority
20: Energy Efficiency and Conservation Authority
1: This section establishes the Energy Efficiency and Conservation Authority.
2: The Authority is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 20(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
21: Functions
1: The function of the Authority is to encourage, promote, and support energy efficiency, energy conservation, and the use of renewable sources of energy by—
a: advising the Minister on any matter relating to or affecting—
i: energy efficiency and conservation, and the use of renewable sources of energy in New Zealand; or
ii: the functions of the Authority:
b: assisting the Minister to prepare and administer a strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy:
d: promoting practices and technologies to further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of research, assessments, demonstrations, and studies:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing relevant information, research, and other material:
h: carrying out such other functions and duties as are conferred or imposed on it by any enactment.
2: The Authority must perform its functions to achieve the purpose of this Act, and in accordance with the strategy for the time being in force.
3: Subsection (2) does not limit section 14(2) Section 21(3) added 25 January 2005 section 200 Crown Entities Act 2004
22: Powers
1:
2: The Authority may
a:
b:
c:
d:
3: This section does not limit sections 16 17 Section 22(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)(d) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
23: Authority to comply with Government policy and Minister's directions
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Membership of Authority
1: The board of the Authority consists of no fewer than 6, and no more than 8, members.
2: Before appointing a member of the Authority, the Minister must publicly invite nominations of persons who wish to be appointed as members of the Authority.
3:
4: Section 24(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 24(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 24(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Eligibility for appointment as member of Authority
1: The Minister must, in appointing a member of the Authority, have regard to the need for members to have between them a balanced mix of knowledge and experience in matters relevant to the functions of the Authority.
2: Knowledge and experience that is relevant includes knowledge of and experience in—
a: the energy sector:
b: the environment:
c: community organisations:
d: commerce, marketing, and communications:
e: governance and public sector management:
f: science and technology.
3: This section does not limit section 29 Section 25(3) added 25 January 2005 section 200 Crown Entities Act 2004
26: Resignation from office
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Appointment of chairperson and deputy chairperson
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Exercise of chairperson's functions, powers, and duties by deputy chairperson
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Authority deemed to be public authority
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Annual report on performance
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Further provisions applying to Authority
The provisions in the Schedule
32: Transfer of employees
1: Where the chief executive of the Ministry of Economic Development finds, in respect of any duties being carried out by the ministry, that those duties are no longer to be carried out by the ministry and are to be carried out (in whole or in part) by the Authority, the chief executive of the ministry and the Authority may agree to the transfer, from that ministry to the Authority, of all or any of the employees of the ministry who are carrying out those duties.
2: Before transferring an employee under subsection (1), the Authority and the chief executive of the ministry must consult with the employee about the proposed transfer.
3: Subsection (1) is subject to subsection (2).
4: The power conferred by this section to transfer an employee is subject to the employment contract applying to that employee.
33: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before his or her transfer.
2: Subsection (1) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the Authority.
34: Continuity of employment
Every transferred employee becomes, on his or her transfer, an employee of the Authority, but, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of each such employee,—
a: the contract of employment of that employee is deemed to have been unbroken; and
b: the employee's period of service with the ministry, and every other period of service of the employee that is recognised by the ministry as continuous service, is deemed to have been a period of service with the Authority.
35: No compensation for technical redundancy
1: No transferred employee is entitled to any compensation for redundancy or any severance payment solely on the ground that—
a: the position held by the person in the Ministry of Economic Development has ceased to exist; or
b: the person has ceased to be an employee of the Ministry of Economic Development.
2: This section applies despite section 32(4) Regulations
36: Regulations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing minimum energy performance standards for energy-using products and services, including all vehicles:
b: prescribing requirements in relation to the labelling of products, including all vehicles, in terms of their energy efficiency or proficiency in conserving energy:
ba: prescribing requirements in relation to the labelling of vehicles in terms of their carbon dioxide emissions and any financial rebates receivable or charges payable relating to those emissions:
c: requiring specified classes of persons to provide, on the request of the Authority, evidence in the specified form that a minimum energy performance standard prescribed under paragraph (a) has been complied with:
d: prescribing, for the purposes of paragraphs (a) to (c), the form and manner of testing or verifying the energy performance of energy-using products and services, including vehicles:
e: requiring, for the purposes of paragraphs (a) to (c), specified classes of persons to certify, in the prescribed form and manner, as to the energy performance of energy-using products and services, including vehicles:
f: requiring specified classes of persons to supply prescribed information to the Authority for the purpose of compiling statistics on energy efficiency, energy conservation, and the use of renewable sources of energy:
g: prescribing offences in respect of the contravention of, or non-compliance with, any provision of any regulations made under this section:
h: prescribing the amount of the fines that may be imposed in respect of any offences against any regulation made under this section, which fines must be an amount not exceeding $10,000.
2: Before making regulations under this section, the Minister must—
a: publicly notify the proposal to make the regulations; and
b: give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposed regulations; and
c: consult with such persons as the Minister in each case considers appropriate.
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 36(1)(ba) inserted 23 February 2022 section 24 Land Transport (Clean Vehicles) Amendment Act 2022 Section 36(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Incorporation of material by reference
Section 37 repealed 30 May 2017 section 140 Regulatory Systems (Commercial Matters) Amendment Act 2017
38: Confidentiality of information
1: This section applies to information supplied to the Authority in accordance with regulations made under section 36(1)(f)
2: The information may be used only for statistical purposes.
3: Subject to subsection (5), no person, other than an employee of the Authority, may be permitted to see information that relates to a particular person, except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
4: Except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
a: may be disclosed only to—
i: an employee of the Authority; or
ii: a person to whom the information relates; and
b: may be published only in accordance with subsection (5).
5: The Authority may publish statistical information only if it is arranged in such a manner as to prevent any information published from being identifiable by any person (other than the person who supplied the information) as information relating to a particular person, unless—
a: that person has consented to the publication of the information in that manner, or has already permitted its publication in that manner; or
b: the publication of the information in that manner could not reasonably have been foreseen by the Authority or any employee of the Authority.
5A: Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022
6: Nothing in the Official Information Act 1982 Privacy Act 2020 Section 38(5A) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 38(6) amended 1 December 2020 section 217 Privacy Act 2020
39: Offence
Every person commits an offence and is liable on section 38 Section 39 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Related amendments to other Acts Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Amendment to Ombudsmen Act 1975
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Amendment to Official Information Act 1982
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Amendment to Public Finance Act 1989
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004
|
DLM55828
|
2000
|
Tariff (Zero Duty Removal) Amendment Act 2000
|
1: Title
1: This Act is the Tariff (Zero Duty Removal) Amendment Act 2000.
2: In this Act, the Tariff Act 1988 the principal Act
2: Commencement
This Act comes into force on 1 June 2000.
3: Repeal of provisions relating to removal and reductions of tariff duties
1: The principal Act is amended by repealing sections 3A 3B
2: The principal Act is consequentially amended—
a: by omitting from section 2 , subject to sections 3A and 3B
b: by omitting from section 3 (but subject to sections 3A and 3B
c: by omitting note A1 from the beginning of Schedule 1
4: Repeal of
Tariff (Zero Duty) Amendment Act 1998 The Tariff (Zero Duty) Amendment Act 1998
5: Cancellation of future reductions in duty by Order in Council
Nothing in section 9(2)
a: the reduction or removal of duty—
i: is specified in an Order in Council; and
ii: has not yet taken effect; and
b: the Governor-General is satisfied that the reduction or removal of duty was made to give effect to sections 3A 3B section 3
|
DLM55839
|
2000
|
Parliamentary Service Act 2000
|
1: Title
This Act is the Parliamentary Service Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
1: Preliminary provisions
Interpretation Heading inserted 1 January 2011 section 4 Parliamentary Service Amendment Act 2010
3: Interpretation
In this Act, unless the context otherwise requires,— Bowen House lease the lease
a: the building known as Bowen House situated on the corner of Lambton Quay and Bowen Street in Wellington; or
b: any land adjoining that building Chief Executive department section 5 Deputy Speaker
a: the Deputy Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Deputy Speaker at the time of the dissolution or expiry of the Parliament election advertisement section 3A section 5 electioneering
a: a communication of the kind described in section 3B(2)(a)
b: an advertisement of the kind described in section 3B(2)(b)
c: an advertisement of the kind described in section 3B(2)(c) funding entitlements for parliamentary purposes section 3B government initiated referendum Leader of the House Parliamentary Corporation Corporation section 27 parliamentary precincts
a: the land described in Schedule 3
b: land and premises that are subject to the Bowen House lease:
c: any other land or premises added to the parliamentary precincts by a resolution of the House of Representatives under section 25 Parliamentary Service Service section 6 Parliamentary Service Commission Commission section 13 public service section 10 qualifying electoral candidate section 5 recognised party referendum advertisement regulated period section 3B(2) and (3) section 5 regulated period Remuneration Authority section 5 review committee section 20 Speaker
a: the Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the close of any polling day at a general election and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Speaker of the House of Representatives on that day support services Section 3 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 department amended 7 August 2020 section 135 Public Service Act 2020 Section 3 election advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 electioneering inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 funding entitlements for parliamentary purposes inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 government initiated referendum inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 public service replaced 7 August 2020 section 135 Public Service Act 2020 Section 3 qualifying electoral candidate inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013 Section 3 referendum advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 Remuneration Authority inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013
3A: Meaning of publish in sections 3B and 3C
In sections 3B 3C publish
a: including—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding addressing 1 or more persons face to face. Section 3A inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3B: Meaning of funding entitlements for parliamentary purposes
1: In this Act, unless the context otherwise requires, funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party of its role and functions as a recognised party:
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: However, funding entitlements for parliamentary purposes
a: any communication that explicitly—
i: seeks or discourages support for the election of a particular person or people; or
ii: seeks or discourages support for the casting of a party vote for a particular political party or political parties; or
iii: encourages a person to become or discourages a person from becoming a member of a particular political party or political parties; or
iv: solicits subscriptions or other financial support; or
v: seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993
vi: seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government initiated referendum; or
b: an election advertisement published during the regulated period in relation to a general election, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
c: a referendum advertisement published during the regulated period in relation to a government initiated referendum, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
d: the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 34 relations programme
3: Subsection (2)(b) and (c) are subject to section 3C Section 3B inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010 Section 3B(1)(c) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(d) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(e) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(f) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)(g) inserted 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(a) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)(d) amended 16 December 2013 section 49(2)(b) Members of Parliament (Remuneration and Services) Act 2013
3C: Apportionment of funding for election advertisement or referendum advertisement published both before and during regulated period
1: This section applies if—
a: an election advertisement is published—
i: before the regulated period in relation to a general election and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a general election; or
b: a referendum advertisement is published—
i: before the regulated period in relation to a government initiated referendum and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a government initiated referendum.
2: If this section applies,—
a: the expenses for the publication of the advertisement must be apportioned so that only a fair proportion of the expenses is attributed to the publication of the advertisement during the regulated period; and
b: only expenses attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a) are excluded from funding entitlements for parliamentary purposes under section 3B(2)(b) and (c)
c: expenditure under Vote Parliamentary Service in respect of the publication of the advertisement is invalid only to the extent, and from the date, that expenses are attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a). Section 3C inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3D: Opinion given by Electoral Commission may be taken into account in determining whether advertisement is election advertisement
An opinion given to any person by the Electoral Commission under section 204I(3) section 7 section 3B(2)(b) Section 3D inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
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 sections 3B 3C Section 3E replaced 16 December 2013 section 50 Members of Parliament (Remuneration and Services) Act 2013 Purposes Heading inserted 1 January 2011 section 7 Parliamentary Service Amendment Act 2010
4: Purposes of this Act
The purposes of this Act are as follows:
a: to establish mechanisms for providing services and funding entitlements for parliamentary purposes:
b: to provide for the governance arrangements of the Parliamentary Service, in particular, by making the Chief Executive
c: to reconstitute the Parliamentary Service Commission as a policy body:
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:
e: to provide for the ownership and control of land and other assets held for parliamentary purposes. Section 4(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 4(d) replaced 16 December 2013 section 51 Members of Parliament (Remuneration and Services) Act 2013
5: Act to bind the Crown
This Act binds the Crown.
2: Delivery of services and funding entitlements for House of Representatives and its members
Parliamentary Service
6: Parliamentary Service
1: There continues to be a service called the Parliamentary Service.
2: The Parliamentary Service is not an instrument of the executive government.
3: The Parliamentary Service is the same service as that established by section 3 of the Parliamentary Service Act 1985 1985 No 128 s 3
7: Principal duties of Parliamentary Service
The principal duties of the Parliamentary Service are—
a: to provide administrative and support services to the House of Representatives and to members of Parliament; and
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. 1985 No 128 s 4(1) Section 7(b) replaced 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(c) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(d) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013
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) Section 8 replaced 16 December 2013 section 53 Members of Parliament (Remuneration and Services) Act 2013
9: Other functions of Parliamentary Service
1: The Parliamentary Service may, with the approval of the Speaker, provide administrative and support services for the following persons and agencies:
a: any officer of the House of Representatives:
b: any officer of Parliament:
c: any office of Parliament:
d: any department or other instrument of the Crown.
2: The Service has any other function, power, and duty that is conferred or imposed on it by or under an enactment.
3: This Act does not limit the provision to the House of Representatives or to members of Parliament of administrative and support services by any other department or other instrument of the Crown. 1985 No 128 s 4
9A: Application of section 9C to electoral candidates
Section 9A repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9B: Speaker may give directions for provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9B repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9C: Provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9C repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9D: Speaker to take into account advice and recommendations of Commission
Section 9D repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013 Chief Executive Heading amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Chief Executive The Chief Executive 1985 No 128 s 28 Section 10 heading amended 24 October 2019 section 104(1) Statutes Amendment Act 2019 Section 10 amended 24 October 2019 section 104(2) section 105 Statutes Amendment Act 2019
11: Principal responsibilities of
Chief Executive
1: The Chief Executive
a: the carrying out of the duties and functions of the Parliamentary Service:
b: the tendering of advice to the Speaker and to the Parliamentary Service Commission:
c: the general conduct of the Service:
d: the efficient, effective, and economical management of the activities of the Service.
2: In addition to the responsibilities in subsection (1), the Chief Executive
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the Chief Executive
3: The Chief Executive 1988 No 20 s 32 Section 11 heading amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(3) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Further provisions relating to Parliamentary Service
12: Further provisions relating to Parliamentary Service
Schedule 1
3: Policy relating to parliamentary resources and services
Parliamentary Service Commission
13: Parliamentary Service Commission
There is a commission called the Parliamentary Service Commission. 1985 No 128 s 5
14: Functions of Parliamentary Service Commission
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 recommend to the Speaker persons who are suitable to be members of a review committee.
2: The Commission may at any time require the Speaker or the Chief Executive
3: The Commission has any other function or power conferred on it by or under any enactment.
4: The Commission does not have a role in relation to—
a: business transacted at meetings of the House of Representatives or meetings of committees of the House of Representatives; or
b: any other proceedings in Parliament ; or
c: any matter for which the Clerk of the House of Representatives has responsibility. 1985 No 128 s 6(2), (4), (5) Section 14(1) replaced 16 December 2013 section 56(1) Members of Parliament (Remuneration and Services) Act 2013 Section 14(1)(c) replaced 17 December 2016 section 75 Statutes Amendment Act 2016 Section 14(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 14(4)(b) amended 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013 Section 14(4)(c) inserted 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013
15: Membership of Commission during term of Parliament
1: During the term of each Parliament, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a member of Parliament nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a member of Parliament nominated from time to time by the Leader of the Opposition:
d: such number of members of Parliament as are appointed from time to time by resolution of the House of Representatives, that number to be determined in accordance with subsection (2).
2: The number of members to be appointed under subsection (1)(d) is to be determined as follows:
a: one member for each recognised party that is represented in the House of Representatives by 1 or more members; and
b: an additional member for each recognised party that—
i: is represented in the House of Representatives by 30 or more members; and
ii: does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition.
3: No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed under subsection (1)(d) as a member of the Commission.
4: No person may be appointed under subsection (1)(d) unless the person is a member of the recognised party in respect of which the appointment is made.
5: Past service on the Commission is no bar to nomination or appointment as a member of the Commission.
6: To avoid any doubt, every member of Parliament who acts as a member of the Commission is, in so acting, acting in his or her official capacity as a member of Parliament. 1985 No 128 s 7 1996 No 46 s 7(4)
16: Chairperson of Commission
1: The Speaker is the chairperson of the Parliamentary Service Commission.
2: When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Commission.
17: Vacation of office by nominated or appointed members
1: A member of the Parliamentary Service Commission who holds office because of a nomination under section 15(1)(b) or (c)
a: the person by whom that member was nominated revokes the nomination of that member or nominates, instead of that member, another member of Parliament:
b: Parliament is dissolved or expires:
c: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
2: A member of the Commission who holds office under section 15(1)(d)
a: the House of Representatives rescinds the resolution by which the member was appointed or resolves to appoint to the Commission, instead of that member, another member of Parliament:
b: the member is appointed as a Minister of the Crown or as a Parliamentary Under-Secretary:
c: Parliament is dissolved or expires:
d: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
3: A member of the Commission who holds office because of a nomination or an appointment may, by written notice to the chairperson of the Commission, resign the office at any time. 1985 No 128 s 8
18: Membership of Parliamentary Service Commission between Parliaments
1: Throughout each period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election of its members, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a person nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a person nominated from time to time by the Leader of the Opposition.
2: No person may be nominated under subsection (1)(b) or (c) unless the person is a member of Parliament or was, at the dissolution or expiry of the Parliament, a member of Parliament.
3: The Speaker continues to be the chairperson of the Commission throughout the period specified in subsection (1). 1985 No 128 s 10
19: Further provisions relating to Commission
Schedule 2 Review committee
20: Establishment of committee to review
annual
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.
2: No person appointed to the review committee may be a member of Parliament or an officer or employee of the Parliamentary Service.
3: Before appointing a person to the review committee, the Speaker must—
a: consult with the Parliamentary Service Commission about the proposed appointment; and
b: take into account any relevant recommendation made by the Commission under section 14(1)(c)
4: The Speaker may appoint persons to the review committee on any terms and conditions, including terms and conditions as to remuneration and travelling allowances, that the Speaker considers appropriate. Section 20 heading amended 16 December 2013 section 57(1) Members of Parliament (Remuneration and Services) Act 2013 Section 20(1) replaced 16 December 2013 section 57(2) Members of Parliament (Remuneration and Services) Act 2013
21: Work of review committee
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.
2: The review committee may, subject to any written direction by the Speaker, regulate its own procedure. Section 21 replaced 16 December 2013 section 58 Members of Parliament (Remuneration and Services) Act 2013
22: Report by committee
1: The review committee must—
a: set out in a report the details of its review and the conclusions reached and recommendations formulated as a result of the review; and
b: submit the report to the Speaker within 3 months after the date on which the review committee is established, or within any further time the Speaker allows.
2: Before submitting its report to the Speaker, the review committee must consult with the Parliamentary Service Commission by seeking—
a: the views of the Commission on the matters to be included in the review committee's report; and
b: the comments of the Commission on any preliminary assessments or recommendations that the review committee proposes to include in the report.
3: The Speaker must present the report to the House of Representatives not later than 6 sitting days after the date on which the review committee submits its report to the Speaker.
4: Land and other assets held for parliamentary purposes
Parliamentary precincts
23: Parliament grounds
The land described in Schedule 3
a: to be vested in fee simple in Her Majesty the Queen for parliamentary purposes; and
b: to be held under the Public Works Act 1981
24: Leased premises in Bowen House
1: On the commencement of this Act, the interests, licences, and rights of the Parliamentary Service Commission under the Bowen House lease cease to be vested in the Parliamentary Service Commission, and vest instead in the Parliamentary Corporation.
2: No person is entitled to terminate, alter, or otherwise affect in any way the interests, licences, and rights vested in the Parliamentary Corporation by subsection (1), simply because of the vesting under that subsection.
3: The Chief Executive Chief Executive’s
4: As long as any land or premises that are subject to the lease continue to be part of the parliamentary precincts, any person may send to the Chief Executive Chief Executive Chief Executive’s Section 24(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 24(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019
25: House of Representatives may add land to parliamentary precincts
1: The House of Representatives may from time to time, by resolution,—
a: add any land or premises to the parliamentary precincts; or
b: exclude from the parliamentary precincts any land or premises that are part of the parliamentary precincts by virtue of this Act.
2: The House of Representatives may at any time revoke, vary, or modify a resolution under subsection (1).
3: No land or premises may be added under this section to the parliamentary precincts unless the Crown or the Parliamentary Corporation holds, on the date on which the resolution takes effect, an interest in the land or premises.
4: A resolution under subsection (1) or (2) is secondary legislation ( see Part 3
5: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 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 LA19 s 115 This note is not part of the Act. Section 25(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Parliamentary precincts under control of Speaker
1: The control and administration of the whole of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives, whether Parliament is in session or not.
2: The Speaker and every person authorised by the Speaker for the purpose has and may exercise, in respect of every part of the parliamentary precincts, all the powers of an occupier under the Trespass Act 1980 Parliamentary Corporation
27: Parliamentary Corporation
1: There is a corporation called the Parliamentary Corporation.
2: The Parliamentary Corporation is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3: The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions.
4: Subsection (2) is subject to section 31
28: Functions of Parliamentary Corporation
The Parliamentary Corporation has the following functions:
a: to facilitate transactions relevant to the duties of the Parliamentary Service:
b: to acquire, hold, and dispose of interests in land and other assets for parliamentary purposes.
29: Membership of Parliamentary Corporation
1: The Parliamentary Corporation consists of the following:
a: the Speaker:
b: the Chief Executive
c: 2 members of the Parliamentary Service Commission (other than the Speaker) appointed by the Commission.
2: A member of the Corporation who holds office under subsection (1)(c) ceases to be a member if one of the following events occurs:
a: the Parliamentary Service Commission revokes the appointment of the member or appoints, instead of that member, another person:
b: the member ceases to be a member of the Parliamentary Service Commission.
3: Despite subsection (2)(b), a member of the Corporation who holds office under subsection (1)(c) immediately before the dissolution or expiry of Parliament continues to hold office until the first meeting of the House of Representatives after the general election of its members.
4: A member of the Corporation who holds office under subsection (1)(c) may, by written notice to the chairperson of the Corporation, resign the office at any time. Section 29(1)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019
30: Specific powers of Parliamentary Corporation
1: For the purpose of performing its functions, the Parliamentary Corporation may do any or all of the following:
a: enter into deeds, contracts, or arrangements—
i: to purchase, take on lease, sub-lease, licence, or sub-licence any land or buildings or parts of buildings, or to acquire any other interest in land, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
ii: to sell, transfer, assign, or otherwise dispose of any lease, or other interest in land or buildings or parts of buildings, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
iii: to erect, alter, rebuild, or add to any building:
iv: to develop or improve any land:
v: to instal partitioning in any building or part of a building:
vi: to fit out any building or part of a building:
b: grant leases, tenancies, sub-leases, licences, or sub-licences over land or buildings or parts of buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over such land or buildings, and accept surrenders or partial surrenders of interests granted by the Corporation:
c: incur other obligations relevant to the duties and functions of the Parliamentary Service.
2: This section does not limit the generality of section 27 1985 No 128 s 6A
31: No borrowing power
The Parliamentary Corporation has no power to borrow money.
32: Further provisions relating to Parliamentary Corporation
Schedule 4
5: Miscellaneous provisions
Exercise of Speaker's powers
33: Deputy Speaker may act as Speaker
When there is a vacancy in the office of Speaker or when the Speaker is (for whatever reason) absent from duty, the functions, duties, and powers of the Speaker under this Act or the Public Finance Act 1989
34: Delegation of powers by Speaker
1: The Speaker may delegate to a specified person any function, duty, or power (other than this power of delegation) that the Speaker has under this Act.
2: A delegation must be in writing and signed by the Speaker.
3: A delegate must exercise or perform functions, duties, or powers—
a: in accordance with any condition attaching to the delegation and any general or special direction given by the Speaker; but
b: otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
4: Every person purporting to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
35: Status of delegations
1: The Speaker is not prevented from exercising or performing any function, duty, or power delegated under section 34
2: The Speaker may revoke a delegation at any time by written notice to the delegate.
3: A delegation continues in force according to its tenor until it is revoked.
4: If the person who made the delegation ceases to hold office as Speaker, the delegation continues to have effect as if made,—
a: until the election of the next Speaker, by the Deputy Speaker; and
b: after that election, by the next Speaker. Recovery of amounts paid made outside entitlements Heading inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010
35A: Recovery of amounts paid outside entitlements to funding for parliamentary purposes
1: This section applies if the Parliamentary Service makes a payment against a claim to an entitlement to funding for parliamentary purposes and it is subsequently determined that the person or recognised party in respect of whom the payment was made did not have an entitlement to that funding under section 3B
2: If this section applies, the Parliamentary Service may recover from the person or recognised party, as a debt due to the Parliamentary Service, the amount paid. Section 35A inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010 Amendments to other Acts
36: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
37: Amendment to Higher Salaries Commission Act 1977
Amendment(s) incorporated in the Act(s)
38: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
39: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Repeals
40: Repeals
1: The enactments specified in Schedule 5
2: Without limiting the provisions of the Interpretation Act 1999 Parliamentary Service Amendment Act 1991 section 9 of that Act
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DLM56394
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2000
|
Fisheries Amendment Act 2000
|
1: Title
This Act is the Fisheries Amendment Act 2000.
2: Commencement
1: Except as provided in subsection (2)
2: Section 31
1: Amendments to
Fisheries Act 1996
3: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
4: Purpose of this Part
The purpose of this Part is—
a: to provide for a process for the introduction into the quota management system of, and allocation of quota for, the stocks listed in Schedule 4
b: to introduce freshwater eel in the South Island into the quota management system.
5: Interpretation
Section 2(1) fishing year paragraph (a)
aa: in relation to freshwater eel subject to an Order in Council under section 369L(1) .
6: Notification of eligibility to receive provisional catch history
Section 35 subsections (6) (7)
6: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G subsection (1)
7: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement
Section 39 subsections (2) (3)
2: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G
8: Commission entitled to 20 percent of total new quota
1: Section 44(2) Every Subject to subsection (3)
2: Section 44
3: Every allocation under subsection (1) section 50A
a: the chief executive determines, under section 50E
b: the holdings of quota shares of persons other than the Crown are reduced proportionately and transferred to the Crown under section 50F
9: Allocation of quota on basis of provisional catch history
Section 47(1) Not less than 20 working days Subject to sections 50A to 50G
10: Notification of allocation of quota
Section 48 subsection (2)
2: This section is subject to section 50C
11: New heading and
sections 50A to 50G The principal Act is amended by inserting, after section 50 Special provisions relating to allocation of quota for certain Fourth Schedule stocks
50A: Notification of allocation of provisional catch history
1: This section applies to a stock to which section 35(6) or section 39(2)
2: As soon as practicable after the chief executive makes the determination referred to in section 35(6) or section 39(2)
a: section 35(1) to (5) and section 36
b: section 41
3: In this section, South Island freshwater eel Part 2 of the Fisheries Amendment Act 2000
50B: Allocation of quota on basis of provisional catch history
1: As soon as practicable after the relevant date referred to in section 36(3) section 41(2) section 50A
2: The amount of quota allocated to a person under subsection (1)
a: must be expressed as shares; and
b: subject to section 43
i: the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock; or
ii: the number of shares that bears the same proportion to 100 000 000 shares of quota for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock.
3: If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person is provisional individual transferable quota.
4: Except as provided in subsection (3)
5: On and from the date of allocation of quota under this section, provisional catch history is conclusive and is permanently fixed for all purposes if the provisional catch history is—
a: held by a person who is allocated individual transferable quota under subsection (1)
b: registered in that person's name on the date of allocation.
6: Quota allocated under this section has effect only for the purposes of sections 50C to 50G
50C: Notification of allocation of quota
As soon as practicable after making an allocation of quota under section 50B
a: the matters specified in paragraphs (a) to (d) of section 48
b: that the person may sell individual transferable quota for the stock to the Crown under section 50D
50D: Quota holders may offer individual transferable quota to the Crown
1: No later than 10 working days after the date of the notice referred to in section 50C section 50A
2: The chief executive may not—
a: pay a sum in consideration for the transfer that is equivalent to a rate per quota share that exceeds the rate specified for the species in Schedule 4A
b: accept the transfer if the unencumbered quota that would be held by the Crown (excluding any quota held as a result of a dispute under section 38
50E: Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners
1: As soon as practicable after the close of the 10-working day period referred to in section 50D(1) section 38
2: If the chief executive determines that the number of unencumbered quota shares that are held either by persons other than the Crown or by the Crown as a result of a dispute under section 38 section 50B
a: that a determination has been made under this section; and
b: of the amount of the person's holding of quota for that stock as at the date on which the notification is given.
3: For the purposes of this Act, a notification under subsection (2) section 47(1)(b)
50F: Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners
1: If the chief executive determines, under section 50E(1) section 38 subsection (2)
a: to be transferred from each person to the Crown; and
b: by which each person's holding of quota for the stock will be reduced.
2: The number of quota shares by which a person's holding of quota must be reduced and which must be transferred to the Crown under subsection (1) (a - 80 000 000) x b — a where—
a: is the total number of quota shares for the stock held either by persons other than the Crown or by the Crown as a result of a dispute under section 38
b: is the number of quota shares for the stock held by the person.
3: All quota transferred to the Crown under this section is transferred to the Crown as individual transferable quota, whether the quota was allocated to the person as individual transferable quota or as provisional individual transferable quota.
4: As soon as practicable after a person's holding of quota is reduced under this section, the chief executive must notify the person of—
a: the amount of the reduction; and
b: the amount of the person's holding of quota for that stock following the reduction.
5: For the purposes of this Act, the notification under subsection (4)(b) section 47(1)(b)
50G: Compensation for reduction of quota
1: Every person whose holding of quota for a stock is reduced under section 50F Schedule 4A
2: The Crown is not liable to pay to any person whose holding of quota is reduced under section 50F subsection (1)
3: Compensation payable to a person under subsection (1)
12: Calculation of entitlement to quota following appeal
1: Section 53(2) of this section or subsection (3)
2: Section 53
3: Despite subsection (1) section 52 Fourth Schedule
a: the number of shares the quota weight equivalent of which is equivalent to that person's revised provisional catch history for the stock; or
b: the number of shares calculated in accordance with the following formula: a x 80 000 000 —————————————— b - (c x d÷e) where—
a: is the person's revised provisional catch history
b: is the total revised provisional catch history held by persons eligible to receive quota for the stock
c: is the total number of quota shares transferred by quota holders to the Crown under section 50D
d: is the total provisional catch history held at the time of the allocations under section 50B
e: is the lesser of—
i: d:
ii: the total allowable commercial catch at the time of the allocations under section 50B
13: Transitional offences and penalties
Section 361(1)
a: by inserting, after the expression section 121(3) or any provision of Part XII
b: by inserting in paragraph (a) of this Act or of Part XII
14: Allocation of quota
1: Section 363(1) 49, 50A to 50G,
2: Section 363(2) paragraph (f)
fa: the reference in section 44(3)(a) .
3: Section 363(2)
j: section 50B(2)(b)(i) the number of shares the quota weight equivalent of an amount of quota
k: the reference in section 50B(2)(b)(ii)
l: the reference in section 50D(2)(a)
m: the reference in section 50D(2)(b)
n: the references in sections 50E and 50F(1)
o: the reference in section 50F(2)
p: the reference in section 50G
q: section 53(3)(a) the number of shares the quota weight equivalent of an amount of quota
r: the reference in section 53(3)(b)
s: the reference in paragraph (a) of the definition encumbered section 2(1)
i: to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B of the Fisheries Act 1983
ii: to the period of 35 working days referred to in section 62(3) or section 256(3) of this Act section 107C of the Fisheries Act 1983
15: Further provisions relating to allocation of quota
Section 364
5: If the holder of any individual transferable quota that is subject to a reduction under section 52
a: the right to take fish conferred on that person by that quota is reduced proportionately to the reduction in the quota of the holder of the quota; and
b: any right to take fish conferred on any person under any sublease of the quota is reduced proportionately to the reduction in the quota of the person granting the sublease.
6: If the holder of any quota that is reduced under section 52
7: The provisions of section 28OD(6), (7), and (8) of the Fisheries Act 1983 subsections (5) and (6) section 28OB or section 28OC of that Act
16: New
sections 369I to 369M The principal Act is amended by inserting, after section 369H
369I: South Island freshwater eel subject to quota management system
1: On 1 October 2000, freshwater eel in quota management areas ANG11 to ANG16 becomes subject to the quota management system under Part IIA of the Fisheries Act 1983
2: Quota for freshwater eel in those quota management areas must be allocated in accordance with Part 2 of the Fisheries Amendment Act 2000
3: Subject to Part 2 of the Fisheries Amendment Act 2000 Part IV of this Act sections 30 to 55 Gazette section 18
4: The fishing year for freshwater eel in those quota management areas is the year commencing on 1 October and ending with 30 September.
5: The total allowable commercial catch and annual catch entitlements for freshwater eel in those quota management areas are to be expressed in greenweight.
369J: Transitional provision relating to increase of total allowable catch for freshwater eel
1: If the Minister increases the total allowable catch for freshwater eel under section 13(7)
2: An increase in the total allowable commercial catch for freshwater eel under subsection (1) section 28OE of the Fisheries Act 1983
3: Where, following an increase under section 13(7) section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch for that stock for the purposes of section 28OD of the Fisheries Act 1983
4: Despite subsection (3) section 13(7) Part VIII section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch under section 20
369K: Expiry of
section 369J Section 369J Part IIA of the Fisheries Act 1983
369L: Change to fishing year for ANG13
1: Despite section 369I(4)
2: No order under subsection (1)
a: provide for the proposed new fishing year to start before 1 February 2002; or
b: be made during the period of 4 months immediately preceding the start of the proposed new fishing year.
3: Without limiting the generality of section 297 subsection (1) Part IV or Part VIII
a: specify matters to be notified to quota owners in quota management area ANG13:
b: set out rules relating to the generation and allocation of annual catch entitlement to quota owners:
c: set out rules relating to the conversion of provisional individual transferable quota to individual transferable quota:
d: set out rules by which catch may be counted against annual catch entitlement:
e: specify reporting obligations of commercial fishers:
f: set out functions, duties, and powers of the chief executive in relation to the application of the regulations:
g: provide for other matters necessary to manage the transitional period between fishing years.
369M: Expiry of
section 369L(3) Section 369L(3)
17: Amendments to schedules
1: Part 3 Schedule 1
2: Schedule 2 Freshwater eel ANG11 to ANG16.
3: Schedule 3 Freshwater eel ANG11 to ANG16.
4: The principal Act is amended by inserting, after Schedule 4 Schedule 4A Schedule 2
5: Schedule 8 Schedule 3
18: Enactments revoked
The following enactments are revoked:
a: the Fisheries (Lake Ellesmere Eel Quota) Regulations 1997 (SR 1997/355)
b: the Fisheries (Lake Ellesmere Eel Quota Allocation) Notice 1997 (SR 1997/374)
2: Allocation of quota for South Island freshwater eel
19: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
20: Purpose of this Part
The purpose of this Part is—
a: to define quota management areas and allocate provisional catch history for freshwater eel in the South Island:
b: to provide for the allocation of quota for freshwater eel in the South Island under Part 4
21: Interpretation
For the purposes of this Part,— provisional catch history Schedule 4 South Island freshwater eel
22: Allocation of provisional catch history
1: Each person named in column 1 of Part 1
2: Each person named in column 1 of Part 2
3: Each person named in column 1 of Part 3
4: Each person named in column 1 of Part 4
5: Each person named in column 1 of Part 5
6: Each person named in column 1 of Part 6
23: Notification of fishers allocated provisional catch history
1: As soon as practicable after the date on which this Act comes into force, the chief executive must notify every person named in Schedule 4
a: the amount of provisional catch history allocated to the person under section 22
b: the person's right to appeal under section 51(1) section 27(3)
c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
24: Public notification of provisional catch history allocation
1: As soon as practicable after the date on which this Act comes into force, the chief executive must publicly notify—
a: that provisional catch history for South Island freshwater eel has been allocated under section 22
b: that a person may appeal to the Catch History Review Committee under section 51(1) section 27(3)
i: has not been allocated provisional catch history for South Island freshwater eel; and
ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for South Island freshwater eel; and
c: that the appeal must be lodged no later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
25: Criteria of eligibility to receive quota
1: A person is eligible to receive quota for South Island freshwater eel—
a: if the person is allocated provisional catch history under section 22
b: if the person—
i: is the holder of a fishing permit on the date on which this Act comes into force; and
ii: has been allocated provisional catch history for South Island freshwater eel following a decision of the Catch History Review Committee; and
iii: is not an overseas person or, if an overseas person, is exempt under section 56 section 57
2: If a person is allocated provisional catch history under section 22 section 26
3: Subsection (1) subsection (2)
26: Chief executive to allocate quota
1: The chief executive must allocate quota for South Island freshwater eel under section 50B
2: For the purposes of subsection (1)
a: South Island freshwater eel is a stock to which section 50A
b: the reference in section 47(1) section 36(3) section 23(1)(c)
27: Application of certain provisions in
Part 4
1: Sections 42 to 44 46 to 49 50B to 50G 51 to 53 54(1)(a) (2) (3) 55 283 to 294
2: For the purposes of subsection (1) section 50A
3: For the purposes of subsection (1) section 51 subsection (1)
1: Any person, including the chief executive, may, subject to subsection (3) section 23(1)(c) section 22
a: was incorrectly recorded by the chief executive; or
b: excluded freshwater eel that were lawfully taken and lawfully reported in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
4: For the purposes of this section, eligible catch section 34(2)
a: the provisional catch history for South Island freshwater eel allocated under section 22 section 34(1)(c)
b: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992.
28: Catch History Review Committee may alter provisional catch history allocation
1: The Catch History Review Committee may—
a: alter the amount of provisional catch history for South Island freshwater eel allocated to a person under section 22
b: decide that a person who is not allocated provisional catch history under that section is eligible to receive provisional catch history for South Island freshwater eel.
2: This section applies as if—
a: South Island freshwater eel were a stock declared by notice in the Gazette section 18
b: provisional catch history for South Island freshwater eel were allocated under Part 4
3: This section is for the avoidance of doubt.
3: Amendment to
Fisheries Act 1983
29: Fisheries Act 1983 In this Part, the Fisheries Act 1983 the principal Act
30: Taking of fish in excess of quota, and carrying forward of unused quota
Section 28V(11) eels freshwater
31: Repeal of
section 28Z
1: Section 28Z
2: Section 333A Fisheries Act 1996
a: by omitting from subsection (1) are not prevented from owning quota under section 28Z of the Fisheries Act 1983 would not be prevented from owning quota under section 28Z of the Fisheries Act 1983
b: by omitting from subsection (5) continues is deemed to continue
3: Section 363(2)(b) Fisheries Act 1996
4: Transitional provisions
32: Fisheries (Transitional Provisions) Regulations 1998
1: Regulation 6 Fisheries (Transitional Provisions) Regulations 1998 sections 28E to 28NA Fisheries Act 1983 the Fisheries Act 1996
2: If any proceedings have been commenced before 28 June 2000, nothing in subsection (1)
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DLM57202
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2000
|
Education Amendment Act 2000
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1: Title
1: This Act is the Education Amendment Act 2000.
2: In this Act, the Education Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to change the rules relating to enrolment schemes for schools, in particular by requiring that the enrolment scheme of every ordinary state school must identify a home zone for the school (see sections 4 28
b: to abolish bulk funding agreements for the payment of teachers' salaries (see sections 7 8 29
c: to strengthen the arrangements for governance of schools (see sections 6 11 to 23
d: to simplify the rules about tertiary students associations (see sections 24 25
e: to amend provisions in order to make them consistent with the Human Rights Act 1993 sections 5 31 to 33
1: Substantive amendments to principal Act
Enrolment schemes
4: New sections 11A to 11PB substituted
The principal Act is amended by repealing sections 11A to 11P
11A: Purpose and principles
1: The purpose of the enrolment scheme of a state school is—
a: to avoid overcrowding, or the likelihood of overcrowding, at the school; and
b: to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and
c: to enable the Secretary to make the best use of existing networks of state schools.
2: In achieving its purpose, the enrolment scheme of every state school must, as far as possible, ensure that—
a: the scheme does not exclude local students; and
b: no more students are excluded from the school than is necessary to avoid overcrowding at the school.
11B: Interpretation
In sections 11C to 11PB give notice reasonably convenient school
a: whether the school is a single sex or co-educational school:
b: whether the school is an ordinary state school, a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school:
c: whether the school is a primary, intermediate, secondary, composite, or area school special programme Gazette
a: that provides—
i: special education; or
ii: Maori language immersion classes; or
iii: any other type of specialised education to overcome educational disadvantage; or
b: that is a programme—
i: that takes a significantly different approach in order to address particular student needs; and
ii: that would not be viable unless it could draw from a catchment area beyond the school's home zone; and
iii: to which entry is determined by an organisation or process that is independent of the school.
11C: Content of enrolment scheme
1: A school's enrolment scheme must—
a: define a home zone for the school; and
b: set out the pre-enrolment procedures for selecting applicants who live outside the home zone; and
c: identify any special programmes offered by the school and the criteria on which students will be accepted onto any special programme.
2: The procedures described in subsection (1)(b) section 11F section 11G
11D: Effect of home zone
1: Subject to the provisions of this Act, a person who lives in the home zone of a school that has an enrolment scheme is entitled at any time to enrol at that school.
2: An applicant for enrolment at a school with an enrolment scheme who lives outside the school's home zone is entitled to enrol at the school only—
a: if he or she is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or
b: if the Secretary has agreed or directed under section 9 section 11P, section 16, section 17D, or section 18A
11E: How a school defines its home zone
1: A state school's home zone must be defined by geographic boundaries, and must be described in such a way that any given address is either within or outside the home zone.
2: A school's home zone—
a: must be an area for which the school is a reasonably convenient school for a student living in that area to attend; and
b: may exclude any area for which another school is also a reasonably convenient school for a student living in that area to attend; and
c: may exclude any area which it is desirable to exclude for the purpose of allowing the Secretary to make best use of the existing network of state schools in the area.
11F: How to select applicants who live outside home zone
1: The order of priority in which applicants who live outside a school's home zone are to be offered places at the school is as follows:
a: first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:
b: second priority must be given to any applicant who is the sibling of a current student of the school:
c: third priority must be given to any student who is the sibling of a former student of the school:
d: fourth priority must be given to any applicant who is a child of an employee of the Board of the school:
e: fifth priority must be given to all other applicants.
2: If there are more applicants in the second, third, fourth, or fifth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G
3: For the purposes of this section, child A is the sibling of child B if—
a: both children share a common parent; or
b: a parent of child A is married to a parent of child B; or
c: a parent of child A was married to a parent of child B at the time when child B's parent died; or
d: a parent of child A is living in a relationship in the nature of marriage with a parent of child B; or
e: both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or
f: the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.
4: If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.
5: Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A
11G: Instructions and guidelines on operation of enrolment schemes
1: The Secretary may issue instructions to state schools that have enrolment schemes about the following matters:
a: the procedures for holding ballots:
b: the dates on which ballots are to be held:
c: the establishment and maintenance of waiting lists:
d: the information to be given to applicants who live outside the school's home zone:
e: any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.
2: Instructions issued under subsection (1)—
a: must be complied with by schools; and
b: may apply to all or specified schools or classes of school; and
c: must be notified in the Gazette
d: may be amended or revoked, in which case notice of the amendment or revocation must be given in the Gazette
3: The Secretary may issue guidelines describing the basis on which the Secretary's powers in relation to enrolment schemes may be exercised (including, in particular, the power in section 11P(2)(a)
11H: Process for developing and adopting enrolment scheme
1: If the Secretary gives a written notice to a state school that there is, or is likely to be, overcrowding at the school, the Board of the school must develop an enrolment scheme for the school.
2: A Board may not begin developing an enrolment scheme unless it has received a written notice of the type referred to in subsection (1).
3: When developing a proposed enrolment scheme, a Board must consult with whatever persons and organisations it considers appropriate and, in particular, must take all reasonable steps to discover and consider the views of—
a: the parents of students at the school; and
b: the people living in the area for which the school is a reasonably convenient school; and
c: the students and prospective students of the school (depending on their age and maturity); and
d: the Boards of other schools that could be affected by the proposed enrolment scheme.
4: In addition to the consultation required by subsection (3),—
a: the Board of a Kura Kaupapa Maori must consult with the persons and organisations that the Board believes have an interest in fostering the school's adherence to Te Aho Matua and any special characteristics set out in the school's charter:
b: the Board of a designated character school must consult with those persons and organisations that the Board believes have an interest in fostering the aims, purposes, and objectives that constitute the school's different character:
c: the Board of an integrated school must consult with the school's proprietors.
5: If the Secretary approves a proposed enrolment scheme for a state school, the school's Board must pass a resolution adopting the scheme as soon as practicable.
11I: Proposed enrolment schemes to be approved by Secretary
1: The Secretary may approve the proposed enrolment scheme of a state school only if he or she is satisfied that—
a: the scheme complies, as far as possible, with the purpose and principles of enrolment schemes as set out in section 11A
b: the definition of the school's home zone in the enrolment scheme ensures that students can attend a reasonably convenient school; and
c: the boundaries of the school's home zone overlap or are contiguous with the boundaries of the home zone of any adjacent state school that has an enrolment scheme; and
d: the scheme promotes the best use of the network of state schools in the area; and
e: the procedures for determining which applicants who live outside the home zone will be offered places at the school comply with section 11F section 11G
f: the Board has carried out adequate consultation under section 11H
2: If a Board and the Secretary are unable to reach agreement about the content of the school's enrolment scheme or proposed enrolment scheme, the Secretary may require the Board to amend the scheme or proposed scheme in the manner required by the Secretary.
3: A Board that receives a requirement under subsection (2) must, as soon as practicable, change its enrolment scheme or proposed enrolment scheme to give effect to the Secretary's requirement, and the Board need not obtain separate approval from the Secretary for the change.
11J: Information about school's enrolment scheme
1: When the Board of a state school adopts an enrolment scheme, it must give notice of the fact that it has adopted an enrolment scheme, and the notice must include—
a: a general description of the school's home zone; and
b: information about where copies of the enrolment scheme may be viewed and obtained.
2: Each year, the Board of a school that has an enrolment scheme must give notice of—
a: the likely number of out-of-zone places; and
b: the significant pre-enrolment dates and procedures; and
c: the date or dates on which any ballot will be held.
3: The following must be available for inspection at the school at all reasonable times:
a: a copy of the school's current enrolment scheme:
b: a copy of the results of the most recent ballot for places at the school:
c: a copy of the waiting list for places at the school:
d: if it is available, information about the matters listed in subsection (2).
11K: Commencement of enrolment scheme
1: An enrolment scheme for a primary school commences on the date 3 months after the day of its adoption, or on a later date specified in the scheme.
2: An enrolment scheme for a secondary or composite school commences on 1 January in the year following the year in which it was adopted, or on a later date specified in the scheme and agreed to by the Secretary.
3: Despite subsections (1) and (2), the Secretary may, on application by a Board, authorise the early commencement of an enrolment scheme if he or she considers that early commencement is appropriate.
4: If the Secretary gives authorisation for early commencement after the Board has given notice of the enrolment scheme, the Board must give notice showing the revised date on which the scheme will commence.
11L: End of enrolment scheme
1: The Board of a school may by resolution, in accordance with this section, abandon an enrolment scheme, in which case the scheme ends on the date specified in the resolution.
2: A Board may not resolve to abandon an enrolment scheme unless it has received written notice from the Secretary authorising it to do so.
3: The Secretary may at any time, by notice in writing, require the Board of a state school to abandon its enrolment scheme on the grounds that the Secretary is satisfied that there is not, or is not likely to be, overcrowding at the school if the enrolment scheme is abandoned; and the Board must resolve at its next meeting to abandon the scheme.
4: When a Board abandons an enrolment scheme, it must—
a: notify the Secretary of the date on which the enrolment scheme ended or will end; and
b: give notice of the date on which the scheme ended or will end.
11M: Amendment of enrolment scheme
1: The Board of a state school that has adopted an enrolment scheme may amend it.
2: A Board must not amend a scheme unless it is satisfied that an enrolment scheme is still necessary in order to avoid overcrowding, or the likelihood of overcrowding, at the school.
3: If the Board of a state school (school A) adopts or amends an enrolment scheme, the Secretary may require the Board of any nearby state school that also has an enrolment scheme to develop a proposed amendment to its enrolment scheme, in order to take into account the effect of school A's scheme.
4: Sections 11A to 11L
11N: Pre-enrolment in schools with enrolment schemes
1: The Board of a state school may apply the pre-enrolment procedures of an enrolment scheme at any time after notice has been given of the scheme under section 11J(1)
2: In the case of applications by applicants who will be subject to a ballot, the Board must notify each applicant, in writing, of—
a: when and how the ballot will be held; and
b: when and how applicants will be advised of the results of the ballot; and
c: the rights and responsibilities of applicants after the ballot.
3: The Board must give written notice to every applicant whose application is declined of—
a: the reason why the application has been declined; and
b: the Secretary's powers under section 11P(2)
4: The Board must give written notice to every applicant whose name was included in a ballot of the outcome of the ballot as it relates to the applicant.
11O: Enrolment may be annulled if based on false information
1: The Board of a state school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if the Board believes on reasonable grounds that the student's enrolment or pre-enrolment form falsely claimed, for the purpose of securing enrolment, that—
a: the student was living in the school's home zone when the student enrolled at the school; or
b: the student was entitled to a particular priority in the ballot for places (for example, by falsely claiming the applicant to be the sibling (as defined in section 11F(3)
2: The address given in a student's pre-enrolment form as the address where the student lives will be taken to be the address at which the student is living on enrolment, unless the Board is notified otherwise.
3: The Board may annul the enrolment of any student, or may refuse an application for enrolment by any person, who claimed or claims priority in a ballot as a sibling of a student whose enrolment the Board has annulled under this section.
4: If the Board annuls an enrolment under subsection (1) or subsection (3), the annulment takes effect at the end of the school year.
5: A Board that annuls the enrolment of a student must immediately advise the Secretary of the name of the student and the date of annulment.
11P: Secretary may direct Board to enrol applicant
1: The Secretary may direct the Board of any state school (including the Board of the school at which the student was enrolled) to enrol a student whose enrolment has been annulled under section 11O
2: The Secretary may direct the Board of any state school to enrol an applicant whose application for enrolment it has declined if the Secretary is satisfied that—
a: the Board has declined the application on the ground that the applicant is not living in the school's home zone, but in fact the applicant is living in the school's home zone; or
b: the consequences of not giving the direction would be so disadvantageous to the applicant that overriding the enrolment scheme in this case is justified.
3: The Secretary must not give a direction about a person under subsection (1) or subsection (2)(b) unless he or she has taken all reasonable steps to consult the person's parents, the Board of the proposed school, and (if appropriate, having regard to the age and maturity of the person) the person.
4: The Secretary may not direct the Board of a Kura Kaupapa Maori, a designated character school, or an integrated school to enrol a person under this section unless the person's parents agree, and accept the special character of that school.
5: A Board must comply with a direction under this section, and the direction overrides the provisions of any enrolment scheme the school may have in place.
11PA: Annual review of enrolment scheme
1: The Board of a state school that has an enrolment scheme in place on 1 February in any year must, before 1 May of that year,—
a: review the operation of the enrolment scheme, having regard to the purpose and principles of enrolment schemes; and
b: ask the Secretary whether he or she agrees with the Board's view about the continuing need for a scheme to prevent overcrowding, or the likelihood of overcrowding, at the school.
2: The Secretary may exempt a Board for any period not exceeding 3 years from the obligation to conduct an annual review if the Secretary considers that compliance is unnecessary.
3: The Secretary may at any time rescind an exemption given under subsection (2), and may require the Board to conduct a review of its enrolment scheme within a period specified by the Secretary.
11PB: Enrolment schemes of certain state schools
1: Sections 11A to 11PA
a: all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolments at the school than there are places available; and
b: the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and
c: section 11J
i: subsection (1) applies as if paragraph (a) read a general description of the enrolment scheme
ii: subsection (2) applies as if paragraphs (a) to (c) were replaced with the words the likely number of places available and the significant pre-enrolment dates and procedures that will apply
iii: subsection (3)(b) does not apply; and
d: in the case of a Kura Kaupapa Maori, the application of the sections must not result in inconsistency with section 155
e: in the case of a designated character school, the application of the sections must not result in inconsistency with the school's charter or section 156
f: in the case of an integrated school, the application of the sections must not result in inconsistency with the school's integration agreement or the Private Schools Conditional Integration Act 1975
2: Sections 11A to 11PA Gazette Age discrimination removed
5: Recommendation that student should attend particular school
Section 18A(1) under 18 Annual reports
6: Annual reports
Section 87
2: A report given under subsection (1) must include—
a: the names of all the Board's elected trustees, appointed trustees, and co-opted trustees; and
b: the date on which each trustee goes out of office. Removal of bulk funding for payment of teacher salaries
7: Application
Section 91B
8: Repeal of section 91D
Section 91D
9: Limitations on appointment and employment of regular teachers at payrolled schools
1: Section 91H(1) prescribe limitations on the number of regular teachers who may be employed at payrolled schools during the next year.
2: Section 91H
2: An order under subsection (1) may do any 1 or more of the following:
a: apply different limitations to different types of school, or to particular schools:
b: impose limitations on the numbers of particular types of teachers who may be employed:
c: set out 1 or more mechanisms by which the applicable limitations are calculated:
d: specify circumstances in which the Secretary may exempt any school or type of school from a limitation, and any conditions applying to such an exemption.
10: Secretary may grant exemptions in individual cases
Section 91I in accordance with criteria in the circumstances and in accordance with any conditions Provisions relating to school governance
11: Constitution of Boards of state schools
Section 94(1)
b: the principal of the school or, in the case of a combined Board, the principals of the schools administered by the Board; and
12: Boards may alter their own constitutions
1: Section 94B
2: Section 94B(1)(h)
3: Section 94B(8) to have a member who is a student representative or
13: Staff and student representatives
Section 97(2) above form III in form III or above
14: Elections of trustees
1: Section 101
1: Before 1 September in every year, the Board of a state school or of a special institution, that is required to have a student representative, must fix a day in September in that year for the holding of an election for a student representative.
2: The Board of a school or institution to which subsection (1) applies must hold an election of any student representative on the day fixed for that purpose under subsection (1).
2: Section 101
10: This section is subject to section 101A
15: New sections 101A and 101B inserted
The principal Act is amended by inserting, after section 101
101A: Staggered elections for parent representatives
1: This section and section 101B
2: A Board may decide, in accordance with this section, to adopt a staggered election cycle in which half the number of its parent representatives are elected at an election held at a mid-term election, and the remainder are elected at an election held in an election year.
3: For the purposes of subsection (2), if there is an odd number of parent representatives on the Board, half the number of its parent representatives
4: A Board that has decided to adopt a staggered election cycle must—
a: hold a mid-term election in the month that is 18 months after the month in which the election in the preceding election year was held; and
b: conduct every mid-term election in accordance with the provisions of this Part and any regulations under this Act relating to the election of trustees (modified as necessary to give effect to this section and section 101B).
5: If the Board's decision under subsection (2) is made at a time when the next election due to be held is in an election year, the Board must ensure that at that election the nomination forms and voting papers indicate which nominees are standing for 18 months and which are standing for 3 years.
6: If the Board's decision under subsection (2) is made within 18 months after an election in an election year, the Board must decide which of its parent representatives will stand down at the mid-term election; and that decision must be by consensus of the parent representatives or, if consensus cannot be reached, by ballot of all the parent representatives.
7: Every parent representative who, in accordance with subsection (6), is to stand down at a mid-term election, goes out of office at the close of the day before the day on which the successor takes office following the election.
8: A Board that has a staggered election cycle may decide to revert to holding elections only in election years. In that case, at the next election held in an election year, all the parent representatives go out of office in accordance with section 102(8)
101B: Consultation requirements for staggered elections of parent representatives
1: Every decision under section 101A(2)
2: Before making a decision under section 101A(2)
a: the time, day, and place of the meeting of the Board at which the decision is to be made; and
b: the nature of the decision; and
c: the fact that they have a right to attend the meeting.
16: Term of office
1: Section 102(6) the third Tuesday in May in an election year, the person or body by whom or which any trustee then holding office was appointed an appointed trustee's term of office expires, the person or body by whom or which the trustee was appointed
2: Section 102
8A: Subject to subsection (9), the appointment or co-option of a trustee may be for a term not exceeding 3 years.
3: Section 102
a: by omitting from subsection (7) the words (in the year following the year of election)
b: by omitting from subsection (8) the words , appointed, and co-opted
c: by inserting in subsection (9), after the expression subsection (8) or subsection (8A)
d: by omitting from subsection (10) the expression subsection (8) subsection (8A)
e: by omitting from subsection (11) the expression section 104 sections 101A and 104
17: Certain persons ineligible to be trustees
Section 103
18: New section 105A inserted
The principal Act is amended by inserting, after section 105
105A: Minister may approve alternative constitution in certain cases
1: The Minister may from time to time, by notice in the Gazette
a: 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, and—
i: the Chief Review Officer, in a written report, recommends 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 about whether an alternative constitution is in the best interests of the school or schools.
2: In the case of an integrated school, the Minister must consult with the proprietor of the school when conducting the consultation required under subsection (1)(b).
3: A constitution approved under this section applies instead of a constitution under section 94
4: A notice under this section must establish a Board comprising 1 or more persons who are to be elected or appointed as trustees in the manner specified in the notice; and the notice may (without limitation)—
a: set out a procedure for any election, appointment, or co-option of trustees:
b: set out the manner in which vacancies are to be filled:
c: provide for the appointment of returning officers and set out their functions:
d: set out other formal and procedural provisions for the purposes of any election, appointment, or co-option of trustees.
5: While a notice that approves an alternative constitution under this section is in force, sections 94, 94A, 94B, 95, 96, 97, 98, 99, 101, 102, 104, and 105
6: In their application to a Board that has an alternative constitution under this section, the other sections and any schedules of this Act relating to Boards must be read subject to this section and subject also to all modifications necessary to give effect to this section.
19: New section 109A inserted
The principal Act is amended by inserting, after section 109
109A: Provisions relating to Board with staggered election cycle where commissioner appointed
1: This section applies if a commissioner has been appointed in place of a Board that has, or had decided to have, a staggered election cycle, and the commissioner has appointed a date under section 109(5)
2: Despite anything in section 102
3: Despite anything in section 102
4: If the date that the commissioner has appointed under section 109(5)
20: Boards may combine
Section 110(1)
ba: the number of trustees on the Board who are parent representatives will exceed the number of other trustees on the Board; and
21: Restrictions on combining
Section 111
22: New section 116A inserted
The principal Act is amended by inserting, after section 116
116A: Appointment of principal of combined Board
The powers conferred on a combined Board by section 65
23: Minister may merge schools
Section 156A
4: Unless it was (immediately before the merger took effect) a combined Board established under section 110
4A: Each Board of the merging schools must be represented on the Board of the continuing school by a co-opted trustee for the balance of that Board's term of office, and—
a: the Board of the continuing school must co-opt the trustee within 28 days after notice of the merger is published under subsection (1); and
b: each co-opted trustee holds office until the trustees elected at the next election take office, and then the co-opted trustee goes out of office; and
c: section 94C Tertiary students associations
24: Requirements as to constitutions of Councils
1: Section 171(2)
e: at least 1, but not more than 3, persons who must be appointed,—
i: in the case of an institution at which membership of a students association is compulsory, in accordance with the constitution or rules of the association; or
ii: in any other case, following an election (conducted in accordance with statutes made by the Council) by the students at the institution:
2: Section 171
25: New sections 229A to 229D substituted
The principal Act is amended by repealing sections 229A to 229R
229A: Institutions at which membership of students association is compulsory
1: This section applies to every institution at which membership of a students association is compulsory.
2: The students association that, at the commencement of this section, is recognised by the Council of the institution as being the institution's students association for the purpose of representation on the Council, is the students association at that institution for the purposes of section 171(2)(e) sections 229B and 229C
3: The Council must, if asked to by the institution's student association, collect the membership fees of the association, but only if the association provides the Council with—
a: a copy of its current constitution; and
b: an independently audited set of financial accounts of the association for the last financial year.
4: The Council must pay all membership fees collected on behalf of the students association to the association in a timely manner, but may charge the association for the actual and reasonable costs incurred by the Council in collecting the fees.
5: A students association may, on the grounds of hardship, exempt any student from the obligation to pay the membership fee of the association; and a student so exempted may nonetheless be a member of the association.
6: A students association may exempt any student from membership of the association on the grounds of conscientious objection; and, if exempted, the association must pay the student's membership fee to a charity of its choice.
7: Every students association must ensure that information about the rights in subsections (5) and (6) is available to students before enrolment, and must make rules for dealing in a fair, timely, and consistent way with applications for exemption under either subsection.
229B: Initiating change relating to compulsory membership of students association
1: The students of an institution at which membership of a students association is compulsory may request the Council to conduct a vote of all students at the institution on whether membership of the students association should continue to be compulsory.
2: The students of an institution at which membership of a students association is not compulsory may request the Council to conduct a vote of all students at the institution on whether membership of a specified students association at the institution should become compulsory.
3: A request under subsection (1) or subsection (2) is not effective unless it is accompanied by a petition requesting the vote, signed by at least 10% (as calculated according to figures provided by the Ministry) of all students currently enrolled at the institution.
229C: Council to conduct vote on issue of compulsory membership of students association
1: A Council that receives an effective request under section 229B
2: The Council must make statutes setting out the procedures for conducting a vote under this section in consultation with,—
a: in the case of an institution at which membership of a students association is compulsory, the institution's students association; or
b: in the case of an institution at which membership of a students association is not compulsory, any associations that represent students and that the Council considers should be consulted.
3: The result of a vote of students held under this section determines whether, in and after the following year, membership of the association referred to in the vote is compulsory or not.
4: Despite subsection (1), a vote may be held in 2000 under this section.
229D: Sections 229A to 229C apply to private training establishments
Sections 229A to 229C
a: every reference to an institution includes a reference to a private training establishment; and
b: every reference to a Council includes a reference to the governing body of the private training establishment.
2: Amendments, repeals, and transitional provisions
Consequential amendments and repeal
26: Consequential amendments to principal Act
1: Section 2(1) enrolment scheme section 11G section 11H section 11K section 11M
2: Section 9(2) section 11M of this Act (which relates to enrolment schemes) this Act that relates to enrolment schemes, or in the enrolment scheme of any school
3: Section 11Q(2) section 11G(6) section 11J
4: Section 18A
3: A Board must comply with a direction under subsection (1), and the direction overrides the provisions of any enrolment scheme the school may have in place.
5: Section 156(8) section 11P section 11PB
6: Section 159(1) association of students
7: Section 236A(1)(a)(i) fees as provided in Part 16A for students who become members of associations of students students association membership fees
27: Repeal
The Education (Tertiary Students Association Voluntary Membership) Amendment Act 1998 Transitional provisions
28: Enrolment schemes applying to 2001 school year
1: Subsections (2) to (5) apply to every state school that is not a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school, and that has an enrolment scheme that is—
a: in force on the date that this section comes into force; and
b: intended to apply to the 2001 school year.
2: If a school's enrolment scheme identifies applicants who may enrol at the school by reference to whether or not they live within a defined geographic area, the school may, unless subsection (3) applies, apply its enrolment scheme to applications for the 2001 school year, subject to the following:
a: the defined geographic area is to be treated as the school's home zone; and
b: section 11F section 11G
c: sections 11A 11B 11D 11G 11J 11L 11M 11N 11O 11P
d: sections 11A to 11P
3: A school may not apply an enrolment scheme to which subsection (2) applies if, within 28 days of this section coming into force, the Board of the school receives a notice from the Secretary that the scheme is not to apply.
4: A school to which subsection (2) applies must, in 2000, advise the Secretary of any special programmes offered by the school and, in giving notice as required by section 11J
a: the fact that students living in the home zone are entitled to enrol at the school; and
b: the order of priority for balloting, as provided in section 11F
c: any special programmes offered by the school.
5: If a school's enrolment scheme does not identify students who may enrol by reference to a defined geographical area, then the school may not apply its enrolment scheme to applications for the 2001 school year, and if it wants an enrolment scheme to apply to the 2001 school year, it must prepare a new enrolment scheme in accordance with sections 11A to 11P
6: Any state school that did not have an enrolment scheme in force for the 2000 school year, but will have one in place for the 2001 school year, must prepare its enrolment scheme in accordance with sections 11A to 11P
7: Any Kura Kaupapa Maori, designated character school, integrated school, or special school that has an enrolment scheme in place when this section comes into force may apply that enrolment scheme to the 2001 school year, but any enrolment scheme to apply after that year must comply with sections 11A to 11PB
29: Transitional provisions relating to bulk funding agreements
1: All agreements under section 91D
2: All agreements under section 91D
3: The following provisions apply to agreements under section 91D
a: the Board may cancel the agreement with effect at the close of 23 January 2001; but
b: if the Board does not cancel the agreement with effect at the close of 23 January 2001, the agreement is cancelled at the close of 10 July 2001 (if still in force immediately before the close of that date).
4: On the cancellation of an agreement by or under this section, the following provisions apply:
a: so far as the agreement remains unperformed at the time of the cancellation, no party is obliged or entitled to perform it further:
b: so far as the agreement has been performed at the time of the cancellation, no party is, merely because of the cancellation, to be divested of any money paid under the agreement:
c: section 91C
30: Crown to provide financial assistance to schools unable to meet liability under employment contract
1: A Board of Trustees that is affected by section 29
2: The Crown must provide an amount of financial assistance determined by the Minister if the Minister is satisfied that—
a: the employment contract relates to a permanent or fixed-term appointment to a teaching position at the school made before 18 June 1998; and
b: the Board's financial disadvantage is solely and directly attributable to the cancellation by or under section 29
3: The Governor-General may, by Order in Council, specify the criteria and methods of assessment that must be applied by the Minister in dealing with a request for financial assistance under subsection (1).
4: A Board is financially disadvantaged if a is greater than b: where—
a: is the sum of the grant under section 79 section 29
b: is the sum of the grant under section 79 section 91C
5: The sums in subsection (4) are those applicable as at the date of the cancellation of the agreement concerned. Related amendments
31: Amendment to Royal New Zealand Foundation for the Blind Act 1963
Section 4 of the Royal New Zealand Foundation for the Blind Act 1963
32: Amendment to Private Schools Conditional Integration Act 1975
Section 77
33: Amendment to Music Teachers Act 1981
Section 18(1) has attained the age of 20 years, and
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DLM57286
|
2000
|
Housing Restructuring (Income-Related Rents) Amendment Act 2000
|
1: Title
1: This Act is the Housing Restructuring (Income-Related Rents) Amendment Act 2000.
2: In this Act, the Housing Restructuring Act 1992 the principal Act
2: Commencement
1: Subsections (1) (2) (4) to (7)
2: Section 7(3) section 7
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Principal objective of company, and statement of corporate intent
3: Principal objective of company
Section 4
1: The company's principal objective is to help meet the Crown's social objectives by providing housing and related services in a businesslike manner, whether in accordance with its statement of corporate intent or pursuant to any agreement made under section 7
a: exhibits a sense of social responsibility by having regard to the interests of the community in which it operates; and
b: exhibits a sense of environmental responsibility by having regard to the environmental implications of its operations; and
c: operates with good financial oversight and stewardship, and efficiently manages its assets and liabilities and the Crown's investment; and
d: is a good employer.
4: Statement of corporate intent
Section 15(3)
ba: the exercise by the company of the powers, functions, and discretions conferred by Part 5 section 42(1))
2: Income-related rents
5: New
Part 5 The principal Act is amended by inserting, after Part 4
5: Income-related rents
42: Interpretation
1: In this Part and Schedules 2 and 3 additional resident
a: is aged 16 years or over; and
b: is financially independent (within the meaning of section 3(1) of the Social Security Act 1964
c: resides or is to reside in the housing; but
d: is not an applicable person applicable person
a: means every person to whom the housing is or is to be let; and
b: includes every person who is the partner of such a person appointed day section 2(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 subsections (1), (2), and (4) to (7) of section 7 of that Act assessable assets assessable income section 47 calculate calculation mechanism
a: before the commencement of the regulations first made under section 53, means sections 46 to 52 Schedule 2
b: after that commencement, means sections 46 to 52 section 53 contributions
a: as a contribution towards the costs and expenses incurred by the applicable persons in residing there; or
b: in consideration of goods or services provided by the applicable persons while the resident is residing there; or
c: in consideration of the resident's being allowed to reside there; or
d: for 2 or all of those reasons HNZ housing income-related purpose section 3(1) of the Social Security Act 1964 income-related rent Schedule 3 market rent Residential Tenancies Act 1986 partner
a: either—
i: is legally married to that person; or
ii: in the company's opinion, has a relationship in the nature of marriage with that person (whether they are of opposite sexes or the same sex, and even if they are not able to be legally married to each other); and
b: in the company's opinion, is not living apart from that person prescribed
a: prescribed by the calculation mechanism for the purposes of the provision; or
b: calculated under a means prescribed by the calculation mechanism for the purposes of the provision prospective tenant
a: who—
i: is not a person to whom any HNZ housing is let or to be let; and
ii: has applied to the company (alone or together with some other person or people) to become a tenant of HNZ housing and has not yet had the application accepted or declined, or withdrawn it; or
b: who—
i: is already a person to whom HNZ housing is let or to be let; but
ii: has applied to the company (alone or together with some other person or people) to become a tenant of some other HNZ housing and has not yet had the application accepted or declined, or withdrawn it rent period standard tax section 13A(1) of the Social Welfare (Transitional Provisions) Act 1990 study grant section 303 of the Education Act 1989 tenant
a: in relation to HNZ housing in general,—
i: means any person or people to whom any HNZ housing is let or to be let; and
ii: includes a prospective tenant; and
b: in relation to any particular HNZ housing, means the person or people to whom it is let or to be let.
2: Schedule 2 section 53
43: Income-related rent
1: This subsection applies to HNZ housing and a tenant if—
a: the tenant has applied to the company for it to calculate an income-related rent for the housing; and
b: the company is satisfied that—
i: it has had all information reasonably needed to calculate such a rent for the housing for long enough to be able to do so; and
ii: the information is accurate.
2: If subsection (1)
3: If subsection (1)
4: If satisfied that special circumstances justify its doing so, the company may, in its absolute discretion, set for and accept from a tenant of any HNZ housing a rent lower than the rent otherwise required by subsection (2) or subsection (3)
5: Subsections (2) and (4) sections 57(2) and 58(4)
6: Subsections (2) to (4) are subject to section 45
44: Backdating
1: The company may treat an application made at any time to it for it to calculate an income-related rent for any HNZ housing as having been made at any earlier time it determines, if satisfied that—
a: it has all information reasonably needed to calculate an income-related rent for the housing as at the time determined; and
b: the information is accurate; and
c: it was unreasonable in all the circumstances to expect the application to have been made earlier.
2: This subsection applies to an application made to the company for it to calculate an income-related rent for any HNZ housing if,—
a: at the time it was made, the company—
i: did not have all information reasonably needed to calculate an income-related rent for the housing; or
ii: had all information reasonably needed to calculate an income-related rent for the housing, but was not satisfied that it was accurate; and
b: at some later time the company is satisfied that—
i: it has all that information; and
ii: the information is accurate.
3: The company may treat an application to which subsection (2)
45: Changes in rent
1: This subsection applies to an existing tenant of HNZ housing if the company—
a: is required by section 43
b: is empowered by section 43 or section 57(2) or section 58(4)
2: The company must, in accordance with section 136 of the Residential Tenancies Act 1986 subsection (1)
a: the day on which it takes effect (being a day no earlier than the commencement of the first rent period commencing after the appointed day); and
b: the matters referred to in paragraphs (j) and (k) of section 13A of that Act
3: In the case of an increase in rent, the notice must comply with section 24 of the Residential Tenancies Act 1986
4: In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing, whether or not the tenant signs it. Calculating income-related rents
46: Calculating income-related rents
1: The income-related rent for any HNZ housing (calculated on a weekly basis) is the higher of the following rents:
a: a rent calculated by reference to household income under subsection (2)
b: a rent calculated by reference to benefit levels under subsection (3)
2: A rent calculated by reference to household income is the sum of—
a: the prescribed proportion of the sum of the assessable incomes of the applicable persons concerned, up to the prescribed threshold (or the threshold prescribed for tenants of a category to which the tenant belongs); and
b: the prescribed proportion of any amount by which that sum is greater than that threshold; and
c: if any of the applicable persons is eligible to receive family support under Subpart KD of the Income Tax Act 1994
i: the total of the amounts that the applicable persons are eligible to receive as family support under that Subpart; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
3: A rent calculated by reference to benefit levels is the sum of—
a: the prescribed proportion of the rate (before abatement) stated in paragraphs (a) to (j) of clause 1 of the Ninth Schedule of the Social Security Act 1964
b: if any of the applicable persons is eligible to receive family support under Subpart KD of the Income Tax Act 1994
i: the total of the amounts that the applicable persons are eligible to receive as family support under that Subpart; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
4: The income-related rent for any HNZ housing must not exceed its market rent for the time being.
5: Subsection (4) overrides subsection (1)
6: For the purposes only of this Part, the calculation mechanism, and Schedule 3, the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990
47: Assessable income
The assessable income of an applicable person is the company's estimate of the person's weekly income from all sources,—
a: if the company considers that income tax is payable on any part of it, after the deduction of whichever of the following the company thinks fit in the particular case:
i: any income tax actually paid in respect of or deducted from that part; or
ii: the company's estimate of the amount of income tax payable in respect of it; and
b: if the company considers that any premium is payable in respect of any part of it under section 283(1) of the Accident Insurance Act 1998
i: any premium actually paid in respect of that part; or
ii: the company's estimate of the amount of premium payable in respect of it; and
c: if the company considers that any levy is payable in respect of any part of it under section 283(2) of the Accident Insurance Act 1998
i: any levy actually paid in respect of that part; or
ii: the company's estimate of the amount of levy payable in respect of it.
48: Certain amounts included in weekly income
1: For the purposes of section 47
a: the appropriate weekly proportion of any periodical payment, whether capital or not, made to the person on a regular basis by any other person for income-related purposes and used by the person for income-related purposes; and
b: the appropriate weekly proportion of the value of any goods, service, transport, or accommodation (other than accommodation provided by the company) supplied to the person on a regular basis by any other person.
2: A person's weekly income includes contributions from additional residents to the extent only required by the calculation mechanism.
3: Subsection (1) section 47
4: Subsection (2) overrides subsection (1) and section 47
49: Calculation mechanism may include amounts in or exclude amounts from weekly income
1: For the purposes of section 47
a: includes any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description:
b: does not include any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description.
2: Subsection (1)(a) section 47
3: Subsection (1)(b) overrides sections 47 and 48(1) Assessable assets, and deprivation of income or property
50: Assessable assets
1: Assessable assets generate imputed income at a rate of interest for the time being stated by the shareholding Ministers by notice in the Gazette section 47
a: the gross income from any person's assessable assets is the greater of the actual income from those assets and the imputed income they generate; and
b: the person's weekly income must be estimated accordingly.
2: In subsection (1) assessable assets
51: Assessable income may be adjusted in certain cases
1: If satisfied that—
a: an applicable person has directly or indirectly deprived himself or herself of any income or property; and
b: as a consequence of the deprivation, an income-related rent of any HNZ housing in respect of which the person is an applicable person is (or but for this section would be) lower than it would otherwise be,— the company may treat the person's assessable income as having been increased to the extent the company thinks necessary to reflect the deprivation, or any lesser extent.
2: Subsection (1) overrides sections 46(1) and 52 Estimating weekly income, and regulations for purposes of calculation mechanism
52: Estimating weekly income
For the purposes of section 47 section 44 or a review under section 57 or action taken under section 58(4)
a: that estimated income must be treated as an amount equal to—
i: the company's estimate of the income received by the person for any period equal to the prescribed period (ending on a day before the day concerned) that the company decides, divided so as to equate to a weekly amount; or
ii: if the company thinks it more appropriate in all the circumstances, the company's estimate of the income received by the person for any shorter period (ending on a day before the day concerned) that the company decides, divided so as to equate to a weekly amount; and
b: there may be deducted from that amount any items by which the company is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the company is satisfied the income is likely to be increased.
53: Regulations for purposes of calculation mechanism
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: prescribing a definition of assessable assets section 50(2)
b: prescribing matters contemplated by sections 46 to 52
c: providing for any other matters contemplated by sections 46 to 52
2: The regulations may—
a: prescribe a zero proportion (or a means for calculating proportions capable of producing a zero proportion) for the purposes of any provision:
b: prescribe a proportion or threshold (or a means for calculating a proportion or threshold) for the purposes of any provision by reference to any or all of the following matters:
i: the marital status of the tenant concerned:
ii: the marital status of the applicable persons concerned:
iii: the number of dependent children of the tenant concerned:
iv: the number of dependent children of the applicable persons concerned:
v: the number of people living or intended to live in the housing concerned:
c: prescribe a threshold (or a means for calculating a threshold) for the purposes of any provision by reference to the rate of a benefit within the meaning of section 3(1) of the Social Security Act 1964
3: A means for calculating may comprise any number of mechanisms and parameters.
4: Subsection (2)
5: Subsection (2) overrides the Human Rights Act 1993
6: Subsection (5) Transitional matters
54: Transitional arrangements for certain tenants
1: This section and Schedule 3 apply to a tenant of HNZ housing if, but for the provisions of that schedule,—
a: the rent that the tenant would be required to pay for the first rent period commencing on or after the appointed day— would be greater than—
b: the rent, after the deduction of any accommodation assistance (within the meaning of clause 1 of Schedule 3
2: Schedule 3 section 43
55: Department of Work and Income may verify entitlement
For the purposes of section 54 and Schedule 3
a: the company may, with the consent of the applicable persons concerned, give the Department of Work and Income details of—
i: those persons' assessable incomes and the components of those incomes, and their cash assets, as supplied to the company under section 43(1)
ii: the weekly market rent in relation to the housing; and
iii: the dates of the beginning and end of the rent period in respect of the housing that commenced immediately prior to the appointed day; and
b: an officer or employee of the Department may, on the basis of the details given,—
i: certify in writing to the applicable persons the kinds of accommodation assistance (within the meaning of clause 1 of Schedule 3
ii: give the company a copy of the certificate; and
c: the company may rely on the certificate. Administration of income-related rents
56: Tenant's duty to advise changes of circumstances
1: Every person to whom any HNZ housing is let at an income-related rent must promptly advise the company of—
a: any change in the person's circumstances likely to result in the payment of a higher income-related rent; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the payment of a higher income-related rent.
2: A person does not commit an offence by reason only of failing to comply with subsection (1)
57: Reviews of income-related rents
1: The company may at any time, of its own motion or on application by the tenant concerned, review any income-related rent to ascertain—
a: whether it or some other income-related rent is now appropriate for the housing concerned; or
b: whether at some earlier time it or some other income-related rent was appropriate for the housing concerned; or
c: both.
2: After reviewing the rent, the company,—
a: if satisfied that some other income-related rent is now appropriate for the housing concerned, may calculate and charge that other rent for the tenant:
b: if satisfied that at some earlier time a higher income-related rent was appropriate for the housing concerned, may take action under section 60
c: if satisfied that at some earlier time a lower income-related rent was appropriate for the housing concerned, must make any necessary refund.
3: The company—
a: does not have to act under subsection (2)(a)
b: does not have to act under subsection (2)(b)
58: Investigation of applications, etc
1: The company may investigate—
a: the present circumstances of—
i: any tenant of HNZ housing who is paying, or has applied to the company for the company to calculate, an income-related rent for the housing; or
ii: any person who is an applicable person in relation to the tenant:
b: to the extent that those circumstances might be relevant to the eligibility of a prospective tenant to be allocated HNZ housing, or to the housing need of a prospective tenant, the present circumstances of—
i: the prospective tenant; or
ii: any person who would be an applicable person in relation to the prospective tenant:
c: the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—
i: any tenant or former tenant of HNZ housing who was required to pay an income-related rent for the housing; or
ii: any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
2: For the purposes of subsection (1)
a: may ask any person whose circumstances it may investigate under that subsection any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate under that subsection to verify by statutory declaration—
i: any information he or she has given when answering questions asked under paragraph (a); or
ii: any other information that he or she has at any time given to the company; or
iii: any information within his or her personal knowledge that any of the applicable persons concerned has at any time given to the company.
3: The company may take the actions stated in subsection (4) if—
a: any person whose circumstances it may investigate under subsection (1)
i: fails or refuses to answer (or, in the company's opinion, fails or refuses to answer fully) any question asked under subsection (2)(a)
ii: fails or refuses to verify any information by statutory declaration when asked to do so under subsection (2)(b)
b: it believes on reasonable grounds that any person whose circumstances it may investigate under subsection (1) subsection (2)(a)
4: The actions are—
a: to the extent that the tenant is the person or people to whom any HNZ housing is let or to be let,—
i: calculate an income-related rent for the tenant for that housing on the basis of its own understanding of the circumstances; or
ii: treat the market rent for that housing as the income-related rent for the tenant for that housing:
b: to the extent that the tenant is a prospective tenant only,—
i: suspend the process of determining whether to allocate, assign, or let any HNZ housing to the prospective tenant; or
ii: decline the tenant's application to become a tenant of HNZ housing.
59: Company may seek information
1: For the purposes of a review under section 57 section 58
a: answer questions; or
b: allow the company to inspect any document or other written information; or
c: give the company—
i: a copy of any document or other written information; or
ii: a print-out of any information stored digitally.
2: The person does not have to comply with the request; but (for the purposes of section 7(1) of the Privacy Act 1993
60: Recovery where rate of rent too low
1: Subsection (2)
a: has in its possession information (whether or not obtained as a result of a review under section 57 or an investigation under section 58
i: it did not have during that period, or had but did not have reasonable grounds to believe; and
ii: it now believes on reasonable grounds; and
b: is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have required the tenant to pay an income-related rent higher than the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
2: If this subsection applies to a tenant of HNZ housing and a period of time, the company may calculate, and recover as a debt due to the Crown, the difference between—
a: the higher income-related rent it would have required the tenant to pay for the housing in respect of the period; and
b: the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
3: Amounts recoverable under subsection (2) Residential Tenancies Act 1986
61: Allocation of HNZ housing
1: The things to which the company may have regard in doing either or both of the things stated in subsection (2)
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status disability age family status paragraphs (b), (h), (i), and (l) of section 21(1) of the Human Rights Act 1993
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are—
a: assess the eligibility of prospective tenants to be allocated HNZ housing; and
b: allocate, assign, and let HNZ housing to prospective tenants.
3: Subsection (1) overrides the Human Rights Act 1993
4: This section is for the avoidance of doubt. Other matters
62: Rights of appeal
1: This subsection applies to—
a: any decision or determination of the company made under this Part, the calculation mechanism, or Schedule 3 section 43(4)
b: any assessment by the company of—
i: the eligibility of any prospective tenant to be allocated HNZ housing; or
ii: the housing needs of any prospective tenant.
2: At any time on or after the appointed day, a tenant may, in accordance with regulations made under section 63 subsection (1)
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the company to review such decisions; or
b: has no such process for the time being established.
3: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the company had in relation to the matter concerned; and may—
a: confirm, modify, or reverse the decision or determination; or
b: refer all or any part of the matter back to the company for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
4: The appeal body—
a: may award costs against the company in respect of any appeal if—
i: it is allowed in whole or in part; or
ii: all or any part of the matter is referred back to the company for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that it was frivolous or vexatious, or should not have been brought.
5: If regulations under section 63(1)(a)
a: within 14 days after the date of the determination, the appellant must lodge a notice of appeal with the Court, and forthwith deliver or post a copy of the notice to every other party to the appeal:
b: the Court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this subsection, the case must be dealt with in accordance with the District Courts Rules 1992.
6: Nothing in this section, or in any regulations under section 63 Residential Tenancies Act 1986
63: Regulations for purposes other than calculation mechanism
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: for the purposes of section 62
i: establishing a body to dispose of appeals under that section, prescribing how its members are to be appointed, and prescribing how it is to hear and dispose of appeals; or
ii: providing that such appeals are to be made to the Social Security Appeal Authority established by the Social Security Act 1964 sections 12J to 12N, and 12P to 12R of that Act
iii: providing that such appeals are to be made to a District Court, and providing that the District Courts Act 1947
iv: providing that such appeals are to be made to the Tenancy Tribunal established by the Residential Tenancies Act 1986 sections 86 to 120 of that Act
b: providing for any other matters contemplated by the provisions of this Part (other than sections 46 to 52
2: Any body established under subsection (1)(a)(i) Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances, for the member's services as a member of it:
b: payment of travelling allowances and expenses in respect of time spent travelling in its service.
64: Delegation of powers under this Part
1: The company—
a: cannot delegate a power under section 57(2)(b) subsections (2)(b), (3), or (4) of section 58, or section 60
b: cannot delegate any other power under this Part, the calculation mechanism, or Schedule 3
i: an employee of the company; or
ii: a person engaged by the company under a contract for services providing for the person to exercise that power.
2: If the company delegates a power under this Part, the calculation mechanism, or Schedule 3 subsection (1)(a))
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
3: Subsections (1) and (2) section 130(1) of the Companies Act 1993
65: Reimbursement of company
Section 7
a: this Part, the calculation mechanism, and Schedule 3
b: that price were the difference between the amounts of market rents for the housing and the income-related rents charged.
6: New
Schedules 2 3 The principal Act is amended by adding, as Schedules 2 3 Schedule 1
7: Consequential amendments, repeals, and revocations
1: The enactments specified in Schedule 2
2: Sections 12J(2)(c) 53A(1)(d) 61FA to 61FD 3 Social Security Act 1964
3: Subparagraphs (xii) and (xiii) of paragraph (a) of the definition in section 80B Social Security Act 1964 income
4: Regulation 9(2) Student Allowances Regulations 1998 paragraph (a)
aa: students who are applicable persons in respect of HNZ housing (as the terms applicable person HNZ housing section 42(1) of the Housing Restructuring Act 1992
5: The Social Security (Rent Rebate) Order 1992 (SR 1992/296)
6: Until the first day on or after the appointed day that is the first day of a rent period, the following enactments continue to apply to a tenant of HNZ housing as if they were still in force in relation to the tenant:
a: sections 61E to 61EC 61FC 61FD Eighteenth Social Security Act 1964
b: regulation 9 Student Allowances Regulations 1998
7: In subsection (6) section 42(1)
|
DLM58316
|
2000
|
Employment Relations Act 2000
|
1: Title
This Act is the Employment Relations Act 2000.
2: Commencement
This Act comes into force on 2 October 2000.
1: Key provisions
3: Object of this Act
The object of this Act is—
a: to build productive employment relationships through the promotion of good faith
i: by recognising that employment relationships must be built not only on the implied mutual obligations of trust and confidence, but also on a legislative requirement for good faith behaviour; and
ii: by acknowledging and addressing the inherent inequality of
iii: by promoting collective bargaining; and
iv: by protecting the integrity of individual choice; and
v: by promoting mediation as the primary problem-solving mechanism other than for enforcing employment standards; and
vi: by reducing the need for judicial intervention; and
ab: to promote the effective enforcement of employment standards, in particular by conferring enforcement powers on Labour Inspectors, the Authority, and the court; and
b: to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively. Section 3(a) amended 1 December 2004 section 4(1) Employment Relations Amendment Act (No 2) 2004 Section 3(a)(i) substituted 1 December 2004 section 4(2) Employment Relations Amendment Act (No 2) 2004 Section 3(a)(ii) amended 1 December 2004 section 4(3) Employment Relations Amendment Act (No 2) 2004 Section 3(a)(v) replaced 1 April 2016 section 4(1) Employment Relations Amendment Act 2016 Section 3(ab) inserted 1 April 2016 section 4(2) Employment Relations Amendment Act 2016 Good faith employment relations
4: Parties to employment relationship to deal with each other in good faith
1: The parties to an employment relationship specified in subsection (2)—
a: must deal with each other in good faith; and
b: without limiting paragraph (a), must not, whether directly or indirectly, do anything—
i: to mislead or deceive each other; or
ii: that is likely to mislead or deceive each other.
1A: The duty of good faith in subsection (1)—
a: is wider in scope than the implied mutual obligations of trust and confidence; and
b: requires the parties to an employment relationship to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative; and
c: without limiting paragraph (b), requires an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of 1 or more of his or her employees to provide to the employees affected—
i: access to information, relevant to the continuation of the employees' employment, about the decision; and
ii: an opportunity to comment on the information to their employer before the decision is made.
1B: However, subsection (1A)(c) does not require an employer to provide access to confidential information—
a: that is about an identifiable individual other than the affected employee if providing access to that information would involve the unwarranted disclosure of the affairs of that other individual:
b: that is subject to a statutory requirement to maintain confidentiality:
c: where it is necessary, for any other good reason, to maintain the confidentiality of the information (for example, to avoid unreasonable prejudice to the employer's commercial position).
1C: To avoid doubt,—
a: subsection (1B) does not affect an employer's obligations under—
i: the Official Information Act 1982 section 52(3)
ii: the Privacy Act 2020 section 24(1)
b: an employer must not refuse to provide access to information under subsection (1A)(c) merely because the information is contained in a document that includes confidential information.
1D: For the purposes of subsections (1B) and (1C), confidential information
2: The employment relationships are those between—
a: an employer and an employee employed by the employer:
b: a union and an employer:
c: a union and a member of the union:
d: a union and another union that are parties bargaining for the same collective agreement:
e: a union and another union that are parties to the same collective agreement:
f: a union and a member of another union where both unions are bargaining for the same collective agreement:
g: a union and a member of another union where both unions are parties to the same collective agreement:
h: an employer and another employer where both employers are bargaining for the same collective agreement.
3: Subsection (1) does not prevent a party to an employment relationship communicating to another person a statement of fact or of opinion reasonably held about an employer's business or a union's affairs.
4: The duty of good faith in subsection (1) applies to the following matters:
a: bargaining for a collective agreement or for a variation of a collective agreement, including matters relating to the initiation of the bargaining:
b: any matter arising under or in relation to a collective agreement while the agreement is in force:
ba: bargaining for an individual employment agreement or for a variation of an individual employment agreement:
bb: any matter arising under or in relation to an individual employment agreement while the agreement is in force:
c: consultation (whether or not under a collective agreement) between an employer and its employees, including any union representing the employees, about the employees' collective employment interests, including the effect on employees of changes to the employer's business:
d: a proposal by an employer that might impact on the employer's employees, including a proposal to contract out work otherwise done by the employees or to sell or transfer all or part of the employer's business:
e: making employees redundant:
ea: making pay equity claims, responding to pay equity claims, and participating in the pay equity claim resolution process under Part 4
f: access to a workplace by a representative of a union:
g: communications or contacts between a union and an employer relating to any secret ballots held for the purposes of bargaining for a collective agreement.
5: The matters specified in subsection (4) are examples and do not limit subsection (1).
6: It is a breach of subsection (1) for an employer to advise, or to do anything with the intention of inducing, an employee—
a: not to be involved in bargaining for a collective agreement; or
b: not to be covered by a collective agreement. Section 4(1A) inserted 1 December 2004 section 5(1) Employment Relations Amendment Act (No 2) 2004 Section 4(1B) replaced 6 March 2015 section 4 Employment Relations Amendment Act 2014 Section 4(1C) replaced 6 March 2015 section 4 Employment Relations Amendment Act 2014 Section 4(1C)(a)(ii) replaced 1 December 2020 section 217 Privacy Act 2020 Section 4(1D) inserted 6 March 2015 section 4 Employment Relations Amendment Act 2014 Section 4(4)(ba) inserted 1 December 2004 section 5(2) Employment Relations Amendment Act (No 2) 2004 Section 4(4)(bb) inserted 1 December 2004 section 5(2) Employment Relations Amendment Act (No 2) 2004 Section 4(4)(ea) inserted 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 4(6) added 1 December 2004 section 5(3) Employment Relations Amendment Act (No 2) 2004
4A: Penalty for certain breaches of duty of good faith
A party to an employment relationship who fails to comply with the duty of good faith in section 4(1)
a: the failure was deliberate, serious, and sustained; or
b: the failure was intended to—
i: undermine bargaining for an individual employment agreement or a collective agreement; or
ii: undermine an individual employment agreement or a collective agreement; or
iii: undermine an employment relationship; or
iv: undermine the pay equity claim resolution process under Part 4
c: the failure was a breach of section 59B section 59C Section 4A inserted 1 December 2004 section 6 Employment Relations Amendment Act (No 2) 2004 Section 4A(b) replaced 6 November 2020 section 33 Equal Pay Amendment Act 2020 Records relating to minimum entitlement provisions Heading inserted 1 April 2016 section 5 Employment Relations Amendment Act 2016
4B: Employer’s general obligation to keep records relating to minimum entitlement provisions
1: An employer must keep records in sufficient detail to demonstrate that the employer has complied with minimum entitlement provisions.
2: The obligation in subsection (1) is in addition to the requirements in the other provisions of this Act or any other enactment relating to the keeping of records. Section 4B inserted 1 April 2016 section 5 Employment Relations Amendment Act 2016
2: Preliminary provisions
Interpretation
5: Interpretation
In this Act, unless the context otherwise requires,— agreed hours of work section 67C(1) applicable collective agreement Authority section 156 bargaining
a: means all the interactions between the parties to the bargaining that relate to the bargaining; and
b: includes—
i: negotiations that relate to the bargaining; and
ii: communications or correspondence (between or on behalf of the parties before, during, or after negotiations) that relate to the bargaining chief executive Chief Judge Chief of the Authority section 166(1)(a) collective agreement
a: 1 or more unions; and
b: 1 or more employers; and
c: 2 or more employees compliance order section 137 section 139 controlling third party
a: who has a contract or other arrangement with an employer under which an employee of the employer performs work for the benefit of the person; and
b: who exercises, or is entitled to exercise, control or direction over the employee that is similar or substantially similar to the control or direction that an employer exercises, or is entitled to exercise, in relation to the employee court coverage clause
a: in relation to a collective agreement,—
i: means a provision in the agreement that specifies the work that the agreement covers, whether by reference to the work or type of work or employees or types of employees; and
ii: includes a provision in the agreement that refers to named employees, or to the work or type of work done by named employees, to whom the collective agreement applies:
b: in relation to a notice initiating bargaining for a collective agreement, means a provision in the notice specifying the work that the agreement is intended to cover, whether by reference to the work or type of work or employees or types of employees demand notice section 224(1) department dispute dwellinghouse
a: means any building or any part of a building to the extent that it is occupied as a residence; and
b: in relation to a homeworker who works in a building that is not wholly occupied as a residence, excludes any part of the building not occupied as a residence employee section 6 employer employment agreement
a: means a contract of service; and
b: includes a contract for services between an employer and a homeworker; and
c: includes an employee's terms and conditions of employment in—
i: a collective agreement; or
ii: a collective agreement together with any additional terms and conditions of employment; or
iii: an individual employment agreement employment relationship section 4(2) employment relationship problem employment standards
a: the requirements of any of sections 64 69Y 69ZD 69ZE 130
b: the requirements of section 2AAC(a) 2A
ba:
c: the minimum entitlements and payment for those under the Holidays Act 2003
d: the requirements of sections 81 82
e: the minimum entitlements under the Minimum Wage Act 1983
f: the provisions of the Wages Protection Act 1983 essential service Schedule 1 homeworker
a: means a person who is engaged, employed, or contracted by any other person (in the course of that other person's trade or business) to do work for that other person in a dwellinghouse (not being work on that dwellinghouse or fixtures, fittings, or furniture in it); and
b: includes a person who is in substance so engaged, employed, or contracted even though the form of the contract between the parties is technically that of vendor and purchaser individual employment agreement intended agreement Judge an acting Labour Inspector section 223 lawyer section 6 lockout section 82 mediation section 144 mediation services section 144 member of the Authority section 166(1) section 172 minimum entitlement provisions
aaa:
a: the minimum entitlements and payment for those under the Holidays Act 2003
b: the minimum entitlements under the Minimum Wage Act 1983
c: the provisions of the Wages Protection Act 1983 Minister person intending to work intended work personal grievance grievance section 103 prescribed Registrar of the court section 198 Registrar of Unions section 27 reinstatement section 123(1)(a) relevant Acts
a: in sections 223A 223B section 223(1) section 69LA
b: in sections 223D to 223F section 223(1) Part 5 section 69LA strike section 81 union Part 4 wages
a: for time; or
b: for piece work; or
c: wholly or in part by way of commission wages and time record section 130 workplace Section 5 agreed hours of work inserted 1 April 2016 section 6(1) Employment Relations Amendment Act 2016 Section 5 controlling third party inserted 27 June 2020 section 4 Employment Relations (Triangular Employment) Amendment Act 2019 Section 5 coverage clause substituted 1 December 2004 section 7(1) Employment Relations Amendment Act (No 2) 2004 Section 5 dwellinghouse substituted 1 December 2004 section 7(2) Employment Relations Amendment Act (No 2) 2004 Section 5 employment standards inserted 1 April 2016 section 6(1) Employment Relations Amendment Act 2016 Section 5 employment standards replaced 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 5 employment standards repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 5 homeworker amended 1 December 2004 section 7(3) Employment Relations Amendment Act (No 2) 2004 Section 5 intended agreement inserted 1 April 2011 section 4 Employment Relations Amendment Act 2010 Section 5 Judge amended 1 March 2017 section 4(1) Employment Relations Amendment Act (No 2) 2016 Section 5 lawyer inserted 1 March 2017 section 4(2) Employment Relations Amendment Act (No 2) 2016 Section 5 minimum entitlement provisions inserted 1 April 2016 section 6(2) Employment Relations Amendment Act 2016 Section 5 minimum entitlement provisions repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 5 minimum entitlements repealed 1 April 2016 section 6(2) Employment Relations Amendment Act 2016 Section 5 reinstatement inserted 12 December 2018 section 46 Employment Relations Amendment Act 2018 Section 5 relevant Acts replaced 6 March 2015 section 5 Employment Relations Amendment Act 2014 Section 5 wages inserted 12 December 2018 section 4 Employment Relations Amendment Act 2018
5A: Provisions affecting application of amendments to this Act
Schedule 1AA see section 254 Section 5A inserted 6 March 2015 section 6 Employment Relations Amendment Act 2014
6: Meaning of employee
1: In this Act, unless the context otherwise requires, employee
a: means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and
b: includes—
i: a homeworker; or
ii: a person intending to work; but
c: excludes a volunteer who—
i: does not expect to be rewarded for work to be performed as a volunteer; and
ii: receives no reward for work performed as a volunteer.
d:
1A:
2: In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the court or the Authority (as the case may be) must determine the real nature of the relationship between them.
3: For the purposes of subsection (2), the court or the Authority—
a: must consider all relevant matters, including any matters that indicate the intention of the persons; and
b: is not to treat as a determining matter any statement by the persons that describes the nature of their relationship.
4: Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 2008 Sharemilking Agreements Act 1937
4A: Nothing in this section applies to determine the employment status of a person who falls within the meaning of screen production worker in section 11
5: The court may, on the application of a union, a Labour Inspector, or 1 or more other persons, by order declare whether the person or persons named in the application are—
a: employees under this Act; or
b: employees or workers within the meaning of any of the Acts specified in section 223(1)
6: The court must not make an order under subsection (5) in relation to a person unless—
a: the person—
i: is the applicant; or
ii: has consented in writing to another person applying for the order; and
b: the other person who is alleged to be the employer of the person is a party to the application or has an opportunity to be heard on the application.
7: Section 6(1)(d) repealed 30 December 2022 section 101(1) Screen Industry Workers Act 2022 Section 6(1A) repealed 30 December 2022 section 101(1) Screen Industry Workers Act 2022 Section 6(4) amended 16 November 2009 section 173 Real Estate Agents Act 2008 Section 6(4A) inserted 30 December 2022 section 101(2) Screen Industry Workers Act 2022 Section 6(7) repealed 30 December 2022 section 101(3) Screen Industry Workers Act 2022
6A: Status of examples
1: In this Act, an example is only illustrative of the provision it relates to and does not limit the provision.
2: If an example and the provision it relates to are inconsistent, the provision prevails.
3: In this section, example Section 6A inserted 14 September 2006 section 5 Employment Relations Amendment Act 2006
3: Freedom of association
7: Object of this Part
The object of this Part is to establish that—
a: employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and
b: no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union. 1991 No 22 s 5
8: Voluntary membership of unions
A contract, agreement, or other arrangement between persons must not require a person—
a: to become or remain a member of a union or a particular union; or
b: to cease to be a member of a union or a particular union; or
c: not to become a member of a union or a particular union. 1991 No 22 s 6
9: Prohibition on preference
1: A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—
a: any preference in obtaining or retaining employment; or
b: any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.
2: Subsection (1) is not breached simply because an employee's employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.
3: To avoid doubt, this Act does not prevent a collective agreement containing a term or condition that is intended to recognise the benefits—
a: of a collective agreement:
b: arising out of the relationship on which a collective agreement is based. 1991 No 22 s 7 Section 9(3) added 1 December 2004 section 8 Employment Relations Amendment Act (No 2) 2004
10: Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with section 8 section 9
11: Undue influence
1: A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person—
a: to become or remain a member of a union or a particular union; or
b: to cease to be a member of a union or a particular union; or
c: not to become a member of a union or a particular union; or
d: in the case of an individual who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or
e: to resign from or leave any employment on account of the fact that the other person is or, as the case may be, is not a member of a union or of a particular union.
2: Every person who contravenes subsection (1) is liable to a penalty under this Act imposed by the Authority. 1991 No 22 s 8
4: Recognition and operation of unions
12: Object of this Part
The object of this Part is—
a: to recognise the role of unions in promoting their members' collective employment interests; and
b: to provide for the registration of unions that are accountable to their members; and
c: to confer on registered unions the right to represent their members in collective bargaining; and
d: to provide representatives of registered unions with reasonable access to workplaces for purposes related to—
i: the employment of the union’s members; and
ii: the union’s business; and
iii: the health and safety of employees who are not members of the union. Section 12(d) replaced 12 December 2018 section 5 Employment Relations Amendment Act 2018 Registration of unions and related matters
13: Application by society to register as union
1: A society that is entitled to be registered as a union may apply to the Registrar of Unions to be registered as a union under this Act.
2: An application must be made in the prescribed manner and must be accompanied by—
a: a copy of the society's certificate of incorporation under the Incorporated Societies Act 1908
b: a copy of the society's rules as registered under that Act; and
c: a statutory declaration made by an officer of the society setting out the reasons why the society is entitled to be registered as a union.
14: When society entitled to be registered as union
1: A society is entitled to be registered as a union if—
a: the object or, if the society has more than 1 object, an object of the society is to promote its members' collective employment interests; and
b: the society is incorporated under the Incorporated Societies Act 1908
c: the society's rules are—
i: not unreasonable; and
ii: democratic; and
iii: not unfairly discriminatory or unfairly prejudicial; and
iv: not contrary to law; and
ca: the society's rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and
d: the society is independent of, and is constituted and operates at arm's length from, any employer.
1A:
1B:
2: In deciding whether a society is entitled to be registered as a union, the Registrar of Unions may rely on the statutory declaration made under section 13(2)(c) Section 14(1)(ca) inserted 15 May 2012 section 5 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 Section 14(1A) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 14(1B) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023
15: Registration of society as union
1: The Registrar of Unions must register a society as a union if the society—
a: applies, in accordance with section 13
b: is entitled to be registered as a union.
2: Immediately after registering a union, the Registrar of Unions must give a certificate of registration in the prescribed form to the union.
3: The certificate of registration is conclusive evidence that—
a: all the requirements of this Act relating to the registration of the union have been complied with; and
b: on and from the date of registration stated in the certificate, the union is registered as a union under this Act.
16: Annual return of members
1: A union must deliver to the Registrar of Unions, not later than 1 June in each calendar year, an annual return of members, stating how many members it had as at 1 March in that year.
2: If a union has delivered, or will deliver, information required under this section to the Registrar of Screen Industry Organisations under section 85 Section 16(2) inserted 30 December 2022 section 102 Screen Industry Workers Act 2022
17: Cancellation of union's registration
1: The Registrar of Unions may cancel the registration of a union under this Act, but only if—
a: the union applies to the Registrar of Unions to cancel its registration; or
b: the Authority makes an order directing the Registrar of Unions to cancel the union's registration.
2: The Authority may make an order for the purposes of subsection (1)(b) only if the union has ceased to comply with section 14(1) Union's right to represent members
18: Union entitled to represent members' interests
1: A union is entitled to represent its members in relation to any matter involving their collective interests as employees.
2: This Act does not prevent a union offering different classes of membership.
3: A union may represent an employee in relation to the employee's individual rights as an employee only if the union has an authority from the employee to do so given under section 236
18A: Union delegates entitled to reasonable paid time to represent employees
1: An employee is entitled to spend reasonable paid time undertaking union activities during the employee’s normal hours of work if—
a: the employee has been appointed or elected as a union delegate, in accordance with the rules or procedures of the union, to represent other employees of the employee’s employer who are members of the union on matters relating to their employment; and
b: the activities relate to representation of employees of the employer; and
c: the activities would not unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.
2: Before undertaking activities under subsection (1), an employee must—
a: agree with the employer that the employee may undertake activities under this section from time to time without notice; or
b: notify the employer—
i: when the employee intends to undertake the activities; and
ii: how long the employee intends to spend undertaking the activities.
3: The employer may refuse to allow an employee to undertake the activities only if the employer is satisfied, on reasonable grounds, that the activities would unreasonably disrupt the employer’s business or the union delegate’s performance of employment duties.
4: An employer must pay the employee for any time spent undertaking union activities under subsection (1) at the rate of pay that the employee would otherwise have received if the employee were performing their ordinary employment duties during that time.
5: This section does not prevent an employer from providing an employee with enhanced or additional entitlements to spend paid time undertaking union activities on a basis agreed with the employee. Section 18A inserted 6 May 2019 section 6 Employment Relations Amendment Act 2018 Access to workplaces
19: Workplace does not include dwellinghouse
For the purposes of sections 20 to 25 workplace
20: Access to workplaces
1: A representative of a union is entitled, in accordance with this section and sections 20A 21
a: purposes related to the employment of the union’s members:
b: purposes related to the union’s business:
c: purposes related to the health and safety of any employee on the premises who is not a member of the union, if the employee requests the assistance of a representative of the union on those matters.
2: The purposes related to the employment of a union's members include—
a: to participate in bargaining for a collective agreement:
b: to deal with matters concerning the health and safety of union members:
c: to monitor compliance with the operation of a collective agreement:
d: to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:
e: with the authority of an employee, to deal with matters relating to an individual employment agreement or a proposed individual employment agreement or an individual employee's terms and conditions of employment or an individual employee's proposed terms and conditions of employment:
f: to seek compliance with relevant requirements in any case where non-compliance is detected.
3: The purposes related to a union's business include—
a: to discuss union business with union members:
b: to seek to recruit employees as union members:
c: to provide information on the union and union membership to any employee on the premises.
4: A discussion in a workplace between an employee and a representative of a union, who is entitled under this section and sections 20A 21
a: must not exceed a reasonable duration; and
b: is not to be treated as a union meeting for the purposes of section 26
5: An employer must not deduct from an employee's wages any amount in respect of the time the employee is engaged in a discussion referred to in subsection (4). 1991 No 22 ss 13, 14(1) Section 20(1) replaced 12 December 2018 section 7 Employment Relations Amendment Act 2018 Section 20(4) added 1 December 2004 section 9 Employment Relations Amendment Act (No 2) 2004 Section 20(4) amended 1 April 2011 section 5 Employment Relations Amendment Act 2010 Section 20(5) added 1 December 2004 section 9 Employment Relations Amendment Act (No 2) 2004
20A: Representative of union must obtain consent to enter workplace
1: Before entering a workplace under section 21
1A: However, subsection (1) does not apply to a representative of a union if,—
a: at the time of the representative’s entry into the workplace,—
i: there is a collective agreement in force between the employer and the union; and
ii: the coverage clause in the collective agreement covers the work done by employees at the workplace; or
b: at the time of the representative’s entry into the workplace,—
i: the union or the employer has initiated bargaining for a collective agreement; and
ii: the intended coverage of the collective agreement, as set out in the notice given in accordance with section 42
2: If a representative of a union makes a request under subsection (1),—
a: the employer or representative of the employer must not unreasonably withhold consent; and
b: the employer or representative of the employer must advise the representative of the union of the employer's or representative of the employer's decision as soon as is reasonably practicable but no later than the working day after the date on which the request was received; and
c: the consent of the employer or representative of the employer (as the case may be) must be treated as having been obtained if the employer or representative of the employer does not respond to the request within 2 working days after the date on which the request was received.
3: If an employer or a representative of an employer withholds consent under subsection (2), the employer or representative of the employer must, as soon as is reasonably practicable but no later than the working day after the date of the decision, give reasons in writing for that decision to the representative of the union who made the request.
4: This section is subject to sections 22 23 Section 20A inserted 1 April 2011 section 6 Employment Relations Amendment Act 2010 Section 20A(1A) inserted 12 December 2018 section 8 Employment Relations Amendment Act 2018
21: Conditions relating to access to workplaces
1: A representative of a union may enter a workplace—
a: for a purpose specified in section 20(2)
b: for a purpose specified in section 20(3)
2: A representative of a union exercising the right to enter a workplace—
a: may do so only at reasonable times during any period when any employee is employed to work in the workplace; and
b: must do so in a reasonable way, having regard to normal business operations in the workplace; and
c: must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to—
i: safety or health; or
ii: security.
3: A representative of a union exercising the right to enter a workplace must, at the time of the initial entry and, if requested by the employer or a representative of the employer or by a person in control of the workplace, at any time after entering the workplace,—
a: give the purpose of the entry; and
b: produce—
i: evidence of his or her identity; and
ii: evidence of his or her authority to represent the union concerned.
4: If a representative of a union exercises the right to enter a workplace and is unable, despite reasonable efforts, to find the employer or a representative of the employer or the person in control of the workplace, the representative must leave in a prominent place in the workplace a written statement of—
a: the identity of the person who entered the premises; and
b: the union the person is a representative of; and
c: the date and time of entry; and
d: the purpose or purposes of the entry.
5: Nothing in subsections (1) to (4) allows an employer to unreasonably deny a representative of a union access to a workplace.
5: 1991 No 22 s 14(2)–(4) Section 21(5) inserted 12 December 2018 section 9 Employment Relations Amendment Act 2018 Section 21(5) repealed 1 April 2011 section 7 Employment Relations Amendment Act 2010
22: When access to workplaces may be denied
1: A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice—
a: the security or defence of New Zealand; or
b: the investigation or detection of offences.
2: A certificate given in accordance with subsection (3) is conclusive evidence that grounds exist under subsection (1) for denying entry to the premises or part of the premises.
3: A certificate is given in accordance with this subsection if—
a: it is given by the Attorney-General; and
b: it certifies, in respect of the premises or part of the premises concerned, that permitting entry under section 20
i: the security or defence of New Zealand; or
ii: the investigation or detection of offences. 1991 No 22 s 15
23: When access to workplaces may be denied on religious grounds
A representative of a union may be denied access to a workplace if—
a: all the employees employed in the workplace are employed by an employer who holds a current certificate of exemption issued under section 24
b: none of the employees employed in the workplace is a member of a union; and
c: there are no more than 20 employees employed to work in the workplace.
24: Issue of certificate of exemption
1: The chief executive may, for the purposes of section 23
2: The chief executive may revoke a certificate of exemption if—
a: the employer to whom it has been issued agrees; or
b: it was issued in error; or
c: the chief executive is satisfied that the employer has ceased to be a person eligible to be issued with the certificate. Section 24(1) amended 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023
25: Penalty for certain acts in relation to entering workplace
Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,—
a: contravenes section 20A(2)(a) section 20A(1)
ab: fails to give reasons in writing for withholding consent to access to a workplace in accordance with section 20A(3)
ac: refuses to permit a representative of a union who is entitled to enter a workplace to enter the workplace; or
b: obstructs a representative of a union in entering a workplace or in doing anything reasonably necessary for or incidental to the purpose for entering the workplace; or
c: wilfully fails to comply with section 21 1991 No 22 s 14(5) Section 25(a) substituted 1 April 2011 section 8 Employment Relations Amendment Act 2010 Section 25(ab) inserted 1 April 2011 section 8 Employment Relations Amendment Act 2010 Section 25(ac) inserted 12 December 2018 section 10 Employment Relations Amendment Act 2018 Union meetings
26: Union meetings
1: An employer must allow every union member employed by the employer to attend—
a: at least 1 union meeting (of a maximum of 2 hours' duration) in the calendar year 2000; and
b: at least 2 union meetings (each of a maximum of 2 hours' duration) in each calendar year after the calendar year 2000.
2: The union must give the employer at least 14 days' notice of the date and time of any union meeting to which subsection (1) applies.
3: The union must make such arrangements with the employer as may be necessary to ensure that the employer's business is maintained during any union meeting to which subsection (1) applies, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer's operations to continue.
4: Work must resume as soon as practicable after the meeting, but the employer is not obliged to pay any union member for a period longer than 2 hours in respect of any meeting.
5: An employer must allow a union member employed by the employer to attend a union meeting under subsection (1) on ordinary pay to the extent that the employee would otherwise be working for the employer during the meeting.
6: For the purposes of subsection (5), the union must—
a: supply to the employer a list of members who attended the union meeting; and
b: advise the employer of the duration of the meeting.
7: Every employer who fails to allow a union member to attend a union meeting in accordance with this section is liable to a penalty imposed by the Authority. 1987 No 77 s 57 Registrar of Unions
27: Registrar of Unions
1: The chief executive may appoint an employee of the department to be the Registrar of Unions, and may appoint another employee of the department to be the Deputy Registrar of Unions.
2: An employee appointed under subsection (1) may also hold any other office or position in the department.
3: Subject to the control and direction of the Registrar of Unions, the Deputy Registrar of Unions has and may exercise all the powers, duties, and functions of the Registrar.
28: Registrar of Unions may seek directions of Authority
1: The Registrar of Unions may apply to the Authority for directions relating to the exercise of his or her powers, duties, or functions under this Part.
2: An application must be served on all persons who, in the Registrar's opinion, are interested in the application.
29: Persons who have standing in proceedings relating to unions
The following persons have standing to commence or be a party to or be heard on matters within the Authority's jurisdiction that relate to a union under this Part:
a: the union:
b: a member of the union:
c: another union with a direct interest in the proceedings:
d: the Registrar of Unions:
e: an employer who is directly affected by the existence of the union or its activities:
f: with the leave of the Authority, any other person.
30: Offence to mislead Registrar
Every person commits an offence and is liable on conviction by the court to a fine not exceeding $5,000 who does or says anything, or omits to do or say anything, with the intention of misleading or attempting to mislead the Registrar of Unions. Employer’s information sharing obligations Heading inserted 6 May 2019 section 11 Employment Relations Amendment Act 2018
30A: Union may provide employer with information about role and functions of union to pass on to prospective employees
1: A union that is a party to a collective agreement may, at any time, request an employer that is a party to the agreement to provide certain specified information about the role and functions of the union to prospective employees under section 63B(3)(b)
2: The union must—
a: specify the information that the union requests the employer to provide to prospective employees; and
b: specify the form in which the union requests the employer to provide the information to prospective employees; and
c: provide the information to the employer in the specified form.
3: The employer or a representative of the employer may refuse to comply with the request only if—
a: the information is confidential; or
b: the information—
i: is about the employer; and
ii: would, or is likely to, mislead or deceive the prospective employee; and
iii: would significantly undermine bargaining between the employer and the prospective employee.
4: An employer who agrees to comply with the request must provide the information to prospective employees under section 63B(3)(b)
5: An employer must be treated as having agreed to comply with the request if the employer or a representative of the employer does not respond to the request within 15 working days.
6: If the union requests under subsection (2)(b) that the employer provide hard copies of the information to prospective employees,—
a: the union must supply to the employer any hard copies of the information that the employer is requested to provide to prospective employees; and
b: the employer must notify the union in writing when the employer requires further hard copies of the information to comply with the request. Section 30A inserted 6 May 2019 section 11 Employment Relations Amendment Act 2018
5: Collective bargaining
31: Object of this Part
The object of this Part is—
a: to provide the core requirements of the duty of good faith in relation to collective bargaining; and
aa: to provide that the duty of good faith in section 4
aa:
b: to provide for 1 or more codes of good faith to assist the parties to understand what good faith means in collective bargaining; and
c: to recognise the view of parties to collective bargaining as to what constitutes good faith; and
d: to promote orderly collective bargaining; and
e: to ensure that employees confirm proposed collective bargaining for a multi-party collective agreement. Section 31(aa) inserted 6 May 2019 section 12 Employment Relations Amendment Act 2018 Section 31(aa) repealed 6 March 2015 section 7 Employment Relations Amendment Act 2014 Good faith
32: Good faith in bargaining for collective agreement
1: The duty of good faith in section 4
a: the union and the employer must use their best endeavours to enter into an arrangement, as soon as possible after the initiation of bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and
b: the union and the employer must meet each other, from time to time, for the purposes of the bargaining; and
c: the union and employer must consider and respond to proposals made by each other; and
ca: even though the union and the employer have come to a standstill or reached a deadlock about a matter, they must continue to bargain (including doing the things specified in paragraphs (b) and (c)) about any other matters on which they have not reached agreement; and
ca:
d: the union and the employer—
i: must recognise the role and authority of any person chosen by each to be its representative or advocate; and
ii: must not (whether directly or indirectly) bargain about matters relating to terms and conditions of employment with persons whom the representative or advocate are acting for, unless the union and employer agree otherwise; and
iii: must not undermine or do anything that is likely to undermine the bargaining or the authority of the other in the bargaining; and
e: the union and employer must provide to each other, on request and in accordance with section 34
2: Subsection (1)(b) does not require a union and an employer to continue to meet each other about proposals that have been considered and responded to.
3: The matters that are relevant to whether a union and an employer bargaining for a collective agreement are dealing with each other in good faith include—
a: the provisions of a code of good faith that are relevant to the circumstances of the union and the employer; and
b: the provisions of any agreement about good faith entered into by the union and the employer; and
c: the proportion of the employer's employees who are members of the union and to whom the bargaining relates; and
d: any other matter considered relevant, including background circumstances and the circumstances of the union and the employer.
4: For the purposes of subsection (3)(d), circumstances
a: the operational environment of the union and the employer; and
b: the resources available to the union and the employer.
5: This section does not limit the application of the duty of good faith in section 4
6: To avoid doubt, this section does not prevent an employer from communicating with the employer's employees during collective bargaining (including, without limitation, the employer's proposals for the collective agreement) as long as the communication is consistent with subsection (1)(d) of this section and the duty of good faith in section 4 Section 32(1)(ca) inserted 6 May 2019 section 13 Employment Relations Amendment Act 2018 Section 32(1)(ca) repealed 6 March 2015 section 8 Employment Relations Amendment Act 2014 Section 32(6) added 1 April 2011 section 9 Employment Relations Amendment Act 2010
33: Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
1: The duty of good faith in section 4
2: For the purposes of subsection (1), genuine reason
a: opposition or objection in principle to—
i: bargaining for, or being a party to, a collective agreement; or
ii: including rates of wages or salary in a collective agreement; or
b: disagreement about including a bargaining fee clause under Part 6B
c: the existence of an unsettled pay equity claim between an employer and a claimant under the Equal Pay Act 1972
d:
e:
3: For the purposes of subsection (1), opposition to concluding a multi-employer collective agreement is a genuine reason not to conclude a collective agreement if that opposition is based on reasonable grounds.
4: Clause 6
5: In this section and in clause 6 multi-employer collective agreement Section 33 replaced 6 May 2019 section 14 Employment Relations Amendment Act 2018 Section 33(2)(c) inserted 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 33(2)(d) repealed 14 May 2025 section 51 Equal Pay Amendment Act 2025 Section 33(2)(e) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023
34: Providing information in bargaining for collective agreement
1: This section applies for the purposes of section 32(1)(e)
2: A request by a union or an employer to the other for information must—
a: be in writing; and
b: specify the nature of the information requested in sufficient detail to enable the information to be identified; and
c: specify the claim or the response to a claim in respect of which information to support or substantiate the claim or the response is requested; and
d: specify a reasonable time within which the information is to be provided.
3: A union or an employer must provide the information requested—
a: direct to the other; or
b: to an independent reviewer if the union or employer providing the information reasonably considers that it should be treated as confidential information.
4: A person must not act as an independent reviewer unless appointed by mutual agreement of the union and employer.
5: As soon as practicable after receiving information under subsection (3), an independent reviewer must—
a: decide whether and, if so, to what extent the information should be treated as confidential; and
b: advise the union and employer concerned of the decision.
6: If an independent reviewer decides that the information should be treated as confidential, the independent reviewer must—
a: decide whether and, if so, to what extent the information supports or substantiates the claim or the response to a claim in respect of which the information is requested; and
b: advise the union and employer concerned of the decision in a way that maintains the confidentiality of the information; and
c: answer any questions from the union or employer that requested the information, in a way that maintains the confidentiality of the information.
7: Unless the union and employer otherwise agree, information provided under subsection (3) and advice and answers provided under subsections (5) and (6)—
a: must be used only for the purposes of the bargaining concerned; and
b: must be treated as confidential by the persons conducting the bargaining concerned; and
c: must not be disclosed by those persons to anyone else, including persons who would be bound by the collective agreement being bargained for.
8: This section does not limit or affect the Privacy Act 2020
9: Nothing in the Official Information Act 1982 section 6 section 32(1)(e) Section 34(8) amended 1 December 2020 section 217 Privacy Act 2020 Codes of good faith
35: Codes of good faith
1: The Minister may, by notice in the Gazette
a: approve 1 or more codes of good faith recommended by the committee appointed under section 36
b: approve 1 or more codes of good faith if section 37
2: The notice in the Gazette
3: The purpose of a code of good faith is to provide guidance about the application of the duty of good faith in section 4
a: generally; or
b: in relation to particular types of situations; or
c: in relation to particular parts or areas of the employment environment.
36: Appointment of committee to recommend codes of good faith
1: The Minister may appoint a committee for the purpose of recommending to the Minister 1 or more codes of good faith.
2: The membership of the committee must comprise—
a: at least 1 person who represents unions; and
b: at least 1 person who represents employers' organisations; and
c: such other persons as the Minister thinks fit to appoint.
3: The Minister must appoint the same number of persons under both subsection (2)(a) and subsection (2)(b).
4: The chairperson of the committee is the member appointed by the Minister to be the chairperson.
5: Subject to any directions given to it by the Minister, the committee may determine its own procedure.
37: Minister may approve code of good faith not recommended by committee
1: The Minister may approve a code of good faith under section 35(1)(b)
a: the committee has not recommended a code of good faith within a time specified by the Minister; or
b: the Minister declines to approve a code of good faith recommended by the committee.
2: Before the Minister approves a code of good faith under section 35(1)(b)
3: If the Minister declines to approve a code of good faith recommended by the committee, the Minister must notify the committee—
a: that the Minister has declined to approve the code; and
b: of the reasons for declining to approve the code.
38: Amendment and revocation of code of good faith
A code of good faith may be amended or revoked in the same manner as the code is approved.
39: Authority or court may have regard to code of good faith
The Authority or court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement, have regard to a code of good faith approved under section 35
a: was in force at the relevant time; and
b: in the form in which it was then in force, related to the circumstances before the Authority or the court. Bargaining
40: Who may initiate bargaining
1: Bargaining for a collective agreement may be initiated by—
a: 1 or more unions with 1 or more employers; or
b: 1 or more employers with 1 or more unions.
2: However, bargaining for a collective agreement may not be initiated by an employer (whether alone or with other employers) unless the coverage clause will cover work (whether in whole or in part) that is or was covered by another collective agreement to which the employer is or was a party.
41: When bargaining may be initiated
1: If there is no applicable collective agreement in force between a union and an employer, the union or the employer may initiate bargaining with the other at any time.
2: Subsection (1) applies subject to section 40(2)
3: If there is an applicable collective agreement in force,—
a: a union must not initiate bargaining earlier than 60 days before the date on which the collective agreement expires:
b: an employer must not initiate bargaining earlier than 40 days before the date on which the collective agreement expires.
4: However, if there is more than 1 applicable collective agreement in force that binds 1 or more unions or 1 or more employers, or both, that are intended to be parties to the bargaining, then—
a: a union must not initiate bargaining before the later of the following dates:
i: the date that is 120 days before the date on which the last applicable collective agreement expires:
ii: the date that is 60 days before the date on which the first applicable collective agreement expires:
b: an employer must not initiate bargaining before the later of the following dates:
i: the date that is 100 days before the date on which the last applicable collective agreement expires:
ii: the date that is 40 days before the date on which the first applicable collective agreement expires.
5: For the purposes of this section, an applicable collective agreement is in force between a union and an employer if the agreement binds employees whose work is intended to come within the coverage clause in the collective agreement being bargained for. Section 41(3) replaced 12 December 2018 section 15 Employment Relations Amendment Act 2018 Section 41(4) replaced 12 December 2018 section 15 Employment Relations Amendment Act 2018
42: How bargaining initiated
1: A union or employer initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2).
2: A notice complies with this subsection if—
a: it is in writing and signed by the union or the employer giving the notice or its duly authorised representative; and
b: it identifies each of the intended parties to the collective agreement; and
c: it identifies the intended coverage of the collective agreement.
43: Employees' attention to be drawn to initiation of bargaining
1: An employer that initiates bargaining or that receives a notice initiating bargaining for a collective agreement must
2: An employer must comply with subsection (1)—
a: as soon as possible; but
b: not later than—
i: 10 days after initiating the bargaining or receiving the notice, if only 1 employer is identified as an intended party to the bargaining:
ii: 15 days after initiating the bargaining or receiving the notice, if 2 or more employers are identified as intended parties to the bargaining. Section 43(1) amended 6 March 2015 section 11(1) Employment Relations Amendment Act 2014 Section 43(2) inserted 6 March 2015 section 11(2) Employment Relations Amendment Act 2014
44: When bargaining initiated
1: Bargaining for a collective agreement is initiated,—
a: if only 1 notice is required under section 42
b: if more than 1 notice is required under section 42
2: Consolidated bargaining for a single collective agreement under section 50
44A: Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
Section 44A repealed 12 December 2018 section 16 Employment Relations Amendment Act 2018
44B: How to opt out
Section 44B repealed 12 December 2018 section 16 Employment Relations Amendment Act 2018
44C: Effect of opting out
Section 44C repealed 12 December 2018 section 16 Employment Relations Amendment Act 2018
45: One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
1: This section applies to—
a: 1 union proposing to initiate bargaining with 2 or more employers for a single collective agreement:
b: 2 or more unions proposing to initiate bargaining with 1 or more employers for a single collective agreement.
2: Before bargaining for the single collective agreement is initiated under section 42
3: A secret ballot may be held only if the members of the union employed by the employer are—
a: not covered by an applicable collective agreement that is in force; or
b: covered by an applicable collective agreement that is in force and the secret ballot is held not earlier than 60 days before the time within which bargaining may be initiated by the union under section 41
4: The result of a secret ballot of members of the union employed by an employer is determined by a simple majority of the members who are entitled to vote and who do vote.
5: If, at the conclusion of the secret ballots, 2 or more secret ballots have resulted in a decision in favour of bargaining for a single collective agreement, then the union proposing to initiate bargaining for a single collective agreement may initiate bargaining by giving a notice in accordance with section 42
6: The notice must include the following additional information in respect of each employer whose employees voted in a secret ballot:
a: the name of the employer; and
b: the number of the employer's employees who are members of the union; and
c: the number of those members who voted; and
d: the number of those members who voted in favour of bargaining for a single collective agreement.
46: Terms of question for secret ballot
The question to be voted on in a secret ballot for the purposes of section 45
a: whether the member is in favour of bargaining for a single collective agreement, irrespective of the employers or unions concerned; or
b: whether the member is in favour of bargaining for a single collective agreement with named employers or unions; or
c: whether the member is in favour of bargaining for a single collective agreement except with 1 or more named employers or unions.
47: When secret ballots required after employer initiates bargaining for single collective agreement
1: This section applies to—
a: 2 or more unions in relation to which 1 employer has initiated bargaining for a single collective agreement:
b: 1 or more unions in relation to which 2 or more employers have initiated bargaining for a single collective agreement.
2: A union to which subsection (1)(a) applies must hold a secret ballot of its members employed by the employer if the union considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.
3: A union to which subsection (1)(b) applies must hold a secret ballot of its members employed by an employer to which subsection (1)(b) applies if it considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.
4: A secret ballot held under subsection (2) or subsection (3) must be held in accordance with sections 45 46
5: At the conclusion of a secret ballot, the union must inform the following employers of the result of the secret ballot:
a: the employer of the employees in respect of whom the secret ballot has been held; and
b: if subsection (1)(b) applies, the other employers concerned.
6: At the conclusion of the secret ballots, bargaining for a single collective agreement may continue,—
a: where subsection (1)(a) applies, if the members of each of the 2 unions or of a majority of the unions, if more than 2,—
i: have voted in favour of bargaining for a single collective agreement with the employer; or
ii: are considered by their union to be in favour of bargaining for a single collective agreement with the employer; or
iii: both; or
b: where subsection (1)(b) applies, if the members of the union or of each union, if there are 2, or of a majority of the unions, if more than 2,—
i: have voted in favour of bargaining for a single collective agreement with the 2 or more employers; or
ii: are considered by the union or each union, as the case may be, to be in favour of bargaining for a single collective agreement with the 2 or more employers; or
iii: both.
48: When requirement for secret ballot does not apply
Sections 45 46 47
a: the collective agreement is intended to replace a single collective agreement that is in force; and
b: the parties to the bargaining are 2 or more of the same parties to the single collective agreement; and
c: the scope of the coverage clause is not wider than the scope of the coverage clause in the single collective agreement.
49: Parties joining bargaining after it begins
1: A union or employer may become a party to bargaining for a collective agreement after bargaining has been initiated, but only if the requirements of this section are met.
2: The union or employer that wishes to become a party to the bargaining must, at the time that it seeks to become a party, meet the requirements (including but not limited to those for secret ballots) that would have applied if the union or employer had been a party at the initiation of the bargaining.
3: The parties to the bargaining must consent to the union or employer becoming a party to the bargaining.
50: Consolidation of bargaining
1: This section applies if—
a: an employer receives 2 or more notices under section 42
b: the notices relate, in whole or in part, to the same type of work.
2: The employer may, within 40 days after receiving the first notice, request each union concerned to consolidate the bargaining initiated by each notice into bargaining for a single collective agreement.
3: Each union receiving a request under subsection (2) must, within 30 days after receiving the request,—
a: agree to the request; or
b: withdraw the notice given under section 42
4: A union that does not comply with subsection (3) is to be treated as if it had withdrawn the notice given under section 42
5: If all the unions concerned agree to the request, the bargaining initiated by each notice is consolidated into bargaining for a single collective agreement. Facilitating bargaining Heading inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50A: Purpose of facilitating collective bargaining
1: The purpose of sections 50B to 50I
2: Sections 50B to 50I
a: prevent the parties from seeking assistance from another person in resolving the difficulties; or
b: apply to any agreement or arrangement with the other person providing such assistance. Section 50A inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50B: Reference to Authority
1: One or more matters relating to bargaining for a collective agreement may be referred to the Authority for facilitation to assist in resolving difficulties in concluding the collective agreement.
2: A reference for facilitation—
a: may be made by any party to the bargaining or 2 or more parties jointly; and
b: must be made on 1 or more of the grounds specified in section 50C(1) Section 50B inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50C: Grounds on which Authority may accept reference
1: The Authority must not accept a reference for facilitation unless satisfied that 1 or more of the following grounds exist:
a: that—
i: in the course of the bargaining, a party has failed to comply with the duty of good faith in section 4
ii: the failure—
A: was serious and sustained; and
B: has undermined the bargaining:
b: that—
i: the bargaining has been unduly protracted; and
ii: extensive efforts (including mediation) have failed to resolve the difficulties that have precluded the parties from entering into a collective agreement:
c: that—
i: in the course of the bargaining there has been 1 or more strikes or lockouts; and
ii: the strikes or lockouts have been protracted or acrimonious:
d: that—
i: in the course of bargaining, a party has proposed a strike or lockout; and
ii: the strike or lockout, if it were to occur, would be likely to affect the public interest substantially.
2: For the purposes of subsection (1)(d)(ii), a strike or lockout is likely to affect the public interest substantially if—
a: the strike or lockout is likely to endanger the life, safety, or health of persons; or
b: the strike or lockout is likely to disrupt social, environmental, or economic interests and the effects of the disruption are likely to be widespread, long-term, or irreversible.
3: The Authority must not accept a reference in relation to bargaining for which the Authority has already acted as a facilitator unless—
a: circumstances relating to the bargaining have changed; or
b: the bargaining since the previous facilitation has been protracted. Section 50C inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50D: Limitation on which member of Authority may provide facilitation
A member of the Authority who facilitates collective bargaining must not be the member of the Authority who accepted the reference for facilitation. Section 50D inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50E: Process of facilitation
1: The process to be followed during facilitation—
a: must be conducted in private; and
b: is the process determined by the Authority.
2: During facilitation, the collective bargaining that the facilitation relates to continues subject to the process determined by the Authority.
3: During facilitation, the Authority—
a: is not acting as an investigative body; and
b: may not exercise the powers it has for investigating matters.
4: The provision of facilitation by the Authority may not be challenged or called in question in any proceedings on the ground—
a: that the nature and content of the facilitation was inappropriate; or
b: that the manner in which the facilitation was provided was inappropriate. Section 50E inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50F: Statements made by parties during facilitation
1: A statement made by a party for the purposes of facilitation is not admissible against the party in proceedings under this Act or under the Equal Pay Act 1972
2: A party may make a public statement about facilitation only if—
a: it is made in good faith; and
b: it is limited to the process of facilitation or the progress being made. Section 50F inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004 Section 50F(1) replaced 6 November 2020 section 33 Equal Pay Amendment Act 2020
50G: Proposals made or positions reached during facilitation
1: A proposal made by a party or a position reached by parties to collective bargaining during facilitation is not binding on a party after facilitation has come to an end.
2: This section—
a: applies to avoid doubt; and
b: is subject to any agreement of the parties. Section 50G inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50H: Recommendation by Authority
1: While assisting parties to bargaining for a collective agreement, the Authority may make 1 or more recommendations about—
a: the process the parties should follow to reach agreement; or
b: the provisions of the collective agreement the parties should conclude; or
c: both.
2: The Authority may give public notice of a recommendation in such manner as the Authority determines.
3: A recommendation made by the Authority is not binding on a party, but a party must consider a recommendation before deciding whether to accept the recommendation. Section 50H inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50I: Party must deal with Authority in good faith
During facilitation, a party to bargaining for a collective agreement must deal with the Authority in good faith. Section 50I inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004 Determining collective agreement if breach of duty of good faith Heading inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004
50J: Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
1: A party to bargaining for a collective agreement may apply, on the grounds specified in subsection (3), to the Authority for a determination fixing the provisions of the collective agreement being bargained for.
2: The Authority may fix the provisions of the collective agreement being bargained for if it is satisfied that—
a: the grounds in subsection (3) have been made out; and
b: it is appropriate, in all the circumstances, to do so.
3: The grounds are that—
a: a breach of the duty of good faith in section 4
i: has occurred in relation to the bargaining; and
ii: was sufficiently serious and sustained as to significantly undermine the bargaining; and
b: all other reasonable alternatives for reaching agreement have been exhausted; and
c: fixing the provisions of the collective agreement is the only effective remedy for the party or parties affected by the breach of the duty of good faith.
4: The Authority may make a determination under this section whether or not any penalty for a breach of good faith has been awarded under section 4A
5: The effect of a determination of the Authority fixing the provisions of a collective agreement is to make the collective agreement binding and enforceable as if it had been—
a: ratified as required by section 51
b: signed by the parties under section 54(1)(b)
6: Section 59
7: If the bargaining for the collective agreement was subject to facilitation under sections 50A to 50I Section 50J inserted 1 December 2004 section 14 Employment Relations Amendment Act (No 2) 2004 Authority may determine that bargaining has concluded Heading repealed 12 December 2018 section 17 Employment Relations Amendment Act 2018
50K: Authority may determine that bargaining has concluded
Section 50K repealed 12 December 2018 section 17 Employment Relations Amendment Act 2018
50KA: Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
Section 50KA repealed 12 December 2018 section 17 Employment Relations Amendment Act 2018 Collective agreements
51: Ratification of collective agreement
1: A union must not sign a collective agreement or a variation of it unless the agreement or variation has been ratified in accordance with the ratification procedure notified under subsection (2).
2: At the beginning of bargaining for a collective agreement or a variation of it, a union must notify the other intended party or parties to the collective agreement of the procedure for ratification by the employees to be bound by it that must be complied with before the union may sign the collective agreement or variation of it.
52: When collective agreement comes into force and expires
1: A collective agreement comes into force on—
a: the date specified in the agreement as the date on which it comes into force; or
b: if no such date is specified, the date on which the last party to the agreement, or its duly authorised representative, signed the agreement.
2: A collective agreement may provide that 1 or more of its provisions have effect from 1 or more dates before or after the date on which the agreement comes into force.
3: A collective agreement expires on the close of the earliest of the following dates:
a: the date specified in the agreement as the date on which the agreement expires:
b: the date on which an event occurs, being an event that is specified by the agreement as an event on the occurrence of which the agreement expires:
c: the date that is the third anniversary of the agreement coming into force.
4: Subsection (3) applies subject to section 53
53: Continuation of collective agreement after specified expiry date
1: A collective agreement that would otherwise expire as provided in section 52(3)
a: if subsection (2) is complied with; and
b: for the period specified in subsection (3).
2: This subsection is complied with if the union or the employer
2A:
3: The period is the period (not exceeding 12 months) during which bargaining continues for a collective agreement to replace the collective agreement that has expired.
4: Section 53(2) amended 6 March 2015 section 15(1) Employment Relations Amendment Act 2014 Section 53(2A) repealed 12 December 2018 section 18 Employment Relations Amendment Act 2018 Section 53(4) repealed 12 December 2018 section 18 Employment Relations Amendment Act 2018
54: Form and content of collective agreement
1: A collective agreement has no effect unless—
a: it is in writing; and
b: it is signed by each union and employer that is a party to the agreement.
2: A collective agreement may contain such provisions as the parties to the agreement mutually agree on.
3: However, a collective agreement—
a: must contain—
i: a coverage clause; and
ii: the rates of wages or salary payable to employees bound by the agreement; and
ii:
iii: a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
A: the 12-month period within which a personal grievance must be raised under section 114(1) section 103(1)(d)
B: the 90-day period within which any other personal grievance must be raised under section 114(1)
iv: a clause providing how the agreement can be varied; and
v: the date on which the agreement expires or an event on the occurrence of which the agreement is to expire; and
b: must not contain anything—
i: contrary to law; or
ii: inconsistent with this Act.
4: For the purposes of subsection (3)(a)(ii), a collective agreement contains the rates of wages or salary payable to employees bound by the agreement
a: contains, in respect of the employees bound by the collective agreement (whether by reference to the work or types of work done by the employees or by reference to named employees or types of employees),—
i: the rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or
ii: the minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or
iii: 1 or more methods of calculating the rates or minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; and
b: indicates how the rate of wages or salary payable to an employee bound by the agreement may increase during the term of the agreement. Section 54(3)(a)(ii) inserted 6 May 2019 section 19(1) Employment Relations Amendment Act 2018 Section 54(3)(a)(ii) repealed 1 December 2004 section 15 Employment Relations Amendment Act (No 2) 2004 Section 54(3)(a)(iii) replaced 13 June 2023 section 4 Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 54(4) inserted 6 May 2019 section 19(2) Employment Relations Amendment Act 2018
55: Deduction of union fees
1: A collective agreement is to be treated as if it contains a provision that requires an employer that is a party to the agreement to deduct, with the consent of a union member, the member's union fee from the member's salary or wages on a regular basis during the year.
2: A collective agreement may exclude or vary the effect of subsection (1).
3: Union fees deducted from a member's salary or wages must be paid to the union concerned in accordance with any arrangement agreed with the union.
56: Application of collective agreement
1: A collective agreement that is in force binds and is enforceable by—
a: the union and the employer that are the parties to the agreement; and
b: employees—
i: who are employed by an employer that is a party to the agreement; and
ii: who are or become members of a union that is a party to the agreement; and
iii: whose work comes within the coverage clause in the agreement.
1A: However, an employee who is bound by a collective agreement and who holds a minimum wage exemption permit section 8
a: while the permit is in force; and
b: if the union that is a party to the collective agreement agrees.
2: If the registration of a union that is a party to a collective agreement is cancelled or the union ceases to be an incorporated society, the collective agreement continues to bind the employer or employers who are parties to the agreement, and the members of the union who were bound by the collective agreement immediately before the cancellation of the union's registration or the cessation of the union as an incorporated society.
3: If the union's registration is cancelled as a result of the union's amalgamation with 1 or more other unions, the collective agreement binds the amalgamated union. Section 56(1A) inserted 1 December 2004 section 16 Employment Relations Amendment Act (No 2) 2004 Section 56(1A) amended 28 March 2007 section 5(1) Minimum Wage Amendment Act 2007
56A: Application of collective agreement to subsequent parties
1: An employer who is not a party to a collective agreement may become a party to the collective agreement if—
a: the agreement provides for an employer to become a party to the agreement after it has been signed by the original parties to the agreement; and
b: the work of some or all of the employer's employees comes within the coverage clause in the agreement; and
c: the employees referred to in paragraph (b) are not bound by another collective agreement in respect of their work for the employer; and
d: the employer notifies all the parties to the agreement in accordance with subsection (5) that the employer proposes to become a party to the agreement.
2: On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—
a: the employer becomes a party to the collective agreement; and
b: the collective agreement also binds and is enforceable by—
i: the employer:
ii: employees—
A: who are employed by the employer; and
B: who are or become members of a union that is a party to the agreement; and
C: whose work comes within the coverage clause in the agreement.
3: A union that is not a party to a collective agreement may become a party to the collective agreement if—
a: the agreement provides for a union to become a party to the agreement after it has been signed by the original parties to the agreement; and
b: the union has members doing work that comes within the coverage clause of the collective agreement; and
c: as a result of a secret ballot of those members, a majority of them who are entitled to vote and do vote are in favour of the union becoming a party to the collective agreement; and
d: the union notifies all the parties to the collective agreement in accordance with subsection (5) that the union proposes to become a party to the agreement.
4: On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—
a: the union becomes a party to the collective agreement; and
b: the collective agreement also binds and is enforceable by—
i: the union:
ii: employees—
A: who are employed by an employer that is a party to the agreement; and
B: who are or become members of the union; and
C: whose work comes within the coverage clause in the agreement.
5: For the purposes of this section, a party to a collective agreement is notified—
a: when the notice is given to the party; or
b: if the notice is posted to the party, on the seventh day after the day on which the notice is posted.
6: For the purposes of subsection (1)(b) and (c), employees Section 56A inserted 1 December 2004 section 17 Employment Relations Amendment Act (No 2) 2004
57: Employee bound by only 1 collective agreement in respect of same work
If an employee is a member of more than 1 union, the employee is bound by only 1 collective agreement covering the same work done by the employee, being the collective agreement resulting from the bargaining first initiated which covered the employee's work.
58: Employee who resigns as member of union but does not resign as employee
1: A member of a union who is bound by a collective agreement and who resigns as a member of the union but does not resign from his or her employment, may not be subject to any other bargaining for a collective agreement or bound by any other collective agreement until the 60th day before the expiry date of the collective agreement binding on the member before resigning as a member of the union.
2: For the purposes of subsection (1), the expiry date of a collective agreement is determined under section 52(3) section 53
59: Copy of collective agreement to be delivered to chief executive
1: The parties to a collective agreement must ensure that, as soon as practicable after they enter into the agreement, a copy of the agreement is delivered to the chief executive.
2: The copy of the agreement delivered to the chief executive must include any document referred to, or incorporated by reference, in the collective agreement, unless the document is publicly available.
3: Nothing in the Official Information Act 1982
4: The information contained in the copies of collective agreements delivered to the chief executive under subsection (1) must be used only for statistical or analytical purposes. Undermining collective bargaining or collective agreement Heading inserted 1 December 2004 section 18 Employment Relations Amendment Act (No 2) 2004
59A: Interpretation
In sections 59B 59C reached Section 59A inserted 1 December 2004 section 18 Employment Relations Amendment Act (No 2) 2004
59B: Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
1: It is not a breach of the duty of good faith in section 4
2: However, it is a breach of the duty of good faith in section 4
a: the employer does so with the intention of undermining the collective agreement; and
b: the effect of the employer doing so is to undermine the collective agreement.
3: It is not a breach of the duty of good faith in section 4
4: However, it is a breach of the duty of good faith in section 4
a: the employer does so with the intention of undermining the collective bargaining; or
b: the effect of the employer doing so is to undermine the collective bargaining.
5: It is not a breach of the duty of good faith in section 4
6: In determining whether subsection (2)(a) and (b) or subsection (4)(a) or (b) applies, the following matters must be taken into account:
a: whether the employer bargained with the employee before they agreed on the term or condition of employment:
b: whether the employer consulted the union in good faith before agreeing to the term or condition of employment:
c: the number of the employer's employees bound by the collective agreement or covered by the collective bargaining compared to the number of the employer's employees not bound by the collective agreement or not covered by the collective bargaining:
d: how long the collective agreement has been in force.
e:
7: Subsection (6) does not limit the matters that may be taken into account for the purposes of subsection (2)(a) and (b) or subsection (4)(a) or (b).
8: Every employer who commits a breach of the duty of good faith under this section is liable to a penalty under this Act. Section 59B inserted 1 December 2004 section 18 Employment Relations Amendment Act (No 2) 2004 Section 59B(6)(e) repealed 6 March 2015 section 16 Employment Relations Amendment Act 2014
59C: Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
1: It is not a breach of the duty of good faith in section 4
2: However, it is a breach of the duty of good faith in section 4
a: the intention of the employer is to undermine the other collective agreement; and
b: the effect of the employer doing so is to undermine the other collective agreement.
3: It is not a breach of the duty of good faith in section 4
4: However, it is a breach of the duty of good faith in section 4
a: the employer does so with the intention of undermining the other collective bargaining; or
b: the effect of the employer doing so is to undermine the other collective bargaining.
5: It is not a breach of the duty of good faith in section 4
6: In determining whether subsection (2)(a) and (b) or subsection (4)(a) or (b) applies, the following matters must be taken into account:
a: whether the employer and union bargained before agreeing on the provision:
b: whether the employer and union consulted, in good faith, the parties to the other collective agreement or collective bargaining:
c: the number of the employer's employees bound by the collective agreement or covered by the collective bargaining compared to the number of the employer's employees bound by the other collective agreement or covered by the other collective bargaining:
d: how long the other collective agreement has been in force.
7: Subsection (4) does not limit the matters that may be taken into account for the purposes of subsection (2)(a) and (b) or subsection (4)(a) or (b).
8: Every employer who commits a breach of the duty of good faith under this section is liable to a penalty under this Act. Section 59C inserted 1 December 2004 section 18 Employment Relations Amendment Act (No 2) 2004
6: Individual employees' terms and conditions of employment
60: Object of this Part
The object of this Part is—
a: to specify the rules for determining the terms and conditions of an employee's employment; and
b: to require new employees, whose terms and conditions of employment are not determined with reference to a collective agreement, to be given sufficient information and an adequate opportunity to seek advice before entering into an individual employment agreement; and
c: to recognise that, in relation to individual employees and their employers, good faith behaviour is—
i: promoted by providing protection against unfair bargaining; and
ia: required when entering into and varying individual employment agreements; and
ii: consistent with , but not limited to, Section 60(c)(ia) inserted 1 December 2004 section 19(1) Employment Relations Amendment Act (No 2) 2004 Section 60(c)(ii) amended 1 December 2004 section 19(2) Employment Relations Amendment Act (No 2) 2004 Good faith Heading inserted 6 May 2019 section 20 Employment Relations Amendment Act 2018
60A: Good faith in bargaining for individual employment agreement
1: The matters that are relevant to whether an employee and employer bargaining for an individual employment agreement are dealing with each other in good faith include the circumstances of the employee and employer.
2: For the purposes of subsection (1), circumstances
a: the operational environment of the employee and employer; and
b: the resources available to the employee and employer. Section 60A inserted 1 December 2004 section 20 Employment Relations Amendment Act (No 2) 2004 Terms and conditions of employment if work covered by collective agreement Heading inserted 6 May 2019 section 21 Employment Relations Amendment Act 2018
61: Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
1: The terms and conditions of employment of an employee who is bound by an applicable collective agreement may include any additional terms and conditions that are—
a: mutually agreed to by the employee and the employer, whether before, on, or after the date on which the employee became bound by the collective agreement; and
b: not inconsistent with the terms and conditions in the collective agreement.
2: If the applicable collective agreement expires or the employee resigns from the union that is bound by the agreement,—
a: the employee is employed under an individual employment agreement based on the collective agreement and any additional terms and conditions agreed under subsection (1); and
b: the employee and employer may, by mutual agreement, vary that individual employment agreement as they think fit.
62: Terms and conditions for first 30 days of employment of new employee who is not member of union
1: This section—
a: applies to a new employee who—
i: is not a member of a union that is a party to a collective agreement that covers the work to be done by the employee; and
ii: enters into an individual employment agreement with an employer that is a party to a collective agreement that covers the work to be done by the employee; but
b: does not apply to an employee who—
i: resigns as a member of a union and enters into an individual employment agreement with the same employer; or
ii: enters into a new individual employment agreement with the same employer.
2: For the purposes of subsection (1)(a), a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).
3: For the first 30 days after the new employee commences employment with the employer, the employee's terms and conditions of employment comprise—
a: the terms and conditions in the collective agreement that would bind the employee if the employee were a member of the union (other than any bargaining fee payable under Part 6B
b: any additional terms and conditions mutually agreed to by the employee and employer that are no less favourable to the employee than the terms and conditions in the collective agreement.
4: If the work to be done by the new employee is covered by more than 1 collective agreement, subsection (3)(a) applies to the collective agreement that binds the greatest number of the employer's employees in relation to the work the employee will be performing.
5: No term or condition of employment may be expressed to alter automatically after the 30-day period in a way that makes it less favourable to the employee than the collective agreement.
6: For an employee who holds a minimum wage exemption permit under section 8 Section 62 replaced 6 May 2019 section 22 Employment Relations Amendment Act 2018
62A: Employer must share new employee information with union unless employee objects
1: This section applies to an employer who enters into an individual employment agreement with a new employee under section 62
2: The employer must, within 10 days after the employee commences employment with the employer, provide the employee with a form approved by the chief executive under section 237AA
a: notifying the employer whether the employee intends to join a union (or a particular union):
b: objecting to the employer providing information about the employee to,—
i: if the employee does not intend to join a union, any union; or
ii: if the employee intends to join a particular union, any other union.
3: The form must be accompanied by a notice that—
a: specifies the period during which the employee may complete and return the form, which is the period described in subsection (4); and
b: explains that, unless the employee objects in accordance with this section, the employer will provide the following information to each union that is a party to a collective agreement that covers the work to be done by the employee:
i: the name of the employee:
ii: whether the employee has, during the period,—
A: notified the employer that the employee intends to join the union; or
B: notified the employer that the employee does not intend to join the union; or
C: not completed and returned the form.
4: The employee may complete and return the form during the period that—
a: starts when the employee receives the form; and
b: ends 30 days after the employee commences employment with the employer.
5: The employer must, within 10 working days of the expiry of the period described in subsection (4), provide the following to each union that is a party to a collective agreement that covers the work to be done by the employee (unless the employee has objected in accordance with this section):
a: the name of the employee:
b: if the employee completes and returns a form in accordance with this section, the completed form:
c: if the employee does not complete and return the form in accordance with this section, notice that the employee did not complete and return the form.
6: Nothing in this section limits or affects the right of an employee to become, or not to become, a member of a union or a particular union at any time.
7: An employer who fails to comply with this section is liable to a penalty imposed by the Authority. Section 62A inserted 6 May 2019 section 22 Employment Relations Amendment Act 2018
63: Terms and conditions of employment of employee who is not member of union after expiry of 30-day period
1: This section applies after the expiry of the 30-day period described in section 62(3)
2: The employee and the employee’s employer may, by mutual agreement, vary the individual employment agreement entered into under section 62 Section 63 inserted 6 May 2019 section 22 Employment Relations Amendment Act 2018
63: Terms and conditions of employment of new employee who is not member of union
Section 63 repealed 6 March 2015 section 18 Employment Relations Amendment Act 2014 Bargaining Heading inserted 6 May 2019 section 22 Employment Relations Amendment Act 2018
63A: Bargaining for individual employment agreement or individual terms and conditions in employment agreement
1: This section applies when bargaining for terms and conditions of employment in the following situations:
a: under section 61(1)
b: under section 61(2)
i: additional terms and conditions to the collective agreement on which the individual employment agreement is based; and
ii: variations to the individual employment agreement in subparagraph (i):
c: under section 62(3)
c:
d: under section 63(2)
d:
e: in relation to the terms and conditions of an individual employment agreement (including any variations to that agreement) for an employee if no collective agreement covers the work done, or to be done, by the employee:
f: where a fixed term of employment, or probationary or trial period of employment, is proposed:
g: under section 69OJ
h: under section 69N
2: The employer must do at least the following things:
a: provide to the employee a copy of the intended agreement
b: advise the employee that he or she is entitled to seek independent advice about the intended agreement
c: give the employee a reasonable opportunity to seek that advice; and
d: consider any issues that the employee raises and respond to them.
3: Every employer who fails to comply with this section is liable to a penalty imposed by the Authority.
4: Failure to comply with this section does not affect the validity of the employment agreement between the employee and the employer.
5: The requirements imposed by this section are in addition to any requirements that may be imposed under any provision in this Act.
6: For the purpose of subsection (1)(e), a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).
6:
7: In this section, employee Section 63A inserted 1 December 2004 section 23 Employment Relations Amendment Act (No 2) 2004 Section 63A(1)(c) inserted 6 May 2019 section 23(1) Employment Relations Amendment Act 2018 Section 63A(1)(c) repealed 6 March 2015 section 19(1) Employment Relations Amendment Act 2014 Section 63A(1)(d) inserted 6 May 2019 section 23(1) Employment Relations Amendment Act 2018 Section 63A(1)(d) repealed 6 March 2015 section 19(1) Employment Relations Amendment Act 2014 Section 63A(1)(e) replaced 6 May 2019 section 23(2) Employment Relations Amendment Act 2018 Section 63A(1)(g) amended 6 March 2015 section 19(3) Employment Relations Amendment Act 2014 Section 63A(1)(h) amended 6 March 2015 section 19(4) Employment Relations Amendment Act 2014 Section 63A(2)(a) amended 1 April 2011 section 10(1) Employment Relations Amendment Act 2010 Section 63A(2)(b) amended 1 April 2011 section 10(2) Employment Relations Amendment Act 2010 Section 63A(6) inserted 6 May 2019 section 23(3) Employment Relations Amendment Act 2018 Section 63A(6) repealed 6 March 2015 section 19(5) Employment Relations Amendment Act 2014
63B: Additional employer obligations when bargaining for terms and conditions of employment under section 62
1: This section applies to an employer who is bargaining with a prospective employee for terms and conditions of employment for the first 30 days of an individual employment agreement under section 62(3)
2: The employer must, in addition to doing the things described in section 63A(2)
a: that a collective agreement exists and covers work to be done by the prospective employee; and
b: that the prospective employee may join a union that is a party to the collective agreement; and
c: how to contact the union; and
d: that, if the prospective employee joins the union, the prospective employee will be bound by the collective agreement; and
e: that, if the prospective employee enters into an individual employment agreement with the employer, the prospective employee's terms and conditions of employment will, during the first 30 days of the prospective employee's employment, comprise—
i: the terms and conditions in the collective agreement that would bind the prospective employee if the prospective employee were a member of the union; and
ii: any additional terms and conditions mutually agreed to by the prospective employee and employer that are no less favourable to the employee than the terms and conditions in the collective agreement.
3: The employer must also provide to the prospective employee—
a: a copy of the collective agreement; and
b: any information about the role and functions of the union that the employer is required to provide to prospective employees in accordance with a request by a union under section 30A
4: An employer who fails to comply with this section is liable to a penalty imposed by the Authority. Section 63B inserted 6 May 2019 section 24 Employment Relations Amendment Act 2018 Individual employment agreements Heading inserted 6 May 2019 section 24 Employment Relations Amendment Act 2018
64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment
1: When section 63A
2: If an employer has provided an employee with an intended agreement under section 63A(2)(a)
a: signed the intended agreement; or
b: agreed to any of the terms and conditions specified in the intended agreement.
2A: The employer’s obligation to retain an individual employment agreement or individual terms and conditions of employment under subsection (1), or an intended agreement under subsection (2), includes obligations to ensure that—
a: the employee does not hold the only copy of the agreement, individual terms and conditions of employment, or intended agreement; and
b: the employer’s copy of the agreement, individual terms and conditions of employment, or intended agreement is readily accessible.
3: If requested by the employee, the employer must, as soon as is reasonably practicable, provide the employee with a copy of the employee's—
a: individual employment agreement or current terms and conditions of employment retained under subsection (1); or
b: intended agreement retained under subsection (2).
4: An employer who fails to comply with subsection (1), (2), or (3) is liable, in an action brought by a Labour Inspector or the employee concerned
5: Before bringing an action under subsection (4), the Labour Inspector must—
a: give the employer written notice of the breach of this section; and
b: give the employer 7 working days to remedy the breach by producing a copy of the agreement that was retained in accordance with subsection (1) or (2), or providing a copy of the agreement to the employee in accordance with a request under subsection (3) (as applicable).
6: To avoid doubt, an intended agreement must not be treated as the employee's employment agreement if the employee has not—
a: signed the intended agreement; or
b: agreed to any of the terms and conditions specified in the intended agreement. Section 64 substituted 1 July 2011 section 11 Employment Relations Amendment Act 2010 Section 64(2A) inserted 30 March 2025 section 9(1) Regulatory Systems (Immigration and Workforce) Amendment Act 2025 Section 64(4) amended 1 April 2016 section 7 Employment Relations Amendment Act 2016 Section 64(5)(b) replaced 30 March 2025 section 9(2) Regulatory Systems (Immigration and Workforce) Amendment Act 2025
65: Form and content of individual employment agreement
1: The individual employment agreement of an employee may contain such terms and conditions as the employee and employer think fit, but the employer must ensure that the agreement—
a: is in writing; and
b: complies with the requirements in subsection (2).
2: The
a: must include—
i: the names of the employee and employer concerned; and
ii: a description of the work to be performed by the employee; and
iii: an indication of where the employee is to perform the work; and
iv: any agreed hours of work specified in accordance with section 67C
v: the wages or salary payable to the employee; and
vi: a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
A: the 12-month period within which a personal grievance must be raised under section 114(1) section 103(1)(d)
B: the 90-day period within which any other personal grievance must be raised under section 114(1)
b: must not contain anything—
i: contrary to law; or
ii: inconsistent with this Act.
3:
4: An employer who fails to comply with this section is liable, in an action brought by a Labour Inspector or the employee concerned Section 65 heading replaced 6 March 2015 section 20(1) Employment Relations Amendment Act 2014 Section 65(1) replaced 30 March 2025 section 10(1) Regulatory Systems (Immigration and Workforce) Amendment Act 2025 Section 65(2) amended 30 March 2025 section 10(2) Regulatory Systems (Immigration and Workforce) Amendment Act 2025 Section 65(2)(a)(iv) amended 1 April 2016 section 8(1) Employment Relations Amendment Act 2016 Section 65(2)(a)(vi) replaced 13 June 2023 section 5 Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 65(3) repealed 6 March 2015 section 20(3) Employment Relations Amendment Act 2014 Section 65(4) added 1 April 2011 section 12 Employment Relations Amendment Act 2010 Section 65(4) amended 1 April 2016 section 8(2) Employment Relations Amendment Act 2016 Specific terms and conditions of employment Heading inserted 12 December 2018 section 25 Employment Relations Amendment Act 2018
65A: Deduction of union fees
1: An individual employment agreement of an employee who is a member of a union is to be treated as if it contains a provision that requires the employee's employer to deduct, with the consent of the employee, the employee's union fee from the employee's salary or wages on a regular basis during the year.
2: An individual employment agreement may exclude or vary the effect of subsection (1).
3: Union fees deducted from an employee's salary or wages under subsection (1) must be paid to the union concerned in accordance with any arrangement agreed with the union. Section 65A inserted 1 December 2004 section 26 Employment Relations Amendment Act (No 2) 2004
66: Fixed term employment
1: An employee and an employer may agree that the employment of the employee will end—
a: at the close of a specified date or period; or
b: on the occurrence of a specified event; or
c: at the conclusion of a specified project.
2: Before an employee and employer agree that the employment of the employee will end in a way specified in subsection (1), the employer must—
a: have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and
b: advise the employee of when or how his or her employment will end and the reasons for his or her employment ending in that way.
3: The following reasons are not genuine reasons for the purposes of subsection (2)(a):
a: to exclude or limit the rights of the employee under this Act:
b: to establish the suitability of the employee for permanent employment:
c: to exclude or limit the rights of an employee under the Holidays Act 2003
4: If an employee and an employer agree that the employment of the employee will end in a way specified in subsection (1), the employee's employment agreement must state in writing—
a: the way in which the employment will end; and
b: the reasons for ending the employment in that way.
5: Failure to comply with subsection (4), including failure to comply because the reasons for ending the employment are not genuine reasons based on reasonable grounds, does not affect the validity of the employment agreement between the employee and the employer.
6: However, if the employer does not comply with subsection (4), the employer may not rely on any term agreed under subsection (1)—
a: to end the employee's employment if the employee elects, at any time, to treat that term as ineffective; or
b: as having been effective to end the employee's employment, if the former employee elects to treat that term as ineffective. Section 66(3)(c) added 1 April 2004 section 91(2) Holidays Act 2003 Section 66(4) added 1 December 2004 section 27 Employment Relations Amendment Act (No 2) 2004 Section 66(5) added 1 December 2004 section 27 Employment Relations Amendment Act (No 2) 2004 Section 66(6) added 1 December 2004 section 27 Employment Relations Amendment Act (No 2) 2004
67: Probationary arrangements
1: Where the parties to an employment agreement agree as part of the agreement that an employee will serve a period of probation
a: the fact of the probation
b: neither the fact that the probation
2: Failure to comply with subsection (1)(a) does not affect the validity of the employment agreement between the parties.
3: However, if the employer does not comply with subsection (1)(a), the employer may not rely on any term agreed under subsection (1) that the employee serve a period of probation Section 67(1) amended 1 March 2009 section 6 Employment Relations Amendment Act 2008 Section 67(1)(a) amended 1 March 2009 section 6 Employment Relations Amendment Act 2008 Section 67(1)(b) amended 1 March 2009 section 6 Employment Relations Amendment Act 2008 Section 67(2) added 1 December 2004 section 28 Employment Relations Amendment Act (No 2) 2004 Section 67(3) added 1 December 2004 section 28 Employment Relations Amendment Act (No 2) 2004 Section 67(3) amended 1 March 2009 section 6 Employment Relations Amendment Act 2008
67A: Employment agreement may contain provision for trial period for 90 days or less
1: An employment agreement containing a trial provision may be entered into by an employer and an employee who has not previously been employed by that employer.
2: For the purposes of this section and section 67B trial provision
a: for a specified period (not exceeding 90 days), starting at the beginning of the employee’s employment, the employee is to serve a trial period; and
b: during that period, the employer may dismiss the employee; and
c: if the employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal. Section 67A replaced 23 December 2023 section 4 Employment Relations (Trial Periods) Amendment Act 2023
67B: Effect of trial provision under section 67A
1: This section applies if an employer section 67A
2: An employee whose employment agreement is terminated in accordance with subsection (1) may not bring a personal grievance or legal proceedings in respect of the dismissal.
3: Neither this section nor a trial provision prevents an employee from bringing a personal grievance or legal proceedings on any of the grounds specified in section 103(1)(b) to (k)
4: An employee whose employment agreement contains a trial provision is, in all other respects (including access to mediation services), to be treated no differently from an employee whose employment agreement contains no trial provision or contains a trial provision that has ceased to have effect.
5: Subsection (4) applies subject to the following provisions:
a: in observing the obligation in section 4 employer
b: the employer section 120 Section 67B inserted 1 March 2009 section 7 Employment Relations Amendment Act 2008 Section 67B(1) amended 23 December 2023 section 5(1) Employment Relations (Trial Periods) Amendment Act 2023 Section 67B(3) amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 67B(3) amended 31 March 2017 section 4 Regulatory Systems (Workplace Relations) Amendment Act 2017 Section 67B(5)(a) amended 23 December 2023 section 5(2) Employment Relations (Trial Periods) Amendment Act 2023 Section 67B(5)(b) amended 23 December 2023 section 5(2) Employment Relations (Trial Periods) Amendment Act 2023
67C: Agreed hours of work
1: Hours of work agreed by an employer and employee must be specified as follows:
a: in the case of an employee covered by a collective agreement,—
i: in the collective agreement; and
ii: if section 61
b: in the case of an employee covered by an individual employment agreement, in the employee’s individual employment agreement.
2: In subsection (1), hours of work
a: the number of guaranteed hours of work:
b: the days of the week on which work is to be performed:
c: the start and finish times of work:
d: any flexibility in the matters referred to in paragraph (b) or (c). Section 67C inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016
67D: Availability provision
1: In this section and section 67E availability provision
a: the employee’s performance of work is conditional on the employer making work available to the employee; and
b: the employee is required to be available to accept any work that the employer makes available.
2: An availability provision may only—
a: be included in an employment agreement that specifies agreed hours of work and that includes guaranteed hours of work among those agreed hours; and
b: relate to a period for which an employee is required to be available that is in addition to those guaranteed hours of work.
3: An availability provision must not be included in an employment agreement unless—
a: the employer has genuine reasons based on reasonable grounds for including the availability provision and the number of hours of work specified in that provision; and
b: the availability provision provides for the payment of reasonable compensation to the employee for making himself or herself available to perform work under the provision.
4: An availability provision that is not included in an employment agreement in accordance with subsection (3) is not enforceable against the employee.
5: In considering whether there are genuine reasons based on reasonable grounds for including an availability provision, an employer must have regard to all relevant matters, including the following:
a: whether it is practicable for the employer to meet business demands for the work to be performed by the employee without including an availability provision:
b: the number of hours for which the employee would be required to be available:
c: the proportion of the hours referred to in paragraph (b) to the agreed hours of work.
6: Compensation payable under an availability provision must be determined having regard to all relevant matters, including the following:
a: the number of hours for which the employee is required to be available:
b: the proportion of the hours referred to in paragraph (a) to the agreed hours of work:
c: the nature of any restrictions resulting from the availability provision:
d: the rate of payment under the employment agreement for the work for which the employee is available:
e: if the employee is remunerated by way of salary, the amount of the salary.
7: For the purposes of subsection (3)(b), an employer and an employee who is remunerated for agreed hours of work by way of salary may agree that the employee’s remuneration includes compensation for the employee making himself or herself available for work under an availability provision. Section 67D inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016
67E: Employee may refuse to perform certain work
An employee is entitled to refuse to perform work in addition to any guaranteed hours specified in the employee’s employment agreement if the agreement does not contain an availability provision that provides for the payment of reasonable compensation to the employee for making himself or herself available to perform work under the availability provision. Section 67E inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016
67F: Employee not to be treated adversely because of refusal to perform certain work
1: An employer must not treat adversely an employee who refuses to perform work under section 67E
2: In this section, an employer treats an employee adversely
a: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
b: dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
c: retires that employee, or requires or causes that employee to retire or resign.
3: For the purposes of subsection (2)(b), detriment Section 67F inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016
67G: Cancellation of shifts
1: This section applies in relation to an employee who is required under the employee’s employment agreement to undertake shift work.
2: The employer must not cancel a shift of the employee unless the employee’s employment agreement specifies—
a: a reasonable period of notice that must be given before the cancellation of a shift; and
b: reasonable compensation that must be paid to the employee if the employer cancels a shift of the employee without giving the specified notice.
3: In cancelling a shift of an employee, the employer must—
a: give the employee the notice specified in the employee’s employment agreement under subsection (2)(a); or
b: if that notice is not given, pay to the employee the compensation specified in the employee’s employment agreement under subsection (2)(b).
4: The period of notice specified under subsection (2)(a) must be determined having regard to all relevant factors, including—
a: the nature of the employer’s business, including the employer’s ability to control or foresee the circumstances that have given rise to the proposed cancellation; and
b: the nature of the employee’s work, including the likely effect of the cancellation on the employee; and
c: the nature of the employee’s employment arrangements, including whether there are agreed hours of work in the employee’s employment agreement and, if so, the number of guaranteed hours of work (if any) included among those agreed hours.
5: Compensation specified under subsection (2)(b) must be determined having regard to all relevant matters, including the following:
a: the period of notice specified in the employee’s employment agreement under subsection (2)(a):
b: the remuneration that the employee would have received for working the shift:
c: whether the nature of the work requires the employee to incur any costs in preparing for the shift.
6: Without limiting subsection (5), an employee is entitled to what he or she would have earned for working a shift if—
a: the shift is cancelled and the employee’s employment agreement does not comply with this section; or
b: the shift is cancelled, but the employee has not been notified of the cancellation until the commencement of the shift; or
c: the remainder of a shift is cancelled after the shift has begun.
7: If an employee whose shift is cancelled is entitled, under his or her employment agreement or under subsection (6), to the remuneration that he or she would have earned for working the shift, that remuneration is a part of the employee’s ordinary weekly pay and relevant daily pay for the purposes of sections 8 9
8: To avoid doubt, nothing in this section enables an employer to cancel an employee’s shift if that cancellation would breach the employee’s employment agreement.
9: In this section, shift
a: are continuous or effectively continuous; and
b: may occur at different times on different days of the week. Section 67G inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016
67H: Secondary employment provisions
1: In this section, a secondary employment provision
a: prohibits or restricts the employee from performing work for another person; or
b: prohibits or restricts the employee from performing work for another person without the employer’s consent.
2: A secondary employment provision must not be included in an employee’s employment agreement unless—
a: the employer has genuine reasons based on reasonable grounds for including the provision; and
b: the reasons are stated in the employee’s employment agreement.
3: For the purposes of subsection (2)(a) and without limiting that provision, a genuine reason
a: protecting an employer’s commercially sensitive information; or
b: protecting an employer’s intellectual property rights; or
c: protecting an employer’s commercial reputation; or
d: preventing a real conflict of interest that cannot be managed without including a secondary employment provision.
4: A secondary employment provision in an employee’s employment agreement must not—
a: prohibit the employee from performing work for another person unless it is necessary having regard to the reasons for which the provision is included; or
b: restrict the employee from performing work for another person to a greater extent than is necessary having regard to the reasons for which the provision is included.
5: This section does not limit or affect the law relating to restraint of trade provisions. Section 67H inserted 1 April 2016 section 9 Employment Relations Amendment Act 2016 Unfair bargaining Heading inserted 12 December 2018 section 26 Employment Relations Amendment Act 2018
68: Unfair bargaining for individual employment agreements
1: Bargaining for an individual employment agreement is unfair if—
a: 1 or more of paragraphs (a) to (d) of subsection (2) apply to a party to the agreement ( person A
b: the other party to the agreement ( person B
i: knows of the circumstances described in the paragraph or paragraphs that apply to person A; or
ii: ought to know of the circumstances in the paragraph or paragraphs that apply to person A because person B or the other person is aware of facts or other circumstances from which it can be reasonably inferred that the paragraph or paragraphs apply to person A.
2: The circumstances are that person A, at the time of bargaining for or entering into the agreement,—
a: is unable to understand adequately the provisions or implications of the agreement by reason of diminished capacity due (for example) to—
i: age; or
ii: sickness; or
iii: mental or educational disability; or
iv: a disability relating to communication; or
v: emotional distress; or
b: reasonably relies on the skill, care, or advice of person B or a person acting on person B's behalf; or
c: is induced to enter into the agreement by oppressive means, undue influence, or duress; or
d: where section 63A
3: In this section, individual employment agreement
4: Except as provided in this section, a party to an individual employment agreement must not challenge or question the agreement on the ground that it is unfair or unconscionable. Section 68(2)(d) amended 1 December 2004 section 29 Employment Relations Amendment Act (No 2) 2004
69: Remedies for unfair bargaining
1: If a party to an individual employment agreement is found to have bargained unfairly under section 68
a: make an order that the party pay to the other party such sum, by way of compensation, as the Authority thinks fit:
b: make an order cancelling or varying the agreement:
c: make such other order as it thinks fit in the circumstances.
2: The Authority must not make an order under subsection (1)(b) unless the requirements in section 164
6AA: Flexible working
Part 6AA inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AA: Object of this Part
The object of this Part is to—
a: provide employees with a statutory right to make, or to have made on their behalf, a request for a variation of their working arrangements (other than a variation covered by Part 6AB family
b: require an employer to deal with a request as soon as possible but not later than 1 month
c: provide that an employer may refuse a request only if it cannot be accommodated on certain grounds; and
d: if an employer does not deal with a request in accordance with the process specified in this Part, provide for reference of the matter to a Labour Inspector, then to mediation, and then to the Authority. Section 69AA inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 69AA(a) replaced 1 April 2019 section 4 Domestic Violence—Victims' Protection Act 2018 Section 69AA(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AA(b) amended 6 March 2015 section 22(2) Employment Relations Amendment Act 2014
69AAA: Interpretation
In this Part, unless the context otherwise requires,— additional terms that need variation
a: the location of the employee’s workplace:
b: the employee’s duties at work:
c: the extent of the contact details that the employee must provide to the employer:
d: any other term of the employee’s employment—
i: that is not a term covered by paragraphs (a) to (c) of this definition or by paragraphs (a) to (c) of the definition in this section of working arrangements; and
ii: that, in the employee's view, needs variation to enable the employee to deal with the effects of being a person affected by family child section 8 family violence section 9 mediation section 144 person affected by family violence
a: a person against whom any other person inflicts, or has inflicted, family violence:
b: a person with whom there ordinarily or periodically resides a child against whom any other person inflicts, or has inflicted, family violence request
a: is written; and
b: requests an employer to vary an employee's terms and conditions of employment relating to the employee's working arrangements (other than by making a variation that the employee can request under Part 6AB family
c: is made by the employee or on the employee's behalf working arrangements
a: hours of work:
b: days of work:
c: place of work (for example, at home or at the employee's place of work):
d: if the employee is a person affected by family Section 69AAA inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 69AAA additional terms that need variation inserted 1 April 2019 section 5(1) Domestic Violence—Victims' Protection Act 2018 Section 69AAA additional terms that need variation amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA child inserted 1 April 2019 section 5(1) Domestic Violence—Victims' Protection Act 2018 Section 69AAA child amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA non-compliance with section 69AAE repealed 6 March 2015 section 23 Employment Relations Amendment Act 2014 Section 69AAA person affected by domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA person affected by family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA request replaced 1 April 2019 section 5(2) Domestic Violence—Victims' Protection Act 2018 Section 69AAA request amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AAA working arrangements inserted 1 April 2019 section 5(3) Domestic Violence—Victims' Protection Act 2018 Section 69AAA working arrangements amended 1 July 2019 section 259(1) Family Violence Act 2018 Employee's statutory right to make request Heading inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAB: When employee may make request
An employee may make a request at any time. Section 69AAB replaced 6 March 2015 section 24 Employment Relations Amendment Act 2014
69AAC: Requirements relating to request
A request must be in writing and—
a: state—
i: the employee's name; and
ii: the date on which the request is made; and
iii: that the request is made under this Part; and
b: specify the variation of the working arrangements requested and whether the variation is permanent or for a period of time; and
c: specify the date on which the employee proposes that the variation take effect and, if the variation is for a period of time, the date on which the variation is to end; and
d:
e: explain, in the employee's view, what changes, if any, the employer may need to make to the employer's arrangements if the employee's request is approved. Section 69AAC inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 69AAC(d) repealed 6 March 2015 section 25 Employment Relations Amendment Act 2014
69AAD: Limitation on frequency of requests
Section 69AAD repealed 6 March 2015 section 26 Employment Relations Amendment Act 2014 Duties of employer Heading inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAE: Employer must notify decision as soon as possible
1: An employer must deal with a request as soon as possible, but not later than 1 month after receiving it, and must notify the employee in writing of whether his or her request has been approved or refused.
2: If the employer refuses an employee's request, the notification given under subsection (1) must—
a: state that the request is refused because of a ground specified in section 69AAF(2) or (3)
b: state the ground for refusal; and
c: explain the reasons for that ground. Section 69AAE replaced 6 March 2015 section 27 Employment Relations Amendment Act 2014
69AAF: Grounds for refusal of request by employer
1: An employer may refuse a request only if the employer determines that the request cannot be accommodated on 1 or more of the grounds specified in subsection (2).
2: The grounds are—
a: inability to reorganise work among existing staff:
b: inability to recruit additional staff:
c: detrimental impact on quality:
d: detrimental impact on performance:
e: insufficiency of work during the periods the employee proposes to work:
f: planned structural changes:
g: burden of additional costs:
h: detrimental effect on ability to meet customer demand.
3: However, an employer must refuse a request if—
a: the request is from an employee who is bound by a collective agreement; and
b: the request relates to working arrangements to which the collective agreement applies; and
c: the employee's working arrangements would be inconsistent with the collective agreement if the employer were to approve the request. Section 69AAF inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 69AAF(1) replaced 6 March 2015 section 28 Employment Relations Amendment Act 2014 Resolving disputes Heading inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAG: Role of Labour Inspector
1: For the purposes of this Part, a Labour Inspector may provide to employees and employers such assistance as he or she considers appropriate in the circumstances.
2: This section applies subject to section 69AAH(2) Section 69AAG inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAH: Labour Inspectors and mediation
1: This section applies if an employee believes that his or her employer has not complied with section 69AAE
2: The employee may refer the non-compliance with section 69AAE
3: If, after completion of the process under subsection (2), the employee is dissatisfied with the result, the employee may refer the matter to mediation.
4: For the purposes of subsection (3), non-compliance with section 69AAE Section 69AAH inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAI: Application to Authority
1: This section applies if—
a: an employee believes that his or her employer has not complied with section 69AAE
b: mediation has not resolved the matter.
2: The employee may apply to the Authority for a determination as to whether the employer has complied with section 69AAE
3: An application under subsection (2) must be made within 12 months after the relevant date.
4:
5: In subsection (3), relevant date
a: if the employer notifies a refusal within 1 month
b: in any other case, the date 1 month Section 69AAI inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 69AAI(4) repealed 6 March 2015 section 29(1) Employment Relations Amendment Act 2014 Section 69AAI(5)(a) amended 6 March 2015 section 29(2) Employment Relations Amendment Act 2014 Section 69AAI(5)(b) amended 6 March 2015 section 29(2) Employment Relations Amendment Act 2014
69AAJ: Penalty
1: An employer who does not comply with section 69AAE
2: The penalty is payable to the employee concerned. Section 69AAJ inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007
69AAK: Limitation on challenging employer
An employee may not challenge his or her employer's refusal of a request, or failure to respond to a request, except—
a: if the employee believes his or her employer has not complied with section 69AAE
b: to the extent provided by sections 69AAH to 69AAJ Section 69AAK inserted 1 July 2008 section 5 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Review of Part Heading repealed 6 March 2015 section 30 Employment Relations Amendment Act 2014
69AAL: Review of operation of Part after 2 years
Section 69AAL repealed 6 March 2015 section 30 Employment Relations Amendment Act 2014
6AB: Flexible working short-term for people affected by
family Part 6AB inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Part 6AB heading amended 1 July 2019 section 259(1) Family Violence Act 2018
69AB: Object of this Part
The object of this Part is to—
a: provide employees who are people affected by family family
b: require an employer to deal with a request as soon as possible but not later than 10 working days after receiving it; and
c: provide that an employer may refuse a request only if proof of family
d: if an employer does not deal with a request in accordance with this Part, provide for reference of the matter to a Labour Inspector, mediation, or the Authority. Section 69AB inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69AB(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69AB(c) amended 1 July 2019 section 259(1) Family Violence Act 2018
69ABA: Interpretation
In this Part, unless the context otherwise requires,— additional terms that need variation
a: the location of the employee’s workplace:
b: the employee’s duties at work:
c: the extent of the contact details that the employee must provide to the employer:
d: any other term of the employee’s employment—
i: that is not a term covered by paragraphs (a) to (c) of this definition or by paragraphs (a) to (c) of the definition in this section of working arrangements; and
ii: that, in the employee's view, needs variation to enable the employee to deal with the effects of being a person affected by family child section 8 family violence section 9 mediation section 144 non-compliance with section 69ABE section 69ABF(1)(a) and (b) person affected by family violence
a: a person against whom any other person inflicts, or has inflicted, family violence:
b: a person with whom there ordinarily or periodically resides a child against whom any other person inflicts, or has inflicted, family violence request
a: is written; and
b: requests an employer to vary an employee's terms and conditions of employment relating to the employee's working arrangements; and
c: is made by the employee or on the employee's behalf working arrangements
a: hours of work:
b: days of work:
c: place of work (for example, at home or at the employee’s place of work):
d: additional terms that need variation. Section 69ABA inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69ABA additional terms that need variation amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABA child amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABA domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABA family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABA person affected by domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABA person affected by family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018 Employee’s statutory right to make request Heading inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABB: When and why employee may make request
1: An employee who is a person affected by family
a: at any time; and
b: for the purpose of assisting the employee to deal with the effects on the employee of being a person affected by family
2: Subsection (1) applies regardless of how long ago the family family
3: A request made under this Part for a short-term (2-month or shorter) variation of the employee’s working arrangements (as defined in section 69ABA Part 6AA section 69AAA Section 69ABB inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69ABB(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABB(1)(b) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABB(2) amended 1 July 2019 section 259(1) Family Violence Act 2018
69ABC: Requirements relating to request
A request must be in writing and—
a: state—
i: the employee’s name; and
ii: the date on which the request is made; and
iii: that the request is made under this Part; and
b: specify the variation of the working arrangements requested and the period of time (which must be no longer than 2 months) for which the variation is requested; and
c: specify the date on which the employee proposes that the variation take effect and the date on which it is proposed that the variation end; and
d: specify how, in the employee's view, the variation will assist the employee to deal with the effects of being a person affected by family
e: explain, in the employee’s view, what changes, if any, the employer may need to make to the employer's arrangements if the employee's request is approved. Section 69ABC inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69ABC(d) amended 1 July 2019 section 259(1) Family Violence Act 2018 Duties of employer Heading inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABE: Employer must notify decision as soon as possible
1: An employer must deal with a request as soon as possible, but not later than 10 working days after receiving it, and must notify the employee in writing of whether his or her request has been approved or refused.
2: In or before giving the notification under subsection (1), the employer must provide the employee with information about appropriate specialist family
3: If the employer refuses an employee’s request, the notification given under subsection (1) must—
a: state that the request is refused because of 1 or both grounds specified in section 69ABF(1)(a) and (b)
b: state the ground or grounds for refusal; and
c: explain the reasons for that ground or those grounds. Section 69ABE inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69ABE(2) amended 1 July 2019 section 259(1) Family Violence Act 2018
69ABEA: Proof of
family
1: An employer may require proof that an employee is a person affected by family
a: to the employer; and
b: by or on behalf of an employee; and
c: for the purposes of a request made by or on behalf of the employee; and
d: as soon as practicable after that proof is required by the employer under this section; and
e: within 10 working days after the employer receives the request.
2: However, the employer may require proof of that kind only if—
a: the employer informs the employee as early as possible that the proof is required; and
b: the employer requires the proof within 3 working days after the employer receives the request. 2003 No 129 s 68 Section 69ABEA inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Section 69ABEA heading amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69ABEA(1) amended 1 July 2019 section 259(1) Family Violence Act 2018
69ABF: Grounds for refusal of request by employer
1: An employer may refuse a request only if the employer determines 1 or both of the following:
a: that proof required to be produced under section 69ABEA
b: that the request cannot be accommodated reasonably on 1 or more of the non-accommodation grounds specified in subsection (2).
2: The non-accommodation grounds are—
a: inability to reorganise work among existing staff:
b: inability to recruit additional staff:
c: detrimental impact on quality:
d: detrimental impact on performance:
e: insufficiency of work during the periods the employee proposes to work:
f: planned structural changes:
g: burden of additional costs:
h: detrimental effect on ability to meet customer demand.
3: An employer must not refuse a request just because—
a: the request is from an employee who is bound by a collective agreement; and
b: the request relates to working arrangements to which the collective agreement applies; and
c: the employee’s working arrangements would be inconsistent with the collective agreement if the employer were to approve the request. Section 69ABF inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018 Resolving disputes Heading inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABG: Employee has choice of procedure at initial stage
1: This section applies if an employee believes that the employee’s employer has not complied with section 69ABE
2: The employee may do 1 of the following:
a: refer the matter to a Labour Inspector who must, to the extent practicable in the circumstances, assist the employee and employer to resolve the matter; or
b: refer the matter to mediation, at which the matter is treated as an employment relationship problem; or
c: apply to the Authority for a determination as to whether the employer has complied with section 69ABE
3: A reference or application under subsection (2)(a), (b), or (c) must be made within 6 months after the relevant date.
4: In subsection (3), relevant date
a: if the employer notifies a refusal within 10 working days after receiving a request, the date on which the employer notifies the employee of the employer’s refusal; or
b: in any other case, the date that is 10 working days after the employer receives the employee’s request. Section 69ABG inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABH: Mediation after initial reference to Labour Inspector
1: This section applies if the employee is dissatisfied with the result of the reference under section 69ABG(2)(a)
2: The employee may refer the matter to mediation, at which the matter is treated as an employment relationship problem.
3: A reference under subsection (2) must be made within 6 months after the earlier of—
a: the date when the result of the reference first became known to the employee; or
b: the date when the result of the reference should reasonably have become known to the employee. Section 69ABH inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABI: Application to Authority after initial or later reference to mediation
1: This section applies if the employee is dissatisfied with the result of the reference under section 69ABG(2)(b) 69ABH(2)
2: The employee may apply to the Authority for a determination as to whether the employer has complied with section 69ABE
3: An application under subsection (2) must be made within 6 months after the earlier of—
a: the date when the result of the reference first became known to the employee; or
b: the date when the result of the reference should reasonably have become known to the employee. Section 69ABI inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABJ: Penalty
1: An employer who does not comply with section 69ABE
2: The penalty is payable to the employee concerned.
3: For the purposes of the 6-month time limit in section 135(5)
a: the relevant date under section 69ABG(3)
b: the applicable date under section 69ABI(3)(a) or (b) Section 69ABJ inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
69ABK: Limitation on challenging employer
An employee may challenge his or her employer’s refusal of a request, or failure to respond to a request, only—
a: if the employee believes his or her employer has not complied with section 69ABE
b: to the extent provided by sections 69ABG to 69ABJ Section 69ABK inserted 1 April 2019 section 6 Domestic Violence—Victims' Protection Act 2018
6A: Continuity of employment if employees' work affected by restructuring
Part 6A substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
1: Specified categories of employees
Subpart 1 substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69A: Object of this subpart
1: The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person.
2: The categories of employees—
a: are the categories of employees specified in Schedule 1A
b: are specified in Schedule 1A
i: who are employed in sectors in which restructuring of an employer's business occurs frequently; and
ii: whose terms and conditions of employment tend to be undermined by the restructuring of an employer's business; and
iii: who have little bargaining power.
3: The protection conferred by this subpart gives—
a: the employees a right to elect to transfer to the other person as employees on the same terms and conditions of employment; and
b: the employees who have transferred a right,—
i: subject to their employment agreements, to bargain for redundancy entitlements from the other person if made redundant by the other person for reasons relating to the transfer of the employees or to the circumstances arising from the transfer of the employees; and
ii: if redundancy entitlements cannot be agreed with the other person, to have the redundancy entitlements determined by the Authority.
4: Section 69A replaced 6 March 2015 section 31 Employment Relations Amendment Act 2014 Section 69A(4) repealed 6 May 2019 section 38 Employment Relations Amendment Act 2018
69B: Interpretation
In this subpart, unless the context otherwise requires,— agreement contracting in section 69C contracting out section 69C independent contractor new employer section 69D redundancy entitlements restructuring
a: means—
i: contracting out; or
ii: contracting in; or
iii: subsequent contracting; or
iv: selling or transferring an employer's business (or part of it) to another person; but
b: to avoid doubt, does not include,—
i: in the case of an employer that is a company, the sale or transfer of any or all of the shares in the company; or
ii: any contract, arrangement, sale, or transfer entered into, made, or concluded while the employer is adjudged bankrupt or in receivership or liquidation specified date section 69I(4) subcontractor
a: means a person engaged by an independent contractor to perform work—
i: under an agreement that is not an employment agreement; and
ii: that the independent contractor has agreed to perform for another person; and
b: includes another person engaged by a subcontractor (within the meaning of paragraph (a)) to perform the work or part of the work under an agreement that is not an employment agreement subsequent contracting section 69C work Section 69B substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006 Section 69B associated person repealed 6 May 2019 section 39 Employment Relations Amendment Act 2018 Section 69B exempt employer repealed 6 May 2019 section 39 Employment Relations Amendment Act 2018 Section 69B specified date inserted 6 March 2015 section 32 Employment Relations Amendment Act 2014
69C: Meaning of contracting in, contracting out, and subsequent contracting
1: In this subpart, unless the context otherwise requires, contracting in
a: a person ( person A person B
b: the work or some of the work is actually performed by employees of person B or of a subcontractor; and
c: the agreement, or that part of the agreement, under which person B performs the work expires or is terminated; and
d: the work is to be performed by person A or employees (if any) of person A.
2: In this subpart, unless the context otherwise requires, contracting out
a: a person ( person A person B
b: the employees of person A are actually performing, or employed to undertake, the work or some of the work before the agreement takes effect.
3: The definition of contracting out
a: person B or employees (if any) of person B; or
b: a subcontractor or employees (if any) of a subcontractor.
4: In this subpart, unless the context otherwise requires,— subsequent contracting
a: a person ( person A person B
b: the work or some of the work is actually performed by employees of person B or of a subcontractor; and
c: the agreement or that part of the agreement under which person B performs the work expires or is terminated; and
d: person A enters into an agreement with another person ( person C
5: The definition of subsequent contracting
a: the work concerned has previously been the subject of a subsequent contracting:
b: the engagement of person B as an independent contractor constituted a contracting out:
c: the work is to be performed by—
i: person C or employees (if any) of person C; or
ii: a subcontractor or employees (if any) of a subcontractor.
6: To avoid doubt, in the definitions of contracting in contracting out subsequent contracting
a: mean work that person A is doing or would otherwise do in person A's own right; and
b: include work that person A is doing or would otherwise do as an independent contractor or as a subcontractor. Section 69C substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69CA: Exempt employer
Section 69CA repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69CB: Warranty
Section 69CB repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69CC: Persons warranty to be provided to
Section 69CC repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69CD: Provision of information for purposes of giving warranty
Section 69CD repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69CE: When warranty must be provided
Section 69CE repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69D: Meaning of new employer
1: In section 69I new employer
a: in relation to contracting in, means person A in the definition of that term:
b: in relation to contracting out,—
i: means person B in the definition of that term; but
ii: if person B subcontracts the work (whether before or at the same time as the contracting out), means the subcontractor:
c: in relation to subsequent contracting,—
i: means person C in the definition of that term; but
ii: if person C subcontracts the work (whether before or at the same time as the subsequent contracting), means the subcontractor:
d: in relation to the sale or transfer of an employer's business (or part of it), means the person to whom the business (or part of it) is sold or transferred.
2: In the rest of this subpart, new employer
a: may elect or has elected to transfer under section 69I
b: has transferred under that section. Section 69D replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69DA: Associated person
Section 69DA repealed 6 May 2019 section 40 Employment Relations Amendment Act 2018
69E: Examples of contracting in, contracting out, and subsequent contracting
1: This section contains examples of contracting in, contracting out, and subsequent contracting.
2: Whether, in the following examples, an employee comes within the protection provided by this subpart depends on whether section 69F
3: This subsection sets out examples of contracting in. Example A
A rest home carries on business in the age-related residential care sector. Instead of providing food catering services through its employees, it enters into an agreement with an independent contractor to provide those services. The agreement under which the independent contractor provides those services to the rest home expires or is terminated. The rest home then uses its employees or engages further employees to provide those services. Employees of the independent contractor to whom section 69F Example B
The circumstances in this example are the same as in example A except that the independent contractor engages a subcontractor to provide food catering services to the rest home. As a result of the agreement between the rest home and the independent contractor expiring or being terminated, the agreement between the independent contractor and the subcontractor expires or is terminated. Employees of the subcontractor to whom section 69F Note
In both example A and example B, it does not matter whether the rest home's or the independent contractor's employees originally provided the food catering services or whether the work was contracted out or subcontracted at the outset. In example A and example B, the persons relate to the definition of contracting in as follows: the rest home is person A: the independent contractor is person B.
4: This subsection sets out examples of contracting out. Example C A school has employees who provide cleaning services. The school then enters into an agreement with an independent contractor to do that work or some of that work. The employees of the school to whom section 69F Note
Example C would not be a contracting out if, at the outset, the school does not have employees providing cleaning services. In example C, the persons relate to the definition of contracting out as follows: the school is person A: the independent contractor is person B. Example D The circumstances in this example are the same as in example C, except that later on the independent contractor decides that, instead of using its employees for the contract for the school, it will engage a subcontractor to do the work or some of the work. Employees of the independent contractor to whom section 69F Note
In example D, the persons relate to the definition of contracting out as follows: the independent contractor is person A: the subcontractor is person B. Note
In example C and example D if, at the outset, the independent contractor did not have employees providing cleaning services, but subcontracts the work straight away, then the employees to whom section 69F
5: This subsection sets out examples of subsequent contracting. Example E An airport operator enters into an agreement with an independent contractor to provide food catering services at the airport. Some time later, the agreement under which the independent contractor provides those services expires or is terminated. The airport operator then enters into an agreement with a second independent contractor to provide food catering services at the airport. Employees of the first independent contractor to whom section 69F Note
In example E, it does not matter whether the agreement between the airport operator and the first independent contractor constitutes a contracting out. In example E, the persons relate to the definition of subsequent contracting as follows: the airport operator is person A: the first independent contractor is person B: the second independent contractor is person C. Example F The circumstances in this example are the same as in example E, except that the first independent contractor engages a subcontractor to do the work or some of the work. Later on, the agreement under which the subcontractor provides the work expires or is terminated and the first independent contractor engages a second subcontractor to provide food catering services at the airport. The employees of the first subcontractor to whom section 69F Note
In example F, the subsequent contracting occurs at the subcontracting level. In example F, the persons relate to the definition of subsequent contracting as follows: the independent contractor is person A: the first subcontractor is person B: the second subcontractor is person C. Section 69E replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69F: Application of this subpart
1: This subpart applies to an employee if—
a: the employee is in a category specified in Schedule 1A
b: as a result of a proposed restructuring,—
i: the employee will no longer be required by the employee’s employer to perform the work performed by the employee; and
ii: the work performed by the employee (or work that is substantially similar) is to be performed by or on behalf of another person.
2: To avoid doubt, this subpart applies even though the performance of the work by or on behalf of the other person does not begin immediately after an employee ceases to perform the work for the employee’s employer. Section 69F replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69FA: Employer's breach of obligations not to affect employee's rights and new employer's obligations
To avoid doubt, any failure by an employee's employer to comply with the obligations imposed on employers by this subpart does not limit or affect the rights of an employee under this subpart or the obligations of a new employer under this subpart. Section 69FA replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69G: Notice of right to make election
1: As soon as practicable, but no later than 20 working days before the date on which a restructuring takes effect, the employer of the employees who will be affected by the restructuring must provide the affected employees with—
a: information about whether the employees have a right to make an election under section 69I
b: if the employees have a right to make an election under section 69I
c: information sufficient for the employees to make an informed decision about whether to exercise any right to make an election; and
d: the date by which any right to make an election must be exercised, which is—
i: the date that is 10 working days after the day on which the employees are provided with the information described in paragraphs (a) to (c); or
ii: if the employees' employer and the new employer agree to a later date, that agreed date.
2: Without limiting the information to be provided under subsection (1)(c), the information provided under that provision must include—
a: the name of the new employer:
b: the nature and scope of the restructuring:
c: the date on which the restructuring is to take effect:
d: a statement to the effect that an election—
i: must be made in writing and signed by the employee; and
ii: may be delivered, sent by post, or sent by electronic means (for example, by fax or email) to the employee’s employer:
e: notice in writing—
i: that employee transfer costs information and individualised employee information (as those terms are defined in section 69OB
ii: that explains that individualised employee information includes (but is not limited to) information about any disciplinary matters relating to those employees and any personal grievances raised by those employees against the employer; and
iii: that those employees are entitled to access the information, and to request correction of the information, in accordance with the Privacy Act 2020
3: The employees' employer must send an election that complies with subsections (1)(d) and (2)(d) to the new employer as soon as practicable, but no later than 5 working days after the day on which that election is received by the employees' employer.
4: If an employee sends an election that complies with subsection (2)(d) by post or electronic means before the date described in subsection (1)(d), the employee must be treated as having exercised the employee’s right to make an election by that date.
5: If the employee’s employer sends an election to the new employer by post or electronic means before the date that is 5 working days after the day on which the employee’s employer received that election, the employee’s employer must be treated as having met the deadline specified in subsection (3).
6: If the restructuring is a contracting in or a subsequent contracting, person A in the definition that applies must give the employer sufficient notice of, and information about, the restructuring to enable the employer to comply with subsection (1).
7: In subsection (6), sufficient notice
a: as soon as practicable; but
b: no later than 25 working days before the date on which the restructuring takes effect.
8: An employer or other person who fails to comply with this section is liable to a penalty imposed by the Authority. Section 69G replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018 Section 69G(2)(e)(iii) amended 1 December 2020 section 217 Privacy Act 2020
69H: Employee bargaining for alternative arrangements
1: To avoid doubt, an employee may, after the employee’s employer has complied with section 69G(1)
2: If the employee and employer agree on alternative arrangements,—
a: the alternative arrangements must be recorded in writing; and
b: if paragraph (a) is complied with, the employee may not subsequently elect to transfer to the new employer. Section 69H replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69I: Employee may elect to transfer to new employer
1: An employee to whom this subpart applies may, before the date provided to the employee under section 69G(1)(d)
2: If an employee elects to transfer to the new employer, then, to the extent that the employee's work is to be performed by the new employer, the employee—
a: becomes an employee of the new employer on and from the specified date; and
b: is employed by the new employer on the same terms and conditions as applied to the employee immediately before the specified date, including terms and conditions relating to whether the employee is employed full-time or part-time; and
c: is not entitled to any redundancy entitlements under those terms and conditions of employment from the employee's previous employer because of the transfer.
3: To avoid doubt,—
a: the election of an employee to transfer to a new employer may result in the employee being employed by more than 1 employer if—
i: only part of the employee's work is affected by the restructuring; or
ii: the work performed by the employee will be performed by or on behalf of more than 1 new employer; and
b: a person becomes the new employer of an employee who elects to transfer to the new employer whether or not the new employer—
i: has, or intends to have, employees performing the same type of work as (or work that is substantially similar to) the work performed by the employee who has elected to transfer to the new employer; or
ii: was an employer before the employee transferred to the new employer; and
c: this section does not affect the employment agreement of an employee who elects not to transfer to the new employer. Example This example relates to subsection (3)(a). A retailer owns 3 gift shops and engages an independent contractor to clean the shops. The independent contractor employs a cleaner to clean the gift shops. The cleaning contract between the retailer and the independent contractor expires. The retailer enters into a cleaning contract with a second independent contractor for the cleaning of 1 shop, and enters into a new cleaning contract with the first independent contractor for the cleaning of the other 2 shops. As a result, the first independent contractor no longer requires the cleaner to clean 1 of the shops. The cleaner may elect to transfer and become an employee of the second independent contractor in relation to 1 shop while remaining an employee of the first independent contractor in relation to the other 2 shops.
4: In this section, specified date Section 69I replaced 6 May 2019 section 40 Employment Relations Amendment Act 2018
69J: Employment of employee who elects to transfer to new employer treated as continuous
1: The employment of an employee who elects to transfer to a new employer is to be treated as continuous, including for the purpose of service-related entitlements whether legislative or otherwise.
2: To avoid doubt, and without limiting subsection (1),—
a: in relation to an employee's entitlements under the Holidays Act 2003
i: the period of employment of an employee with the employer that ends with the transfer must be treated as a period of employment with the new employer for the purpose of determining the employee's entitlement to annual holidays, sick leave, bereavement leave, and family
ii: the employer must not pay the employee for annual holidays not taken before the date of transfer; and
iii: the new employer must recognise the employee's entitlement to—
A: any sick leave, including any sick leave carried over under section 66
B: any annual holidays not taken before the date of transfer; and
C: any alternative holidays not taken or exchanged for payment under section 61
b: for the purposes of determining an employee's rights and benefits to parental leave and parental leave payments under the Parental Leave and Employment Protection Act 1987
i: the period of employment of an employee with the employer that ends with the transfer must be treated as a period of employment with the new employer; and
ii: the new employer must treat any notice given to or by the employer under the Act as if it had been given to or by the new employer. Section 69J substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006 Section 69J(2)(a)(i) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 69J(2)(a)(i) amended 1 April 2019 section 7 Domestic Violence—Victims' Protection Act 2018
69K: Terms and conditions of employment of transferring employee under fixed term employment
1: This section applies to an employee if—
a: he or she is an employee of—
i: person A in the definition of contracting out; or
ii: person B or of a subcontractor in the definition of contracting in; or
iii: person B or of a subcontractor in the definition of subsequent contracting; or
iv: an employer who is selling or transferring the employer's business (or part of it) to another person; and
b: the employee's terms and conditions of employment include a term agreed under section 66(1)
i: linked to the expiry or termination of the agreement under which his or her employer performs the work; or
ii: included in contemplation of his or her employer entering into an agreement that constitutes a restructuring.
2: Despite the employee's terms and conditions of employment containing a term referred to in subsection (1)(b), the employee may elect, under section 69I
3: If the employee elects, under section 69I
a: if the restructuring is a contracting out, the employee's terms and conditions of employment must be read and applied as if the term agreed under section 66(1)
b: if the restructuring is a contracting in, the employee's terms and conditions of employment cease to include the term referred to in subsection (1)(b):
c: if the restructuring is a subsequent contracting, the employee's terms and conditions of employment must be read and applied as if the term agreed under section 66(1)
d: if the restructuring is a sale or transfer of an employer's business, the employee's terms and conditions of employment cease to include the term referred to in subsection (1)(b). Section 69K substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69L: Agreements excluding entitlements for technical redundancy not affected
1: To avoid doubt, this subpart does not limit or affect any terms and conditions of employment under which the employee's entitlement to redundancy entitlements is excluded where the employee may transfer to the new employer but elects not to do so.
2: This subpart does not limit or affect section 605 Section 69L substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006 Section 69L(2) amended 1 August 2020 section 668 Education and Training Act 2020
69LA: Liability for costs of service-related entitlements of transferring employee
1: This section applies if—
a: an employee elects to transfer to a new employer; and
b: on the specified date, the employee has not taken, or been paid for, service-related entitlements (whether legislative or otherwise) that relate to the employee’s period of employment before the specified date.
2: Liability for the costs of service-related entitlements (whether legislative or otherwise) of the employee must be apportioned between the employee’s employer and the new employer.
3: If the employee’s employer and the new employer cannot agree before the specified date on how to apportion those costs, the costs must be apportioned as follows:
a: the employee’s employer is liable for the costs that the employer would have been liable to pay to the employee if the employee had resigned and ceased employment with the employer on the day before the specified date (for example, costs related to annual holidays or alternative holidays not taken before the specified date); and
b: the new employer is liable for the costs of any service-related entitlements that accrued before the specified date but would not have been paid to the employee if the employee had resigned and ceased employment with his or her previous employer on the day before the specified date (for example, costs relating to sick leave not taken before the specified date).
4: The employee’s employer must pay to the new employer—
a: the amount agreed before the specified date by the employee’s employer and the new employer; or
b: if no amount is agreed, the costs described in subsection (3)(a).
5: The employee’s employer must comply with subsection (4)—
a: by the specified date; or
b: if the employee’s employer and the new employer agree to a later date, by that agreed date.
6: If the new employer does not receive payment from the employee’s employer by the specified date or the agreed date (if any), the new employer may recover the payment, in any court of competent jurisdiction, as a debt due from the employee’s employer.
7: To avoid doubt,—
a: if only part of the employee’s work is affected by the restructuring, the apportionment of costs described in subsection (3) must relate only to the work that is affected by the restructuring:
b: if the work performed by the employee will be performed for, or on behalf of, more than 1 new employer, the apportionment of costs described in subsection (3) must be adjusted between the employee's employer and each new employer on a pro rata basis:
c: on and from the specified date, the new employer is liable to pay the employee for all service-related entitlements (whether legislative or otherwise), including those referred to in subsection (3)(a). Section 69LA inserted 6 March 2015 section 40 Employment Relations Amendment Act 2014
69LB: Resolving disputes about apportioning liability for costs of service-related entitlements
1: This section applies to a dispute between an employee’s employer and the new employer (or, if more than 1 new employer is involved, all or any of the new employers) about apportioning liability for the costs of service-related entitlements under section 69LA(3)
2: If the dispute cannot be resolved between the employee’s employer and the new employer or employers,—
a: the parties may access mediation services as if the dispute were an employment relationship problem:
b: proceedings to resolve the dispute may be commenced before the Authority as if the dispute were an employment relationship problem.
3: For the purposes of subsection (2)(a), the parties may agree to access mediation services that are—
a: provided under section 144 sections 145 to 153
b: referred to in section 154
4: If proceedings are commenced before the Authority, the Authority must determine the apportionment of the costs of the service-related entitlements in accordance with section 69LA(3) Section 69LB inserted 6 March 2015 section 40 Employment Relations Amendment Act 2014
69LC: Implied warranty by employer of transferring employees
1: This section applies if 1 or more employees of an employer elect to transfer to a new employer, as provided for in section 69I
2: There is an implied warranty by the employees’ employer to the new employer that the employees' employer has not, without good reason, changed—
a: the work affected by the restructuring; or
b: the employees who perform the work affected by the restructuring (for example, replacing employees with employees who are less experienced or less efficient); or
c: the terms and conditions of employment of 1 or more of those employees.
3: The warranty implied by this section applies in relation to changes occurring in the period—
a: beginning on the day on which the employees' employer is informed about the proposed restructuring; and
b: ending on the day before the specified date.
4: If the employees' employer breaches the implied warranty, and that breach adversely affects the new employer, the new employer may commence proceedings for damages, in any court of competent jurisdiction, against that employer.
5: For the purposes of subsection (2), whether a reason is a good reason is to be determined on an objective basis. Section 69LC inserted 6 March 2015 section 40 Employment Relations Amendment Act 2014
69M: New employer becomes party to collective agreement that binds employee electing to transfer
1: This section applies if—
a: an employee who elects to transfer to a new employer is a member of a union and bound by a collective agreement; and
b: the new employer is not a party to the collective agreement that the union is a party to.
2: On and from the date on which the employee becomes an employee of the new employer, the new employer becomes a party to the collective agreement, but only in relation to, and for the purposes of, that employee. Section 69M substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69N: Employee who transfers may bargain for redundancy entitlements with new employer
1: This section applies to an employee if—
a: the employee elects, under section 69I(1)
b: the new employer proposes to make the employee redundant for reasons relating to the transfer of the employees or to the circumstances arising from the transfer of the employees; and
c: the employee's employment agreement—
i: does not provide for redundancy entitlements for those reasons or in those circumstances; or
ii: does not expressly exclude redundancy entitlements for those reasons or in those circumstances.
2: The employee is entitled to redundancy entitlements from his or her new employer.
3: If an employee seeks redundancy entitlements from his or her new employer, the employee and new employer must bargain with a view to reaching agreement on appropriate redundancy entitlements. Section 69N substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69O: Authority may investigate bargaining and determine redundancy entitlements
1: If an employee and his or her new employer fail to agree on redundancy entitlements under section 69N(3)
2: After concluding the investigation, the Authority must determine—
a: if, in the Authority's view, it is possible for the bargaining to continue, how further bargaining should occur; or
b: if, in the Authority's view, further bargaining is not warranted, the redundancy entitlements due to an employee.
3: In determining the redundancy entitlements under subsection (2)(b), the Authority may take into account 1 or more of the following matters:
a: the redundancy entitlements (if any) provided in the employee's employment agreement for redundancy in circumstances other than restructuring:
b: the employee's length of service with his or her previous employer and new employer:
c: how much notice of the redundancy the employee has received:
d: the ability of the new employer to provide redundancy entitlements:
e: the likelihood of the employee being re-employed or obtaining employment with another employer:
f: any other relevant matter that the Authority thinks fit. Section 69O substituted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69OAA: False warranty: exempt employer
Section 69OAA repealed 6 May 2019 section 41 Employment Relations Amendment Act 2018
2: Disclosure of information relating to transfer of employees
Subpart 2 substituted 13 December 2006 section 6 Employment Relations Amendment Act 2006 Subpart 2 heading replaced 6 March 2015 section 42 Employment Relations Amendment Act 2014
69OA: Object of this subpart
The object of this subpart is to make provision for the disclosure of employee transfer costs information and individualised employee information relating to employees who have elected to transfer to a new employer under section 69I Section 69OA replaced 6 March 2015 section 43 Employment Relations Amendment Act 2014
69OB: Interpretation
1: In this subpart,— employee transfer costs information
a: means information about employment-related entitlements of the employees who would be eligible to elect, under section 69I
b: includes—
i: the number of employees who would be eligible to make an election; and
ii: the wages or salary payable in a stated period (for example, a week, fortnight, or month) to the employees for performing the work that would be subject to the proposed restructuring; and
iii: the total number of hours the employees spend in a stated period (for example, a week, fortnight, or month) performing the work that would be subject to the proposed restructuring; and
iv: the cost of service-related entitlements of the employees, whether legislative or otherwise; and
v: the cost of any other entitlements of the employees in their capacity as employees, including any entitlements already agreed but not due until a future date or time individualised employee information—
a: means information about an employee kept by the employee’s employer for employment-related purposes, including—
i: any personnel records relating to the employee; and
ii: information about any disciplinary matters relating to the employee; and
iii: information about any personal grievances raised by the employee against the employer; and
iv: information about an employee that the employee’s employer is required to keep under this Act or any other enactment, for example,—
A: the employee’s individual employment agreement, the current terms and conditions of employment that make up the employee’s individual terms and conditions of employment, or the relevant collective agreement (as the case may be); and
B: a copy of the wages and time record; and
C: a copy of the holiday and leave record; and
D: a copy of the employee’s tax code declaration; and
E: details of any employer contribution (as defined in section 4(1) KiwiSaver Act 2006
F: details of any deductions from the employee’s wages made under section 36
G: details of any deductions from the employee’s wages made under Part 10
b: does not include any information about the employee that is subject to a statutory or contractual requirement to maintain confidentiality.
2: Any term or expression defined in subpart 1 and used but not defined in this subpart has the same meaning as in subpart 1 Section 69OB inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006 Section 69OB(1) replaced 6 March 2015 section 44 Employment Relations Amendment Act 2014
69OC: Disclosure of employee transfer costs information
1: A request for the disclosure of employee transfer costs information may be made either—
a: where—
i: disclosure is sought for the purpose of—
A: deciding whether to terminate an agreement or let it expire; or
B: negotiating an agreement; or
C: deciding whether to enter into an agreement; or
D: tendering for an agreement; and
ii: a restructuring would result if the agreement were to be—
A: terminated or to expire; or
B: concluded; or
C: entered into; or
D: awarded; or
b: where—
i: the restructuring referred to in paragraph (a)(ii) is a contracting out or a subsequent contracting; and
ii: a subcontractor is engaged, before or at the same time as the restructuring, to perform the work, or some of the work, affected by the restructuring.
2: The persons who may make the request are—
a: the persons who would (if they were parties to the restructuring and the restructuring were to proceed) be—
i: person A in a contracting in:
ii: person B in a contracting out:
iii: person C in a subsequent contracting:
iv: the person to whom an employer’s business (or part of it) is sold or transferred:
b: the persons who would (if the restructuring were to proceed and if the work were to be subcontracted before or at the same time as the restructuring) be—
i: a subcontractor engaged to perform the work for person B in a contracting out:
ii: a subcontractor engaged to perform the work for person C in a subsequent contracting.
2A:
3: The persons to whom a request may be made are the persons who would, if the restructuring were to proceed and they were parties to the restructuring, be—
a: person B in the definition of contracting in:
b: person A in the definition of contracting out:
c: person A in the definition of subsequent contracting:
d: the seller or transferor in the case of the sale or transfer of an employer's business (or part of it).
3A:
3B:
3C: A person to whom a request is made for a purpose described in subsection (1)(a) must provide the information in sufficient time for the person who made the request to take the information into account for that purpose.
4: A person to whom a request is made under subsection (3) must provide to the person who made the request under subsection (2) employee transfer costs information that relates to the proposed restructuring.
5:
6: Employee transfer costs information provided under this section must be provided—
a: in aggregate form; and
b: to the extent practicable, in a form that protects the privacy of the employees concerned.
7: Section 69OC inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006 Section 69OC(1) replaced 6 March 2015 section 45(1) Employment Relations Amendment Act 2014 Section 69OC(2) replaced 6 March 2015 section 45(1) Employment Relations Amendment Act 2014 Section 69OC(2A) repealed 6 May 2019 section 42 Employment Relations Amendment Act 2018 Section 69OC(3A) repealed 6 May 2019 section 42 Employment Relations Amendment Act 2018 Section 69OC(3B) repealed 6 May 2019 section 42 Employment Relations Amendment Act 2018 Section 69OC(3C) inserted 6 March 2015 section 45(2) Employment Relations Amendment Act 2014 Section 69OC(5) repealed 6 March 2015 section 45(3) Employment Relations Amendment Act 2014 Section 69OC(7) repealed 6 May 2019 section 42 Employment Relations Amendment Act 2018
69OD: Provision of employee transfer costs information by other persons
1: Subsection (2) applies to a person who receives a request for employee transfer costs information under section 69OC(3)(a)
2: If the request relates (whether wholly or in part) to work that has been subcontracted and the person receiving the request does not have some or all of the information requested, the person must immediately require the subcontractor to provide the information.
3: Subsection (4) applies to a person who receives a request for employee transfer costs information under section 69OC(3)(c)
4: If the person does not have some or all of the information requested, the person must immediately require the person who performs the work to which the request relates to provide the information.
5: If the person who performs the work has subcontracted some or all of the work and does not have some or all of the information requested, the person must immediately require the subcontractor to provide the information.
6: A person required to provide information—
a: under subsection (2) or (4) must provide the information—
i: to the person who received the request; and
ii: in time for that person to comply with section 69OC(3C)
b: under subsection (5) must provide the information—
i: to the person who required the information; and
ii: in time for the person who received the request to comply with section 69OC(3C)
7: However, if the subcontractor who is required to provide the information under subsection (2) or (5) does not have some or all of the information requested because the work has been further subcontracted, the subcontractor must immediately provide to the person who required the information any details the subcontractor has about who the other subcontractor is and how to contact the other subcontractor, and (to avoid doubt) subsection (2) or (5) (as the case may require) applies accordingly.
8: Employee transfer costs information provided under this section must be provided—
a: in aggregate form; and
b: to the extent practicable, in a form that protects the privacy of the employees concerned. Section 69OD inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006 Section 69OD(6)(a)(ii) amended 6 March 2015 section 46 Employment Relations Amendment Act 2014 Section 69OD(6)(b)(ii) amended 6 March 2015 section 46 Employment Relations Amendment Act 2014
69OE: Updating disclosure of employee transfer costs information
1: This section applies if—
a: employee transfer costs information has been provided under section 69OC 69OD
b: after the provision of the information, there is a change in the employment-related entitlements or circumstances that the information relates to; and
c: the change makes the information provided out of date.
2: The person who provided the employee transfer costs information must, immediately after the change in the employment-related entitlements or circumstances, provide to the person who was originally provided with the information details specifying—
a: the information that is out of date; and
b: what the up-to-date information is.
3: If the person who is provided with the up-to-date employee transfer costs information is not the person who made the request for the original information under section 69OC
a: the person must, immediately after receiving the up-to-date information, provide it to the person who received the request for the original information; and
b: that person must, immediately after receiving the up-to-date information, provide it to the person who made the request for the original information.
4: A person is not required to provide up-to-date information if, at the time of the change in the employment-related entitlements or circumstances, a request could not have been made for the information under section 69OC Section 69OE inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006
69OEA: Disclosure of individualised employee information
1: This section applies if an employee elects to transfer under section 69I
2: The employee’s employer must provide the new employer with individualised employee information about the employee.
3: The employee's employer must provide the individualised employee information—
a: as soon as practicable; but
b: no later than—
i: the date on which the restructuring takes effect; or
ii: any later date agreed to by the employee's employer and the new employer.
4: Subsection (5) applies if—
a: individualised employee information has been provided under subsection (2); and
b: after the provision of the information, there is a change in the matters or circumstances that the information relates to; and
c: the change makes the information provided out of date.
5: The employee’s employer must, immediately after the change in the matters or circumstances, provide the new employer with the information details, specifying—
a: the information that is out of date; and
b: what the up-to-date information is.
6: Every employer who fails to comply with subsections (2) to (5) is liable to a penalty imposed by the Authority.
7: To avoid doubt, the new employer may keep, use, or disclose individualised employee information only in accordance with the Privacy Act 2020 Section 69OEA inserted 6 March 2015 section 47 Employment Relations Amendment Act 2014 Section 69OEA(7) amended 1 December 2020 section 217 Privacy Act 2020
69OF: Employer who is subject to Official Information Act 1982
Nothing in the Official Information Act 1982 section 6 Section 69OF inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006
69OG: Subpart prevails over agreement
A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with this subpart. Section 69OG inserted 13 December 2006 section 6 Employment Relations Amendment Act 2006
3: Other employees
Subpart 3 added 14 September 2006 section 6 Employment Relations Amendment Act 2006
69OH: Object of this subpart
The object of this subpart is to provide protection to employees to whom subpart 1 Section 69OH inserted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69OI: Interpretation
1: In this subpart, unless the context otherwise requires,— employee Schedule 1A employee protection provision
a: the purpose of which is to provide protection for the employment of employees affected by a restructuring; and
b: that includes—
i: a process that the employer must follow in negotiating with a new employer about the restructuring to the extent that it relates to affected employees; and
ii: the matters relating to the affected employees' employment that the employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions of employment; and
iii: the process to be followed at the time of the restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer new employer
a: in the case of a contracting out, person B in the definition of that term; or
b: in the case of a sale or transfer of a business, the person to whom the business is sold or transferred restructuring
a: means—
i: contracting out; or
ii: selling or transferring the employer's business (or part of it) to another person; but
b: to avoid doubt, does not include—
i: contracting in; or
ii: subsequent contracting; or
iii: in the case of an employer that is a company, the sale or transfer of any or all of the shares in the company; or
iv: any contract, arrangement, sale, or transfer entered into, made, or concluded while the employer is adjudged bankrupt or in receivership or liquidation.
2: For the purposes of this subpart, an employee is an affected employee
a: as a result of a restructuring, the employee is, or will be, no longer required by his or her employer to perform the work performed by the employee; and
b: the type of work performed by the employee (or work that is substantially similar) is, or is to be, performed by or on behalf of another person.
3: Any term or expression defined in subpart 1 Section 69OI inserted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69OJ: Collective agreements and individual employment agreements must contain employee protection provision
Every collective agreement and every individual employment agreement must contain an employee protection provision to the extent that the agreement binds employees to whom this subpart applies. Section 69OJ inserted 14 September 2006 section 6 Employment Relations Amendment Act 2006
69OK: Affected employee may choose whether to transfer to new employer
If an employer, in relation to a restructuring, arranges for an affected employee to transfer to the new employer, the affected employee may—
a: choose to transfer to the new employer; or
b: choose not to transfer to the new employer. Section 69OK inserted 14 September 2006 section 6 Employment Relations Amendment Act 2006
4: Review of Part
Subpart 4 repealed 6 March 2015 section 48 Employment Relations Amendment Act 2014
69OL: Review of operation of Part after 3 years
Section 69OL repealed 6 March 2015 section 48 Employment Relations Amendment Act 2014
6B: Bargaining fees
Part 6B inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69P: Interpretation
In this Part, unless the context otherwise requires,— bargaining fee bargaining fee clause
a: applies to the employer's employees who are not members of a union and who perform work that comes within the coverage clause of the collective agreement; and
b: specifies the amount of the bargaining fee; and
c: requires those employees to pay a bargaining fee; and
d: provides that those employees' terms and conditions of employment comprise the terms and conditions of employment specified in the collective agreement. Section 69P inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69Q: Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
1: A bargaining fee clause does not come into force unless the clause has—
a: first been agreed to by the employer and the union in a collective agreement; and
b: then been agreed to in a secret ballot held in accordance with this section.
2: The secret ballot must be—
a: held before the collective agreement comes into force; and
b: conducted jointly by the employer and union.
3: An employee is entitled to vote in a secret ballot if—
a: the work performed by the employee comes within the coverage clause in the collective agreement; and
b: the employee is—
i: not a member of any union; or
ii: a member only of the union that is a party to the collective agreement with the employer.
4: For the purposes of a secret ballot, a ballot paper must contain, or have attached to it, a copy of the bargaining fee clause.
5: A bargaining fee clause is agreed to in a secret ballot if a majority of the employer's employees who vote, vote in favour of the clause. Section 69Q inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69R: Employer to notify employees if bargaining fee clause agreed to
1: If a bargaining fee clause is agreed to in a secret ballot, the employer must provide the employees referred to in section 69S(a) to (c)
a: their terms and conditions of employment will comprise the terms and conditions of employment specified in the collective agreement (including the obligation to pay a bargaining fee) on and from the later of the following:
i: the expiry of the period referred to in paragraph (c); or
ii: the date on which the collective agreement comes into force; and
b: the bargaining fee will be deducted from their wages, specifying the amount of the bargaining fee; and
c: if an employee does not wish to pay the bargaining fee, the employee must notify the employer in writing within the period specified in the collective agreement for that purpose that the employee does not agree to pay the bargaining fee.
2: If an employee notifies his or her employer that the employee does not agree to pay the bargaining fee,—
a: the bargaining fee clause does not apply to the employee; and
b: the employee's terms and conditions of employment remain the same until such time as varied by agreement with the employer. Section 69R inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69S: Which employees bargaining fee clause applies to
When a bargaining fee clause has been agreed to in a secret ballot and comes into force, the clause applies to an employee if—
a: the work performed by the employee comes within the coverage clause of the collective agreement; and
b: the employee is not a member of any union; and
c: the employee was—
i: entitled to vote in the secret ballot that agreed to the clause; or
ii: employed in the period beginning immediately after the secret ballot was held and ending with the close of the day before the date on which the collective agreement came into force; and
d: the employee has not notified his or her employer in writing, within the period specified under section 69R(1)(c) Section 69S inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69T: Bargaining fee clause binding on employer and employee
While a bargaining fee clause applies to an employee,—
a: the clause is binding on the employee and his or her employer; and
b: the employer must deduct the bargaining fee from the employee's wages and pay it to the union concerned. Section 69T inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69U: Amount of bargaining fee
1: A bargaining fee must not be greater than the union fee that an employee would be required to pay to the union if the employee were a member of the union.
2: A bargaining fee has no effect to the extent (if any) that the bargaining fee does not comply with subsection (1). Section 69U inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69V: Expiry of bargaining fee clause
A bargaining fee clause expires when the collective agreement that contains the clause expires. Section 69V inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
69W: Validity of bargaining fee clause
A bargaining fee clause, and anything done under it in accordance with this Part,—
a: is not a breach of, or inconsistent with, this Act (in particular sections 8 9 11 68(2)(c)
b: overrides the Wages Protection Act 1983 Section 69W inserted 1 December 2004 section 30 Employment Relations Amendment Act (No 2) 2004
6C: Breastfeeding facilities and breaks
Part 6C inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69X: Interpretation
In this Part, unless the context otherwise requires,— breastfeeding work period section 69ZC Section 69X inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69Y: Employer's obligation
1: An employer must ensure that, so far as is reasonable and practicable in the circumstances,—
a: appropriate facilities are provided in the workplace for an employee who is breastfeeding and who wishes to breastfeed in the workplace; and
b: appropriate breaks are provided to an employee who is breastfeeding and wishes to breastfeed during a work period.
2: For the purpose of subsection (1)(b), the breaks are paid only if the employee and employer agree that they are paid.
3: In subsection (1), circumstances
a: the employer's operational environment; and
b: the employer's resources. Section 69Y inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69Z: Breastfeeding breaks additional to breaks under Part 6D
1: Breastfeeding breaks provided under this Part are in addition to breaks an employee is entitled to under Part 6D
2: However, if an employee and employer agree, the same break may be taken for the purposes of this Part and Part 6D
3: To avoid doubt, a break taken for the purposes of this Part and Part 6D Section 69Z inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69ZA: Code of employment practice relating to employer's obligation
As soon as practicable after the commencement of this Part, the Minister must approve, under section 100A section 69Y Section 69ZA inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69ZB: Penalty
An employer who does not comply with section 69Y Section 69ZB inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
6D: Rest breaks and meal breaks
Part 6D inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
69ZC: Interpretation
In this Part, unless the context otherwise requires, work period
a: means the period—
i: beginning with the time at which, in accordance with an employee’s terms and conditions of employment, an employee starts work; and
ii: ending with the time at which, in accordance with an employee’s terms and conditions of employment, an employee finishes work; and
b: includes all authorised breaks (whether paid or not) provided to an employee or to which an employee is entitled during the period specified in paragraph (a). Section 69ZC replaced 6 May 2019 section 43 Employment Relations Amendment Act 2018
69ZD: Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks
Entitlement and duty
1: An employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks in accordance with this Part. Work period between 2 hours and 4 hours
2: If an employee’s work period is 2 hours or more but not more than 4 hours, the employee is entitled to one 10-minute paid rest break. Work period between 4 hours and 6 hours
3: If an employee’s work period is more than 4 hours but not more than 6 hours, the employee is entitled to—
a: one 10-minute paid rest break; and
b: one 30-minute meal break. Work period between 6 hours and 8 hours
4: If an employee’s work period is more than 6 hours but not more than 8 hours, the employee is entitled to—
a: two 10-minute paid rest breaks; and
b: one 30-minute meal break. Work period over 8 hours
5: If an employee’s work period is more than 8 hours, the employee is entitled to the rest breaks and meal breaks in accordance with subsections (6) and (7).
6: During the work period of 8 hours, the employee is entitled to—
a: two 10-minute paid rest breaks; and
b: one 30-minute meal break.
7: During the work period beyond 8 hours (the subsequent period
a: if the subsequent period is 2 hours or more but not more than 4 hours, to one 10-minute paid rest break:
b: if the subsequent period is more than 4 hours but not more than 6 hours, to—
i: one 10-minute paid rest break; and
ii: one 30-minute meal break:
c: if the subsequent period is more than 6 hours but not more than 8 hours, to—
i: two 10-minute paid rest breaks; and
ii: one 30-minute meal break. Section 69ZD replaced 6 May 2019 section 43 Employment Relations Amendment Act 2018
69ZE: Timing of rest breaks and meal breaks
Timing of breaks as agreed
1: If an employee and employer have agreed on the times at which the employee is to take rest breaks and meal breaks during the employee’s work period, the rest breaks and meal breaks are to be taken at those times. Timing of breaks in absence of agreement
2: In the absence of an agreement, the rest breaks and meal breaks are to be taken in accordance with the applicable provision in subsections (3) to (7). Work period between 2 hours and 4 hours
3: If section 69ZD(2) Work period between 4 hours and 6 hours
4: If section 69ZD(3)
a: the rest break one-third of the way through the work period; and
b: the meal break two-thirds of the way through the work period. Work period between 6 hours and 8 hours
5: If section 69ZD(4)
a: a rest break halfway between the start of work and the meal break; and
b: the meal break in the middle of the work period; and
c: a rest break halfway between the meal break and the finish of the work period. Work period over 8 hours
6: If section 69ZD(5) and (6)
a: a rest break halfway between the start of work and the meal break; and
b: the meal break in the middle of the work period; and
c: a rest break halfway between the meal break and the finish of the work period.
7: If section 69ZD(5) and (7)
a: if the subsequent period is 2 hours or more but not more than 4 hours, the rest break in the middle of the subsequent period:
b: if the subsequent period is more than 4 hours but not more than 6 hours,—
i: the rest break one-third of the way through the subsequent period; and
ii: the meal break two-thirds of the way through the subsequent period:
c: if the subsequent period is more than 6 hours but not more than 8 hours,—
i: a rest break halfway between the start of the subsequent period and the meal break; and
ii: the meal break in the middle of the subsequent period; and
iii: a rest break halfway between the meal break and the finish of the subsequent period. Section 69ZE replaced 6 May 2019 section 43 Employment Relations Amendment Act 2018
69ZEA: Exemption from requirement to provide rest breaks and meal breaks
1: An employer is exempt from the requirement to provide rest breaks and meal breaks in accordance with section 69ZD(1)
2: This subsection applies if—
a: the employer is engaged in the protection of New Zealand’s national security; and
b: continuity of service is critical to New Zealand’s national security; and
c: the employer would incur unreasonable costs in replacing an employee, employed in the protection of New Zealand’s national security, during the rest breaks and meal breaks—
i: with another person who has sufficient skills and experience; and
ii: without compromising New Zealand’s national security.
3: This subsection applies if—
a: the employer is engaged in an essential service; and
b: continuity of service or production in the essential service is critical to the public interest, including (without limitation) services affecting public safety; and
c: the employer would incur unreasonable costs in replacing an employee, employed in the essential service, during the rest breaks and meal breaks—
i: with another person who has sufficient skills and experience; and
ii: without compromising public safety.
4: If subsection (2) or (3) applies, the employer and employee may agree that any rest breaks and meal breaks are to be taken in a different manner (including the number and timing of breaks) than specified in this Part. Section 69ZEA replaced 6 May 2019 section 43 Employment Relations Amendment Act 2018
69ZEB: Compensatory measures
1: If the employer and employee are unable to reach agreement under section 69ZEA(4)
2: In this section, compensatory measure
a: means a measure that is reasonable and designed to compensate an employee for a failure to provide rest breaks or meal breaks in accordance with section 69ZD(1)
b: may include (without limitation)—
i: a measure that provides the employee with time off work at an alternative time during the employee’s work period (for example, by allowing a later start time, an earlier finish time, or an accumulation of time off work that may be taken on 1 or more occasions); or
ii: financial compensation; or
iii: both time off work at an alternative time and financial compensation.
3: For the purposes of subsection (2),—
a: if the compensatory measure provided is time off work at an alternative time,—
i: the employee must be provided with at least an equivalent amount of time off work (that is, the same amount of time that the employee would otherwise have taken as a rest break or meal break); and
ii: the time off work at an alternative time must be provided on the same basis as the rest break or meal break that the employee would otherwise have taken:
b: if the compensatory measure provided is financial compensation, that financial compensation, at a minimum, must relate to the amount of time that the employee was required to work but would otherwise have taken as a rest break or meal break, and must,—
i: in the case of an employee paid at variable rates during a work period, be calculated at the employee’s average rate of pay in the relevant work period; or
ii: in the case of any other employee, be calculated at the employee’s ordinary rate of pay:
c: if the compensatory measure includes both time off work at an alternative time and financial compensation, the total amount of alternative time plus time for which payment is made must be at least equivalent to the amount of time that the employee would otherwise have taken as a rest break or meal break.
4: For the purposes of subsection (3)(c), any financial compensation must,—
a: in the case of an employee paid at variable rates during a work period, be calculated at the employee’s average rate of pay in the relevant work period; or
b: in the case of any other employee, be calculated at the employee’s ordinary rate of pay. Section 69ZEB replaced 6 May 2019 section 43 Employment Relations Amendment Act 2018
69ZF: Penalty
An employer who does not comply with any of sections 69ZD to 69ZEB Section 69ZF inserted 1 April 2009 section 6 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 Section 69ZF amended 6 March 2015 section 51 Employment Relations Amendment Act 2014
69ZG: Relationship between Part and employment agreements
1: This Part does not prevent an employer from providing an employee with enhanced or additional entitlements to rest breaks and meal breaks (whether specified in an employment agreement or otherwise) on a basis agreed with the employee.
2: An employment agreement that excludes, restricts, or reduces an employee’s entitlements under section 69ZD 69ZE section 69ZEA 69ZEB
a: has no effect to the extent that it does so; but
b: is not an illegal contract under subpart 5
3: Section 69ZG replaced 6 March 2015 section 52 Employment Relations Amendment Act 2014 Section 69ZG(2) replaced 6 May 2019 section 44 Employment Relations Amendment Act 2018 Section 69ZG(3) repealed 6 May 2019 section 44 Employment Relations Amendment Act 2018
69ZH: Relationship between this Part and other enactments
1: If an employee is provided with, or entitled to, rest breaks or meal breaks under an enactment other than this Part,—
a: this Part prevails if the breaks provided under this Part are additional or enhanced breaks:
b: the other enactment prevails if the breaks provided under the other enactment are additional or enhanced breaks.
2: If an employee is required to take a rest break by, or under, an enactment other than this Part, the requirement for a rest break defined by, or under, the other enactment applies instead of the provisions or entitlements for rest breaks or meal breaks provided under this Part.
3: However, if subsection (2) applies, the employee’s employer must provide the employee with—
a: at least the same number of breaks as provided under this Part; and
b: breaks of at least the same duration as the breaks provided under this Part. Section 69ZH replaced 6 May 2019 section 45 Employment Relations Amendment Act 2018
7: Employment relations education leave
70: Object of this Part
The object of this Part is to provide paid leave to certain employees to increase their knowledge about employment relations for the purpose of—
a: improving relations among unions, employees, and employers; and
b: promoting the object of this Act, especially the duty of good faith.
71: Interpretation
In this Part, unless the context otherwise requires,— eligible employee employment relations education section 72 specified date
a: 1 March; or
b: such other date in a year as is specified in a collective agreement for the purposes of this Part year
a: if a collective agreement does not provide a specified date as an alternative date to 1 March, a period of 12 months beginning on 1 March and ending on the close of the last day of February in the following year, the first such year being 1 March 2001 to 28 February 2002:
b: if a collective agreement does provide a specified date as an alternative date to 1 March, a period of 12 months beginning on the specified date. Section 71 eligible employee substituted 1 December 2004 section 31 Employment Relations Amendment Act (No 2) 2004
72: Minister to approve employment relations education
1: The Minister may, for the purposes of this Part, approve
2: The Minister may approve a course of employment relations education only if satisfied that the course will further the object of this Part.
3: The Minister may delegate his or her power under subsection (1) to 1 or more persons. Section 72(1) amended 1 December 2004 section 32 Employment Relations Amendment Act (No 2) 2004
73: Union entitled to allocate employment relations education leave
1: A union is entitled to allocate employment relations education leave to eligible employees in accordance with this Part.
2: The maximum number of days of employment relations education leave that a union is entitled to allocate in a year in respect of an employer's eligible employees is the number of days calculated in accordance with section 74
3: The maximum number of days of employment relations education leave that a union is entitled to allocate in a year to an eligible employee is 5 days, unless the employee's employer agrees to the allocation of additional days.
4: Employment relations education leave expires if it is not allocated by the end of the year in respect of which it is calculated under section 74
74: Calculation of maximum number of days of employment relations education leave
1: The maximum number of days of employment relations education leave that a union is entitled to allocate in respect of an employer is based on the number of full-time equivalent eligible employees employed by the employer as at the 30th day before The following table is small in size and has 2 columns. Column 1 is headed Full-time equivalent eligible employees as at the 30th day before the specified date in a year. Column 2 is headed Maximum number of days of employment relations education leave that union entitled to allocate. Full-time equivalent eligible employees as at the 30th day before Maximum number of days of employment relations education leave that union entitled to allocate 1–5 3 6–50 5 51–280 1 day for every 8 full-time equivalent eligible employees or part of that number 281 or more 35 days plus 5 days for every 100 full-time equivalent eligible employees or part of that number that exceeds 280
2: For the purposes of calculating the number of full-time equivalent eligible employees employed by an employer,—
a: an eligible employee who normally works 30 hours or more during a week is to be counted as 1:
b: an eligible employee who normally works less than 30 hours during a week is to be counted as one-half. Section 74(1) amended 1 December 2004 section 33(1) Employment Relations Amendment Act (No 2) 2004 Section 74(1) table amended 1 December 2004 section 33(2) Employment Relations Amendment Act (No 2) 2004
75: Union to notify employer of maximum number of days of employment relations education leave calculated
1: After calculating the maximum number of days of employment relations education leave, a union must give the employer concerned a notice containing—
a: the maximum number of days calculated in respect of the employer; and
b: the details of the calculation.
2: The union must comply with subsection (1) within 1 month after the specified date in each year.
3: Until a union complies with this section, the union must not allocate employment relations education leave.
4: If a union fails to comply with subsections (1) and (2), the union forfeits one-twelfth of the employment relations education leave for each complete month that the failure continues.
76: Allocation of employment relations education leave calculated in respect of another employer
1: This section applies to a union that is a party to a collective agreement with 2 or more employers.
2: A union may allocate employment relations education leave calculated in respect of an employer to 1 or more eligible employees of another employer only if, and to the extent that, the employers concerned agree, and subject to any terms and conditions agreed with the employers.
77: Allocation of employment relations education leave to eligible employee
1: A union allocates employment relations education leave to an eligible employee by giving a notice to the employee, and a copy of the notice to the employee's employer, that informs the employee—
a: that the union has allocated employment relations education leave to the employee; and
b: of the number of days of employment relations education leave allocated to the employee; and
c: that the employee must take the employment relations education leave by the end of the year in which it is allocated; and
d: of the terms or effect of sections 78 79
2: The allocation of employment relations education leave does not, of itself, entitle the employee to take the leave.
78: Eligible employee proposing to take employment relations education leave
1: An eligible employee proposing to take employment relations education leave must tell his or her employer—
a: that the employee proposes to take that leave; and
b: the dates on which the employee proposes to take that leave; and
c: the employment relations education that the employee proposes to undertake during that leave.
2: An eligible employee must not take employment relations education leave unless the employee complies with subsection (1) as soon as possible, but in any event no later than 14 days before the first day of such leave.
3: An employer may refuse to allow an eligible employee to take employment relations education leave if the employer is satisfied, on reasonable grounds, that the employee taking employment relations education leave on the dates notified would unreasonably disrupt the employer's business.
3A: To avoid doubt, a representative of an eligible employee may comply with subsection (1) on behalf of the eligible employee.
4: In subsection (2), day Section 78(3A) inserted 1 December 2004 section 34 Employment Relations Amendment Act (No 2) 2004
79: Eligible employee taking employment relations education leave entitled to ordinary pay
1: An employer must pay to an eligible employee the employee's relevant daily pay as defined in section 9 section 9A
2: However, an employer is not required to comply with subsection (1) in respect of any day for which the eligible employee is paid weekly compensation under the Accident Compensation Act 2001 Section 79(1) substituted 1 April 2011 section 18 Holidays Amendment Act 2010 Section 79(2) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 79(2) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010
8: Strikes and lockouts
80: Object of this Part
The object of this Part is—
a: to recognise that the requirement that a union and an employer must deal with each other in good faith does not preclude certain strikes and lockouts being lawful (as defined in this Part); and
b: to define lawful and unlawful strikes and lockouts; and
ba: to provide notice requirements for all strikes and lockouts; and
bb:
c: to ensure that where a strike or lockout is threatened in an essential service, there is an opportunity for a mediated solution to the problem. Section 80(ba) inserted 6 March 2015 section 53 Employment Relations Amendment Act 2014 Section 80(bb) repealed 12 December 2018 section 27 Employment Relations Amendment Act 2018 Interpretation
81: Meaning of strike
1: In this Act, strike
a: is the act of a number of employees who are or have been in the employment of the same employer or of different employers—
i: in discontinuing that employment, whether wholly or partially, or in reducing the normal performance of it; or
ii: in refusing or failing after any such discontinuance to resume or return to their employment; or
iii: in breaking their employment agreements; or
iv: in refusing or failing to accept engagement for work in which they are usually employed; or
v: in reducing their normal output or their normal rate of work; and
b: is due to a combination, agreement, common understanding, or concerted action, whether express or , as the case requires,
2: In this Act, strike
a: by an employer; or
b: by an employment agreement; or
c: by this Act.
3: In this Act, to strike 1991 No 22 s 61 Section 81(1)(b) amended 14 May 2013 section 6 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012
82: Meaning of lockout
1: In this Act, lockout
a: is the act of an employer—
i: in closing the employer's place of business, or suspending or discontinuing the employer's business or any branch of that business; or
ii: in discontinuing the employment of any employees; or
iii: in breaking some or all of the employer's employment agreements; or
iv: in refusing or failing to engage employees for any work for which the employer usually employs employees; and
b: is done with a view to compelling employees, or to aid another employer in compelling employees, to—
i: accept terms of employment; or
ii: comply with demands made by the employer.
2: In this Act, to lock out 1991 No 22 s 62 Lawfulness of strikes and lockouts
82A: Requirement for union to hold secret ballot before strike
1: This section applies to—
a: a union that—
i: is bound by a current collective agreement; or
ii: will be bound by a proposed collective agreement; and
b: members of that union who are employees who are or have been in the employment of the same employer or of different employers and who—
i: are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i); or
ii: will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii).
2: Before a strike may proceed under this Part,—
a: the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and
b: the result of the secret ballot must be in favour of the strike.
3: For the purposes of subsection (2)(b), the result of a secret ballot is determined by a simple majority of the members of the union who are entitled to vote and who do vote.
4: As soon as is reasonably practicable after the conclusion of the secret ballot under subsection (2), the union must notify the result of the ballot to the members of the union who were entitled to vote. Section 82A inserted 14 May 2013 section 7 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012
82B: Terms of question for secret ballot
The question to be voted on in a secret ballot for the purposes of section 82A Section 82B inserted 14 May 2013 section 7 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012
82C: When requirement for secret ballot does not apply
Sections 82A 82B section 84 Section 82C inserted 14 May 2013 section 7 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012
83: Lawful strikes and lockouts related to collective bargaining
Participation in a strike or lockout is lawful if the strike or lockout—
a: is not unlawful under section 86
b: relates to bargaining—
i: for a collective agreement that will bind each of the employees concerned; or
ii: with regard to an aspect of a collective agreement in respect of which the right to strike or lock out, as the case may be, is available under a declaration made by the court under section 192(2)(c) 1991 No 22 s 64(1)
84: Lawful strikes and lockouts on grounds of safety or health
Participation in a strike or lockout is lawful if the employees who strike have, or the employer who locks out has, reasonable grounds for believing that the strike or lockout is justified on the grounds of safety or health. 1991 No 22 s 71(1)
85: Effect of lawful strike or lockout
1: Lawful participation in a strike or lockout does not give rise—
a: to proceedings under section 99
b: to proceedings under section 100
c: to any action or proceedings—
i: for a breach of an employment agreement; or
ii: for a penalty under this Act; or
iii: for the grant of a compliance order.
2: Where it is proved in proceedings that participation in a strike or lockout of a kind described in section 86 section 84 1991 No 22 ss 64(2), 71(2)
86: Unlawful strikes or lockouts
1: Participation in a strike or lockout is unlawful if the strike or lockout—
aa: in the case of a strike, takes place in contravention of section 82A
a: occurs while a collective agreement binding the employees participating in the strike or affected by the lockout is in force, unless subsection (2) applies; or
b: occurs during bargaining for a proposed collective agreement that will bind the employees participating in the strike or affected by the lockout, unless—
i: at least 40 days have passed since the bargaining was initiated; and
ii: if on the date bargaining was initiated the employees were bound by the same collective agreement, that collective agreement has expired; and
iii: if on that date the employees were bound by different collective agreements, at least 1 of those collective agreements has expired; or
ba: occurs in a situation where,—
i: in the case of a strike, the employee has failed to comply with the notice requirements in section 86A 93
ii: in the case of a lockout, the employer has failed to comply with the notice requirements in section 86B 94
c: relates to a personal grievance; or
d: relates to a dispute; or
da: relates to a bargaining fee clause or proposed bargaining fee clause under Part 6B
e: relates to any matter dealt with in Part 3
ea:
f: is in an essential service and the requirements as to notice that are contained in section 90 section 91
g: takes place in contravention of an order of the court.
2: Subsection (1)(a) does not apply—
a: to an aspect of a collective agreement in respect of which the right to strike or lock out, as the case may be, is available under a declaration made by the court under section 192(2)(c)
b: to a collective agreement that is still in force after the first of the collective agreements referred to in subsection (1)(b)(iii) has expired, for so long as that bargaining continues.
3: For the purposes of this section, in determining whether a collective agreement is in force or has expired section 53 1991 No 22 s 63(a)–(d), (f), (g) Section 86(1)(aa) inserted 14 May 2013 section 8 Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 Section 86(1)(ba) inserted 6 March 2015 section 54 Employment Relations Amendment Act 2014 Section 86(1)(da) inserted 1 December 2004 section 35 Employment Relations Amendment Act (No 2) 2004 Section 86(1)(ea) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Notice of strike or lockout Heading inserted 6 March 2015 section 55 Employment Relations Amendment Act 2014
86A: Notice of strike
1: No employees may strike—
a: unless participation in the strike is lawful under section 83 84
b: without having given to the employees' employer and to the chief executive notice of the employees' intention to strike; and
c: before the date and time specified in the notice as the date and time on which the strike will begin.
2: The notice required under subsection (1) must—
a: be in writing; and
b: specify the following information:
i: the period of notice given; and
ii: the nature of the proposed strike, including whether or not it will be continuous; and
iii: the place or places where the proposed strike will occur; and
iv: the date and time on which the strike will begin; and
v: the date and time on which, or an event on the occurrence of which, the strike will end.
3: The notice—
a: must be signed by a representative of the employees' union on the employees' behalf:
b: need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
i: are members of a union that is a party to the bargaining; and
ii: are covered by the bargaining; and
iii: are employed in the relevant part of the workplace or at any particular place or places where the work is carried on.
3A: An omission or error in any information specified under subsection (2)(b) or a failure to comply with subsection (3)(a) does not affect the validity of the notice if the omission, error, or failure is minor and technical only.
4: To avoid doubt, this section does not apply if notice is required under any of the following provisions:
a: section 90
b: section 93
c: section 589 Section 86A inserted 6 March 2015 section 55 Employment Relations Amendment Act 2014 Section 86A(3A) inserted 12 December 2018 section 28 Employment Relations Amendment Act 2018 Section 86A(4)(c) amended 1 August 2020 section 668 Education and Training Act 2020
86B: Notice of lockout
1: No employer may lock out any employees—
a: unless participation in the lockout is lawful under section 83 84
b: without having given to the employees' union or unions and to the chief executive notice of the employer's intention to lock out; and
c: before the date and time specified in the notice as the date and time on which the lockout will begin.
2: The notice required under subsection (1) must—
a: be in writing; and
b: specify the following information:
i: the period of notice given; and
ii: the nature of the proposed lockout, including whether or not it will be continuous; and
iii: the place or places where the proposed lockout will occur; and
iv: the date and time on which the lockout will begin; and
v: the date and time on which, or an event on the occurrence of which, the lockout will end; and
vi: the names of the employees who will be locked out.
3: The lockout notice must be signed by the employer or on the employer's behalf.
4: To avoid doubt, this section does not apply if notice is required under any of the following provisions:
a: section 91
b: section 94 Section 86B inserted 6 March 2015 section 55 Employment Relations Amendment Act 2014 Suspension of employees during strikes
87: Suspension of striking employees
1: Where there is a strike, the employer may suspend the employment of an employee who is a party to the strike.
2: Unless sooner revoked by the employer, a suspension under subsection (1) continues until the strike is ended.
3: The suspension under this section of all or any of the employees who are on strike does not end the strike and those employees do not, by reason only of their suspension under subsection (1), cease to be parties to the strike.
4: An employee who is suspended under subsection (1) is not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the suspension.
5: On the resumption of the employee's employment, the employee's service must be treated as continuous, despite the period of suspension, for the purpose of rights and benefits that are conditional on continuous service. 1991 No 22 s 65
88: Suspension of non-striking employees where work not available during strike
1: Where there is a strike, and as a result of the strike an employer is unable to provide for a non-striking employee work that is normally performed by that employee, the employer may suspend the employee's employment until the strike is ended.
2: A non-striking employee who is suspended under subsection (1) is not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the suspension.
3: On the resumption of the employee's employment, that employee's service must be treated as continuous, despite the period of suspension, for the purpose of rights and benefits that are conditional on continuous service.
4: Where a non-striking employee or group of non-striking employees is suspended under subsection (1), that employee or group of employees may—
a: challenge the suspension by applying for the grant of a compliance order under section 137
b: seek other remedies under this Act in respect of the suspension, including (without limitation) arrears of wages.
5: In this section, non-striking employee 1991 No 22 s 66(1), (2)
89: Basis of suspension
Where an employer suspends an employee under section 87 section 88 1991 No 22 s 67 Essential services
90: Strikes in essential services
1: No employee employed in an essential service may strike—
a: unless participation in the strike is lawful under section 83 section 84
b: if subsection (2) applies,—
i: without having given to his or her employer and to the chief executive, within 28 days before the date of the commencement of the strike, notice in writing of his or her intention to strike; and
ii: before the date and time specified in the notice as the date and time on which the strike will begin.
2: The requirements specified in subsection (1)(b) apply if—
a: the proposed strike will affect the public interest, including (without limitation) public safety or health; and
b: the proposed strike relates to bargaining of the type specified in section 83(b)
3: The notice required by subsection (1)(b)(i) must specify—
a: the period of notice, being a period that is—
i: no less than 14 days in the case of an essential service described in Part A
ii: no less than 3 days in the case of an essential service described in Part B
b: the nature of the proposed strike, including whether or not the proposed action will be continuous; and
c: the place or places where the proposed strike will occur; and
d: the date and time on which the strike will begin; and
e: the date and time on which, or an event on the occurrence of which, the strike will end.
4: The notice—
a: must be signed by a representative of the employee's union on the employee's behalf:
b: need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
i: are members of a union that is a party to the bargaining; and
ii: are covered by the bargaining; and
iii: are employed in the relevant part of the essential service or at any particular place or places where the essential service is carried on. 1991 No 22 s 69 Section 90(1)(b)(ii) replaced 6 March 2015 section 56(1) Employment Relations Amendment Act 2014 Section 90(3)(d) replaced 6 March 2015 section 56(2) Employment Relations Amendment Act 2014 Section 90(3)(e) inserted 6 March 2015 section 56(2) Employment Relations Amendment Act 2014
91: Lockouts in essential services
1: No employer engaged in an essential service may lock out any employees who are employed in the essential service—
a: unless participation in the lockout is lawful under section 83 section 84
b: if subsection (2) applies,—
i: without having given to the employees' union or unions and to the chief executive, within 28 days before the date of commencement of the lockout, notice in writing of the employer's intention to lock out; and
ii: before the date and time specified in the notice as the date and time on which the lockout will begin.
2: The requirements specified in subsection (1)(b) apply if—
a: the proposed lockout will affect the public interest, including (without limitation) public safety or health; and
b: the proposed lockout relates to bargaining of the type specified in section 83(b)
3: The notice required by subsection (1)(b)(i) must specify—
a: the period of notice, being a period that is—
i: no less than 14 days in the case of an essential service described in Part A
ii: no less than 3 days in the case of an essential service described in Part B
b: the nature of the proposed lockout, including whether or not it will be continuous; and
c: the place or places where the proposed lockout will occur; and
d: the date and time on which the lockout will begin; and
da: the date and time on which, or an event on the occurrence of which, the lockout will end; and
e: the names of the employees who will be locked out.
4: The notice must be signed either by the employer or on the employer's behalf. 1991 No 22 s 70 Section 91(1)(b)(ii) replaced 6 March 2015 section 57(1) Employment Relations Amendment Act 2014 Section 91(3)(d) replaced 6 March 2015 section 57(2) Employment Relations Amendment Act 2014 Section 91(3)(da) inserted 6 March 2015 section 57(3) Employment Relations Amendment Act 2014
92: Chief executive to ensure mediation services provided
Where the chief executive receives a notice of intention to strike or lock out under section 90(1)(b)(i) section 91(1)(b)(i) Procedure to provide public with notice before strike or lockout in certain passenger transport services
93: Procedure to provide public with notice before strike in certain passenger transport services
1: No employee employed in a passenger road service or a passenger rail service may strike—
a: unless participation in the strike is lawful under section 83 section 84
b: without the employee's union giving his or her employer notice in writing of the employee's intention to strike.
2: The notice required by subsection (1) must specify—
a: the period of notice, being a period of not less than 24 hours; and
b: the nature of the proposed strike, including whether or not the proposed action will be continuous; and
c: the particular passenger road service or passenger rail service that will be affected by the strike; and
d: the date and time on which the strike will begin; and
e: the date and time on which, or an event on the occurrence of which, the strike will end.
3: The notice—
a: must be signed by a representative of the employee's union; and
b: need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
i: are members of a union that is a party to the bargaining; and
ii: are covered by the bargaining; and
iii: are employed in the relevant part of the passenger road service or passenger rail service.
4: An employer who is given notice of a strike under subsection (1) must take all practicable steps to ensure that the public who are likely to be affected are notified of the strike as soon as possible after the employer receives the notice.
5: For the purposes of this section and section 94 passenger road service section 2(1) Section 93(2)(d) replaced 6 March 2015 section 58 Employment Relations Amendment Act 2014 Section 93(2)(e) inserted 6 March 2015 section 58 Employment Relations Amendment Act 2014 Section 93(5) substituted 1 October 2007 section 95(6) Land Transport Amendment Act 2005
94: Procedure to provide public with notice before lockout in certain passenger transport services
1: No employer engaged in providing a passenger road service or passenger rail service may lock out employees who are employed in the service—
a: unless participation in the lockout is lawful under section 83 section 84
b: without having given to the employees' union or unions notice in writing of the employer's intention to lock out.
2: The notice required by subsection (1) must specify—
a: the period of notice, being a period of not less than 24 hours; and
b: the nature of the proposed lockout, including whether or not it will be continuous; and
c: the particular passenger road service or passenger rail service that will be affected by the lockout; and
d: the date and time on which the lockout will begin; and
da: the date and time on which, or an event on the occurrence of which, the lockout will end; and
e: the names of the employees who will be locked out.
3: The notice must be signed either by the employer or on the employer's behalf.
4: An employer engaged in providing a passenger road service or passenger rail service and who intends to lock out any employees who are employed in the service must take all practicable steps to ensure that the public who are likely to be affected are notified of the lockout as soon as possible. Section 94(2)(d) replaced 6 March 2015 section 59(1) Employment Relations Amendment Act 2014 Section 94(2)(da) inserted 6 March 2015 section 59(2) Employment Relations Amendment Act 2014
95: Penalty for breach of section 93(4) or 94(4)
1: An employer who fails to comply with section 93(4) 94(4)
2: Except as provided in this section, an employer is under no liability (whether under this Act or the general law) for a failure to comply with section 93(4) 94(4) Section 95 replaced 6 March 2015 section 60 Employment Relations Amendment Act 2014 Withdrawal of notice of strike or lockout Heading inserted 6 March 2015 section 61 Employment Relations Amendment Act 2014
95AA: Withdrawal of notice of strike or lockout
1: A strike notice given under section 86A 90 93
a: the employees' employer; and
b: the chief executive.
2: A lockout notice given under section 86B 91 94
a: the employees' union or unions; and
b: the chief executive. Section 95AA inserted 6 March 2015 section 61 Employment Relations Amendment Act 2014 Interpretation Heading repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95A: Meaning of partial strike and specified pay deduction
Section 95A repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018 Specified pay deductions in relation to partial strike Heading repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95B: Employer may make specified pay deductions in relation to partial strike
Section 95B repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95C: Notice of specified pay deduction
Section 95C repealed 12 December 2018 Employment Relations Amendment Act 2018
95D: Calculation of specified pay deduction
Section 95D repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95E: Relationship between specified pay deduction and minimum wage
Section 95E repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018 Rights of union in relation to specified pay deductions Heading repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95F: Union may request information about specified pay deduction
Section 95F repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95G: Employer must respond to request for information about specified pay deduction
Section 95G repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018
95H: Resolution of problem relating to specified pay deduction
Section 95H repealed 12 December 2018 section 29 Employment Relations Amendment Act 2018 Employer's liability for wages during lockout
96: Employer not liable for wages during lockout
1: Where any employees are locked out by their employer, those employees are not entitled to any remuneration by way of salary, wages, allowances, or other emoluments in respect of the period of the lockout, unless the employer's participation in the lockout is unlawful.
2: On the resumption of work by the employees, their service must be treated as continuous, despite the period of the lockout, for the purpose of rights and benefits that are conditional on continuous service. 1991 No 22 s 72 Performance of duties of striking or locked out employees
97: Performance of duties of striking or locked out employees
1: This section applies if there is a lockout or lawful strike.
2: An employer may employ or engage another person to perform the work of a striking or locked out employee only in accordance with subsection (3) or subsection (4).
3: An employer may employ another person to perform the work of a striking or locked out employee if the person—
a: is already employed by the employer at the time the strike or lockout commences; and
b: is not employed principally for the purpose of performing the work of a striking or locked out employee; and
c: agrees to perform the work.
4: An employer may employ or engage another person to perform the work of a striking or locked out employee if—
a: there are reasonable grounds for believing it is necessary for the work to be performed for reasons of safety or health; and
b: the person is employed or engaged to perform the work only to the extent necessary for reasons of safety or health.
5: A person who performs the work of a striking or locked out employee in accordance with subsection (3) or subsection (4) must not perform that work for any longer than the duration of the strike or lockout.
6: An employer who fails to comply with this section is liable to a penalty imposed by the Authority under this Act in respect of each person who performs the work concerned. Record of strikes and lockouts
98: Record of strikes and lockouts
If a strike or lockout occurs, the employer of the employees participating in the strike or affected by the lockout must—
a: keep a record, in the prescribed form, of the strike or lockout; and
b: give to the chief executive, within 1 month after the end of the strike or lockout, a copy of that record. 1991 No 22 s 142 Jurisdiction of Employment Court
99: Jurisdiction of court in relation to torts
1: The court has full and exclusive jurisdiction to hear and determine proceedings founded on tort—
a: issued against a party to a strike or lockout that is threatened, is occurring, or has occurred, and that have resulted from or are related to that strike or lockout:
b: issued against any person in respect of picketing related to a strike or lockout.
2: No other court has jurisdiction to hear and determine any action or proceedings founded on tort—
a: resulting from or related to a strike or lockout:
b: in respect of any picketing related to a strike or lockout.
3: Where any action or proceedings founded on tort are commenced in the court, and the court is satisfied that the proceedings resulted from or related to participation in a strike or lockout that is lawful under section 83 section 84
a: the court must dismiss those proceedings; and
b: no proceedings founded on tort and resulting from or related to that strike or lockout may be commenced in the District Court or the High Court. 1991 No 22 s 73
100: Jurisdiction of court in relation to injunctions
1: The court has full and exclusive jurisdiction to hear and determine any proceedings issued for the grant of an injunction—
a: to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
b: to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout ; or
c:
2: No other court has jurisdiction to hear and determine any action or proceedings seeking the grant of an injunction—
a: to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
b: to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout ; or
c:
3: Where any action or proceedings seeking the grant of an injunction to stop a strike or lockout or to prevent a threatened strike or lockout are commenced in the court, and the court is satisfied that participation in the strike or lockout is lawful under section 83 section 84
a: the court must dismiss that action or those proceedings; and
b: no proceedings seeking the grant of an injunction to stop that strike or lockout or to prevent that threatened strike or lockout may be commenced in the District Court or the High Court.
4:
5: 1991 No 22 s 74 Section 100(1)(b) amended 6 March 2015 section 63(1) Employment Relations Amendment Act 2014 Section 100(1)(c) repealed 12 December 2018 section 30(1) Employment Relations Amendment Act 2018 Section 100(2)(b) amended 6 March 2015 section 63(3) Employment Relations Amendment Act 2014 Section 100(2)(c) repealed 12 December 2018 section 30(1) Employment Relations Amendment Act 2018 Section 100(4) repealed 12 December 2018 section 30(2) Employment Relations Amendment Act 2018 Section 100(5) repealed 12 December 2018 section 30(2) Employment Relations Amendment Act 2018
8A: Codes of employment practice and code of good faith for public health sector
Part 8A inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004 Codes of employment practice Heading inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004
100A: Codes of employment practice
1: The Minister may, by notice
2:
3: Before the Minister approves a code of employment practice, the Minister must consult, or be satisfied that there has been consultation, with such persons and organisations as the Minister thinks appropriate, including relevant employer and employee interests.
4: The purpose of a code of employment practice is to provide guidance on the application of any of the Acts specified in section 223(1)
a: generally; or
b: in relation to particular types of situations; or
c: in relation to particular parts or areas of the employment environment.
5: A code of employment practice 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: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • notify its approval in the Gazette Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100A inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004 Section 100A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 100A(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 100A(4) amended 6 November 2020 section 27(1) Equal Pay Amendment Act 2020 Section 100A(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
100B: Amendment and revocation of code of practice
A code of practice may be amended or revoked in the same manner as the code is approved. Section 100B inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004
100C: Authority or court may have regard to code of employment practice
1: A code of employment practice is admissible in any civil or criminal proceedings as evidence of whether the enactment to which it relates has been complied with.
2: The Authority or a court may—
a: have regard to the code as evidence of compliance with the provisions of the enactment to which it relates; and
b: rely on the code in determining what is required to comply with those provisions. 2015 No 70 s 226 Section 100C replaced 6 November 2020 section 28 Equal Pay Amendment Act 2020 Code of good faith for public health sector Heading inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004
100D: Code of good faith for public health sector
1: Schedule 1B
2: The code—
a: applies subject to the other provisions of this Act and any other enactment; and
b: in particular, does not limit the application of the duty of good faith in section 4
3: Compliance with the code does not, of itself, necessarily mean that the duty of good faith in section 4
4: It is a breach of the duty of good faith in section 4
5: This section does not prevent a code of good faith approved under section 35 section 100A
6: However, in the case of any inconsistency, the code set out in Schedule 1B section 35 section 100A Section 100D inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004
100E: Amendments to or replacement of code of good faith for public health sector
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or replace the code of good faith for the public health sector set out in Schedule 1B
2: The Minister must not make a recommendation under subsection (1) unless—
a: requested to do so by—
i: Health New Zealand
ii: unions who represent not less than three-quarters of union members employed by Health New Zealand
b: the Minister has consulted the Minister of Health and such other persons and organisations as he or she considers appropriate.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100E inserted 1 December 2004 section 36 Employment Relations Amendment Act (No 2) 2004 Section 100E(2)(a)(i) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 100E(2)(a)(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 100E(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100F: Code of good faith for employment relationships in relation to provision of services by New Zealand Police
1: Schedule 1C
2: The code—
a: applies subject to the other provisions of this Act and any other enactment; and
b: in particular, does not limit the application of the duty of good faith in section 4
3: Compliance with the code does not, of itself, necessarily mean that the duty of good faith in section 4
4: It is a breach of the duty of good faith in section 4
5: This section does not prevent a code of good faith approved under section 35 section 100A
6: However, in the case of any inconsistency, the code set out in Schedule 1C section 35 100A Section 100F inserted 1 October 2008 section 120 Policing Act 2008
100G: Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or replace the code of good faith for employment relationships in relation to the provision of services by the New Zealand Police set out in Schedule 1C
2: The Minister must not make a recommendation under subsection (1) unless—
a: requested to do so by the Commissioner of Police and service organisations representing not less than three-quarters of service organisation members employed by the Police; and
b: the Minister has consulted the Minister of Police and any other persons and organisations that he or she considers appropriate.
3: In this section, service organisation section 55
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 100G inserted 1 October 2008 section 120 Policing Act 2008 Section 100G(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Personal grievances, disputes, and enforcement
Object
101: Object of this Part
The object of this Part is—
a: to recognise that, in resolving employment relationship problems, access to both information and mediation services is more important than adherence to rigid formal procedures; and
ab: to recognise that employment relationship problems are more likely to be resolved quickly and successfully if the problems are first raised and discussed directly between the parties to the relationship; and
b: to continue to give special attention to personal grievances, and to facilitate the raising of personal grievances with employers; and
c:
d: to ensure that the role of the Authority and the court in resolving employment relationship problems is to determine the rights and obligations of the parties rather than to fix terms and conditions of employment. Section 101(ab) inserted 1 December 2004 section 37 Employment Relations Amendment Act (No 2) 2004 Section 101(c) repealed 1 April 2011 section 14 Employment Relations Amendment Act 2010 Personal grievances
102: Employee may pursue personal grievance under this Act
An employee who believes that he or she has a personal grievance may pursue that grievance under this Act.
103: Personal grievance
1: For the purposes of this Act, personal grievance
a: that the employee has been unjustifiably dismissed; or
b: that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or
c: that the employee has been discriminated against in the employee's employment; or
d: that the employee has been sexually harassed in the employee's employment; or
da: that the employee has been treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family
e: that the employee has been racially harassed in the employee's employment; or
f: that the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees organisation ; or
g: that the employee's employer has failed to comply with a requirement of Part 6A ; or
h: that the employee has been disadvantaged by the employee’s employment agreement not being in accordance with section 67C 67D 67G 67H
i: that the employee’s employer has contravened section 67F 67G(3) j that the employee’s employer has, in relation to the employee,—
i: engaged in adverse conduct for a prohibited health and safety reason; or
ii: contravened section 92
k: that the employer has retaliated, or threatened to retaliate, against the employee in breach of section 21
2: For the purposes of this Part, a representative
a: who is employed by that employer; and
b: who either—
i: has authority over the employee alleging the grievance; or
ii: is in a position of authority over other employees in the workplace of the employee alleging the grievance.
3: In subsection (1)(b), unjustifiable action by the employer does not include an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of any employment agreement.
4: For the purposes of sections 103B 115A 123A
a: references to the employer were references to the controlling third party; and
b: references to the employee’s employment included work the employee has performed under the control or direction of a controlling third party. 1991 No 22 s 27 Section 103(1)(da) inserted 1 April 2019 section 8 Domestic Violence—Victims' Protection Act 2018 Section 103(1)(da) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 103(1)(f) amended 14 September 2006 section 7(1) Employment Relations Amendment Act 2006 Section 103(1)(g) added 14 September 2006 section 7(2) Employment Relations Amendment Act 2006 Section 103(1)(g) amended 10 September 2008 section 7(1) Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 Section 103(1)(h) replaced 1 April 2016 section 10 Employment Relations Amendment Act 2016 Section 103(1)(i) inserted 1 April 2016 section 10 Employment Relations Amendment Act 2016 Section 103(1)(i) amended 17 December 2016 section 44 Statutes Amendment Act 2016 Section 103(1)(j) inserted 4 April 2016 section 5 Employment Relations Amendment Act 2015 Section 103(1)(k) inserted 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 103(4) inserted 27 June 2020 section 5 Employment Relations (Triangular Employment) Amendment Act 2019
103A: Test of justification
1: For the purposes of section 103(1)(a)
2: The test is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.
3: In applying the test in subsection (2), the Authority or the court must consider—
a: whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and
b: whether the employer raised the concerns that the employer had with the employee before dismissing or taking action against the employee; and
c: whether the employer gave the employee a reasonable opportunity to respond to the employer's concerns before dismissing or taking action against the employee; and
d: whether the employer genuinely considered the employee's explanation (if any) in relation to the allegations against the employee before dismissing or taking action against the employee.
4: In addition to the factors described in subsection (3), the Authority or the court may consider any other factors it thinks appropriate.
5: The Authority or the court must not determine a dismissal or an action to be unjustifiable under this section solely because of defects in the process followed by the employer if the defects were—
a: minor; and
b: did not result in the employee being treated unfairly. Section 103A substituted 1 April 2011 section 15 Employment Relations Amendment Act 2010
103B: Joining controlling third party to personal grievance
1: This section applies if—
a: an employee has—
i: raised a personal grievance in accordance with section 114
ii: applied to the Authority to resolve a personal grievance with the employee’s employer; and
b: the personal grievance relates to an action that is alleged to have occurred while the employee was working under the control or direction of a controlling third party.
2: The employee or the employer, or both, may apply to the Authority or the court to join the controlling third party to the proceedings to resolve the personal grievance.
3: The Authority or the court must grant the application to join a controlling third party if the Authority or the court is satisfied—
a: that the requirement to notify the controlling third party in accordance with section 115A
b: that an arguable case has been made out—
i: that the party to be joined to the proceedings is a controlling third party; and
ii: that the party’s actions caused or contributed to the personal grievance.
4: The Authority or the court may, at any stage of the proceedings, of its own motion join a controlling third party to the proceedings by order.
5: If the Authority or the court joins the controlling third party to the proceedings, the Authority or the court must consider whether to direct the employer, the employee, and the controlling third party to use mediation services to seek to resolve the personal grievance. Section 103B inserted 27 June 2020 section 6 Employment Relations (Triangular Employment) Amendment Act 2019
104: Discrimination
1: For the purposes of section 103(1)(c) discriminated against in that employee's employment section 105 or the employee’s union membership status or involvement in union activities section 107
a: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or
b: dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
c: retires that employee, or requires or causes that employee to retire or resign.
2: For the purposes of this section, detriment
3: This section is subject to the exceptions set out in section 106 1991 No 22 s 28(1) Section 104(1) amended 11 June 2019 section 31 Employment Relations Amendment Act 2018 Section 104(1) amended 4 April 2016 section 6 Employment Relations Amendment Act 2015
105: Prohibited grounds of discrimination for purposes of section 104
1: The prohibited grounds of discrimination referred to in section 104 section 21(1)
a: sex:
b: marital status:
c: religious belief:
d: ethical belief:
e: colour:
f: race:
g: ethnic or national origins:
h: disability:
i: age:
j: political opinion:
k: employment status:
l: family status:
m: sexual orientation.
2: The items listed in subsection (1) have the meanings (if any) given to them by section 21(1)
106: Exceptions in relation to discrimination
1: Section 104 Human Rights Act 1993
a: section 24
b: section 25
c: section 26
d: section 27
e: section 28
f: section 29
g: section 30
h: section 31
i: section 32
j:
k: section 34
l: section 35
m: section 70
2: For the purposes of subsection (1), sections 24 to 35 section 104 section 22
a: references in sections 24 to 29 31 and 32 section 22 section 104(1)
b: references in section 30 section 34
i: to section 22(1)(a) or 22(1)(b) section 104(1)(a)
ii: to section 22(1)(c) section 104(1)(b)
iii: to section 22(1)(d) section 104(1)(c)
3: Nothing in section 104
a: anything done or omitted for any of the reasons set out in paragraph (a) or paragraph (b) of section 73(1)
b: preferential treatment granted by reason of any of the reasons set out in paragraph (a) or paragraph (b) of section 74
c: retiring an employee or requiring or causing an employee to retire at a particular age that has effect by virtue of section 149(2)
4: Despite section 104
5: Section 104 section 9(3) Section 106(1)(j) repealed 5 May 2007 section 6(2) Human Rights (Women in Armed Forces) Amendment Act 2007 Section 106(1)(m) added 1 December 2004 section 39 Employment Relations Amendment Act (No 2) 2004 Section 106(2)(a) amended 5 May 2007 section 6(3) Human Rights (Women in Armed Forces) Amendment Act 2007 Section 106(4) inserted 11 June 2019 section 32 Employment Relations Amendment Act 2018 Section 106(5) inserted 11 June 2019 section 32 Employment Relations Amendment Act 2018
107: Definition of
union membership status or involvement in union activities
1: For the purposes of section 104 involvement in union activities
a: was an officer of a union or part of a union, or was a member of the committee of management of a union or part of a union, or was otherwise an official or representative of a union or part of a union; or
b: had acted as a negotiator or representative of employees in collective bargaining; or
ba: had participated in a strike lawfully; or
c: was involved in the formation or the proposed formation of a union; or
d: had made or caused to be made a claim for some benefit of an employment agreement either for that employee or any other employee, or had supported any such claim, whether by giving evidence or otherwise; or
e: had submitted another personal grievance to that employee's employer; or
f: had been allocated, had applied to take, or had taken any employment relations education leave under this Act; or
g: was a delegate of other employees in dealing with the employer on matters relating to the employment of those employees.
2: For the purposes of section 104 union membership status
a: was a member of a union; or
b: intended to join a union.
2: 1991 No 22 s 28(2) Section 107 heading amended 11 June 2019 section 33(1) Employment Relations Amendment Act 2018 Section 107(1) amended 11 June 2019 section 33(2) Employment Relations Amendment Act 2018 Section 107(1)(ba) inserted 1 December 2004 section 40 Employment Relations Amendment Act (No 2) 2004 Section 107(2) inserted 11 June 2019 section 33(3) Employment Relations Amendment Act 2018 Section 107(2) repealed 4 April 2016 section 7 Employment Relations Amendment Act 2015
108: Sexual harassment
1: For the purposes of sections 103(1)(d) 123(d) sexually harassed in that employee's employment
a: directly or indirectly makes a request of that employee for sexual intercourse, sexual contact, or other form of sexual activity that contains—
i: an implied or overt promise of preferential treatment in that employee's employment; or
ii: an implied or overt threat of detrimental treatment in that employee's employment; or
iii: an implied or overt threat about the present or future employment status of that employee; or
b: by—
i: the use of language (whether written or spoken) of a sexual nature; or
ii: the use of visual material of a sexual nature; or
iii: physical behaviour of a sexual nature,— directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee (whether or not that is conveyed to the employer or representative) and that, either by its nature or through repetition, has a detrimental effect on that employee's employment, job performance, or job satisfaction.
2: For the purposes of sections 103(1)(d) 123(d) sexually harassed in that employee's employment section 117 1991 No 22 s 29
108A: Adverse treatment in employment of people affected by
family
1: For the purposes of sections 103(1)(da) 123(1)(d) treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family family section 69ABA
a: dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed; or
b: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
c: subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
d: retires that employee, or requires or causes that employee to retire or resign.
2: Subsection (1) applies regardless of how long ago the family family Section 108A inserted 1 April 2019 section 9 Domestic Violence—Victims' Protection Act 2018 Section 108A heading amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 108A(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 108A(2) amended 1 July 2019 section 259(1) Family Violence Act 2018
109: Racial harassment
For the purposes of sections 103(1)(e) 123(d) racially harassed in the employee's employment
a: expresses hostility against, or brings into contempt or ridicule, the employee on the ground of the race, colour, or ethnic or national origins of the employee; and
b: is hurtful or offensive to the employee (whether or not that is conveyed to the employer or representative); and
c: has, either by its nature or through repetition, a detrimental effect on the employee's employment, job performance, or job satisfaction.
110: Duress
1: For the purposes of section 103(1)(f) subject to duress in that employee's employment in relation to membership or non-membership of a union or employees organisation
a: makes membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee's employment; or
b: makes non-membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee's employment; or
c: exerts undue influence on that employee, or offers, or threatens to withhold or does withhold, any incentive or advantage to or from that employee, or threatens to or does impose any disadvantage on that employee, with intent to induce that employee—
i: to become or remain a member of a union or employees organisation or a particular union or employees organisation; or
ii: to cease to be a member of a union or employees organisation or a particular union or employees organisation; or
iii: not to become a member of a union or employees organisation or a particular union or employees organisation; or
iv: in the case of an employee who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or
v: on account of the fact that the employee is, or, as the case may be, is not, a member of a union or employees organisation or of a particular union or employees organisation, to resign from or leave any employment; or
vi: to participate in the formation of a union or employees organisation; or
vii: not to participate in the formation of a union or employees organisation.
2: In this section and in section 103(1)(f) employees organisation 1991 No 22 s 30
110A: Adverse conduct for prohibited health and safety reason
1: For the purposes of this Part, an employer engages in adverse conduct for a prohibited health and safety reason
a: dismisses an employee; or
b: refuses or omits to offer or afford to the employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or
c: subjects the employee to any detriment in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment; or
d: retires the employee, or requires or causes the employee to retire or resign.
2: For the purposes of subsection (1), conduct described in that section is engaged in for a prohibited health and safety reason if it is engaged in for a reason described in section 89
3: An employer may be found to have engaged in adverse conduct for a prohibited health and safety reason only if the prohibited health and safety reason was a substantial reason for the conduct.
4: For the purposes of subsection (3), a prohibited health and safety reason is presumed to be a substantial reason for the conduct unless the employer proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.
5: It is a defence to an action for a personal grievance under section 103(1)(j)(i)
a: the conduct was reasonable in the circumstances; and
b: a substantial reason for the conduct was to comply with the requirements of the Health and Safety at Work Act 2015 section 16
6: For the purposes of this section,—
a: an employer also engages in adverse conduct if the employer or a representative of the employer, in relation to the employee,—
i: organises to take any action referred to in subsection (1) or threatens to organise or take that action; or
ii: requests, instructs, induces, encourages, authorises, or assists another person to engage in adverse conduct for a prohibited health and safety reason:
b: detriment Section 110A replaced 4 April 2016 section 8 Employment Relations Amendment Act 2015 Section 110A(5) amended 31 March 2017 section 5 Regulatory Systems (Workplace Relations) Amendment Act 2017
110B: Retaliation against whistleblower
1: For the purposes of this Part, retaliate section 21
2: An employer may be found to have retaliated, or threatened to retaliate, only if the protected disclosure was a substantial reason for the employer’s relevant actions or omissions.
3: The burden of proof is on the employer to prove, on the balance of probabilities, that the disclosure was not a substantial reason for the employer’s actions or omissions. Section 110B inserted 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022
111: Definitions relating to personal grievances
Each of the terms personal grievance discrimination sexual harassment adverse treatment in employment of people affected by family racial harassment duress adverse conduct for prohibited health and safety reason retaliate sections 103 104 105 106 107 108 108A 109 110 110A 110B 1991 No 22 s 31 Section 111 amended 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022 Section 111 amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 111 amended 1 April 2019 section 10(1) Domestic Violence—Victims' Protection Act 2018 Section 111 amended 1 April 2019 section 10(2) Domestic Violence—Victims' Protection Act 2018 Section 111 amended 4 April 2016 section 9 Employment Relations Amendment Act 2015
112: Choice of procedures
1: Where the circumstances giving rise to a personal grievance by an employee are also such that that employee would be entitled to make a complaint under the Human Rights Act 1993
a: the employee may, if the grievance is not otherwise resolved, apply to the Authority for the resolution of the grievance:
b: the employee may make, in relation to those circumstances, a complaint under the Human Rights Act 1993
2: For the purposes of subsection (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.
3: If an employee applies to the Authority for a resolution of the grievance under subsection (1)(a), the employee may not exercise or continue to exercise any rights in relation to the subject matter of the grievance that the employee may have under the Human Rights Act 1993
4: If an employee makes a complaint under subsection (1)(b), the employee may not exercise or continue to exercise any rights in relation to the subject matter of the complaint that the employee may have under this Act. 1991 No 22 s 39 Section 112(2) substituted 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 112(3) added 1 December 2004 section 41 Employment Relations Amendment Act (No 2) 2004 Section 112(4) added 1 December 2004 section 41 Employment Relations Amendment Act (No 2) 2004
113: Personal grievance provisions only way to challenge dismissal
1: If an employee who has been dismissed wishes to challenge that dismissal or any aspect of it, for any reason, in any court, that challenge may be brought only in the Authority under this Part as a personal grievance.
2: Nothing in subsection (1) prevents an action under this Part to recover—
a: wages relating to a period of notice or alleged period of notice; or
b: wages or other money relating to the employment prior to the dismissal; or
c: other money payable on dismissal.
114: Raising personal grievance
1: An employee who wishes to raise a personal grievance must, subject to subsections (3) and (4), raise the grievance with their employer within the applicable employee notification period unless the employer consents to the personal grievance being raised after the expiration of that period.
2: For the purposes of subsection (1), a grievance is raised with an employer as soon as the employee has made, or has taken reasonable steps to make, the employer or a representative of the employer aware that the employee alleges a personal grievance that the employee wants the employer to address.
3: Where the employer does not consent to the personal grievance being raised after the expiration of the employee notification period
4: On an application under subsection (3), the Authority, after giving the employer an opportunity to be heard, may grant leave accordingly, subject to such conditions (if any) as it thinks fit, if the Authority—
a: is satisfied that the delay in raising the personal grievance was occasioned by exceptional circumstances (which may include any 1 or more of the circumstances set out in section 115
b: considers it just to do so.
5: In any case where the Authority grants leave under subsection (4), the Authority must direct the employer and employee to use mediation to seek to mutually resolve the grievance.
6: No action may be commenced in the Authority or the court in relation to a personal grievance more than 3 years after the date on which the personal grievance was raised in accordance with this section.
7: In this section, employee notification period
a: in respect of a personal grievance under section 103(1)(d)
b: in respect of any other personal grievance, the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is later. 1991 No 22 s 33 Section 114(1) replaced 13 June 2023 section 6(1) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 114(3) amended 13 June 2023 section 6(2) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 114(7) inserted 13 June 2023 section 6(3) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023
115: Further provision regarding exceptional circumstances under section 114
For the purposes of section 114(4)(a)
a: where the employee has been so affected or traumatised by the matter giving rise to the grievance that he or she was unable to properly consider raising the grievance within the applicable employee notification period under section 114
b: where the employee made reasonable arrangements to have the grievance raised on his or her behalf by an agent of the employee, and the agent unreasonably failed to ensure that the grievance was raised within the required time; or
c: where the employee's employment agreement does not contain the explanation concerning the resolution of employment relationship problems that is required by section 54 section 65
d: where the employer has failed to comply with the obligation under section 120(1) Section 115(a) amended 13 June 2023 section 7 Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023
115A: Notifying controlling third party of personal grievance
1: For the purposes of section 103B complied with
a: when an employee—
i: considers that the actions of a controlling third party caused or contributed to the personal grievance; and
ii: notifies the controlling third party of that fact within the applicable
b: when an employer—
i: considers that the actions of a controlling third party caused or contributed to the personal grievance; and
ii: notifies the controlling third party of that fact within the 90-day employer notification period; or
c: if the controlling third party has consented to being notified under subsection (2); or
d: if the Authority has granted leave to notify the controlling third party under subsection (4).
2: Subsection (1)(a) or (b) does not apply if the controlling third party consents to being notified after the expiration of the relevant
3: If the controlling third party does not consent to being notified after the relevant
4: On an application under subsection (3), the Authority, after giving the controlling third party an opportunity to be heard, may grant leave accordingly, subject to any conditions that it thinks fit, if the Authority considers it just to do so.
5: In any case where the Authority grants leave under subsection (4), the Authority must direct the employee, the employer, and the controlling third party to use mediation to seek to resolve the personal grievance.
6: In this section,— 90-day employer notification period employee notification period section 114(7) relevant notification period Section 115A inserted 27 June 2020 section 7 Employment Relations (Triangular Employment) Amendment Act 2019 Section 115A(1)(a)(ii) amended 13 June 2023 section 8(1) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(2) amended 13 June 2023 section 8(2) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(3) amended 13 June 2023 section 8(3) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(6) 90-day employee notification period repealed 13 June 2023 section 8(4) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(6) employee notification period inserted 13 June 2023 section 8(5) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(6) relevant 90-day notification period repealed 13 June 2023 section 8(4) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 Section 115A(6) relevant notification period inserted 13 June 2023 section 8(5) Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023
116: Special provision where sexual harassment alleged
Where a personal grievance involves allegations of sexual harassment, no account may be taken of any evidence of the complainant's sexual experience or reputation. 1991 No 22 s 35
117: Sexual or racial harassment by person other than employer
1: This section applies where—
a: a request of the kind described in section 108(1)(a)
b: an employee is subjected to behaviour of the kind described in section 108(1)(b)
c: an employee is subjected to behaviour of the kind described in section 109
2: If this section applies, the employee may make a complaint about that request or behaviour to the employee's employer or to a representative of the employer.
3: The employer or representative, on receiving a complaint under subsection (2), must inquire into the facts.
4: If the employer or representative is satisfied that the request was made or that the behaviour took place, the employer or representative must take whatever steps are practicable to prevent any repetition of such a request or of such behaviour. 1991 No 22 s 36(1), (2)
118: Sexual or racial harassment after steps not taken to prevent repetition
1: This section applies if—
a: a person in relation to whom an employee has made a complaint under section 117(2)
i: makes to that employee after the complaint a request of the kind described in section 108(1)(a)
ii: subjects that employee after the complaint to behaviour of the kind described in section 108(1)(b) section 109
b: the employer of that employee, or a representative of that employer, has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour.
2: If this section applies, the employee is deemed for the purposes of this Act and for the purposes of any employment agreement to have a personal grievance by virtue of having been sexually harassed or racially harassed, as the case may be, in the course of the employee's employment as if the request or behaviour were that of the employee's employer. 1991 No 22 s 36(3)
119: Presumption in discrimination cases
1: Subsection (2) applies if, in any matter before the Authority or the court,—
a: the employee establishes that the employer or the employer's representative took any action or omitted any action as described in any of paragraphs (a) to (c) of section 104(1)
b: if it is a case where the employee alleges that the discrimination was by reason directly or indirectly of the employee's union membership status or involvement in union activities section 107
2: If this subsection applies, there is a rebuttable presumption that the employer or representative of the employer discriminated against the employee on the grounds, or for the reason, specified in section 104(1) Section 119(1)(b) amended 11 June 2019 section 34 Employment Relations Amendment Act 2018
120: Statement of reasons for dismissal
1: Where an employee is dismissed, that employee may, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later, request the employer to provide a statement in writing of the reasons for the dismissal.
2: Every employer to whom a request is made under subsection (1) must, within 14 days after the day on which the request is received, provide the statement to the person who made the request. 1991 No 22 s 38
121: Statements privileged
Any statements made or information given in the course of raising a personal grievance or in the course of attempting to resolve the grievance or in the course of any matter relating to a personal grievance are absolutely privileged. 1991 No 22 s 37
122: Nature of personal grievance may be found to be of different type from that alleged
Nothing in this Part or in any employment agreement prevents a finding that a personal grievance is of a type other than that alleged. 1991 No 22 s 34 Remedies in relation to personal grievances
123: Remedies
1: Where the Authority or the court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies:
a: reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee:
b: the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance:
c: the payment to the employee of compensation by the employee's employer, including compensation for—
i: humiliation, loss of dignity, and injury to the feelings of the employee; and
ii: loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to obtain if the personal grievance had not arisen:
ca: if the Authority or the court finds that any workplace conduct or practices are a significant factor in the personal grievance, recommendations to the employer concerning the action the employer should take to prevent similar employment relationship problems occurring:
d: if the Authority or the court finds an employee to have been sexually or racially harassed in the employee’s employment, or treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family
i: concerning the action the employer should take in respect of the person who made the request referred to in section 108(1)(a)
ii: about any other action that it is necessary for the employer to take to prevent further harassment, or adverse treatment on that ground, of the employee concerned or any other employee.
2: When making an order under subsection (1)(b) or (c), the Authority or the court may order payment to the employee by instalments, but only if the financial position of the employer requires it. 1991 No 22 s 40 Section 123(1)(ca) inserted 1 December 2004 section 42(1) Employment Relations Amendment Act (No 2) 2004 Section 123(1)(d) replaced 1 April 2019 section 11 Domestic Violence—Victims' Protection Act 2018 Section 123(1)(d) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 123(2) added 1 December 2004 section 42(2) Employment Relations Amendment Act (No 2) 2004
123A: Remedies where controlling third party caused or contributed to personal grievance
1: This section applies if the Authority or the court—
a: determines that an employee has a personal grievance; and
b: has, under section 103B
c: determines that the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.
2: The Authority or the court may, if satisfied that it is just to do so, order the controlling third party to provide to the employee either or both of the remedies in section 123(1)(b) and (c)
3: The Authority or the court must consider the extent to which the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.
4: The Authority or the court must award any remedies against the employer under section 123
5: The Authority or the court may, if making an order under subsection (2), order payment to the employee by instalments, but only if the financial position of the controlling third party requires it.
6: Subsection (2) applies subject to subsections (3) to (5). Section 123A inserted 27 June 2020 section 8 Employment Relations (Triangular Employment) Amendment Act 2019
124: Remedy reduced if contributing behaviour by employee
Where the Authority or the court determines that an employee has a personal grievance, the Authority or the court must, in deciding both the nature and the extent of the remedies to be provided in respect of that personal grievance,—
a: consider the extent to which the actions of the employee contributed towards the situation that gave rise to the personal grievance; and
b: if those actions so require, reduce the remedies that would otherwise have been awarded accordingly. 1991 No 22 ss 40(2), 41(3)
125: Reinstatement to be primary remedy
1: This section applies if—
a: the remedies sought by, or on behalf of, an employee in respect of a personal grievance include reinstatement; and
b: it is determined that the employee did have a personal grievance.
2: If this section applies, the Authority or court must provide for reinstatement wherever practicable and reasonable, irrespective of whether it provides for any other remedy as specified in section 123 Section 125 replaced 12 December 2018 section 47 Employment Relations Amendment Act 2018
126: Provisions applying if reinstatement ordered
Where the remedy of reinstatement is provided by the Authority or the court, the employee must be reinstated immediately or on such date as is specified by the Authority or the court and, despite any challenge to or appeal against the determination of the Authority or the court, the provisions for reinstatement remain in full force pending the outcome of those proceedings unless the Authority or the court otherwise orders. 1991 No 22 s 42
127: Authority may order interim reinstatement
1: The Authority may if it thinks fit, on the application of an employee who has raised a personal grievance with his or her employer, make an order for the interim reinstatement of the employee pending the hearing of the personal grievance.
2: The employee must, at the time of filing the application for an order under subsection (1), file a signed undertaking that the employee will abide by any order that the Authority may make in respect of damages—
a: that are sustained by the other party through the granting of the order for interim reinstatement; and
b: that the Authority decides that the employee ought to pay.
3: The undertaking must be referred to in the order for interim reinstatement and is part of it.
4: When determining whether to make an order for interim reinstatement, the Authority must apply the law relating to interim injunctions having regard to the object of this Act.
5: The order for interim reinstatement may be subject to any conditions that the Authority thinks fit.
6: The Authority may at any time rescind or vary an order made under this section.
7: Nothing in this section prevents the court from granting an interim injunction reinstating an employee if the court is seized of the proceedings dealing with the personal grievance.
128: Reimbursement
1: This section applies where the Authority or the court determines, in respect of any employee,—
a: that the employee has a personal grievance; and
b: that the employee has lost remuneration as a result of the personal grievance.
2: If this section applies then, subject to subsection (3) and section 124 section 123
3: Despite subsection (2), the Authority may, in its discretion, order an employer to pay to an employee by way of compensation for remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. 1991 No 22 s 41(1), (2) Disputes
129: Person bound by, or party to, employment agreement may pursue dispute under this Act
1: Where there is a dispute about the interpretation, application, or operation of an employment agreement, any person bound by the agreement or any party to the agreement may pursue that dispute in accordance with Part 10
2: If the dispute relates to a collective agreement, the person or party pursuing the dispute must ensure that all union and employer parties to the agreement have notice of the existence of the dispute. 1991 No 22 s 44 Recovery of wages
130: Wages and time record
1: Every employer must at all times keep a record (called the wages and time record
a: the name of the employee:
b: the employee's age, if under 20 years of age:
c: the employee's postal address:
d: the kind of work on which the employee is usually employed:
e: whether the employee is employed under an individual employment agreement or a collective agreement:
f: in the case of an employee employed under a collective agreement, the title and expiry date of the agreement, and the employee's classification under it:
g: the number of hours worked each day in a pay period and the pay for those hours:
h: the wages paid to the employee each pay period and the method of calculation:
i: details of any employment relations education leave taken under Part 7
j: such other particulars as may be prescribed.
1A: The wages and time record must be kept—
a: in written form; or
b: in a form or in a manner that allows the information in the record to be easily accessed and converted into written form.
1B: If an employee’s number of hours worked each day in a pay period and the pay for those hours are agreed and the employee works those hours (the usual hours
a: the wages and time record; or
b: the employment agreement; or
c: a roster or any other document or record used in the normal course of the employee’s employment.
1C: In subsection (1B), the usual hours
1D: Despite subsection (1C), the employer must record any additional hours worked that need to be recorded to enable the employer to comply with the employer’s general obligation under section 4B(1)
2: Every employer must, upon request by an employee or by a person authorised under section 236
3:
4: Every employer who fails to comply with any requirement of this section is liable to a penalty imposed by the Authority.
5: An action to recover a penalty under subsection (4) may also be brought by a Labour Inspector. 1991 No 22 s 47 Section 130(1)(g) replaced 1 April 2016 section 11(1) Employment Relations Amendment Act 2016 Section 130(1A) inserted 1 April 2016 section 11(2) Employment Relations Amendment Act 2016 Section 130(1B) inserted 1 April 2016 section 11(2) Employment Relations Amendment Act 2016 Section 130(1C) inserted 1 April 2016 section 11(2) Employment Relations Amendment Act 2016 Section 130(1D) inserted 1 April 2016 section 11(2) Employment Relations Amendment Act 2016 Section 130(3) repealed 1 April 2016 section 11(3) Employment Relations Amendment Act 2016 Section 130(5) inserted 1 April 2016 section 11(4) Employment Relations Amendment Act 2016
131: Arrears
1: Where—
a: there has been default in payment to an employee of any wages or other money payable by an employer to an employee under an employment agreement or a contract of apprenticeship; or
b: any payments of any such wages or other money has been made at a rate lower than that legally payable,— the whole or any part, as the case may require, of any such wages or other money may be recovered by the employee by action commenced in the prescribed manner in the Authority.
1A: The Authority may order payment of the wages or other money to the employee by instalments, but only if the financial position of the employer requires it.
2: Subsection (1) applies despite the acceptance by the employee of any payment at a lower rate or any express or implied agreement to the contrary.
3: Subsection (1) does not affect any other remedies for the recovery of wages or other money payable by an employer to any employee under an employment agreement or a contract of apprenticeship. 1991 No 22 s 48(1) Section 131(1A) inserted 1 December 2004 section 43 Employment Relations Amendment Act (No 2) 2004
132: Failure to keep or produce records
1: Where any claim is brought before the Authority under section 131
a: the defendant employer failed to keep or produce a wages and time record in respect of that employee as required by this Act; and
b: that failure prejudiced the employee's ability to bring an accurate claim under section 131
2: Where evidence of the type referred to in subsection (1) is given, the Authority may, unless the defendant proves that those claims are incorrect, accept as proved all claims made by the employee in respect of—
a: the wages actually paid to the employee:
b: the hours, days, and time worked by the employee.
3: A defendant may not use as evidence any wages and time record that would be inadmissible under section 232(3) 1991 No 22 s 50 Section 132(2) replaced 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Penalties
133: Jurisdiction concerning penalties
1: The Authority has full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this Act—
a: for any breach of an employment agreement; or
b: for a breach of any provision of this Act for which a penalty in the Authority is provided in the particular provision.
2: Subsection (1) is subject to—
a: sections 177 , 178 178AA
b: any right to have the matter heard by the court under section 179
3: Subject to any rights of appeal under this Act, the court has full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this Act for a breach of any other provision of this Act for which a penalty in the court is provided in the particular provision. 1991 No 22 s 51 Section 133(2)(a) amended 28 November 2023 section 88 Security Information in Proceedings (Repeals and Amendments) Act 2022
133A: Matters Authority and court to have regard to in determining amount of penalty
In determining an appropriate penalty for a breach referred to in section 133
a: the object stated in section 3
b: the nature and extent of the breach or involvement in the breach; and
c: whether the breach was intentional, inadvertent, or negligent; and
d: the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in breach or the person involved in the breach, because of the breach or involvement in the breach; and
e: whether the person in breach or the person involved in the breach has paid an amount of compensation, reparation, or restitution, or has taken other steps to avoid or mitigate any actual or potential adverse effects of the breach; and
f: the circumstances in which the breach, or involvement in the breach, took place, including the vulnerability of the employee; and
g: whether the person in breach or the person involved in the breach has previously been found by the Authority or the court in proceedings under this Act, or any other enactment, to have engaged in any similar conduct. Section 133A inserted 1 April 2016 section 12 Employment Relations Amendment Act 2016
134: Penalties for breach of employment agreement
1: Every party to an employment agreement who breaches that agreement is liable to a penalty under this Act.
2: Every person who incites, instigates, aids, or abets any breach of an employment agreement is liable to a penalty imposed by the Authority. 1991 No 22 s 52
134A: Penalty for obstructing or delaying Authority investigation
1: Every person is liable to a penalty under this Act who, without sufficient cause, obstructs or delays an Authority investigation, including failing to attend as a party before an Authority investigation (if required).
2: The power to award a penalty under subsection (1) may be exercised by the Authority—
a: of its own motion; or
b: on the application of any party to the investigation. Section 134A inserted 1 April 2011 section 17 Employment Relations Amendment Act 2010
135: Recovery of penalties
1: Any action for the recovery of a penalty may be brought,—
a: in the case of a breach of an employment agreement, at the suit of any party to the employment agreement who is affected by the breach; or
b: in the case of a breach of this Act, at the suit of any person in relation to whom the breach is alleged to have taken place; or
c: if permitted in the particular penalty provision, by a Labour Inspector.
2: Every person who is liable to a penalty under this Act is liable,—
a: in the case of an individual, to a penalty not exceeding $10,000
b: in the case of a company or other corporation, to a penalty not exceeding $20,000
3: A claim for 2 or more penalties against the same person may be joined in the same action.
4: In any claim for a penalty the Authority or the court may give judgment for the total amount claimed, or any amount, not exceeding the maximum specified in subsection (2), or the Authority or the court may dismiss the action.
4A: The Authority or the court may order payment of a penalty by instalments, but only if the financial position of the person paying the penalty requires it.
4B: In determining whether to give judgment for a penalty, and the amount of that penalty, the Authority or the court must consider whether the person against whom the penalty is sought has previously failed to comply with an improvement notice issued under section 223D
5: An action for the recovery of a penalty under this Act must be commenced within 12 months or, for a penalty for non-compliance with section 69ABE
a: the date when the cause of action first became known to the person bringing the action; or
b: the date when the cause of action should reasonably have become known to the person bringing the action.
6: Despite subsection (5), if a court refuses to make a pecuniary penalty order under section 142E 1991 No 22 s 53 Section 135(2)(a) amended 1 April 2011 section 18(1) Employment Relations Amendment Act 2010 Section 135(2)(b) amended 1 April 2011 section 18(2) Employment Relations Amendment Act 2010 Section 135(4A) inserted 1 December 2004 section 44(1) Employment Relations Amendment Act (No 2) 2004 Section 135(4B) inserted 1 April 2011 section 18(3) Employment Relations Amendment Act 2010 Section 135(5) substituted 1 December 2004 section 44(2) Employment Relations Amendment Act (No 2) 2004 Section 135(5) amended 1 April 2019 section 12 Domestic Violence—Victims' Protection Act 2018 Section 135(6) inserted 1 April 2016 section 13 Employment Relations Amendment Act 2016
135A: Chief executive or Labour Inspector may enforce payment of penalty
The chief executive or a Labour Inspector may recover in the District Court section 135 Section 135A inserted 1 April 2016 section 14 Employment Relations Amendment Act 2016 Section 135A amended 1 March 2017 section 14 Employment Relations Amendment Act 2016
136: Application of penalties recovered
1: Subject to any order made under subsection (2), every penalty recovered in any penalty action, whether before the Authority or the court, must be paid into the Authority or the court, as the case requires, and not to the plaintiff, and must then be paid by the Authority or the court into a
2: The Authority or the court may order that the whole or any part of any penalty recovered must be paid to any person. 1991 No 22 s 54 Section 136(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Compliance orders
137: Power of Authority to order compliance
1: This section applies where any person has not observed or complied with—
a: any provision of—
i: any employment agreement; or
ii: Parts 1 3 to 6 6AB 6A subpart 2 6B 6C 6D 7 9
iii: any terms of settlement or decision that section 151
iiia: an enforceable undertaking that section 223C(1)
iiib: an improvement notice that section 223D(6)
iiic: any terms of a pay equity claim settlement under section 13ZH
iv: a demand notice that section 225(4)
v: sections 73 74 sections 597 600
vi: sections 76 to 80 sections 585 to 596 660
vii: section 11(3)(c) of the Health and Disability Services Act 1993
viii: clauses 5 6
ix: sections 83 83A 83B
x: clauses 18 19 21 Accident Compensation Act 2001
xi: Part 3 sections 589 600
xi:
xii:
b: any order, determination, direction, or requirement made or given under this Act by the Authority or a member or officer of the Authority.
c: any order, determination, direction, or requirement made or given under the Screen Industry Workers Act 2022
2: Where this section applies, the Authority may, in addition to any other power it may exercise, by order require, in or in conjunction with any matter before the Authority under this Act to which that person is a party or in respect of which that person is a witness, that person to do any specified thing or to cease any specified activity, for the purpose of preventing further non-observance of or non-compliance with that provision, order, determination, direction, or requirement.
3: The Authority must specify a time within which the order is to be obeyed.
4: The following persons may take action against another person by applying to the Authority for an order of the kind described in subsection (2):
a: any person (being an employee, employer, union, or employer organisation) who alleges that that person has been affected by non-observance or non-compliance of the kind described in subsection (1).
b: 1991 No 22 s 55(1), (2) Section 137(1)(a)(ii) substituted 13 December 2006 section 8 Employment Relations Amendment Act 2006 Section 137(1)(a)(ii) amended 1 April 2019 section 13 Domestic Violence—Victims' Protection Act 2018 Section 137(1)(a)(ii) amended 1 April 2009 section 9 Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 Section 137(1)(a)(iiia) inserted 1 April 2011 section 19 Employment Relations Amendment Act 2010 Section 137(1)(a)(iiib) inserted 1 April 2011 section 19 Employment Relations Amendment Act 2010 Section 137(1)(a)(iiic) inserted 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 137(1)(a)(v) replaced 7 August 2020 section 135 Public Service Act 2020 Section 137(1)(a)(vi) replaced 7 August 2020 section 135 Public Service Act 2020 Section 137(1)(a)(x) substituted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 137(1)(a)(x) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 137(1)(a)(xi) inserted 1 August 2020 section 668 Education and Training Act 2020 Section 137(1)(a)(xi) repealed 4 April 2016 section 10 Employment Relations Amendment Act 2015 Section 137(1)(a)(xii) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 137(1)(c) inserted 30 December 2022 section 103 Screen Industry Workers Act 2022 Section 137(4) substituted 5 May 2003 section 33(4) Health and Safety in Employment Amendment Act 2002 Section 137(4)(b) repealed 4 April 2016 section 10 Employment Relations Amendment Act 2015
138: Further provisions relating to compliance order by Authority
1: The power given to the Authority by section 137(2)
a: of its own motion; or
b: on the application of—
i: any party to the matter; or
ii:
iii: in the case of sections 223C 223D(6) 225(4)(c)
2: Before exercising its power under section 137(2)
3: Any time specified by the Authority under section 137
4: A compliance order of the kind described in section 137(2)
a: may be made subject to such terms and conditions as the Authority thinks fit (including conditions as to the actions of the applicant); and
b: may be expressed to continue in force until a specified time or the happening of a specified event.
4A: If the compliance order relates in whole or in part to the payment to an employee of a sum of money, the Authority may order payment to the employee by instalments, but only if the financial position of the employer requires it.
5: Where the Authority makes a compliance order of the kind described in section 137(2)
6: Where any person fails to comply with a compliance order made under section 137 section 140(6) 1991 No 22 s 55(3)–(7) Section 138(1)(b) substituted 5 May 2003 section 33(5) Health and Safety in Employment Amendment Act 2002 Section 138(1)(b)(ii) repealed 4 April 2016 section 11 Employment Relations Amendment Act 2015 Section 138(1)(b)(iii) added 1 April 2011 section 20 Employment Relations Amendment Act 2010 Section 138(4A) inserted 1 December 2004 section 46 Employment Relations Amendment Act (No 2) 2004
139: Power of court to order compliance
1: This section applies where any person has not observed or complied with—
a: any provision of Part 8
b: any order, determination, direction, or requirement made or given under this Act by the court.
1A: This section also applies to a person in relation to whom the court has made a declaration of breach under section 142B
2: Where this section applies, the court may, in addition to any other power it may exercise, by order require, in or in conjunction with any proceedings under this Act to which that person is a party or in respect of which that person is a witness, that person to do any specified thing or to cease any specified activity, for the purpose of preventing further non-observance of or non-compliance with that provision, order, determination, direction, requirement, or (in the case of a declaration of breach) the provision that the declaration relates to
3: The court must specify a time within which the order is to be obeyed.
4: Where any person (being an employee, employer, union, or employer organisation) alleges that that person has been affected by a non-observance or non-compliance of the kind described in subsection (1), that person may commence proceedings against any other person in respect of the non-observance or non-compliance by applying to the court for an order of the kind described in subsection (2). 1991 No 22 s 56(1), (2) Section 139(1A) inserted 1 April 2016 section 15(1) Employment Relations Amendment Act 2016 Section 139(2) amended 1 April 2016 section 15(2) Employment Relations Amendment Act 2016
140: Further provisions relating to compliance order by court
1: The power given to the court by section 139(2)
a: on the application of any party to the proceedings; or
b: except where the proceedings are commenced under section 139(4)
2: Before exercising its power under section 139(2)
3: Any time specified by the court under section 139
4: A compliance order of the kind described in section 139(2)
a: may be made subject to such terms and conditions as the court thinks fit (including conditions as to the actions of the applicant); and
b: may be expressed to continue in force until a specified time or the happening of a specified event.
5: Where the court makes a compliance order of the kind described in section 139(2)
6: Where any person fails to comply with a compliance order made under section 139 section 138(6) section 137
a: if the person in default is a plaintiff, order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed by the plaintiff in the proceedings:
b: if the person in default is a defendant, order that the defendant's defence be struck out and that judgment be sealed accordingly:
c: order that the person in default be sentenced to imprisonment for a term not exceeding 3 months:
d: order that the person in default be fined a sum not exceeding $40,000:
e: order that the property of the person in default be sequestered.
7: An order under subsection (6)(d) may direct that the whole or any part of the fine must be paid to the employee concerned. 1991 No 22 s 56(3)–(7) Section 140(7) inserted 1 April 2016 section 17 Employment Relations Amendment Act 2016
140AA: Sanctions for breaches without compliance order
1: This section applies in relation to an order, determination, direction, or requirement referred to in section 137(1)(b) 139(1)(b)
2: If, after the order, determination, direction, or requirement is made or given, there has been non-observance of or non-compliance with the order, determination, direction, or requirement, the court may, on the application of a Labour Inspector, do 1 or more of the things specified in section 140(6)(a) to (e)
3: However, the court must not do any of the things specified in section 140(6)(a) to (e)
a: has provided the person in default with the opportunity to make submissions to the court; and
b: is satisfied that—
i: the matter arises from a breach of employment standards and relates to the payment of wages or other money owed, or penalties ordered, as a result of the breach; and
ii: the matter involves a breach that was not minor or inadvertent; and
iii: there was no reasonable excuse for the breach; and
iv: there are reasonable grounds for believing that, if a compliance order were made, the person in default would not comply with it. Section 140AA inserted 1 April 2016 section 16 Employment Relations Amendment Act 2016
140A: Compliance order in relation to disclosure of employee transfer costs information
and individualised employee information
1: This section applies where—
a: any person has not observed or complied with section 69OC 69OD 69OE 69OEA
b: there are reasonable grounds to believe that a person will not observe or comply with section 69OC 69OD 69OE 69OEA
2: Where this section applies, the Authority may, in addition to any other power it may exercise, by order require that person to do any specified thing or to cease any specified activity for the purpose of preventing—
a: further non-observance of or non-compliance with section 69OC 69OD 69OE 69OEA
b: non-observance of or non-compliance with section 69OC 69OD 69OE 69OEA
3: The Authority must specify a time within which the order is to be obeyed.
4: An application to the Authority for an order of the kind described in subsection (2) may be made by the following persons:
a: a person who has made or proposes to make a request under section 69OC(2)
b: a person who has required another person to provide information under section 69OD(2), (4), or (5)
ba: the new employer to whom individualised employee information must be provided under section 69OEA
bb: the employee to whom the individualised employee information referred to in section 69OEA
c: an employee who would be eligible to elect to transfer to the new employer under section 69I
d: a union of which the employee is a member.
5: Where a person alleges that a person has been or would be affected by non-observance of or non-compliance with section 69OC 69OD 69OE 69OEA
6: The power given to the Authority by subsection (2) may be exercised by the Authority—
a: of its own motion; or
b: on the application of a person described in subsection (4).
7: Sections 138(2) to (4), (5), and (6) 140(6) 161 section 137(2)
8: For the purposes of section 161(1) section 69OC 69OD 69OE 69OEA Section 140A inserted 13 December 2006 section 9 Employment Relations Amendment Act 2006 Section 140A heading amended 6 March 2015 section 64(1) Employment Relations Amendment Act 2014 Section 140A(1)(a) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Section 140A(1)(b) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Section 140A(2)(a) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Section 140A(2)(b) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Section 140A(4)(ba) inserted 6 March 2015 section 64(3) Employment Relations Amendment Act 2014 Section 140A(4)(bb) inserted 6 March 2015 section 64(3) Employment Relations Amendment Act 2014 Section 140A(5) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Section 140A(8) amended 6 March 2015 section 64(2) Employment Relations Amendment Act 2014 Enforcement of order
141: Enforcement of order
1: Any order made or judgment given under any of the Acts referred to in section 223(1) the District Court
2: To avoid doubt, an order imposing a fine is enforceable under Part 3 1991 No 22 s 58 Section 141(1) amended 1 March 2017 section 261 District Court Act 2016 Section 141(1) amended 1 April 2016 section 18(1) Employment Relations Amendment Act 2016 Section 141(2) inserted 1 April 2016 section 18(2) Employment Relations Amendment Act 2016 Limitation period for actions other than personal grievances
142: Limitation period for actions other than personal grievances
No action may be commenced in the Authority or the court in relation to an employment relationship problem that is not a personal grievance more than 6 years after the date on which the cause of action arose.
9A: Additional provisions relating to enforcement of employment standards
Part 9A inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142A: Object of this Part
1: The object of this Part is to provide additional enforcement measures to promote the more effective enforcement of employment standards (especially minimum entitlement provisions) by—
a: providing for a Labour Inspector to apply to the court for—
i: declarations of breach in relation to breaches of minimum entitlement provisions that are serious:
ii: pecuniary penalty orders for breaches of minimum entitlement provisions that are serious:
iii: compensation orders for serious breaches of minimum entitlement provisions to compensate employees who have suffered or are likely to suffer loss or damage as a result:
iv: banning orders based on certain grounds, including persistent breach of employment standards; and
b: making insurance for pecuniary penalties unlawful; and
c: providing for—
i: what is meant by being involved in a breach of employment standards; and
ii: when states of mind or conduct by certain persons are to be attributed to bodies corporate and principals; and
d: providing certain defences to breaches of minimum entitlement provisions.
2: The provisions in this Part are in addition to the provisions in—
a: sections 133 to 142
b: sections 223 to 235 Section 142A inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Declarations of breach Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142B: Court may make declarations of breach
1: A Labour Inspector (but no other person) may apply to the court for a declaration of breach.
2: The court may make a declaration of breach if the court is satisfied that—
a: a person has—
i: breached a minimum entitlement provision; or
ii: been involved in a breach of a minimum entitlement provision; and
b: the breach of the minimum entitlement provision is serious.
3: Whether a breach of a minimum entitlement provision is serious is a question of fact.
4: In determining whether a breach of a minimum entitlement provision is serious, the court may take into account—
a: the amount of money involved:
b: whether the breach comprises a single instance or a series of instances:
c: if the breach comprises a series of instances,—
i: how many instances it comprises; and
ii: the period over which they occurred:
d: whether the breach was intentional or reckless:
e: whether the employer concerned has complied with any relevant record-keeping obligations imposed by any Act:
f: any other relevant matter. Section 142B inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142C: Purpose and effect of declarations of breach
1: The purpose of a declaration of breach is to enable an applicant for an order against a person under this Part to rely on the declaration of breach made against the person in the proceedings for that order and not be required to prove the breach or involvement in the breach.
2: Accordingly, a declaration of breach made against a person is conclusive evidence in relation to the person of the matters that must be stated in it under section 142D Section 142C inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142D: What declaration of breach must state
A declaration of breach must state the following:
a: the minimum entitlement provision that the breach or involvement in the breach relates to; and
b: the person the declaration applies to; and
c: the conduct that constituted the breach or the involvement in the breach. Section 142D inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Pecuniary penalty orders Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142E: Pecuniary penalty orders
1: The court may make a pecuniary penalty order against a person in respect of whom the court has made a declaration of breach.
2: An application for a pecuniary penalty order may be made—
a: only by a Labour Inspector; and
b: at the following times:
i: when application is made for a declaration of breach; or
ii: subsequently, whether before or after the application for a declaration of breach is determined. Section 142E inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142F: Matters court to have regard to in determining amount of pecuniary penalty
In determining an appropriate pecuniary penalty under section 142E
a: the object stated in section 3
b: the nature and extent of the breach or involvement in the breach; and
c: whether the breach was intentional, inadvertent, or negligent; and
d: the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in breach or the person involved in the breach, because of the breach or involvement in the breach; and
e: whether the person in breach or the person involved in the breach has paid an amount of compensation, reparation, or restitution, or has taken other steps to avoid or mitigate any actual or potential adverse effects of the breach; and
f: the circumstances in which the breach, or involvement in the breach, took place, including the vulnerability of the employee; and
g: whether the person in breach or the person involved in the breach has previously been found by the Authority or the court in proceedings under this Act or any other enactment to have engaged in any similar conduct. Section 142F inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142G: Maximum amount of pecuniary penalty
If the court determines that it should make a pecuniary penalty order, the maximum amount it may specify in the order is,—
a: in the case of an individual, $50,000:
b: in the case of a body corporate, the greater of—
i: $100,000; or
ii: 3 times the amount of the financial gain made by the body corporate from the breach. Section 142G inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142H: Chief executive or Labour Inspector may enforce payment of pecuniary penalty
The chief executive or a Labour Inspector may recover in the District Court section 142E Section 142H inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Section 142H amended 1 March 2017 section 19 Employment Relations Amendment Act 2016
142I: Limitation period for actions for pecuniary penalty orders
An application for a pecuniary penalty order under this Part must be made within 12 months after the earlier of—
a: the date when the breach first became known to a Labour Inspector; and
b: the date when the breach should reasonably have become known to a Labour Inspector. Section 142I inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Compensation orders Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142J: Court may make compensation orders
1: The court may make a compensation order against a person if—
a: the court has made a declaration of breach in respect of the person; and
b: the court is satisfied that the employee concerned (the aggrieved employee
2: The court may not make a compensation order against a person involved in a breach for wages or other money payable to an employee except to the extent that the employee’s employer is unable to pay the wages or other money.
3: An application for a compensation order may be made—
a: only by a Labour Inspector or the aggrieved employee; and
b: at one of the following times:
i: the same time as the application for a declaration of breach; or
ii: subsequently, whether before or after the application for a declaration of breach is determined. Section 142J inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142K: Application of section 132 of this Act and section 83 of Holidays Act 2003
Section 132 section 83 section 142J Section 142K inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142L: Terms of compensation orders
1: If section 142J
2: An order under this section may include an order to direct a relevant person to pay to the aggrieved employee the amount of the loss or damage (in whole or in part).
3: Subsection (2) does not limit subsection (1).
4: In this section, relevant person
a: any person in breach; or
b: any person involved in the breach. Section 142L inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Banning orders Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142M: Banning orders
1: The court may make a banning order against a person if—
a: the court has made a declaration of breach in respect of the person; or
b: the court is satisfied that the person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards; or
c: the person has been convicted of an offence under section 351
2: The persons who may apply for a banning order are—
a: a Labour Inspector:
b: an immigration officer under the Immigration Act 2009
3: For the purposes of subsection (1)(b), a past breach is not evidence that a person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards if the person concerned established a defence under section 142ZC 142ZD Section 142M inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142N: Terms of banning order
1: If the court makes a banning order, the order must prohibit the person from doing 1 or more of the following:
a: entering into an employment agreement as an employer:
b: being an officer of an employer:
c: being involved in the hiring or employment of employees.
2: A person who is subject to a banning order may do something prohibited by the order if the person first obtains the leave of the court to do so.
3: In this section, officer
a: a person occupying the position of a director of a company if the employer is a company:
b: a partner if the employer is a partnership:
c: a general partner if the employer is a limited partnership:
d: a person occupying a position comparable with that of a director of a company if the employer is not a company, partnership, or limited partnership:
e: any other person occupying a position in the employer if the person is in a position to exercise significant influence over the management or administration of the employer. Section 142N inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142O: Duration of banning order
A banning order under section 142M
a: 10 years; or
b: any shorter period specified in the order. Section 142O inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142P: Variation of banning order
A banning order may be—
a: made subject to the terms and conditions that the court thinks fit; and
b: cancelled or varied at any time by the court. Section 142P inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142Q: General provisions for banning orders
1: A Registrar of the court must, as soon as practicable after making a banning order,—
a: give notice to the chief executive that the order has been made; and
b: publish a notice in the Gazette
i: the name of the person against whom the banning order has been made; and
ii: the terms of the order; and
iii: the period or dates for which the order applies.
2: A person intending to apply for the leave of the court under section 142N(2)
3: The department, and any other person the court thinks fit, may attend and be heard at the hearing of an application for leave. Section 142Q inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142R: Offence to breach banning order
A person who breaches a banning order commits an offence and is liable on conviction by the District Court Section 142R inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Section 142R amended 1 March 2017 section 19 Employment Relations Amendment Act 2016 Standard of proof Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142S: Standard of proof
To avoid doubt, in proceedings under this Part for a declaration of breach, pecuniary penalty order, compensation order, or banning order, the standard of proof is the standard of proof that applies in civil proceedings. Section 142S inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Interrelationship of orders Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142T: More than one kind of order may be made for same breach
1: The court may make one kind of order under this Part against a person even though the court has made another kind of order, whether under this Part or another Part, against the person in relation to the same breach.
2: Without limiting subsection (1) and by way of example,—
a: a pecuniary penalty order and a compliance order may be made against a person for the same breach:
b: a compensation order and a banning order may be made against a person for the same breach. Section 142T inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142U: No pecuniary penalty and criminal sanction or other penalty for same conduct
1: A person cannot be ordered to pay a pecuniary penalty and be liable to a fine or term of imprisonment under this Act or the Immigration Act 2009
2: A person cannot be ordered to pay a pecuniary penalty and be liable to another penalty under this Act for the same breach of employment standards. Section 142U inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Insurance against pecuniary penalties unlawful and of no effect Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142V: Insurance against pecuniary penalties unlawful
1: To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person's liability to pay a pecuniary penalty under this Act,—
a: the policy or contract is of no effect; and
b: no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under sections 75 to 82
2: A person must not—
a: enter into, or offer to enter into, a policy or contract described in subsection (1); or
b: indemnify, or offer to indemnify, another person for the other person's liability to pay a pecuniary penalty under this Act; or
c: be indemnified, or agree to be indemnified, by another person for that person's liability to pay a pecuniary penalty under this Act; or
d: pay to another person, or receive from another person, an indemnity for a pecuniary penalty under this Act. Section 142V inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Section 142V(1)(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Liability of persons involved in breach, bodies corporate, and principals Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142W: Involvement in breaches
1: In this Act, a person is involved in a breach
a: has aided, abetted, counselled, or procured the breach; or
b: has induced, whether by threats or promises or otherwise, the breach; or
c: has been in any way, directly or indirectly, knowingly concerned in, or party to, the breach; or
d: has conspired with others to effect the breach.
2: However, if the breach is a breach by an entity such as a company, partnership, limited partnership, or sole trader, a person who occupies a position in the entity may be treated as a person involved in the breach only if that person is an officer of the entity.
3: For the purposes of subsection (2), the following persons are to be treated as officers of an entity:
a: a person occupying the position of a director of a company if the entity is a company:
b: a partner if the entity is a partnership:
c: a general partner if the entity is a limited partnership:
d: a person occupying a position comparable with that of a director of a company if the entity is not a company, partnership, or limited partnership:
e: any other person occupying a position in the entity if the person is in a position to exercise significant influence over the management or administration of the entity.
4: This section does not apply to proceedings for offences. Section 142W inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Section 142W(2) replaced 31 March 2017 section 6 Regulatory Systems (Workplace Relations) Amendment Act 2017 Section 142W(3) replaced 31 March 2017 section 6 Regulatory Systems (Workplace Relations) Amendment Act 2017
142X: Person involved in breach liable to penalty
1: A person involved in a breach is liable to a penalty under this Act if—
a: the person is involved in the breach within the meaning of section 142W
b: this Act provides a penalty for the breach.
2: An application for a penalty against a person involved in a breach may be made only by a Labour Inspector. Section 142X inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142Y: When person involved in breach liable for default in payment of wages or other money due to employee
1: A Labour Inspector or an employee may recover from a person who is not the employee’s employer any wages or other money payable to the employee if—
a: there has been a default in the payment of wages or other money payable to the employee; and
b: the default is due to a breach of employment standards; and
c: the person is a person involved in the breach within the meaning of section 142W
2: However, arrears in wages or other money may be recovered under subsection (1) only,—
a: in the case of recovery by an employee, with the prior leave of the Authority or the court; and
b: to the extent that the employee’s employer is unable to pay the arrears in wages or other money. Section 142Y inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142Z: State of mind of directors, employees, or agents attributed to body corporate or other principal
1: If, in a proceeding under this Act in respect of any conduct engaged in by a body corporate, being conduct in relation to which any provision of this Act applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of his or her actual or apparent authority, had that state of mind.
2: If, in a proceeding (other than a proceeding for an offence) under this Act in respect of any conduct engaged in by a person other than a body corporate, being conduct in relation to which any provision of this Act applies, it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person, acting within the scope of his or her actual or apparent authority, had that state of mind.
3: In this Act, state of mind Section 142Z inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142ZA: Conduct of directors, employees, or agents attributed to body corporate or other principal
1: Conduct engaged in on behalf of a body corporate by any of the following must be treated, for the purposes of this Act, as having been engaged in also by the body corporate:
a: a director, an employee, or an agent of the body corporate who is acting within the scope of his, her, or its actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent.
2: Conduct engaged in on behalf of a person other than a body corporate ( A
a: an employee or an agent of A who is acting within the scope of his, her, or its actual or apparent authority:
b: any other person who is acting at the direction or with the consent or agreement (whether express or implied) either of A or of an employee or an agent of A, given within the scope of the actual or apparent authority of the employee or agent. Section 142ZA inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016 Defences relating to breach of minimum entitlement provisions Heading inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142ZB: Proceedings in which defences apply
The defences described in sections 142ZC 142ZD
a: an action to recover wages or other money under section 142Y section 77A section 11AA section 11A
b: an action to recover a penalty under section 135 section 76 section 10 section 13
c: an application under section 142E
d: an application under section 142J
e: an application under section 142M(1)(a) Section 142ZB inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142ZC: Defences for person in breach
1: In a proceeding referred to in section 142ZB A
a: A's breach was due to reasonable reliance on information supplied by another person; or
b: both of the following apply:
i: A's breach was due to the act or default of another person, or to an accident or to some other cause beyond A's control; and
ii: A took reasonable precautions and exercised due diligence to avoid the breach.
2: In a proceeding referred to in section 142ZB(d)
3: For the purposes of subsection (1)(a) and (b), another person Section 142ZC inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
142ZD: Defences for person involved in breach
1: This section applies if—
a: a person ( A
b: another person ( B
2: In a proceeding referred to in section 142ZB
a: B's involvement in the breach was due to reasonable reliance on information supplied by another person; or
b: B took all reasonable and proper steps to ensure that A complied with the provision.
3: For the purposes of subsection (2)(a), another person Section 142ZD inserted 1 April 2016 section 19 Employment Relations Amendment Act 2016
10: Institutions
143: Object of this Part
The object of this Part is to establish procedures and institutions that—
a: support successful employment relationships and the good faith obligations that underpin them; and
b: recognise that employment relationships are more likely to be successful if problems in those relationships are resolved promptly by the parties themselves; and
c: recognise that, if problems in employment relationships are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available at short notice to the parties to those relationships; and
d: recognise that the procedures for problem-solving need to be flexible; and
da: recognise that the person who provides mediation services can manage any mediation process actively; and
e: recognise that there will always be some cases that require judicial intervention; and
f: recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and
fa: ensure that investigations by the specialist decision-making body are, generally, concluded before any higher court exercises its jurisdiction in relation to the investigations; and
g: recognise that difficult issues of law will need to be determined by higher courts. Section 143(da) inserted 1 December 2004 section 47(1) Employment Relations Amendment Act (No 2) 2004 Section 143(fa) inserted 1 December 2004 section 47(2) Employment Relations Amendment Act (No 2) 2004 Mediation services
144: Mediation services
1: The chief executive must employ or engage persons to provide mediation services to support all employment relationships.
1A: For the purposes of this section, employment relationships
2: Those mediation services may include—
a: the provision of general information about employment rights and obligations:
b: the provision of information about what services are available for persons (including unions and other bodies corporate) who have employment relationship problems:
c: other services that assist the smooth conduct of employment relationships:
d: other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their employment relationship problems:
e: services that assist persons to resolve any problem with the fixing of new terms and conditions of employment. Section 144(1A) inserted 27 June 2020 section 9 Employment Relations (Triangular Employment) Amendment Act 2019
144A: Dispute resolution services
1: Nothing in this Act prevents the chief executive from providing dispute resolution services to parties in work-related relationships that are not employment relationships.
2: Services provided in accordance with this section proceed on the basis specified in writing by the chief executive. Section 144A inserted 1 December 2004 section 48 Employment Relations Amendment Act (No 2) 2004
145: Provision of mediation services
1: The chief executive, by way of general instructions under section 153(2)
a: may decide how the mediation services required by section 144
b: may, in order to promote fast and effective resolutions, treat matters presented for mediation in different ways.
2: Any of the mediation services may be provided, for example,—
a: by a telephone, facsimile, Internet, or e-mail service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or
b: by publishing pamphlets, brochures, booklets, or codes; or
c: by specialists who—
i: respond to requests or themselves identify how, where, and when their services can best support the object of this Act; or
ii: provide their services in the manner, and at the time and place (including wherever practicable the workplace itself), that are most likely to resolve the problem in question; or
iii: provide their services in all of the ways described in this paragraph.
3: Any of the mediation services may be provided—
a: by a combination of the ways described in subsection (2); or
b: in such other ways as the chief executive thinks fit to best support the object of this Act.
4: Subsections (2) and (3) do not limit subsection (1). Section 145(1) substituted 1 December 2004 section 49 Employment Relations Amendment Act (No 2) 2004
146: Access to mediation services
A person who wishes to access mediation services must contact an office of the department that deals with employment relations issues.
147: Procedure in relation to mediation services
1: Where mediation services are provided, the person who provides the services decides what services are appropriate to the particular case.
2: That person, in providing those services,—
a: may, having regard to the object of this Act and the needs of the parties, follow such procedures, whether structured or unstructured, or do such things as he or she considers appropriate to resolve the problem or dispute promptly and effectively; and
ab: may offer mediation services on the basis that, prior to the commencement of a mediation, the parties have agreed—
i: that the services will be limited to a specified time; and
ii: if the problem is not resolved within the specified time, the parties will resolve the problem by using the process in section 150
ac: may assist the parties to resolve a problem at an early stage, including, at the request of a party, discussing the problem with that party without any representative of that party being present; and
b: may receive any information, statement, admission, document, or other material, in any way that he or she thinks fit, whether or not it would be admissible in judicial proceedings.
3: To avoid doubt, the person who provides the services also decides the procedures that will be followed, which may include—
a: addressing any party to the matter without any representative of that party being present:
b: expressing to any party his or her views on the substance of 1 or more of the issues between the parties—
i: with or without any representative of the party being present:
ii: with or without any other party or parties to the matter being present:
c: expressing to any party his or her views on the process the party is following or the position the party has adopted about the employment relationship problem—
i: with or without any representative of the party being present:
ii: with or without any other party or parties to the matter being present. Section 147(2)(ab) inserted 1 December 2004 section 50(1) Employment Relations Amendment Act (No 2) 2004 Section 147(2)(ac) inserted 1 April 2011 section 21 Employment Relations Amendment Act 2010 Section 147(3) added 1 December 2004 section 50(2) Employment Relations Amendment Act (No 2) 2004
148: Confidentiality
1: Except with the consent of the parties or the relevant party, a person who—
a: provides mediation services; or
b: is a person to whom mediation services are provided; or
c: is a person employed or engaged by the department; or
d: is a person who assists either a person who provides mediation services or a person to whom mediation services are provided— must keep confidential any statement, admission, or document created or made for the purposes of the mediation and any information that, for the purposes of the mediation, is disclosed orally in the course of the mediation.
2: No person who provides mediation services may give evidence in any proceedings, whether under this Act or any other Act, about—
a: the provision of the services; or
b: anything, related to the provision of the services, that comes to his or her knowledge in the course of the provision of the services.
3: No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, by subsection (1), is required to be kept confidential.
4: Nothing in the Official Information Act 1982
5: Where mediation services are provided for the purpose of assisting persons to resolve any problem in determining or agreeing on new collective terms and conditions of employment, subsections (1) and (3) do not apply to any statement, admission, document, or information disclosed or made in the course of the provision of any such mediation services.
6: Nothing in this section—
a: prevents the discovery or affects the admissibility of any evidence (being evidence which is otherwise discoverable or admissible and which existed independently of the mediation process) merely because the evidence was presented in the course of the provision of mediation services; or
b: prevents the gathering of information by the department for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or
c: prevents the disclosure by any person employed or engaged by the department to any other person employed or engaged by the department of matters that need to be disclosed for the purposes of giving effect to this Act; or
d: applies in relation to the functions performed, or powers exercised, by any person under section 149(2) section 150(2)
148A: Certain entitlements may be subject to mediation and agreed terms of settlement
1: The entitlements specified in subsection (3)
a: mediation under this Part; and
b: agreed terms of settlement under section 149(1)
2: Despite subsection (1), a person who is employed or engaged by the chief executive to provide mediation services and who holds a general authority to sign agreed terms of settlement under section 149(1) entitlements specified in subsection (3)
3: This section applies to wages or holiday pay or other money payable by the employer to the employee under the Minimum Wage Act 1983 Holidays Act 2003 the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 or the Support Workers (Pay Equity) Settlements Act 2017 Section 148A inserted 1 April 2011 section 22 Employment Relations Amendment Act 2010 Section 148A heading replaced 1 April 2016 section 20(1) Employment Relations Amendment Act 2016 Section 148A(1) amended 1 April 2016 section 20(2) Employment Relations Amendment Act 2016 Section 148A(2) amended 1 April 2016 section 20(3) Employment Relations Amendment Act 2016 Section 148A(3) inserted 1 April 2016 section 20(4) Employment Relations Amendment Act 2016 Section 148A(3) amended 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 148A(3) amended 1 July 2017 section 20(2) Care and Support Workers (Pay Equity) Settlement Act 2017
149: Settlements
1: Where a problem is resolved, whether through the provision of mediation services or otherwise, any person—
a: who is employed or engaged by the chief executive to provide the services; and
b: who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,— may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement.
2: Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,—
a: explain to the parties the effect of subsection (3); and
b: be satisfied that, knowing the effect of that subsection, the parties affirm their request.
3: Where, following the affirmation referred to in subsection (2) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,—
a: those terms are final and binding on, and enforceable by, the parties; and
ab: the terms may not be cancelled under sections 36 to 40
b: except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise.
3A: For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity.
4: A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. Section 149(3)(ab) inserted 1 December 2004 section 51(1) Employment Relations Amendment Act (No 2) 2004 Section 149(3)(ab) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 149(3A) inserted 1 April 2011 section 23 Employment Relations Amendment Act 2010 Section 149(4) added 1 December 2004 section 51(2) Employment Relations Amendment Act (No 2) 2004
149A: Recommendation to parties
1: The parties to a problem may agree in writing—
a: to confer the power to make a written recommendation in relation to the matters in issue on a person employed or engaged by the chief executive to provide mediation services; and
b: on the date on which that person's recommendation will become final, unless the parties do not accept the recommendation.
2: The person on whom the power is conferred must, before making and signing a recommendation under that power,—
a: explain to the parties the effect of subsections (4) and (5); and
b: be satisfied that, knowing the effect of those subsections, the parties affirm their agreement.
3: Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a recommendation is made and signed by the person empowered to do so, a party has until the date agreed under subsection (1)(b) to give written notice to the person who made the recommendation that the party does not accept the recommendation.
4: If a party gives notice under subsection (3) that the party does not accept the recommendation,—
a: further mediation services may be provided in order to attempt to resolve the problem; and
b: either party to the problem may request those services be provided by a person other than the person who made the recommendation.
5: If a party does not give notice under subsection (3),—
a: the recommendation becomes final and binding on, and enforceable by, the parties; and
b: a party may not seek to bring that recommendation before the Authority or the court, whether by action, appeal, application for review, or otherwise, except for enforcement purposes. Section 149A inserted 1 April 2011 section 24 Employment Relations Amendment Act 2010
150: Decision by authority of parties
1: The parties to a problem may agree in writing to confer on a person employed or engaged by the chief executive to provide mediation services, the power to decide the matters in issue.
2: The person on whom the power is conferred must, before making and signing a decision under that power,—
a: explain to the parties the effect of subsection (3); and
b: be satisfied that, knowing the effect of that subsection, the parties affirm their agreement.
3: Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a decision on how to resolve a problem is made and signed by the person empowered to do so,—
a: that decision is final and binding on, and enforceable by, the parties; and
b: except for enforcement purposes, no party may seek to bring that decision before the Authority or the court, whether by action, appeal, application for review, or otherwise.
4: A person who breaches a term of a decision to which subsection (3) applies is liable to a penalty imposed by the Authority. Section 150(4) added 1 December 2004 section 52 Employment Relations Amendment Act (No 2) 2004
150A: Payment on resolution of problem
1: Any payment by one party to another, required by any agreed terms of settlement under section 149(3) section 150(3)
2: For the purposes of this Act, a payment that does not comply with subsection (1) is to be treated as if the payment has not been made.
3: Subsection (1) does not—
a: apply if the party to whom the payment is required to be made is receiving or has received legal aid under the Legal Services Act 2000
b: prevent a payment being made to the other party's solicitor. Section 150A inserted 1 December 2004 section 53 Employment Relations Amendment Act (No 2) 2004
151: Enforcement of terms of settlement agreed or authorised
1: This section applies to—
a: any agreed terms of settlement that are enforceable by the parties under section 149(3)
b: any recommendation that is enforceable by the parties under section 149A(5)
c: any decision that is enforceable by the parties under section 150(3)
2: A matter referred to in subsection (1) may be enforced—
a: by compliance order under section 137
b: in the case of a monetary settlement, in one of the following ways:
i: by compliance order under section 137
ii: by using, as if the settlement, recommendation, or decision were an order enforceable under section 141 Section 151 substituted 1 April 2011 section 25 Employment Relations Amendment Act 2010
152: Mediation services not to be questioned as being inappropriate
1: No mediation services may be challenged or called in question in any proceedings on the ground—
a: that the nature and content of the services was inappropriate; or
b: that the manner in which the services were provided was inappropriate.
2: Nothing in subsection (1) or in sections 149 150
a: in the case of terms signed under section 149
b: in the case of a decision made and signed under section 150
153: Independence of mediation personnel
1: The chief executive must ensure that any person employed or engaged to provide mediation services under section 144
a: is, in deciding how to handle or deal with any particular problem or aspect of it, able to act independently; and
b: is independent of any of the parties to whom mediation services are being provided in a particular case.
2: The chief executive, in managing the overall provision of mediation services, is not prevented by subsection (1) from giving general instructions about the manner in which, and the times and places at which, mediation services are to be provided.
3: Any such general instructions may include general instructions about the manner in which mediation services are to be provided in relation to particular types of matters or particular types of situations or both.
4: Where a Labour Inspector is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, the fact that the Labour Inspector and that person are employed by the same employer is not a ground for challenging the independence of that person.
5: Where the chief executive is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, that fact is not a ground for challenging the independence of that person.
6: No person who is employed or engaged by the chief executive to provide mediation services may—
a: hold office, at the same time, as a member of the Authority; or
b: be employed, at the same time, to staff or support—
i: the Authority under section 185
ii: the court under section 198
154: Other mediation services
Nothing in this Part prevents any person seeking and using mediation services other than those provided by the chief executive under section 144 1991 No 22 s 78(5)
155: Arbitration
1: Nothing in this Act prevents the parties to an employment agreement from agreeing to submit an employment relationship problem to arbitration.
2: If the parties to an employment agreement purport to submit an employment relationship problem to arbitration,—
a: nothing in the Arbitration Act 1996
b: the parties must determine the procedure for the arbitration.
3: The submission of an employment relationship problem to arbitration does not—
a: prevent any of the parties from using mediation services or applying to the Authority or the court in accordance with this Part; or
b: otherwise affect the application of this Act. Employment Relations Authority
156: Employment Relations Authority
This section establishes an authority called the Employment Relations Authority.
157: Role of Authority
1: The Authority is an investigative body that has the role of resolving employment relationship problems by establishing the facts and making a determination according to the substantial merits of the case, without regard to technicalities.
2: The Authority must, in carrying out its role,—
a: comply with the principles of natural justice; and
b: aim to promote good faith behaviour; and
c: support successful employment relationships; and
d: generally further the object of this Act.
2A:
3: The Authority must act as it thinks fit in equity and good conscience, but may not do anything that is inconsistent with—
a: this Act; or
b: any regulations made under this Act; or
c: the relevant employment agreement. Section 157(2A) repealed 1 April 2011 section 26 Employment Relations Amendment Act 2010 Section 157(3) substituted 1 April 2011 section 26 Employment Relations Amendment Act 2010
158: Lodging of applications
Proceedings before the Authority are to be commenced by the lodging of an application in the prescribed form.
159: Duty of Authority to consider mediation
1: Where any matter comes before the Authority for determination, the Authority—
a: must, whether through a member or through an officer, first consider whether an attempt has been made to resolve the matter by the use of mediation; and
b: must direct that mediation or further mediation, as the case may require, be used before the Authority investigates the matter, unless the Authority considers that the use of mediation or further mediation—
i: will not contribute constructively to resolving the matter; or
ii: will not, in all the circumstances, be in the public interest; or
iii: will undermine the urgent or interim nature of the proceedings ; or
iv: will be otherwise impractical or inappropriate in the circumstances; and
c: must, in the course of investigating any matter, consider from time to time, as the Authority thinks fit, whether to direct the parties to use mediation.
1A:
2: Where the Authority gives a direction under subsection (1)(b) or subsection (1)(c), the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences, and proceedings in relation to the request before the Authority are suspended until the parties have done so or the Authority otherwise directs (whichever first occurs).
3: This section applies subject to section 159AA Section 159(1)(b)(iii) amended 1 April 2011 section 27(1) Employment Relations Amendment Act 2010 Section 159(1)(b)(iv) added 1 April 2011 section 27(1) Employment Relations Amendment Act 2010 Section 159(1A) repealed 1 April 2016 section 21(1) Employment Relations Amendment Act 2016 Section 159(3) inserted 1 April 2016 section 21(2) Employment Relations Amendment Act 2016
159AA: When mediation in relation to breach of employment standards is appropriate
If a matter before the Authority relates principally to an alleged breach of employment standards relating to an employee, the Authority must not give a direction that the parties use mediation or further mediation unless—
a: the Authority is satisfied that mediation will be a cheaper and quicker way to clarify disputed facts or otherwise assist the Authority in considering the matter; or
b: the alleged breach appears to be minor and inadvertent; or
c: both parties agree; or
d: the Authority is satisfied that, in the circumstances and having regard to section 3(ab) Section 159AA inserted 1 April 2016 section 22 Employment Relations Amendment Act 2016
159A: Duty of Authority to prioritise previously mediated matters
1: This section applies if a matter comes before the Authority for investigation and determination and an attempt has been made to resolve the matter by mediation.
2: The Authority must give priority to investigating and determining the matter referred to in subsection (1) over any other matters in which mediation has not been used unless the Authority considers that providing mediation services would be inappropriate having regard to section 159(1)
3: Despite subsection (2), the Authority may give priority to proceedings referred to in section 161(1)(la) Section 159A inserted 1 April 2011 section 28 Employment Relations Amendment Act 2010 Section 159A(3) inserted 6 March 2015 section 65 Employment Relations Amendment Act 2014
160: Powers of Authority
1: The Authority may, in investigating any matter,—
a: call for evidence and information from the parties or from any other person:
b: require the parties or any other person to attend an investigation meeting to give evidence:
c: interview any of the parties or any person at any time before , during, or after
d: in the course of an investigation meeting, fully examine any witness:
e: decide that an investigation meeting should not be in public or should not be open to certain persons:
f: follow whatever procedure the Authority considers appropriate.
2: The Authority may take into account such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.
2A: The Authority must allow cross-examination of a party or a person to the extent that is consistent with subsection (2).
3: The Authority is not bound to treat a matter as being a matter of the type described by the parties, and may, in investigating the matter, concentrate on resolving the employment relationship problem, however described.
4: The Authority may not make a freezing order or search order as provided for in the High Court Rules 2016 Section 160(1)(c) amended 1 December 2004 section 54 Employment Relations Amendment Act (No 2) 2004 Section 160(2A) inserted 1 April 2011 section 29(1) Employment Relations Amendment Act 2010 Section 160(4) added 1 April 2011 section 29(2) Employment Relations Amendment Act 2010 Section 160(4) amended 18 October 2016 section 183(c) Senior Courts Act 2016
161: Jurisdiction
1: The Authority has exclusive jurisdiction to make determinations about employment relationship problems generally, including—
a: disputes about the interpretation, application, or operation of an employment agreement:
b: matters related to a breach of an employment agreement:
c: matters about whether a person is an employee (not being matters arising on an application under section 6(5)
ca: facilitating bargaining under sections 50A to 50I
cb: fixing the provisions of a collective agreement under section 50J
cba:
cc:
d: matters alleged to arise under section 68
daa: determining whether an employer has complied with section 69AAE
dab: determining whether an employer has complied with section 69ABE section 69ABA
da: investigating bargaining under section 69O
e: personal grievances:
ea: joining a controlling third party to a personal grievance under section 103B
f: matters about whether the good faith obligations imposed by this Act (including those that apply where a union and an employer bargain for a collective agreement) have been complied with in a particular case:
g: matters about the recovery of wages or other money under section 131
ga: determining the apportionment of liability for the costs of service-related entitlements under section 69LB(4)
h: matters about whether the rules of a union, or of an incorporated society that wishes to register as a union, comply with the provisions of this Act:
i: matters about whether an incorporated society is entitled to register under this Act as a union or is entitled to continue to be so registered:
j: matters about whether a person is entitled to be a member of a union:
k: matters related to a failure by a union to comply with its rules:
l: any proceedings related to a strike or lockout (other than those founded on tort or seeking an injunction):
la:
m: actions for the recovery of penalties—
i: under this Act for a breach of an employment agreement:
ii: under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the Authority):
iia: under the Support Workers (Pay Equity) Settlements Act 2017
iib: under section 18
iii: under section 76
iiia: under section 25
iv: under section 10
v: under section 13
vi:
n: compliance orders under section 137
o: objections under section 225
p: orders for interim reinstatement under section 127
q: actions of the type referred to in section 228(1)
qa: disputes about an invention made by an employee (either alone or jointly with any other person) or any patent granted, or to be granted, in respect of that invention:
qb: reviews under section 30
qc: determining whether an employer has complied with section 30D
qd: all matters arising under the Equal Pay Act 1972
i: determining equal pay claims and unlawful discrimination claims:
ia: determining whether a pay equity claim meets all requirements set out in section 13E see section 13ZY(1)(a), (b), and (c)(i)
ib: determining whether an employee’s work is the same as, or substantially similar to, work that is the subject of a pay equity claim raised by a union with the employee’s employer, for the purposes of determining whether or not the employee is, or is to be, covered by the claim ( see section 13ZY(1)(d)
ii: determining disputes as to whether a pay equity claim has merit ( see section 13ZY(1)(e)
iii: determining whether 1 or more comparators selected for use in assessing a pay equity claim are appropriate comparators or whether 1 or more appropriate comparators are available for selection ( see section 13ZY(1)(g) and (h)
iiia: determining, in relation to a decision by an employer under section 13ZEB see section 13ZY(1)(c)(ii)
iv: determining disputes as to whether work is in fact undervalued ( see section 13ZY(1)(f)
v: fixing remuneration that is consistent with pay equity under that Act and specifying 3 annual phases of equal amounts or proportions (starting at the date of the pay equity claim settlement) by which the remuneration will be increased ( see section 13ZY(1)(i) and (6)
va: determining whether remuneration agreed by the parties to a pay equity claim is to be increased to the agreed level in phases and, if so, the particulars of those phases ( see section 13ZY(1)(j)
vi: determining whether the terms and conditions of employment in an employee’s employment agreement are more or less favourable than the terms and conditions of employment in a pay equity claim settlement for the purposes of section 13ZM
vii:
viii:
qe:
r: any other action (being an action that is not directly within the jurisdiction of the court) arising from or related to the employment relationship or related to the interpretation of this Act (other than an action founded on tort):
s: determinations under such other powers and functions as are conferred on it by this or any other Act.
2: Except as provided in subsection (1)(ca), (cb), (f), and (qd)
a: bargaining; or
b: the fixing of new terms and conditions of employment.
3: Except as provided in this Act, no court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the Authority.
4: The Authority has jurisdiction to perform and exercise the functions and powers conferred on it by the Screen Industry Workers Act 2022 1991 No 22 s 79(1)(b)–(g), (j) Section 161(1)(ca) inserted 1 December 2004 section 55(1) Employment Relations Amendment Act (No 2) 2004 Section 161(1)(cb) inserted 1 December 2004 section 55(1) Employment Relations Amendment Act (No 2) 2004 Section 161(1)(cba) repealed 12 December 2018 section 35(1) Employment Relations Amendment Act 2018 Section 161(1)(cc) repealed 1 April 2019 section 14(1) Domestic Violence—Victims' Protection Act 2018 Section 161(1)(daa) inserted 1 April 2019 section 14(2) Domestic Violence—Victims' Protection Act 2018 Section 161(1)(dab) inserted 1 April 2019 section 14(2) Domestic Violence—Victims' Protection Act 2018 Section 161(1)(da) inserted 1 December 2004 section 55(2) Employment Relations Amendment Act (No 2) 2004 Section 161(1)(da) amended 14 September 2006 section 10 Employment Relations Amendment Act 2006 Section 161(1)(ea) inserted 27 June 2020 section 10 Employment Relations (Triangular Employment) Amendment Act 2019 Section 161(1)(ga) inserted 6 March 2015 section 66(2) Employment Relations Amendment Act 2014 Section 161(1)(la) repealed 12 December 2018 section 35(1) Employment Relations Amendment Act 2018 Section 161(1)(m)(iia) inserted 1 July 2017 section 20(3) Care and Support Workers (Pay Equity) Settlement Act 2017 Section 161(1)(m)(iia) amended 7 August 2020 section 23(2)(b) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 161(1)(m)(iib) inserted 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 161(1)(m)(iii) amended 1 April 2004 section 91(2) Holidays Act 2003 Section 161(1)(m)(iiia) inserted 25 February 2016 section 31(3) Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 Section 161(1)(m)(vi) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 161(1)(qa) inserted 13 September 2014 section 249 Patents Act 2013 Section 161(1)(qb) inserted 13 September 2014 section 249 Patents Act 2013 Section 161(1)(qc) inserted 1 April 2016 section 83 Parental Leave and Employment Protection Amendment Act 2016 Section 161(1)(qd) inserted 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 161(1)(qd)(ia) inserted 14 May 2025 section 52(1) Equal Pay Amendment Act 2025 Section 161(1)(qd)(ib) inserted 14 May 2025 section 52(1) Equal Pay Amendment Act 2025 Section 161(1)(qd)(ii) amended 14 May 2025 section 52(2) Equal Pay Amendment Act 2025 Section 161(1)(qd)(iii) replaced 14 May 2025 section 52(3) Equal Pay Amendment Act 2025 Section 161(1)(qd)(iiia) inserted 14 May 2025 section 52(3) Equal Pay Amendment Act 2025 Section 161(1)(qd)(iv) amended 14 May 2025 section 52(4) Equal Pay Amendment Act 2025 Section 161(1)(qd)(v) amended 14 May 2025 section 52(5) Equal Pay Amendment Act 2025 Section 161(1)(qd)(va) inserted 14 May 2025 section 52(6) Equal Pay Amendment Act 2025 Section 161(1)(qd)(vii) repealed 14 May 2025 section 52(7) Equal Pay Amendment Act 2025 Section 161(1)(qd)(viii) repealed 14 May 2025 section 52(7) Equal Pay Amendment Act 2025 Section 161(1)(qe) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 161(2) amended 6 November 2020 section 33 Equal Pay Amendment Act 2020 Section 161(2) amended 12 December 2018 section 35(2) Employment Relations Amendment Act 2018 Section 161(2) amended 1 December 2004 section 55(3) Employment Relations Amendment Act (No 2) 2004 Section 161(4) inserted 30 December 2022 section 104 Screen Industry Workers Act 2022
162: Application of law relating to contracts
Subject to sections 163 164 the District Court
a: Part 2
b: the Fair Trading Act 1986
c:
d:
e:
f:
g: 1991 No 22 s 104(1)(h) Section 162 amended 1 March 2017 section 261 District Court Act 2016 Section 162(a) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(b) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(c) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(d) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(e) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(f) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 162(g) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017
163: Restriction on Authority's power in relation to collective agreements
The Authority may not, under section 162 1991 No 22 s 104(2)
164: Application to individual employment agreements of law relating to contracts
Where the Authority has, under section 69(1)(b) section 162
a: the Authority (whether or not it gave any direction under section 159(1)(b)
i: has identified the problem in relation to the agreement; and
ii: has directed the parties to attempt in good faith to resolve that problem; and
b: the parties have attempted in good faith to resolve the problem relating to the agreement by using mediation; and
c: despite the use of mediation, the problem has not been resolved; and
d: the Authority is satisfied that any remedy other than such an order would be inappropriate or inadequate. 1991 No 22 s 104(2)
165: Other provisions relating to investigations of Authority
The provisions of Schedule 2
166: Membership of Authority
1: The Authority consists of—
a: 1 member who is to be appointed as the Chief of the Employment Relations Authority:
b: at least 2 other members.
2: For the purposes of any matter within its jurisdiction, the Authority consists of 1 member of the Authority.
3: 1991 No 22 s 81(1), (2) Section 166(3) repealed 1 April 2011 section 30 Employment Relations Amendment Act 2010
166A: Role of Chief of Authority
1: In addition to deciding matters as a member of the Authority, the Chief of the Authority is responsible for—
a: making any arrangements that are practicable to ensure that the members of the Authority discharge their functions—
i: in an orderly and expeditious way; and
ii: in a way that meets the objects of this Act; and
b: directing the education, training, and professional development of members of the Authority.
2: Without limiting subsection (1), the Chief of the Authority may—
a: issue instructions (not inconsistent with this Act or regulations made under it) that outline expectations in respect of the process, timeliness, or any other matter relating to the hearing and determination of matters before the Authority; and
b: require particular members of the Authority to investigate particular matters.
3: For the purposes of section 169(3) Section 166A inserted 1 April 2011 section 31 Employment Relations Amendment Act 2010
166B: Delegation of Chief of Authority’s functions, duties, or powers
1: The Chief of the Authority must ensure that an appropriate delegation is at all times in place under this section to enable 1 member of the Authority to act in place of the Chief of the Authority during—
a: any absence or incapacity of the Chief of the Authority; or
b: any vacancy in the office of Chief of the 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 of the Authority thinks fit; and
c: may include a power to subdelegate any function, duty, or power to any other member of the Authority; and
d: is revocable at any time, by notice in writing.
3: The person to whom any functions, duties, 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 person directly by this Act and not by delegation.
4: A person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: No delegation under this section affects or prevents the performance or exercise of any function, duty, or power by the Chief of the Authority, or affects the responsibility of the Chief of the Authority for the actions of any person acting under the delegation.
6: A delegation, until it is revoked, continues to have effect according to its terms even if the Chief of the Authority by whom it was made has ceased to hold office. Section 166B inserted 6 March 2015 section 67 Employment Relations Amendment Act 2014
167: Appointment of members
Each member of the Authority is to be appointed by the Governor-General on the recommendation of the Minister. 1991 No 22 s 82(1)
168: Oath of office
Each member of the Authority must, before entering on the exercise of any of his or her functions as a member of the Authority, swear or affirm before a Judge of the court that the member of the Authority will faithfully and impartially perform his or her duties as a member of the Authority. 1991 No 22 s 82(3)
169: Term of office
1: Every member of the Authority is to be appointed for a term not exceeding 4 years.
2: A member of the Authority is eligible for reappointment from time to time.
3: Before recommending the reappointment of a member of the Authority under section 167 section 166A(3) 1991 No 22 s 83 Section 169(3) added 1 April 2011 section 32 Employment Relations Amendment Act 2010
170: Vacation of office
1: A member of the Authority may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
2: A member of the Authority is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006
3: A member of the Authority may at any time resign his or her office by giving notice in writing to that effect to the Minister. 1991 No 22 s 84 Section 170(2) amended 3 December 2007 section 445 Insolvency Act 2006
171: Salaries and allowances
1: There is to be paid to each member of the Authority, out of public money, without further appropriation than this section,—
a: a salary at such rate or in accordance with such scale of rates as the Remuneration Authority
b: subject to subsection (2), such allowances as are from time to time determined by the Remuneration Authority
2: There is to be paid to each member of the Authority, in respect of time spent travelling in the exercise of the Authority's functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
3: In the case of the Chief of the Authority or of a member of the Authority to whom a delegation has been made under section 166B
4: Nothing in subsection (1) prevents in an appropriate case payment to a member of the Authority of a salary and allowances on a per diem basis. 1991 No 22 s 86(1)–(3) Section 171(1)(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 171(1)(b) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 171(3) amended 13 January 2020 section 4 Regulatory Systems (Workforce) Amendment Act 2019
172: Temporary appointments
1: The Governor-General may from time to time, on the recommendation of the Minister, appoint 1 or more temporary members of the Authority to hold office for such period as may be specified in the instrument of appointment.
2: The period so specified may not exceed 12 months; but any person appointed under this section may from time to time be reappointed.
3: A person so appointed has all the powers of a member.
4: Every person appointed as a temporary member of the Authority under this section is, during the term of that member's appointment, to be paid, on a per diem basis,—
a: such salary, payable pursuant to section 171
b: the allowances to which that person would be entitled if that person held office under section 166(1) 1991 No 22 s 87(1)–(4)
172A: Reports from Inspector-General of Intelligence and Security
1: This section applies if—
a: any matter that comes before the Authority relates to or arises from a recommendation made by the New Zealand Security Intelligence Service under section 11
b: a report on the recommendation has not previously been prepared by the Inspector-General of Intelligence and Security under section 185
2: The Authority must request the Inspector-General of Intelligence and Security to prepare a report on the recommendation made by the New Zealand Security Intelligence Service.
3: As soon as practicable after receiving a request under subsection (2), the Inspector-General of Intelligence and Security must prepare and provide a report to the Authority.
4: To enable the Inspector-General of Intelligence and Security to prepare a report, the Authority must provide to the Inspector-General all relevant documents within its possession or under its control.
5: The parties are entitled—
a: to receive a copy of the report; and
b: to make submissions on it to the Authority.
6: The Authority must have regard to the report prepared by the Inspector-General of Intelligence and Security before making a determination on the matter.
7: In this section,— Inspector-General of Intelligence and Security section 157 New Zealand Security Intelligence Service section 7 Section 172A inserted 28 September 2017 section 264 Intelligence and Security Act 2017
173: Procedure
1: The Authority, in exercising its powers and performing its functions, must—
a: comply with the principles of natural justice; and
b: act in a manner that is reasonable, having regard to its investigative role.
2: The Authority may exercise its powers under section 160
3: However, if the Authority acts under subsection (2), the Authority must provide an absent party with—
a: any material it receives that is relevant to the case of the absent party; and
b: an opportunity to comment on the material before the Authority takes it into account.
4: To avoid doubt, subsections (2) and (3) do not limit the powers of the Authority to make ex parte High Court Rules 2016
5: The Authority may meet with the parties at the times and places fixed by a member of the Authority or an officer of the Authority.
6: Meetings of the Authority may be adjourned from time to time and from place to place by a member of the Authority or an officer of the Authority designated for the purpose by the chief executive, whether at any meeting or at any time before the time fixed for the meeting. Section 173 substituted 1 April 2011 section 33 Employment Relations Amendment Act 2010 Section 173(4) amended 18 October 2016 section 183(c) Senior Courts Act 2016
173A: Recommendation to parties
1: The parties to an employment relationship problem may agree in writing—
a: to confer the power to make a written recommendation in relation to the matters in issue on a member of the Authority; and
b: on the date on which the member's recommendation will become final, unless the parties do not accept the recommendation.
2: The member must, before making and signing a recommendation under that power,—
a: explain to the parties the effect of subsections (4) and (5); and
b: be satisfied that, knowing the effect of those subsections, the parties affirm their agreement.
3: Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a recommendation is made and signed by the member empowered to do so, a party has until the date agreed under subsection (1)(b) to give written notice to the member who made the recommendation that the party does not accept the recommendation.
4: If a party gives notice under subsection (3) that the party does not accept the recommendation,—
a: the Authority must continue to investigate and determine the matter; and
b: either party to the problem may request that the matter be further investigated and determined by a member other than the member who made the recommendation.
5: If a party does not give notice under subsection (3), the recommendation becomes final and must be treated as the Authority's determination of the matter.
6: However, a recommendation under subsection (5) need not comply with section 174E(a) Section 173A inserted 1 April 2011 section 33 Employment Relations Amendment Act 2010 Section 173A(6) amended 6 March 2015 section 68 Employment Relations Amendment Act 2014
174: Authority must give oral determination or oral indication of preliminary findings wherever practicable
At the conclusion of an investigation meeting, the Authority must, wherever practicable,—
a: give its determination on the matter orally; or
b: give an oral indication of its preliminary findings on the matter. Section 174 replaced 6 March 2015 section 69 Employment Relations Amendment Act 2014
174A: Oral determinations
1: If the Authority gives an oral determination under section 174(a)
a: express its conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
b: state any relevant findings of fact or law to the extent that it considers it necessary to do so in order to explain its conclusions; and
c: specify what orders (if any) it is making.
2: The Authority must record an oral determination in writing as soon as practicable and not later than 1 month after the date on which the investigation meeting concluded.
3: However, the Authority may record an oral determination later than the date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist.
4: The Authority may amend an oral determination when it is recorded under subsection (2) if it is necessary to correct a mistake caused by an error or omission in the determination. Section 174A inserted 6 March 2015 section 69 Employment Relations Amendment Act 2014
174B: Oral indication of preliminary findings
1: If the Authority gives an oral indication of its preliminary findings under section 174(b)
a: must—
i: give an indication of its likely conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
ii: state any likely relevant findings of fact or law to the extent that it considers it necessary to do so in order to explain its likely conclusions; and
b: may express the oral indication of its preliminary findings as being subject to any further evidence or information from the parties or any other person.
2: The Authority must provide a written determination in respect of a matter for which it has given an oral indication of its preliminary findings as soon as practicable and not later than the later of the following dates:
a: the day that is 3 months after the date on which the investigation meeting concluded; and
b: the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or other person referred to in subsection (1)(b).
3: However, the Authority may provide a written determination in respect of a matter for which it has given an oral indication of its preliminary findings later than the latest date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist. Section 174B inserted 6 March 2015 section 69 Employment Relations Amendment Act 2014
174C: Authority may reserve determination
1: Despite section 174
2: If the Authority reserves its determination of a matter under subsection (1), it may, before providing a written determination of its findings in accordance with subsection (3), require the parties or any other person to provide any further evidence or information that the Authority thinks fit.
3: If the Authority reserves its determination of a matter under subsection (1), it must provide a written determination of its findings as soon as practicable and not later than the later of the following dates:
a: the day that is 3 months after the date on which the investigation meeting concluded; and
b: the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or any other person.
4: However, the Authority may provide a written determination of its findings later than the latest date specified in subsection (3) if the Chief of the Authority decides exceptional circumstances exist. Section 174C inserted 6 March 2015 section 69 Employment Relations Amendment Act 2014
174D: Authority may determine matter without holding investigation meeting
1: Despite sections 174 174C
2: If the Authority determines a matter without holding an investigation meeting, it must provide a written determination of its findings as soon as practicable and not later than the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or any other person.
3: However, the Authority may provide a written determination of its findings later than the latest date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist. Section 174D inserted 6 March 2015 section 69 Employment Relations Amendment Act 2014
174E: Content of written determinations
A written determination provided by the Authority in accordance with section 174A(2) 174B(2) 174C(3) 174D(2)
a: must—
i: state relevant findings of fact; and
ii: state and explain its findings on relevant issues of law; and
iii: express its conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
iv: specify what orders (if any) it is making; but
b: need not—
i: set out a record of all or any of the evidence heard or received; or
ii: record or summarise any submissions made by the parties; or
iii: indicate why it made, or did not make, specific findings as to the credibility of any evidence or person; or
iv: record the process followed in investigating and determining the matter. Section 174E inserted 6 March 2015 section 69 Employment Relations Amendment Act 2014
175: Seal of Authority
The Authority is to have a seal, which is to be judicially noticed by all courts and for all purposes. 1991 No 22 s 89
176: Protection of members of Authority, etc
1: A member of the Authority, in the performance of his or her duties under this Act, has and enjoys the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4B to 4F
2: For the avoidance of doubt as to the privileges and immunities of members of the Authority and of parties, representatives, and witnesses in the proceedings of the Authority, it is declared that such proceedings are judicial proceedings. 1991 No 22 s 92 Section 176(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
177: Referral of question of law
1: The Authority may, where a question of law arises during an investigation,—
a: refer that question of law to the court for its opinion; and
b: delay the investigation until it receives the court's opinion on that question.
2: Every reference under subsection (1) must be made in the prescribed manner.
3: The court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion.
4: Subsection (1) does not apply—
a: to a question about the procedure that the Authority has followed, is following, or is intending to follow; and
b: without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure. 1991 No 22 s 93 Section 177(4) added 1 December 2004 section 57 Employment Relations Amendment Act (No 2) 2004
178: Removal to court
generally
1: The Authority may, on its own motion or on the application of a party to a matter, order the removal of the matter, or any part of it, to the court to hear and determine the matter without the Authority investigating it.
2: The Authority may order the removal of the matter, or any part of it, to the court if—
a: an important question of law is likely to arise in the matter other than incidentally; or
b: the case is of such a nature and of such urgency that it is in the public interest that it be removed immediately to the court; or
c: the court already has before it proceedings which are between the same parties and which involve the same or similar or related issues; or
d: the Authority is of the opinion that in all the circumstances the court should determine the matter.
3: Where the Authority declines to remove any matter on application under subsection (1)
4: An order for removal to the court under this section may be made subject to such conditions as the Authority or the court, as the case may be, thinks fit.
5: Where the Authority, acting under subsection (2), orders the removal of any matter, or a part of it, to the court, the court may, if it considers that the matter or part was not properly so removed, order that the Authority investigate the matter.
6: This section does not apply—
a: to a matter, or part of a matter, about the procedure that the Authority has followed, is following, or is intending to follow; and
b: without limiting paragraph (a), to a matter, or part of a matter, about whether the Authority may follow or adopt a particular procedure. 1991 No 22 s 94 Section 178 heading amended 28 November 2023 section 89 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 178(1) substituted 1 April 2011 section 34(1) Employment Relations Amendment Act 2010 Section 178(3) amended 1 April 2011 section 34(2) Employment Relations Amendment Act 2010 Section 178(6) added 1 December 2004 section 58 Employment Relations Amendment Act (No 2) 2004
178AA: Removal to court of proceeding involving national security information
If the Attorney-General gives written notice to the Authority that the Crown intends to make an SI application (under section 32 section 44 Section 178AA inserted 28 November 2023 section 90 Security Information in Proceedings (Repeals and Amendments) Act 2022
178A: Challenge in respect of dismissal of frivolous or vexatious proceedings
1: A party to a matter before the Authority that was dismissed because the Authority determined it was frivolous or vexatious under clause 12A
2: A challenge under this section must be made in the prescribed manner within 28 days after the date that the matter is dismissed by the Authority.
3: The court must determine whether it considers the matter to be frivolous or vexatious.
4: If the court does not determine that the matter is frivolous or vexatious, it must order the Authority to investigate and determine the matter. Section 178A inserted 1 April 2011 section 35 Employment Relations Amendment Act 2010
179: Challenges to determinations of Authority
1: A party to a matter before the Authority who is dissatisfied with a written determination of the Authority under section 174A(2) 174B(2) 174C(3) 174D(2)
2: An election under subsection (1) must be made in the prescribed manner and within 28 days after the date of the determination.
3: The election must—
a: specify the determination, or the part of the determination, to which the election relates; and
b: state whether or not the party making the election is seeking a full hearing of the entire matter (in this Part referred to as a hearing de novo
4: If the party making the election is not seeking a hearing de novo
a: any error of law or fact alleged by that party; and
b: any question of law or fact to be resolved; and
c: the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved; and
d: the relief sought.
5: Subsection (1) does not apply—
aa: to an oral determination or an oral indication of preliminary findings given by the Authority under section 174(a) or (b)
a: to a determination, or part of a determination, about the procedure that the Authority has followed, is following, or is intending to follow; and
b: without limiting paragraph (a), to a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. 1991 No 22 s 95(1), (2) Section 179(1) replaced 6 March 2015 section 70(1) Employment Relations Amendment Act 2014 Section 179(2) replaced 6 March 2015 section 70(1) Employment Relations Amendment Act 2014 Section 179(5) added 1 December 2004 section 59 Employment Relations Amendment Act (No 2) 2004 Section 179(5)(aa) inserted 6 March 2015 section 70(2) Employment Relations Amendment Act 2014
179A: Limitation on challenges to certain determinations of Authority
1: This section applies to a determination of the Authority made—
a: for the purposes of sections 50A to 50I
b: under section 50J
2: A party may not elect, under section 179(1) section 50C(1) section 50J(3) Section 179A inserted 1 December 2004 section 60 Employment Relations Amendment Act (No 2) 2004
179B: Limitations on consideration by Employment Court of matters arising under Part 6AA
or 6AB
1: This section applies to an investigation by, or determination of, the Authority under Part 6AA or 6AB
2: The Authority may not refer a question of law to the court under section 177 Part 6AA or 6AB
3: No matter, or part of a matter, may be removed to the court under section 178 Part 6AA or 6AB
4: No party who is dissatisfied with a determination, or any part of a determination, of the Authority under Part 6AA or 6AB section 179 Section 179B inserted 1 July 2008 section 7 Employment Relations (Flexible Working Arrangements) Amendment Act 2007 Section 179B heading amended 1 April 2019 section 15(1) Domestic Violence—Victims' Protection Act 2018 Section 179B(1) amended 1 April 2019 section 15(2) Domestic Violence—Victims' Protection Act 2018 Section 179B(2) amended 1 April 2019 section 15(2) Domestic Violence—Victims' Protection Act 2018 Section 179B(3) amended 1 April 2019 section 15(2) Domestic Violence—Victims' Protection Act 2018 Section 179B(4) amended 1 April 2019 section 15(2) Domestic Violence—Victims' Protection Act 2018
179C: Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987
1: This section applies to a reference to the Authority under section 30I section 30D
2: The Authority may not refer a question of law to the court under section 177
3: No matter, or part of a matter, may be removed to the court under section 178
4: No party who is dissatisfied with a determination, or any part of a determination, of the Authority of a reference referred to in subsection (1) may elect, under section 179 Section 179C inserted 1 April 2016 section 83 Parental Leave and Employment Protection Amendment Act 2016
180: Election not to operate as stay
The making of an election under section 179
181: Report in relation to good faith
1: Where the election states that the person making the election is seeking a hearing de novo
a: facilitated rather than obstructed the Authority's investigation; and
b: acted in good faith towards each other during the investigation.
2: The court may request a report under subsection (1) only where the court considers, on the basis of the determination made by the Authority under section 174A(2) 174B(2) 174C(3) 174D(2)
3: The Authority must, before submitting the report to the court, give each party to the proceedings a reasonable opportunity to supply to the Authority written comments on the draft report.
4: A party who supplies written comments to the Authority under subsection (3) must, immediately after doing so, serve a copy of those comments on each other party to the proceedings.
5: The Authority must, in submitting the final report to the court, submit with it any written comments received from any party. Section 181(2) amended 6 March 2015 section 71 Employment Relations Amendment Act 2014
182: Hearings
1: Where the election states that the person making the election is seeking a hearing de novo de novo
2: The court may give a direction under subsection (1) only if—
a: it has requested a report under section 181(1)
b: it is satisfied,—
i: on the basis of that report; and
ii: after having had regard to any comments submitted under section 181(5) that the person making the election did not participate in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved.
3: Where—
a: the court gives a direction under subsection (1); or
b: the election states that the person seeking the election is not seeking a hearing de novo the court must direct, in relation to the issues involved in the matter, the nature and extent of the hearing.
183: Decision
1: Where a party to a matter has elected under section 179
2: Once the court has made a decision, the determination of the Authority on the matter is set aside and the decision of the court on the matter stands in its place.
3: Despite subsection (2), a person may apply for review of the determination of the Authority under section 194 1991 No 22 s 95(4)–(7) Section 183(2) added 1 December 2004 section 61 Employment Relations Amendment Act (No 2) 2004 Section 183(3) added 1 December 2004 section 61 Employment Relations Amendment Act (No 2) 2004
184: Restriction on review
1: Except on the ground of lack of jurisdiction or as provided in section 179
1A: No review proceedings under section 194
a: the Authority has issued a determination under section 174A(2) 174B(2) 174C(3) 174D(2)
b: (if applicable) the party initiating the review proceedings has challenged the determination under section 179
c: the court has made a decision on the challenge under section 183
2: For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,—
a: in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or
b: the determination or order is outside the classes of determinations or orders which the Authority is authorised to make; or
c: the Authority acts in bad faith. Section 184(1A) inserted 1 December 2004 section 62 Employment Relations Amendment Act (No 2) 2004 Section 184(1A)(a) amended 6 March 2015 section 72 Employment Relations Amendment Act 2014
185: Staff of Authority
1: The chief executive may from time to time designate such number of employees of the department to act as officers of the Authority as may be required.
2: The officers designated under subsection (1) must act under the general direction of the chief executive.
3: The department is to provide such other employees as may be required to provide the Authority with such services and resources as may be necessary to enable it to effectively perform its functions and exercise its jurisdiction.
4: Subject to section 153(6) 1991 No 22 s 101 Employment Court
186: Employment Court
1: This section establishes a court of record, called the Employment Court, which, in addition to the jurisdiction and powers specially conferred on it by this Act or any other Act, has all the powers inherent in a court of record.
2: The court established by subsection (1) is declared to be the same court as the Employment Court established by section 103 of the Employment Contracts Act 1991 1991 No 22 s 103
187: Jurisdiction of court
1: The court has exclusive jurisdiction—
a: to hear and determine elections under section 179
b: to hear and determine actions for the recovery of penalties under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the court):
c: to hear and determine questions of law referred to it by the Authority under section 177
d: to hear and determine applications for leave to have matters before the Authority removed into the court under section 178(3)
e: to hear and determine matters removed into the court under section 178 or 178AA
f: to hear and determine, under section 6(5)
i: an employee within the meaning of this Act; or
ii: a worker or employee within the meaning of any of the Acts referred to in section 223(1)
g: to order compliance under section 139
ga: to hear and determine proceedings for a declaration of breach, pecuniary penalty order, compensation order, or banning order under Part 9A
h: to hear and determine proceedings founded on tort and resulting from or related to a strike or lockout:
i: to hear and determine any application for an injunction of a type specified in section 100
j: to hear and determine any application for review of the type referred to in section 194
k: to issue warrants under section 231
ka: to hear and determine any application for review of the type referred to in section 237D
l: to exercise its powers in respect of any offence against this Act:
m: to exercise such other functions and powers as are conferred on it by this or any other Act , including the Screen Industry Workers Act 2022
2: The court does not have jurisdiction to entertain an application for summary judgment.
3: Except as provided in this Act, no other court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the court. 1991 No 22 s 104(1)(a), (c), (d), (e), (j), (l), (m), (n), (o) Section 187(1)(e) amended 28 November 2023 section 91 Security Information in Proceedings (Repeals and Amendments) Act 2022 Section 187(1)(ga) inserted 1 April 2016 section 23 Employment Relations Amendment Act 2016 Section 187(1)(ka) inserted 1 March 2017 section 5 Employment Relations Amendment Act (No 2) 2016 Section 187(1)(m) amended 30 December 2022 section 105 Screen Industry Workers Act 2022
188: Role in relation to jurisdiction
1: The general role of the court in relation to its jurisdiction is to hear and determine matters within its jurisdiction and to exercise its powers.
2: Where any matter comes before the court for decision, the court—
a: must, whether through a Judge or through an officer of the court, first consider whether an attempt has been made to resolve the matter by the use of mediation; and
b: must direct that mediation or further mediation, as the case may require, be used before the court hears the matter, unless the court considers that the use of mediation or further mediation—
i: will not contribute constructively to resolving the matter; or
ii: will not, in all the circumstances, be in the public interest; or
iii: will undermine the urgent or interim nature of the proceedings; and
c: must, in the course of hearing and determining any matter, consider from time to time, as the court thinks fit, whether to direct the parties to use mediation.
3: Where the court gives a direction under subsection (2)(b) or (c), the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences; and proceedings in relation to the request before the court are suspended until the parties have done so or the court otherwise directs (whichever first occurs).
4: It is not a function of the court to advise or direct the Authority in relation to—
a: the exercise of its investigative role, powers, and jurisdiction; or
b: the procedure—
i: that it has followed, is following, or is intending to follow; or
ii: without limiting subparagraph (i), that it may follow or adopt.
5: This section applies subject to section 188A Section 188(4) substituted 1 December 2004 section 63 Employment Relations Amendment Act (No 2) 2004 Section 188(5) inserted 1 April 2016 section 24 Employment Relations Amendment Act 2016
188A: When mediation in relation to breach of employment standards is appropriate
1: If an application is made for a declaration or an order under section 142B 142E 142J 142M
2: However, if the matter relates principally to an alleged breach of employment standards relating to an employee (other than an application under section 142B 142E 142J 142M
a: the court is satisfied that mediation will be a cheaper and quicker way to clarify disputed facts or otherwise assist the court in considering the application; or
b: the alleged breach appears to be minor and inadvertent; or
c: both parties agree; or
d: the court is satisfied that, in the circumstances and having regard to section 3(ab) Section 188A inserted 1 April 2016 section 25 Employment Relations Amendment Act 2016
189: Equity and good conscience
1: In all matters before it, the court has, for the purpose of supporting successful employment relationships and promoting good faith behaviour, jurisdiction to determine them in such manner and to make such decisions or orders, not inconsistent with this or any other Act or with any applicable collective agreement or the particular individual employment agreement, as in equity and good conscience it thinks fit.
2: The court may accept, admit, and call for such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not. 1991 No 22 ss 104(3), 126(1)
190: Application of other provisions
1: The court has, in relation to matters within its jurisdiction, and in addition to the powers specifically conferred on it by this Act or any other Act, the powers conferred on the Authority by sections 162 164
2: For the purposes of subsection (1), sections 162 164
a: as if, for the word Authority court
b: as if, for the word member Judge
c: with all other necessary modifications.
3: In addition to the powers described in subsection (1), the court has the same powers of the High Court to make a freezing order and a search order as provided for in the High Court Rules 2016 Section 190(3) added 1 April 2011 section 36 Employment Relations Amendment Act 2010 Section 190(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016
191: Other provisions relating to proceedings of court
The provisions of Schedule 3
192: Application to collective agreements of law relating to contracts
1: The court may not, under section 162 section 190(1)
2: Despite subsection (1), the court may, instead of making an order of the kind described in that subsection,—
a: make an order—
i: suspending some aspect of the agreement; and
ii: directing the parties to the collective agreement to reopen bargaining with regard to the suspended aspect of the agreement; and
b: in addition to an order under paragraph (a), make an order requiring the parties to make use of mediation in the bargaining required by paragraph (a)(ii); and
c: in addition to orders under paragraphs (a) and (b), make a declaration that the employees and employers covered by the collective agreement (or either of them) are, or are not, to have the right to strike or lock out available to them, while the bargaining required by the order under paragraph (a)(ii) continues.
3: Every declaration under subsection (2)(c) must state the date on which the right to strike or lock out is to become available or is to cease to be available. 1991 No 22 s 104(2)
193: Proceedings not to be questioned
1: Except on the ground of lack of jurisdiction or as provided in sections 213 214 217 218
2: For the purposes of subsection (1), the court suffers from lack of jurisdiction only where,—
a: in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or
b: the decision or order is outside the classes of decisions or orders which the court is authorised to make; or
c: the court acts in bad faith. 1991 No 22 s 104(5), (6)
194: Application for review
1: If any person wishes to apply for review under the Judicial Review Procedure Act 2016
a: the Authority; or
b: an officer of the Authority or the court; or
c: an employer, or that employer's representative; or
d: a union, or that union's representative; or
e: the Registrar of Unions; or
f: the Minister; or
g: the chief executive; or
h: any other person— of a statutory power or statutory power of decision (as defined by section 4 sections 17 to 21 subpart 4 of Part 3 Part 4 clauses 1 to 5 7 to 11 subpart 4
2: Despite any other Act or rule of law, but subject to section 184(1A)
3: Where a right of appeal (which includes, for the purposes of this subsection, the right to make an election under section 179 Public Service Act 2020 or the Education and Training Act 2020
4: A Judge may at any time and after hearing such persons, if any, as the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as the Judge deems expedient having regard to the exigencies of the case and the interests of justice. 1991 No 22 s 105 Section 194(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 194(1) amended 1 August 2020 section 668 Education and Training Act 2020 Section 194(1) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 194(2) amended 1 December 2004 section 64 Employment Relations Amendment Act (No 2) 2004 Section 194(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 194(3) amended 1 August 2020 section 668 Education and Training Act 2020
194A: Application for review by certain employees
1: This section applies to any exercise, refusal to exercise, or proposed or purported exercise of a statutory power or statutory power of decision by an employer if that exercise, refusal to exercise, or proposed or purported exercise of the statutory power or statutory power of decision is or gives rise to an employment relationship problem.
2: When subsection (1) applies, the employee or former employee concerned—
a: must use the employment relationship problem-solving provisions in this Act to deal with the problem; and
b: may not bring an application for review in relation to the problem in the court or the High Court. Section 194A inserted 1 December 2004 section 65 Employment Relations Amendment Act (No 2) 2004
195: Non-attendance or refusal to co-operate
1: Every person commits an offence, and is liable on conviction by the court to a fine not exceeding $5,000, who, after being summoned under this Act as a witness,—
a: refuses or neglects, without sufficient cause, to attend as a witness before the Authority or the court or to produce to the Authority or the court any books, papers, documents, records, or things required by the summons to be produced; or
b: refuses, without sufficient cause, to be sworn or to give evidence or, having been sworn, refuses to answer any question that the person is lawfully required by the Authority or the court to answer concerning the proceedings.
2: No person summoned under this Act as a witness is liable to a fine under this Act unless there has been paid or tendered to that person in accordance with clause 6 clause 7 1991 No 22 s 127
196: Application of Contempt of Court Act 2019
1: Subparts 2 4 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Employment Court as if—
a: references to a court include the Employment Court; and
b: references to a Judge or judicial officer include a Judge of the Employment Court; and
c: references to an officer of the court include an officer of the Employment Court.
3: Those provisions apply to proceedings of the Employment Relations Authority as if—
a: references to a judicial officer include the Employment Relations Authority; and
b: references to disrupting the proceedings of a court or disobeying any order or direction of the court made in the course of the hearing of any proceedings include disruption of the proceedings of the Authority and disobedience of any order or direction of the Authority given in the course of the hearing of any proceedings; and
c: a disruption of the proceedings of the Authority includes the disruption of an investigation meeting held by the Authority. Section 196 replaced 26 August 2020 section 29 Contempt of Court Act 2019
197: Constitution of court
The court consists of—
a: 1 Judge called the Chief Judge of the Employment Court:
b: at least 2 other Judges who are to be called Judges of the Employment Court. 1991 No 22 s 110
198: Registrar and officers of court
1: The chief executive may from time to time designate such number of employees of the department to act as Registrars of the court as may be required, and appoint such other officers of the court as may be required.
2: Subject to section 153(6) 1991 No 22 s 111
198A: Registrar may take affidavit
A Registrar may take an affidavit. Section 198A inserted 1 March 2017 section 7 Employment Relations Amendment Act (No 2) 2016
199: Seal of court
The court is to have a seal, which is to be judicially noticed by all courts and for all purposes. 1991 No 22 s 112 Judges of the court
200: Appointment of Judges
1: The Judges of the court are to be appointed by the Governor-General on the advice of the Attorney-General.
2: A person may be appointed a Judge only if—
a: that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or
b: that person—
i: holds a degree in law granted or issued by any university within New Zealand; and
ii: has been admitted as a barrister and solicitor of the High Court; and
iii: has held a practising certificate in a jurisdiction specified by Order in Council—
A: for at least 7 years; or
B: for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.
3: The jurisdiction of the court is not affected by any vacancy in the number of Judges of the court.
4: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Judges of the court; and
b: nominating a person for appointment as a Judge of the court.
5: A Judge must not practise as a lawyer.
6: An order under subsection (2)(b)(iii) is secondary legislation ( see Part 3 1991 No 22 s 113(1), (2), (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 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 200(2) replaced 1 March 2017 section 8(1) Employment Relations Amendment Act (No 2) 2016 Section 200(4) replaced 1 March 2017 section 8(2) Employment Relations Amendment Act (No 2) 2016 Section 200(5) inserted 1 March 2017 section 8(2) Employment Relations Amendment Act (No 2) 2016 Section 200(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
200AA: Judge not to undertake other employment or hold other office
1: A Judge of the court must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Judge.
2: An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or holding the office is consistent with the Judge's judicial office.
3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge. Section 200AA inserted 1 March 2017 section 9 Employment Relations Amendment Act (No 2) 2016
200AB: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Judge. Section 200AB inserted 1 March 2017 section 9 Employment Relations Amendment Act (No 2) 2016
200A: Judges act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 200
3: To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge's appointment or at any other time, and may be given more than once in respect of the same Judge.
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief Judge.
5: In considering whether to concur under subsection (4), the Chief Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
8: If any question arises as to the number of Judges of the court,—
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1. Section 200A inserted 20 May 2004 section 4 Employment Relations Amendment Act 2004
201: Seniority
1: Subject to subsections (2) and (3), the Judges of the court other than the Chief Judge have seniority among themselves according to the dates of their appointments as Judges of the court.
2: If 2 or more of them are both appointed on the same day, they have seniority according to the precedence assigned to them by the Governor-General or, failing any such assignment, according to the order in which they take the judicial oath.
3: Every permanent Judge has seniority over every acting 1991 No 22 s 113(7) Section 201(3) amended 1 March 2017 section 10 Employment Relations Amendment Act (No 2) 2016
202: Senior Judge to act as Chief Judge in certain circumstances
1: While any vacancy exists in the office of Chief Judge, or during any absence from New Zealand of the Chief Judge, the senior Judge of the court in New Zealand has authority to act as Chief Judge and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Judge.
2: Whenever by reason of illness or any cause other than absence from New Zealand the Chief Judge is prevented from exercising the duties of the office, the Governor-General may authorise the senior Judge of the court to act as Chief Judge until the Chief Judge resumes those duties, and during that period to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Judge. 1991 No 22 s 114
203: Judges to have immunities of High Court Judges
The Judges have all the immunities of a Judge of the High Court.
204: Protection of Judges against removal from office
1: A Judge of the court may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.
2: An address under subsection (1) may be moved only on the grounds of—
a: the Judge's misbehaviour; or
b: the Judge's incapacity to discharge the functions of the Judge's office. 1986 No 114 s 23 1991 No 22 s 113(3), (4)
205: Age of retirement
Every Judge of the court must retire from office on attaining the age of 70 1991 No 22 s 113(6) Section 205 amended 6 March 2007 section 4 Employment Relations Amendment Act 2007
206: Salaries and allowances of Judges
1: There is to be paid to each Judge of the court, out of public money, without further appropriation than this section,—
a: a salary at such rate as the Remuneration Authority
b: such allowances as are from time to time determined by the Remuneration Authority
c: such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
2: In the case of the Chief Judge, the rate of salary and the allowances determined may be higher than those for the other Judges.
3: The salary of a Judge is not to be reduced while the Judge holds office.
3A: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
3B: For the purpose of subsection (3), the payment of salary and allowances on a pro rata basis under subsection (3A) is not a reduction of salary.
4: Any determination made under subsection (1)(c), and any provision of any such determination, may be made so as to come into force on a date specified in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
5: Every determination made under subsection (1)(c), and every provision of any such determination, in respect of which no date is specified under subsection (4) comes into force on the date of the making of the determination. 1991 No 22 s 115 Section 206(1)(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 206(1)(b) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 206(3A) inserted 20 May 2004 section 5 Employment Relations Amendment Act 2004 Section 206(3B) inserted 20 May 2004 section 5 Employment Relations Amendment Act 2004
207: Appointment of
acting
1: The Governor-General may from time to time, whenever in the Governor-General's opinion it is necessary or expedient to make a temporary appointment, appoint 1 or more acting Judges
2: The period so specified may not exceed 2 years or, in the case of a person who has attained the age of 70
3: Except as provided in subsection (4), no person may be appointed as a Judge under this section unless that person is eligible for appointment as a Judge under section 200
4: A person may, subject to subsection (2), be appointed as an acting Judge under this section if he or she is a former Judge of the court or a current or former District Court Judge.
4A: A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section.
4B: Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A
5: The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge, whether under section 200
6: Every Judge appointed under this section is to be paid—
a: such salary, not exceeding the salary payable for the time being to Judges other than the Chief Judge, as the Governor-General in Council directs; and
b: the allowances to which the Judge would be entitled if the Judge were appointed under section 200
7: Nothing in the Remuneration Authority Act 1977 1991 No 22 s 116 Section 207 heading amended 1 March 2017 section 11(1) Employment Relations Amendment Act (No 2) 2016 Section 207(1) amended 1 March 2017 section 11(2) Employment Relations Amendment Act (No 2) 2016 Section 207(2) amended 6 March 2007 section 5(1) Employment Relations Amendment Act 2007 Section 207(4) replaced 1 March 2017 section 11(3) Employment Relations Amendment Act (No 2) 2016 Section 207(4A) inserted 1 March 2017 section 11(3) Employment Relations Amendment Act (No 2) 2016 Section 207(4B) inserted 1 March 2017 section 11(3) Employment Relations Amendment Act (No 2) 2016 Section 207(7) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
208: Sittings
1: Subject to section 209
2: Sittings of the court are to be held at such times and places as are from time to time fixed by the court.
3: Sittings may be fixed either for a particular case or generally for a class of cases then before the court and ripe for hearing.
4: The court may be adjourned from time to time and from place to place by the Judge or by the Registrar of the court, whether at any sitting or at any time before the time fixed for the sitting. 1991 No 22 s 117
209: Full court
1: The Chief Judge may direct that the court must sit as a full court to hear and determine any proceedings, case, or question.
2: The full court comprises,—
a: as presiding member, the Chief Judge or a Judge nominated by the Chief Judge:
b: at least 2 other Judges nominated by the Chief Judge. 1991 No 22 s 119
210: Quorum and decision of court
1: Where, in relation to any proceedings, case, or question, the court consists of more than 1 Judge, the presence of at least 2 Judges is necessary to constitute a sitting of the court for the purposes of those proceedings, or that case or question, except as otherwise expressly provided.
2: The decision of a majority of the Judges present at the sitting of the court is the decision of the court.
3: Where the Judges present at a sitting of the court are equally divided in opinion, the decision of the court, for the purposes of subsection (2), is the decision of the Chief Judge if the Chief Judge is present or, if the Chief Judge is not present, the decision of the most senior of the Judges present.
4: The decision of the court in every case must be signed by a Judge, and may be issued by a Judge or by the Registrar of the court. 1991 No 22 s 120
211: Statement of case for Court of Appeal
In any matter before the court the Judge may, of the Judge's own motion, or on the application of any party, state a case for the Court of Appeal on any question of law arising in the matter, excluding any question as to the construction of any employment agreement. 1991 No 22 s 122
212: Court may make rules
1: The court may from time to time make rules (not inconsistent with this Act or with any regulations made under this Act) for the purpose of regulating the practice and procedure of the court and the proceedings of parties.
2: To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—
a: section 99
b: section 100
c: section 194 proceedings in the court under those sections are to be regulated by the rules applicable to proceedings founded on tort, injunctions, and judicial review in the High Court, as far as they are applicable and with all necessary modifications.
3: To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—
a: section 142B
b: section 142E
c: section 142J
d: section 142M proceedings in the court under those sections are to be regulated by the rules applicable to civil proceedings in the High Court, as far as they are applicable and with all necessary modifications.
4: Rules under subsection (1) are secondary legislation ( see Part 3 1991 No 22 s 130 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 212(3) inserted 1 April 2016 section 26 Employment Relations Amendment Act 2016 Section 212(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Review of proceedings
213: Review of proceedings before court
1: If, in relation to any proceedings before the court, any person wishes to apply for a review under the Judicial Review Procedure Act 2016
2: Despite anything in any other Act or rule of law, the application or proceedings referred to in subsection (1) must be made to or brought in the Court of Appeal.
3: The Court of Appeal or a Judge of that court may at any time and after hearing such persons, if any, as it or the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as it or the Judge considers expedient having regard to the exigencies of the case and the interests of justice and the object of this Act.
4: The decision of the Court of Appeal on any such matter is final and conclusive, and there is no right of review of or appeal against the court's decision. 1991 No 22 s 131 Section 213(1) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Appeals
214: Appeals
1: A party to a proceeding under this Act who is dissatisfied with a decision of the court (other than a decision on the construction of an individual employment agreement or a collective employment agreement) as being wrong in law may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision; and section 56
2: A party desiring to appeal to the Court of Appeal under this section against a decision of the Employment Court must, within 28 days after the date of the issue of the decision or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of court, for leave to appeal to that court.
3: The Court of Appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in that 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 decision.
4: The Court of Appeal, in granting leave under this section, may, in its discretion, impose such conditions as it thinks fit, whether as to costs or otherwise.
5: In its determination of an appeal, the Court of Appeal may confirm, modify, or reverse the decision appealed against or any part of that decision.
6: Neither an application for leave to appeal nor an appeal operates as a stay of proceedings on the decision to which the application or the appeal relates unless the court or the Court of Appeal so orders.
7: 1991 No 22 s 135 Section 214 heading amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 214(1) substituted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 214(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 214(7) repealed 1 January 2004 section 48(1) Supreme Court Act 2003
214AA: Appeals against decisions under Part 9A
1: A party to a proceeding for a declaration of breach, pecuniary penalty order, compensation order, or banning order under Part 9A
2: An appeal under subsection (1) does not require the leave of the Court of Appeal.
3: Section 56
4: In determining an appeal, the Court of Appeal may confirm, modify, or reverse the decision, or any part of the decision, appealed against.
5: An appeal under subsection (1) does not operate as a stay of proceedings to which the appeal relates unless the Court of Appeal orders otherwise. Section 214AA inserted 1 April 2016 section 27 Employment Relations Amendment Act 2016 Section 214AA(3) amended 1 March 2017 section 27 Employment Relations Amendment Act 2016
214A: Appeals to Supreme Court on question of law in exceptional circumstances
1: A party to a proceeding under this Act who is dissatisfied with a decision of the court (other than a decision on the construction of an individual employment agreement or a collective employment agreement) as being wrong in law may, with the leave of the Supreme Court, appeal to the Supreme Court against the decision.
2: In its determination of the appeal, the Supreme Court may confirm, modify, or reverse the decision appealed against or any part of that decision.
3: Neither an application for leave to appeal nor an appeal operates as a stay of proceedings on the decision to which the application or the appeal relates unless the court or the Supreme Court so orders.
4: This section is subject to section 75 Section 214A inserted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 214A(4) amended 1 March 2017 section 183(b) Senior Courts Act 2016
215: Court of Appeal may refer appeals back for reconsideration
1: Despite anything in section 214
2: In giving a direction under this section, the Court of Appeal must—
a: advise the court of its reasons for so doing; and
b: give the court such directions as it thinks just as to the rehearing or reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
3: In reconsidering the matter, the court must have regard to—
a: the Court of Appeal's reasons for giving a direction under subsection (1); and
b: the Court of Appeal's directions under subsection (2)(b). 1991 No 22 s 136 Special provision in respect of appeals
216: Obligation to have regard to special jurisdiction of court
In determining an appeal under section 214 section 218
a: the special jurisdiction and powers of the court; and
b: the object of this Act and the objects of the relevant Parts of this Act; and
c: in particular, the provisions of sections 189 190 193 219 221 1991 No 22 s 137 Other appeals
217: Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court
1: Any person who has been convicted of an offence against this Act, and any person against whom an order (other than an order to the effect only that a person be taken into custody until the rising of the court) has been made under section 140(6) section 196 a charge
2: Subsection (1) does not apply to an offence under section 142R Criminal Procedure Act 2011 1991 No 22 s 133 Section 217(1) amended 1 April 2016 section 28(1) Employment Relations Amendment Act 2016 Section 217(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 217(2) inserted 1 April 2016 section 28(2) Employment Relations Amendment Act 2016
218: Appeal to Court of Appeal in respect of order on application for review
Any party to an application for review or other proceeding under section 194 section 56 1991 No 22 s 134 Section 218 amended 1 March 2017 section 183(b) Senior Courts Act 2016 Miscellaneous provisions
219: Validation of informal proceedings, etc
1: If anything which is required or authorised to be done by this Act is not done within the time allowed, or is done informally, the court, or the Authority, as the case may be, may in its discretion, on the application of any person interested, make an order extending the time within which the thing may be done, or validating the thing so informally done.
2: Nothing in this section authorises the court to make any such order in respect of judicial proceedings then already instituted in any court other than the court. 1991 No 22 s 138
220: Documents under seal and certain signatures to be judicially noticed
1: Every document bearing the seal of the Authority or the court is to be received in evidence without further proof, and the signature of a member of the Authority, or of a Judge, or of the Registrar of the court, or of an officer of the Authority is to be judicially noticed in or before any court or before any person or officer acting judicially or under any power or authority conferred by this Act, if the signature is attached to some order, certificate, or other official document made or purporting to be made under this Act or under any Act or provision of an Act repealed by this Act.
2: No proof is required of the handwriting or official position of any person acting under this section. 1991 No 22 s 139
221: Joinder, waiver, and extension of time
In order to enable the court or the Authority, as the case may be, to more effectually dispose of any matter before it according to the substantial merits and equities of the case, it may, at any stage of the proceedings, of its own motion or on the application of any of the parties, and upon such terms as it thinks fit, by order,—
a: direct parties to be joined or struck out; and
b: amend or waive any error or defect in the proceedings; and
c: subject to section 114(4)
d: generally give such directions as are necessary or expedient in the circumstances. 1991 No 22 s 140
222: Application of Official Information Act 1982
Nothing in the Official Information Act 1982 1991 No 22 s 102(b)
222A: Information regarding reserved judgments
The Chief Judge must, in consultation with the Chief Justice,—
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers is outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful. Section 222A inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
222B: Recusal guidelines
The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding. Section 222B inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
222C: Judge may make order restricting commencement or continuation of proceeding
1: A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Employment Court.
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in the Employment Court.
4: An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in the Employment Court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings. Section 222C inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
222D: Grounds for making section 222C order
1: A Judge may make a limited order under section 222C
2: A Judge may make an extended order under section 222C
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purpose of this section and sections 222E 222F Section 222D inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
222E: Terms of section 222C order
1: An order made under section 222C
2: An order made under section 222C Section 222E inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
222F: Procedure and appeals relating to section 222C orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make an order under section 222C section 222C order
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 222C
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application for leave is final.
6: The party against whom a section 222C
7: The appellant in an appeal under subsection (6) or the applicant for the section 222C
8: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be. Section 222F inserted 1 March 2017 section 12 Employment Relations Amendment Act (No 2) 2016
11: General provisions
Chief executive Heading inserted 1 April 2016 section 29 Employment Relations Amendment Act 2016
223AAA: Functions of chief executive
The functions of the chief executive under this Act are—
a: to promote the objects of this Act by, among other things,—
i: providing information and advice about employment relationships, including the rights and obligations of employees, employers, and other interested parties; and
ii: promoting the effective resolution of employment relationship problems by providing problem and dispute resolution services; and
iii: publishing information, reports, and guidelines about employment relationships; and
iv: publishing comments about employment relationship matters in relation to particular persons; and
b: to maintain a strategy for promoting compliance with, and enforcement of, the Acts specified in section 223(1)
c: to perform any other functions and duties conferred on the chief executive by or under the Acts specified in section 223(1) Section 223AAA inserted 1 April 2016 section 29 Employment Relations Amendment Act 2016 Labour Inspectors
223: Labour Inspectors
1: The chief executive may designate as Labour Inspectors such employees of the department as the chief executive from time to time considers necessary for the purposes of—
a: this Act; and
ab: the Support Workers (Pay Equity) Settlements Act 2017
b: the Equal Pay Act 1972
ba:
c: the Holidays Act 2003
ca: the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
d: the Minimum Wage Act 1983
da: the Parental Leave and Employment Protection Act 1987
e: the Volunteers Employment Protection Act 1973
f: the Wages Protection Act 1983
2: Every Labour Inspector is to have a warrant of designation signed by the chief executive and must produce it for inspection if requested to do so in the course of the Labour Inspector's duties. 1991 No 22 s 143 Section 223(1)(ab) inserted 1 July 2017 section 20(4) Care and Support Workers (Pay Equity) Settlement Act 2017 Section 223(1)(ab) amended 7 August 2020 section 23(2)(c) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 223(1)(ba) repealed 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 223(1)(c) substituted 1 April 2004 section 91(2) Holidays Act 2003 Section 223(1)(ca) inserted 25 February 2016 section 31(4) Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 Section 223(1)(da) inserted 1 July 2002 section 6 Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002
223A: Functions of Labour Inspector
The functions of a Labour Inspector include—
a: determining whether the provisions of the relevant Acts have been complied with; and
b: taking all reasonable steps to ensure that the relevant Acts are complied with; and
c: monitoring and enforcing compliance with employment standards; and
d: performing any other functions conferred by or under the relevant Acts.
e: Section 223A inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010 Section 223A(c) replaced 1 April 2016 section 30 Employment Relations Amendment Act 2016 Section 223A(d) replaced 1 April 2016 section 30 Employment Relations Amendment Act 2016 Section 223A(e) repealed 1 April 2016 section 30 Employment Relations Amendment Act 2016 Enforceable undertakings Heading inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223B: Enforceable undertakings
1: A Labour Inspector and an employer may agree in writing that the employer will undertake by a specified date (an enforceable undertaking
a: rectify the breach of any provision of the relevant Acts; or
b: pay money owed to an employee under a provision of the relevant Acts; or
c: take any other action that the Labour Inspector determines is appropriate having regard to the nature of the breach of the provision of the relevant Act.
2: The employer may withdraw or vary an enforceable undertaking agreed under subsection (1) at any time, but only with the consent of the Labour Inspector. Section 223B inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223C: Enforcement of undertakings
1: An enforceable undertaking may be enforced by the Authority making a compliance order under section 137
2: An employer who fails to comply with an enforceable undertaking that remains in force is liable, in an action brought by a Labour Inspector, to a penalty imposed by the Authority.
3: If the enforceable undertaking relates to a monetary settlement, the enforceable undertaking may be enforced by using, as if the undertaking were an order enforceable under section 141 Section 223C inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010 Improvement notices Heading inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223D: Labour Inspector may issue improvement notice
1: A Labour Inspector who believes on reasonable grounds that any employer is failing, or has failed, to comply with any provision of the relevant Acts may issue the employer with an improvement notice that requires the employer to comply with the provision.
2: An improvement notice issued under subsection (1) must state—
a: the provision that the Labour Inspector reasonably believes that the employer is failing, or has failed, to comply with; and
b: the Labour Inspector's reasons for believing that the employer is failing, or has failed, to comply with the provision; and
c: the nature and extent of the employer's failure to comply with the provision; and
d: the steps that the employer could take to comply with the provision; and
e: the date before which the employer must comply with the provision.
3: An improvement notice may state the nature and extent of any loss suffered by any employee as a result of the employer's failure to comply with the provision (if applicable).
4: An improvement notice may be issued—
a: by giving it to the employer concerned; or
b: if the employer does not accept the improvement notice, by leaving it in the employer’s presence and drawing the employer’s attention to it.
5: An improvement notice may not be issued in the period commencing on 17 December and ending with the close of 8 January in the following year.
6: An improvement notice may be enforced by the making by the Authority of a compliance order under section 137 Section 223D inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223E: Objection to improvement notice
1: An employer may, within 28 days after the improvement notice is issued to the employer, lodge with the Authority an objection to the notice.
2: The function of the Authority in respect of an objection is to determine—
a: whether the employer is failing, or has failed, to comply with the specified provision of the relevant Acts; and
b: the nature and extent of the employer's failure to comply with the provision; and
c: the nature and extent of any loss suffered by any employee as a result of the employer's failure to comply with the provision (if applicable).
3: The Authority may confirm, vary, or rescind the improvement notice as the Authority thinks fit. Section 223E inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223F: Penalty
1: An employer who fails to comply with an improvement notice issued under section 223D
2: If subsection (1) applies, a Labour Inspector may not also bring an action seeking a penalty in respect of the same matter under any of the relevant Acts. Section 223F inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010
223G: Withdrawal of improvement notice
An improvement notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of an improvement notice does not prevent another improvement notice being served in relation to the same matter. Section 223G inserted 1 April 2011 section 37 Employment Relations Amendment Act 2010 Demand notices
224: Demand notice
1: A Labour Inspector (or a person authorised by a Labour Inspector to do so) may serve on an employer a demand notice, in the prescribed form, if—
a: an employee makes a complaint to the Labour Inspector, or the Labour Inspector believes on reasonable grounds, that an employee has not received wages or holiday pay or other money payable by the employer to the employee under the Minimum Wage Act 1983 Holidays Act 2003
b: the Labour Inspector has given the employer not less than 7 days to comment on the complaint or the grounds for the Labour Inspector's belief; and
c: the Labour Inspector, after considering any comments made by the employer under paragraph (b), is satisfied that the employee is entitled to the wages or holiday pay or other money; and
d: the Labour Inspector is satisfied that the employer is not willing to pay the wages or holiday pay or other money to the employee in a reasonable manner or within a reasonable time.
2: A demand notice must be served—
a: by giving it to the employer concerned; or
b: if the employer does not accept the demand notice, by leaving it in the employer's presence and drawing the employer's attention to it.
3: A demand notice may not be served in the period commencing on 17 December and ending with the close of 8 January in the following year.
4: A demand notice has no effect to the extent, if any, that it claims money (being wages or holiday pay or other money) that was payable more than 6 years earlier than the date on which the demand notice is served on the employer concerned. Section 224(1)(a) replaced 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023
225: Objections to demand notice
1: An employer may lodge with the Authority an objection to a demand notice.
2: An objection must be lodged by an employer with the Authority within 28 days after the demand notice is served on the employer.
3: A demand notice has the consequences specified in subsection (4)—
a: if no objection is lodged before the close of the period specified in subsection (2); or
b: if any objection lodged before the close of the period specified in subsection (2) is withdrawn (whether before or after the close of that period).
4: The consequences are that the demand notice—
a: imposes a legal requirement on the employer to comply with it; and
b: is prima facie evidence before the court or the Authority or (for the purposes of paragraph (d), before the District Court
c: may be enforced by the making by the Authority of a compliance order under section 137
d: is enforceable as a judgment debt under section 141 Section 225(4)(b) amended 1 March 2017 section 261 District Court Act 2016
226: Authority to determine objection
1: The function of the Authority in respect of an objection is to determine whether or not the whole or part of the wages or holiday pay or other money specified in the notice is due to the employee by the employer and, if so, the amount payable.
2: A determination by the Authority that any wages or holiday pay or other money is due is enforceable as a judgment debt under section 141
227: Withdrawal of demand notice
A demand notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of a demand notice does not prevent another demand notice being served in relation to the same matter. Actions to recover wages or holiday pay, etc
228: Actions by Labour Inspector
1: A Labour Inspector may commence an action on behalf of an employee to recover any wages or holiday pay or other money payable by an employer to that employee under the Minimum Wage Act 1983 Holidays Act 2003
2: If a Labour Inspector commences an action under subsection (1), the Labour Inspector must not issue an improvement notice under section 223D section 224
3: Sections 131 132 Section 228(1) replaced 20 December 2023 section 7(1) Fair Pay Agreements Act Repeal Act 2023 Section 228(2) substituted 1 April 2011 section 38 Employment Relations Amendment Act 2010 Powers
229: Powers of Labour Inspectors
1: For the purpose of performing his or her functions and duties under any Act specified in section 223(1) sections 230 to 233
a: the power to enter, at any reasonable hour, any premises where any person is employed or where the Labour Inspector has reasonable cause to believe that any person is employed, accompanied, if the Labour Inspector thinks fit, by any other employee of the department qualified to assist or by a constable
b: the power to interview any person at any premises of the kind described in paragraph (a) and the power to interview any employer or any employee:
c: the power to require the production of, and to inspect and take copies from,—
i: any wages and time record or any holiday and leave record
ii: any other document held which records the remuneration of any employees:
iii: any other document that the Labour Inspector reasonably believes may assist in determining whether the requirements of the Acts referred to in section 223(1)
d: the power to require any employer to supply to the Labour Inspector a copy of the wages and time record or holiday and leave record
e: the power to inspect, and take copies of, any record kept under section 98
f: the power to question any employer about compliance with any of the Acts referred to in section 223(1)
2: An employer must comply with a requirement under subsection (1)(c) while the Labour Inspector is with the employer, or, if that is not practicable, within 10 working days.
2A: An employer must comply with a requirement under subsection (1)(d) immediately after receiving it, or, if that is not practicable, within 10 working days of the date on which the requirement is received.
3: Every employer who, without reasonable cause, fails to comply with any requirement made of that employer under subsection (1)(c) or (d) within the period required by subsection (2) or (2A) , in an action brought by a Labour Inspector,
4: Where a Labour Inspector alleges that any person has not observed or not complied with any provision of section 130(1) section 223(1) section 137
5: No person is, during an interview or in answer to a question
5A: A person is not excused from answering a Labour Inspector’s questions under subsection (1) on the grounds that doing so might expose the person to a pecuniary penalty under Part 9A
6: Despite subsection (1), the power of a Labour Inspector to enter any defence area within the meaning of the Defence Act 1990 section 93
7: A Labour Inspector may recover a penalty under this Act in the Authority for a breach of any provision that provides for the imposition of a penalty and is a provision of any of the Acts referred to in section 223(1) 1991 No 22 s 144 Section 229(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 229(1)(c)(i) amended 1 April 2004 section 91(2) Holidays Act 2003 Section 229(1)(c)(iii) inserted 1 April 2016 section 32(1) Employment Relations Amendment Act 2016 Section 229(1)(d) amended 1 April 2004 section 91(2) Holidays Act 2003 Section 229(2) replaced 6 January 2024 section 17(1) Worker Protection (Migrant and Other Employees) Act 2023 Section 229(2A) inserted 6 January 2024 section 17(1) Worker Protection (Migrant and Other Employees) Act 2023 Section 229(3) amended 6 January 2024 section 17(2) Worker Protection (Migrant and Other Employees) Act 2023 Section 229(3) amended 1 December 2004 section 66 Employment Relations Amendment Act (No 2) 2004 Section 229(5) amended 6 January 2024 section 17(3) Worker Protection (Migrant and Other Employees) Act 2023 Section 229(5A) inserted 1 April 2016 section 32(2) Employment Relations Amendment Act 2016
229A: Investigating question of employment
1: For the purpose of performing the Labour Inspector’s functions and duties under any Act specified in section 223(1) sections 229(5), (5A), and (6) 230 to 233
a: any place is a workplace; or
b: any person performing work is an employee (as distinct, for example, from an independent contractor or a volunteer); or
c: any person for whom work is being performed is an employer.
2: In relation to the exercise of those powers in such an investigation, section 229
a: the power of entry under section 229(1)(a)
b: the power to interview under section 229(1)(b)
c: employee section 229(1)(a)
d: employer
e: the powers under section 229(1)(c) and (d)
3: Every person for whom work is performed and who, without reasonable cause, fails to comply with any requirement made of that person under section 229(1)(c) or (d) Section 229A inserted 13 January 2020 section 5 Regulatory Systems (Workforce) Amendment Act 2019
230: Entry of dwellinghouses
No Labour Inspector may, under section 229 229A
a: has the consent of an occupier of that dwellinghouse; or
b: is authorised to do so by a warrant issued under section 231 1992 No 96 s 31(2) Section 230 amended 13 January 2020 section 6 Regulatory Systems (Workforce) Amendment Act 2019
231: Entry warrant
A Judge who, on application made on oath, is satisfied that there is reasonable ground for believing that a dwellinghouse—
a: is a place in which any person is employed or is the only practicable means through which such a place may be entered; or
b: in any case to which section 229A may issue a warrant authorising a Labour Inspector named in it to enter that dwellinghouse or any part of that dwellinghouse that is, or is the only practicable means through which the Inspector may enter, a place where any person is employed. 1992 No 96 s 31(3) Section 231(a) replaced 13 January 2020 section 7 Regulatory Systems (Workforce) Amendment Act 2019 Section 231(b) replaced 13 January 2020 section 7 Regulatory Systems (Workforce) Amendment Act 2019
232: Compilation of wages and time record
1: Where an employer fails to produce, in response to a requirement under section 229(1)(c)(i)
a: to compile a wages and time record; and
b: to deliver a written copy of the record compiled under paragraph (a) to the Labour Inspector.
2: The notice must specify—
a: the employee in respect of which, and the period in relation to which, the wages and time record must be compiled; and
b: the date by which the wages and time record must be both compiled and delivered to the Labour Inspector (which date must be at least 30 days after the date of the notice).
3: If an employer fails to comply with a notice under subsection (1), written evidence of the contents of the employer's wages and time record, in relation to the period specified in the notice, may not, in any proceedings under this Act, be produced by the employer without the consent of the other party or parties or the leave of the Authority.
4: Every employer who, without reasonable cause, fails to comply with a notice given to that employer under subsection (1) is liable , in an action brought by a Labour Inspector,
5: In this section, a wages and time record, if applicable, includes a holiday and leave record kept under section 81 Section 232(4) amended 1 December 2004 section 67 Employment Relations Amendment Act (No 2) 2004 Section 232(5) added 1 April 2004 section 91(2) Holidays Act 2003
233: Obligations of Labour Inspectors
1: In entering any premises under the authority of section 229(1)(a) 229A section 231
2: Every Labour Inspector who enters any premises under the authority of section 229(1)(a) 229A section 231 section 223(2)
3: Where a Labour Inspector enters any premises under the authority of section 229(1)(a) 229A section 231
4: That written notice must state—
a: the identity of the person who entered the premises; and
b: the fact that the person is a Labour Inspector; and
c: the date and time of the entry; and
d: the reasons for the entry.
5: 1991 No 22 s 145 Section 233(1) amended 13 January 2020 section 8 Regulatory Systems (Workforce) Amendment Act 2019 Section 233(2) amended 13 January 2020 section 8 Regulatory Systems (Workforce) Amendment Act 2019 Section 233(3) amended 13 January 2020 section 8 Regulatory Systems (Workforce) Amendment Act 2019 Section 233(5) repealed 1 April 2016 section 33 Employment Relations Amendment Act 2016
233A: Obligation of Labour Inspector and department not to disclose information
1: Neither a Labour Inspector who inspects, or is supplied with a copy of, a document under section 229 229A section 223(1) or the Immigration Act 2009
2: This section applies subject to section 233B Section 233A inserted 1 April 2016 section 34 Employment Relations Amendment Act 2016 Section 233A(1) amended 6 January 2024 section 18 Worker Protection (Migrant and Other Employees) Act 2023 Section 233A(1) amended 13 January 2020 section 9 Regulatory Systems (Workforce) Amendment Act 2019
233B: Information sharing
1: A Labour Inspector and the department may provide to a regulatory agency any information, or a copy of any document, that the Labour Inspector or department—
a: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to the Acts specified in section 223(1)
b: considers may assist the regulatory agency in the performance or exercise of the regulatory agency’s functions, duties, or powers under or in relation to any enactment.
2: A regulatory agency may provide a Labour Inspector or the department with any information, or a copy of any document, that the regulatory agency—
a: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
b: considers may assist the Labour Inspector or department in the performance or exercise of its functions, duties, or powers under or in relation to any of the Acts specified in section 223(1)
3: A Labour Inspector, the department, or a regulatory agency who provides information or a copy of a document under this section may impose conditions relating to the provision of the information, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of any documents provided.
4: This section applies subject to any other enactment, including the Privacy Act 2020
5: This section overrides provisions in contracts, deeds, and other documents that are inconsistent with this section.
6: In this section, regulatory agency
a: an immigration officer under the Immigration Act 2009
b: the Inland Revenue Department:
c: the Ministry of Social Development:
d: the Ministry for Primary Industries:
e: the New Zealand Police:
f: the Registrar of Companies:
g: WorkSafe New Zealand and any agency designated under section 28B
h: any other department of State, person, or organisation defined in regulations as a regulatory agency for the purposes of this section. Section 233B inserted 1 April 2016 section 34 Employment Relations Amendment Act 2016 Section 233B(4) amended 1 December 2020 section 217 Privacy Act 2020
234: Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay
Section 234 repealed 1 April 2016 section 35 Employment Relations Amendment Act 2016
235: Obstruction
1: A person commits an offence who, without reasonable cause,—
a: obstructs, delays, hinders, or deceives; or
b: causes to be obstructed, delayed, hindered, or deceived,— any Labour Inspector while the Labour Inspector is lawfully exercising or performing any power, function, or duty.
2: A person who commits an offence against subsection (1) is liable on conviction by the court to a fine not exceeding $10,000. Infringement offences Heading inserted 1 April 2016 section 36 Employment Relations Amendment Act 2016
235A: Interpretation
In sections 235B to 235F infringement fee section 235E infringement offence
a: a failure by an employer to comply with the requirements of section 64(1) or (2) 65(1)(a) 130(1) section 81(2)
b: breaches of this Act that are prescribed by regulations as infringement offences:
c: a failure by an employer to comply with a requirement made under section 229(1)(d) Section 235A inserted 1 April 2016 section 36 Employment Relations Amendment Act 2016 Section 235A amended 6 January 2024 section 19(1) Worker Protection (Migrant and Other Employees) Act 2023 Section 235A infringement fee inserted 6 January 2024 section 19(2) Worker Protection (Migrant and Other Employees) Act 2023 Section 235A infringement offence inserted 6 January 2024 section 19(2) Worker Protection (Migrant and Other Employees) Act 2023 Section 235A infringement offence replaced 30 March 2025 section 11 Regulatory Systems (Immigration and Workforce) Amendment Act 2025 Section 235A infringement offence inserted 6 January 2024 section 19(3) Worker Protection (Migrant and Other Employees) Act 2023
235B: Infringement offences
1: If a person is alleged to have committed an infringement offence, the person may—
a: be proceeded against by filing a charging document under section 14
b: be issued with an infringement notice under section 235C
2: Proceedings commenced in the way described in subsection (1)(a) do not require section 21(1)(a)
3: See section 21 Section 235B inserted 1 April 2016 section 36 Employment Relations Amendment Act 2016 Section 235B(1)(b) replaced 6 January 2024 section 20(1) Worker Protection (Migrant and Other Employees) Act 2023 Section 235B(2) amended 6 January 2024 section 20(2) Worker Protection (Migrant and Other Employees) Act 2023 Section 235B(3) inserted 6 January 2024 section 20(3) Worker Protection (Migrant and Other Employees) Act 2023
235C: When infringement notice may be issued
A Labour Inspector may issue an infringement notice to a person if the Labour Inspector believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 235C replaced 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235D: Revocation of infringement notice before payment made
1: A Labour Inspector may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Labour Inspector must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter. Section 235D replaced 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235DA: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 237
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the department:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations. Section 235DA inserted 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235DB: How infringement notice may be served
1: An infringement notice may be served on a person who the Labour Inspector believes is committing or has committed an infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the department. Section 235DB inserted 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235DC: Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 237 Section 235DC inserted 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235E: Infringement fees
1: The infringement fee,—
a: for an infringement offence specified in paragraph (a) or (c) of the definition of that term in section 235A
b: for an infringement offence prescribed by regulations under paragraph (b) of the definition of that term in section 235A
2: However, the maximum aggregate infringement fees that an employer is liable to pay in a 3-month period for infringement offences specified in paragraph (a) or (b) of the definition of infringement offence in section 235A Section 235E replaced 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235EA: Infringement fine
The maximum fine that can be imposed by the court in relation to an infringement offence is double the amount of the infringement fee. Section 235EA inserted 6 January 2024 section 21 Worker Protection (Migrant and Other Employees) Act 2023
235F: Payment of infringement fee
All infringement fees received must be paid into a Crown Bank Account. Section 235F inserted 1 April 2016 section 36 Employment Relations Amendment Act 2016
235G: Infringement fee and penalty not payable for the same conduct
A person is not liable to pay an infringement fee and penalty under this Act for the same conduct. Section 235G inserted 1 April 2016 section 36 Employment Relations Amendment Act 2016 Representation
236: Representation
1: Where any Act to which this section applies confers on any employee the right to do anything or take any action—
a: in respect of an employer; or
b: in the Authority or the court,— that employee may choose any other person to represent the employee for the purpose.
2: Where any Act to which this section applies confers on an employer the right to do anything or take any action—
a: in respect of an employee; or
b: in the Authority or the court,— that employer may choose any other person to represent that employer for the purpose.
3: Any person purporting to represent any employee or employer must establish that person's authority for that representation.
4: The Acts to which this section applies are—
a: this Act:
b: the Accident Compensation Act 2001
ba: the Support Workers (Pay Equity) Settlements Act 2017
c: the Equal Pay Act 1972
d: the Holidays Act 2003
da: the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
e: the Human Rights Act 1993
f: the Minimum Wage Act 1983
g: the Parental Leave and Employment Protection Act 1987
h: the Policing Act 2008
i: the Public Service Act 2020
j: the Wages Protection Act 1983 Section 236(4)(b) substituted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 236(4)(b) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 236(4)(ba) inserted 1 July 2017 section 20(5) Care and Support Workers (Pay Equity) Settlement Act 2017 Section 236(4)(ba) amended 7 August 2020 section 23(2)(d) Support Workers (Pay Equity) Settlements Amendment Act 2020 Section 236(4)(d) substituted 1 April 2004 section 91(2) Holidays Act 2003 Section 236(4)(da) inserted 25 February 2016 section 31(5) Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 Section 236(4)(h) amended 1 October 2008 section 130(4) Policing Act 2008 Section 236(4)(i) replaced 7 August 2020 section 135 Public Service Act 2020 Miscellaneous provisions
237: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the forms for the purposes of this Act:
b: prescribing the duties of officers of the Authority, of the Registrar of the court, and of any other officers or persons acting in execution of this Act:
c: prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act as to the conduct of proceedings before the Authority or the court:
d: prescribing the procedure in relation to the conduct of matters before the Authority or the court:
e: prescribing procedures in relation to the issue of summonses to witnesses and to the hearing of evidence on oath:
f: prescribing charges or fees in relation to—
i: services provided by the chief executive under this Act; or
ii: the functions of the Authority or the court:
faa: in relation to a service performed by a Registrar of the court under this Act and specified in regulations made under paragraph (fab), authorising a Registrar of the court to charge a reasonable fee calculated on the actual expense incurred in performing the service:
fab: specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar of the court under this Act for which that person may charge a fee:
fac: making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
fad: providing for the manner in which an application for the exercise of a power specified in section 237B(1) 237C(1)
fae: providing for the refund of fees paid for a review of a decision of a Registrar of the court, if the decision is overturned in its entirety by a Judge:
fa: prescribing regulatory agencies for the purposes of section 233B(6)
fb: prescribing infringement offences for the purposes of section 235A(b)
fc: prescribing infringement fees (not exceeding $1,000) for the purposes of section 235E(1)(b)
g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 1991 No 22 s 146 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 237(1)(faa) inserted 1 March 2017 section 13 Employment Relations Amendment Act (No 2) 2016 Section 237(1)(fab) inserted 1 March 2017 section 13 Employment Relations Amendment Act (No 2) 2016 Section 237(1)(fac) inserted 1 March 2017 section 13 Employment Relations Amendment Act (No 2) 2016 Section 237(1)(fad) inserted 1 March 2017 section 13 Employment Relations Amendment Act (No 2) 2016 Section 237(1)(fae) inserted 1 March 2017 section 13 Employment Relations Amendment Act (No 2) 2016 Section 237(1)(fa) inserted 1 April 2016 section 37 Employment Relations Amendment Act 2016 Section 237(1)(fb) inserted 1 April 2016 section 37 Employment Relations Amendment Act 2016 Section 237(1)(fc) inserted 1 April 2016 section 37 Employment Relations Amendment Act 2016 Section 237(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
237AA: Chief executive may approve forms
1: The chief executive may approve and issue any forms that the chief executive considers necessary for the purposes of this Act, not being forms prescribed by regulations made under this Act.
2: Every document purporting to be in a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive certifies otherwise. Section 237AA inserted 6 March 2015 section 73 Employment Relations Amendment Act 2014
237A: Amendments to Schedule 1A
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1A
2: The Minister may recommend the making of an Order in Council to amend Schedule 1A
a: are employed in a sector in which restructuring of an employer’s business occurs frequently; and
b: have terms and conditions of employment that tend to be undermined by the restructuring of an employer’s business; and
c: have little bargaining power.
3: The Minister may recommend the making of an Order in Council to amend Schedule 1A
4: The Minister may recommend the making of an Order in Council to amend Schedule 1A
5: Before recommending the making of an Order in Council to amend Schedule 1A
a: receive a request to add, amend, or delete a category of employees from a person or an organisation that—
i: clearly identifies the category of employees to which the request relates; and
ii: specifies the sector in which the category of employees provides service; and
iii: includes evidence that the relevant employees satisfy or no longer satisfy (as applicable) the criteria in subsection (2); and
b: receive a report from the department on whether the employees in the category of employees satisfy the criteria in subsection (2); and
c: provide the report to, and consult, any employers, employees, representatives of employers or employees, or other persons or organisations as the Minister considers appropriate.
6: Nothing in subsection (5)(c) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982
6A: An order under this section is secondary legislation ( see Part 3
7: In this section, restructuring section 69B 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 237A inserted 12 December 2018 section 48 Employment Relations Amendment Act 2018 Section 237A(6A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
237A: Amendments to Schedule 1A
Section 237A repealed 6 March 2015 section 74 Employment Relations Amendment Act 2014
237B: Regulations providing for waiver, etc, of fees
1: In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar of the court to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund in whole or in part a fee that has already been paid.
2: Regulations made under subsection (1) must provide that a Registrar of the court may exercise a power under the regulations only if he or she is satisfied on the basis of prescribed criteria that—
a: the person responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
b: unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued.
3: For the purposes of subsection (2), regulations may prescribe criteria—
a: for assessing a person's ability to pay a fee; and
b: for identifying proceedings that concern matters of genuine public interest.
4: No fee is payable for an application for the exercise of a power specified in subsection (1).
5: Regulations under this section are secondary legislation ( see Part 3 1947 No 16 s 123(1)(ba), (bb), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 237B inserted 1 March 2017 section 14 Employment Relations Amendment Act (No 2) 2016 Section 237B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
237C: Postponement of fees
1: The Governor-General may, by Order in Council, make regulations authorising a Registrar of the court to postpone the payment of a fee pending the determination of—
a: an application for the exercise of a power specified in section 237B(1)
b: an application for review under section 237D
2: No fee is payable for an application for the exercise of a power specified in subsection (1).
3: Regulations under this section are secondary legislation ( see Part 3 1947 No 16 s 123(1)(bc), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 237C inserted 1 March 2017 section 14 Employment Relations Amendment Act (No 2) 2016 Section 237C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
237D: Reviews of decisions of Registrars concerning fees
1: A person who disagrees with a decision of a Registrar of the court under regulations made under section 237B(1)
2: The application must be made within—
a: 20 working days after the date on which the applicant is notified of the decision; or
b: any further time that the Judge allows on application, which may be made either before or after the expiry of that period.
3: The application may be made informally.
4: A review is—
a: conducted by way of rehearing of the matter in respect of which the Registrar of the court made the decision; and
b: dealt with on the papers, unless the Judge directs otherwise.
5: The Judge may confirm, modify, or reverse the decision of the Registrar of the court.
6: No fee is payable on the application. 1947 No 16 s 123A Section 237D inserted 1 March 2017 section 14 Employment Relations Amendment Act (No 2) 2016
238: No contracting out
The provisions of this Act have effect despite any provision to the contrary in any contract or agreement. 1991 No 22 s 147
238A: Provisions relating to COVID-19 vaccinations
Section 238A repealed 26 November 2024 clause 18
239: New Schedule 3 substituted in Police Act 1958
Amendment(s) incorporated in the Act(s)
240: Consequential amendments
The enactments specified in Schedule 5
241: Repeals
The enactments specified in Schedule 6 Transitional provisions
242: Enforcement of existing individual employment contracts
1: Every individual employment contract within the meaning of the Employment Contracts Act 1991 that is in force immediately before the commencement of this Act continues in force according to its tenor and is enforceable in the Authority or the court.
2: Part 6
243: Enforcement of existing collective employment contracts
1: Every collective employment contract within the meaning of the Employment Contracts Act 1991 that is in force immediately before the commencement of this Act continues in force according to its tenor and is enforceable in the Authority or the court.
2: This section is subject to sections 244 to 246
244: Existing collective employment contracts and collective bargaining
Subject to section 246 section 243 sections 40(2) 41 Part 8
a: the date on which the collective employment contract is expressed to expire; or
b: 31 July 2003.
245: Existing procedures in relation to disputes and personal grievances
1: Subject to sections 247 248
a: in any individual employment contract that is continued in force by section 242
b: in any collective employment contract that is continued in force by section 243 are, as from the commencement of this Act, of no effect.
2: Subject to sections 247 248
a: the parties to every individual employment contract that is continued in force by section 242
b: the parties to every collective employment contract that is continued in force by section 243 are, as from the commencement of this Act, subject to the problem resolution regime provided for in this Act.
246: Expiration of existing collective employment contracts
1: Where any employees who are covered by a collective employment contract that is continued in force by section 243
a: an employer of employees covered by that collective employment contract; or
b: a union whose members are bound by that collective employment contract— may conduct a secret ballot of such of the employees covered by that collective employment contract as are members of the union for the purpose of determining whether a majority of those employees is in favour of the date of the expiry of that collective employment contract being 1 July 2001 or some other specified date (being a date after 1 July 2001 but before the date on which that collective employment contract is expressed to expire).
2: Subject to subsection (3), where a majority of the valid votes recorded in any secret ballot conducted for the purposes of subsection (1) is in favour of the date of the expiry of the collective employment contract to which the ballot relates being 1 July 2001 or some other specified date, that date becomes, in relation to such of the employees of the employer as are immediately before that date members of the union in respect of which the ballot was conducted, the date of the expiry of that collective employment contract and that collective employment contract is deemed to have been amended accordingly.
3: Where the date of the expiry of a collective employment contract is changed under subsection (2), that collective employment contract—
a: does not expire in respect of any employee of the employer who is covered by the collective employment contract but who, immediately before the new date of the expiry of the collective employment contract, is not a member of the union in respect of whose members the ballot was conducted; but
b: continues in force according to its tenor in relation to any employee to whom paragraph (a) applies; but
c: if the union in respect of whose members the ballot was conducted was a party to the collective employment contract, that union ceases, on the new date of expiry, to be a party to the collective employment contract.
247: Existing proceedings
1: All applications, actions, appeals, proceedings, and other matters under any Act which, before the commencement of this section, have been made or referred under the Employment Contracts Act 1991 or any other Act amended or repealed by that Act or by this Act to the Court of Appeal or the Employment Court or the Employment Tribunal, and which have not been determined or completed at the commencement of this section are to be determined or completed by the Court of Appeal, Employment Court, or Employment Tribunal, as the case may require, as if this Act had not been passed.
2: Subsection (1) is subject to sections 249 to 252 1991 No 22 s 182(1)
248: Existing causes of action
1: Subject to the applicable period of limitation, the repeal by this Act of any existing Act or provision does not extinguish any existing cause of action.
2: Where any cause of action has arisen before the commencement of this section under any of the provisions repealed by this Act and at that date no proceedings have been initiated in respect of that cause of action under those provisions, those provisions continue to apply to any proceedings commenced in respect of any such cause of action as if this Act had not been passed.
3: Subsection (2) is subject to sections 249 to 252
4: Where any cause of action has arisen before the commencement of this section in relation to the dismissal of an employee, proceedings in the Employment Tribunal in respect of that cause of action,—
a: if commenced before the close of 30 June 2001, may be other than in accordance with section 113(1)
b: if commenced after 30 June 2001, must be in accordance with section 113(1) Part 9 1991 No 22 s 183(1), (2)
249: Employment Tribunal
Despite the repeals effected by this Act, the Employment Tribunal is to remain in office until the close of 31 January 2001 for the purpose of—
a: determining or completing any proceedings under section 247
b: determining or completing any proceedings in relation to a cause of action of the type referred to in section 248
c: exercising any other jurisdiction given to it by this Act,— and for those purposes the Employment Tribunal has all necessary powers, and may exercise, despite the repeals effected by this Act, the powers conferred on the Employment Tribunal by the repealed enactments, which apply accordingly with all necessary modifications. 1991 No 22 s 186(1)
250: Exercise of powers of Employment Tribunal after 31 January 2001
1: Despite the repeals effected by this Act, temporary members of the Employment Tribunal may be appointed from time to time under section 87 of the Employment Contracts Act 1991 sections 84, 86, and 92
2: An appointment under subsection (1) may be made before or after the close of 31 January 2001.
3: Where any person appointed as a temporary member of the Employment Tribunal under subsection (1) is a person who, immediately before the commencement of this Act, held office as a member of the Employment Tribunal, the conditions of service of every such temporary member (except those as to his or her term of office) are to be the same as they would have been if both periods of service as a member of the Employment Tribunal had been continuous.
4: Any temporary member of the Employment Tribunal who is in office after the close of 31 January 2001 by virtue of an appointment under subsection (1) has jurisdiction, in the name of the Employment Tribunal,—
a: to determine or complete any proceedings under section 247
b: to determine or complete any proceedings in relation to a cause of action of the type referred to in section 248
c: to exercise any other jurisdiction conferred on any such temporary member by this Act.
5: For the purposes of subsection (4), any temporary member of the Employment Tribunal to whom subsection (4) applies has, and may exercise, despite the repeals effected by this Act, the powers conferred on the Employment Tribunal by the repealed enactments, which apply accordingly with all necessary modifications.
251: Exercise of powers of Authority before close of 31 January 2001
1: The Chief of the Employment Tribunal may, at any time before the close of 31 January 2001,—
a: exercise, in the name of the Authority, such of the jurisdiction and the powers of the Authority as the Chief of the Employment Tribunal thinks fit; or
b: appoint any member or temporary member of the Employment Tribunal to exercise, in the name of the Authority, in the period beginning on 2 October 2000 and ending with the close of 31 January 2001, such of the powers of the Authority as the Chief of the Employment Tribunal thinks fit; or
c: both exercise jurisdiction and powers under paragraph (a) and make appointments under paragraph (b).
2: The Chief of the Authority may appoint any member or temporary member of the Employment Tribunal to exercise, in the name of the Authority, in the period specified in subsection (1)(b), such of the jurisdiction and the powers of the Authority as the Chief of the Authority thinks fit.
3: Any appointment made under subsection (1)(b) or subsection (2), unless sooner revoked by the Chief of the Employment Tribunal or the Chief of the Employment Authority, expires with the close of 31 January 2001.
252: Exercise by Authority of powers of Tribunal after 31 January 2001
Despite the repeals effected by this Act, the Chief of the Authority may from time to time appoint any member of the Authority—
a: to determine and complete, in the name of the Employment Tribunal, any proceedings under section 247 section 250
b: to exercise any other jurisdiction conferred on the Employment Tribunal or any temporary member of the Employment Tribunal by this Act.
253: Existing appointments
1: The person who immediately before 2 October 2000 holds office as the Chief Judge of the Employment Court constituted by the Employment Contracts Act 1991 is, without further appointment, deemed as from the commencement of that day to have been duly appointed as the Chief Judge of the Employment Court under this Act.
2: The persons who immediately before 2 October 2000 hold office as Judges (other than acting Judges Section 253(2) amended 1 March 2017 section 15 Employment Relations Amendment Act (No 2) 2016
254: Application, savings, and transitional provisions relating to amendments to Act
The application, savings, and transitional provisions set out in Schedule 1AA Section 254 inserted 6 March 2015 section 76 Employment Relations Amendment Act 2014
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DLM63041
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2000
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Alcohol Advisory Council Amendment Act 2000
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1: Title
1: This Act is The Alcohol Advisory Council Amendment Act 2000.
2: In this Act, the Act previously known as The Alcoholic Liquor Advisory Council Act 1976 the principal Act
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: Title repealed
The Title of the principal Act is repealed.
4: Name of principal Act changed
1: The principal Act may from now on be called The Alcohol Advisory Council Act 1976
2: Section 1(1) Alcoholic Liquor Advisory Council Alcohol Advisory Council
5: New section 1A inserted
The principal Act is amended by inserting, after section 1
1A: Purpose
The purpose of this Act is to—
a: provide for the establishment of an Alcohol Advisory Council of New Zealand having as its primary objective the encouragement and promotion of moderation in the use of liquor, the discouragement and reduction of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor; and
b: define the Council's functions and powers; and
c: make provision for the funding of the Council's activities by means of a levy on liquor imported into, or manufactured in, New Zealand.
6: Interpretation
1: Section 2(1) Chairman Council Chairperson section 3A(3) Council section 3
2: Section 2(1) levy Liquor Fund Fund section 20
3: Section 2(1)
a: by repealing the definition of the term Alcoholic Liquor Account
b: by repealing the definition of the term Alcoholic Liquor Fund Fund
c: by repealing the definition of the term appointed member
d: by omitting from the definition of the term fortified wine Customs
e: by repealing the definition of the term official member
f: by omitting from the definition of the term wine Customs
7: New
sections 3 3A The principal Act is amended by repealing section 3
3: Constitution of Alcohol Advisory Council
1: For the purposes of this Act there is a Council called the Alcohol Advisory Council of New Zealand.
2: The name of the Alcohol Advisory Council is, in the Maori language, Kaunihera Whakatupato Waipiro O Aotearoa.
3: The Council continues to be a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3A: Membership of Council
1: The Council consists of 8 members to be appointed by the Governor-General on the recommendation of the Minister.
2: The members of the Council must include—
a: at least 1 person who is Maori:
b: at least 1 person from the Pacific Island community:
c: at least 1 person with experience in public health:
d: at least 1 person with experience in the development and implementation of social policy:
e: at least 1 person with experience in the treatment of alcohol dependence.
3: One of the members of the Council must be appointed as Chairperson of the Council by the Governor-General on the recommendation of the Minister.
4: The powers of the Council are not affected by any vacancy in its membership.
8: Term of office of members of Council
Section 4
a: by omitting from subsections (1) (2) (3) appointed
b: by inserting in subsection (3) office and the Chairperson may be removed from the office of Chairperson
c: by omitting from subsection (4) appointed
d: by inserting in subsection (4) office, or the Chairperson is removed from the office of Chairperson,
9: New
section 5 The principal Act is amended by repealing section 5
5: Deputy Chairperson
1: At its first meeting in each financial year, the members of the Council must elect 1 of their number to be Deputy Chairperson.
2: Any person elected as Deputy Chairperson must hold office as such for the financial year in which he or she is elected or until he or she sooner vacates office as a member of the Council.
3: At the first meeting of the Council after a vacancy occurs in the office of Deputy Chairperson, the members of the Council must elect 1 of their number to be Deputy Chairperson.
4: Except in the circumstances described in this Act, the Deputy Chairperson has and may exercise or perform all the powers and duties of the Chairperson during his or her absence or incapacity or while there is a vacancy in the office of Chairperson.
5: No acts done by a Deputy Chairperson acting as the Chairperson may in any proceedings be questioned on the ground that the occasion for his or her so acting had ceased or had not arisen.
10: Deputies of members
1: Section 6
a: by omitting from subsection (1) appointed
b: by omitting from subsection (3) Chairman Chairperson
2: Section 6(2)
11: New
sections 7 8 The principal Act is amended by repealing sections 7 8
7: Primary objective of Council
The primary objective of the Council is the encouragement and promotion of moderation in the use of liquor, the reduction and discouragement of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor.
8: Functions of Council
1: In pursuing its primary objective, the Council has the following functions:
a: to encourage, promote, sponsor, and co-operate in research into—
i: the use of liquor in New Zealand:
ii: public attitudes in New Zealand towards the use of liquor:
iii: problems associated with or consequent on the misuse of liquor in New Zealand:
iv: means of minimising the harmful effects of liquor:
b: to encourage, promote, sponsor, and co-operate in the dissemination to the public, or to any class of persons, of information relating to any problem that is or may be associated with or consequent on the misuse of liquor:
c: to devise, promote, sponsor, and conduct, and to encourage and co-operate in the preparation and conduct of, educational programmes for the public or for any class of persons (including persons attending schools or other educational institutions, and persons who may for any reason be at special risk in respect of liquor-related problems) designed—
i: to discourage the misuse of liquor:
ii: to encourage moderation in the use of liquor:
iii: to promote and encourage responsible attitudes towards the use of liquor:
d: to sponsor innovative programmes for the treatment, care, and rehabilitation of persons adversely affected by the use of liquor, whether by themselves or others:
e: with respect to any of the matters referred to in paragraphs (a) to (d)
f: to make recommendations to such person or persons as the Council thinks fit about the advertising of liquor, whether generally or through any particular medium, and the need to regulate or in any way restrict such advertising:
g: to consider such matters relating to the sale and consumption of liquor as may be referred to the Council from time to time by the Minister of the Crown who is for the time being responsible for the administration of The Sale of Liquor Act 1989
h: to consider and report to the Minister on such matters relating to the use or misuse of liquor as are referred to the Council from time to time by the Minister:
i: to carry out such other activities as, in the Council's opinion, will assist in the pursuit of its primary objective.
2: Without limiting its functions under subsection (1)
a: to encourage, promote, sponsor, and co-operate in the preparation, publication, and dissemination, to interested bodies, associations, and persons, of research papers, theses, and other reports relating to any matter with which the Council is concerned:
b: to obtain, monitor, analyse, collate, and disseminate to interested bodies, associations, and persons in New Zealand, information from overseas relating to any matter with which the Council is concerned:
c: to encourage, promote, sponsor, and co-operate in the preparation and publication of a bibliography of literature relating to any matter with which the Council is concerned.
3: Whenever the Council makes any recommendation under subsection (1)(f)
12: Powers of Council
Section 9(2)(a) Alcoholic
13: Meetings of Council
1: Section 12
a: by omitting the word Chairman Chairperson
b: by omitting from subsection (8) chairman chairperson
c: by omitting from subsection (8) Deputy Chairman Deputy Chairperson
2: Section 12 subsection (4)
4: At all meetings of the Council the quorum necessary for the transaction of business is 4 members.
14: Council may insure members
Section 15 appointed
15: Salaries, etc, to be payable out of fund
Section 17 Alcoholic
16: Bank accounts
Section 19A subsection (5)
17: Amendment to heading
The heading before section 20 Alcoholic
18: Establishment of fund
Section 20(1) Alcoholic
19: Alcoholic Liquor Account
Section 21
20: Payment and collection of levies in respect of beer and spirits
Section 29A(2) excise duty excise-equivalent duty
21: Payment and collection of levies in respect of wine
Section 31(2)(c) excise duty excise-equivalent duty
22: Donations and bequests
Section 36 Chairman Chairperson
23: New
section 37A The principal Act is amended by inserting, after section 37
37A: Common seal
1: The common seal of the Council must be held in the custody of such officer of the Council as the Council from time to time appoints.
2: The common seal must not be affixed to any document except under a resolution of the Council, or of a committee of that Council acting with the authority of the Council.
3: The execution of any document so sealed must be attested to by the Chairperson or any member of the Council acting on behalf of the Chairperson, and by the Chief Executive Officer or other officer of the Council authorised for that purpose.
4: The common seal of the Council must be judicially noticed in all courts and for all purposes.
24: Transitional provisions
1: Despite the change of its name, the Alcohol Advisory Council of New Zealand is the same body corporate as the Alcoholic Liquor Advisory Council that, immediately before the commencement of this Act, was constituted by section 3
2: Despite section 3A section 4(5)
3: Every reference in any enactment or document in force at the commencement of this Act (other than an Act specified in the Schedule) to the Alcoholic Liquor Advisory Council is, unless the context otherwise requires, to be read as a reference to the Alcohol Advisory Council of New Zealand.
2: Consequential amendments and repeals
25: Amendments to other enactments
1: The Acts specified in the Schedule are amended in the manner specified in that schedule.
2: The Alcoholic Liquor Advisory Council Regulations 1978
a: by omitting from regulation 1(1) Alcoholic Liquor Advisory Council Alcohol Advisory Council
b: by omitting from the definition of the term the Act Alcoholic Liquor Advisory Council Alcohol Advisory Council
3: The amendment, by this section, of The Alcoholic Liquor Advisory Council Regulations 1978
26: Repeals
The following enactments are repealed:
a: section 3 of The Alcoholic Liquor Advisory Council Amendment Act 1978
b: The Alcoholic Liquor Advisory Council Amendment Act 1986
c: section 2(2) of The Alcoholic Liquor Advisory Council Act 1987
d: sections 3 7 Alcoholic Liquor Advisory Council Amendment Act 1989
e: section 48 Public Finance Amendment Act 1992
f: so much of Schedule 4 Health Reforms (Transitional Provisions) Act 1993 The Alcoholic Liquor Advisory Council Act 1976
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DLM63090
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2000
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International Crimes and International Criminal Court Act 2000
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1: Title
This Act is the International Crimes and International Criminal Court Act 2000.
2: Commencement
1: Sections 6 7 sections 14 to 23 Parts 3 to 10 sections 178 to 180 sections 182 to 184 sections 186 187 Schedule
2: The rest of this Act comes into force on 1 October 2000.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 July 2002 section 2 International Crimes and International Criminal Court Act Commencement Order 2002 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is—
a: to make further provision in New Zealand law for the punishment of certain international crimes, namely, genocide, crimes against humanity, and war crimes; and
b: to enable New Zealand to co-operate with the International Criminal Court established by the Rome Statute in the performance of its functions.
1: Preliminary provisions
4: Interpretation
1: In this Act, unless the context otherwise requires,— Appeals Chamber forfeiture order
a: means an order made by the ICC under Article 77(2)(b) of the Statute or under the Rules for the forfeiture of tainted property; and
b: includes a forfeiture order that is treated for the purposes of enforcement as a profit forfeiture order section 131 ICC ICC prisoner
a: sentenced to imprisonment by the ICC; or
b: the subject of a request by the ICC under section 171(1)(b) international crime
a: means a crime in respect of which the ICC has jurisdiction under Article 5 of the Statute; but
b: does not include the crime of aggression, as provided under Articles 8 bis bis ter bis Minister New Zealand prison prison prison within the meaning of section 3(1) New Zealand prisoner prisoner in legal custody at Pre-Trial Chamber prison officer section 3(1) property Prosecutor Rules Statute Schedule
a: amendments to Article 8 of the Statute contained in depository notifications—
i: C.N.533.2010 Treaties-6, dated 29 November 2010; and
ii: C.N.116.2018.TREATIES-XVIII.10, dated 8 March 2018; and
iii: C.N.125.2018.TREATIES-XVIII.10, dated 8 March 2018; and
iv: C.N.126.2018.TREATIES-XVIII.10, dated 8 March 2018; and
v: C.N.399.2019.TREATIES-XVIII.10, dated 30 August 2019; and
b: amendments to the Statute contained in depository notification C.N.651.2010.TREATIES-8, dated 29 November 2010, including the insertion of the following Articles into the Statute:
i: Article 8 bis
ii: Article 15 bis
iii: Article 15 ter
iv: Article 25 (3 bis tainted property
a: instrument of crime as defined in section 5(1)
b: tainted property as defined in section 5(1) Trial Chamber
2: For the purposes of this Act, a person is not liable to be detained in a New Zealand prison if the person is—
a:
b: on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1
ba: subject to a sentence of home detention imposed under section 80A
c:
d: subject to a community-based sentence (within the meaning of section 4(1)
3: For the purposes of Parts 1 to 11,—
a: a reference in those Parts to a request by the ICC for assistance includes a reference to a request by the ICC for co-operation; and
b: a reference in those Parts to a request by the ICC for assistance under a specified provision or in relation to a particular matter includes a reference to a request by the ICC for co-operation under that provision or in relation to that matter; and
c: a reference in those Parts to a figure in brackets immediately following the number of an Article of the Statute is a reference to the paragraph of that Article with the number corresponding to the figure in brackets; and
d: a reference to a sentence of imprisonment imposed by the ICC includes a reference to a sentence of imprisonment extended by the ICC (whether for the non-payment of a fine or otherwise); and
e: a reference to a sentence of imprisonment imposed by the ICC for an international crime or an offence against the administration of justice includes a reference to a sentence of imprisonment imposed by the ICC for non-payment of a fine that was a penalty for that crime or offence, as the case may be. Section 4(1) forfeiture order amended 1 December 2009 section 197(1) Criminal Proceeds (Recovery) Act 2009 Section 4(1) international crime replaced 14 October 2021 section 4(1) International Crimes and International Criminal Court Amendment Act 2020 Section 4(1) New Zealand prison prison amended 1 June 2005 section 206 Corrections Act 2004 Section 4(1) New Zealand prisoner prisoner amended 1 June 2005 section 206 Corrections Act 2004 Section 4(1) prison officer amended 1 June 2005 section 206 Corrections Act 2004 Section 4(1) Statute replaced 14 October 2021 section 4(2) International Crimes and International Criminal Court Amendment Act 2020 Section 4(1) tainted property substituted 1 December 2009 section 197(2) Criminal Proceeds (Recovery) Act 2009 Section 4(2)(a) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(2)(b) substituted 30 June 2002 section 125 Parole Act 2002 Section 4(2)(ba) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4(2)(c) repealed 30 June 2002 section 125 Parole Act 2002 Section 4(2)(d) amended 30 June 2002 section 186 Sentencing Act 2002
5: Act to bind the Crown
This Act binds the Crown.
6: Statute to have force of law
1: The provisions of the Statute specified in subsection (2) have the force of law in New Zealand in relation to the following matters:
a: the making of requests by the ICC to New Zealand for assistance and the method of dealing with those requests:
b: the conduct of an investigation by the Prosecutor or the ICC:
c: the bringing and determination of proceedings before the ICC:
d: the enforcement in New Zealand of sentences of imprisonment or other measures imposed by the ICC, and any related matters:
e: the making of requests by New Zealand to the ICC for assistance and the method of dealing with those requests.
2: Subsection (1) applies in relation to the following provisions of the Statute:
a: Part 2 (which relates to jurisdiction, admissibility, and applicable law):
b: Part 3 (which relates to general principles of criminal law):
c: Articles 51 and 52 of the Statute (which relate respectively to the Rules of Procedure and Evidence, and Regulations of the Court):
d: Part 5 (which relates to the investigation and prosecution of crimes within the jurisdiction of the ICC):
e: Part 6 (which relates to the conduct of trials):
f: Part 7 (which relates to penalties):
g: Part 8 (which relates to appeals and revision of acquittals, convictions, or sentences):
h: Part 9 (which relates to international co-operation and judicial assistance):
i: Part 10 (which relates to the enforcement of sentences and other measures imposed by the ICC).
3: Despite subsections (1) and (2), Articles 8 bis bis ter bis Section 6(3) inserted 14 October 2021 section 5 International Crimes and International Criminal Court Amendment Act 2020
7: Obligations imposed by Statute or Rules
For the purposes of any provision of the Statute or the Rules that confers a power, or imposes a duty or function on a State, that power, duty, or function may be exercised or carried out on behalf of the Government of New Zealand by the Attorney-General, if this Act makes no other provision.
2: International crimes and offences against administration of justice
Jurisdiction to try international crimes
8: Jurisdiction in respect of international crimes
1: Proceedings may be brought for an offence—
a: against section 9 section 10
i: on or after the commencement of this section; or
ii: on or after the applicable date but before the commencement of this section; and would have been an offence under the law of New Zealand in force at the time the act occurred, had it occurred in New Zealand; and
b: against section 11
c: against section 9 section 10 section 11
i: the nationality or citizenship of the person accused; or
ii: whether or not any act forming part of the offence occurred in New Zealand; or
iii: whether or not the person accused was in New Zealand at the time that the act constituting the offence occurred or at the time a decision was made to charge the person with an offence.
2: Subsection (3) applies if a person to whom subsection (1)(a)(ii) applies is convicted of an offence against section 9 section 10
3: If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—
a: the maximum term or the maximum fine that could have been imposed under the laws of New Zealand at the time of the offence, if that maximum has subsequently been increased; or
b: the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.
4: In subsection (1)(a)(ii), applicable date
a: in relation to an offence against section 9
b: in relation to an offence against section 10 International crimes
9: Genocide
1: Every person commits an offence and is liable on conviction
a: commits genocide; or
b: conspires or agrees with any person to commit genocide, whether that genocide is to take place in New Zealand or elsewhere.
2: For the purposes of this section, genocide
3: The penalty for genocide, or conspiring with, or agreeing with any person to commit genocide is,—
a: if the offence involves the wilful killing of a person, the same as the penalty for murder:
b: in any other case, imprisonment for life or a lesser term. Statute art 6 Section 9(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Crimes against humanity
1: Every person commits an offence and is liable on conviction
2: For the purposes of this section, a crime against humanity
3: The penalty for a crime against humanity is,—
a: if the offence involves the wilful killing of a person, the same as the penalty for murder:
b: in any other case, imprisonment for life or a lesser term. Statute art 7 Section 10(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: War crimes
1: Every person commits an offence and is liable on conviction
2: For the purposes of this section, a war crime
a: Article 8(2)(a) of the Statute (which relates to grave breaches of the First, Second, Third, and Fourth Geneva Conventions); or
b: Article 8(2)(b) of the Statute (which relates to other serious violations of the laws and customs applicable in international armed conflict); or
c: Article 8(2)(c) of the Statute (which relates to armed conflict not of an international character involving serious violations of Article 3 common to the four Geneva Conventions of 12 August 1949); or
d: Article 8(2)(e) of the Statute (which relates to other serious violations of the laws and customs applicable in armed conflict not of an international character).
3: The penalty for a war crime is,—
a: if the offence involves the wilful killing of a person, the same as the penalty for murder:
b: in any other case, imprisonment for life or a lesser term.
4: Nothing in this section affects or limits the operation of section 3 Statute art 8 Section 11(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 General principles of criminal law
12: General principles of criminal law
1: For the purposes of proceedings for an offence against section 9 section 10 section 11
a: the following provisions of the Statute apply, with any necessary modifications:
i: Article 20 (which relates to crimes for which a person has previously been acquitted or convicted):
ii: Article 22(2) (which relates to principles of interpretation to be applied to the definition of crimes):
iii: Article 24(2) (which relates to the effect of changes in the law):
iv: Article 25 (which relates to principles of individual criminal responsibility):
v: Article 26 (which relates to the exclusion of jurisdiction over persons under 18 years):
vi: Article 28 (which relates to the responsibility of commanders and other superiors):
vii: Article 29 (which excludes any statute of limitations):
viii: Article 30 (which relates to the mental element of crimes):
ix: Article 31 (which specifies grounds for excluding criminal responsibility):
x: Article 32 (which relates to mistakes of fact or law):
xi: Article 33 (which relates to superior orders and prescription of law); and
b: the provisions of New Zealand law and the principles of criminal law applicable to the offence under New Zealand law apply; and
c: a person charged with the offence may rely on any justification, excuse, or defence available under the laws of New Zealand or under international law; and
d: despite paragraphs (b) and (c), the fact that an act done outside New Zealand is not an offence under the law of the place where it was done is not a justification, excuse, or defence.
2: For the purposes of subsection (1)(a), the Articles of the Statute specified in that subsection (other than Article 20) apply as if—
a: a reference to the ICC were a reference to the New Zealand court exercising jurisdiction in respect of the proceedings; and
b: a reference to the Statute includes a reference to this Act.
3: If there is any inconsistency between the provisions specified in subsection (1)(a) and the provisions and principles specified in subsections (1)(b) and (1)(c), the provisions specified in subsection (1)(a) prevail.
4: For the purposes of interpreting and applying Articles 6 to 8 of the Statute in proceedings for an offence against section 9 section 10 section 11
a: the New Zealand court exercising jurisdiction in the proceedings may have regard to any elements of crimes adopted or amended in accordance with Article 9 of the Statute:
b: the provisions of Parts 5 to 10 Consent to prosecutions for international crimes
13: Attorney-General’s consent to prosecutions required
1: Proceedings for an offence against section 9 section 10 section 11
2: Despite subsection (1), a person charged with an offence against section 9 section 10 section 11 1989 No 106 s 12 Jurisdiction to try offences against administration of justice
14: Jurisdiction in respect of offences against administration of justice
Proceedings may be brought for an offence against any of sections 15 to 21
a: the act or omission constituting the offence charged is alleged to have occurred in New Zealand or on board a ship or aircraft that is registered in New Zealand; or
b: the person charged is a New Zealand citizen. 1989 No 106 s 4 Offences against administration of justice
15: Corruption of Judge
1: Every Judge commits an offence and is liable on conviction
a: done or omitted by that Judge in his or her judicial capacity; or
b: to be done or to be omitted by that Judge in his or her judicial capacity.
2: Every Judge, the Registrar, and the Deputy Registrar commits an offence and is liable on conviction
a: done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies); or
b: to be done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies).
3: In this section and in sections 16 21 Deputy Registrar Judge Registrar
4: In this section and in sections 16 17 bribe section 99 1961 No 43 s 100 Section 15(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 15(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Bribery of Judge, etc
1: Every person commits an offence and is liable on conviction
2: Every person commits an offence and is liable on conviction 1961 No 43 s 101 Section 16(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Corruption and bribery of official of ICC
1: Every official of the ICC commits an offence and is liable on conviction to imprisonment
a: done or omitted by that officer in his or her official capacity; or
b: to be done or omitted by that officer in his or her official capacity.
2: Every person commits an offence and is liable on conviction
3: In this section and in section 21 official of the ICC 1961 No 43 s 105 Section 17(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18: False evidence
1: Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in New Zealand as evidence on oath, would be perjury, gives false evidence.
2: A person commits an offence and is liable on conviction
3: Despite subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years. 1961 No 43 s 109 Section 18(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
19: Fabricating evidence before ICC
Every person commits an offence and is liable on conviction 1961 No 43 s 113 Section 19 amended 1 July 2013 section 413 Criminal Procedure Act 2011
20: Conspiracy to defeat justice in ICC
Every person commits an offence and is liable on conviction 1961 No 43 s 116 Section 20 amended 1 July 2013 section 413 Criminal Procedure Act 2011
21: Interference with witnesses or officials
Every person commits an offence and is liable on conviction
a: dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or
b: makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—
i: done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
ii: to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
c: intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute. 1961 No 43 s 117 Section 21 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Consent to prosecutions for offences against administration of justice
22: Attorney-General’s consent to prosecutions required
1: Proceedings for an offence against any of sections 15 to 21
2: Despite subsection (1), a person charged with an offence against any of sections 15 to 21 1989 No 106 s 12 Co-operation relating to offences against administration of justice
23: Co-operation relating to offences against administration of justice
1: If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—
a: in the case of a request for surrender, in the manner provided in Parts 3 4
b: in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 6
c: in the case of a request for transit, in the manner provided in sections 136 to 138 150 to 156
d: in the case of a request for any other type of assistance, in the manner provided in Parts 3 5 Part 8
2: In addition to the grounds of refusal or postponement specified in Parts 4 5 Statute art 70(2)
3: General provisions relating to requests for assistance
24: Requests for assistance
1: This Part applies to a request by the ICC for assistance that is made under—
a: Part 9 of the Statute, namely,—
i: the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction; or
ii: the identification and whereabouts of persons or the location of items; or
iii: the taking of evidence, including testimony under oath, and the production of evidence, expert opinions, and reports necessary to the ICC; or
iv: the questioning of any person being investigated or prosecuted; or
v: the service of documents, including judicial documents; or
vi: facilitating the voluntary appearance of persons as witnesses or experts before the ICC; or
vii: the temporary transfer of prisoners; or
viii: the examination of places or sites, including the exhumation and examination of grave sites; or
ix: the execution of searches and seizures; or
x: the provision of records and documents, including official records and documents; or
xi: the protection of victims and witnesses and the preservation of evidence; or
xii: the identification, tracing and freezing, or seizure of proceeds, property and assets, and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; or
xiii: any other type of assistance that is not prohibited by the law of New Zealand, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
b: any of the following articles of the Statute:
i: Article 19(8) (which relates to various steps that the Prosecutor may take with the authority of the ICC):
ii: Article 56 (which relates to various measures that can be taken by the Pre-Trial Chamber):
iii: Article 64 (which relates to various measures that can be taken by the Trial Chamber):
iv: Article 76 (which relates to the imposition of sentence by the Trial Chamber):
v: Article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).
2: Nothing in this section—
a: limits the type of assistance that the ICC may request under the Statute or the Rules (whether in relation to the provision of information or otherwise):
b: prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature. 1995 No 27 ss 4 56
25: Requests to be made through authorised channel
1: A request for assistance must be made through an authorised channel and,—
a: in the case of a request to which Part 4
b: in any other case, be transmitted to the Attorney-General or a person authorised by the Attorney-General to receive requests.
2: For the purposes of subsection (1) and section 26(1) authorised channel
a: the diplomatic channel to the Minister of Foreign Affairs and Trade; or
b: any other appropriate channel that New Zealand may designate at the time it ratifies the Statute or at any subsequent time in accordance with the Rules.
3: This section is subject to section 26 1999 No 55 s 18(2)
26: Urgent requests
1: In urgent cases a request for assistance (including a request for provisional arrest) may be—
a: made using any medium capable of delivering a written record:
b: transmitted through the International Criminal Police Organisation or any other appropriate regional organisation, instead of through an authorised channel.
2: If a request is made or transmitted in the first instance in the manner specified in subsection (1), it must be followed as soon as practicable by a formal request transmitted in the manner specified in section 25 Statute arts 87(1)(b), 91(1), 92(1), 96(1)
27: Execution of requests
1: If the ICC makes a request for assistance, the request must be dealt with in accordance with the relevant procedure under the law of New Zealand (as provided in this Act).
2: If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by New Zealand law or by using a particular procedure that is not prohibited by New Zealand law, the Attorney-General or the Minister, as the case may be, must use his or her best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may be. Statute arts 88, 99(1)
28: Consultation
1: The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—
a: a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate information or the appropriate documents specified in Articles 87, 91, 92, 93, or 96 of the Statute; or
b: the ICC has not provided sufficient information for a request for assistance to be executed; or
c: in the case of a request for surrender,—
i: the person sought cannot be located in New Zealand; or
ii: it appears that the person in New Zealand is clearly not the person named in the warrant or judgment, as the case may be; or
d: execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
e: for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
2: Before refusing any request for assistance, the Attorney-General or the Minister, as the case may be, must consult with the ICC to ascertain whether the assistance sought could be provided—
a: subject to conditions; or
b: at a later date or in an alternative manner.
3: Without limiting the types of conditions under which assistance may be provided, the Attorney-General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
4: If the Attorney-General transmits documents or information subject to the condition specified in subsection (3), the Attorney-General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules. Statute arts 93(5), 93(8)(b), (c), 97
29: Confidentiality of request
1: A request for assistance and any documents supporting the request must be kept confidential by the New Zealand authorities who deal with the request, except to the extent that the disclosure is necessary for execution of the request.
2: If the ICC requests that particular information that is made available with a request for assistance be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses, and their families, the New Zealand authorities must use their best endeavours to give effect to that request.
3: In this section, the New Zealand authorities
a: the Attorney-General:
b: the Minister:
c: every Police employee
d: every prison officer:
e: every employee of or contractor engaged by a New Zealand agency that is authorised to deal with the request.
4: Subsection (2) does not limit subsection (1). Statute art 87(3), (4) Section 29(3)(c) amended 1 October 2008 section 130(1) Policing Act 2008
30: Response to be sent to ICC
1: The Attorney-General or the Minister, as the case may be, must notify the ICC, without delay, of his or her response to a request for assistance and of the outcome of any action that has been taken in relation to it.
2: If the Attorney-General or the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notice to the ICC must set out the reasons for the decision.
3: If the request for assistance cannot be executed for any other reason, the notice to the ICC must set out the reasons for the inability or failure to execute the request.
4: In the case of an urgent request for assistance, any documents or evidence produced in response must, at the request of the ICC, be sent urgently to it.
5: Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form. 1992 No 86 ss 28 29 1995 No 27 s 59 Official capacity of suspect or accused no bar to request
31: Official capacity of person no bar to request
1: The existence of any immunity or special procedural rule attaching to the official capacity of any person is not a ground for—
a: refusing or postponing the execution of a request for surrender or other assistance by the ICC; or
b: holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or
c: holding that a person is not obliged to provide the assistance sought in a request by the ICC.
2: Subsection (1) applies subject to section 66 section 120 Statute art 27(2)
4: Arrest and surrender of person to ICC
Request from ICC for arrest and surrender
32: Request for arrest and surrender
1: This Part applies to a request made by the ICC under Article 89(1) of the Statute for the arrest and surrender from New Zealand of—
a: a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under Article 58 or Article 60 of the Statute for an international crime:
b: a person who has been convicted by the ICC of an international crime.
2: This Part applies to a request made under Article 92 of the Statute for the provisional arrest of a person accused or convicted of an international crime.
3: The following provisions of this Part apply subject to sections 55 to 66
a: sections 33 to 35
b: sections 36 to 38
c: sections 39 to 42
d: sections 43 to 46
e: sections 47 to 54 Statute arts 58, 60(5), 91(2)–(4), 92(1) Arrest where request for surrender received
33: Minister to request issue of arrest warrant
1: If a request for surrender is received, other than a request for provisional arrest referred to in section 32(2)
2: If a notice is sent to a Judge under subsection (1), the Minister must also send to the Judge a copy of the request and supporting documents.
3: The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section. 1995 No 27 s 6 1999 No 55 s 19(1), (3)
34: Issue of arrest warrant
After receiving a request under section 33
a: the person is or is suspected of being in New Zealand or may come to New Zealand; and
b: there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates. 1995 No 27 s 7 1999 No 55 s 19(2)
35: Cancellation of warrant
1: The Minister may, at any time, by notice in writing, order the cancellation of the warrant.
2: If the Minister orders the cancellation of a warrant under subsection (1), the warrant ceases to have effect and any person arrested under the warrant must be released, unless the person is otherwise liable to be detained in custody. 1995 No 27 s 8 Provisional arrest in urgent cases
36: Provisional arrest warrant may be issued
1: A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—
a: a warrant for the arrest of a person has been issued by the ICC or, in the case of a convicted person, a judgment of conviction has been given in relation to an international crime; and
b: the person named in the warrant or judgment is or is suspected of being in New Zealand or may come to New Zealand; and
c: it is necessary or desirable for an arrest warrant to be issued urgently.
2: A warrant may be issued under this section even though no request for surrender has yet been made or received from the ICC. 1999 No 55 s 20
37: Notice to be given to Minister
1: If a District Court Judge issues a provisional arrest warrant under section 36
2: The applicant must include in the report to the Minister a copy of the warrant issued by the ICC, or the judgment of conviction, as applicable, and the other documentary evidence that the applicant produced to the Judge.
3: On receipt of the report under subsection (1), the Minister may, if the Minister thinks fit, order that the proceedings be discontinued.
4: If the Minister orders that the proceedings be discontinued, the Minister may cancel any warrant of arrest and order the discharge of any person arrested under the warrant.
5: The Minister must notify the District Court of any action taken under subsection (3) or subsection (4). 1999 No 55 s 21
38: Procedure where provisional arrest warrant issued
1: If a person has been arrested on a provisional arrest warrant issued under section 36
a: the hearing of the proceedings must not proceed until the District Court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister in the manner specified in section 25
b: pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned:
c: the District Court must set a date by which the notice is to be transmitted to it, which must be a reasonable time having regard to—
i: any provision in the Rules that prescribes the maximum period for transmission by the ICC of the request and supporting documents to the requested State:
ii: if there is no such provision, the time it is likely to take for the ICC to prepare and transmit the request and supporting documents to New Zealand:
iii: the time it is likely to take for the Minister to consider the request after receipt and for the notice to be transmitted to the District Court:
d: if the District Court does not receive the notice within the time fixed by the District Court under paragraph (c), and does not extend that time under subsection (2), the District Court must discharge the person.
2: The District Court may, from time to time, in its discretion, extend any time fixed by it under subsection (1)(c). 1999 No 55 s 23(4) Remand and bail
39: Procedure following arrest
1: A person arrested on a warrant issued under section 34 section 36 the District Court
2: The person—
a: is not entitled to bail as of right; and
b: may not go at large without bail.
3: If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 30(1), (2), and (4)
4: Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court must have regard to the following:
a: the gravity of the alleged crimes:
b: whether there are urgent and exceptional circumstances that favour the grant of bail; and
c: whether necessary safeguards exist to ensure that New Zealand can fulfil its duty under the Statute to surrender the person to the ICC.
5: Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute. 1999 No 55 s 23(1)–(3) Section 39(1) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) substituted 19 December 2002 section 3 International Crimes and International Criminal Court Amendment Act 2002 Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Procedure for bail
1: If an application for bail is made, the Minister must notify the ICC which may make recommendations to the Minister that must be conveyed to the District Court that is considering the application.
2: Before rendering its decision, the District Court must consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.
3: If the person is granted bail, the Minister must, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.
4: This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law. 1999 No 55 s 44(1)–(3)
41: Powers of District Court
1: In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 179 section 180
a: the District Court category 1 or 2
b: the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:
i: subparts 1 3 Part 5 sections 365 379
ii: Parts 1 sections 9 to 12 2 3
iii: sections 38 to 44
2: In accordance with section 355 the District Court
3: Despite section 168(1) and (2)
4:
5: Section 169 sections 27 30 to 33 35 37 to 39 41 to 43 52 section 46 section 49
6: To avoid doubt, if an application is made for the variation of conditions of bail of a person who is detained under section 46 section 49 section 40(1) and (2) 1999 No 55 s 43 Section 41(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 41(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(1)(b) substituted 19 December 2002 section 4(1) International Crimes and International Criminal Court Amendment Act 2002 Section 41(1)(b)(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(1)(b)(iii) substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 41(2) amended 1 March 2017 section 261 District Court Act 2016 Section 41(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(4) repealed 19 December 2002 section 4(3) International Crimes and International Criminal Court Amendment Act 2002 Section 41(5) substituted 19 December 2002 section 4(4) International Crimes and International Criminal Court Amendment Act 2002 Section 41(5) amended 14 November 2018 section 101 Courts Matters Act 2018 Section 41(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(6) added 19 December 2002 section 4(4) International Crimes and International Criminal Court Amendment Act 2002
42: Detention in place other than prison
1: This section applies if the District Court orders the detention of a person at any time under this Part.
2: If the District Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the District Court may order that the person be held in custody—
a: at the place where the person is for the time being; or
b: at any other place that the District Court considers appropriate, having regard to the risk or reason involved.
3: The person may be held as specified in subsection (2) until—
a: the person can be detained in a prison without risk to that person’s life or health; or
b: the reason for not detaining the person in prison no longer applies; or
c: the person is surrendered or discharged according to law.
4: In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person’s detention. 1999 No 55 s 52 Eligibility for surrender
43: Determination of eligibility for surrender
1: If a person is brought before the District Court
2: Subsection (1) applies subject to sections 38 45
3: The person is eligible for surrender if—
a: a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been produced to the District Court; and
b: the District Court is satisfied that the person is the person to whom the warrant or judgment relates; and
c: the District Court is satisfied that the person was arrested in accordance with the proper process as provided in Article 59(2)(b) of the Statute; and
d: the District Court is satisfied that the person’s rights were respected as provided in Article 59(2)(c) of the Statute.
4: Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.
5: Despite subsection (3), the person is not eligible for surrender if the person satisfies the District Court that a mandatory restriction on the surrender of the person specified in section 55(1)
6: Despite subsection (3), in the proceedings under this section,—
a: the person to whom the proceedings relate is not entitled to adduce, and the District Court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and
b: in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of New Zealand, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of New Zealand. 1999 No 55 s 45 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016
44: Adjournment of hearing
1: The District Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency or deficiencies to be remedied if—
a: a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and
b: the District Court considers the deficiency or deficiencies to be of a minor nature.
2: Subsection (1) does not limit the circumstances in which the District Court may adjourn a hearing.
45: Surrender by consent
1: A person may at any time notify the District Court that he or she consents to being surrendered to the ICC for the international crime or crimes for which surrender is sought.
2: The District Court may accept the notification of consent under subsection (1) if—
a: the person is before the District Court when notification of the consent to surrender is given; and
b: the person has been legally represented in the proceedings; and
c: the District Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.
3: Nothing in this section prevents a person, in respect of whom a determination of eligibility for surrender is made by the District Court under section 43
4: To avoid doubt,—
a: a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Minister may make a surrender order as if a request for surrender had been received; and
b: if paragraph (a) applies, section 38(1)(a) 1999 No 55 s 28
46: Procedure following determination on eligibility or consent to surrender
1: This section applies if—
a: the District Court has determined in accordance with section 43
b: a person has consented to surrender to the ICC in accordance with section 45
2: If this section applies, the District Court must—
a: issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 42 section 169
b: send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit; and
c: inform a person to whom subsection (1)(a) applies that,—
i: subject to section 70
ii: during that time the person has the right to make an application for a writ of habeas corpus; and
iii: the person has the right to lodge an appeal under section 67
d: inform a person to whom subsection (1) applies that the Minister must determine whether to issue a surrender order before the person can be surrendered to the ICC; and
e: inform the person that if a surrender order is made and the person is not removed within 2 months, the person may apply to be discharged under section 74
3: If the District Court issues a warrant under subsection (2), the District Court may grant bail to the person in accordance with section 39
4: If the District Court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 69 section 67 1999 No 55 s 46 Section 46(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Surrender and temporary surrender
47: Minister must determine whether person to be surrendered
1: If the District Court issues a warrant for the detention of a person under section 46
2: The Minister must make a surrender order in respect of the person unless—
a: the Minister is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 55(1)
b: the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 55(2)
c: the Minister postpones the execution of a request for surrender in accordance with section 56
d: the Minister makes a temporary surrender order under section 49
3: The Minister must not make a surrender order in respect of a person until the later of the following times:
a: until the expiration of 15 days after the date of the issue of the warrant of detention of that person under section 46(2)(a)
b: if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.
4: Nothing in subsection (3) applies to—
a: a person who has consented to surrender under section 45
b: a person to whom section 43 section 70
i: the right to make an application for a writ of habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to every international crime for which the District Court has determined that the person is eligible to be surrendered, to lodge an appeal under section 67
c: a person whom the District Court determines is eligible for surrender for 2 or more international crimes and who, under section 70
i: the right to make an application for habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to only 1 or some of those international crimes, to lodge an appeal under section 67 if the ICC withdraws its request for the surrender of the person for the international crime or crimes to which the waiver does not relate.
5: If the Minister makes a surrender order in respect of a person described in section 4(2)
6: Subject to section 48 1999 No 55 s 50
48: Surrender order may take effect at later date
1: This section applies if the Minister has determined under section 47
2: If this section applies, the Minister may, after consultation with the ICC, instead of making a surrender order that has immediate effect, or a temporary surrender order under section 49 1999 No 55 s 32
49: Temporary surrender to ICC
1: This section applies if—
a: the request by the ICC for surrender relates to an international crime of which the person is accused; and
b: the Minister has determined under section 47
i: the subject of proceedings for a different offence against New Zealand law that has not been finally disposed of; or
ii: liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of New Zealand; and
c: after consultation by the Minister with the ICC, the ICC requests that the person be surrendered temporarily.
2: If this section applies, the Minister may make a temporary surrender order in respect of the person.
3: Before making a temporary surrender order, the Minister may seek undertakings from the ICC relating to 1 or more of the following matters:
a: the return of the person to New Zealand:
b: the custody of the person while travelling to and from and while in the ICC’s jurisdiction:
c: such other matters, if any, that the Minister thinks appropriate. 1999 No 55 s 33(1), (2)
50: Decision on return to New Zealand after trial
1: The Minister must review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to New Zealand in accordance with undertakings received from the ICC if the person is convicted by the ICC of an international crime and sentenced to imprisonment.
2: The Minister may determine that he or she no longer requires the undertaking relating to return to be complied with and, if so, must inform the ICC without delay.
51: Request for return to ICC after temporary surrender
1: The Minister may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—
a: the person has been convicted by the ICC of an international crime and sentenced to imprisonment; and
b: the person is returned to New Zealand in order for the New Zealand proceedings or sentence to be completed; and
c: the ICC makes a request at any time before the person is no longer the subject of New Zealand proceedings or ceases to be liable to be detained in a New Zealand prison, that, when he or she is no longer the subject of proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.
2: Before making an order under subsection (1), the Minister must determine in accordance with section 47(2)
3: If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the New Zealand proceedings or ceases to be liable to be detained in a New Zealand prison. 1999 No 55 s 34
52: New Zealand sentence continues to run
1: If a person who is subject to a sentence of imprisonment is released from a New Zealand prison under a surrender order made under section 47 section 49
2: If, while a person is within the jurisdiction of the ICC under a temporary surrender order or surrender order, the person ceases to be liable to be detained in a New Zealand prison, the Minister must inform the ICC that any undertakings relating to custody referred to in section 49(3)(a)
3: Nothing in this section affects the ICC’s power to direct that any sentence of imprisonment that it imposes is to be cumulative on a sentence imposed under New Zealand law. 1999 No 55 s 33(3), (4)
53: Form and execution of surrender order or temporary surrender order
A surrender order made under section 47 section 49
a: specify all the international crimes in relation to which the person is being surrendered; and
b: either—
i: require the person in whose custody the person to be surrendered is being held (if the person is being held in custody) to release the person to be surrendered into the custody of a Police employee
ii: if the person to be surrendered is on bail, authorise any Police employee
c: authorise the Police employee
d: authorise the duly authorised person referred to in paragraph (c) to take the person to be surrendered into custody and transport the person out of New Zealand as soon as practicable to the ICC to be dealt with there according to law. 1999 No 55 s 67 Section 53(b)(i) amended 1 October 2008 section 130(1) Policing Act 2008 Section 53(b)(ii) amended 1 October 2008 section 130(1) Policing Act 2008 Section 53(c) amended 1 October 2008 section 130(1) Policing Act 2008
54: Surrender to State of enforcement
1: If a request for surrender relates to a convicted person who has escaped from custody and the ICC directs, under Article 111 of the Statute, that the person be delivered to the State in which the person was serving the sentence or to any other State designated by the ICC, the Minister must arrange for the person to be delivered to the State specified in the direction.
2: In any case in which subsection (1) applies, the surrender order may specify that the person be surrendered into the custody of duly authorised representatives of the State specified in the direction. Statute art 111 Restrictions on surrender
55: Refusal of surrender
1: The Minister must refuse a request by the ICC for the surrender of a person if—
a: there have been previous proceedings against the person and section 57(4)
b: the ICC determines that the case is inadmissible and section 59(3) section 60(2)
c: section 66(3)
2: The Minister may refuse a request by the ICC for the surrender of a person if—
a: there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4)
b: there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3)
3: To avoid doubt,—
a: the only grounds on which surrender to the ICC may be refused are those specified in this section and, if applicable, section 23(2)
b: the restrictions on surrender specified in the Extradition Act 1999
56: Postponement of execution of request for surrender
1: The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—
a: a ruling on admissibility of the kind specified in section 57(1) section 59(1) section 60
b: the request would interfere with an investigation or prosecution for a different offence against New Zealand law, as provided in section 58
c: a request of the kind referred to in section 66(1)(c)
2: Even if a case is one to which subsection (1) applies, the Minister may decide not to postpone the execution of the request; and, in that event, the Minister may take such steps under this Part as may be appropriate in the circumstances, including making a surrender order with immediate effect under section 47 section 48 section 49
3: If the Minister postpones the execution of the request, the postponement may be for a reasonable time and may, if the Minister considers it desirable, be extended from time to time.
4: A decision by the Minister to postpone the execution of a request—
a: does not limit or affect—
i: the District Court’s ability to accept notification of consent to the surrender:
ii: the ability to continue to detain a person under any warrant issued under this Part:
b: does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made.
5: If no decision on the execution of the request for surrender is made within 6 months after the date of the Minister’s decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be discharged.
6: If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge any order made under this Act:
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.
57: Previous proceedings against person sought
1: This section applies if the person whose surrender is sought alleges that—
a: the case is one to which Article 20(1) of the Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or
b: the person has been tried by another court for conduct also proscribed under Article 6, 7, or 8 of the Statute and the case is not one to which paragraphs (a) and (b) of Article 20(3) of the Statute applies.
2: If this section applies, the Minister must immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Statute.
3: If the ICC has ruled that the case is admissible, surrender cannot be refused on the ground there have been previous proceedings.
4: If the ICC has ruled that the case is inadmissible under Article 20 of the Statute, surrender must be refused on the ground that there have been previous proceedings.
5: If an admissibility ruling is pending, the Minister may postpone the execution of a request until the ICC has made a determination on admissibility. Statute arts 20(1), (3), 89(2)
58: Ongoing New Zealand investigation or proceedings involving different conduct
1: This section applies if the ICC makes a request for surrender that would interfere with an investigation or proceedings in New Zealand involving different conduct.
2: If this section applies, the Minister may, after consultation with the ICC,—
a: proceed with the execution of the request in accordance with section 56(2)
b: postpone the execution of the request until the New Zealand investigation or proceedings have been finally disposed of.
3: Nothing in this section limits or affects section 48 Statute art 94
59: Person being prosecuted in New Zealand for same conduct
1: This section applies if—
a: the ICC makes a request for surrender; and
b: the request relates to conduct that would constitute an offence under New Zealand law; and
c: either—
i: the conduct is being investigated or prosecuted in New Zealand; or
ii: the conduct had been investigated in New Zealand and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and
d: a challenge to the admissibility of the case is being or has been made to the ICC under Article 19(2)(b) of the Statute.
2: If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.
3: If the ICC determines that the case is inadmissible, surrender must be refused.
4: If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part. Statute arts 17(1), 19(2)(b), 95
60: Other challenges to admissibility
1: If the ICC is considering an admissibility challenge under Article 18 or Article 19 of the Statute, other than a challenge of the kind referred to in section 57 section 59
2: If the ICC determines that the case is inadmissible, surrender must be refused.
3: If the ICC determines that the case is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part. Statute art 95
61: Request from ICC and other State relating to same conduct
If a request for surrender of a person is received from the ICC and 1 or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person’s surrender, the Minister—
a: must notify the ICC and the requesting State of that fact:
b: must determine, in accordance with section 62 section 63 section 99 Statute art 90(1)
62: Procedure where competing request from State Party
1: If section 61
a: the ICC has, under Article 18 or Article 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
b: the ICC makes such a determination after receiving notification of the competing request.
2: If the request is one to which subsection (1)(b) relates, then, pending the ICC’s determination,—
a: the steps required to be taken under the Extradition Act 1999
b: no person may be surrendered under that Act unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible. Statute art 90(2)
63: Procedure where competing request from non-State Party
1: If section 61
a: New Zealand is not under an international obligation to extradite the person to the requesting State; and
b: the ICC has determined under Article 18 or Article 19 of the Statute that the case is admissible.
2: If section 61
a: New Zealand is not under an international obligation to extradite the person to the requesting State; and
b: the ICC has not yet determined under Article 18 and Article 19 of the Statute that the case is admissible.
3: Despite subsection (2), no person may be surrendered under the Extradition Act 1999
4: If section 61
5: Section 99(1)
6: In making the determination under subsection (4), the Minister must consider all the relevant factors including, without limitation,—
a: the respective dates of the requests; and
b: the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
c: the possibility of subsequent surrender between the ICC and the requesting State. Statute art 90(4)–(6)
64: Request from ICC and other State relating to different conduct
1: If a request for surrender of a person is received from the ICC and a request for the extradition of that person is received from 1 or more States for conduct other than that which constitutes the crime for which the ICC seeks the person’s surrender, the Minister must determine whether the person is to be surrendered to the ICC or to the requesting State.
2: If New Zealand is not under an existing international obligation to extradite the person to the requesting State, priority must be given to the request from the ICC.
3: If New Zealand is under an existing international obligation to extradite the person to the requesting State, the Minister must determine whether to surrender the person to the ICC or to extradite the person to the requesting State.
4: In making the determination under subsection (3), the Minister must consider all the relevant factors, including, without limitation, those matters specified in section 63 section 99 Statute art 90(7)
65: Notification of decision on extradition to requesting State
1: If, following notification under Article 90 of the Statute, the ICC has determined that a case is inadmissible and the Minister subsequently refuses extradition of the person to the requesting State under the Extradition Act 1999
2: The obligation in this section is in addition to the requirement in section 30 Statute art 90(8)
66: Conflict with obligations to another State
1: This section applies if—
a: the ICC makes a request for surrender; and
b: the ICC has not previously made a final determination on whether or not Article 98 of the Statute applies to that request; and
c: a request is made to the ICC to determine whether or not Article 98 of the Statute applies to the request for surrender.
2: If this section applies, the Minister may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.
3: If the ICC advises that it does not intend to proceed with the request, surrender must be refused.
4: If the ICC advises that it intends to proceed with the request for surrender, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part. Statute art 98 Appeals against determinations of eligibility for surrender
67: Appeal on question of law only
1: This section applies if the District Court section 43
2: If this section applies, the party may appeal against the determination to the High Court on a question of law only.
3: To lodge an appeal the party must, within 15 days after the determination, file in the office of the court that made the determination a notice of appeal in the prescribed form. Section 67 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 67(1) amended 1 March 2017 section 261 District Court Act 2016
68: Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011
1: Section 59 subpart 8 the District Court
2: Subpart 8 Section 68 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(1) amended 1 March 2017 section 261 District Court Act 2016
69: Custody pending determination of appeal
1: The District Court
a: the District Court makes a determination under section 43
b: immediately after the District Court makes the determination, either party informs the District Court that the party intends to appeal against the determination.
2: The District Court
a: the District Court section 43
b: either party files a notice of appeal against the determination.
3: If a person is detained under an order made under this section or is arrested and detained under a warrant issued under this section, sections 39 to 42 section 43 1999 No 55 s 70 Section 69(1) amended 1 March 2017 section 261 District Court Act 2016 Section 69(2) amended 1 March 2017 section 261 District Court Act 2016 Section 69(2)(a) amended 1 March 2017 section 261 District Court Act 2016
70: Waiver of rights to apply for habeas corpus or to lodge appeal
Without limiting section 45
a: the right to make an application for a writ of habeas corpus within 15 days after the issue of a warrant of detention; and
b: the right, in relation to any international crime or crimes for which the District Court has determined that the person is eligible for surrender, to lodge an appeal under this Part. 1999 No 55 s 71
71: Powers of court on appeal
1: The High Court must hear and determine the question or questions of law arising on any case transmitted to it, and do 1 or more of the following things:
a: reverse, confirm, or amend the determination in respect of which the case has been stated:
b: remit the determination to the District Court for reconsideration together with the opinion of the High Court on the determination:
c: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard:
d: make any other order in relation to the determination that it thinks fit.
2: In hearing and determining the question or questions of law arising on any case transmitted to it, the High Court—
a: must not have regard to any evidence of a fact or opinion that was not before the District Court when it made the determination appealed against; and
b: may in the same proceeding hear and determine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought. 1999 No 55 s 72
72: Further provisions relating to powers of court on appeal
1: If the appeal is against a determination that a person is eligible for surrender, and the High Court reverses the determination in respect of which the case has been stated, the High Court must also either—
a: discharge the person; or
b: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.
2: If the appeal is against a determination that a person is eligible for surrender in respect of 2 or more international crimes, and the High Court determines that the determination includes an error of law that relates to only 1 or some of those international crimes, the High Court may amend the determination and—
a: discharge the person in respect of that international crime or those international crimes; or
b: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes.
3: Despite subsections (1) and (2), if an appeal is against a determination that a person is eligible for surrender, and the High Court determines that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.
4: If the appeal is against a determination that a person is not eligible for surrender, and the High Court determines that the determination includes an error of law, the High Court may—
a: exercise the powers of the District Court section 46 the District Court
b: if it remits the determination to the District Court, issue a warrant for the arrest and detention of the person pending the District Court’s reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 69(3)
5: Subsections (1), (2), and (4) do not limit section 71 1999 No 55 s 73 Section 72(4)(a) amended 1 March 2017 section 261 District Court Act 2016 Discharge of person
73: Discharge of person if Minister declines to order surrender
If the Minister determines under section 47 1999 No 55 s 35
74: Discharge of person if not surrendered within 2 months
1: This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—
a: after the date of the issue of the warrant for the detention of the person under section 46
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or
c: if a surrender order is made under section 48
2: If this section applies, the person may apply to a Judge of the High Court to be discharged.
3: If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order or temporary surrender order, as the case may be; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. 1999 No 55 s 36
75: Discharge of person if not resurrendered
1: If a person has been surrendered under a temporary surrender order made under section 49 section 74 section 51
2: Subsection (3) applies if an order is made under section 51
3: If this subsection applies, the person may apply to a Judge of the High Court to be discharged.
4: If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. 1999 No 55 s 37
76: Discharge of person under this Part does not preclude further proceedings
To avoid doubt, the discharge of a person under any provision of this Part does not preclude further proceedings under this Act, whether or not they are based on the same conduct, to surrender the person to the ICC. 1999 No 55 s 38 Miscellaneous provisions relating to arrest and surrender
77: Search and seizure on arrest
1: If a person is arrested on a warrant issued under this Part, a constable constable
2: If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
3: Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any power under section 11
4: If any thing is seized under subsection (1) from the person arrested,—
a: the constable
b: the Minister must, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure. 1999 No 55 s 82 Section 77(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 77(3) amended 1 October 2012 section 266(2) Search and Surveillance Act 2012 Section 77(4)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
78: Disposal of property seized
1: If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77
2: If the person cannot be surrendered or temporarily surrendered by reason of the person’s death or escape from custody, the Minister may direct that any thing that was seized under section 77
3: If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 77
4: The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of New Zealand.
5: The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person if—
a: the thing is the subject of a dispute as to who is entitled to it; or
b: the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or
c: possession of the thing by the person would be unlawful in New Zealand. 1999 No 55 s 89
79: Information about time spent in custody in New Zealand
1: If the ICC requests the surrender of a person, and that person is detained in a New Zealand prison or any other place at any time pending surrender, the prison manager
2: The prison manager
a: the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request; and
b: the total period during which the person was detained in custody during the process leading to the surrender of the person to New Zealand in relation to the offence or offences; and
c: whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against New Zealand law.
3: The Minister must provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the information specified in subsection (2) and such other information relating to any period spent in custody in relation to the surrender as the ICC may request. 1999 No 55 s 62(1) Section 79(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 79(1) amended 30 June 2002 section 125 Parole Act 2002 Section 79(2) amended 1 June 2005 section 206 Corrections Act 2004
80: Consent to trial of surrendered person for previous offences
1: This section applies if—
a: a person is surrendered to the ICC under this Act; and
b: the ICC requests a waiver of the requirements of Article 101(1) of the Statute (which relates to the rule of speciality).
2: If this section applies, the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender (not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered).
3: The consent given under subsection (2) may relate to the person’s surrender to another State.
4: Before giving consent under subsection (2), the Minister—
a: may request that additional information be provided in accordance with Article 91 of the Statute:
b: may seek any assurances from the ICC that the Minister thinks fit. 1999 No 55 s 30(5)
5: Domestic procedures for other types of co-operation
Identifying or locating persons or things
81: Assistance in locating or identifying persons or things
1: This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be in New Zealand.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the person to whom or thing to which the request relates is or may be in New Zealand.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and
ii: advise the Attorney-General of the outcome of those endeavours.
4: This section does not give any person a power to enter property in order to locate a person or item. Statute arts 19(8), 56, 64, 93(1)(a) Taking evidence and producing documents
82: Assistance in gathering evidence
1: This section applies if the ICC requests, under any of Articles 19(8), 56, 64, or 93(1)(b) of the Statute, that—
a: evidence be taken in New Zealand; or
b: documents or other articles in New Zealand be produced.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or to a proceeding before the ICC; and
b: there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand. 1995 No 27 s 21
83: Taking evidence
1: If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness must be taken in writing on the oath or affirmation of that witness by a District Court Judge.
2: The Judge who takes evidence under subsection (1), must—
a: certify that the evidence was taken by the Judge; and
b: ensure that the evidence, as certified, is sent to the Attorney-General. 1995 No 27 s 22
84: Producing documents or other articles
1: If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a District Court Judge may make an order requiring their production.
2: If the documents or other articles are produced, the Judge must send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.
3: Despite subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals.
4: Subsections (2) and (3) apply subject to any contrary order by the Judge. 1995 No 27 s 23
85: Protection of witnesses
1: The applicable law with respect to compelling a person to appear before Judge under section 83 section 84
2: For the purposes of subsection (1), the applicable law is the law of New Zealand that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of New Zealand.
3: Despite subsection (1), for the purposes of section 83 section 84
4: Despite subsection (1), a person who is required under section 83 section 84
5: A person who is required under section 83 section 84
a: has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were being conducted in New Zealand or the proceeding were pending in a New Zealand court, as the case may be; and
b: must be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.
6: Subsections (4) and (5) apply subject to section 31 1995 No 27 s 26
86: ICC may give evidence certificate
1: In this section, evidence certificate
a: is given or made by or on behalf of the ICC; and
b: specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—
i: generally; or
ii: in specified proceedings; or
iii: in specified circumstances.
2: An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4)
3: A certificate is authenticated for the purposes of subsection (2) if it purports to be—
a: signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
b: authenticated in any other manner authorised by the Statute or the Rules. 1995 No 27 s 27
87: Certain persons may appear
1: The following persons may appear and be legally represented at a hearing held under section 83 section 84
a: the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates:
b: any other person giving evidence or producing documents or other articles at the hearing:
c: a representative of the Prosecutor or ICC.
2: Subsection (1) applies subject to any contrary provision of the Statute or the Rules.
3: A certificate by a Judge under section 83(2) section 84(2) 1992 No 86 s 34
88: Powers of Judge may be exercised by Registrar
1: Any Judge may authorise a Registrar of the District Court to exercise the powers of a Judge under section 83 section 84
2: An authorisation given under subsection (1) may be revoked at any time by any Judge.
3: If a matter in respect of which a Registrar has jurisdiction under an authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, the Registrar may refer the matter to a Judge, who may—
a: dispose of the matter; or
b: refer it back to the Registrar with such directions as the Judge thinks fit.
4: Nothing in this section prevents the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section. 1995 No 27 s 28 Questioning persons
89: Assistance in questioning persons
1: This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the person is or may be in New Zealand.
3: If the Attorney-General gives authority to proceed,—
a: the Attorney-General must forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to undertake the questioning that the ICC has requested; and
ii: ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and
iii: advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to the Attorney-General. Statute arts 19(8), 56, 64, 93(1)(c)
90: Procedure where questioning by New Zealand agency
1: This section applies if there are grounds to believe that a person who is to be questioned by a New Zealand agency following a request under Article 91(1)(c) of the Statute has committed a crime within the jurisdiction of the ICC.
2: If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—
a: to remain silent, without such silence being a consideration in the determination of guilt or innocence; and
b: to have legal assistance of the person’s choosing, or, if the person does not have legal assistance, to have legal assistance assigned to the person, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
c: to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.
3: If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.
4: If the person seeks to have legal assistance assigned under subsection (2)(b), that assistance may be provided under the Legal Services Act 2000
5: This section does not give any person a power to require another person to answer questions. Statute art 55(2) Section 90(4) amended 1 February 2001 section 126(1) Legal Services Act 2000 Assistance in arranging service
91: Assistance in arranging service of documents
1: This section applies if the ICC requests assistance under any of Articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in New Zealand.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the person or body to be served is or may be in New Zealand.
3: If the Attorney-General gives authority for the request to proceed, the Attorney-General must forward the request for service to the appropriate New Zealand agency, and that agency must, without delay,—
a: use its best endeavours to have the process served—
i: in accordance with any procedure specified in the request; or
ii: if that procedure would be unlawful or inappropriate in New Zealand, or if no procedure is specified, in accordance with the law of New Zealand; and
b: transmit to the Attorney-General—
i: a certificate as to service, if the document is served; or
ii: a statement of the reasons that prevented service, if the document is not served.
4: In this section, document
a: a summons requiring a person to appear as a witness; and
b: a summons to an accused that has been issued under Article 58(7) of the Statute. 1995 No 27 s 35 Facilitating appearance of witnesses
92: Request for voluntary appearance of witness
1: This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
c: the witness is or may be in New Zealand.
3: In this section and sections 93 94 witness
a: a person who has been accused of an international crime in the proceedings to which the request relates; or
b: a prisoner who is detained in relation to an offence against New Zealand law. 1995 No 27 s 30(1)
93: Consent required and assurances may be sought
1: If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.
2: The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.
3: The Attorney-General may, at any time, ask the ICC to give 1 or more of the following assurances:
a: that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from New Zealand:
b: that the witness will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General:
c: an assurance relating to such other matters as the Attorney-General thinks appropriate. Statute art 93(2)
94: Attorney-General may facilitate appearance
1: The Attorney-General may assist in the making of arrangements to facilitate a witness’s attendance before the ICC if the Attorney-General is satisfied that—
a: the prospective witness has consented to giving the evidence or assistance requested; and
b: the ICC has given adequate assurances where appropriate.
2: The Attorney-General may—
a: approve and arrange the travel of the witness to the ICC; and
b: obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence,—
i: the variation, discharge, or suspension of the conditions of the person’s release from prison; or
ii: the variation, cancellation, or suspension of the person’s sentence, or of the conditions of the person’s sentence; and
c: take such other action for the purposes of subsection (1) as the Attorney-General thinks appropriate. 1995 No 27 ss 30(2) 31(3) Temporary transfer of prisoners
95: Request for temporary transfer of prisoner
1: This section applies if the ICC requests assistance under Article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the prisoner’s attendance is sought for the purposes of identification or for obtaining evidence or other assistance. Statute art 93(1)(f), (7)
96: Consent required and assurances may be sought
1: If the Attorney-General gives authority for the request to facilitate the temporary transfer of a New Zealand prisoner to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.
2: The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
3: The Attorney-General may ask the ICC to give 1 or more of the following assurances:
a: that the prisoner will not be released from custody without the prior approval of the Attorney-General:
b: that the prisoner will be returned to New Zealand without delay in accordance with arrangements agreed to by the Attorney-General:
c: an assurance relating to such other matters as the Attorney-General thinks appropriate.
97: Attorney-General may arrange for transfer
1: The Attorney-General may authorise the temporary transfer of a New Zealand prisoner to the ICC if the Attorney-General is satisfied that—
a: the prisoner has consented to giving the evidence or assistance requested; and
b: the ICC has given adequate assurances where appropriate.
2: If the Attorney-General authorises the temporary transfer of the prisoner to the ICC, the Attorney-General may—
a: direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and
b: make arrangements for the prisoner to travel to the ICC in the custody of—
i: a Police employee
ii: a prison officer; or
iii: a person authorised for the purpose by the ICC.
3: A direction given by the Attorney-General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.
4: Every person released under a direction given under subsection (2) is to be treated, for the purposes of section 120 in legal custody for the time being under the Corrections Act 2004
5: If there is any inconsistency between subsection (4) and the Corrections Act 2004 1995 No 27 s 31 Section 97(2)(b)(i) amended 1 October 2008 section 130(1) Policing Act 2008 Section 97(4) amended 1 June 2005 section 206 Corrections Act 2004 Section 97(5) amended 1 June 2005 section 206 Corrections Act 2004
98: Effect of transfer on prisoner’s sentence
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand is transferred to the ICC under section 97 section 99 section 90
2: If a prisoner who is serving a sentence for a New Zealand offence is transferred to the ICC under section 97
a: the prisoner is to be treated, while in custody outside New Zealand in connection with the request, as being in custody for the purposes of the New Zealand sentence, which continues to run; and
b: the Attorney-General—
i: may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
ii: must notify the ICC if the prisoner is no longer liable to be detained in a New Zealand prison. 1995 No 27 s 32 Section 98(1) amended 30 June 2002 section 125 Parole Act 2002
99: Request for information about time spent in custody overseas
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence section 97
a: advise the ICC of the date on which the prisoner was sentenced for the New Zealand offence; and
b: request the ICC to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was imposed for the New Zealand offence.
2: A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
3: The Attorney-General may issue a certificate setting out the date and period specified in subsection (1) if—
a: the ICC does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and
b: the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
4: For the purposes of section 91(4)
5: Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),—
a: a certificate requested under subsection (1) is obtained from the ICC; and
b: the time period specified in that certificate is different from that specified in the Attorney-General’s certificate.
6: If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4) Section 99(4) amended 30 June 2002 section 125 Parole Act 2002 Section 99(6) substituted 30 June 2002 section 125 Parole Act 2002 Examination of places or sites
100: Assistance in examining places or sites
1: This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in New Zealand.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested; and
ii: make such report on the examination as it considers to be appropriate in the circumstances; and
iii: deliver the report of the examination to the Attorney-General.
4: This section does not give any person a power to enter a place or site. Statute arts 19(8), 56, 64, 93(1)(g) Search and seizure
101: Request for search and seizure
1: This section applies if the ICC makes a request under any of Articles 19(8), 56, 64, or 93(1)(h) of the Statute for search and seizure.
2: The Attorney-General may give authority for the request to proceed if he or she is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: any thing relevant to the investigation or proceedings is or may be located in New Zealand.
3: If the Attorney-General gives authority for the request to proceed, he or she may authorise a constable section 102 1992 No 86 s 43 Section 101(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
102: Issue of search warrant
1: This section applies if an issuing officer (within the meaning of section 3 subpart 3 constable
a: any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or
b: any thing that may be evidence as to the commission of any such crime.
2: The provisions of subparts 1 to 5 7 9 10 sections 161 162
3:
4: 1995 No 27 s 48 Section 102(1) amended 1 October 2012 section 266(3) Search and Surveillance Act 2012 Section 102(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 102(2) replaced 1 October 2012 section 266(4) Search and Surveillance Act 2012 Section 102(3) repealed 1 October 2012 section 266(4) Search and Surveillance Act 2012 Section 102(4) repealed 1 October 2012 section 266(4) Search and Surveillance Act 2012
103: Form and content of search warrant
Section 103 repealed 1 October 2012 section 266(5) Search and Surveillance Act 2012
104: Powers conferred by warrant
Section 104 repealed 1 October 2012 section 266(5) Search and Surveillance Act 2012
105: Power to stop vehicles
Section 105 repealed 1 October 2012 section 266(5) Search and Surveillance Act 2012
106: Person executing warrant to produce evidence of authority
Section 106 repealed 1 October 2012 section 266(5) Search and Surveillance Act 2012
107: Report to Attorney-General on execution
1:
2: If a warrant issued under section 102 section 133
3: If a warrant issued under section 102 1999 No 55 s 88 Section 107 heading amended 1 October 2012 section 266(6) Search and Surveillance Act 2012 Section 107(1) repealed 1 October 2012 section 266(7) Search and Surveillance Act 2012 Section 107(2) amended 1 October 2012 section 266(8)(a) Search and Surveillance Act 2012 Section 107(2) amended 1 October 2012 section 266(8)(b) Search and Surveillance Act 2012 Section 107(3) amended 1 October 2012 section 266(9) Search and Surveillance Act 2012
108: Disposal of things seized
1: If a constable section 102
a: the Commissioner of Police; or
b: a constable who is of or above the level of position of inspector
2: The Commissioner of Police or designated constable
a: inform the Attorney-General, without delay, that the thing has been so delivered; and
b: retain the thing for a period not exceeding 3 months from the day on which the thing was seized, pending the Attorney-General’s direction under subsection (3) about how to deal with the thing; and
c: comply with any direction that the Attorney-General gives.
3: The Attorney-General may, by written notice, give the Commissioner of Police or designated constable
a: requiring the Commissioner of Police or designated constable
b: requiring the Commissioner of Police or designated constable
4: Subject to section 155 constable
a: the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceeding; or
b: no other direction is given by the Attorney-General before the expiry of 3 months from the day on which the thing was seized.
5: Despite subsection (4) , but subject to section 154
a: the thing is the subject of a dispute as to who is entitled to it; or
b: the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or
c: possession of the thing by the person would be unlawful in New Zealand. 1995 No 27 s 55 1999 No 55 s 89(3) Section 108(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(1)(b) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(3) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(3)(a) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(3)(b) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(4) amended 1 October 2012 section 266(10) Search and Surveillance Act 2012 Section 108(4) amended 1 October 2008 section 116(b) Policing Act 2008 Section 108(5) amended 1 October 2012 section 266(11) Search and Surveillance Act 2012 Provision of records and documents
109: Facilitating provision of records and documents
1: This section applies if the ICC makes a request under Article 93(1)(i) of the Statute for the provision of records and documents, including official records and documents.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the document or record sought is or may be in New Zealand.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to locate and make available the document or record sought; and
ii: make such report on its endeavours as it considers to be appropriate in the circumstances; and
iii: deliver the document or record, if located, to the Attorney-General.
4: This section does not give any person power to require the production of a document or record. 1992 No 86 s 32(2) Protecting victims and witnesses and preserving evidence
110: Protecting victims and witnesses and preserving evidence
1: This section applies if the ICC requests—
a: assistance under Article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:
b: assistance under Article 19(8), or paragraphs (2) or (3) of Article 56, in preserving evidence.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the assistance sought is not prohibited by New Zealand law.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must—
i: take such steps as the Attorney-General thinks appropriate in the particular case; and
ii: forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to give effect to the request; and
ii: make such report on its endeavours as it considers to be appropriate in the circumstances; and
iii: deliver the report to the Attorney-General. Statute arts 19(8), 56(2), (3), 68, 93(1)(j) Identifying, freezing, or seizing property associated with international crimes
111: Request relating to property associated with crime
1: This section applies if the ICC requests assistance under Article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
b: tainted property is or may be located in New Zealand. Statute arts 57(3)(e), 93(1)(k)
112: Attorney-General may authorise measures
1: If the Attorney-General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, the Attorney-General may authorise the appropriate New Zealand authority to apply for 1 or more of the following orders or warrants:
a: a search warrant under section 101 102
b: any restraining order made under the Criminal Proceeds (Recovery) Act 2009
c: a production order under section 104
2: If the ICC’s request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraining order, the Attorney-General may authorise the appropriate authority to register that order, and section 130 1992 No 86 ss 59–62 Section 112(1) substituted 1 December 2009 section 198 Criminal Proceeds (Recovery) Act 2009 Other types of assistance
113: Request for other types of assistance
1: This section applies if the ICC requests any other type of assistance under Article 93(1)(l) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
a: the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
b: the assistance sought is not prohibited by New Zealand law.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must—
i: take such steps as the Attorney-General thinks appropriate in the particular case; and
ii: forward the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: use its best endeavours to give effect to the request; and
ii: make such report on its endeavours as it considers to be appropriate in the circumstances; and
iii: deliver the report to the Attorney-General.
4: If the Attorney-General considers that the assistance sought cannot lawfully be provided, the Attorney-General must, before refusing the request, and in accordance with Article 93(5) of the Statute,—
a: consult with the ICC:
b: consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner. 1995 No 27 s 56 Restrictions on provision of assistance
114: Refusal of assistance
1: The Attorney-General must refuse a request by the ICC for assistance to which this Part applies if—
a: the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by Article 93(5) of the Statute and section 113(4)
b: the ICC determines under Article 18 or Article 19 of the Statute that the case to which the request relates is inadmissible and section 118(4)
c: section 120(4)
2: The Attorney-General may refuse a request by the ICC to which this Part applies if—
a: Part 8
b: there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4) section 119
c: there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) section 119
3: To avoid doubt,—
a: the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2)
b: the restrictions on assistance specified in the Mutual Assistance in Criminal Matters Act 1992
115: Postponement of execution of assistance
1: The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—
a: the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117
b: a ruling on admissibility is pending before the ICC and section 118
c: there are competing requests from the ICC and from another State to which New Zealand is under an international obligation and section 119(2)(a)
d: the request is for assistance under Article 93(1)(l) of the Statute and is one to which section 113(4)
e: a request of the kind referred to in section 120(2)(c)
2: Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request must be dealt with in accordance with this Part.
3: If the Attorney-General postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney-General considers it desirable, be extended from time to time. Statute arts 93(9), 94, 95
116: Procedure if execution of assistance precluded under New Zealand law
If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in New Zealand, despite any other provision in this Part, the Attorney-General must—
a: consider whether the assistance can be provided in another manner or subject to conditions; and
b: promptly consult with the ICC in order to resolve the matter. Statute art 93(3)
117: Postponement where ongoing investigation or prosecution
1: If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between the Attorney-General and the ICC.
2: Despite section 115(3)
3: Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to certain conditions.
4: If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under Article 93(1)(j) of the Statute, the Attorney-General must deal with that request in accordance with this Part. Statute art 94
118: Postponement where admissibility challenge
1: This section applies if the ICC is considering an admissibility challenge under Article 18 or Article 19 of the Statute in respect of a case that a request to which this Part applies relates.
2: If the ICC has not made an order under Article 18 or Article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may postpone the execution of the request until the ICC’s determination on admissibility is issued.
3: If the ICC has made an order under Article 18 or Article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but must deal with it under this Part.
4: If the ICC determines that the case to which the request relates is inadmissible, the request must be refused.
5: If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part. Statute art 95
119: Competing requests
1: If the Attorney-General receives competing requests for assistance from the ICC and from another State to which New Zealand is under an obligation to respond, the Attorney-General must endeavour, after consultation with the ICC and the other State, to satisfy both requests.
2: For the purposes of subsection (1), the Attorney-General may do either or both of the following:
a: postpone the execution of either of the competing requests:
b: attach conditions to the provision of assistance under either or both of the requests.
3: If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests must be resolved in accordance with Article 90 of the Statute, and sections 61 to 65 Statute arts 90, 93(9)(a)
120: Requests involving conflict with other international obligations
1: If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General must inform the ICC to enable it to direct its request to the other State or international organisation.
2: Subsections (3) to (5) apply if—
a: the ICC makes a request for assistance; and
b: the ICC has not previously made a final determination on whether or not Article 98(1) of the Statute applies to that request; and
c: a request is made to the ICC to determine whether or not Article 98(1) applies to the request for assistance
3: If this subsection applies, the Attorney-General
4: If the ICC advises that it does not intend to proceed with the request, the request for assistance must be refused.
5: If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part. Statute art 98(1) Section 120(2)(c) amended 7 August 2020 section 6(1) International Crimes and International Criminal Court Amendment Act 2020 Section 120(3) amended 7 August 2020 section 6(2) International Crimes and International Criminal Court Amendment Act 2020 Miscellaneous
121: Effect of authority to proceed
At any time before a formal response is sent to the ICC, the Attorney-General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 section 115
122: Request may relate to assistance sought by defence
To avoid doubt, if the ICC makes a request under Part 9 of the Statute to assist a defendant in the preparation of his or her defence, that request must be dealt with in the same manner as a request for assistance of a similar type, to assist the Prosecutor. Statute art 57(3)(b)
123: Execution of request by Prosecutor
1: The Prosecutor may execute a request that does not involve any compulsory measures on New Zealand territory in the circumstances specified in Article 99(4) of the Statute.
2: If the Attorney-General identifies difficulties with the execution of a request to which Article 99(4)(b) of the Statute relates, the Attorney-General must, without delay, consult with the ICC in order to resolve the matter.
3: The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under Article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under Article 99 of the Statute. Statute art 99(4), (5)
6: Enforcement of penalties
Orders relating to victim reparation
124: Assistance with enforcement of orders for victim reparation
1: This section applies if—
a: the ICC—
i: makes an order under Article 75 of the Statute requiring reparation; and
ii: requests that the order be enforced in accordance with Article 109 of the Statute; and
b: neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.
2: The Attorney-General may give authority for the request to proceed if he or she is satisfied that the order—
a: requires reparation; and
b: is of a kind that can be enforced in the manner provided in this section.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must refer the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: in a case where the order requires a monetary payment, take such steps as are necessary to enforce the order as if it were a sentence of reparation imposed under section 32
ii: in a case where the order requires the restitution of assets, property or other tangible items, take such steps as are necessary to enforce the order as if it were an order for the restitution of property made under section 404(1)
iii: in a case where the order requires another remedy, take such steps as are necessary to enforce the order as if it were enforceable under Part 6 High Court Rules 2016
c: that agency must, without delay, make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.
4: For the purposes of this section,—
a: section 145 Part 3
b: Part 6 High Court Rules 2016
5: Despite subsection (4), an order may not be made under Part 3
a: imposing a sentence for non-payment of an order of the ICC requiring monetary payment; or
b: modifying an order of the ICC made under Article 75 of the Statute, without the prior agreement of the ICC; or
c: remitting or directing that no further steps be taken to enforce all or any part of a sum of money due under an order made by the ICC, without the prior agreement of the ICC.
6: Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to an order made under Article 75 of the Statute. Statute arts 75(5), (6), 109(1) Section 124(3)(b)(i) amended 30 June 2002 section 186 Sentencing Act 2002 Section 124(3)(b)(iii) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 124(4)(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 124(4)(b) amended 18 October 2016 section 183(c) Senior Courts Act 2016
125: Enforcement of fines
1: This section applies if—
a: the ICC—
i: orders payment of a fine under Article 77(2)(a) of the Statute; and
ii: requests that the order be enforced in accordance with Article 109 of the Statute; and
b: neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order—
a: involves a monetary penalty; and
b: is of a kind that can be enforced in the manner provided in this section.
3: If the Attorney-General gives authority for the request to proceed,—
a: the Attorney-General must refer the request to the appropriate New Zealand agency; and
b: that agency must, without delay,—
i: take such steps as are necessary to enforce the order as if it were a fine imposed on conviction
ii: make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.
4: For the purposes of this section, Part 3
5: Despite subsection (4), an order may not be made under Part 3
a: imposing a sentence for non-payment of a fine imposed by the ICC; or
b: modifying an order of the ICC for payment of a fine, without the prior agreement of the ICC; or
c: remitting or directing that no further steps be taken to enforce all or any part of a fine payable under an order made by the ICC, without the prior agreement of the ICC.
6: Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under Article 77 of the Statute. Statute arts 77(2)(a), 109(1) Section 125(3)(b)(i) amended 30 June 2002 section 186 Sentencing Act 2002 Assistance with enforcement of forfeiture orders
126: Request for forfeiture of tainted property
1: This section applies if—
a: the ICC—
i: makes an order under Article 77(2)(b) of the Statute for the forfeiture of tainted property; and
ii: requests assistance under Article 109(1) of the Statute to enforce the forfeiture order; and
b: neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal.
2: The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order is of a kind that can be enforced in the manner provided in sections 127 to 131
3: If the Attorney-General gives authority for the request to proceed, the Attorney-General must refer the request to the Solicitor-General for registration of the forfeiture order in the manner provided in sections 127 to 129 1992 No 86 s 54
127: Solicitor-General may apply for registration
1: The Solicitor-General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.
2: On an application under subsection (1), the court must register the order or the amendment to the order under section 128
128: Method of registration of order
1: A forfeiture order, or an amendment to such an order, must be registered in the High Court by the registration in accordance with the prescribed procedure, if any, of—
a: a copy of the order or amendment sealed by the ICC; or
b: a copy of the order or amendment authenticated in accordance with subsection (2).
2: A document is authenticated for the purposes of subsection (1)(b) if it purports to be—
a: signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
b: authenticated in any other manner authorised by the Statute or the Rules.
3: An amendment to a forfeiture order does not, for the purposes of this Act and of the Criminal Proceeds (Recovery) Act 2009
4: A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order has the same effect, for the purposes of this Act and of the Criminal Proceeds (Recovery) Act 2009
5: Despite subsection (4), registration effected by means of a facsimile copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered. Section 128(3) amended 1 December 2009 section 199 Criminal Proceeds (Recovery) Act 2009 Section 128(4) amended 1 December 2009 section 199 Criminal Proceeds (Recovery) Act 2009
129: Notice of registration of order
If the High Court registers an order under section 128
a: give notice of the registration, in the manner and within the time the court considers appropriate, to such persons (other than a person convicted of an offence in respect of which the order was made) as the court has reason to believe may have an interest in the property:
b: publish notice of the registration in the manner and within the time the court considers appropriate. 1995 No 27 s 42(4)
130: Effect of registration of order
1: A forfeiture order registered under section 128
a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009
b: entered on the date of registration.
2: Subsection (1) applies subject to sections 132 133
3: If a forfeiture order is registered under section 128
a: subpart 3
b: the property must be disposed of, or otherwise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney-General may give such directions as may be necessary to give effect to that order or those directions; and
c: if, for any reason, the Attorney-General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney-General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.
4: A restraining order registered in accordance with section 112(2)
a: made under the Criminal Proceeds (Recovery) Act 2009
b: entered on the date of registration. Section 130 substituted 1 December 2009 section 200 Criminal Proceeds (Recovery) Act 2009
131: Forfeiture order may be treated as profit forfeiture order
1: If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General must take measures to recover—
a: the value specified by the ICC as the value of the tainted property ordered by the ICC to be forfeited; or
b: if the ICC has not specified the value of the tainted property, the value that, in the opinion of the Attorney-General, is the value of the tainted property ordered by the ICC to be forfeited.
2: In a case to which subsection (1) applies, the forfeiture order is to be treated as a profit forfeiture order for the equivalent amount and may be enforced accordingly as if it were a profit forfeiture order—
a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009
b: entered on the date of registration. Section 131 substituted 1 December 2009 section 200 Criminal Proceeds (Recovery) Act 2009
132: Third parties may apply for relief
1: If a forfeiture order is registered under section 128 section 133
2: A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court.
3: The High Court must not grant leave under subsection (2) unless it is satisfied that—
a: the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order; or
b: evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
c: there are special reasons justifying the grant of leave.
4: An application under subsection (1) must be made before the expiry of the period of 2 months beginning on the date on which the forfeiture order is registered in the High Court.
5: Despite subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on the person’s part.
6: A person who makes an application under subsection (1) must serve notice of the application on the Solicitor-General, who must be a party to any proceedings on the application.
7: This section and section 133 1991 No 120 s 23C 1992 No 86 s 57(1), (3)
133: Court may grant relief to third party
1: This section applies if—
a: a person applies to the High Court for an order under this section in respect of an interest in property; and
b: the court is satisfied that the applicant’s claim is valid.
2: If this section applies, the High Court must make an order—
a: declaring the nature, extent, and value of the applicant’s interest in the property; and
b: either—
i: directing that the interest be transferred to the applicant; or
ii: declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the court.
3: Despite subsection (2), the court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—
a: the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or
b: although the applicant acquired the interest at the time of or after the commission of the offence, it was not acquired in good faith and for value. 1995 No 27 s 46
134: Cancellation of registration of order
1: If a forfeiture order has been registered under section 128
2: Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to a forfeiture order if—
a: the order has, since its registration in New Zealand, ceased to have effect; or
b: the order was registered in contravention of section 126
c: the Attorney-General considers that cancellation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or
d: the ICC so requests.
3: If, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancellation of the registration of a forfeiture order, the court must cancel the registration accordingly.
4: If, under the Criminal Proceeds (Recovery) Act 2009 section 128 1995 No 27 s 47 Section 134(4) amended 1 December 2009 section 201 Criminal Proceeds (Recovery) Act 2009 Transfer of money or property recovered under this Part
135: Money or property recovered to be transferred to ICC
1: Any money or property, including the proceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC must be transferred to the ICC.
2: Subsection (1) applies—
a: subject to section 130(3)(b) and (3)(c)
b: despite any other provision in this Part or in any other Act. Statute arts 75(5), 109(3)
7: Persons in transit to ICC or serving sentences imposed by ICC
Person in transit
136: Transit by person being surrendered or transferred to ICC
1: This section and sections 137 138 150 to 156 transferee
a: is being surrendered to the ICC by another State under Article 89 of the Statute; or
b: is a person to whom Article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or
c: is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.
2: The transferee may be transported through New Zealand for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.
3: Before the transferee is transported through New Zealand under subsection (2), the ICC must first transmit a request for transit in accordance with Article 87 of the Statute that contains the following information and documents:
a: a description of the transferee:
b: in the case of a person described in subsection (1)(a),—
i: a brief statement of the facts of the case and their legal characterisation; and
ii: a copy of the warrant for arrest and surrender:
c: in the case of a person described in subsection (1)(b), such information as the Minister may request about the reasons for the temporary transfer.
4: Despite subsection (3), the Minister must not refuse a request for transit unless the Minister considers that transit through New Zealand would impede or delay the surrender or transfer of the transferee.
5: Despite subsection (3), no authorisation for transit is required if the transferee is transported by air and no landing is scheduled on New Zealand territory.
6: If an unscheduled landing occurs on New Zealand territory, the Minister may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable. 1992 No 86 s 42 1999 No 55 s 90(1), (2)
137: Transferee to be held in custody
1: The transferee must, during the period of transit, be detained in custody in accordance with subsection (2).
2: If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—
a: the person holding the transferee in custody before the landing or call is made may hold the transferee in his or her custody or in Police custody for a period not exceeding 96 hours; and
b: the District Court constable
3: If an unscheduled landing occurs and the ICC is required under section 136(6)
4: If subsection (3) applies, the period of detention of the transferee may not be extended beyond 96 hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.
5: If the District Court section 42 1999 No 55 s 90(4) Section 137(2)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 137(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 137(5) amended 1 March 2017 section 261 District Court Act 2016
138: Minister must make removal order or issue certificate
1: If a transferee is not removed before or at the expiry of all periods of custody under section 137(2)
a: make a removal order under section 153
b: issue a certificate under section 150
2: Despite subsection (1), no removal order may be made under section 153
a: the Minister first consults with the ICC; and
b: it is not possible for the Minister and the ICC to reach agreement relating to the prompt removal of the transferee.
3: The Minister may not issue the certificate referred to in subsection (1)(b) unless the Minister is satisfied that, because of the special circumstances of the transferee, it would be inappropriate to make a removal order. 1999 No 55 s 93(1) Enforcement of sentences in New Zealand
139: New Zealand may act as State of enforcement
1: The Minister may advise the ICC that New Zealand is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in New Zealand, subject to any specified conditions.
2: If advice is given under subsection (1), the Minister may, at any time, advise the ICC—
a: of further conditions that New Zealand wishes to impose in relation to the serving of sentences in New Zealand by ICC prisoners; or
b: that it wishes to withdraw a condition referred to in subsection (1) or paragraph (a).
3: Before providing advice under subsection (1) or subsection (2), the Minister must consult with—
a: the Commissioner of Police; and
b: the chief executive of the Department of Corrections; and
c: the chief executive of the Department of Labour.
4: If advice is given under subsection (1), the Minister may, at any time, advise the ICC that New Zealand is no longer willing to allow ICC prisoners to serve their sentences in New Zealand.
5: Any advice given under subsection (4) does not affect the enforcement of sentences for which the Minister has accepted the designation of the ICC under section 140(1)(c) Statute art 103(1), (2)
140: Request for sentence to be served in New Zealand
1: This section and sections 141 to 156
a: the Minister has given advice under section 139(1)
b: the ICC imposes a sentence of imprisonment on a person—
i: convicted of an international crime; or
ii: convicted of an offence against the administration of justice; and
c: the ICC designates New Zealand, under Article 103 of the Statute, as the State in which the sentence is to be served.
2: If the Minister accepts the designation, the Minister must issue an order for detention in the prescribed form, and forward that order and any information about the person supplied by the ICC to each of the following persons:
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections:
c: the chief executive of the Department of Labour.
3: The Minister may, at any time, ask the ICC to give 1 or more of the following assurances:
a: that all or part of the transportation costs incurred by New Zealand in the enforcement of the sentence will be met by the ICC:
b: that the ICC will arrange for the transportation of the ICC prisoner who is the subject of the designation,—
i: to New Zealand, for the purpose of enabling his or her sentence to be enforced in New Zealand; or
ii: from New Zealand, on the completion of the sentence, or if the ICC prisoner is to be transferred to another country:
c: an assurance relating to such other matters as the Minister thinks appropriate.
141: Prisoner to be held in custody
1: If the Minister accepts the designation of New Zealand as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to New Zealand in the custody of—
a: a Police employee
b: a prison officer; or
c: a person authorised for the purpose by the ICC.
2: On arrival in New Zealand or, if the person is already in New Zealand when the sentence is imposed, on the imposition of the sentence, the ICC prisoner must be detained in accordance with the Corrections Act 2004
3: Despite subsection (2) and any other enactment,—
a: the ICC prisoner has the right to communicate on a confidential basis with the ICC, without impediment from any person:
b: a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner:
c: the ICC prisoner must not, without the prior agreement of the ICC, be—
i: temporarily released from custody under section 62
ii: temporarily removed from prison under section 62
d: the Minister must advise the ICC if the ICC prisoner is transferred to a hospital under section 62 Statute arts 106, 110(1) Section 141(1)(a) amended 1 October 2008 section 130(1) Policing Act 2008 Section 141(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 141(3)(c) substituted 1 June 2005 section 206 Corrections Act 2004 Section 141(3)(d) substituted 1 June 2005 section 206 Corrections Act 2004
142: Order for detention to act as authority for detention
The order for detention issued by the Minister under section 140(2) Corrections Act 2004
a: until the ICC prisoner completes, or is released from, the sentence or is transferred to another country; and
b: during any further period that the ICC prisoner is required to serve the sentence if the ICC makes an order for recall of the prisoner. Section 142 amended 1 June 2005 section 206 Corrections Act 2004
143: Parole Act 2002
1: The administration of a sentence of imprisonment imposed by the ICC that is served in New Zealand, including any decision to release or transfer the ICC prisoner, must be undertaken in accordance with Part 10 of the Statute and the Rules.
2: The Parole Act 2002
3: If, in relation to the administration of a sentence of imprisonment imposed for an offence against the administration of justice that is served in New Zealand by an ICC prisoner, there is any inconsistency between the provisions of the Parole Act 2002 Statute arts 106(1), 110(1), (2) Section 143 heading amended 30 June 2002 section 125 Parole Act 2002 Section 143(2) amended 30 June 2002 section 125 Parole Act 2002 Section 143(3) amended 30 June 2002 section 125 Parole Act 2002
144: Transfer of prisoner to ICC for review of sentence
1: This section applies if the ICC, under Article 110 of the Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in New Zealand.
2: The Minister must direct that the prisoner be transferred to the ICC for the purposes of enabling the ICC to review the prisoner’s sentence if the Minister is satisfied that—
a: the prisoner is entitled to appear before the ICC at the review of the prisoner’s sentence; or
b: the ICC has requested the prisoner to appear before it at the review; or
c: the interests of justice require the prisoner’s attendance at the ICC.
3: If the Minister gives a direction under subsection (2), the Minister must forward a notice of the direction to each of the following persons:
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections:
c: the chief executive of the Department of Labour.
4: On the giving of a direction under subsection (2), the prisoner may be transported to the ICC and, if necessary, from the ICC in the custody of—
a: a Police employee
b: a prison officer; or
c: a person authorised for the purpose by the ICC. Statute arts 105(2), 110(3), (5) Section 144(4)(a) amended 1 October 2008 section 130(1) Policing Act 2008
145: Transfer of prisoner to ICC for other purposes
1: This section applies if the ICC—
a: directs that an ICC prisoner appear before it to give evidence in another case; or
b: requests that an ICC prisoner appear before it for any other reason.
2: The Minister,—
a: if subsection (1)(a) applies, must direct that the ICC prisoner be transferred to the ICC:
b: if subsection (1)(b) applies, may direct that the ICC prisoner be transferred to the ICC if the Minister is satisfied that the interests of justice require the prisoner’s attendance at the ICC.
3: If the Minister gives a direction under subsection (2), section 144(3) and (4)
4: This section does not apply if the request by the ICC is a request to which section 95(1)
146: Transfer of prisoner to another State to complete sentence
If an ICC prisoner of any nationality is to be transferred from New Zealand to another State to complete that sentence, the prisoner may be transported from New Zealand to that State in the custody of—
a: a Police employee
b: a prison officer; or
c: a person authorised for the purpose by the ICC. Statute art 104(1) Section 146(a) amended 1 October 2008 section 130(1) Policing Act 2008
147: Minister must make removal order or issue certificate
1: If an ICC prisoner is to complete his or her sentence in New Zealand or to be released at the direction of the ICC while in New Zealand and the prisoner is not a New Zealand citizen, the Minister must, before the date of completion or release, either—
a: make a removal order under section 153
b: issue a certificate under section 150
2: The Minister must not issue the certificate referred to in subsection (1)(b) unless the Minister is satisfied that,—
a: because of the special circumstances of the ICC prisoner, it would be inappropriate to make a removal order; or
b: it is desirable to issue a certificate under section 150
3: This section applies subject to section 148 Statute art 107(1)
148: Special rules in certain cases
1: An ICC prisoner serving a sentence in New Zealand may—
a: be extradited to another country in accordance with the Extradition Act 1999
i: at the completion of the sentence; or
ii: during the sentence, but only for a temporary period; or
b: be required to remain in New Zealand in order to serve any sentence that the prisoner is liable to serve under New Zealand law; or
c: be required to remain in New Zealand to undergo trial for an offence under New Zealand law.
2: Despite subsection (1),—
a: a person to whom subsection (1)(a) applies may not be extradited to another country without the prior agreement of the ICC:
b: a person to whom subsection (1)(b) or subsection (1)(c) applies may not be required to serve a sentence in New Zealand or to undergo trial for an offence under New Zealand law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 140(1)(c)
3: Subsection (2) does not apply to a person who—
a: remains voluntarily in New Zealand for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or
b: voluntarily returns to New Zealand after having left it. Statute arts 107(3), 108
149: Extradition of escaped ICC prisoner
1: Subsection (2) applies if—
a: an ICC prisoner serving a sentence in another State escapes from custody and is located in New Zealand; and
b: the State designated by the ICC as the State of enforcement of the sentence makes a request to New Zealand for extradition in accordance with Article 111 of the Statute.
2: If this subsection applies, the Extradition Act 1999
a: with any necessary modifications; and
b: as if the request related to a person who had been convicted of an extradition offence, within the meaning of section 2
3: Subsection (4) applies if—
a: an ICC prisoner serving a sentence in New Zealand escapes from custody and is located in another State; and
b: the Minister wishes to make a request to that State for the person’s extradition in accordance with Article 111.
4: If this subsection applies, the Minister may make a request for the prisoner’s extradition under Part 6
a: with any necessary modifications; and
b: as if the request related to a person who had been convicted of an extradition offence, within the meaning of section 2 Statute art 111 Certificates and removal orders
150: Certificate giving temporary authority to remain in New Zealand
1: A certificate issued by the Minister under this section—
a: may be issued for a period, not exceeding 3 months, specified in the certificate; and
b: may, from time to time, be renewed for 1 further period not exceeding 3 months; and
c: may, if the Minister thinks fit, order that the person named in the certificate be taken into custody.
2: The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in New Zealand.
3: If the Minister issues a certificate, the Minister may refer the person’s case to the Minister of Immigration for consideration under section 61
4: Except as provided in subsection (3), nothing in the Immigration Act 2009 1999 No 55 s 94(1)–(4) Section 150(3) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 150(4) amended 29 November 2010 section 406(1) Immigration Act 2009
151: Cancellation of certificate
The Minister must cancel the certificate issued under section 150 section 153
a: where the Minister referred the person’s case to the Minister of Immigration under section 150(3)
i: the Minister of Immigration declines to grant a visa under the Immigration Act 2009
ii: there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in New Zealand:
b: in any other case, there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in New Zealand. 1999 No 55 s 94(5) Section 151(a)(i) substituted 29 November 2010 section 406(1) Immigration Act 2009
152: Further provisions relating to certificate
1: If a certificate issued under section 150 constable
2: A person who is taken into custody under this section must, unless sooner released, be brought before a District Court Judge as soon as possible and, after that, every 21 days while the certificate is in force to determine, in accordance with subsection (3), if the person should be detained in custody or released pending the decisions referred to in section 151
3: If a person is brought before a District Court Judge under subsection (2), the Judge may, if the Judge is satisfied that the person is the person named in the certificate,—
a: issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or
b: order the release of the person subject to such conditions, if any, that the Judge thinks fit.
4: A warrant for the detention of the person issued under subsection (3)(a) may authorise the detention of the person in a prison or any other place in which a person could be detained under section 42 1999 No 55 s 95 Section 152(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
153: Removal order
1: A removal order made by the Minister under this section—
a: may either—
i: require the person who is the subject of the order to be released into or taken into the custody of a Police employee
ii: if the person is not in custody, authorise any Police employee
b: must specify that the person is to be taken by a Police employee
c: may authorise the detention in custody of the person while awaiting removal from New Zealand.
2: The removal order must be served on the person named in the order by personal service.
3: If the removal order authorises the detention of the person in custody, the person may be detained—
a: in a prison, or any other place in which a person could be detained under section 42
b: at a seaport or airport.
4: A removal order made under this section continues in force until it is executed or cancelled.
5: In this section, personal service 1999 No 55 s 96 Section 153(1)(a)(i) amended 1 October 2008 section 130(1) Policing Act 2008 Section 153(1)(a)(ii) amended 1 October 2008 section 130(1) Policing Act 2008 Section 153(1)(b) amended 1 October 2008 section 130(1) Policing Act 2008
154: Delay in removal
1: If a person is not able to be conveyed out of New Zealand within 48 hours after service of a removal order issued under section 153
2: If a person is brought before a District Court Judge under subsection (1), the Judge may, if the Judge is satisfied that the person is the person named in the order,—
a: issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or
b: order the release of the person subject to such conditions, if any, that the Judge thinks fit.
3: A warrant for the detention of the person issued under subsection (2)(a) may authorise the detention of the person in any place specified in section 153(3)
155: Immigration
visa A person to whom this Part applies is not required to hold a visa under the Immigration Act 2009 Section 155 heading amended 29 November 2010 section 406(1) Immigration Act 2009 Section 155 amended 29 November 2010 section 406(1) Immigration Act 2009
156: New Zealand citizens
Nothing in this Part authorises the making of a removal order under section 153 1999 No 55 s 97
8: Protection of national security or third party information
National security
157: National security issues to be dealt with under Article 72
If an issue relating to New Zealand’s national security interests arises at any stage of any proceedings before the ICC, the issue must be dealt with in the manner provided in Article 72 of the Statute and this Part. Statute art 72(1), (4)
158: Part 9 request involving national security
1: If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Attorney-General, prejudice New Zealand’s national security interests, that request must be dealt with in accordance with the process specified in sections 161 162
2: If, having followed the specified process the matter is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be. Statute arts 72(1), 93(4), 99(5)
159: Information or evidence involving national security
1: This section applies if a person who has been requested to give information or evidence—
a: refuses to do so on the ground that disclosure would prejudice the national security interests of New Zealand; or
b: refers the matter to the Attorney-General on the ground that disclosure would prejudice the national security interests of New Zealand.
2: If this section applies, the Attorney-General must determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice New Zealand’s national security interests.
3: If the Attorney-General confirms that he or she is of the opinion that disclosure would prejudice New Zealand’s national security interests, the matter must be dealt with in accordance with the process specified in sections 161 162
4: If, having following the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be. Statute arts 72(2), 93(4)
160: Other situations involving national security
1: If, in any circumstances other than those specified in sections 158 159 sections 161 162
2: Without limiting subsection (1), this section applies if the Attorney-General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with Article 72(4) of the Statute.
3: If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under Article 72(7)(b)(i) of the Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be. Statute arts 72(4), (7)(b)(i), 93(4)
161: Consultation with ICC required
The Attorney-General must consult with the ICC and, if appropriate, the defence, in accordance with Article 72(5) of the Statute. Statute art 72(5)
162: Procedure where no resolution
1: If, after consultation, the Attorney-General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to New Zealand’s national security interests, the Attorney-General must notify the ICC, in accordance with Article 72(6) of the Statute, of the specific reasons for his or her decision, unless a specific description of the reasons would result itself in prejudice to New Zealand’s national security interests.
2: The Attorney-General must use his or her best endeavours with a view to reaching a mutually satisfactory outcome if—
a: the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused; and
b: the issue of disclosure arises in the circumstances specified in section 158 section 159
c: the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte
3: The Attorney-General must comply with an ICC disclosure order if—
a: the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the defendant; and
b: the issue of disclosure arises in the circumstances specified in section 160(1)
c: the ICC orders disclosure in accordance with Article 72(7)(b)(i) of the Statute. Statute arts 72(6), (7), 93(4)
163: Attorney-General must take into account ICC’s ability to refer matter to Security Council
In determining what action to take in relation to a matter to which this Part applies, the Attorney-General must take into account the power of the ICC to refer a matter to the Assembly of States Parties or to the Security Council in accordance with Article 87(7) of the Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Statute. Statute arts 72(7)(a)(ii), 87(7) Information provided by third party
164: Disclosure of information provided by third party
1: If the ICC requests the provision of a document or information that was provided or disclosed to New Zealand in confidence by another State, intergovernmental organisation, or international organisation, the Attorney-General must seek the consent of the originator before providing that document or information to the ICC.
2: If the originator is a State Party that consents to disclosure of the information or document, the Attorney-General must, subject to Article 72 of the Statute, provide that information or document to the ICC.
3: If the originator is a State Party that undertakes to resolve the issue of disclosure with the ICC under Article 73, the Attorney-General must inform the ICC of that undertaking.
4: If the originator is not a State Party and refuses to consent to disclosure, the Attorney-General must inform the ICC that he or she is unable to provide the document or information because of an existing obligation of confidentiality to the originator. Statute arts 72, 73
165: Request for New Zealand’s consent to disclosure
1: If a request is received from another State for New Zealand’s consent to the disclosure to the ICC of a document or information that had been disclosed to the State in confidence, the Attorney-General must either—
a: consent to the disclosure; or
b: undertake to resolve the matter with the ICC.
2: The provision of an undertaking under subsection (1)(b) does not prevent the Attorney-General from refusing the assistance sought in accordance with section 164(4) Statute art 73
9: Investigations or sittings of ICC in New Zealand
166: Prosecutor may conduct investigations in New Zealand
The Prosecutor may conduct investigations in New Zealand territory—
a: in accordance with the provisions of Part 9 of the Statute and as specified in section 27
b: as authorised by the Pre-Trial Chamber under Article 57(3)(d) of the Statute. Statute arts 54(3), 57(3)(d), 99(1), (4)
167: ICC sittings in New Zealand
The ICC may sit in New Zealand for the purpose of performing its functions under the Statute and under the Rules, including, without limitation,—
a: taking evidence; or
b: conducting or continuing a proceeding; or
c: giving judgment in a proceeding; or
d: reviewing a sentence. 1995 No 27 s 36
168: ICC’s powers while sitting in New Zealand
While the ICC is sitting in New Zealand, it may exercise its functions and powers as provided under the Statute and under the Rules. 1995 No 27 s 37
169: ICC may administer oaths in New Zealand
The ICC may, at any sitting of the ICC in New Zealand, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC. 1995 No 27 s 38(1)
170: Orders made by ICC not subject to review
No application for review under the Judicial Review Procedure Act 2016 1995 No 27 s 39 Section 170 amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
171: Power to detain ICC prisoners in New Zealand prisons if ICC holds sitting in New Zealand
1: A person in New Zealand must be kept in custody as the Minister directs in writing if—
a: the ICC holds any sitting in New Zealand; and
b: the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in New Zealand.
2: A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.
3: If an ICC prisoner is directed to be detained in a prison under subsection (1), the Corrections Act 2004
4: For the purposes of section 120 section 121 1957 No 87 s 20(4) 1992 No 86 s 15(1)–(3) Section 171(3) amended 1 June 2005 section 206 Corrections Act 2004
172: Removal of ICC prisoner
If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 171(1) sections 150 to 156
10: Requests to ICC for assistance
173: Attorney-General or Minister may request assistance from ICC
The Attorney-General or the Minister, as the case may be, may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under New Zealand law is a term of imprisonment of not less than 5 years. 1992 No 86 ss 7 8
174: Making of request
An urgent request for assistance may be made or transmitted to the ICC in the manner specified in section 26(1) Statute art 96(4)
175: Types of requests to ICC
A request may be made under this Part for any assistance that the ICC may lawfully give including, without limitation,—
a: the transmission of statements, documents, or other types of evidence obtained in the course of an investigation or a trial conducted by the ICC; and
b: the questioning of any person detained by order of the ICC. Statute art 93(10)(b)(i)
176: Mutual Assistance in Criminal Matters Act 1992 applies to requests
Part 2
177: Extradition Act 1999 applies to requests for surrender
Part 6
11: Miscellaneous provisions and consequential amendments
Miscellaneous provisions
178: Certificates given by Attorney-General
1: If the Attorney-General receives a request for assistance from the ICC to which Part 5
a: that a request for assistance has been made by the ICC:
b: that the request meets the requirements of this Act:
c: that the acceptance of the request has been duly made under and in accordance with this Act.
2: In any proceeding under this Act, a certificate purporting to have been given under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate. 1995 No 27 s 58
179: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the procedure to be followed in dealing with requests made by the ICC, and providing for notification of the results of action taken in accordance with any such request:
b: prescribing the procedures for obtaining evidence or producing documents or other articles in accordance with a request made by the ICC:
c: providing for the payment of fees, travelling allowances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made by the ICC:
d: prescribing conditions for the protection of any property sent to the ICC pursuant to a request made under this Act, and making provision for the return of property in New Zealand in accordance with a request:
e: prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms:
f: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 1995 No 27 s 60 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 179(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
180: Regulations to implement Rules of Evidence and Procedure
1: Without limiting section 179
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 180(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments to Crimes Act 1961
181: Amendments to Crimes Act 1961
Amendment(s) incorporated in the Act(s) Consequential amendment to Criminal Justice Act 1985 Heading repealed 30 June 2002 section 125 Parole Act 2002
182: Amendment to Criminal Justice Act 1985
Section 182 repealed 30 June 2002 section 125 Parole Act 2002 Consequential amendment to Diplomatic Privileges and Immunities Act 1968
183: Amendment to Diplomatic Privileges and Immunities Act 1968
Amendment(s) incorporated in the Act(s) Consequential amendment to Extradition Act 1999
184: Amendment to Extradition Act 1999
Amendment(s) incorporated in the Act(s) Consequential amendment to Geneva Conventions Act 1958
185: Amendment to Geneva Conventions Act 1958
Amendment(s) incorporated in the Act(s) Consequential amendment to Penal Institutions Act 1954 Heading repealed 1 June 2005 section 208(1) Corrections Act 2004
186: Amendment to Penal Institutions Act 1954
Section 186 repealed 1 June 2005 section 208(1) Corrections Act 2004 Consequential amendments to Proceeds of Crime Act 1991
187: Amendments to Proceeds of Crime Act 1991
Amendment(s) incorporated in the Act(s)
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DLM66098
|
2000
|
Ministry of Economic Development Act 2000
|
1: Title
This Act is the Ministry of Economic Development Act 2000.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to give effect to the Ministry of Commerce's change of name to the Ministry of Economic Development.
4: Act to bind the Crown
This Act binds the Crown.
5: Transitional provisions relating to references to Ministry of Commerce, etc
Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or in any other document in force immediately before the commencement of this Act,—
a: every reference to the Ministry of Commerce is, on and after that commencement, to be read as a reference to the Ministry of Economic Development:
b: every reference to the Secretary of Commerce is, on and after that commencement, to be read as a reference to the chief executive of the Ministry of Economic Development.
6: Transitional provisions relating to proceedings in name of Secretary of Commerce
1: Any action initiated before the commencement of this Act by the Secretary of Commerce under the authority of an enactment that formerly referred to the Secretary of Commerce may be continued and completed by the chief executive of the Ministry of Economic Development.
2: Any proceedings to which the Secretary of Commerce is a party before the commencement of this Act may be continued, completed, and enforced by or against the chief executive of the Ministry of Economic Development.
3: This section applies for the avoidance of doubt.
7: Transitional provisions relating to consents, etc
1: Any consent, licence, permit, approval, delegation, or remission given or granted by the Secretary of Commerce that was in force immediately before the commencement of this Act continues in force on and after that commencement until it is transferred, amended, or revoked by the chief executive of the Ministry of Economic Development.
2: This section applies for the avoidance of doubt.
8: Consequential amendments to other enactments
1: The Acts specified in Schedule 1
2: The regulations specified in Schedule 2
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DLM67151
|
2000
|
Pardon for Soldiers of the Great War Act 2000
|
1: Title
This Act is
the Pardon for Soldiers of the Great War Act 2000.
2: Commencement
This Act comes
into force on the day after the date on which it receives the Royal
assent.
3: Act to bind the Crown
This Act binds
the Crown.
4: Purpose
The purpose
of this Act is—
a: to pardon 5 soldiers of the New Zealand
Expeditionary Force who served as volunteers in the Great War and
who were executed in 1 case for mutiny and in the other 4 cases for
desertion; and
b: to remove, so far as practicable, the
dishonour that the execution of those 5 soldiers brought to those
soldiers and their families.
5: Pardon of Private Braithwaite
1: Private John
Braithwaite, regimental number 24/1521, a member of the 2nd Battalion,
Otago Regiment,—
a: who was charged with having committed
on 28 August 1916 the offence of mutiny; and
b: who, by a General Court Martial held
on 11 October 1916, was convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 29 October 1916,— is, by this Act, granted a pardon for that offence of mutiny.
2: The soldier
to whom subsection (1) relates (who originally enlisted as a volunteer
under the name of Jack Braithwaite on 29 May 1915 and was then
given the regimental number of 24/58) was re-attested under the name
of John Braithwaite on 10 November 1915 and was then given the
regimental number 24/1521.
6: Pardon of Private Hughes
Private Frank
Hughes, regimental number 24/2008, a member of the 2nd Battalion,
Canterbury Regiment,—
a: who was charged with having committed
on 29 July 1916 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 12 August 1916, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 25 August 1916,— is, by this Act, granted a pardon for that offence of desertion.
7: Pardon of Private King
Private John
King, regimental number 6/1598, a member of the 1st Battalion, Canterbury
Regiment,—
a: who was charged with having committed
on 30 May 1917 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 5 August 1917, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 19 August 1917,— is, by this Act, granted a pardon for that offence of desertion.
8: Pardon of Private Spencer
Private Victor
Manson Spencer, regimental number 8/2733, a member of the 1st Battalion,
Otago Regiment,—
a: who was charged with having committed
on 13 August 1917 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 17 January 1918, convicted of that offence and sentenced
to death; and
c: who was again sentenced to death on 29 January
1918 after the Field General Court Martial had revised its finding
and had convicted him of having committed the offence of desertion
not on 13 August 1917 but on 25 August 1917; and
d: who was, after the sentence of death
imposed on him on 29 January 1918 had been confirmed, executed
by firing squad in accordance with that sentence on 24 February
1918,— is, by this Act, granted a pardon for that offence of desertion.
9: Pardon of Private Sweeney
Private John
Joseph Sweeney, regimental number 5/1384, a member of the 1st Battalion,
Otago Regiment,—
a: who was charged with having committed
on 25 July 1916 the offence of desertion; and
b: who was, by a Field General Court Martial
held on 13 September 1916, convicted of that offence and sentenced
to death; and
c: who was, after the sentence of death
had been confirmed, executed by firing squad in accordance with that
sentence on 2 October 1916,— is, by this Act, granted a pardon for that offence of desertion.
10: Effect of pardons
The pardons
effected by sections 5 to 9
a: the harsh discipline that was believed
at the time to be required; and
b: the application of the death penalty
for military offences being seen at that time as an essential part
of maintaining military discipline.
11: Restoration of memory
The Government
of New Zealand must, in relation to each soldier granted a pardon
by this Act,—
a: note in its official records and, in
particular, on the personal file of the soldier, the pardon granted
to him and its effect; and
b: notify the Commonwealth War Graves Commission
of the pardon granted to the soldier by this Act; and
c: take such other steps as, in its opinion,
are reasonable or desirable to restore the memory of the soldiers
granted pardons by this Act.
12: Act not to create right to compensation
Nothing in this
Act—
a: confers any right to compensation; or
b: is to be relied on in any proceedings
as a basis for any claim to compensation,—
i: for harm caused by; or
ii: losses claimed to have flowed from the
consequences of— any of the convictions specified in sections 5 to 9
13: Scope of Act
This Act—
a: has effect only in relation to the offences
and convictions specified in sections 5 to 9
b: is not to be regarded as having effect
in relation to any other offence or any other conviction.
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DLM67172
|
2000
|
Archives, Culture, and Heritage Reform Act 2000
|
1: Title
This Act is the Archives, Culture, and Heritage Reform Act 2000.
2: Commencement
This Act comes into force on 1 October 2000.
3: Purpose
The purpose of this Act is—
a: to provide for the transfer of staff and resources from the Department of Internal Affairs to a new department of State responsible for the National Archives; and
b: to facilitate the transfer of—
i: certain functions under the Archives Act 1957
ii: administration of that Act; and
c: to facilitate the transfer of—
i: functions currently performed by the Minister of Internal Affairs under the Protected Objects Massey Burial-ground Act 1925 National War Memorial Act 1992 Patriotic and Canteen Funds Act 1947
ii: functions currently performed by the Minister of Conservation under the Historic Places Act 1993
iii: administration of those enactments; and
d: to provide for matters ancillary to the transfer of certain functions from the Department of Internal Affairs to the Ministry for Culture and Heritage; and
e: to amend related enactments and to provide for related matters. Section 3(c)(i) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
1: Preliminary provisions and transfer of employees
4: Interpretation
In this Act, unless the context otherwise requires,— responsible department Archives Act 1957 responsible ministry Arts Council of New Zealand Toi Aotearoa Act 2014 transferred employee section 5 Section 4 responsible ministry amended 30 April 2014 section 27 Arts Council of New Zealand Toi Aotearoa Act 2014
5: Transfer of employees
1: Every person who is employed in the Department of Internal Affairs immediately before the date of commencement of this Act must be treated as having transferred to the responsible department on that date of commencement if—
a: the person is carrying out duties that on or after that date are to be carried out, in whole or in part, by the responsible department; and
b: the person's transfer to the responsible department is agreed between the chief executive of the Department of Internal Affairs and the chief executive of the responsible department.
2: The transfer of any employee by this section is subject to any relevant transfer provisions of the employment contract applying to that employee. 1998 No 106 s 3 1999 No 76 s 3 2000 No 14 s 32
6: Protection of terms and conditions for transferred employee
1: The employment of a transferred employee must be on terms and conditions no less favourable than those applying to the employee immediately before the date of the person's transfer to the responsible department.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the responsible department; but
b: does not apply to a transferred employee who, after the transfer, receives any subsequent appointment within the responsible department. 1998 No 106 s 4 1999 No 76 s 4 2000 No 14 s 33
7: Employment to be continuous
For the purposes of any provisions of a transferred employee's employment contract relating to continuity of service, that employee's transfer from the Department of Internal Affairs to the responsible department is insufficient by itself to break his or her employment. 1998 No 96 s 4 1999 No 76 s 5 1999 No 82 s 5
8: No compensation for technical redundancy
A transferred employee is not entitled to receive any compensation for redundancy or any severance payment solely on the ground that—
a: the position held by that employee in the Department of Internal Affairs has ceased to exist; or
b: the person has ceased to be an employee of the Department of Internal Affairs as a result of his or her transfer to the responsible department. 1998 No 96 s 5 1998 No 106 s 7 1999 No 76 s 7 2000 No 14 s 35
2: Transfer of obligations and functions, and other related matters
9: Transfer of contracts or leases not to give rise to claims
1: No person has any claim against the Crown for breach of any contract merely because the administration of the contract, or the benefit or burden of the contract, is transferred (in whole or in part) to the responsible department or the responsible ministry, whether that transfer takes place before, on, or after the commencement of this Act.
2: Subsection (1) applies—
a: whether or not the person has agreed to the transfer; and
b: whether or not the transfer involves the responsible department or the responsible ministry (and its employees) gaining access to any information, data, programme, intellectual property right, know-how, chattel, equipment, transmission device, or facility of the claimant or any other person.
3: No person has any claim against the Crown for breach of any lease of any premises that are, or are to be, occupied or administered (in whole or in part) by the responsible department or the responsible ministry merely because of that occupation or administration of the premises by the responsible department or the responsible ministry.
4: Subsection (3) applies whether or not the person has agreed to the occupation or administration of the premises by the responsible department or the responsible ministry. 1998 No 96 s 6 1999 No 82 s 7
10: References to functions being transferred to responsible department or responsible ministry
1: Unless the context otherwise requires, in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act, the references specified in subsections (2) and (3) must be read in the manner indicated in those subsections.
2: Every reference to the Secretary for Internal Affairs, when used in relation to the National Archives, is a reference to the chief executive of the responsible department.
3: Every reference to the Secretary for Internal Affairs, when used in relation to 1998 No 96 s 10 1999 No 82 s 11
11: Savings relating to brands, logos, marks, etc
All names, brands, stamps, logos, emblems, marks, forms, and other representation or documents that were in use by the Department of Internal Affairs at any time before the date of commencement of this Act for the purposes of the National Archives, the Heritage Property Unit, the Historical Branch, or the Dictionary of New Zealand Biography—
a: continue to have effect in relation to anything done before that date; and
b: may continue to be used, and are to have effect, for the purposes of the functions, duties, and powers of the responsible department or the responsible ministry, as the case may be. 1997 No 100 s 6 1998 No 96 s 8 1999 No 82 s 9
12: Amendments to other Acts
The Acts specified in the Schedule
13: Revocation
The State Sector Order (No 2) 1990 (SR 1990/171)
|
DLM67834
|
2000
|
Student Loan Scheme Amendment Act 2000
|
1: Title
1: This Act is the Student Loan Scheme Amendment Act 2000.
2: In this Act, the Student Loan Scheme Act 1992 the principal Act
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: Interpretation
1: Section 2 challenge chief executive the Social Security Act 1964
2: Section 2 lender Minister of Education Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964
4: Power to require objection to be determined by chief executive
1: Section 8 Secretary of Education chief executive
2: The heading to section 8 Secretary of Education chief executive
5: Chief executive to consider objections
1: Section 9 Secretary of Education chief executive
2: Section 9(2) Secretary of Education's chief executive's
3: The heading to section 9 Secretary of Education Chief executive
6: Extension of time for objection
Section 10 Secretary of Education chief executive
7: Right to apply to Disputes Tribunal or District Court
Section 11(1) Secretary of Education chief executive
8: Deductions from income-tested benefits
Section 23 of the department for the time being responsible for the administration of the Social Security Act 1964
9: Disclosure of information
1: Section 62
a: by omitting the words Secretary of Education chief executive
b: by omitting the words Ministry of Education specified department
2: Section 62
6: In this section, specified department the Social Security Act 1964
10: New
section 63A
1: The principal Act is amended by inserting, after section 63
63A: Loan contract enforceable against minor
A loan contract entered into by a borrower (whether before or after the commencement of this section) who is under 18 years of age must be treated, for the purposes of the Minors' Contracts Act 1969
2: Nothing in subsection (1)
2: Transitional provisions
11: Transitional provision relating to transfer of loans entered into before 31 December 1999
Sections 8 to 11
a: entered into on or before 31 December 1999; and
b: under which money is first advanced to the borrower on or before 31 December 1999.
12: Transitional provision relating to disclosure of information
Section 62
a: entered into on or before 31 December 1999; and
b: under which money is first advanced to the borrower on or before 31 December 1999.
|
DLM67858
|
2000
|
Taxation (FBT, SSCWT and Remedial Matters) Act 2000
|
1: Title
This Act is the Taxation (FBT, SSCWT and Remedial Matters) Act 2000.
2: Commencement
This Act comes into force on the date on which it receives the Royal assent.
1: Amendments to Income Tax Act 1994
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
3: Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
4: Certain compensation, benefits, and other payments are gross income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
5: Meaning of term
dividends Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
6: Interpretation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
7: What constitutes an interest in a foreign investment fund
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
8: Use of alternative methods
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
9: Deemed rate of return method of calculation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
10: Treatment of circumstances of entry into or exit from foreign investment fund regime
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
11: Meaning of
fringe benefit Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
12: Election whether fringe benefit or dividend
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
13: Value of fringe benefit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
14: Taxable value of fringe benefit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
15: Exemption for minor unclassified benefits
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
16: Adjustment on amalgamation to exemption for minor unclassified benefits
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
17: Application of other provisions to fringe benefit tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
18: Use of test period to establish private use of motor vehicle
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
19: New headings and
sections CL 3 to CL 21 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
20: New
sections EN 6 and EN 7 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
21: Value of motor vehicle acquired from associated person
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
22: Credits and debits arising to branch equivalent tax account of person
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
23: Replacement of
Part ND Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
24: Specified superannuation contribution withholding tax imposed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
25: New
section NE 2AA Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
26: Specified superannuation contribution withholding tax to be deducted
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
27: Tax deemed for certain purposes to have been received by superannuation fund
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
28: New
subpart EA Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
29: Definitions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
30: References to income years in particular provisions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
31: Schedule 1 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
32: Schedule 2 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
2: Tax Administration Act 1994
33: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994
34: Interpretation
1: In section 3(1) employer sections 47, 120S of this Act section 47
2: In section 3(4)(b) Sections 93, 120S Sections 93
3: In section 3(4)(b) section ND 4 section ND 14
4: Subsections (1) (2)
a: on and after 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
b: to the 2001-2002 and subsequent income years, for an employer who pays fringe benefit tax on an income year basis.
5: Subsection (3)
35: New sections 32A to 32C inserted
1: After section 32
32A: Records to be provided by employer who contributes to superannuation fund
1: Upon the request of a member or a trustee of a superannuation fund acting on a member's behalf, a member's employer, or a member's past employer, must provide the member or trustee with a record of all specified superannuation contributions made by the employer on the member's behalf in each of the 4 income years before the income year in which a withdrawal, being one to which section CL 4 of the Income Tax Act 1994
2: A request must be made in writing.
3: A person who receives a request must provide the information requested, to the extent it is held or can be accessed, no later than 20 working days after the date on which the request is made.
4: When calculating the superannuation fund's gross income under section CL 4 of the Income Tax Act 1994
32B: Certification requirements for withdrawals subject to
section CL 4 of Income Tax Act 1994
1: The trustee of a superannuation fund may request the following information from a member or a member's employer, or a member's past employer, in respect of an income year or part of an income year:
a: the amount of specified superannuation contributions made by an employer:
b: the amount of specified superannuation contributions that have been subject to specified superannuation contribution withholding tax at the rate specified in Schedule 1, Part A, clause 10(a)
c: the amount of specified superannuation contributions that have been treated as salary or wages under section NE 2A
d: the taxable income that the member derived in the 4 income years before the income year in which a withdrawal is made:
e: evidence to support an application for a withdrawal that is necessary to alleviate significant financial hardship:
f: the date on which a member ceases employment:
g: whether a member was employed for less than 2 years:
h: whether a member is employed for 30 hours per week or less:
i: whether a member has reduced their working hours because the member is nearing full retirement:
j: whether a member has stopped contributing to a superannuation fund:
k: whether a member's employer has stopped making specified superannuation contributions to a superannuation fund on the member's behalf:
l: whether specified superannuation contributions made to a superannuation fund have increased in accordance with a trust deed or a contract, or an amendment to a trust deed or a contract, in existence before 1 April 2000, and if so, the extent of the increase:
m: any other information required to determine the superannuation fund's gross income under section CL 4 of the Income Tax Act 1994
2: A request must be made in writing.
3: A person who receives a request must provide the information requested, to the extent it is held or can be accessed, no later than 20 working days after the date on which the request is made.
4: When calculating the superannuation fund's gross income under section CL 4 of the Income Tax Act 1994
32C: Certification requirements for transfers from superannuation funds
1: The trustee of a superannuation fund that receives an amount from another superannuation fund may request the following information from the trustee of the transferor fund in respect of an income year or part of an income year:
a: amounts transferred that, if withdrawn, would be subject to any one of paragraphs (a) to (d) of section CL 3(1) of the Income Tax Act 1994
b: amounts transferred that are employer contributions to superannuation savings:
c: any information previously supplied to the transferor fund by a superannuation fund from which a member has transferred:
d: any other information required to determine the transferee fund's gross income under section CL 4 of the Income Tax Act 1994
2: A request must be made in writing.
3: A trustee who receives a request must provide the information requested, to the extent it is held or can be accessed, no later than 40 working days after the date on which the request is made.
4: When calculating the transferee superannuation fund's gross income under section CL 4 of the Income Tax Act 1994
2: Subsection (1)
36: Special returns by taxpayers affected by reduced deductions under
Income Tax Act 1994
1: In section 44A(1) net income taxable income
2: Subsection (1)
37: Definitions
1: In section 120C(1) date interest starts subparagraph (i)
b: for overpaid tax, other than GST or fringe benefit tax for the final quarter of an income year, means the later of the following days— .
2: In section 120C(1), at the end of paragraph (c)(iii) date interest starts made: made; and
d: for overpaid tax, being fringe benefit tax for the final quarter of an income year, means the later of 31 May next following the end of the final quarter and the date on which the return for the final quarter is filed.
3: Subsections (1) (2)
38: Amount in nature of interest to be added to fringe benefit tax paid on annual or income year basis
1: Section 120S
2: Subsection (1)
a: on 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
b: to the 2001-2002 income year, for an employer who pays fringe benefit tax on an income year basis.
39: New 165AA inserted
1: After section 165
165AA: Recovery of tax paid by superannuation fund
1: If a withdrawal is made in respect of a person's membership in a superannuation fund and the withdrawal is one to which section CL 4 of the Income Tax Act 1994 subsection (2)
2: The formula is: tax rate x gross income where tax rate is the basic rate of income tax stated in Schedule 1, Part A, clause 4 of the Income Tax Act 1994 gross income is the amount of gross income of the superannuation fund under section CL 4 of the Income Tax Act 1994
3: A trustee of a superannuation fund may recover an amount from the member or the other person making the withdrawal irrespective of the superannuation fund's trust deed.
4: For the purpose of section 165 section CL 4 of the Income Tax Act 1994
2: Subsection (1)
40: Obligation to pay tax on foreign investment fund income able to be suspended
1: In section 183(2) 120S 120T
2: Subsection (1)
3: Amendments to Goods and Services Tax Act 1985
41: Goods and Services Tax Act 1985
This Part amends the Goods and Services Tax Act 1985
42: Adjustments
1: In section 21(4) section ND 2 or section ND 3 or section ND 4 any one of sections ND 9, ND 10, ND 13 or ND 14
2: Subsection (1)
|
DLM68346
|
2000
|
Securities Amendment Act 2000
|
1: Title
This Act is the Securities Amendment Act 2000.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: New
section 7A The Securities Act 1978 section 7
7A: Temporary exemption for superannuation schemes
1: An advertisement, registered prospectus, or investment statement in respect of an interest in a superannuation scheme does not give rise to a contravention of this Act or regulations made under this Act, and is not false or misleading in a material particular, by reason only of failing to refer, or give proper emphasis, to the effect of Part CL of the Income Tax Act 1994
a: the advertisement or investment statement was printed, or the registered prospectus was registered, on or before 14 September 2000; and
b: the subscriber received a written explanation of the effect of Part CL of the Income Tax Act 1994
2: This section expires on 14 September 2001.
3: This section applies on and after 14 September 2000.
|
DLM68356
|
2000
|
Fire Service Amendment Act 2000
|
1: Title
1: This Act is the Fire Service Amendment Act 2000.
2: In this Act, the Fire Service Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Members of Commission
1: Section 6(1)(a) Three 5
2: Despite section 7
a: the initial term of office for 1 member is 18 months; and
b: the initial term of office for the other member is 2 years.
3: Section 6(1)(b) (3) (4) (5)
4: Meetings of Commission
Section 11(2) 2 3
5: Consequential amendments
1: Section 2 appointed member
2: Sections 6(2)(b) (c) 8(1) (2) 10(1) appointed
3: Sections 7 8(3) 9(1) appointed member member
4: Section 9(1) appointed member's member's
5: Section 58B(2) an appointed a
6: Consequential repeal
Section 9(2)
7: Repeal of spent provisions
1: Section 6(7)
2: The proviso to section 7
|
DLM68369
|
2000
|
Airport Authorities Amendment Act 2000
|
1: Title
1: This Act is the Airport Authorities Amendment Act 2000.
2: In this Act, the Airport Authorities Act 1966 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
The purpose of this Act is to amend the Airport Authorities Act 1966
4: Powers of Crown and local authorities
1: Section 3A(7) If Subject to subsection (7A)
2: Section 3A subsection (7)
7A: A local authority cannot transfer to an airport company land that was vested in the local authority under the Reserves Act 1977
a: the Minister has given his or her written consent to the local authority transferring the land to the airport company and the local authority has given a copy of that consent to the Registrar-General of Land; or
b: the Chief Surveyor of the land district within which the land is situated has given a written certificate that the vesting of the land in the local authority was not done by the Crown and the local authority has given a copy of that certificate to the Registrar-General of Land.
7B: In considering whether to give consent for the purposes of subsection (7A)
7C: Neither this Act, nor the Reserves Act 1977 subsection (7B)
|
DLM68379
|
2000
|
Bail Act 2000
|
1: Title
This Act is the Bail Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
3: Interpretation
In this Act, unless the context otherwise requires,— bodily sample
a: a sample of the person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person Class A controlled drug section 2(1) Class B controlled drug section 2(1) controlled drug section 2(1) conviction convicted court District Court the District Court drug dealing offence
a: any offence against section 6 12C(1)(a)
b: an attempt to commit an offence referred to in paragraph (a) drug or alcohol condition
a: that is imposed under section 30(4) sections 21B(2) and (3) 40(4) 53(4) 54(4)
b: that prohibits a defendant from doing 1 or more of the following:
i: using (as defined in this section) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person electronic monitoring address EM address electronic monitoring assessor EM assessor section 30E electronic monitoring condition EM condition section 30B family relationship section 12 family violence offence
a: against any enactment (including the Family Violence Act 2018
b: involving family violence (as defined in section 9 judicial officer section 5 medical laboratory technologist section 114(1)(a) medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner section 114(1)(a) nurse section 114(1)(a) Police bail section 21(1) Police employee section 4 protected person section 8 psychoactive substance section 9 Registrar the District Court 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 testing using section 8(2)(c) or (d) working day section 5 Section 3 bodily sample inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 Class A controlled drug inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 Class B controlled drug inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 committal for trial repealed 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 controlled drug inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 court inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 District Court amended 1 March 2017 section 261 District Court Act 2016 Section 3 drug dealing offence replaced 4 September 2013 section 4(2) Bail Amendment Act 2013 Section 3 drug or alcohol condition inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 drug or alcohol monitoring device inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 electronic monitoring address EM address inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 electronic monitoring assessor EM assessor inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 electronic monitoring condition EM condition inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 family relationship inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 family violence offence inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 judicial officer inserted 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 medical laboratory technologist inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 medical officer inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 medical practitioner inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 nurse inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 offence repealed 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 Police bail inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 Police employee inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 protected person inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 psychoactive substance inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 3 relevant occupant inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 temporary EM address inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 testing inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 using inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 working day inserted 4 September 2013 section 4(1) Bail Amendment Act 2013
3AA: References to Family Violence Act 2018
2019-07-01 Bail Act 2000 Family Violence (Amendments) Act 2018 section 5(2), repeals this section on 1 July 2019. (Doreen 7/12/18). Section 3AA repealed 1 July 2019 section 5(2) Family Violence (Amendments) Act 2018
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 15 May 2017 section 5 Bail (Drug and Alcohol Testing) Amendment Act 2016
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to reform and restate the law relating to bail.
1: General provisions regarding bail
6: Application of this Part
Unless expressly stated otherwise in this or in any other enactment, any decision regarding the granting of bail under this Act is subject to the provisions of this Part.
7: Rules as to granting bail
1: A defendant is bailable as of right who is charged with an offence that is not punishable by imprisonment.
2: A defendant is bailable as of right who is charged with an offence for which the maximum punishment is less than 3 years’ imprisonment, unless the offence is one against—
a: section 194
b: section 194A
3:
4: Despite anything in this section, a defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment.
5: Subject to sections 9 to 17 1961 No 43 s 319 Section 7(2) replaced 3 December 2018 section 6 Family Violence (Amendments) Act 2018 Section 7(3) repealed 4 September 2013 section 5 Bail Amendment Act 2013
8: Consideration of just cause for continued detention
1: In considering whether there is just cause for continued detention, the court must take into account—
a: whether there is a
i: the defendant may fail to appear in court on the date to which the defendant has been remanded; or
ii: the defendant may interfere with witnesses or evidence; or
iii: the defendant may offend while on bail; and
b: any matter that would make it unjust to detain the defendant.
2: In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:
a: the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
b: the strength of the evidence and the probability of conviction or otherwise:
c: the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
d: the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
e: whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
f: the likely length of time before the matter comes to hearing or trial:
g: the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
h: any other special matter that is relevant in the particular circumstances.
3:
3A: In deciding, in relation to a defendant charged with a family violence offence, whether or not to grant bail to the defendant or to allow the defendant to go at large, the court’s primary consideration is the need to protect—
a: the victim of the alleged offence; and
b: any particular person or people in a family relationship with the victim.
3B: Subsection (3A) is subject to subsection (3C).
3C: In deciding, in relation to a defendant charged with an offence against section 112
4: When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to in section 29 section 30
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), the court may take into account the cooperation by the defendant with authorities in the investigation or prosecution of any offence if that cooperation is relevant to the court's assessment of the risk that the defendant will fail to appear in court, interfere with witnesses or evidence, or offend while on bail.
5: Section 8 substituted 1 October 2007 section 4 Bail Amendment Act 2007 Section 8(1)(a) amended 17 December 2008 section 4(1) Bail Amendment Act 2008 Section 8(3) repealed 17 December 2008 section 4(2) Bail Amendment Act 2008 Section 8(3A) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(3B) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(3C) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(4A) inserted 4 September 2013 section 6 Bail Amendment Act 2013 Section 8(4B) inserted 4 September 2013 section 6 Bail Amendment Act 2013 Section 8(5) repealed 3 December 2018 section 7(2) Family Violence (Amendments) Act 2018
9: Restriction on bail if defendant charged with treason or espionage
No defendant who is charged with a crime against section 73 section 76 section 78 1961 No 43 s 318(1)
9A: Restriction on bail if defendant charged with murder
1: This section applies to a defendant who is charged with murder under section 167 168
a: of or over the age of 18 years; or
b: aged 17 years and charged with the offence in the High Court.
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)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.
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. Section 9A inserted 4 September 2013 section 7 Bail Amendment Act 2013 Section 9A(1) replaced 1 July 2019 section 18 Oranga Tamariki Legislation Act 2019
10: Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence
1: This section applies to a defendant of or over the age of 18
1A: This section also applies to a defendant aged 17 years who is charged in the District Court or the High Court with a specified offence and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).
2: In this section, specified offence Crimes Act 1961
a: section 128B
b: section 132
c: section 134
d: section 167
e: section 168
f: section 171
g: section 173
h: section 188
i: section 189
j: section 191
k: section 198A
l: section 198B
m: section 208
n: section 209
o: section 232
p: section 234
q: section 235
r: section 236
3: 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.
4: 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.
5: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.
6: In deciding whether or not to grant bail to a defendant to whom this section applies or 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 the victim or victims of the alleged offending, are primary considerations. 1961 No 43 s 318(2)–(5), (7) Section 10(1) amended 1 July 2019 section 19(1) Oranga Tamariki Legislation Act 2019 Section 10(1A) inserted 1 July 2019 section 19(2) Oranga Tamariki Legislation Act 2019 Section 10(2) replaced 4 September 2013 section 8 Bail Amendment Act 2013
11: Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence
1: No defendant of or over the age of 18 section 10(2)
2: No defendant aged 17 years who is found guilty of, or pleads guilty to, a specified offence in the District Court or the High Court and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences) may, while waiting to be sentenced or otherwise dealt with for the first-mentioned specified offence, be granted bail or allowed to go at large. 1961 No 43 s 318(6) Section 11(1) amended 1 July 2019 section 20(1) Oranga Tamariki Legislation Act 2019 Section 11(2) inserted 1 July 2019 section 20(2) Oranga Tamariki Legislation Act 2019
12: Further restriction on bail in certain cases
1: This section applies to a defendant if—
a: the defendant is of or over the age of 18
i: is charged with an offence under the Crimes Act 1961
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial for another offence under the Crimes Act 1961
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1)
b: the defendant is of or over the age of 18
i: is charged with an offence that carries a maximum sentence of 3 or more years' imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1)
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years' imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment
1A: This section also applies to a defendant if—
a: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence under the Crimes Act 1961
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial in the District Court or the High Court for another offence under the Crimes Act 1961
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1)
b: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1)
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).
2: For the purposes of subsections (1) and (1A) sentence of imprisonment
3: 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.
4: 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.
5: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit—
a: any offence involving violence against, or danger to the safety of, any other person; or
b: burglary or any other serious property offence.
6: For the purposes of subsection (5), serious property offence Part 10
7: In deciding whether or not to grant bail to a defendant to whom this section applies or 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 the victim or victims of the alleged offending, are primary considerations.
8: For the purposes of this section, a reference in this section to a sentence of imprisonment Criminal Justice Act 1985 Section 12(1)(a) amended 1 July 2019 section 21(1) Oranga Tamariki Legislation Act 2019 Section 12(1)(a)(iii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1)(b) amended 1 July 2019 section 21(1) Oranga Tamariki Legislation Act 2019 Section 12(1)(b)(ii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1)(b)(iii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1A) inserted 1 July 2019 section 21(2) Oranga Tamariki Legislation Act 2019 Section 12(2) amended 1 July 2019 section 21(3) Oranga Tamariki Legislation Act 2019 Section 12(2) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(8) added 30 June 2002 section 186 Sentencing Act 2002
13: Exercise of discretion when considering bail pending sentencing
1: If a defendant is found guilty or if a defendant pleads guilty, the court must not grant bail unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
2: The onus is on the defendant to show cause why bail should be granted.
3: When considering the interests of justice under subsection (1), the court may, instead of the considerations in section 8
a: whether the defendant is likely to receive a sentence of imprisonment:
b: the likely length of time that will pass before the defendant is sentenced:
c: the personal circumstances of the defendant and the defendant's immediate family:
d: any other consideration that the court considers relevant.
4: If the defendant is unlikely to receive a sentence of imprisonment, this must count against the defendant being remanded in custody.
4A: Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the court may remand the defendant in custody for the purpose described in subsection (4B) if it is satisfied that—
a: the defendant has breached a condition of bail imposed under section 30(3)
b: there is no other reasonable means to achieve the purpose described in subsection (4B).
4B: The purpose referred to in subsection (4A) is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.
5: This section is subject to section 11 Section 13(4A) inserted 5 March 2012 section 4 Bail Amendment Act 2011 Section 13(4A)(a) amended 15 May 2017 section 6 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 13(4B) inserted 5 March 2012 section 4 Bail Amendment Act 2011
14: Exercise of discretion when considering bail pending appeal
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
1A: The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
2: The onus is on the appellant to show cause why bail should be granted.
3: When considering the interests of justice under subsection (1A) section 8
a: the apparent strength of the grounds of appeal:
b: the length of the sentence that has been imposed on the appellant:
c: the likely length of time that will pass before the appeal is heard:
d: the personal circumstances of the appellant and the appellant's immediate family:
e: any other consideration that the court considers relevant. Section 14(1) replaced 17 December 2016 section 8(1) Statutes Amendment Act 2016 Section 14(1A) inserted 17 December 2016 section 8(1) Statutes Amendment Act 2016 Section 14(3) amended 17 December 2016 section 8(2) Statutes Amendment Act 2016 Special provision as to bail of young persons remanded Heading amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
15: Granting of bail to defendant
who is 18 years of age or younger
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 18
b: the defendant has not previously been sentenced to imprisonment.
2: Subsection (1) is subject to—
a: sections 7 9 to 12 16 to 17A
b: section 175 but no other enactment.
2A: 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 is 17 years old; and
b: the defendant is charged with, or convicted of, any offence in the District Court or the High Court; and
c: the defendant has not previously been sentenced to imprisonment.
2B: Subsection (2A) is subject to—
a: sections 7 9 to 12 16 to 17A
b: section 175
3: Subject to sections 171(1) 172(1) Oranga Tamariki Act 1989 the District Court 1985 No 120 s 142(4) Section 15 heading amended 1 July 2019 section 22(1) Oranga Tamariki Legislation Act 2019 Section 15 heading amended 4 September 2013 section 9(1) Bail Amendment Act 2013 Section 15(1) replaced 4 September 2013 section 9(2) Bail Amendment Act 2013 Section 15(1)(a) amended 1 July 2019 section 22(2) Oranga Tamariki Legislation Act 2019 Section 15(2)(a) amended 4 September 2013 section 9(3) Bail Amendment Act 2013 Section 15(2)(b) replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 15(2A) inserted 1 July 2019 section 22(3) Oranga Tamariki Legislation Act 2019 Section 15(2B) inserted 1 July 2019 section 22(3) Oranga Tamariki Legislation Act 2019 Section 15(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 15(3) amended 1 March 2017 section 261 District Court Act 2016 Section 15(3) amended 1 July 2013 section 15 Bail Amendment Act 2011 Special provisions in respect of bail for drug dealing offences
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. Section 16 replaced 4 September 2013 section 10 Bail Amendment Act 2013
17: Bail for drug dealing offence may be continued or renewed by District Court
Section 17 repealed 4 September 2013 section 11 Bail Amendment Act 2013
17A: Restriction on bail if defendant charged with serious Class A drug offence
1: This section applies to a defendant who is charged with a serious Class A drug offence and who is—
a: of or over the age of 18 years; or
b: aged 17 years and is charged with the offence in the District Court or the High Court.
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)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.
4: In this section, serious Class A drug offence
a: an offence under section 6 12C(1)(a)
b: an attempt to commit an offence in paragraph (a). Section 17A inserted 4 September 2013 section 12 Bail Amendment Act 2013 Section 17A(1) replaced 1 July 2019 section 23 Oranga Tamariki Legislation Act 2019 General provisions relating to bail hearings
18: Bail hearing may be in private
A court may, having regard to the interests of the defendant or any other person and to the public interest, order that the whole or any part of an application for bail or an appeal against a bail decision be heard in private.
19: Publication of matters relating to hearing
1: No person may publish a report or account of any matters dealt with at a bail hearing, apart from the following matters:
a: the identity of the defendant applying for bail:
b: the charges faced by the defendant:
c: the decision of the court on the application:
d: the conditions of bail, if bail is granted.
2: Despite subsection (1), a court may make an order—
a: that permits publication of other details; or
b: that prohibits publication of all or any of the details set out in subsection (1)(a) to (d).
3: The general prohibition on publication of details of a bail hearing under subsection (1), and any specific prohibition that is ordered under subsection (2)(b), applies until—
a: the conclusion of the defendant's trial; or
b: any earlier time ordered by the court.
4: For the purposes of subsection (3), the conclusion of the defendant's trial
a: the expiry of the appeal period for an appeal of the decision or verdict at the defendant's trial; or
b: if the decision or verdict is appealed, the date on which that appeal is finally determined or withdrawn.
5: Every person commits an offence who knowingly or recklessly publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Every person commits an offence who publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
7: Subsection (6) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific details have been placed or entered on the site or system by that person.
8: In a prosecution for an offence against subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit an offence. Section 19 replaced 5 March 2012 section 5 Bail Amendment Act 2011
20: Evidence in bail hearing
1: In hearing an application for bail a court may receive as evidence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise admissible in a court of law.
2: Despite subsection (1), when considering the matter described in section 8(2)(b)
a: the court may only consider a statement, document, information, or matter that would be admissible in a court of law if made by the appropriate person or given or produced in proper form; but
b: for the purpose of the bail hearing, it does not matter whether the evidence—
i: is given or produced by the appropriate person or given or produced in sworn or unsworn form; or
ii: is otherwise given or produced in a form in which it would be admissible in a court of law. Section 20(2) substituted 19 December 2002 section 3 Bail Amendment Act 2002
2: Police bail
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) does not apply in any case to which any of section 9 9A 10 12 16 17A
2A: In determining whether it is prudent to grant Police bail to a defendant charged with a family violence offence, the Police employee must make the primary consideration the need to protect—
a: the victim of the alleged offence; and
b: any particular person or people in a family relationship with the victim.
2B: Subsection (2A) is subject to subsection (3).
3: In determining whether it is prudent to grant Police bail to a defendant charged with an offence against section 112
4: Despite section 7 Section 21 replaced 4 September 2013 section 13 Bail Amendment Act 2013 Section 21(2A) inserted 3 December 2018 section 8 Family Violence (Amendments) Act 2018 Section 21(2B) inserted 3 December 2018 section 8 Family Violence (Amendments) Act 2018 Section 21(3) replaced 3 December 2018 section 8 Family Violence (Amendments) Act 2018
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
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. Section 21A inserted 4 September 2013 section 13 Bail Amendment Act 2013
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), any condition of the bail that might be imposed by a judicial officer under section 30(2) or (4)
3: However, subsection (2) applies only if—
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. Section 21B inserted 4 September 2013 section 13 Bail Amendment Act 2013
22: Conditions of Police bail granted to defendant charged with family violence offence
A Police employee who grants Police bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 21B
a: the victim of the alleged offence; and
b: any particular person residing, or in a family relationship, with the victim. Section 22 replaced 3 December 2018 section 9 Family Violence (Amendments) Act 2018
23: Bail and breach of protection order
1: If a person is arrested under section 113 section 112 Police employee section 21
2: Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.
3: If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee section 21
4: If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee section 21 section 112 1995 No 86 s 51 Section 23(1) amended 3 December 2018 section 10(1) Family Violence (Amendments) Act 2018 Section 23(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 23(3) amended 1 October 2008 section 130(1) Policing Act 2008 Section 23(4) amended 3 December 2018 section 10(2) Family Violence (Amendments) Act 2018 Section 23(4) amended 28 October 2009 section 7 Bail Amendment Act 2009 Section 23(4) amended 1 October 2008 section 130(1) Policing Act 2008
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)
2: A person who commits an offence under subsection (1) is liable on conviction to—
a: imprisonment for a term not exceeding 3 months; or
b: a fine not exceeding $1,000. Section 24 replaced 4 September 2013 section 14 Bail Amendment Act 2013
25: Effect on bond of attendance or non-attendance of person bailed by
constable Section 25 repealed 4 September 2013 section 15 Bail Amendment Act 2013
26: Breach of condition of Police bail
Sections 39 and 54A section 21 Section 26 replaced 4 September 2013 section 16 Bail Amendment Act 2013 Section 26 amended 14 November 2018 section 92 Courts Matters Act 2018
3: Court bail
Part 3 replaced 1 July 2013 section 15 Bail Amendment Act 2011
Subpart 1: Granting of bail on adjournment
Subpart 1 inserted 1 July 2013 section 15 Bail Amendment Act 2011
27: Bail on adjournment
1: In any case referred to in section 168(1)
2: A Registrar may exercise the power conferred by subsection (1) to grant bail if the prosecutor agrees. Section 27 replaced 1 July 2013 section 15 Bail Amendment Act 2011
28: Warrant for detention of defendant remanded on bail
If the defendant is granted bail under section 27 section 31(3)(a)
a: issue a warrant
b: certify on Section 28 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 28(a) amended 4 September 2013 section 17(1) Bail Amendment Act 2013 Section 28(b) amended 4 September 2013 section 17(2) Bail Amendment Act 2013
29: Defendant, if bailable as of right, to be brought before court on request
1: A defendant who is bailable as of right must, if the defendant so requests, be brought before a court for the purpose of making an application for bail if—
a: the defendant has been remanded in custody under section 168
b: the defendant did not make application for bail under this Act at the time of the remand.
2: The application may be granted as if it were an application made at the time at which the defendant was remanded.
3: If bail is granted under this section, the particulars required to be certified by the judicial officer or Registrar under section 28(b) Section 29 replaced 1 July 2013 section 15 Bail Amendment Act 2011
30: Conditions of bail
1: Subject to sections 31 40
a: at the time and place at which the hearing is adjourned; or
b: at every time and place to which, during the course of the proceedings, the hearing may from time to time be adjourned.
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) unless the prosecution agrees.
3: When considering bail pending sentencing, a judicial officer or Registrar may impose any condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable timeframe.
4: Whether or not the judicial officer or Registrar imposes a condition under subsection (2) or (3), the judicial officer or Registrar may impose any other condition that the judicial officer or Registrar considers reasonably necessary 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 witness or any evidence against the defendant; and
c: does not commit any offence while on bail.
4A: However, a Registrar must not impose a drug or alcohol condition under subsection (4) unless the defendant consents to the condition being imposed.
5: Despite subsection (4), the judicial officer or Registrar must not require as a further condition of the defendant's release the deposit of any sum or the entering into of any obligation in the nature of a bond, guarantee, or surety, whether by the defendant or any other person.
6: Subsection (5) does not apply if bail is granted by the High Court. Section 30 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 30(2) replaced 4 September 2013 section 18 Bail Amendment Act 2013 Section 30(2A) inserted 4 September 2013 section 18 Bail Amendment Act 2013 Section 30(4A) inserted 15 May 2017 section 7 Bail (Drug and Alcohol Testing) Amendment Act 2016
30AA: Imposition, and effect, of drug or alcohol condition
1: This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) sections 40(4) 53(4) 54(4)
2: The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1)
3: The judicial officer or Registrar must advise the defendant that the defendant must do any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the defendant’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
4: To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition. Section 30AA inserted 15 May 2017 section 8 Bail (Drug and Alcohol Testing) Amendment Act 2016
30AAA: Conditions of bail granted to defendant charged with family violence offence
A judicial officer or Registrar who grants bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 30
a: the victim of the alleged offence; and
b: any particular person residing, or in a family relationship, with the victim. Section 30AAA inserted 3 December 2018 section 11 Family Violence (Amendments) Act 2018 Electronic monitoring condition Heading inserted 4 September 2013 section 19 Bail Amendment Act 2013
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. Section 30A inserted 4 September 2013 section 19 Bail Amendment Act 2013
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 Section 30B inserted 4 September 2013 section 19 Bail Amendment Act 2013
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) Section 30C inserted 4 September 2013 section 19 Bail Amendment Act 2013
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. Section 30D inserted 4 September 2013 section 19 Bail Amendment Act 2013
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) are responsible for the management of EM bail and may authorise their respective employees to act as EM assessors.
3: The Minister of Justice may make a nomination under subsection (1) from time to time, and, in consultation with the Minister of Police and the Minister of Corrections, may revoke a nomination by notice in writing to the person concerned. Section 30E inserted 4 September 2013 section 19 Bail Amendment Act 2013
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
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. Section 30F inserted 4 September 2013 section 19 Bail Amendment Act 2013
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
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) is given to the occupant to enable him or her to make an informed decision whether to consent to the defendant remaining at the EM address while on bail with an EM condition; and
c: inform the occupant that the information in paragraph (a) must be used only for the purpose of making the decision referred to in paragraph (b); and
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. Section 30G inserted 4 September 2013 section 19 Bail Amendment Act 2013
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
c: any other use to which the defendant has consented.
2: EM information may not be used except in accordance with subsection (1). Section 30H inserted 4 September 2013 section 19 Bail Amendment Act 2013
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. Section 30I inserted 4 September 2013 section 19 Bail Amendment Act 2013
30J: Court must specify EM address
In granting bail with an EM condition, a court must specify the EM address. Section 30J inserted 4 September 2013 section 19 Bail Amendment Act 2013
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) must—
a: show the area to the defendant; and
b: advise the relevant occupants of the area. Section 30K inserted 4 September 2013 section 19 Bail Amendment Act 2013
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); and
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
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) is a breach of the EM condition. Section 30L inserted 4 September 2013 section 19 Bail Amendment Act 2013
30M: Authorised absence from EM address
Court may authorise 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. Registrar’s authorisation if prosecution agrees
2: However, a Registrar may exercise the power conferred on a court by subsection (1) to authorise a defendant to be absent from the EM address only if the prosecution agrees to that authorisation. Authorisations under section are subject to related sections
3: An authorisation under this section is subject to sections 30MA to 30MC Section 30M inserted 4 September 2013 section 19 Bail Amendment Act 2013 Section 30M(1) heading inserted 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025 Section 30M(1) replaced 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025 Section 30M(2) heading inserted 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025 Section 30M(2) replaced 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025 Section 30M(3) heading inserted 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025 Section 30M(3) replaced 13 March 2025 section 4 Bail (Electronic Monitoring) Amendment Act 2025
30MA: Court must specify authorisation’s purpose or purposes
In authorising a defendant to be absent from the EM address under section 30M Section 30MA inserted 13 March 2025 section 5 Bail (Electronic Monitoring) Amendment Act 2025
30MB: Court must specify all details of authorisation or enable EM assessor to approve authorised absence
1: In authorising a defendant to be absent from the EM address under section 30M
a: specify all details of an authorisation; or
b: enable an EM assessor to approve, in their discretion, the defendant to be absent from the EM address in line with an authorisation’s—
i: specified purpose or purposes; and
ii: details specified under subsection (2).
2: In enabling an EM assessor to approve an authorised absence under subsection (1)(b), the court must—
a: specify all details of an authorisation; or
b: specify some details of an authorisation, and enable or require an EM assessor, in approving the authorised absence, to specify other details of the authorisation that—
i: are not inconsistent with the details specified by the court; and
ii: are or include the time or times of any day during which the defendant may be absent, if not specified by the court; or
c: enable or require an EM assessor, in approving the authorised absence, to specify all details of an authorisation (other than the place or places that the defendant may go to while absent, because the EM assessor must decide, in their discretion, whether to specify that detail under this paragraph). Section 30MB inserted 13 March 2025 section 5 Bail (Electronic Monitoring) Amendment Act 2025
30MC: Meaning of details of authorisation
In section 30MB details section 30MB(1) or (2)
a: the time or times of any day during which the defendant may be absent:
b: the place or places that the defendant may go to while absent:
c: any other requirements that the defendant must meet that the court, or an EM assessor, decides to specify under section 30MB(1) or (2) Examples
Other requirements Authorised routes to or from an authorised place. Authorised modes of transport to or from an authorised place. Section 30MC inserted 13 March 2025 section 5 Bail (Electronic Monitoring) Amendment Act 2025
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) 34(1)(b)
2: Subsection (1)(b) does not apply if, within 5 working days after approval of the temporary EM address, the defendant makes an application under section 33(1)(a) 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. Section 30N inserted 4 September 2013 section 19 Bail Amendment Act 2013
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. Section 30O inserted 4 September 2013 section 19 Bail Amendment Act 2013
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. Section 30P inserted 4 September 2013 section 19 Bail Amendment Act 2013
30Q: Defendant on bail with EM condition not in custody
A defendant on bail with an EM condition is not in custody. Section 30Q inserted 4 September 2013 section 19 Bail Amendment Act 2013
30R: Bail with EM condition does not affect entitlements under
Social Security Act 2018 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 2018 Section 30R inserted 4 September 2013 section 19 Bail Amendment Act 2013 Section 30R heading amended 26 November 2018 section 459 Social Security Act 2018 Section 30R amended 26 November 2018 section 459 Social Security Act 2018
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. Section 30S inserted 4 September 2013 section 19 Bail Amendment Act 2013 Testing and monitoring of defendants on bail with drug or alcohol conditions Heading inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30T: Defendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
1: An authorised person may, by notice given to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 73AA(1)(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 73AA(1)(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 73AA(1)(a)
2: An authorised person exercising that person’s discretion under subsection (1)—
a: must comply with any rules made under section 73AA(1)
b: may—
i: select a defendant to do what is specified in subsection (1)(a), (b), or (c) in any manner (including randomly); and
ii: make a determination in respect of the defendant with or without evidence that the defendant has breached the condition; and
c: must, if requiring the defendant to do what is specified in subsection (1)(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (1)(a), or required if the defendant is selected to undergo testing by an automated system that the defendant is required to contact under subsection (1)(c).
3: A notice given to a defendant under subsection (1)(b) may include a requirement that the defendant comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).
4: An automated system specified in a notice given under subsection (1)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 73AA(1)(b)
5: Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.
6: In this section and in sections 30U to 30X authorised person
a: a constable; or
b: an employee of the Department of Corrections authorised by the chief executive of that department to require defendants to undergo testing, or submit to continuous monitoring, under this section. Section 30T inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30U: How notice of requirement to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give a defendant a notice under section 30T(1)
a: by giving the notice personally and in writing to the defendant:
b: by giving the notice personally and orally to the defendant, then, unless the notice requires the defendant only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the defendant:
c: if the notice is given under section 30T(1)(a) section 209
2: An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)(c)
3: A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a defendant to undergo testing, must specify the name and location of a testing facility to which the defendant is required to report to undergo testing, and the time or times when the defendant is required to report, under section 30V Section 30U inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30V: Where prescribed testing procedure may be carried out
1: An authorised person may require a defendant to undergo testing at the place where the defendant is given notice under section 30T(1)
2: Subsection (1) applies even if the place where the defendant is given notice personally by the authorised person is—
a: a public place (as defined in section 2(1)
b: a place that is wholly or partly outside a dwelling house, or any other building, at the defendant’s residential address.
3: However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.
4: A defendant given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.
5: A defendant given a notice under section 30U(1)(c) or (2) Section 30V inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30W: Breach of drug or alcohol condition
1: A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—
a: uses a controlled drug or a psychoactive substance, or consumes alcohol, in contravention of the condition; or
b: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when required to do so under sections 30T(1)(a) 30V
ii: to submit to continuous monitoring when required to do so under section 30T(1)(b)
iii: to comply with instructions specified in a notice given under section 30T(1)(b)
iv: to accompany an authorised person, when required to do so under section 30V(4)
v: to contact a specified automated system when required to do so under section 30T(1)(c)
vi: to report, at any time or times when required to do so under section 30V(5)
vii: to undergo a testing procedure when required to do so under sections 30T(1)(c) 30V
viii: to allow 1 or more persons specified in subsection (2) to enter the defendant’s residential address for all or any of the following purposes:
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; or
c: does anything with the intention of diluting or contaminating a bodily sample required under section 30T(1)(a) or (c)
d: tampers with a drug or alcohol monitoring device required under section 30T(1)(b)
2: The persons referred to in subsection (1)(b)(viii) are—
a: an authorised person who has produced evidence of that person’s identity to the defendant; and
b: a person accompanying a person described in paragraph (a); and
c: a person who—
i: has produced evidence of that person’s identity to the defendant; and
ii: is authorised in writing by an authorised person to enter the defendant’s residential address for all or any of the following purposes:
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the defendant.
3: Subsection (1)(b) to (d) does not apply to a defendant who has been granted Police bail with a drug or alcohol condition. Section 30W inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30X: Information obtained from drug and alcohol testing or monitoring
1: Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)
a: may be used for all or any of the following purposes:
i: verifying compliance by the defendant with a drug or alcohol condition:
ii: detecting non-compliance by the defendant with a drug or alcohol condition, and providing evidence of that non-compliance:
iii: verifying that the defendant has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the defendant has requested, or consented to, the information being used; and
b: must not, except at the request or with the consent of the defendant, be used as evidence that the defendant committed an offence or for any other purpose not listed in paragraph (a).
2: A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 30T to 30V Section 30X inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016 Procedures after defendant granted bail Heading inserted 1 July 2013 section 15 Bail Amendment Act 2011
31: Release of defendant granted bail
1: If a defendant is granted bail, the Registrar must prepare a notice of bail or a bail bond (whichever is applicable) setting out the conditions of bail imposed by or under section 30 or 30AAA
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: The Registrar or (as the case may require) the judicial officer or prison manager of the prison in which the defendant is detained must—
a: give the notice of bail or bail bond to the defendant; and
b: be satisfied that the defendant understands the conditions of bail; and
c: require the defendant to authenticate
3: If a defendant is granted bail, the judicial officer or Registrar may direct that the defendant be detained in the custody of the Court—
a: for such time, not exceeding 2 hours, as may be necessary to enable the notice of bail or bail bond to be prepared and authenticated
b: if, within the period of 2 hours, the defendant is not released (whether by reason of having refused to authenticate section 28
4: If bail is granted to a defendant who has been remanded in custody and is in custody only under the warrant issued in respect of the remand, the defendant must be released from custody as soon as is reasonably practicable after the defendant has authenticated
5: A copy of the notice of bail or bail bond must be given to the defendant on his or her release or as soon as practicable after that. Section 31 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 31(1) amended 3 December 2018 section 12 Family Violence (Amendments) Act 2018 Section 31(1A) inserted 4 September 2013 section 20(1) Bail Amendment Act 2013 Section 31(2)(c) amended 4 September 2013 section 20(2) Bail Amendment Act 2013 Section 31(3)(a) amended 4 September 2013 section 20(3) Bail Amendment Act 2013 Section 31(3)(b) amended 4 September 2013 section 20(4) Bail Amendment Act 2013 Section 31(4) amended 4 September 2013 section 20(5) Bail Amendment Act 2013
32: Warrant of deliverance
Section 32 repealed 4 September 2013 section 21 Bail Amendment Act 2013
33: Variation of conditions of bail
1: The court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may,—
a: on the application of the defendant or the prosecutor, 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.
2: However, in the case of the variation of an EM condition, the only orders the court may make under subsection (1)(a) in relation to that EM condition are—
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.
3: If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S
4: No application may be made under subsection (1) or (6) in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application.
5: A Registrar may exercise the power conferred by subsection (1) to make an order if—
a: the court for the time being having jurisdiction in the proceeding for an offence is the District Court; and
b: the prosecutor agrees.
6: If a court or Registrar has, in granting bail to any defendant, imposed the condition that the defendant report to the Police at such time or times and at such place or places as the court or Registrar orders, a 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 so report. Section 33 replaced 14 November 2018 section 93 Courts Matters Act 2018
34: Consequences of variation of conditions of bail
1: If a court or Registrar varies or revokes any condition of bail or substitutes or imposes any other condition of bail under section 33(1)
a: if the defendant is present at the court, a Registrar must,—
i: as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any); and
ii: be satisfied that the defendant understands the conditions of bail; and
iii: require the defendant to authenticate the notice of bail or bail bond:
b: if the defendant is not present at the court, a Registrar must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any).
2: If, in any case to which subsection (1) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, the Registrar of the office of the court at the place where the condition of bail was varied or revoked or substituted or imposed must refer the matter to a Judge, who may issue a warrant for the arrest of the defendant.
3: A Registrar may exercise the power under subsection (2) to issue a warrant to arrest the defendant if the court for the time being having jurisdiction in the proceeding for an offence is the District Court. Section 34 replaced 14 November 2018 section 93 Courts Matters Act 2018
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 34
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 18 sections 234(c) 235 236 Oranga Tamariki Act 1989
4: However, subsection (3) does not apply to a defendant aged 17 years who—
a: is charged with, or convicted of, any offence in the District Court or the High Court; and
b: is on bail with an EM condition for the offence or the alleged offence. Section 34A inserted 4 September 2013 section 24 Bail Amendment Act 2013 Section 34A(3) amended 1 July 2019 section 24(1) Oranga Tamariki Legislation Act 2019 Section 34A(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34A(4) inserted 1 July 2019 section 24(2) Oranga Tamariki Legislation Act 2019
35: Defendant on bail may be arrested without warrant in certain circumstances
1: Any constable may arrest without warrant a defendant who has been released on bail by a court
a: the defendant has absconded or is about to abscond for the purpose of evading justice; or
b: the defendant has contravened or failed to comply with any condition of bail.
2: A defendant who is arrested under subsection (1) must,—
a: if released on bail by the District Court, a Registrar, or a Police employee before the District Court section 187
b: if released on bail in any circumstances to which paragraph (a) does not apply, be brought before a High Court Judge or a District Court Judge as soon as possible.
3: In any such case, the judicial officer, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must reconsider the question of bail.
4: After a defendant has been arrested under subsection (1), the defendant cannot be bailed as of right and is bailable only under section 7(5)
5: This section does not apply if section 36
6: Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37
7: Sections 215 to 232
a: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
c: is arrested without warrant under subsection (1). Section 35 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 35(1) amended 4 September 2013 section 25(1) Bail Amendment Act 2013 Section 35(2) replaced 4 September 2013 section 25(2) Bail Amendment Act 2013 Section 35(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 35(7) inserted 1 July 2019 section 25 Oranga Tamariki Legislation Act 2019
36: Arrest of defendant charged with drug dealing offence
1: If a defendant has been released on bail under section 16
a: the constable believes on reasonable grounds that the defendant has absconded or is about to abscond for the purpose of evading justice; or
b: the Police have been notified in writing by any surety for the defendant that the surety believes that the defendant has absconded or is about to abscond for the purpose of evading justice, and the constable is satisfied that there are reasonable grounds for that belief; or
c: the constable believes, on reasonable grounds, that the defendant has broken, is breaking, or is about to break, any condition of bail (whether imposed under section 30
d: the Police have been notified by any surety for the defendant that the surety believes that the defendant has broken, is breaking, or is about to break, any such condition of bail, and the constable is satisfied that there are reasonable grounds for that belief.
2: A defendant who has been arrested under subsection (1) must be brought before a High Court Judge or a District Court Judge
3: If a defendant is brought before a
4: If a defendant is brought before a
a: if satisfied on the balance of probabilities that the defendant has broken, was breaking, or was about to break any condition of bail, remand the defendant in custody; or
b: release the defendant.
5: If a defendant is released under subsection (4)(b), the defendant's bail
6: Despite subsections (4)(b) and (5), if a defendant was arrested under subsection (1)(d), the Judge may release the defendant under subsection (4)(b) only if—
a: the surety consents in writing to the release; or
b: a fresh bail bond is issued.
7: Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37
8: Sections 215 to 232
a: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
c: is arrested without warrant under subsection (1). Section 36 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 36(2) amended 4 September 2013 section 26(1) Bail Amendment Act 2013 Section 36(3) amended 4 September 2013 section 26(2) Bail Amendment Act 2013 Section 36(4) amended 4 September 2013 section 26(3) Bail Amendment Act 2013 Section 36(5) amended 4 September 2013 section 26(4) Bail Amendment Act 2013 Section 36(8) inserted 1 July 2019 section 26 Oranga Tamariki Legislation Act 2019
36A: Offence to refuse authorised person entry to EM address
1: A person ( A
2: A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
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); or
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. Section 36A inserted 4 September 2013 section 27 Bail Amendment Act 2013
37: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
1: A judicial officer or Registrar may issue a warrant
a: the judicial officer or Registrar is satisfied by evidence on oath that—
i: the defendant has absconded or is about to abscond for the purpose of evading justice; or
ii: the defendant has contravened or failed to comply with any condition of bail; or
b: the defendant—
i: does not attend personally at the time and place specified in the notice of bail or, as the case may be, the bail bond; or
ii: does not attend personally at any time or place to which during the course of the proceedings the hearing has been adjourned.
2: A warrant to arrest a defendant under this section must be directed to a constable by name or generally to every constable.
3: The warrant may be executed by any constable.
4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the defendant against whom it is issued is on those premises.
5: The constable executing the warrant—
a: must have the warrant, or a copy of it, with him or her; and
b: must produce it, or a copy of it, on initial entry and, if requested, at any subsequent time; and
c: if he or she is not in uniform, produce evidence that he or she is a constable.
6: If a defendant is arrested under a warrant issued under this section,—
a: section 35(2) to (4) section 35(1)
b: in the case of a person who is charged with or convicted of a drug dealing offence and who has been released on bail in relation to that offence, section 36(2) to (6) section 36(1)
7: In this section, judicial officer or Registrar
a: for proceedings in the District Court, a judicial officer or Registrar of the 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. Section 37 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 37(1) amended 4 September 2013 section 28(1) Bail Amendment Act 2013 Section 37(7) replaced 4 September 2013 section 28(2) Bail Amendment Act 2013 Section 37(7)(a) amended 1 March 2017 section 261 District Court Act 2016
38: Failure to answer bail
A defendant commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $2,000 who, having been released on bail by the Supreme Court, the Court of Appeal, the High Court, the District Court
a: fails without reasonable excuse to attend personally at the time and the court specified in the notice of bail or bail bond; or
b: fails without reasonable excuse to attend personally at any time and place to which during the course of the proceedings the hearing has been adjourned; or
c: fails without reasonable excuse to comply with any condition imposed under section 40(3) Section 38 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 38 amended 1 March 2017 section 261 District Court Act 2016
39: Non-performance of condition of bail may be certified and recorded
1: If a defendant who has been released on bail at any time fails to comply with any condition of bail, a judicial officer may certify on
2: A certificate given by a judicial officer under subsection (1) is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 24 38
3: In addition to the certification described in subsection (1), if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a judicial officer must direct the Registrar section 184
4: Despite subsection (3), the judicial officer may decide not to direct that the failure to comply be entered in the court record if in the judicial officer's opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion.
5: A failure to comply with any condition of bail that is entered in the court record under subsection (3) may be considered in any subsequent application for bail made by that defendant over his or her lifetime.
6: In this section, judicial officer
a: any judicial officer, if the defendant was released on bail by the District Court, a Registrar, or a Police employee section 187
b: a Judge, if any of the matters set out in paragraph (a) do not apply. Section 39 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 39(1) amended 4 September 2013 section 29(1) Bail Amendment Act 2013 Section 39(3) amended 4 September 2013 section 29(2) Bail Amendment Act 2013 Section 39(6) replaced 4 September 2013 section 29(3) Bail Amendment Act 2013 Section 39(6)(a) amended 1 March 2017 section 261 District Court Act 2016
39A: Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety
1: If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3)
2: The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety. 1950 No 54 s 21 Section 39A inserted 8 September 2018 section 39(2) Statutes Amendment Act 2018
Subpart 2: Bail on deferment of sentence
Subpart 2 inserted 1 July 2013 section 15 Bail Amendment Act 2011
40: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender is deferred under section 80W 100
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if the sentence is deferred under section 80W
i: go to and remain at the home detention residence (as defined in section 4 section 80C(3)(a) or (b)
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100
4: The provisions of sections 30 to 39 41 to 44
5: If any decision is made by the District Court or the High Court under section 33(1) sections 41 to 43
6: Section 40 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 40(4) amended 14 November 2018 section 94(1) Courts Matters Act 2018 Section 40(5) replaced 14 November 2018 section 94(2) Courts Matters Act 2018 Section 40(6) repealed 14 November 2018 section 94(2) Courts Matters Act 2018
Subpart 3: Appeals on question of bail
Subpart 3 inserted 1 July 2013 section 15 Bail Amendment Act 2011 Appeals from decisions of Justices or Community Magistrates Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
41: Interpretation
In this subpart, unless the context otherwise requires, appeal court
a: if a decision of a Justice or Justices or a Community Magistrate or Community Magistrates is appealed against, the District Court presided over by a District Court Judge:
b: if a decision of a District Court Judge is appealed against, the High Court:
c: if a decision of the High Court is appealed against, the Court of Appeal:
d: if a decision of the Court of Appeal is appealed against, the Supreme Court. Section 41 replaced 14 November 2018 section 95 Courts Matters Act 2018
42: Appeal against decision relating to bail
1: If a court refuses to grant bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the defendant may appeal to the appeal court against that decision.
2: If a court grants bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the prosecutor may appeal to the appeal court against that decision.
3: If a court imposes, or refuses to impose, any condition of bail, or makes or refuses to make an order under section 33
4: For the purposes of an appeal under this section, the failure to impose a condition of bail on any occasion on which the condition could lawfully be imposed is deemed to be a refusal to impose the condition.
5: No person may seek bail in the High Court under that court’s inherent jurisdiction if the person has a right of appeal to a District Court Judge under this section.
6: An appeal under this section is by way of rehearing. Section 42 replaced 14 November 2018 section 95 Courts Matters Act 2018
43: Procedure relating to appeal under section 42
1: Sections 273 to 275 subpart 12 section 42
2: Despite any other enactment or rule of law, on the hearing of the appeal under section 42
a: any note or transcript of the evidence adduced to the court appealed from; or
b: any note of the reasons for the decision appealed against; or
c: any copy of any note or transcript referred to in paragraph (a) or (b).
3: Every decision of the appeal court on an appeal under section 42
4: No decision appealed against under section 42
5: An appeal under section 42
a: lapses on that date; and
b: is deemed to be abandoned.
6: If the defendant does not appear at the hearing of the appeal under section 42(2) Section 43 replaced 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of District Court Judges Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
44: Execution of decision of appeal court on appeal relating to bail under section 42
1: If, on an appeal under section 42
2: The person who executes a warrant issued under subsection (1) must ensure that a copy of the notice of the result of the appeal is given to the defendant when the warrant is executed or as soon as practicable after the warrant is executed.
3: If, on an appeal under section 42
a: the appeal court must order that the defendant be released on bail; and
b: sections 30 31
4: If, on an appeal under section 42
a: if the defendant is present at the appeal court, a Registrar must,—
i: as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any); and
ii: be satisfied that the defendant understands the conditions of bail; and
iii: require the defendant to authenticate the notice of bail or bail bond:
b: if the defendant is not present at the appeal court, a Registrar of the court appealed from must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any) required to give effect to the decision on the appeal.
5: If, in any case to which subsection (4) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, a Judge of the court appealed from may issue a warrant for the arrest of the defendant. Section 44 replaced 14 November 2018 section 95 Courts Matters Act 2018
45: Procedure relating to appeal under section 44
Section 45 repealed 14 November 2018 section 95 Courts Matters Act 2018
46: Execution of decision of High Court on appeal relating to bail
Section 46 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of High Court Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
47: Appeal from decision of High Court relating to bail
Section 47 repealed 14 November 2018 section 95 Courts Matters Act 2018
48: Procedure relating to appeal under section 47
Section 48 repealed 14 November 2018 section 95 Courts Matters Act 2018
49: Execution of decision of Court of Appeal on appeal relating to bail
Section 49 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of Court of Appeal on appeal Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
50: Execution of decision of Supreme Court on appeal relating to bail
Section 50 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeal against entry of non-performance of condition of bail Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
51: Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record
Section 51 repealed 14 November 2018 section 95 Courts Matters Act 2018
52: Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record
Section 52 repealed 14 November 2018 section 95 Courts Matters Act 2018 Issue of warrant for detention in custody Heading inserted 4 September 2013 section 37 Bail Amendment Act 2013
52A: Period for which warrant for detention in custody may be issued
1: This section applies to a warrant issued under section 44(1)
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. Section 52A inserted 4 September 2013 section 37 Bail Amendment Act 2013 Section 52A(1) replaced 14 November 2018 section 96 Courts Matters Act 2018
Subpart 4: Bail pending appeal against conviction or sentence
Subpart 4 inserted 1 July 2013 section 15 Bail Amendment Act 2011
53: Granting of bail to appellant in custody
or on home detention
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
2: If the appellant is in custody , or is subject to a sentence of home detention,
a: at the discretion of the Justice or Justices or a Community Magistrate or Community Magistrates who presided over the District Court whose determination is appealed against; or
b: if that Justice or those Justices or that Community Magistrate or those Community Magistrates are not available, at the discretion of a District Court Judge or some other Justice or Community Magistrate.
3: Subject to the provisions of section 31 the District Court at the place where the appeal is being dealt with
4: If an appellant is granted bail under this section, the provisions of sections 30 to 33 35 37 38 39 51
5: If an appellant is granted or refused bail under this section, or any decision is made under section 33(1) sections 41 42
6: For the purposes of this section,—
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B
7: If an appeal is filed on a question of law under subpart 8 Section 53 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 53 heading amended 23 October 2013 section 6(1) Administration of Community Sentences and Orders Act 2013 Section 53(1) replaced 17 December 2016 section 9 Statutes Amendment Act 2016 Section 53(2) amended 23 October 2013 section 6(3) Administration of Community Sentences and Orders Act 2013 Section 53(3) amended 1 March 2017 section 261 District Court Act 2016 Section 53(4) amended 23 October 2013 section 6(4) Administration of Community Sentences and Orders Act 2013 Section 53(6) replaced 23 October 2013 section 6(5) Administration of Community Sentences and Orders Act 2013
54: Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing against the conviction or sentence, or both, to the High Court, Court of Appeal, or Supreme Court (as the case requires).
2: If the appellant is in custody, or is subject to a sentence of home detention, only under the conviction to which the appeal relates, the appellant is bailable at any time before the hearing of the appeal—
a: at the discretion of the Judge who presided over the court whose determination is appealed against (if applicable); or
b: if that Judge is not available,—
i: if the decision was made by a District Court Judge, at the discretion of another District Court Judge; or
ii: if the decision was made by a High Court Judge, at the discretion of another High Court Judge; or
c: at the discretion of the Court of Appeal or Supreme Court (in the case of an appeal to the Court of Appeal or to the Supreme Court).
3: Subject to the provisions of section 31
4: If an appellant is granted bail under this section, the provisions of sections 30 to 33 35 to 39 54A
5: If an appellant is granted or refused bail under this section, or if any decision is made under section 33(1) sections 42 43
6: Section 53(6)
7: If an appeal is filed on a question of law under subpart 8 Section 54 replaced 14 November 2018 section 97 Courts Matters Act 2018
54A: Appeal against entry by court of non-performance of condition of bail in court record
1: If a court directs, under section 39
2: After considering an appeal under subsection (1), the appeal court Judge may order that—
a: the direction stand; or
b: the direction be amended; or
c: the direction be revoked.
3: There is no further right of appeal against a direction to enter the non-performance of a condition of bail in the court record than that given by this section.
4: No direction appealed against under this section is suspended merely because notice of that appeal has been given. Section 54A inserted 14 November 2018 section 97 Courts Matters Act 2018
55: When person is in custody or on home detention for purposes of section 54
For the purposes of section 54
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B Section 55 replaced 14 November 2018 section 97 Courts Matters Act 2018
56: Appeals on questions of law
If under section 302(2) the District Court Criminal Procedure Act 2011
a: allow the defendant to go at large; or
b: grant the defendant bail; or
c: remand the defendant in custody. Section 56 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 56 amended 1 March 2017 section 261 District Court Act 2016
57: Intermediate effects of appeal
1: In every case where an appeal court directs a new trial or remits a sentence, the court must, in accordance with the applicable provisions of this Act and the Criminal Procedure Act 2011
a: allow the defendant to go at large; or
b: grant the defendant bail; or
c: remand the defendant in custody.
2: If no application for bail has been made to the appeal court, the defendant may at any time apply to a High Court Judge or a District Court Judge (as the case may require), who may in the Judge's discretion grant bail on such terms and subject to such conditions as the Judge thinks fit. Section 57 replaced 1 July 2013 section 15 Bail Amendment Act 2011
58: Time on bail pending appeal not to be taken as time served
1: Section 95
1A: For the purposes of section 343(b)
2: For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period in which the offender is released on bail pending an appeal. Section 58 replaced 23 October 2013 section 9 Administration of Community Sentences and Orders Act 2013 Section 58(1A) inserted 14 November 2018 section 98 Courts Matters Act 2018
59: Surrender of appellant released on bail
from sentence of imprisonment
1: An appellant who has been released from custody on bail pending the hearing of the appeal may surrender himself or herself and apply to a judicial officer of the court that released the appellant
2: A judicial officer who discharges the bail of an appellant Section 59 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 59 heading amended 23 October 2013 section 10(1) Administration of Community Sentences and Orders Act 2013 Section 59(1) amended 23 October 2013 section 10(2) Administration of Community Sentences and Orders Act 2013 Section 59(2) amended 23 October 2013 section 10(3) Administration of Community Sentences and Orders Act 2013 Section 59(2) amended 4 September 2013 section 39 Bail Amendment Act 2013
60: Surrender of appellant released on bail from sentence of home detention
1: An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.
2: If an appellant applies for the discharge of bail under subsection (1), the District Court Judge may,—
a: if the appellant has been on bail for longer than 2 months, adjourn the matter to enable a probation officer to obtain the information required under subsection (3); and
b: either—
i: remand the appellant in custody; or
ii: grant the appellant bail for the period of the adjournment.
3: Before ordering that an appellant resume serving a sentence of home detention under subsection (1), the District Court Judge must, if the appellant has been on bail for longer than 2 months, consider information from a probation officer on—
a: whether the home detention residence is still available and suitable; and
b: whether every relevant occupant (as defined in section 26A(4)(a)
4: If a District Court Judge orders that the appellant resume serving the sentence of home detention,—
a: the appellant must go to and remain at the home detention residence unless absent in accordance with section 80C(3)(a) or (b)
b: the sentence of home detention resumes when the appellant has arrived at the home detention residence under paragraph (a). Section 60 inserted 23 October 2013 section 11 Administration of Community Sentences and Orders Act 2013
4: Bail when proceedings taken by way of indictment
Part 4 repealed 1 July 2013 section 15 Bail Amendment Act 2011
5: Miscellaneous provisions
73: Rules relating to practice and procedure of courts
1: The Governor-General may, by Order in Council, make rules regulating the practice and procedure of any court in proceedings under this Act.
2: Until rules are made under this section, or if they are made so far as they do not extend, the existing practice and procedure in New Zealand in relation to bail is not affected as far as it is not altered by or inconsistent with the provisions of this Act.
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 heading replaced 15 May 2017 section 10 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 73(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AA: Rules about drug and alcohol testing and monitoring
1: The Commissioner may
a: prescribing, for the purposes of section 30T(1)(a) and (c)
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from requiring a defendant to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
d: prescribing, for the purposes of section 30T(1)(b)
e: specifying restrictions as to how often, and for how long,—
i: continuous monitoring may be carried out:
ii: a defendant may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a defendant in order for the sample to be used as evidence that the defendant has breached a drug or alcohol condition:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
2: In this section and in sections 73AAB 73AAC Commissioner
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publish it on a website maintained by, or on behalf of, the New Zealand Police and that is, so far as practicable, publicly available free of charge • make it available for inspection free of charge • make it available for sale at a reasonable price 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 73AA inserted 15 May 2017 section 11 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 73AA(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 73AA(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AAB: Further provisions concerning rules about drug and alcohol testing and monitoring
1: Rules made under section 73AA(1)(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of a bodily sample:
b: require a defendant to be supervised by a person of the same sex as the defendant during the collection of a bodily sample required for testing:
c: provide for a defendant to elect, if the defendant meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The Commissioner may make rules under section 73AA(1)
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
b: allow for defendants to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
c: ensure that defendants liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)(b) overrides subsection (2)(c). Section 73AAB inserted 15 May 2017 section 11 Bail (Drug and Alcohol Testing) Amendment Act 2016
73AAC: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
Section 73AAC repealed 28 October 2021 section 3 Secondary Legislation Act 2021
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. Section 73A inserted 4 September 2013 section 40 Bail Amendment Act 2013
74: Repeal and enactments amended
1: The Crimes Amendment Act (No 2) 1991 is repealed.
2: The enactments specified in Schedule 2
75: Savings
Despite the repeal of any enactment by this Act, where any notice of appeal has been filed in any office of a court under any such enactment before the date of the commencement of this Act, and the appeal is not finally determined before that date, the provisions of that enactment continue to apply to that appeal in all respects as if this Act had not been passed.
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DLM69691
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2000
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Taxation (GST and Miscellaneous Provisions) Act 2000
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1: Title
This Act is the Taxation (GST and Miscellaneous Provisions) Act 2000.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
1: Amendments to Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
3: Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
4: Satisfaction of income tax liability
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
5: Non-profit bodies' and charities' exempt income
Subsection (2) amended 268(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression 1997-98 1995-96 10 October 2000 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
6: New
section CD 7 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
7: Exclusions from term dividends
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
8: Amount of dividend includes credits and certain foreign tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
9: New
section DI 3A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
10: New
section DJ 19 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
11: Year in which non-competitive levies and premiums under
Accident Insurance Act 1998 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
12: Accounting for goods and services tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
13: New
section ED 6A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
14: Disposal of trading stock on sale of business
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
15: Rules for non-market transactions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
16: Section EH 18 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
17: Sale for no consideration or for consideration less than market price
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
18: New section EN 8 inserted
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
19: New
section EO 6 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
20: Interpretation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
21: Agreements purporting to alter incidence of tax to be void
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
22: New
sections GC 14B to GC 14E Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
23: Taxable income to be calculated generally as if group were single company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
24: Group investment funds
Subsection (2) amended 268(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression 1997-98 1995-96 10 October 2000 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
25: New
section HF 2 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
26: Interpretation
Subsection (2) amended 268(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression 1997-98 1995-96 10 October 2000 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
27: Trustee income
Subsection (2) amended 268(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression 1997-98 1995-96 10 October 2000 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
28: Rebate for gifts of money
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
29: Allowance of credit of tax in end of year assessment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
30: Credit of tax by instalments
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
31: Commissioner to deliver credit of tax by instalments
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
32: Credits in respect of tax paid in a country or territory outside New Zealand
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
33: New
section LC 1A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
34: Section LC 3 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
35: Information for credit to be furnished within 4 years
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
36: Ascertainment of New Zealand income tax liability on foreign source income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
37: Tax deductions to be credited against tax assessed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
38: Lost tax deduction certificates
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
39: Tax deductions for which no certificate issued
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
40: Special rules for holding companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
41: Amount of provisional tax payable
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
42: Election to be a provisional taxpayer
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
43: Amount of provisional tax instalments in transitional year
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
44: New
section MB 9A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
45: Credits arising to imputation credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
46: Debits arising to imputation credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
47: Assessment and payment of tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
48: Application of RWT rules
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
49: Certificates of exemption
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
50: Definitions
Subsection (23) amended 268(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression 1997-98 1995-96 10 October 2000 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
51: Meaning of source deduction payment—shareholder-employees of close companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
52: Modifications to measurement of voting and market value interests in cases of continuity provisions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
53: Further definitions of associated persons
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
54: Classes of income deemed to be derived from New Zealand
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
55: References to income years in particular provisions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
56: References to particular regimes in former Act, etc
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
57: Schedule 13 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
58: Schedule 18 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
2: Amendments to Tax Administration Act 1994
59: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994
60: Interpretation
1: This section amends section 3(1)
2: In paragraph (c) new provisional taxpayer assessable income gross income
3: The definition of new provisional taxpayer
4: In the definition of tax paragraph (b)
c: for the purpose of sections 6, 6A and 6B
d: for the purpose of sections 176 and 177
i: a tax, levy or duty of any type imposed by a tax law, regardless of how the tax, levy or duty is described:
ii: an amount deemed by a tax law to be a tax, levy or duty:
iii: any other amount payable to the Commissioner under a tax law, including:
A: a dividend withholding payment:
B: an amount imposed under section 157 of this Act section 43 of the Goods and Services Tax Act 1985
C: an amount payable by a payer, as defined in section 153 of the Child Support Act 1991 Part X of that Act
D: a repayment deduction, as defined in section 2 of the Student Loan Scheme Act 1992 section 46 of that Act
iv: a tax prescribed in section 173D
v: interest imposed under Part VII
vi: a civil penalty: but does not include—
vii: the approved issuer levy, as defined in section 86F of the Stamp and Cheque Duties Act 1971
viii: financial support, as defined in section 2(1) of the Child Support Act 1991
ix: a repayment obligation, as defined in section 2 of the Student Loan Scheme Act 1992
5: Subsection (2)
6: Subsection (3)
7: In subsection (4)
a: new paragraph (c)
b: new paragraph (d) section 176 177 Subsection (7)(b) substituted 76(2) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 10 October 2000
61: Annual income tax returns not required
1: After section 33A(1)(b)(ix)
ixa: salary or wages from employment as a casual agricultural employee, if the employee has used the CAE
2: In section 33A(1)(g) year. year; and
h: is not eligible to receive a full base interest write-off or a base interest reduction under sections 39 40 of the Student Loan Scheme Act 1992
3: Subsection (1)
4: Subsection (2)
62: Returns by person claiming housekeeper or charitable rebates
1: Section 41A(2)
2: The total amount of the refunds, including refunds made that were subject to an application under subsection (6AA)
2: In section 41A(6) in the 6 months from 1 April to 30 September in the period from 1 April to 31 December
3: In section 41A(6) in the period from 1 April to 31 December in the 6 months from 1 April to 30 September
4: After section 41A(6)
6AA: Despite subsection (6)
a: before the end of the income year to which the application relates; or
b: after the period during which a taxpayer may make an application.
6AB: For the purpose of subsection (6AA)
a: a taxpayer leaving New Zealand, permanently or for a significant length of time:
b: a trustee of a deceased person's estate who wishes to wind up the estate.
5: Subsections (1) (4)
6: Subsection (2)
7: Subsection (3)
63: Notification required that taxpayer not subject to this Part
1: Section 80B(2)
2: The information required under subsection (1)
a: for a person to whom section NC 17(2)(a) of the Income Tax Act 1994
b: for a person to whom section NC 17(2)(b) of the Income Tax Act 1994
2: In section 80B(3) section NC 17 section NC 17(2)
3: Subsections (1) (2)
64: Natural person to request income statement
1: Section 80C(2)
2: A request required under subsection (1)
a: for a person to whom section NC 17(2)(a) of the Income Tax Act 1994
b: for a person to whom section NC 17(2)(b) of the Income Tax Act 1994
2: In section 80C(3) section NC 17 section NC 17(2)
3: Subsections (1) (2)
65: Commissioner must issue income statement
1: In section 80D(2) annual
2: Subsection (1)
66: Taxpayer obligations and assessment on receipt of income statement
1: Section 80F(2)
2: A person must inform the Commissioner by the later of—
a: for a person to whom section NC 17(2)(a) of the Income Tax Act 1994
i: the 7 February next following the income year to which the income statement relates; and
ii: the date that occurs 2 months after the date of issue of the income statement:
b: for a person to whom section NC 17(2)(b) of the Income Tax Act 1994
i: the 7 April next following the income year to which the income statement relates; and
ii: the date that occurs 2 months after the date of issue of the income statement.
2: In section 80F(3) section NC 17 section NC 17(2)
3: Subsections (1) (2)
67: Income statement deemed general assessment
1: Section 80H(3)(a)
a: for a person to whom section NC 17(2)(a) of the Income Tax Act 1994
ab: for a person to whom section NC 17(2)(b) of the Income Tax Act 1994
2: Section 80H(4)
4: A general assessment under subsection (1)
a: for a person to whom section NC 17(2)(a) of the Income Tax Act 1994 section NC 17(3)
b: for a person to whom section NC 17(2)(b) of the Income Tax Act 1994 section NC 17(3)
3: In section 80H(5) section NC 17 section NC 17(2)
4: After section 80H(5)
6: If a person is first issued with an income statement for an income year after their terminal tax date or the date their income tax is payable under section NC 17(3) subsection (1)
a: treated as having been made on the date that is 2 months after the date the first income statement is issued; and
b: treated as reflecting the tax position taken in the last income statement issued by the Commissioner in that 2-month period.
5: Subsections (1) to (4)
68: Determinations in relation to financial arrangements
1: In section 90(1) paragraph (c) EH 1(5) EH 1(6)
2: In section 90(1)(d) (5)(a) (6)(a)
3: In section 90(1)(e) EH 1(6) EH 1(7)
4: In section 90(1)(f) EH 1(7) EH 1(8)
5: Subsections (1) to (4)
69: Amount of provisional tax based on 1997-98 or earlier income year
1: Section 119A
2: Subsection (1)
70: Instalments of and due dates for provisional tax
1: In section 120K(1)
2: In section 120K(3) paragraph (a)
3: Other than in a transitional year, a new provisional taxpayer's residual income tax for an income year is to be treated for the purpose of this Part as being due and payable—.
3: Section 120K(4)
4: A provisional taxpayer's residual income tax for an income year is due and payable in one instalment on the taxpayer's terminal tax date if—
a: the provisional taxpayer is a natural person, other than in the person's capacity as a trustee; and
b: the provisional taxpayer's residual income tax is less than $30,000 in the income year; and
c: the provisional taxpayer has not provided an estimate of the person's residual income tax under section MB 3 of the Income Tax Act 1994
d: the provisional taxpayer has not, at any time during the income year, held a valid certificate of exemption issued under section NF 9(12) of the Income Tax Act 1994
4: Section 120K(4A)
4A: Other than a natural person to whom subsection (4)
a: on the instalment date or dates occurring after the new provisional taxpayer's first business day in accordance with section MB 5A of the Income Tax Act 1994
b: subject to paragraph (c) paragraph (a) 4 X RIT ———— m where—
RIT: is the residual income tax for the transitional year; and
m: is the number of months in the transitional year:
c: the amount payable on a final instalment date is determined in accordance with section MB 5A of the Income Tax Act 1994 paragraph (b)
5: After section 120K(4A)
4AB: A new provisional taxpayer's residual income tax for a transitional year is due and payable as follows:
a: on the instalment date or dates occurring after the new provisional taxpayer's first business day in accordance with section MB 5A of the Income Tax Act 1994
b: subject to paragraph (c) paragraph (a) 4 X RIT ———— m where—
RIT: is the residual income tax for the transitional year; and
m: is the number of months in the transitional year:
c: the amount payable on a final instalment date is determined in accordance with section MB 5A of the Income Tax Act 1994 paragraph (b)
6: Subsections (1) and (3)
7: Subsection (2)
8: Subsections (4) (5) Subsection (6) amended 268(3) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression and (3) , (3) and (4) 10 October 2000 Subsection (8) amended 268(4) by substituting the expression Subsections (4) and (5) Subsection (5) 10 October 2000
71: Application of Part 8
1: In section 124A(3) Part IIIA Part III
2: Subsection (1)
72: Late payment penalty
1: In section 139B(2)(b) 2% 1%
2: Subsection (1)
73: Late payment penalty and provisional tax
1: In section 139C(2), in the definition of provisional tax payable (a)
a: in respect of an instalment date and a taxpayer to whom section MB 5 of the Income Tax Act 1994
i: the amount calculated as payable under section MB 5
ii: the amount calculated as payable under section MB 5 section MB 2, or sections MB 2AA or MB 2AB
aa: in respect of an instalment date and a taxpayer to whom section MB 5A of the Income Tax Act 1994
i: the amount calculated as payable under section MB 5A
ii: the amount calculated as payable under section MB 5A section MB 5A(5) and MB 5A(7)
2: Subsection (1)
74: Tax shortfalls
1: In section 141(7)(c) section OD 8 section OD 8(1)
2: Subsection (1)
75: Absolute liability offences
1: After section 143(1)(b)
ba: does not provide a tax invoice as required by section 24 of the Goods and Services Tax Act 1985
2: Subsection (1)
76: Relief in cases of serious hardship
1: Section 176(6) 176(7)
2: Subsection (1)
77: Discretion to grant relief from income tax or fringe benefit tax in cases of financial hardship
1: In section 177(1) in writing
2: After section 177(1)
1A: An application for relief by way of remission must be in writing.
3: Subsections (1) (2)
78: Section 177 replaced
1: Section 177
177: Discretion to grant relief in cases of financial hardship
1: A taxpayer, or a person on a taxpayer's behalf, may apply for relief if the taxpayer—
a: is, or is likely to become, liable for payment of tax; and
b: is at the time of applying, in financial difficulties.
2: An application for relief by way of remission must be in writing.
3: If subsection (1)
a: remitting all or part of the tax; or
b: entering into an arrangement with the taxpayer for the payment of all or part of the tax in one or more payments; or
c: applying both paragraphs (a) and (b)
4: The Commissioner may, if the Commissioner thinks fit, issue an amended assessment to give effect to any action taken under subsection (3)
5: The Commissioner may cancel all or part of the relief granted under this section if—
a: the Commissioner has reason to believe that the information provided by the taxpayer to enable the Commissioner to apply this section is misleading in any respect such that the Commissioner considers that it was inappropriate for all or part of the relief to have been granted; or
b: the Commissioner receives further information relating to the taxpayer's affairs, as they were on the date on which relief was granted, such that the Commissioner considers that it was inappropriate for all or part of the relief to have been granted.
6: If subsection (5)
7: A Commissioner's decision to grant or cancel relief may not be objected to or challenged.
2: Subsection (1)
79: Cancellation of interest
1: In section 183C(4) 183C(5) 15th 30th
2: Subsection (1)
80: Refund of tax paid in excess made by direct credit to bank account
1: Section 184A(5)
5: In this section, tax
a: an amount defined as tax in section 3(1)(a)
b: a refund allowed under section 41A
c: the approved issuer levy, as defined in section 86F of the Stamp and Cheque Duties Act 1971
d: cheque duty, as provided for in section 77 of the Stamp and Cheque Duties Act 1971
e: financial support, as defined in section 2 of the Child Support Act 1991
f: a repayment obligation, as defined in section 2 of the Student Loan Scheme Act 1992
2: Subsection (1) Subsection (2) substituted 10 October 2000 76(3) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
3: Amendments to Goods and Services Tax Act 1985
81: Goods and Services Tax Act 1985
This Part amends the Goods and Services Tax Act 1985
82: Interpretation
1: This section amends section 2
2: In subsection (1) associated persons sections 12 and 13 section 12
3: The definitions of associated persons input tax
4: The definition of due date due date section 19C(1) or 23(1)
5: After the definition of local authority member
6: After the definition of output tax partnership Partnership Act 1908
7: In the definition of resident (b)
b: a person who is an unincorporated body is deemed to be resident in New Zealand if the body has its centre of administrative management in New Zealand.
8: The definition of taxable supply taxable supply section 8 section 11, 11A or 11B
9: After the definition of unconditional gift unincorporated body
10: Subsection (2)
11: Subsection (3)
12: Subsections (4) to (9)
83: New section 2A inserted
1: After section 2
2A: Meaning of associated persons
1: In this Act, associated persons
a: two companies if a group of persons—
i: has voting interests in each of those companies of 50% or more when added together; or
ii: has market value interests in each of those companies of 50% or more when added together and a market value circumstance exists in respect of either company; or
iii: has control of each of those companies by any other means whatsoever:
b: a company and a person other than a company if the person has—
i: a voting interest in the company of 25% or more; or
ii: a market value interest in the company of 25% or more and a market value circumstance exists in respect of the company:
c: two persons who are relatives:
d: a partnership and a partner in the partnership:
e: a partnership and a person if the person is associated with a partner in the partnership:
f: a trustee of a trust and a person who has benefited or is eligible to benefit under the trust, except if, in relation to a supply of goods and services—
i: the trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic or cultural purposes; and
ii: the supply is made in carrying out these purposes:
g: a trustee of a trust and a settlor of the trust:
h: a trustee of a trust and a trustee of another trust if the same person is a settlor of both trusts:
i: a person (person A) and another person (person B) if—
i: person B is associated with a third person (person C) under any one of paragraphs (a) to (h)
ii: person C is associated with person A under any one of paragraphs (a) to (h)
2: For the purpose of subsection (1)(a) group of persons section OB 1 of the Income Tax Act 1994
3: For the purpose of subsection (1)(a) and (1)(b)
a: market value circumstance section OB 1 of the Income Tax Act 1994 this Act paragraph (a)(v) the Goods and Services Tax Act 1985
b: market value interest paragraph (a) of the definition of market value interest
c: voting interest paragraph (a) of the definition of voting interest
4: For the purpose of subsection (1)(a) and (1)(b) associated persons subsection (1)(c) to (1)(i)
5: For the purpose of subsection (1)(c) relative
6: In subsection (5)
a: persons are connected by blood relationship if they are within the second degree of relationship:
b: persons are connected by marriage if—
i: one person is married to the other or to a person who is connected by blood relationship to the other; or
ii: the persons are in a relationship in the nature of marriage:
c: persons are connected by adoption if one has been adopted as the child of the other or as a child of a person who is within the first degree of relationship to the other.
7: For the purpose of subsection (1)(g) and (1)(h) settlor section OB 1 of the Income Tax Act 1994
8: Subsection (1)(i) subsection (1)(c)
2: Subsection (1)
84: Meaning of term financial services
1: Section 3(1)(k)
k: the provision or assignment of a futures contract through a defined market or at arm's length if—
i: the contract does not provide for the delivery of a commodity; or
ii: the contract provides for the delivery of a commodity and the supply of the commodity is an exempt supply; or
iii: the contract provides for the delivery of money:
kaa: the provision of a financial option: .
2: Section 3(4)
4: Despite this section, financial services
a: the assignment or other transfer of a right to receive payment in relation to a taxable supply if, as a result of the assignment or transfer, output tax for the supply would not be or become attributable to a taxable period for the purpose of section 20(4)
b: debt collection services provided by a person other than the creditor whose debt is being collected.
3: Subsections (1) (2)
85: New section 3A inserted
1: After section 3
3A: Meaning of input tax
1: Input tax
a: tax charged under section 8(1)
b: tax levied under section 12(1) of this Act Customs and Excise Act 1996
c: an amount determined under subsection (3) subsection (2)
2: In the case of a supply by way of sale to a registered person of secondhand goods situated in New Zealand, the amount of input tax is determined under subsection (3) if—
a: the supply is not a taxable supply; and
b: the goods are not supplied by a supplier who—
i: is not resident in New Zealand; and
ii: has previously supplied the goods to a registered person who has entered them for home consumption under the Customs and Excise Act 1996
c: the goods are acquired for the principal purpose of making taxable supplies.
3: The amount of input tax is—
a: if the supplier and the recipient are associated persons, the lesser of—
i: the tax included in the original cost of the goods to the supplier; and
ii: the tax fraction of the purchase price; and
iii: the tax fraction of the open market value of the supply; or
b: if the supplier and the recipient are associated persons and the supplier is deemed to have made a supply of the goods under section 5(3) section 10(7A)
i: the tax fraction of the open market value of the deemed supply under section 5(3)
ii: the tax fraction of the purchase price; and
iii: the tax fraction of the open market value of the supply; or
c: if the supplier and the recipient are associated persons and the supplier is deemed to have made a supply of the goods under section 5(3) section 10(8)
i: the tax fraction of the valuation under section 10(8) section 5(3)
ii: the tax fraction of the purchase price; and
iii: the tax fraction of the open market value of the supply; or
d: if the supplier and the recipient are not associated persons and the supply is not the only matter to which the consideration relates, the lesser of—
i: the tax fraction of the purchase price; and
ii: the tax fraction of the open market value of the supply; or
e: in all other cases, the tax fraction of the consideration in money for the supply.
4: For the purpose of subsection (1)(b) applied
a: the delivery or the arranging of the delivery of the goods to a person in New Zealand; or
b: the making of the delivery of the goods to a person in New Zealand more easily achieved.
5: For the purpose of subsection (3) tax fraction
2: Subsection (1)
86: Meaning of term supply
1: Section 5(3A)
2: In the proviso to section 5(7)(a) 533,
3: Section 5(7)(b)
b: the Chatham Islands Council is treated as supplying goods and services to a person if an amount of council dues, as defined in section 2 of the Chatham Islands Council Act 1995
4: After section 5(11C)
11D: Subsections (11E) to (11I)
11E: The issue of a token, stamp or voucher is treated as a supply of goods and services.
11F: The redemption of a token, stamp or voucher is not treated as a supply of goods and services.
11G: Despite subsection (11F)
a: it is not practical to treat the issue as a supply of goods and services; and
b: the issuer of the token, stamp or voucher and the supplier of the goods or services that are specified in the token, stamp or voucher agree.
11H: Subsection (11G)
11I: Subsection (11G)
a: a postage stamp, as defined in section 2(1) of the Postal Services Act 1998
b: a token, stamp or voucher that gives the recipient the right to receive services described in section 11A(2)
5: In section 5(13)
13: For the purpose of this Act, except for subsection (13B) and section 20(3)
a: on the day the registered person receives the payment; and
b: in the course or furtherance of the registered person's taxable activity: .
6: In the proviso to section 5(13) indemnity
7:
8: Section 5(13B)(b)
b: a deduction under section 20(3)(d)
9: Section 5(14)
14: If a supply is charged with tax under section 8 section 11, 11A or 11B
10: In section 5(17) section 21(5) of this Act section 21F
11: Subsection (1)
12: Subsections (2) (4) to (10)
13: Subsection (3) Subsection (7) repealed 10 October 2000 76(4) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
87: Meaning of term taxable activity
1: Section 6(2)
2: Anything done in connection with the beginning or ending, including a premature ending, of a taxable activity is treated as being carried out in the course or furtherance of the taxable activity.
2: Subsection (1)
88: Time of supply
1: After section 9(2)
2A: Despite subsection (1) section 5(11G)
2B: If section 5(11H)
2: In section 9(6) section 21(2) of this Act section 21C
3: After section 9(7)
8: Despite subsection (1) section 5(7)(a)
a: the date on which an instalment notice is issued if the instalment notice requires payment of an instalment by a particular date:
b: the date on which payment is required by the instalment notice:
c: the date on which payment is received.
4: Subsections (1) to (3)
89: Value of supply of goods and services
1: Section 10(3)
3: Subject to subsections (3A) and (8)
a: the supply is made by a person for no consideration or for a consideration that is less than the open market value of the supply; and
b: the supplier and the recipient are associated persons; and
c: the supply is not a fringe benefit that the supplier has, or is deemed to have, provided or granted under the FBT rules of the Income Tax Act 1994
2: In section 10(3A)
a: registered person person
b: paragraph (b)
b: either—
i: is entitled to make a deduction under section 20(3) section 3A(3)(a)
ii: would have been entitled to make a deduction under section 20(3) section 3A(3)(a)
3: In section 10(4) the proviso to section 11(1) of this Act section 11(3)
4: Section 10(5)
5: Despite subsection (2)
5A: In subsection (5) credit contract cash price Credit Contracts Act 1981
5: In section 10(7) section 21(3) of this Act section 21I(1)
6: After section 10(7)
7A: If goods and services are deemed to be supplied by a person under section 5(3)
7: In section 10(8) or section 21(1) of this Act and the goods and services were acquired before 1 October 1986 or, where goods and services are treated as being supplied under section 21
8: In section 10(15A) Notwithstanding anything in subsection (16) or subsection (17) of this section If
9: Section 10(16) 10(16A) 10(17) 10(17A) 10(20)
10: Subsections (1) to (8)
11: Subsection (9)
90: Section 11 replaced
1: Section 11
11: Zero-rating of goods
1: A supply of goods that is chargeable with tax under section 8
a: the supplier has entered the goods for export under the Customs and Excise Act 1996
b: the goods have been deemed to be entered for export under the Customs and Excise Act 1996
c: the supplier has satisfied the Commissioner that the goods have been exported by the supplier to a place outside New Zealand; or
d: subject to subsection (4) Customs and Excise Act 1996
e: subject to subsection (4) Customs and Excise Act 1996
f: goods that would otherwise have been exported are destroyed, die or cease to exist in circumstances beyond the control of either the supplier or the recipient; or
g: subject to subsection (6) section 12 of the Customs and Excise Act 1996
i: the supplier has been licensed by the Chief Executive of the New Zealand Customs Service to operate a sealed bag system; and
ii: the goods are supplied in accordance with the sealed bag system; and
iii: the goods are entered, or are deemed to be entered, for export under the Customs and Excise Act 1996
h: the goods and services are supplied—
i: by a supplier who is licensed under section 12 of the Customs and Excise Act 1996
ii: within an area licensed under section 12 of the Customs and Excise Act 1996
iii: to either—
A: an inbound air traveller; or
B: an outbound air traveller who picks up the goods upon returning to New Zealand; or
i: subject to subsection (7)
j: the goods are not situated in New Zealand at the time of supply and are not to be entered into New Zealand for home consumption under the Customs and Excise Act 1996
k: the goods have been supplied in the course of repairing, renovating, modifying or treating goods to which section 11A(1)(h) or 11A(1)(i)
i: are wrought into, affixed to, attached to or otherwise form part of those other goods; or
ii: are consumable goods that become unusable or worthless as a direct result of being used in the repair, renovation, modification or treatment process; or
l: the goods have been supplied for use as stores for consumption outside New Zealand on an aircraft going to a destination outside New Zealand or on a fishing ship going outside New Zealand fisheries waters or on a foreign-going ship; or
m: the supply to a registered person of a taxable activity, or part of a taxable activity, that is a going concern at the time of the supply, if—
i: the supply is agreed by the supplier and the recipient, in writing, to be the supply of a going concern; and
ii: the supplier and the recipient intend that the supply is of a taxable activity, or part of a taxable activity, that is capable of being carried on as a going concern by the recipient; or
n: the supply of new fine metal, being the first supply of the new fine metal after its refining, by the refiner to a dealer in fine metal, for the purpose of supplying the fine metal for use as an investment item.
2: For the purpose of subsection (1)(n)
3: Subsection (1)(a) to (1)(l)
a: the registered person, or another person associated with the registered person, has deducted, under section 20(3) section 3A(1)(c)
b: the goods have been or will be reimported into New Zealand by the supplier.
4: If subsection (1)(d) or (1)(e) subsection (5) section 8 subsection (1)(d) and (1)(e) subsection (1)(a), (1)(b) and subsection (5)
5: The Commissioner may extend the 28-day period before a supply of goods is charged with tax at the rate specified in section 8
a: circumstances beyond the control of the supplier and the recipient have prevented, or will prevent, the export of the goods within 28 days beginning on the day of the time of supply; or
b: due to the nature of the supply, it is not practicable for the supplier to export the goods, or a class of the goods, within 28 days beginning on the day of the time of supply.
6: If subsection (1)(g) subsection (1)(g) section 8
7: Subsection (1)(i)
a: the boat or aircraft is exported within 60 days beginning on the date on which the recipient or the recipient's agent takes physical possession of it, or within a longer period as the Commissioner may allow under subsection (8)
b: the vendor or the purchaser provides the Commissioner with such documentation and undertakings as the Commissioner may require in relation to—
i: records of the sale of the supply; and
ii: limitations on dealings in and the uses to which the boat or aircraft will be put before export; and
iii: the proposed and actual date of export.
8: The Commissioner may extend the 60-day period if the Commissioner is satisfied, upon the written application of the supplier, that circumstances beyond the control of the supplier and the recipient have prevented, or will prevent, the export of the boat or aircraft within the period.
9: For the purpose of this section— aircraft section 2 of the Civil Aviation Act 1990 fishing ship section 2 of the Maritime Transport Act 1994 foreign-going ship pleasure craft fishing ship section 2 of the Maritime Transport Act 1994 New Zealand fisheries waters section 2 of the Fisheries Act 1996 sealed bag system
a: is licensed to operate an export warehouse; and
b: may, with the authorisation of the Chief Executive of the New Zealand Customs Service, and subject to any conditions that the Chief Executive may specify, supply goods in a sealed bag to individuals intending to travel overseas within 5 days beginning on the day of the time of supply; and
c: must provide evidence that the goods have been exported from New Zealand within 5 days beginning on the day of the time of supply, and if conditions have been specified by the Chief Executive of the New Zealand Customs Service, in accordance with those conditions.
11A: Zero-rating of services
1: A supply of services that is chargeable with tax under section 8
a: the services, not being ancillary transport activities such as loading, unloading and handling, are the transport of passengers or goods—
i: from a place outside New Zealand to another place outside New Zealand; or
ii: from a place in New Zealand to a place outside New Zealand; or
iii: from a place outside New Zealand to a place in New Zealand; or
b: the services are the transport of passengers from a place in New Zealand to another place in New Zealand to the extent that the transport is by aircraft section 2 of the Civil Aviation Act 1990 international carriage Air Act 1967
c: the services, including ancillary transport activities such as loading, unloading and handling, are the transport of goods from a place in New Zealand to another place in New Zealand to the extent that the services are supplied by the same supplier as part of the supply of services to which paragraph (a)(ii) or (a)(iii)
d: the services are the insuring, or the arranging of the insurance, or the arranging of the transport of passengers or goods to which any one of paragraphs (a) to (c)
e: the services are supplied directly in connection with land situated outside New Zealand or any improvement to the land; or
f: the services are supplied directly in connection with moveable personal property, other than choses in action, situated outside New Zealand when the services are performed; or
g: the services are supplied to overseas postal organisations for the delivery in New Zealand of postal articles mailed outside New Zealand; or
h: the services are supplied directly in connection with goods supplied from outside New Zealand and whose destination is outside New Zealand, including stores for craft, only if the goods are not removed from the ship or aircraft in which they arrived while the ship or aircraft is in New Zealand; or
i: the services are supplied directly in connection with goods referred to in section 116 of the Customs and Excise Act 1996
j: the services are physically performed outside New Zealand or are the arranging of services that are physically performed outside New Zealand; or
k: subject to subsection (2)
i: supplied directly in connection with—
A: land situated in New Zealand or any improvement to the land; or
B: moveable personal property, other than choses in action or goods to which paragraph (h) or (i)
ii: the acceptance of an obligation to refrain from carrying on a taxable activity, to the extent that the activity would have occurred within New Zealand; or
l: subject to subsection (2)
m: the services are supplied directly in connection with goods to which any one of section 11(1)(a) to 11(1)(e)
n: subject to subsection (4)
i: the filing, prosecution, granting, maintenance, transfer, assignment, licensing or enforcement of intellectual property rights, including patents, designs, trade marks, copyrights, plant variety rights, know-how, confidential information, trade secrets or similar rights; or
ii: other services in respect of rights listed in subparagraph (i)
o: the services are the acceptance of an obligation to refrain from pursuing or exercising in whole or in part rights listed in paragraph (n)
p: the services are the acceptance of an obligation to refrain from carrying on a taxable activity if the activity would have occurred outside New Zealand.
2: Subsection (1)(k) and (1)(l)
a: the performance of the services is, or it is reasonably foreseeable at the time the agreement is entered into that the performance of the services will be, received in New Zealand by another person (person B), including—
i: an employee of person A; or
ii: if person A is a company, a director of the company; and
b: it is reasonably foreseeable, at the time the agreement is entered into, that person B will not receive the performance of the services in the course of making taxable or exempt supplies.
3: For the purpose of subsection (1)(k) and (1)(l), and subsection (1)(n) subsection (4)(b) outside New Zealand
4: Subsection (1)(n)
a: the rights are for use outside New Zealand; or
b: the services are supplied to a person who is not resident in New Zealand and who is outside New Zealand when the services are performed.
11B: Zero-rating of supply by territorial authority
1: A supply of services that is chargeable with tax under section 8 section 198 of the Local Government Act 1974
2: For the purpose of subsection (1) territorial authority section 2 of the Local Government Act 1974 local authorities petroleum tax Part XI of the Local Government Act 1974
2: Subsection (1)
91: Imposition of goods and services tax on imports
1: In section 12(4)(a) Part VIII sections 106, 107, 108, 110, 112, 113, 114 Part VIII sections 107, 108, 109, 111, 112, 113, 114, 115, 117, 118
2: In the proviso to section 12(4)(c) if the person is entitled to make an input tax deduction under section 20(3) taxable activity
3: Section 12(4)(e) 12(4)(f)
e: reference numbers 40, 45, 70, 75, 80, 81 and 82 of Part II of the First Schedule of the Tariff Act 1988
i: the goods are entitled to be entered under any of these reference numbers; or
ii: the goods are entitled to be entered duty free under Part I of the First Schedule of the Tariff Act 1988 Part I of the First Schedule of the Tariff Act 1988
4: Subsection (1)
5: Subsections (2) (3)
92: Exempt supplies
1: In section 14(a)(i) subparagraph paragraph
2: In section 14(a)(i) section 11(2) of this Act section 11A
3: After section 14(ca)
cb: the supply of property by way of lease that is to be used for the principal purpose of accommodation in a dwelling by any person, other than a registered person in the course or furtherance of a taxable activity: .
4: In section 14(e) section 11(1) section 11
5: In section 14 subsections (2) (3)
2: A supplier and a recipient may agree, in writing, that a supply under subsection (1)(cb)
a: the lease was entered into before 16 May 2000; and
b: the supplier has, before 16 May 2000, treated a supply under the lease as being a taxable supply.
3: Penalty or default interest imposed under a contract for the supply of goods and services is treated as being consideration for an exempt supply.
6: Subsection (1)
7: Subsections (2) to (5)
93: Taxable periods
1: In section 15(6)(a) Any cessation of any ending of, including a premature ending of
2: Subsection (1)
94: Change in registered person's taxable period
1: After section 15A(1)
1AA: The Commissioner may, on written application by a registered person who falls within any one of categories A, B or D, direct that the registered person be placed within category C after considering the following factors:
a: the person's history of filing and paying tax:
b: the person's record keeping practices:
c: whether the person has been placed within category C before:
d: the nature and volume of the person's taxable supplies.
2: Subsection (1)
95: Accounting basis
1: Section 19(1)
1: Subject to sections 19A to 19D
2: Subsection (1)
96: Requirements for accounting on payments basis
1: Section 19A(1)(a)(ii)
ii: a local authority specified in an Order in Council made under section 19AB
2: In section 19A(1)(b)(i) $1,000,000 $1,300,000
3: In section 19A(3)(a) Any cessation of any ending of, including a premature ending of
4: Subsection (1)
5: Subsection (2)
6: Subsection (3)
97: New section 19AB inserted
1: After section 19A
19AB: Local authorities accounting on payments basis on and after 1 July 2001
The Governor-General may, by Order in Council, specify—
a: a local authority that may continue to account for tax payable on a payments basis under section 19
b: the period for which the local authority may continue to account for tax payable on a payments basis under section 19
2: Subsection (1)
98: New section 19D inserted
1: After section 19C
19D: Invoice basis for supplies over $225,000
1: A registered person who makes a supply of goods and services for a consideration of more than $225,000 must account for tax payable on an invoice basis for that supply.
2: Subsection (1) short term agreement for the sale and purchase of property or services section OB 1 of the Income Tax Act 1994 93 days 1 year
3: For the purpose of subsection (1)
a: the person has made more than one supply and the sum of the consideration for each supply is more than $225,000 irrespective of whether each supply is one to which subsection (2)
b: the Commissioner considers that the person made more than one supply to avoid the application of subsection (1)
2: Subsection (1)
99: Calculation of tax payable
1: In section 20(3)(a)(i) 20(3)(a)(ia) paragraph (c) of the definition of the term input tax section 3A(1)(c) of the input tax
2: In section 20(3)(d) indemnify
3: In subparagraph (iii) section 11 of this Act section 11, 11A or 11B
4: After section 20(3)(d)
db: an amount equal to the tax fraction of the payment of a recovered amount to which section 5(13B)
5: After subparagraph (iv)
iva: does not apply if the payment is made to a person who, on the date the payment is made, is not a registered person and is not resident in New Zealand: .
6: In section 20(3)(e) section 21(5) of this Act sections 21E, 21F, 21G and 21H
7: Section 20(3)(ea) 20(3A) 20(3AB) 20(3B)
8: Section 20(4)
4: For the purpose of subsection (3)
a: in the case of a registered person who is required to account for tax payable on an invoice or a hybrid basis under section 19
b: in the case of a registered person who is required to account for tax payable on a payments basis under section 19
i: to the extent that payment for the supply has been received during the taxable period, if the supply is a supply of goods and services which is deemed to take place under any one of sections 9(1), 9(3)(a), 9(3)(aa), 9(6), 9(8), 25(2)(a), or 25(4)
ii: if the supply of goods and services is made or deemed to be made during the taxable period by the registered person, unless the supply is one to which subparagraph (i)
9: In section 20(5) of this section and section 83(2) of this Act
10: Subsections (1) to (6) (8) (9)
11: Subsection (7)
100: Section 21 replaced
1: Section 21
21: Supplies of goods and services other than for making taxable supplies
1: Subject to section 5(3)
a: the person acquires or produces the goods and services for the principal purpose of making taxable supplies but applies the goods and services for a purpose other than that of making taxable supplies; or
b: the person applies the goods and services for the principal purpose of making taxable supplies and also applies the goods and services for a purpose other than that of making taxable supplies; or
c: the person acquires or produces goods and services before 1 October 1986 for the principal purpose of making supplies that would have been taxable supplies if they had made on or after 1 October 1986 but applies the goods and services for a purpose other than that of making taxable supplies on or after 1 October 1986; or
d: the person acquires or produces goods and services before 1 October 1986 and applies the goods and services both for a purpose of making supplies that would have been taxable supplies if they had been made on or after 1 October 1986 and for another purpose before 1 October 1986 but applies the goods and services for the purpose other than that of making taxable supplies on and after 1 October 1986.
2: Subsection (1)(c)
3: Subsection (1)
a: to a supply of services provided by an employee on and after 1 October 1986:
b: if the goods and services were acquired before 1 October 1986 and are no longer used for the principal purpose of making taxable supplies because of a legislative amendment.
4: Subsection (1)
a: $90,000; or
b: 5% of the total consideration for all taxable and exempt supplies to be made in the 12-month period.
5: If a person is required to account for tax payable on a payments basis under section 19
a: to the extent that payment for the supply is expected to be received during the period, if the supply would be deemed to take place under any one of sections 9(1), 9(3)(a), 9(3)(aa), 9(6), 25(2)(a) or 25(4)
b: as if the supply would be made or deemed to have been made during the period by the person had the supply been charged with tax under section 8 paragraph (a)
21A: Methods of allocating between taxable and other supplies
1: A registered person must determine the extent to which goods and services are applied for the purpose of making supplies other than taxable supplies according to:
a: actual use; or
b: an alternative method approved by the Commissioner if the method results in allocated amounts that are fair and reasonable.
2: A registered person must determine the extent to which goods and services are applied for the purpose of making exempt supplies by either applying subsection (1) Total value of exempt supplies for taxable period —————————————————————— Total value of all supplies for taxable period.
21B: Methods of allocation for replacement goods and services
1: If a person applies section 21C(1)(a)
2: A person must allocate the amount on the date of acquisition or production.
3: If a person applies section 21C(1)(a)
a: on the date of acquisition, allocate an amount to supplies other than taxable supplies provisionally; and
b: 12 months after the date of purchase or acquisition, recalculate the provisional allocation if it differs from the actual use of the goods and services over the 12-month period.
21C: Attribution of output tax
1: A registered person to whom section 21(1)
a: in the first taxable period in which goods and services are applied for a purpose other than that of making taxable supplies; or
b: in each taxable period in which goods and services are applied for a purpose other than that of making taxable supplies; or
c: in each year in which goods and services are applied for a purpose other than that of making taxable supplies.
2: A registered person who applies subsection (1)(a)
3: If subsection (1)(a) or (1)(c)
4: A person may change the time the person attributes output tax only with the Commissioner's approval.
21D: Attribution of output tax in contemplation of sale of goods and services
Despite section 21(1)
a: the goods or services are sold after the person has attributed output tax at the time specified in section 21C(1)(a)
b: the Commissioner considers that the person applied the goods or services for a purpose other than that of making taxable supplies and attributed output tax under section 21C(1)(a)
21E: Application of
section 21F
1: Section 21F
a: a person acquires goods and services on or after 1 October 1986 for the principal purpose other than that of making taxable supplies; and
b: the goods and services are applied in a taxable period for a purpose of making taxable supplies either by the person or, if the person is a member of a partnership, by the partnership; and
c: either subsection (2) or subsection (3)
2: This subsection applies if—
a: tax has been charged under section 8(1)
b: tax has been levied under section 12(1) Customs and Excise Act 1996
3: This subsection applies if—
a: the goods are secondhand goods that are supplied to the person by way of sale and the goods—
i: have always been situated in New Zealand; or
ii: have had tax levied on them under section 12(1) of the Customs and Excise Act 1996
b: the supply is not a taxable supply; and
c: the person has not supplied the goods to another registered person who has entered them for home consumption under the Customs and Excise Act 1996
4: For the purpose of subsection (1)(a)
a: sections 21 and 21I
b: section 5(3)
21F: Deductions from output tax for goods and services applied for making taxable supplies
1: For the purpose of this Act, the goods and services referred to in section 21E section 20(3)
a: the cost of the goods and services, including any tax charged or input tax deduction claimed for the goods and services; and
b: the open market value of the supply of the goods and services.
2: Subsection (1)
3: If subsection (1)
21G: Timing of deduction under
section 21F
1: A person to whom section 21F
a: in each taxable period in which goods and services are applied for a purpose of making taxable supplies; or
b: in each year in which goods and services are applied for a purpose of making taxable supplies.
2: If a person makes a deduction at the time allowed by subsection (1)(b) section 21F
3: A person may change the time at which the person makes a deduction only with the Commissioner's approval.
21H: Application to make single deduction under section 21F
1: Despite section 21G(1) section 21F
2: Subsection (1)
3: When determining whether to allow a person to make a single deduction, the Commissioner must take the following factors into account:
a: the nature of the goods or services:
b: whether it is practical to require a deduction at either of the times specified in section 21F(1)
c: whether the person has previously made an attribution under section 21C(1)(a)
d: whether the person has previously made a single adjustment under section 21
e: whether the person has previously made a single deduction under either—
i: section 21G
ii: section 21(5)
4: If the Commissioner allows the person to make a single deduction and the goods and services are subsequently applied for a purpose other than that of making taxable supplies, the person must apply section 21C(1)(a)
21I: Fringe benefits and entertainment expenses
1: If a registered person has or is deemed to have provided or granted a fringe benefit to another person under the FBT rules of the Income Tax Act 1994
2: Subsection (1)
a: the other person paid an amount for the receipt or enjoyment of the fringe benefit; or
b: the fringe benefit arose by virtue of an exempt supply under section 14
c: the fringe benefit arose by virtue of a supply that is charged with tax at the rate of 0% under section 11, 11A, or 11B
d: the fringe benefit is, or is deemed to be, provided or granted by a registered person in the course of making exempt supplies.
3: Despite sections 9 and 21C sections ND 9, ND 10, ND 11, ND 13 or ND 14 of the Income Tax Act 1994
4: If section DG 1 of the Income Tax Act 1994 entertainment section DG 1
a: the registered person is treated as having supplied entertainment for a consideration in money equal to the amount of the allowable deduction prevented by section DG 1; and
b: the time of the supply is treated as being the earlier of—
i: the date on which the person furnishes a return of income under section 37 of the Tax Administration Act 1994
ii: the date by which the person must furnish a return of income under section 37 of the Tax Administration Act 1994
5: For the purpose of subsection (4) section CB 12 of the Income Tax Act 1994
2: Subsection (1) sections 21E 21F(1)
3: New sections 21E 21F(1) section 20(3) Goods and Services Tax Act 1985 Part 4A Tax Administration Act 1994
a: has not been notified of the claim, other than by way of inclusion in the registered person's return, and on this basis has not queried the claim in writing before 16 May 2000; or
b: has not queried the claim in writing before 16 May 2000 but has agreed in writing to the claim before 16 May 2000; or
c: has queried or considered the claim in writing before 16 May 2000 but has agreed in writing to the claim before 16 May 2000.
101: Payment of tax
1: Section 23(2)
2: Subsection (1)
102: Tax invoices
1: In section 24(4) $200 $1,000
2: In the proviso to section 24(4) section 11 of this Act section 11, 11A or 11B
3: Subsection (1)
4: Subsection (2)
103: Bad debts
1: The second proviso to section 26(1)
2: After section 26(1)
1AA: Subsection (1)
1AB: A registered person who is required to account for tax payable on a payments basis under either section 19 or section 19A sections 9(2)(b), 9(3)(b) and 26A
3: Subsection (1)
4: Subsection (2)
104: New section 26A inserted
1: After section 26
26A: Factored debts
A registered person who sells a debt to a third party must pay tax on the remaining book value of the debt on the date that the debt is sold if the registered person accounts for tax payable on a payments basis.
2: Subsection (1)
105: Assessment of tax
1: Section 27(1)(ea)
2: Subsection (1)
106: Recovery of tax
1: In section 42(2)(a) an individual an individual, whether or not a member of an unincorporated body
2:
3:
4: Subsections (1) to (3) Subsections (2) (3) repealed 10 October 2000 76(4) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
107: Commissioner's right to withhold payments
1: After section 46(6)
7: Subsection (8) incapacitated person section 58(1)
a: not paid tax in respect of a taxable period; or
b: not paid, in whole or in part, an amount required by any other Inland Revenue Act.
8: The Commissioner may set off, against the unpaid tax or unpaid amount, any deduction allowed under section 20(3) section 58(1C)
9: Any amount set off under subsection (8)
2: Subsection (1)
108: Relief from tax where new start grant made in respect of drought relief
1: In section 48A(2)(c)(ii) 48A(3)(b)(i) (including its termination) , including its ending, whether premature or otherwise
2: Subsection (1)
109: Persons making supplies in course of taxable activity to be registered
1: In section 51(1)(a) $30,000 $40,000
2: In section 51(1)(c) Any cessation of any ending of, including a premature ending of
3: Subsection (1)
4: Subsection (2)
110: Group of companies
1: After section 55(4)
4A: The appointment of a specified agent section 58(1)
2: In section 55(7)(dc) section 21(5) of this Act section 21E
3: Subsections (1) (2)
111: Unincorporated bodies
1: Section 57(1)
2: In section 57(2) a body an unincorporated body
3: In section 57(2)(e) subsection (3) of this section subsections (3) to (3B)
4: Section 57(3)
3: Despite this section, a member is jointly and severally liable with other members for all tax payable by the unincorporated body during the taxable periods, or part of taxable periods as the case may be, the person is a member of the body, even if the person is no longer a member of the body.
3A: When an individual member dies, the member's estate is severally liable in due course of administration for tax payable by the unincorporated body to the extent that it remains unpaid, whether or not the individual was a member on the date of their death.
3B: For the purpose of subsections (3) and (3A)
5: In section 57(4) a body an unincorporated body
6: In section 57(5) 57(6) any body an unincorporated body
7: In section 57(6) subsection (3) of this section subsections (3) to (3B)
8: Subsection (1)
9: Subsections (2) to (7)
112: Personal representative, liquidator, receiver, etc
1: In section 58(1)
a: In this section, In this section and sections 46 and 55
b: in the definition of agency period (b)
b: the date on which there is no longer a person acting as a specified agent in relation to the incapacitated person.
2: Section 58(1A)
1A: Despite sections 5(2) and 60
1B: If a person becomes a specified agent and has been appointed to carry on part of the incapacitated person's taxable activity only, subsection (1A)
1C: Subject to section 46(8) section 20(3)
1D: A specified agent is not personally liable for any liabilities incurred under this Act by the incapacitated person on or before the date the agency period starts.
3: Subsections (1) (2)
113: Agents and auctioneers
1: In section 60(6) section 11 of this Act section 11, 11A or 11B
2: After section 60(6)
7: Despite subsection (1) section 12(1)
a: the principal is not resident in New Zealand and is not a registered person; and
b: the agent is resident in New Zealand and is a registered person at the time the goods are imported; and
c: the principal and agent agree that the supply was made by the agent and not by the principal.
3: Subsections (1) (2)
114: Section 61 replaced
1: Section 61
61: Liability for tax payable by company left with insufficient assets
Section HK 11 of the Income Tax Act 1994 income tax tax goods and services tax
2: Subsection (1)
115: Company amalgamations
1: In section 61A(2)(f) section 21 of this Act sections 21 to 21H
2: In section 61A(4)(b) subsection (3B) or subsection (4) of section 21 of this Act section 21I(3) or 21I(4)
3: Subsections (1) (2)
116: Section 76 replaced
1: Section 76
76: Avoidance
1: A tax avoidance arrangement entered into by a person is void against the Commissioner for tax purposes.
2: A tax avoidance arrangement is one that directly or indirectly—
a: has tax avoidance as its purpose or effect; or
b: has tax avoidance as one of its purposes or effects, whether or not another purpose or effect relates to ordinary business or family dealings, if the purpose or effect is not merely incidental.
3: If a tax avoidance arrangement is void against the Commissioner, the Commissioner may adjust the amount of tax payable by, or the amount of tax refundable to, a registered person affected by the arrangement, whether or not the registered person is a party to the arrangement, in the manner the Commissioner considers appropriate to counteract any tax advantage obtained by the registered person from or under the arrangement.
4: For the purpose of subsection (3)
a: a person who is not a registered person and who is a party to or has participated in an arrangement as being a registered person:
b: a supply of goods and services, whether or not a taxable supply, that is affected by or is part of an arrangement as being made to or by a registered person:
c: a supply of goods and services as occurring in a taxable period that, but for an arrangement affected by this section, would have occurred in the taxable period in which the supply was made:
d: a supply of goods and services as having been made, or consideration for the supply as having been given, at open market value.
5: Subsection (6)
a: a person (person A) enters into an arrangement on or after 22 August 1985 whereby a taxable activity formerly carried on by person A is carried on, in whole or in part, by another person (person B) or other persons; and
b: either—
i: person A and person B are associated persons; or
ii: person A and the other persons are associated persons.
6: For the purpose of sections 15(3), 15(4), 19A(1) and 51(1)
7: The Commissioner may, having regard to the circumstances of the case and if the Commissioner considers it equitable to do so, determine that subsection (6)
8: For the purpose of this section— arrangement tax avoidance
a: a reduction in the liability of a registered person to pay tax:
b: a postponement in the liability of a registered person to pay tax:
c: an increase in the entitlement of a registered person to a refund of tax:
d: an earlier entitlement of a registered person to a refund of tax:
e: a reduction in the total consideration payable by a person for a supply of goods and services.
2: Subsection (1)
117: Adjustments to tax payable for persons furnishing returns on payments basis following change in rate of tax
1: In section 78B(2A)(a)(iii) 78B(2A)(aa)(ii) 78B(2A)(b) paragraph (c) of the definition of the term input tax section 3A(1)(c)
2: Subsection (1)
118: Change in accounting basis coinciding with or occurring after change in rate of tax
1: In section 78C(2)(a)(i) paragraph (c) of the definition of the term input tax section 3A(1)(c) of the input tax
2: Subsection (1)
119: Alteration of agreed price in relation to supply mistakenly believed to be of a going concern
1: In section 78E section 11(1)(c) of this Act section 11(1)(m)
2: Subsection (1)
120: Registration of persons liable to be registered on 1 October 1986
1: Section 82
2: Subsection (1)
121: Deduction for sales tax
1: Section 83
2: Subsection (1)
122: Supplies prior to 1 October 1986
1: In section 84(3) section 21 of this Act sections 21 to 21H
2: Subsection (1)
4: Amendments to
Income Tax Act 1976
123: Income Tax Act 1976 This Part amends the Income Tax Act 1976
124: Exclusions from term dividends
1: After section 4A(1)(i)
iaa: any amount distributed by a group investment fund to a trustee company on behalf of, or as agent for, an investor in the fund that relates to management fees to which section 211A applies: .
2: Subsection (1)
125: Non-market dispositions
1: Section 64J(3)
3: A financial arrangement is treated as having been sold and purchased or transferred and realised at its market price on the date of its sale or transfer if the sale or transfer, including a transfer by way of distribution to shareholders, is not for consideration in money or is for a consideration that is less than the market price or true value of the financial arrangement.
4: If there is no market price, the financial arrangement is treated as having been sold and realised at the price the Commissioner determines.
5: The market price, or price, of a financial arrangement is the market price, or price, for both seller and purchaser or transferor and transferee.
2: Subsection (1) section 64B of the Income Tax Act 1976
3: Despite subsection (2) subsection (1)
126: New
section 199A
1: After section 199
199A: Application of
section 199
1: This section applies in respect of distributions made by the New Zealand Dairy Board, established under the Dairy Board Act 1961
2: For the purpose of section 199(1), in paragraph (a) of the definition of rebate a distribution of profits of the association a distribution from the association
2: Subsection (1)
127: Group investment funds
1: In section 211A(1)
a: the following is inserted after the definition of investor management fees :
b: the following is inserted after the definition of protected amount trustee company section 2 of the Trustee Companies Act 1967
2: After section 211A(3)
3A: The trustees of a group investment fund may elect to deduct expenditure incurred in paying management fees to a trustee company on behalf of, or as agent for, its investors.
3B: The trustees of the fund are treated as having incurred the expenditure on the date on which an investor incurs the management fee.
3C: A trustee makes an election by deducting expenditure in their return of income.
3D: An election to deduct expenditure is irrevocable.
3E: The expenditure allowed as a deduction to the trustees of the fund is treated as not having been incurred by the investor.
3: Subsections (1) (2)
128: Interpretation
1: In section 226(1), in the definition of beneficiary income but does not include gross income derived by a trustee of the trust in any income year during which the trust is a superannuation fund or any management fees to which section 211A
2: Subsection (1)
129: Schedule 14
1: In Schedule 14 Housing New Zealand Limited Housing Corporation of New Zealand
2: Subsection (1)
5: Amendments to Estate and Gift Duties Act 1968
130: Estate and Gift Duties Act 1968
This Part amends the Estate and Gift Duties Act 1968
131: New sections 75BA to 75BC inserted
1: After section 75B
75BA: Exemption for gifts of financial arrangements under accrual rules in
Income Tax Act 1994
1: In this section—
a: accrual rules section OB 1 of the Income Tax Act 1994
b: financial arrangement section EH 22 of the Income Tax Act 1994
2: If section EH 49(1) of the Income Tax Act 1994
75BB: Exemption for gifts of financial arrangements under accruals rules in
Income Tax Act 1994
1: In this section, accruals rules financial arrangement section EH 14 of the Income Tax Act 1994
2: If section EH 16(3) of the Income Tax Act 1994
75BC: Exemption for gifts of financial arrangements under accruals rules in
Income Tax Act 1976
1: In this section, financial arrangement section 64B of the Income Tax Act 1976
2: If section 64J(3) of the Income Tax Act 1976
2: In subsection (1)
a: new section 75BA
b: new section 75BB section EZ 45 Income Tax Act 2004
c: new section 75BC section 64B of the Income Tax Act 1976 Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words section EZ 45 of the Income Tax Act 2004 section EH 14 of the Income Tax Act 1994
|
DLM71297
|
2000
|
Personal Property Securities Amendment Act 2000
|
1: Title
This Act is the Personal Property Securities Amendment Act 2000.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Schedule 1
1: In Schedule 1 section 42(2)(c) Goods and Services Tax Act 1985
a: a body (as defined in section 57(1) an unincorporated body
b: under any order by the Court
c: the body's the unincorporated body's
2: Subsection (1)
|
DLM71806
|
2000
|
Legal Services Act 2000
|
1: Title
This Act is the Legal Services Act 2000.
2: Commencement
1: This Act (except section 116
2: Section 116
1: Preliminary provisions
3: Purpose of Act
The purpose of this Act is to promote access to justice by—
a: providing a legal aid scheme that assists people who have insufficient means to pay for legal services to nonetheless have access to them; and
b: providing other schemes of legal assistance; and
c: supporting community legal services by funding community law centres, education, and research.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Agency section 91 aided person
a: means a person who is or has been granted legal aid under this Act or the former Act; and
b: includes a person whose grant of legal aid has been withdrawn under section 27 approved scheme auditor Board section 94 capital Schedule 1 civil proceedings
a: proceedings under the Marriage Act 1955 Adoption Act 1955 Care of Children Act 2004 Domestic Actions Act 1975 Property (Relationships) Act 1976 Family Proceedings Act 1980 the Domestic Violence Act 1995 subparts 5 7 8 9
b: proceedings under the Children, Young Persons, and Their Families Act 1989
c: despite paragraph (b), proceedings under Part 2 section 14(1)(e) community legal services cost of services
a: the fees of, or charges attributable to, the lead provider, as approved for payment under section 75
b: the fees of, or charges attributable to, any other listed provider who acted on the matter, as approved for payment under section 75
c: the disbursements claimed by the lead provider and any other listed provider who acted on the matter, as approved for payment under section 75 criminal proceedings
a: proceedings on an application made under any of sections 54 68 121
b: proceedings before a District Court Judge under section 88
c: proceedings for contempt under section 84O
d: proceedings before a District Court Judge under the Extradition Act 1999 disposable capital Schedule 1 duty solicitor scheme section 46 former Act grant of legal aid income Schedule 1 interim repayment section 15(1) lawyer section 6 lead provider legal aid scheme Part 2 legal service list legal services
a: in relation to legal aid, means legal advice and representation; and includes assistance—
i: with resolving disputes other than by legal proceedings; and
ii: with taking steps preliminary or incidental to any proceedings; and
iii: in arriving at or giving effect to any out-of-court settlement that avoids or brings to an end any proceedings:
b: in relation to a community law centre, includes—
i: legal advice and representation (including the kinds of assistance described in subparagraphs (i) to (iii) of paragraph (a)); and
ii: the provision of legal information and law-related education; and
iii: undertaking law-reform and advocacy work on behalf of the community it serves:
c: in relation to anything else, includes all the things specified in paragraphs (a) and (b), unless otherwise specified Legal Services Board listed provider maximum grant mentally disordered section 2(1) Minister offender output agreement section 10 PDLA scheme section 49 prescribed manner prescribed repayment amount sections 17(1) 18 proceeds of proceedings
a: any money or property to which the aided person is entitled under a judgment or out-of-court settlement relating to the proceeding; and
b: any costs awarded or payable to the aided person under a judgment or out-of-court settlement relating to the proceedings property proposed care recipient section 6(4) proposed patient section 2A repayment section 15(2) Review Panel section 62 scheme
a: the legal aid scheme:
b: the duty solicitor scheme:
c: the PDLA scheme:
d: an approved scheme Special Fund section 289(1) transition date 2001 victim
a: means—
i: a person against whom an offence is committed by another person; and
ii: a person who, through, or by means of, an offence committed by another person, suffers physical injury or loss of, or damage to, property; and
iii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
iv: a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
b: despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
i: that offence; or
ii: an offence relating to the same incident or series of incidents as that crime or offence victims' claims proceedings section 7(1)(q)
2: In this Act, a reference to an application by to
3: In this Act, and in any regulations made under it, references to such things as fees, charges, disbursements, grants, and rates, are references to those things GST inclusive.
4: For the purposes of the definitions of offender victim child immediate family incapable offence young person section 4 1991 No 71 ss 2, 47, 49A(1), 95(2), 155 Section 4(1) aided person substituted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) capital inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) civil proceedings amended 1 April 2007 section 127(4)(a) Weathertight Homes Resolution Services Act 2006 Section 4(1) civil proceedings amended 1 July 2005 section 151 Care of Children Act 2004 Section 4(1) civil proceedings amended 27 November 2002 section 64(1) Weathertight Homes Resolution Services Act 2002 Section 4(1) civil proceedings amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 4(1) contribution repealed 1 March 2007 section 4(1) Legal Services Amendment Act 2006 Section 4(1) cost of services inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) criminal proceedings amended 30 June 2002 section 186 Sentencing Act 2002 Section 4(1) disposable income repealed 1 March 2007 section 4(1) Legal Services Amendment Act 2006 Section 4(1) income inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) interim repayment inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 4(1) offender inserted 17 February 2010 section 4(1) Legal Services Amendment Act 2009 Section 4(1) output agreement inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1) prescribed repayment amount inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) proposed care recipient inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) proposed patient inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) purchase agreement repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1) repayment inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) Special Fund substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 4(1) transition date amended 4 June 2005 section 66(1) Prisoners’ and Victims’ Claims Act 2005 Section 4(1) victim inserted 17 February 2010 section 4(1) Legal Services Amendment Act 2009 Section 4(1) victims' claims proceedings added 4 June 2005 section 66(2) Prisoners’ and Victims’ Claims Act 2005 Section 4(4) added 17 February 2010 section 4(2) Legal Services Amendment Act 2009
5: Act binds the Crown
This Act binds the Crown.
2: Legal aid and other schemes
When legal aid may be granted
6: Proceedings for which legal aid may be granted: criminal matters
Legal aid may be granted in respect of the following criminal matters:
a: criminal proceedings in a District Court, a Youth Court, the High Court, the Court of Appeal, or the Supreme Court
b: appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of criminal legal aid is desirable in the public interest:
c: proceedings—
i: before the New Zealand Parole Board under section 27 section 65 section 107
ii: in the High Court on an application under section 68 1991 No 71 s 4 Section 6(a) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 6(c) substituted 30 June 2002 section 125 Parole Act 2002
7: Proceedings for which legal aid may be granted: civil matters
1: Legal aid may be granted in respect of the following civil matters:
a: civil proceedings in a District Court or a Family Court:
b: civil proceedings in the High Court , the Court of Appeal, or the Supreme Court
c: appeals to the Judicial Committee of the Privy Council in civil proceedings in any case where—
i: the applicant has succeeded in the Court of Appeal and is the respondent in the appeal to the Privy Council, if the grant of aid is approved by the Minister; or
ii: the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of aid is desirable in the public interest:
d: proceedings commenced by way of application in a Youth Court under Part 7
e: in any case where the Agency considers that the case is one that requires legal representation (having regard to the nature of the proceedings and to the applicant's personal interest) and considers that the applicant would suffer substantial hardship if aid were not granted, proceedings in—
i: the Maori Land Court; or
ii: the Maori Appellate Court; or
iii: the Employment Court; or
iv: the Employment Relations Authority; or
v: any administrative tribunal or judicial authority (not being a tribunal or an authority in respect of any decision from which an appeal lies to any of the bodies referred to in any of paragraphs (f) to (j)):
f: proceedings before the Waitangi Tribunal:
g: proceedings before the Social Security Appeal Authority:
h: proceedings before the Tenancy Tribunal:
i: proceedings before a body established under section 63(1)(a)(i) and Tenancy Matters section 62
j: proceedings before the Immigration and Protection Tribunal, as established by the Immigration Act 2009 sections 194(1) 195 section 162
k: the processing, under Part 5
l: any proceedings before the District Court or High Court following an application made under section 316 324
m: any appeal or review proceedings (as defined in section 4
ma: any proceedings or application under or in relation to the Immigration Act 1987 Immigration Act 2009
n: all applications, submissions, and appeals under the Resource Management Act 1991
o: all applications, submissions, and appeals to any Council or body in any case where an appeal in relation to its decision lies to the Environment Court:
p: proceedings before the tribunal Weathertight Homes Resolution Services Act 2006
q: proceedings before a Tribunal under subpart 2
1A: To avoid any doubt, subsection (1)(e)(v) applies, without limitation, to the following proceedings:
a: an inquest held by a coroner for the purposes of Part 3
b: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
2: Paragraphs (n) and (o) of subsection (1) do not restrict any other paragraph of that subsection.
3: Despite subsection (1), but subject to subsection (4)(e), legal aid is not available in proceedings under Part 4
a: that the unusual complexity of the case requires that the applicant be legally represented; or
b: that the applicant would suffer substantial hardship if aid were not granted.
4: Despite subsection (1), legal aid is not available in any of the following proceedings:
a: relator actions:
b: election petitions under the Electoral Act 1993
c: petitions for inquiry under the Local Electoral Act 2001
d: proceedings incidental to any proceedings mentioned in any of paragraphs (a) to (c):
e: proceedings under section 37
f: any appeal to the Immigration and Protection Tribunal against a decision concerning a residence class visa under section 187 section 18C
g: any appeal to the Immigration and Protection Tribunal on humanitarian grounds against liability for deportation by a person liable for deportation under section 154 Part 2
h: proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908 1991 No 71 s 19 Section 7(1)(b) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 7(1)(i) amended 1 July 2006 section 5(2)(e) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 7(1)(j) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(k) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(l) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(m) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(ma) inserted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(p) added 27 November 2002 section 64(2) Weathertight Homes Resolution Services Act 2002 Section 7(1)(p) amended 1 April 2007 section 127(4)(b) Weathertight Homes Resolution Services Act 2006 Section 7(1)(p) amended 1 April 2007 section 127(4)(c) Weathertight Homes Resolution Services Act 2006 Section 7(1)(q) added 4 June 2005 section 67 Prisoners’ and Victims’ Claims Act 2005 Section 7(1A) inserted 17 February 2010 section 5 Legal Services Amendment Act 2009 Section 7(4)(c) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 7(4)(f) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(4)(g) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(4)(h) added 1 March 2007 section 5(2) Legal Services Amendment Act 2006
8: When legal aid may be granted: criminal matters
1: The Agency may grant legal aid to an applicant in respect of proceedings to which section 6
a: the applicant is a natural person charged with or convicted of an offence; and
b: it appears to the Agency that the applicant does not have sufficient means to enable him or her to obtain legal assistance; and
c: either—
i: the offence to which the application relates is punishable by a maximum term of imprisonment of 6 months or more; or
ii: it appears to the Agency that the interests of justice require that the applicant be granted legal aid.
2: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency must have regard to—
a: whether the applicant has any previous conviction; and
b: whether the applicant is charged with or convicted of an offence punishable by imprisonment; and
c: whether there is a real likelihood that the applicant, if convicted, will be sentenced to imprisonment; and
d: whether the proceedings involve a substantial question of law; and
e: whether there are complex factual, legal, or evidential matters that require the determination of a court; and
f: whether the applicant is able to understand the proceedings or present his or her own case, whether orally or in writing; and
g: in any proceeding to which section 6(c)
h: in respect of an appeal, the grounds of the appeal.
3: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency may have regard to any other circumstances that, in the opinion of the Agency, are relevant.
4: When determining whether or not an applicant has sufficient means to enable him or her to obtain legal assistance, the Agency must have regard to the applicant's income and disposable capital.
5: Subsection (1)(c)(i) does not apply in respect of—
a: an appeal; or
b: a proceeding to which section 6(c)
6: Despite subsection (1)(a), the Agency may not grant legal aid to a child or a young person (as those terms are defined in section 2(1) Section 8 substituted 1 March 2007 section 6 Legal Services Amendment Act 2006
9: When legal aid may be granted: civil matters
1: The Agency must, subject to this section and sections 10 11 section 7
a: a natural person, whether resident in New Zealand or not; or
b: a trustee corporation (as defined in section 2(1)
2: The Agency must refuse to grant legal aid to an applicant whose income or disposable capital exceed the relevant thresholds prescribed in regulations made under this Act, unless the Agency is satisfied that there are special circumstances having regard to—
a: the likely cost of the proceedings to the applicant; or
b: the applicant's ability to fund the proceedings if legal aid is not granted.
3: The Agency must refuse to grant legal aid if the applicant has not shown that the applicant has reasonable grounds for taking or defending the proceedings or being a party to the proceedings.
4: The Agency may refuse to grant legal aid to an applicant in any of the following circumstances:
a: the Agency is unable to obtain full information concerning the applicant's financial affairs because of the default or failure of the applicant:
b: in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings for which legal aid is sought:
c: the applicant is not resident in New Zealand and the Agency considers that the proceedings might reasonably be brought in a jurisdiction other than New Zealand:
d: in the case of original proceedings,—
i: the applicant's prospects of success are not sufficient to justify the grant of legal aid; or
ii: the grant of legal aid is not justified, having regard to the nature of the proceedings and the applicant's interest in them (financial or otherwise), in relation to the likely cost of the proceedings; or
iii: for any other cause where it appears unreasonable or undesirable that the applicant should receive legal aid in the particular circumstances of the case:
e: in the case of an appeal (whether or not in respect of proceedings in which the applicant has received legal aid), the Agency considers that for any reason the grant of legal aid or further legal aid is not justified.
5: The Agency may refuse to grant legal aid to an applicant in respect of any original proceeding under an enactment specified in Schedule 4
6: In determining under subsection (5) whether a grant of legal aid is not justified, the Agency must have regard to—
a: any previous proceedings in the matter to which the application relates; and
b: any personal protection issues such as (without limitation) any orders relating to domestic violence, protection of personal property rights, compulsory treatment, or compulsory care; and
c: the interests and welfare of any other person who may be affected by the outcome of the proceedings; and
d: whether there are any complex factual, legal, or evidential matters that require the determination of a court; and
e: whether it is in the public interest that legal aid be granted.
7: To avoid doubt, legal aid in respect of civil proceedings is not available to any body of persons, whether corporate or unincorporate, except as provided in subsection (1) and section 42
8: Subsections (2) and (4)(a) and (b) do not apply to—
a: applications for legal aid in respect of victims' claims proceedings; or
b: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
c: applications for legal aid by a person of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b); or
d: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b).
9: Subsections (1), (2), and (4)(a) do not apply to applications for legal aid under section 42
10: Subsection (4)(d)(i) does not apply to original proceedings under an enactment specified in Schedule 4
11: The Agency may grant legal aid to an applicant in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009
12: In considering whether or not the interests of justice require that an applicant be granted legal aid under subsection (7), the Agency must have regard to—
a: whether there are any serious consequences for the applicant if legal aid is not granted; and
b: whether there are any complex factual, legal, or evidential matters in the proceeding that require the applicant to be legally represented.
13: Subsections (3) and (4) do not apply to an application for legal aid in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009 Section 9 substituted 1 March 2007 section 6 Legal Services Amendment Act 2006 Section 9(8) substituted 17 February 2010 section 6 Legal Services Amendment Act 2009 Section 9(11) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009 Section 9(12) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009 Section 9(13) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009
10: Other situations where legal aid refused or limited: civil matters
1: Subject to subsection (2)
a: proceedings involving a decision under the Immigration Act 2009
i: is unlawfully in New Zealand in terms of that Act; or
ii: is lawfully in New Zealand only by being the holder of a temporary entry class visa granted under that Act; or
iii: is not in New Zealand and—
A: is not a New Zealand citizen; or
B: does not hold a residence class visa granted under that Act:
b: proceedings involving a decision or matter under the Immigration Act 1987
i: was unlawfully in New Zealand in terms of that Act; or
ii: not having been granted legal aid for the purpose of any particular proceedings in New Zealand before the person arrived in New Zealand, was lawfully in New Zealand only by virtue of being the holder of a temporary permit or a limited purposes permit.
2: Subsection (1)
a: proceedings referred to in subsection (1)(b) section 2(1)
b: proceedings specified in section 7(1)(j) to (ma)
3: The Agency must refuse to grant legal aid to an applicant who applies for legal aid in connection with a civil proceeding in which he or she is concerned in a representative, fiduciary, or official capacity, unless it appears to the Agency that,—
a: if proceedings were brought, the court would be likely to order that the cost of the proceedings be paid out of any property, estate, or fund; and
b: if that happened, the property, estate, or fund would be diminished or extinguished by the order and any person beneficially interested would suffer hardship as a result.
4: If an applicant applies for legal aid in connection with a matter in which numerous persons have the same interest, and the rules of court permit the applicant to sue or be sued on behalf of all those persons, then the Agency must refuse to grant legal aid if it is satisfied that—
a: the refusal of legal aid to the applicant would not seriously prejudice the rights of the applicant; or
b: it would be proper for the other persons having the same interest to pay for the proceedings.
5: If an applicant has the right, according to the rules of court, to be joined with others as plaintiff in 1 action because a common question of law or fact arises, then the Agency may grant legal aid to the applicant that is limited to the proceedings necessary to preserve the applicant's right to relief.
6: In this section, rules of court 1991 No 71 ss 28(3), 70(1), 71 Section 10(1) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 10(2) substituted 29 November 2010 section 406(1) Immigration Act 2009
11: Legal aid not available to insured or indemnified persons
A person who has any form of indemnification or insurance in respect of the legal costs of bringing or defending any proceedings is not entitled to legal aid in respect of those proceedings, unless or until the person has exhausted any benefits available under the indemnification or insurance. 1991 No 71 s 88 Application and grant
12: Application for grant of legal aid
1: An application for a grant of legal aid—
a: must be made in the prescribed manner to the Agency; and
b: must include a statement of financial means in a form prescribed by the Agency; and
c: must, subject to subsection (2), be made before the final disposition.
2: An application for a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: In this section, final disposition Section 12 substituted 1 March 2007 section 8 Legal Services Amendment Act 2006
13: Special provisions relating to minors and mentally disordered persons
1: A minor aged 16 or over may apply for legal aid in respect of a civil matter in his or her own right; and despite any enactment or rule of law,—
a: if a grant is made, is personally liable for any repayment
b: is personally liable for any costs that the court orders the person to pay; and
c: may, unless the court directs otherwise, sue or be sued without a guardian ad litem
2: An application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by a person of full age and capacity.
3: If the rules of court require proceedings to be brought or defended by a next friend or guardian ad litem ad litem
4: An application for civil legal aid in respect of a person who is aged under 16 or is mentally disordered must be accompanied by an undertaking by the person making the application that he or she will pay any repayment
5: The Agency may waive any of the requirements or conditions set out in subsections (2) to (4). 1991 No 71 ss 64–66, 68 Section 13(1)(a) amended 1 March 2007 section 9(1) Legal Services Amendment Act 2006 Section 13(4) amended 1 March 2007 section 9(2) Legal Services Amendment Act 2006
14: Decision on application for legal aid
1: On an application for legal aid, the Agency may, in respect of the whole or any part of the proceedings or appeal,—
a: grant legal aid to the applicant; or
b: grant legal aid on an interim basis pending further consideration of the application; or
c: request further information from the applicant, the proposed lead provider, or both; or
d: decline the application.
2: When granting legal aid (other than on an interim basis), the Agency—
a: must specify the conditions, as described in section 15
b: must identify the lead provider
c: may specify a maximum grant.
3: This section does not apply to applications under section 42 1991 No 71 ss 7, 11(2), 17, 25, 33 Section 14(2)(b) amended 1 March 2007 section 10 Legal Services Amendment Act 2006
15: Conditions on grant of legal aid
1: A grant of legal aid may be subject to a condition that the aided person must pay to the Agency an interim repayment of a specified amount calculated in accordance with section 17
2: Every grant of legal aid is subject to the condition that the aided person must pay to the Agency a repayment calculated in accordance with section 18
3: A grant of legal aid may be subject to a condition that the aided person must authorise a charge to be registered in favour of the Agency over specified property of the aided person as security for the interim repayment, repayment, or both.
4: The Agency may lodge a caveat under section 137
5: Subsection (1), the provisions of subsection (3) relating to a charge as security for payment of an interim repayment required by a condition referred to in subsection (1), and subsection (4)—
a: do not apply to the maximum grant under section 20(4)
b: apply to an amendment under section 24(4) section 20(4)
6: This section does not apply to—
a: applications for legal aid under section 42
b: applications for legal aid by the proposed patient in proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992
c: applications for legal aid by the proposed care recipient in proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ; or
d: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
e: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
f: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section. Section 15 substituted 1 March 2007 section 11 Legal Services Amendment Act 2006 Section 15(6)(c) amended 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(d) added 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(e) added 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(f) added 17 February 2010 section 7 Legal Services Amendment Act 2009
16: Special provisions about conditions on grants to persons involved in proceedings under Domestic Violence Act 1995
1: In this section, person A Part 2 Part 3
2: A grant of legal aid made to person A is not subject, and may not be made subject, to any of the conditions referred to in subsections (1), (2), or (3) of section 15
3: The Agency may impose any of the conditions in subsections (1), (2), or (3) of section 15
4: If a grant of legal aid to person A is in respect of proceedings that involve matters in addition to proceedings under the Domestic Violence Act 1995
5: If the Agency proposes to impose conditions under subsection (4), it must—
a: consider any representations by person A concerning the proportion of the grant that should not be subject to conditions; and
b: determine what proportion of the grant is subject to conditions, and what those conditions are; and
c: advise person A of its decision, and explain how it decided what proportion of the grant should be subject to conditions. 1991 No 71 ss 49A, 49B
17: Interim repayments payable
1: If an interim repayment is payable under a grant of legal aid, the Agency must determine the amount of the interim repayment by having regard to the prescribed repayment amount set by regulations made under this Act.
2: The Agency may require an aided person to start making interim repayments at any time after legal aid has been granted. Section 17 substituted 1 March 2007 section 12 Legal Services Amendment Act 2006
18: Amount of repayment payable
1: This section sets out the repayment payable by an aided person under section 15(2)
2: The repayment payable if the proceeds of proceedings are less than the cost of services is determined by—
a: adding the proceeds of proceedings and the prescribed repayment amount; and
b: subtracting from the amount obtained under paragraph (a)—
i: the amount (if any) by which it exceeds the cost of services; and
ii: any interim repayment paid by the aided person; and
iii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
3: The repayment payable if the proceeds of proceedings equal or exceed the cost of services is the cost of services minus—
a: any interim repayment paid by the aided person; and
b: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
4: The repayment payable if there are no proceeds of proceedings is the lesser of—
a: the cost of services minus—
i: any interim repayment paid by the aided person; and
ii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act:
b: the prescribed repayment amount minus the amounts referred to in paragraph (a)(i) and (ii).
5: The prescribed repayment amount referred to in subsection (2)(a) is zero in respect of victims' claims proceedings.
6: Subsection (4) does not apply to victims' claims proceedings. Section 18 substituted 1 March 2007 section 12 Legal Services Amendment Act 2006
19: Lead providers
If more than 1 listed provider provides services under a grant of legal aid, any obligation of the Agency to pay or to communicate with a person providing services under the grant is owed only to the lead provider, and not to any other provider. 1991 No 71 s 17
20: Maximum grant
1: A grant of legal aid may specify a maximum grant, which is the amount of legal aid that is authorised under the grant.
2: A maximum grant may be expressed in any way. For example, it may refer to a total dollar amount, or a maximum number of hours, or a period within which the aid must be provided, or any combination of these or any other specifications.
3: When determining a maximum grant, the Agency may take into account any delay on the part of the applicant in applying for legal aid and the reason for the delay.
4: However, every grant of legal aid in respect of victims' claims proceedings (as defined in section 4(1) 1991 No 71 ss 11, 22(3), 35 Section 20(4) added 4 June 2005 section 70 Prisoners’ and Victims’ Claims Act 2005 After legal aid is granted
21: Lead provider in civil proceedings to notify other parties
1: When a party to civil proceedings is granted legal aid, the lead provider under the grant must at once give notice of that fact to every other party to the proceedings, and to the Registrar of the relevant court.
2: If any other person subsequently becomes a party to the proceedings, the lead provider must give an equivalent notice to the new party.
3: If the grant of legal aid is withdrawn, the lead provider under the grant must notify all other parties to the proceedings of that fact. SR 1991/293 r 34
22: Agency to be notified of change in circumstances
1: An aided person (and any person acting for an aided person as a lawyer, next friend, guardian ad litem
a: any increase in the income or disposable capital of (or being treated as being of) the aided person by an amount that could affect the aided person's eligibility for legal aid:
b: any change to the address of the aided person (and the person acting for the aided person, if applicable).
2: A person applying for legal aid (in this section, the applicant
a: any increase in the income or disposable capital of (or being treated as being of) the applicant by an amount that could affect the applicant's eligibility for legal aid:
b: any change to the applicant's address.
3: A person who is no longer an aided person, but who becomes aware that he or she, while an aided person, received an increase in his or her income or disposable capital that could have affected his or her eligibility for legal aid, must notify the Agency of that fact as soon as practicable.
4: For the purposes of subsection (1), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person acting for the aided person from complying with subsection (1). Section 22 substituted 1 March 2007 section 13 Legal Services Amendment Act 2006
23: Agency to keep aided person informed
1: The Agency must give notice to an aided person of the conditions of his or her grant of legal aid—
a: when the grant is first made; and
b: whenever the aided person asks for such a notice; and
c: whenever any material change is made to the conditions; and
d: when the repayment payable (as determined under section 18
e: when an amendment is made to the maximum grant of legal aid.
2: Every notice under subsection (1) must include—
a: a statement of any amounts currently owing by the aided person, whether as an interim repayment or a repayment; and
b: details of any charges held, or to be taken, by the Agency over property of the aided person; and
c: advice to the person about how to seek—
i: a reconsideration of the Agency's decision, under section 29
ii: an examination of the cost of services, under section 38
iii: a review of the Agency's decision, under section 54 1991 No 71 s 81 Section 23(1)(d) substituted 1 March 2007 section 14(1) Legal Services Amendment Act 2006 Section 23(1)(e) added 1 March 2007 section 14(1) Legal Services Amendment Act 2006 Section 23(2)(a) substituted 1 March 2007 section 14(2) Legal Services Amendment Act 2006
23A: Private mediation
1: In this section, private mediation
a: ordered by a court; or
b: part of a court process or proceeding; or
c: part of a dispute resolution process under any enactment.
2: The Agency may fund legal services related to private mediation in respect of any matter for which legal aid may be granted under section 7
a: the matter is suitable for private mediation; and
b: there is a reasonable likelihood that private mediation will resolve the dispute or part of the dispute. Section 23A inserted 1 March 2007 section 15 Legal Services Amendment Act 2006
24: Application for amendment to grant of legal aid
1: An application for an amendment to a grant of legal aid—
a: must be made by either the aided person or the listed provider; and
b: must be made in the prescribed manner to the Agency; and
c: must, subject to subsection (2), be made before the final disposition.
2: An application for an amendment to a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: Following an application for amendment to a grant of legal aid, the Agency may confirm the grant or amend it in any manner consistent with this Act and any regulations made under it.
4: However, the Agency may, on an application under this section, amend the maximum grant under section 20(4) section 9(2)
5: The Agency may, in either or both of the following circumstances, refuse to amend under subsection (4) the maximum grant under section 20(4)
a: the Agency is unable to obtain full information concerning the applicant's financial affairs, because of the default or failure to the applicant:
b: if, in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings.
6: In this section, final disposition Section 24 substituted 1 March 2007 section 16 Legal Services Amendment Act 2006
25: Withdrawal of, or amendment to, grant of legal aid: criminal matters
In relation to a criminal matter, the Agency may at any time—
a: withdraw legal aid from, or amend a grant of legal aid to, an aided person if—
i: the Agency is satisfied that the aided person has sufficient means to enable the person to obtain legal assistance and representation; or
ii: the Agency considers that the interests of justice no longer require that legal aid be given to the person; or
iii: the aided person requests it; or
b: amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2) Section 25 substituted 1 March 2007 section 17 Legal Services Amendment Act 2006
26: Withdrawal of, or amendment to, grant of legal aid: civil matters
1: The Agency must withdraw legal aid granted in respect of a civil matter in any of the following circumstances:
a: the grant of legal aid includes a condition that the aided person pay an interim repayment, and payment of that interim repayment is—
i: more than 21 days in arrears; or
ii: unpaid by any date to which the Agency has extended the time for paying the interim repayment:
b: the grant of legal aid is subject to a condition that the aided person authorises a charge to be registered over specified property, and the aided person has not so authorised the charge within 15 working days of the date on which the Agency asked the person to do so:
c: the Agency becomes aware that the aided person was not entitled to legal aid because subsection (1) of section 10
2: In relation to a civil matter, the Agency may at any time
a: the aided person is no longer a person who would be entitled to that grant of legal aid, by virtue of any of the provisions of sections 9 10 11
b: the Agency is satisfied that the proceedings in respect of which legal aid was granted have been disposed of:
c: the Agency is satisfied that the aided person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Agency, or has required unreasonably that the proceedings be continued:
d: the Agency considers that the aided person no longer has reasonable grounds for taking, defending, or being a party to the proceedings, or that it is unreasonable or undesirable in the particular circumstances for the person to continue to receive legal aid:
e: the Agency is satisfied that the aided person has, in relation to any application by that person relating to legal aid,—
i: intentionally or negligently made an untrue statement about that person's resources, or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after the aid was granted; or
ii: intentionally contravened or failed to comply in any respect with this Act or with regulations made under this Act:
f: the aided person requests that the grant of legal aid be withdrawn.
3: In relation to a civil matter, the Agency may at any time amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2) 1991 No 71 s 53 Section 26(1)(a) substituted 1 March 2007 section 18(1) Legal Services Amendment Act 2006 Section 26(2) amended 1 March 2007 section 18(2) Legal Services Amendment Act 2006 Section 26(3) added 1 March 2007 section 18(3) Legal Services Amendment Act 2006
27: Withdrawal of grant
1: This section applies when the Agency proposes (other than with the agreement, or at the request, of the aided person) to withdraw a grant of legal aid, under section 25 section 26
2: A grant of legal aid must not be withdrawn until—
a: notice of intention to withdraw the grant has been given to the aided person and the lead provider; and
b: the aided person has been given a reasonable opportunity under the notice to make submissions on why the grant should not be withdrawn in the manner indicated; and
c: the Agency has considered any submission by or on behalf of the aided person.
3: If a grant is withdrawn, the Agency must immediately notify the aided person and the lead provider of—
a: the date on which the withdrawal takes effect, which must be a date on or after the date on which the Agency reasonably believes the aided person will receive the notice; and
b: the reasons for the withdrawal; and
c: the aided person's rights to seek a reconsideration under section 29 section 54 Section 27 substituted 1 March 2007 section 19 Legal Services Amendment Act 2006
28: Consequences of withdrawing legal aid
1: The withdrawal of legal aid does not affect—
a: the aided person's obligations arising out of the conditions of the grant; or
b: the Agency's rights to enforce those obligations; or
c: the Agency's obligations to pay for the services provided under the grant before the date of its withdrawal.
2: If legal aid is withdrawn from an aided person because of an increase in the person's income or disposable capital, the Agency may recover from the aided person any amount paid or payable by the Agency under the grant (less any interim repayment already paid by the person) in respect of the period—
a: beginning on or after the date on which the person first received the increase to the person's income or disposable capital that has affected entitlement to legal aid; and
b: the date of withdrawal of legal aid.
3: Any amount recoverable by the Agency under subsection (2) is to be treated for all purposes as if it were a repayment payable by the aided person to the Agency.
4: If legal aid is withdrawn from a person who was receiving aid from a listed provider, the listed provider has the right to recover from the aided person the difference between the amount paid or payable by the Agency under this Act and the full amount of that provider's fees and disbursements.
5: The Agency is not obliged to pay for any services provided to an aided person after the date on which legal aid is withdrawn. 1991 No 71 ss 53(4), 59, 60, 61 Section 28(2) substituted 1 March 2007 section 20 Legal Services Amendment Act 2006 Section 28(3) substituted 1 March 2007 section 20 Legal Services Amendment Act 2006 Reconsideration
29: Reconsideration
1: An aided person, or an applicant for legal aid, who is aggrieved by a decision of the Agency that affects the person, may apply to the Agency for a reconsideration of the decision.
2: When the Agency receives an application for a reconsideration, the decision must be reconsidered by a person other than the person who made the original decision, and the person doing the reconsideration may take into account any new or additional information supplied by the person applying for the reconsideration.
3: The Agency may decline to reconsider a decision if the Agency has already reconsidered that decision or a decision relating to substantially the same issue. 1991 No 71 s 63 How agency may enforce conditions of grant
30: Amount payable by aided person to Agency
At any time, the total amount payable to the Agency by an aided person under the conditions of a grant is—
a: the amount of interim repayments
b: if the proceedings have concluded, the amount of repayment payable (if any), determined in accordance with section 18 Section 30(a) amended 1 March 2007 section 21(1) Legal Services Amendment Act 2006 Section 30(b) amended 1 March 2007 section 21(2) Legal Services Amendment Act 2006
31: Amounts payable under conditions of grant are debts due to Agency
1: An amount payable to the Agency as a condition of a grant of legal aid (whether as an interim repayment or a repayment) is a debt due to the Agency, and may be recovered in any court or tribunal of competent jurisdiction.
2: Interest that is payable under section 35A
3: The Agency may, by agreement with the aided person, make whatever arrangements (including any adjustments to those arrangements) it considers appropriate for the payment by the aided person of any amount payable under a grant of legal aid, or any other debt payable to the Agency by the aided person.
4: In making any arrangements under subsection (3), the Agency must have regard to the following principles:
a: any debt that is to be paid from the aided person's income should be paid by the aided person within 5 years from when the debt arises:
b: any debt that is to be paid from the aided person's income and capital should be paid by the aided person within 7 years from when the debt arises.
5: Despite subsection (4), the Agency may, after having regard to the principles in that subsection, make whatever arrangements it considers appropriate in the circumstances. Section 31 substituted 1 March 2007 section 22 Legal Services Amendment Act 2006
31A: Agency may adjust rate of payment of debt, etc
1: The Agency may, in accordance with this section,—
a: adjust the rate of payment of a debt by an aided person; or
b: require an aided person to commence or recommence payment of a debt.
2: The Agency must not make a decision under subsection (1)(a) or (b) unless—
a: the Agency considers, in light of new information, that the decision is justified; and
b: reasonable efforts to reach agreement with the aided person have failed.
3: No adjustment to the rate of payment of a debt may be made until the Agency—
a: notifies the aided person in writing of its intention to make the adjustment; and
b: provides the aided person with reasons for the proposed adjustment; and
c: gives the aided person a reasonable opportunity to make submissions on why the adjustment should not be made in the manner indicated; and
d: considers any submissions by the aided person.
4: The Agency may not require an aided person to commence or recommence payment of a debt until the Agency—
a: notifies the aided person in writing of its intention to require the aided person to commence or recommence payment of the debt; and
b: provides the aided person with reasons why payment of the debt should commence or recommence; and
c: gives the aided person a reasonable opportunity to make submissions on why the person should not commence or recommence payment of the debt in the time indicated; and
d: considers any submissions by the aided person.
5: If the Agency decides to adjust the rate of payment of a debt or require an aided person to commence or recommence payment of a debt, the Agency must notify the aided person in writing of—
a: its decision; and
b: the aided person's right to seek a reconsideration under section 29 section 54
c: the date on which the decision takes place (which must be no earlier than the day after the date that the Agency reasonably believes the aided person will receive notice under this subsection). Section 31A inserted 1 March 2007 section 22 Legal Services Amendment Act 2006
32: Charges on proceeds of proceedings
1: The proceeds of proceedings to which a grant of legal aid relates are subject to a charge in favour of the Agency for the amount of—
a:
b: the repayment payable under the grant.
2: Subsection (1) operates to create a charge even if the grant of legal aid in respect of the relevant proceedings has been withdrawn.
3: A charge created by this section on any damages or costs does not prevent a court from allowing them to be set off against other damages or costs in a case where a solicitor's lien for costs would not prevent it.
4: A charge created by this section may be registered,—
a: in the case of land, against that land in accordance with the Statutory Land Charges Registration Act 1928
b: in the case of any other property, against that property in accordance with the Chattels Transfer Act 1924 Personal Property Securities Act 1999 Motor Vehicle Securities Act 1989
5: Subsection (1) does not apply to property returned, transferred, or granted to an aided person as a result of proceedings before the Waitangi Tribunal. 1991 No 71 ss 40, 41, 42, 59 Section 32(1)(a) repealed 1 March 2007 section 23 Legal Services Amendment Act 2006
33: Agency may exempt property from charge
1: The Agency may, on application by an aided person, exempt any property that is part of the proceeds of proceedings from being subject to a charge under section 32
2: The Agency may exercise its power under subsection (1) if it considers that, having regard to the value or nature of the property and all other relevant circumstances, it would be just and equitable to do so.
3: Any application for exemption must be made within 20 working days (or such longer time as the Agency, on application, allows) of the date of the judgment or out-of-court settlement giving rise to the proceeds of proceedings.
4: On receipt of an application for exemption, the Agency must—
a: decide whether to exempt the whole or any part of the property specified in the application, or any other property; and
b: advise the aided person of the decision, and of the aided person's right to apply for a reconsideration under section 29 section 54 1991 No 71 s 45
34: Transfer of charge
1: If any property of an aided person is subject to a charge, the Agency may, if it considers that it would be unjust or unreasonable to require immediate payment of the amount charged, enter into an agreement with the aided person for the release of all or part of the property from all or part of the charge.
2: An agreement under subsection (1) may provide for all or part of the charge to attach to any other property of the aided person, and may be subject to conditions.
3: An agreement under this section has the effect of—
a: releasing from the charge any property agreed to be released from the charge; and
b: subjecting any property agreed to be subject to a charge to the charge as agreed. 1991 No 71 s 49
35: Enforcement of charge
1: In order to recover a debt due under a grant of legal aid, the Agency may enforce, in any manner that would be available if the charge had been given between the parties, a charge—
a: registered in compliance with a condition of the grant imposed under section 15(3)
b: arising by operation of section 32
2: A transfer or act done with the intention, or having the effect, of defeating a charge referred to in subsection (1) is void as against the Agency, except where the transfer or act is to or in favour of a purchaser in good faith for value who, at the time of the transfer or act, had no notice of the charge. 1991 No 71 s 43
35A: Interest on unpaid legal aid debt
1: The Agency may require an aided person who defaults on the payment of a debt due to the Agency to pay interest on the entire unpaid debt in respect of the period during which the aided person is in default.
2: Any interest charged by the Agency under subsection (1) must be at the rate specified in regulations made under this Act. Section 35A inserted 1 March 2007 section 24 Legal Services Amendment Act 2006
36: Aided person to enforce judgment or out-of-court settlement
1: An aided person must take all steps necessary to enforce a judgment or out-of-court settlement in order to recover the proceeds of proceedings.
2: If the aided person fails to take such steps, the Agency may enforce the judgment or out-of-court settlement as if it were in favour of the Agency, and may recover the costs of doing so from the aided person. 1991 No 71 s 46
36A: Agency may decide not to recover debt in certain circumstances
1: The Agency may decide not to recover any debt due to the Agency under a grant of legal aid if—
a: the enforcement of the debt would cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable not to recover the debt.
2: The Agency may make a decision under subsection (1) at the time that legal aid is granted, or at any time after it is granted.
3: If the Agency decides under subsection (1) not to recover a debt,—
a: the debt must be treated as being written off for the purposes of section 37
b: section 37(2) to (5)
4: In subsection (1), serious hardship section 37(6) Section 36A inserted 17 February 2010 section 8 Legal Services Amendment Act 2009
37: Agency may write off amounts payable
1: The Agency may write off all or any part of any interim repayment, repayment, interest, or any other debt payable to the Agency by an aided person in any of the following circumstances:
a: the enforcement of the debt would, in the opinion of the Agency, cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable to write off the debt.
2: When a debt has been written off under this section, the Agency must give notice to the debtor of the write-off.
3: When a debt is written off under this section, the debtor is, from the date of the write-off, no longer liable to pay the debt.
4: If, despite the write-off, a debtor repays some or all of a written-off debt, the Agency must return the amount that was written off.
5: The write-off of a debt does not affect the Agency's obligation to pay any person who provided legal services under the relevant grant of legal aid.
6: In subsection (1), serious hardship
a: the aided person's inability to meet minimum living expenses according to normal community standards; or
b: the cost of medical treatment of an illness or injury of the aided person or the aided person's dependant; or
c: a serious illness suffered by the aided person or the aided person's dependant. Section 37 substituted 1 March 2007 section 25 Legal Services Amendment Act 2006
38: Aided person may request examination of cost of services
1: An aided person may request the Agency to examine the cost of services
a: has claimed in respect of more time than was actually spent providing services under the grant; or
b: has claimed for disbursements that were not in fact used in providing those services.
2: The aided person may make a request under subsection (1) at any time before the 20th day (or such longer time as the Agency, on application, allows) after the person has received notice of the cost of services. 1991 No 71 s 82 Section 38(1) amended 1 March 2007 section 26 Legal Services Amendment Act 2006
39: Agency to refund excess payments
The Agency must refund any amount paid by an aided person to the Agency that is—
a: more than the aided person is or was required to pay; or
b: more than the cost of services 1991 No 71 ss 39, 75(1)(d) Section 39(b) amended 1 March 2007 section 27 Legal Services Amendment Act 2006 Award of costs in civil proceedings
40: Liability of aided person for costs
1: If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.
2: No order for costs may be made against an aided person in a civil proceeding unless the court is satisfied that there are exceptional circumstances.
3: In determining whether there are exceptional circumstances under subsection (2), the court may take account of, but is not limited to, the following conduct by the aided person:
a: any conduct that causes the other party to incur unnecessary cost:
b: any failure to comply with the procedural rules and orders of the court:
c: any misleading or deceitful conduct:
d: any unreasonable pursuit of 1 or more issues on which the aided person fails:
e: any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution:
f: any other conduct that abuses the processes of the court.
4: Any order for costs made against the aided person must specify the amount that the person would have been ordered to pay if this section had not affected that person's liability.
5: If, because of this section, no order for costs is made against the aided person, an order may be made specifying what order for costs would have been made against that person with respect to the proceedings if this section had not affected that person's liability.
6: If an order for costs is made against a next friend or guardian ad litem
a: that next friend or guardian ad litem
b: the means of the next friend or guardian ad litem Section 40 substituted 1 March 2007 section 28 Legal Services Amendment Act 2006
41: Costs of successful opponent of aided person
1: This section applies if an order is made under section 40
2: If this section applies, the party to the proceedings who is prejudiced by the operation of section 40 applicant
3: In considering any such application, the Agency must have regard to the following matters:
a: the conduct of the parties to the proceedings:
b: the court's findings under section 40(2)
c: the hardship that would be caused to the applicant if the costs were not paid by the Agency.
4: For the purposes of subsection (3)(c), the Agency may require any person to furnish information on the financial circumstances and needs of the applicant.
5: If, having regard to the matters specified in subsection (3) and to any information received under subsection (4), and to all relevant circumstances, the Agency considers that any payment should be made by the Agency to the applicant, it may determine accordingly and must make the payment.
6: The Agency may recover any payment made under this section from the aided person as a debt due to the Agency, unless the payment relates to an order made under section 40(5)
7: The Agency may make a payment under this section to a lawyer who is not a listed provider under this Act. Section 41 substituted 1 March 2007 section 28 Legal Services Amendment Act 2006 Legal aid grants for Treaty of Waitangi claims
42: Applications in respect of proceedings before Waitangi Tribunal
1: This section and sections 43 to 45
a: the application is made by a Maori; and
b: the claim to which the application relates is submitted, or is to be submitted, by that Maori for the benefit of a group of Maori of which the applicant is a member.
2: The Agency may grant an application to which this section applies only if it is satisfied—
a: that the case is one that requires legal representation, having regard to the nature of the proceedings and to the interest of the group of Maori for whose benefit the claim is submitted or is to be submitted; and
b: that the group of Maori would suffer substantial hardship if aid were not granted; and
c: that the interest of that group of Maori is not sufficiently protected by any other claim.
3: The Agency must take into account the information supplied by the Waitangi Tribunal under section 44
a: grant legal aid to the applicant subject to such conditions as it thinks fit relating to the purposes for which that aid is granted, or the period for which that aid is granted, or both; or
b: defer its determination of the application for any period it thinks fit; or
c: decline the application.
4: Nothing in this section prevents an applicant from making a further application for legal aid in respect of the proceedings to which the first application relates. 1991 No 71 ss 72, 73
43: Assessment of financial resources
1: In determining whether the group of Maori for whose benefit the claim to which the application relates is made would suffer substantial hardship if aid were not granted, the Agency may take into account not only the financial resources of those members of the group who are immediately involved in making the claim, but also the extent to which other members of the group, or any incorporated body that represents the members of the group, or both, might reasonably be expected to contribute towards the costs of the proceedings.
2: The Agency may, in its discretion, refuse to grant the application if the applicant does not supply it with sufficient information concerning the financial resources of such persons and bodies as the Agency may specify for the purposes of making a determination referred to in subsection (1).
3: In determining whether or not to refuse to grant an application on the ground specified in subsection (2), the Agency must consider and have regard to the following matters:
a: whether or not the applicant has made all reasonable endeavours to obtain the information required to be supplied to the Agency under that subsection:
b: whether or not the matter in respect of which the application is made is of sufficient importance or complexity to warrant the granting of the application even though that information has not been supplied:
c: whether or not it would be unjust to refuse to grant the application merely because that information has not been supplied.
4: In subsection (1), incorporated body
a: a Maori Trust Board (within the meaning of section 2
b: a Maori incorporation (within the meaning of section 4
c: a trust constituted under Part 12 section 338
d: a trust continued as an ahu whenua trust by section 354 1991 No 71 s 72
44: Agency to refer application to Waitangi Tribunal
1: When an application to which this section applies is made to the Agency, the Agency must, before determining whether or not to grant the application, refer the application to the Waitangi Tribunal for the purpose of obtaining the following information about the claim to which the application relates:
a: the length of time that is likely to elapse before the Tribunal begins inquiring into the claim:
b: the extent to which the claim might reasonably be dealt with by the Tribunal in conjunction with any other claim submitted to the Tribunal:
c: whether or not, in the opinion of the Tribunal, the terms on which the applicant may be represented by a listed provider before the Tribunal in relation to the claim should be limited in any way and, if so, in what way.
2: The Tribunal must supply to the Agency the information referred to in subsection (1). 1991 No 71 s 73
45: Repayment under grant of legal aid
1: A condition requiring repayment of an amount under a grant of legal aid made under section 42
2: The applicant, or any person or body whose resources are taken into account for the purposes of making a determination referred to in section 43(1)
3: The total of the repayment required to be paid under a grant of legal aid made under section 42
a: the resources of the applicant and the financial resources of those persons and bodies whose resources are so taken into account; and
b: the likely cost of the proceedings.
4: Every repayment required in accordance with this section under a grant of legal aid is recoverable in the same way as any other repayment required to be paid under this Act. Section 45 substituted 1 March 2007 section 29 Legal Services Amendment Act 2006 Duty solicitor scheme
46: Continuation and administration of duty solicitor scheme
1: The duty solicitor scheme established under section 156 of the former Act continues on and after the transition date as if it were established under this Act.
2: The Agency must administer the duty solicitor scheme in accordance with this Act and any regulations made under it, and in particular must determine the conditions under which listed providers provide services under the scheme. 1991 No 71 s 156
47: Object of duty solicitor scheme
The object of the duty solicitor scheme is to ensure that there is available in each District Court a sufficient number of lawyers for the purpose of assisting, advising, and representing unrepresented defendants charged with an offence. 1991 No 71 s 157(1)
48: Duties of duty solicitors
The duties of lawyers who act as duty solicitors include—
a: advising unrepresented defendants as to plea, the possibility of a remand without plea, and, where appropriate, the right to elect to be tried by a jury:
b: advising unrepresented defendants on how to arrange private legal representation or to apply for legal aid, and assisting such defendants to make those arrangements or applications:
c: advising unrepresented defendants as to bail:
d: carrying out any other duties specified by the Agency. 1991 No 71 s 157(2) Police Detention Legal Assistance scheme
49: Continuation and administration of PDLA scheme
1: The Police Detention Legal Assistance scheme established under section 158C of the former Act continues on and after the transition date as if it were established under this Act.
2: The Agency must administer the PDLA scheme in accordance with this Act and any regulations made under it, and in particular must determine the conditions under which listed providers provide services under the scheme. 1991 No 71 ss 158C, 158H(1)
50: Object of PDLA scheme
The object of the PDLA scheme is to ensure that there is available a sufficient number of lawyers to provide legal advice, or legal assistance, or both, to any person—
a: to whom the scheme applies; and
b: who wishes to consult or instruct a lawyer about any matter relating to the person's questioning or detention. 1991 No 71 s 158C
51: Who PDLA scheme applies to, and their rights
1: The PDLA scheme applies to every unrepresented person who—
a: is being questioned by the Police, or who the Police want to question, in relation to the commission or possible commission of an offence by that person, and who is advised by the Police, before or in the course of questioning, that he or she may consult a lawyer; or
b: is being detained by the Police, with or without arrest, and is entitled, under section 23(1)(b)
2: Every person to whom the PDLA scheme applies is entitled (subject to this Act and any regulations made under it) to the services of 1 lawyer during the period for which the person is being questioned or is detained. 1991 No 71 ss 2, 158C, 158E
52: Duties of listed providers under PDLA scheme
The duties of lawyers who provide services under the PDLA scheme include the following:
a: advising persons to whom the scheme applies of—
i: their rights and obligations; and
ii: the requirements of any enactment under which they are detained (if applicable):
b: providing such other legal advice or assistance to those persons as they may reasonably require in the particular circumstances of the case, including (without limitation) attending at the place where those persons are being detained or questioned:
c: carrying out any other duties imposed by the Agency. 1991 No 71 s 158E(2) Approved schemes
53: Approved schemes
The Agency may establish and administer, in accordance with a current output 1991 No 71 ss 95(1)(da), 158D Section 53 amended 25 January 2005 section 200 Crown Entities Act 2004
3: Reviews and appeals relating to legal aid
Reviews
54: Grounds for review
1: An aided person or an applicant for legal aid may apply to the Review Panel for a review of a decision of the Agency referred to in subsection (2) on the grounds that the decision is—
a: manifestly unreasonable; or
b: wrong in law.
2: The decisions that may be reviewed are decisions that affect the applicant for review and that relate to any 1 or more of the following:
a: an application for legal aid:
b: any conditions imposed under section 15 section 42
c: any amount payable by an aided person, whether as an interim repayment or repayment, under a grant of legal aid:
d: the identity of any listed provider in a grant of legal aid:
e: the maximum grant under a grant of legal aid:
f: the withdrawal of, or amendment to, a grant of legal aid:
g: the enforcement of any condition imposed under section 15 section 42
h: any changes to, or dealings with, a charge on property arising out of a grant of legal aid:
i: an application under section 41
3: A listed provider or former listed provider may apply to the Review Panel for a review of a decision relating to the amount payable by the Agency to that provider, on the grounds that the decision is—
a: manifestly unreasonable; or
b: wrong in law.
4: A party who has applied to the Agency for payment of costs under section 41
a: manifestly unreasonable; or
b: wrong in law.
5: In this section, decision 1991 No 71 ss 16, 63 Section 54(2)(c) substituted 1 March 2007 section 30(1) Legal Services Amendment Act 2006 Section 54(4) substituted 10 April 2006 section 30(2) Legal Services Amendment Act 2006 Section 54(5) added 10 April 2006 section 30(2) Legal Services Amendment Act 2006
55: Application for review
An application for review must be made in the prescribed manner to the Convenor of the Review Panel—
a: within 20 working days after the date on which notification of the relevant decision is given to the applicant; or
b: within such further period as the Convenor, on application, allows. 1991 No 71 ss 16, 63
55A: Powers and duties of Convenor of Review Panel on receipt of application for review
1: On receipt of an application for review, the Convenor of the Review Panel—
a: may require the Agency or any person to provide any information relating to the decision or the application for review; and
b: must assign a team of 1, 2, or 3 members of the Panel to review the decision.
2: The Convenor must include 1 lawyer in every team assigned to a review.
3: The Convenor may be a member of any team reviewing a decision. Section 55A inserted 22 October 2003 section 4 Legal Services Amendment Act 2003 Section 55A(3) added 10 April 2006 section 31 Legal Services Amendment Act 2006
56: Review of decision by Review Panel
1:
2:
3: A team assigned to a review
a: all information held by the Agency relating to the decision and to any reconsideration by the Agency of the decision:
b: a written report setting out the considerations to which the Agency had regard in coming to its decision or when reconsidering it.
4: A team assigned to a review
5: The review of a decision must be conducted on the papers, with all reasonable speed. 1991 No 71 ss 131, 134 Section 56(1) repealed 22 October 2003 section 5(1) Legal Services Amendment Act 2003 Section 56(2) repealed 22 October 2003 section 5(1) Legal Services Amendment Act 2003 Section 56(3) amended 22 October 2003 section 5(2) Legal Services Amendment Act 2003 Section 56(4) amended 22 October 2003 section 5(2) Legal Services Amendment Act 2003
57: Determination of review
1: A determination by a team assigned to a review is a determination by the Review Panel.
2: The Review Panel may determine a review by confirming, modifying, or reversing the decision under review.
3: Every determination by the Review Panel must be accompanied by a brief summary of the reasons for it. 1991 No 71 s 132
58: Direction to reconsider
1: The Review Panel may, instead of determining a review, give a direction to the Agency that it must reconsider all or any part of the decision to which the review relates.
2: If the Review Panel directs the Agency to reconsider a decision, the Panel must give reasons for the direction, and may set out the matters that the Agency must take into account in its reconsideration.
3: If the Agency receives a direction to reconsider, it must reconsider the decision, taking into account the reasons for the direction and any matters set out by the Review Panel. 1991 No 71 s 133 Appeals and references on question of law
59: Appeal on question of law
If the Agency or an applicant considers that the Review Panel's determination is wrong in law, the Agency or the applicant (as the case may be) may appeal to the High Court on the question of law, and the appeal must be dealt with in accordance with the rules of court. 1991 No 71 s 136
60: Appeals to Court of Appeal and Supreme Court
Sections 144 to 144B section 59 section 107 Section 60 substituted 1 January 2004 section 48(1) Supreme Court Act 2003
61: References on questions of law to High Court
The Convenor of the Review Panel may state a case for the opinion of the High Court on any point of law that arises on a review under this Part of a decision of the Agency. 1991 No 71 s 135 Legal Aid Review Panel
62: Establishment and membership of Legal Aid Review Panel
1: The Legal Aid Review Panel is established.
2: The Review Panel consists of members who are each appointed by the Attorney-General for a specified term of not more than 3 years.
3: The Attorney-General must appoint 1 member, who must be a lawyer who has held a practising certificate for at least 7 years, to be Convenor of the Panel.
4: When appointing members, the Attorney-General must ensure that the Review Panel has a sufficient number of people of the following classes to deal promptly with all reviews:
a: lawyers, who between them have experience in a range of legal areas and types of proceedings:
b: non-lawyers, who have relevant knowledge, experience, and skill.
5: No person may be appointed as a member of the Review Panel if he or she is, or has within the past 5 years been, a member of the Board or Legal Services Board, or an employee of the Agency or Legal Services Board; but members of the Review Panel may be reappointed.
6: The Attorney-General may remove a member from office for any of the following, proved to the satisfaction of the Attorney-General:
a: failure or inability to adequately perform the duties of office:
b: neglect of duty:
c: misconduct.
7: A member may resign by written notice to the Attorney-General.
8: The primary function of the Convenor of the Review Panel is to ensure that the Review Panel carries out its functions in accordance with this Act in an efficient and effective manner.
9: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member's successor is appointed; or
c: the Attorney-General informs the member by written notice (with a copy to the Convenor of the Review Panel) that the member is not to be reappointed and no successor is to be appointed at that time; or
d: either subsection (6) or subsection (7) applies. Section 62(8) added 10 April 2006 section 32 Legal Services Amendment Act 2006 Section 62(9) added 10 April 2006 section 32 Legal Services Amendment Act 2006
62A: Delegation by Convenor of Review Panel
1: The Convenor of the Review Panel may delegate any of the Convenor's functions, duties, and powers to a member of the Panel who the Convenor is satisfied has the capability, skills, and experience to perform and exercise those functions, duties, or powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Convenor.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. Section 62A inserted 22 October 2003 section 6 Legal Services Amendment Act 2003
63: Fees of members of Review Panel
1: A member of the Review Panel is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Attorney-General 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 office as a member.
2: For the purposes of subsection (1), fees framework Section 63 substituted 25 January 2005 section 200 Crown Entities Act 2004
64: Review Panel serviced by Agency
The Agency must provide the administrative support necessary to enable the Review Panel to perform its functions efficiently and effectively.
64A: Liability of Review Panel
1: The Review Panel and members, employees, and agents of the Review Panel are not under any criminal or civil liability in respect of—
a: any act done or omitted in the course of the performance or exercise, or intended performance or exercise, of any of its functions, duties, or powers under this Act; or
b: any words spoken or written at, or in connection with, any review, determination, or direction to reconsider under this Act.
2: This section does not exclude the liability of any person for anything done or omitted in bad faith. Section 64A inserted 10 April 2006 section 33 Legal Services Amendment Act 2006
4: Listed providers
General provisions
65: Obligations relating to professional conduct
1: The fact that a listed provider provides services under this Act does not in any way affect that provider's obligations under any rules or codes of conduct of any professional body to which that provider belongs.
2: The fact that a lawyer provides legal services under this Act does not in any way affect—
a: his or her rights, obligations, responsibilities, or duties as a lawyer; or
b: the relationship between, or the rights of, the lawyer and his or her client or any privilege arising out of that relationship.
3: Subsections (1) and (2) are subject to any express provisions of this Act or any regulations made under this Act. 1991 No 71 s 89(a)
66: Listed providers not to take unauthorised payments
No listed provider may take payments from or in respect of a person to whom services are provided under any scheme unless the payments are authorised by or under this Act, or by the Agency acting under the authority of this Act or any regulations made under it. 1991 No 71 ss 11(3), 35(2), 77, 157A, 158K
67: Listed providers to pay legal aid disbursements
Except as otherwise authorised by the Agency, listed providers must pay all disbursements relating to a legally aided matter, but may claim for reimbursement of those costs under section 74 1991 No 71 s 78
68: Listed providers to protect Agency's interests in relation to charges and proceeds of proceedings
1: This section applies to every person who provides legal services under a grant of legal aid.
2: Every person to whom this section applies—
a: must take all reasonable steps to protect the interests of the Agency under a charge in favour of the Agency, whether the charge—
i: is registered in accordance with a condition imposed under section 15(3)
ii: arises by operation of section 32
b: has a duty not to do or permit anything that would or might effect the transfer of property subject to a charge in favour of the Agency; and
c: must advise the Agency if he or she is aware that the aided person has avoided, is avoiding, or is attempting to avoid making payments to the Agency from proceeds of proceedings.
3: For the purposes of subsection (2)(c), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person to whom this section applies from complying with subsection (2)(c).
4: If a person to whom this section applies fails to fulfil his or her duties under this section, the money that should have been paid to the Agency under a charge or from proceeds of proceedings, may be deducted from any money owing by the Agency to that person. Section 68 substituted 1 March 2007 section 34 Legal Services Amendment Act 2006 Listing
69: Effect of listing
1: A person may not provide legal services under a scheme unless he or she is listed as approved to provide those services.
2: The Agency may impose conditions on an approval to provide services, in which case the person must provide the services in accordance with those conditions.
3: The Agency is not obliged to pay for services provided by a listed provider—
a: who, at the time of providing those services, was not approved to provide them; or
b: who provided those services in breach of any conditions attached to an approval.
70: Agency to establish and maintain legal service list
1: The Agency must establish and maintain a legal service list.
2: The legal service list must show which legal services each listed provider is approved to provide, and any conditions attaching to the approvals.
3: The Agency must ensure that the list, whether in printed or electronic form, is available for inspection free of charge by members of the public.
71: Listing criteria
1: The Agency may develop and adopt listing criteria for determining when a person may be approved to provide specified legal services.
2: In developing new or amended listing criteria, the Agency—
a: must consult with such representatives of the legal profession as the Agency considers to be appropriate; and
b: may consult with any other persons that the Agency considers will assist it in relation to the particular listing criteria under development.
3: In order to adopt new or amended listing criteria, the Agency must give notice in the Gazette
a: the service or services to which the criteria relate; and
b: the date on which the criteria will come into force; and
c: details of how copies of the criteria may be obtained.
4: Subsection (2) does not apply if the Agency intends to adopt listing criteria that are essentially the same as those that applied to a particular service or services immediately before the transition date.
5: For the purpose of this section, the withdrawal of listing criteria is to be treated as an amendment of the criteria.
72: Applications for listing
1: Every person applying for listing, or amendment to the approvals in his or her listing, must apply in the prescribed manner to the Agency.
2: If listing criteria that are relevant to all or part of the application have been adopted under section 71
3: If the Agency accepts all or part of a person's application, the Agency must—
a: notify the person of—
i: any approvals to be entered in the person's listing; and
ii: any conditions attaching to any approvals in the person's listing; and
b: enter the details of any approvals and conditions in the person's listing on the legal services list.
4: If the Agency does not accept all or any part of the person's application, the Agency must—
a: notify the person and invite submissions; and
b: consider those submissions, and notify the applicant of its revised decision.
5: If the applicant accepts the Agency's revised decision, the Agency must take the steps set out in paragraphs (a) and (b) of subsection (3).
6: If the applicant does not accept all or part of the Agency's revised decision, he or she may request an opportunity to be heard by the Agency in relation to those parts of the decision that the applicant wants to challenge.
7: The Agency must, as soon as practicable, arrange for the applicant to be heard and, following that hearing, must make a final decision.
72A: Temporary suspension of listing
1: The Agency may temporarily suspend any 1 or more approvals in a person's listing if—
a: the person is charged with an offence or is subject to disciplinary procedures under the Law Practitioners Act 1982
b: the Agency considers that this will have an adverse effect on—
i: the interests of aided persons (whether generally or in a particular case); or
ii: the integrity of legal aid schemes generally.
2: The Agency may temporarily suspend an approval under this section for a specified period of time, or until the outcome of the matter that the person is charged with or subject to.
3: The effect of the temporary suspension of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the temporary suspension takes effect.
4: The temporary suspension takes effect on the date given in a written notice to the person subject to the temporary suspension, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
5: The written notice must specify the grounds for the temporary suspension.
6: A person who receives a notice of temporary suspension may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
7: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision. Section 72A inserted 1 March 2007 section 35 Legal Services Amendment Act 2006
73: Cancellation of listing
1: The Agency may cancel 1 or more of the approvals in a person's listing on any of the following grounds:
a: the person has been convicted of an offence under section 111 section 112
b: the Agency is satisfied that the approval was given by mistake:
c: the person, in relation to 1 or more approvals, does not meet the listing criteria for that approval, whether those criteria were adopted before or after the approval was given:
d: the person is not providing, or has not provided, the service for which he or she is approved to a standard that is acceptable to the Agency:
e: the person has filed for bankruptcy:
f: the person has failed to comply with 1 or more of the conditions of approval imposed under section 69(2)
g: the person has failed to comply with or fulfill requirements under any of sections 66 67 68 79
h: the person is convicted of an offence, or subject to an order made under section 106 section 112
2: The effect of the cancellation of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the cancellation takes effect.
3: The cancellation takes effect on the date given in a written notice to the person subject to the cancellation, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
4: The written notice must specify the grounds for the cancellation.
5: A person who receives a notice of cancellation may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
6: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision. Section 73 substituted 1 March 2007 section 36 Legal Services Amendment Act 2006 Payment for legal aid work
74: Lead provider to claim for payment
Claims for payment in respect of legal services provided under the legal aid scheme must be made by the lead provider to the Agency in the prescribed manner and must show—
a: the fees claimed by, or the charges attributable to, the lead provider; and
b: the fees claimed by, or the charges attributable to, any other provider who acted on the matter; and
c: the disbursements claimed by the lead provider and any other provider who acted on the matter. 1991 No 71 s 79
75: Agency may approve, defer for examination, or decline payment of claim
1: On receiving a claim for payment from a lead provider, the Agency may—
a: approve the claim or any part of it; or
b: defer payment of all or part of the claim in order that the deferred part may be examined; or
c: decline payment of the claim or any part of it.
2: A payment may be deferred and a claim, or part of a claim, examined if—
a: the claim or part of the claim appears to the Agency to be excessive in light of the Agency's standard rates for payment or its experience with comparable claims; or
b: an aided person has requested an examination of the cost of services, under section 38
3: The Agency may decline some or all of a claim on any 1 or more of the following grounds:
a: the claim exceeds the maximum grant specified in the grant:
b: the claim or part of a claim is for disbursements of a type not approved for payment by the Agency:
c: an examination of the claim or part of a claim under subsection (2) has determined that the claim is excessive or inaccurate. 1991 No 71 ss 11(2)(b), 80, 82, 83
76: Agency to pay approved claims
1: The Agency must pay the lead provider in respect of every claim or part of a claim that is approved for payment.
2: The Agency must not withhold payment of part of a claim on the ground that another part of the claim has been deferred for examination or declined. 1991 No 71 s 85 Examination and audit
77: Agency may examine claims
1: The Agency may examine a claim, or part of a claim, by a listed provider on either or both of the grounds specified in section 75(2)
2: Every examination of a claim, or part of a claim, must be conducted by an auditor. 1991 No 71 s 82
78: Agency may audit listed providers
1: The Agency may audit any listed provider at any time.
2: Every audit must be conducted by an auditor.
3: The purpose of the audit is to enable the Agency to assess the quality and value of the services provided by the listed provider that have been, or may be, paid for by the Agency.
79: Listed providers must co-operate with examinations and audits
1: A listed provider who is subject to an examination or audit must co-operate with the auditor and, in particular, must—
a: ensure that the auditor is given access at all reasonable times to all documents under the control of the provider that relate to the claim under examination, or to matters for which the provider has claimed or may claim payment from the Agency (as the case may require); and
b: use his or her best endeavours to ensure that questions relating to the claim being examined, or to any matter to which the audit relates, are answered fully, frankly, promptly, and in the form (written or oral) required by the auditor; and
c: permit, and if necessary assist, the auditor to copy any document or to reproduce, in usable form, information recorded or stored in a document.
2: A listed provider is not obliged to comply with subsection (1) until the auditor shows the provider a copy of the auditor's authority from the Agency to conduct the examination or audit.
3: If an auditor considers that a listed provider who is being examined or audited is not complying, or has not adequately complied, with subsection (1), the auditor must notify the Agency and the provider.
4: On receipt of a notice, the Agency may suspend payments of any claim currently lodged with it by the listed provider, and the payments may remain suspended until such time as the Agency is satisfied that the provider is co-operating with the auditor.
5: Continuing failure to co-operate may be an offence under section 112 Pilot plans
80: Agency may set up pilot plans
1: The Agency may develop, trial, and evaluate pilot plans for the delivery of schemes by listed providers.
2: No pilot may operate for more than 5 years.
3: No more than 1 field trial of a pilot may be associated with any 1 court at any 1 time, other than in an incidental or minor way.
4: A pilot may involve no more than 3 field trials at any 1 time.
5: The Agency may not set up a field trial of a pilot in a locality without first—
a: consulting with representatives of local lawyers and the community; and
b: determining the maximum proportion of the likely total relevant caseload in that locality that the pilot will undertake.
81: Principles to apply to pilot plans
When developing, trialing, and evaluating a pilot plan, the Agency must take all reasonable steps to ensure—
a: that the pilot will maintain or improve the quality of the delivery of the relevant service; and
b: that the pilot will not have either of the following results:
i: that people requiring the service cannot, in practice, obtain the service except under the pilot:
ii: that lawyers outside the pilot are denied, in practice, the opportunity to offer the service, either generally, or in relation to the place where the pilot is operating, or in relation to the client group the pilot is directed at.
82: Pilot plan to be in
output No pilot plan may operate unless the terms of its operation are set out in the output Section 82 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 82 amended 25 January 2005 section 200 Crown Entities Act 2004
83: Evaluation of pilot plans
1: Every pilot plan must be evaluated, and the evaluation must address, in particular,—
a: the extent to which the pilot complies with the principles set out in paragraphs (a) and (b) of section 81
b: the effect of the pilot on other parts of the justice system, such as court processes, other schemes, and the legal profession.
2: The Minister must present a copy of every evaluation of a pilot to the House of Representatives within 6 months of the Minister's receipt of the evaluation.
84: Continuation of employment of salaried officers
1: If the Minister is satisfied that the evaluation of a pilot plan involving the employment of salaried officers under section 100(1) Gazette
a: extend the pilot for a specified period, in which case the notice must specify the scope of the extended pilot; or
b: authorise the Agency to employ salaried officers on a permanent basis, but only for the same or related purposes as were trialed in the pilot.
2: This section applies despite section 80(2), (3), or (4)
5: Community legal services
Community law centres
85: Definition of community law centre for purposes of Act
1: For the purposes of this Act, a community law centre
2: Every community law centre must identify a particular community that it is intended primarily to serve, and the community can be defined geographically, or by reference to some common interest or characteristic, or both.
3: A body may, for the purposes of this Act, be a community law centre even if it performs functions in addition to those described in subsection (1).
4: In this Part, community 1991 No 71 s 155
86: Agency's role in setting up community law centres
1: In performing its function under section 92(b)
2: When investigating the need for a community law centre to serve a particular community, the Agency may do anything it considers necessary, including—
a: assessing the extent to which the community is unable to access legal services because it has insufficient means to pay for them:
b: providing advice on, and, if the Agency considers it appropriate, financial support for, setting up a pilot centre to operate for a specified period:
c: assessing any pilot centre.
3: The kind of assistance that the Agency may provide in assisting to set up a community law centre includes—
a: giving advice on the most appropriate way in which the services of the community law centre can be provided to a particular community; and
b: making grants of money to help with establishment costs. 1991 No 71 ss 95(1)(d), 154
87: Agency to contract with community law centres
1: The Agency may enter into a contract under this section with any community law centre for the provision of any community legal services.
2: A contract under this section may be for any term of up to 5 years, but the amount of money provided under it must be reviewed annually.
3: The money provided by the Agency to a community law centre under a contract under this section must come from either or both—
a: the Special Fund:
b: any other money held by the Agency specifically for the support of community law centres.
4: Subsection (1) does not prevent a community law centre obtaining money under any other kind of arrangement, including (for example)—
a: obtaining money from the Agency for services provided under a scheme:
b: obtaining money from sources other than the Agency. 1991 No 71 s 95(1)(e)
88: Allocation of funding between community law centres
1: If, in any year, there is a greater demand from community law centres for funding than there is money available, the Agency's funding contracts under section 87
2: When considering the amount of money to be provided under a contract with a community law centre, the Agency must have regard to—
a: the level of unmet legal need in the community served by the community law centre, relative to that of other communities; and
b: the capacity of the community to pay for legal services, relative to the capacity for other communities to pay for them; and
c: the effectiveness, or likely effectiveness, of the community law centre in providing those services to the community; and
d: the benefit of ensuring continuity in the delivery of services; and
e: the need to provide reasonable access by communities to community law centres throughout the country; and
f: alternative providers of legal services that are (or will be) available in practice to the community.
3: Before determining the amount of funding to be available to each community law centre, the Agency must receive and consider the advice of the Public Advisory Committee on the matter. Education and research
89: Education
In order to promote access to justice, the Agency may provide or fund law-related education and legal information to the public or any section of the public.
90: Research
1: The Agency may undertake or fund research into—
a: existing or proposed schemes and community legal services; and
b: the unmet legal needs of communities and how they may be met.
2: A research programme may include the development, operation, and evaluation of pilot programmes for the delivery of community legal services.
6: Legal Services Agency
91: Agency established
1: There continues to be a body corporate that is the same body as the Legal Services Board but, on and from the transition date,—
a: the body is named the Legal Services Agency; and
b: the body is established by this section.
2: The Agency is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: 1991 No 71 ss 94, 109, 110; 1998 No 114 s 328 Section 91(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 91(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 91(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
92: Functions of Agency
The functions of the Agency are as follows:
a: to administer schemes in as consistent, accountable, inexpensive, and efficient a manner as is consistent with the purpose of this Act:
b: to fund, provide, and support community legal services for the public or any section of the public, as provided for in Part 5
c: to investigate and advise on any matter that is referred to it by the Minister and that relates to schemes or community legal services:
d: to carry out any other functions that are conferred on it by this Act or any other enactment. 1991 No 71 s 95
92A: Agency to review payment of legal services
1: The Agency must from time to time review its rates of payment in respect of legal services provided under this Act by listed providers on a contract for services.
2: Subsection (1) does not limit any function or power conferred on the Agency under this Act. Section 92A inserted 1 March 2007 section 37 Legal Services Amendment Act 2006
93: Powers of Agency
Section 93 repealed 25 January 2005 section 200 Crown Entities Act 2004
94: Agency managed by Board
Section 94 repealed 25 January 2005 section 200 Crown Entities Act 2004
95: Appointment of Board
1: The Board of the Agency must have no more than 6 members.
2:
3: Before making appointments to the Board under section 28(1)(a) Section 95(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 95(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 95(3) amended 25 January 2005 section 200 Crown Entities Act 2004
96: Schedule 2 contains provisions applying to Board and members
The provisions of Schedule 2
97: Agency to comply with Government policy
Section 97 repealed 25 January 2005 section 200 Crown Entities Act 2004
98: Limitation on Minister's powers to direct
Section 98 repealed 25 January 2005 section 200 Crown Entities Act 2004
99: Agency to have powers of Commission of Inquiry
For the purposes of this Act, sections 4A to 9 1991 No 71 s 153
100: Agency may employ listed providers as salaried officers
1: The Agency may employ listed providers as salaried officers of the Agency to provide legal services under any scheme.
2: The Agency may employ salaried officers under this section only in accordance with a pilot plan operating under section 80 section 84
3: The Agency may not employ salaried officers to work in a locality without first—
a: consulting with representatives of local lawyers and the community; and
b: determining the maximum proportion of the likely total caseload, or total caseload of a specified type, in that locality that the salaried officer or officers will undertake.
101: Local consultative groups
1: The Agency may, in order to obtain advice, establish 1 or more local consultative groups with either or both of the following functions:
a: to monitor the delivery of legal aid and other schemes in an area:
b: to assess and monitor listed providers, and applicants for listing, who work in the area.
2: Despite any enactment or rule of law to the contrary, the members of a local consultative group may, for the purpose of performing their functions under this section, review any of the following that are referred to the group by the Agency:
a: any legal aid file:
b: any application for listing:
c: any application for an amendment to approvals in a listing.
102: Annual report
1: The annual report of the Agency under section 150
a: the total amount paid out by the Agency during that year for each of the following:
i: the legal aid scheme:
ii: the duty solicitor scheme:
iii: the PDLA scheme:
iv: each approved scheme that has operated during the year; and
b: the total of all other amounts paid during that year out of the funds of the Agency; and
c: the total of all amounts received under this Act by the Agency during that year by way of interim repayments
d: the total amount received by the Agency during that year from the Special Fund; and
e: the total amount paid by the Agency with money from the Special Fund under contracts with community law centres; and
f: the total amount paid by the Agency in investigating the need for, and assisting in setting up, community law centres; and
g: the total amount spent by the Agency during that year on education and on research; and
h: any other matter necessary to give an overall picture of the operation of the Act during the year.
2: 1991 No 71 s 111 Section 102(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 102(1)(c) amended 1 March 2007 section 38 Legal Services Amendment Act 2006 Section 102(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
103: Agency's finances
Section 103 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Public Advisory Committee
104: Establishment and membership of Public Advisory Committee
1: The Agency must establish a Public Advisory Committee.
2: The Agency must ensure that the Public Advisory Committee includes people who represent the interests of women, Maori, Pacific Island people, young people, older people, people with disabilities, consumers, the legal profession, and community law centres.
3: No member of the Board, and no employee of the Agency, may be a member of the Public Advisory Committee.
4: A person may be appointed to, and removed from, membership of the Public Advisory Committee by notice in writing from the Agency.
5: For the avoidance of doubt, the Public Advisory Committee is not a committee of the Board. Section 104(5) added 25 January 2005 section 200 Crown Entities Act 2004
105: Functions of Public Advisory Committee
1: The functions of the Public Advisory Committee are—
a: to provide advice to the Agency on community concerns about, and responses to, schemes and community legal services that are or could be provided under this Act; and
b: to provide advice to the Agency on the unmet legal needs of communities; and
c: to provide advice to the Agency on funding for individual community law centres, and for community law centres in general; and
d: to provide advice to the Agency on research into schemes and community legal services; and
e: to provide advice to the Agency on legal education programmes for the public or any section of the public; and
f: to provide advice to the Agency on ways to make the information and forms relating to schemes understandable to, and usable by, as wide a range of people as possible; and
g: to provide advice to the Agency on any other matters that the Agency asks it to provide advice on; and
h: to carry out the functions of the Agency described in section 86
i: to give reports to the Agency on any other matters that the Public Advisory Committee considers it should report on.
2: The Public Advisory Committee must perform its functions, other than the function described in subsection (1)(i), in accordance with any directions given by the Agency.
3: The Agency may not ask for, and the Public Advisory Committee may not give, advice on individual applications for, or grants of, legal aid.
106: Powers of Public Advisory Committee
The Public Advisory Committee has all the powers necessary for it to carry out its functions, and in particular may, subject to the direction of the Agency,—
a: regulate its own procedure; and
b: establish regional or other subcommittees to assist it in performing its functions.
107: Fees of members of Public Advisory Committee
1: A member of the Public Advisory Committee or any subcommittee of the Public Advisory Committee is entitled—
a: to receive remuneration not within paragraph (b) for services as a member 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 office as a member.
2: For the purposes of subsection (1), fees framework Section 107 substituted 25 January 2005 section 200 Crown Entities Act 2004
108: Public Advisory Committee serviced by Agency
The Agency must provide the administrative support necessary to enable the Public Advisory Committee to perform its functions efficiently and effectively.
8: Miscellaneous provisions
Disclosure of information
109: Disclosure of information
1: In relation to an application for legal aid for a civil matter, or for the payment of costs under section 41
2: Except as provided in this section, neither the Agency nor the Review Panel may require any person who is bound or privileged by an enactment or rule of law to maintain secrecy about a matter to breach secrecy by supplying information or answering questions about the matter, or producing documents or things relating to it.
3: Despite subsection (2), the Agency and the Review Panel are both allowed to require a person who is bound or privileged by an enactment or rule of law to maintain secrecy to breach that secrecy if—
a: the breach relates to an applicant for legal aid for a civil matter; and
b: the applicant has given consent in writing to the breach.
4: A person required to breach secrecy under subsection (3) must comply with the requirement made under that subsection.
5: Despite subsection (2), a person may disclose to the Agency any communication between the aided person and his or her lawyer, or sent to or by the aided person or his or her lawyer (whether or not the communication is marked confidential without prejudice
a: the aided person's grant of legal aid is in respect of a civil matter; and
b: the purpose of the disclosure is to inform the Agency of matters relevant to the withdrawal or amendment of legal aid on the grounds set out in section 26(2)(d)
6: The Agency may advise any person who disclosed a communication under subsection (5) of whether the grant has been withdrawn or amended. 1991 No 71 ss 54, 91 Section 109(5) substituted 1 March 2007 section 39 Legal Services Amendment Act 2006
109A: Agency may require financial information
1: The Agency may require an aided person or applicant for legal aid to provide up-to-date information about the person's financial means if the Agency requires the information to make any decision under this Act.
2: The Agency may seek verification from a third party of any information provided under this section, but must not seek verification until it has notified the aided person or applicant that it intends to do so. Section 109A inserted 1 March 2007 section 40 Legal Services Amendment Act 2006 Offences
110: Misrepresentation, etc
1: Every aided person or applicant for legal aid commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who—
a: fails without reasonable excuse to comply with any provision of this Act, or of any regulation made under it, requiring the person to furnish information or answer questions or produce any document or thing; or
b: knowingly provides false and misleading information, or knowingly answers any question in a false or misleading way; or
c: intentionally avoids payment of the Agency's interest in any proceeds of proceedings.
2: If a person is convicted of an offence under subsection (1), the Agency may recover from that person, as a debt due to the Agency, any amount paid under a grant of legal aid.
3: Despite section 14 1991 No 71 s 92 Section 110(1) substituted 1 March 2007 section 41 Legal Services Amendment Act 2006
111: Offence in relation to listing
Every listed provider commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, who makes a false or misleading representation in relation to any application for listing or application for an amendment to the approvals in his or her listing.
112: Offences in relation to examination and audit
Every listed provider or former listed provider commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who, having received a notice under section 79(3) Regulations
113: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: determining the amount or amounts payable by an aided person (other than as a repayment under section 42
i: prescribing the amount or amounts, or a method of calculating an amount or amounts, payable by an aided person as an interim repayment:
ii: prescribing the amount or amounts, based on income and capital, payable by an aided person as a repayment:
iii: prescribing a method of calculating an amount or amounts, based on income and capital, payable by an aided person as a repayment:
b: prescribing a method or methods for calculating what maximum grant, if any, should be set under a grant of legal aid in respect of proceedings other than victims' claims proceedings:
c: prescribing for the purposes of section 20(4)
d: determining whether a person is eligible for legal aid by—
i: prescribing maximum levels of income and disposable capital:
ii: prescribing a method of assessing financial means:
e: prescribing allowances for use in calculating a person's disposable capital:
f: prescribing deductions that may be made from the cost of services for the purpose of determining the repayment payable by an aided person under a grant of legal aid:
g: prescribing the manner in which applications for, and grants of, legal aid in respect of minors, and other people with special requirements, are to be dealt with:
h: prescribing a class or classes of defendants to whom priority must be given under the duty solicitor scheme or for whom services may be limited:
i: prescribing conditions relating to the delivery of services under any scheme:
j: making provision, in respect of the calculation of the income, disposable capital, or capital of an applicant for legal aid, for all or any of the following:
i: taking into account fluctuations of income:
ii: determining the value of any property:
iii: including in the resources of the applicant any property that has been disposed of:
iv: excluding from the resources of the applicant any liabilities incurred by the applicant for no consideration, or for a grossly inadequate consideration:
v: taking into account any benefit to which the applicant is entitled or which the applicant might receive in connection with property held on trust:
k: prescribing matters relating to the way in which the Agency administers charges, including prescribing maximum rates of interest that may be charged:
l: prescribing amounts or methods for calculating the cost of services:
m: prescribing the rate of interest that may be charged for the purposes of section 35A
n: increasing, or prescribing a method for increasing, the maximum amount of income or disposable capital for the purposes of determining a person's eligibility for legal aid:
o: adjusting, or prescribing a method for adjusting, the maximum amount of repayments for the purposes of section 17
oa: exempting, in accordance with subsection (8), any specified class or classes of person or proceeding from the application of—
i: section 9(2) and (4)(a) and (b)
ii: section 15
p: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
2: When prescribing amounts, or methods of calculating amounts, regulations made under this section may—
a: distinguish between applicants for legal aid on any grounds, for example, the type of proceedings to which the application relates, or the level of income or disposable capital of the applicant; or
b: distinguish between aided persons on any grounds, for example, the type of proceedings to which the grant relates, or the level of income, disposable capital, or capital of the aided person.
3: When prescribing an amount or method of calculating the cost of services, regulations may distinguish between applicants for legal aid or aided persons on the basis of the contract held by the provider.
4: When prescribing maximum levels of income for the purpose of determining an applicant's eligibility for legal aid or when prescribing the maximum amount of repayments payable by an aided person, regulations may take into account whether the applicant or aided person has—
a: a spouse or partner:
b: any dependent children, and the number of dependent children.
5: If regulations made under subsection (1) prescribe maximum levels of income and disposable capital for the purpose of determining an applicant's eligibility for legal aid, the limits so prescribed must be adjusted, by regulations made under subsection (1), by an amount equal to the percentage movement referred to in paragraph (a) or paragraph (b), as the case requires, if—
a: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date that the Legal Services Amendment Act 2006
b: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date when the requirement to make the immediately preceding adjustment under this subsection arose is 5% or more.
6: For the purposes of any adjustment required under subsection (5), the amount of any increase must be rounded up to the nearest whole dollar amount, but any subsequent adjustment must be calculated on the amount of the increase without the rounding.
7: Any adjustment required by subsection (5) contained in regulations made under subsection (1) takes effect on the first day of April following the making of those regulations.
8: No regulations may be made for the purposes of subsection (1)(oa) unless the Minister is satisfied that the proposed exemption is justified on 1 or more of the following grounds:
a: the proposed exemption is in the public interest:
b: the proposed exemption facilitates access to justice:
c: the proposed exemption is just and equitable in the circumstances. Section 113 substituted 1 March 2007 section 42 Legal Services Amendment Act 2006 Section 113(1)(oa) inserted 17 February 2010 section 9(1) Legal Services Amendment Act 2009 Section 113(8) added 17 February 2010 section 9(2) Legal Services Amendment Act 2009 Service
114: Service of notices, etc
1: Any notice or other communication required to be given to any person under this Act or any regulation made under it may be given by delivering it to that person, and may be delivered—
a: personally; or
b: by leaving it at that person's usual or last known place of residence in New Zealand; or
c: by posting it in a letter addressed to the person at his or her usual or last known place of residence in New Zealand.
2: If a notice or other communication is sent to a person by post, then, in the absence of proof to the contrary, the notice or other communication is deemed to have been given to that person when the letter would have been delivered in the ordinary course of post.
3: In proving delivery, it is sufficient to prove that the letter was properly addressed and posted. SR 1991/293 r 60 Miscellaneous
115: Effect of rights conferred by this Act
Any rights or liabilities of an aided person under this Act do not affect—
a: the rights or liabilities of other parties to the proceedings; or
b: the principles on which the discretion of any court or tribunal is normally exercised. 1991 No 71 s 89(b)
9: Transitional and saving provisions
Transitional provisions
116: Functions of Legal Services Board
1: This section applies between the date on which this section comes into force and the transition date.
2: If, at any time during which this section applies, any District Legal Services Committee or any District Subcommittee appears to the Legal Services Board to be unable to fulfil any of its functions, the Legal Services Board may assume responsibility for carrying out any such functions.
3: The Legal Services Board may not assume responsibility for all or any of the functions of a District Legal Services Committee or District Subcommittee—
a: except at the request of the relevant Committee or Subcommittee; or
b: until a date that is 2 weeks after the date on which the Legal Services Board gives notice to the relevant Committee or Subcommittee of its intention to assume specified responsibilities.
4: The Legal Services Board has all the powers necessary to carry out any functions assumed under this section.
116A: Legal aid granted under Legal Aid Act 1969
1: On and after the date on which the Legal Services Amendment Act 2003
2: All charges created by or under the Legal Aid Act 1969 are vested in the Agency.
3: Neither the Registrar-General of Land nor any other person charged with keeping any records or registers is obliged, solely by reason of this section, to change the name in those records or registers or in any document.
4: It is sufficient proof in the absence of evidence to the contrary, that a charge is vested in the Agency if a person presents to a registrar or any other person a document purporting to be a charge or copy of a charge created by or under the Legal Aid Act 1969.
5: A charge created by or under the Legal Aid Act 1969 must be treated as if it were a charge created by or under section 32
6: The provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge; and the Agency may, for the purposes of subsection (1),—
a: transfer the charge in accordance with section 34
b: enforce the charge in accordance with section 35
c: write off the amounts secured by the charge in accordance with section 37 Section 116A inserted 22 October 2003 section 7 Legal Services Amendment Act 2003 Section 116A(2) substituted 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(3) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(4) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(5) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(6) added 10 April 2006 section 43 Legal Services Amendment Act 2006
117: Legal aid granted under former Act
1: Legal aid granted under the former Act is not affected by the repeal of that Act; but, subject to section 117A
2: Every person providing services under a grant of legal aid approved before the transitional date is deemed, after that date and for the purposes of that grant only, to be a listed provider who is approved to provide the services provided under that grant.
3: On and after the transition date, an application that was properly made before that date under the former Act must, to the extent that it was not dealt with before that date, be dealt with as if the application had been properly made under this Act.
4: 1991 No 71 s 160(5) Section 117(1) amended 27 September 2001 section 3(2) Legal Services Amendment Act 2001 Section 117(4) repealed 22 October 2003 section 8 Legal Services Amendment Act 2003
117A: Repayments in respect of certain legal aid granted under former Act
1: This section applies if legal aid was granted under the former Act in respect of civil proceedings, but—
a: the proceedings were not commenced; or
b: the proceedings were commenced but not completed; or
c: there are no proceeds of the proceedings; or
d: the proceeds of the proceedings are not enough to cover the repayment payable (by virtue of section 15(2) section 18
2: The Agency may give the applicant concerned notice requiring the applicant to contribute a further amount if—
a: this section applies; and
b: a further contribution could have been required under the former Act.
3: The further amount required to be contributed under subsection (2) must be no greater than the further contribution that could have been required under the former Act.
4: This Act applies to a further amount required to be contributed under subsection (2) as if it were a contribution within the meaning of this Act (as it read before the commencement of the Legal Services Amendment Act 2006
5: This section applies in respect of completed proceedings—
a: whether they were completed before or after the commencement of this section; and
b: whether or not a repayment has previously been made or required to be made (before or after the commencement of this section) under section 15(2) Section 117A inserted 27 September 2001 section 3(1) Legal Services Amendment Act 2001 Section 117A(4) amended 1 March 2007 section 44 Legal Services Amendment Act 2006
117B: District Legal Aid Committees
1: Every District Legal Aid Committee established under the Legal Aid Act 1969 ceases to exist at the close of the day before the date on which the Legal Services Amendment Act 2003
2: No member of a District Legal Aid Committee is entitled to compensation as a result of those Committees ceasing to exist.
3: All assets and liabilities of a District Legal Aid Committee, and all records of the Committee, vest in the Agency at the close of the day before the date on which the Legal Services Amendment Act 2003 Section 117B inserted 22 October 2003 section 9 Legal Services Amendment Act 2003
118: Community law centres
Any funding arrangement in place on the day before the transition date between the Legal Services Board and a community law centre established under the former Act continues, on and after the transition date, until the earlier of—
a: the date of commencement of a contract entered into under section 87(1)
b: the date on which, in accordance with the terms of the arrangement, the funding arrangement ends.
119: Instructions continue to apply
Instructions issued by the Legal Services Board under section 96 Gazette
a: giving the date on which the revocation will take effect; and
b: stating where copies of any advice or information that replaces the instructions may be inspected free of charge and purchased at a reasonable price.
120: Legal Services Board members and employees
1: On the close of the day before the transition date, the term of appointment of every person who is a member of the Legal Services Board expires.
2: No member of the Legal Services Board is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: No person employed by the Legal Services Board on the day before the transition date is entitled to compensation as a result of the reconstitution and renaming of the Board by this Act. 1998 No 106 s 3
121: Effect of reconstitution of Board
1: On and after the transition date, every reference in any enactment (other than this Act), or in any instrument or register, to the Legal Services Board must, if the context requires, be construed as a reference to the Legal Services Agency.
2: Except as expressly provided by this Act, the renaming and reconstituting of the Legal Services Board by this Act in no way affects any property, powers, authorities, or liabilities of the Legal Services Board, or any legal or other proceedings instituted or to be instituted by or against the Legal Services Board. 1990 No 126 ss 20(2) 34
122: District Legal Services Committees and District Subcommittees
1: Every District Legal Services Committee and every District Subcommittee ceases to exist at the close of the day before the transition date.
2: No member of a District Legal Services Committee or of a District Subcommittee is entitled to compensation as a result of those committees ceasing to exist.
123: Appeals under section 63 of former Act
1: Despite the repeal of the former Act, but subject to section 124
a: the Legal Aid Review Authority established by the former Act continues after the transition date as if that Act had not been repealed; and
b: the members of the Authority at the close of the day before the transition date remain members of the Authority unless or until they cease to be members in accordance with section 145(2) of the former Act.
2: Despite the repeal of the former Act, the Authority must hear and determine every appeal under section 63 of that Act that was, or could have been, made before the transition date, as if the former Act had not been repealed.
3: Sections 135 to 144 of the former Act continue to apply to appeals under section 63 of that Act as if those sections had not been repealed.
4: If there are any appeals under section 63 of the former Act that have not, by the close of 30 June 2001, been finally disposed of by the Authority,—
a: the Authority must forward the file relating to the appeal to the Convenor of the Review Panel; and
b: the Convenor must appoint a 3-person team to review the decision that is the subject of the appeal; and
c: the decision is to be treated for all purposes as a decision of the Agency; and
d: the Review Panel must deal with the appeal as if it were a review under Part 3
124: Legal Aid Review Authority abolished
1: On the close of 30 June 2001, the Legal Aid Review Authority ceases to exist, and the term of appointment of every member of the Authority expires.
2: No member of the Legal Aid Review Authority is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: All assets and liabilities of the Legal Aid Review Authority, and all records of the Authority, vest in the Agency at the close of 30 June 2001.
125: Applications for legal aid for certain criminal matters continue to be dealt with by Registrars
1: Despite section 12 transition period
a: in the case of proceedings in the High Court, the Registrar of that court; or
b: in the case of proceedings in a District Court, the Registrar of the relevant District Court; or
c: in the case of an application in respect of a matter referred to in section 6(c) prison
2: After the transition date, applications for legal aid in relation to criminal matters where the proceedings are to be held in the Court of Appeal or the Judicial Committee of the Privy Council must be made in accordance with section 12
3: A Registrar to whom an application is made under subsection (1) has all the powers and duties of the Agency under Part 2
4: A Registrar exercising any power under Part 2
5: If an application or grant of legal aid, whether made before or after the transition date, relates to a case that is, in the Agency's view, a complex case, then the Agency may, of its own motion or at the request of a Registrar, determine the maximum grant and any amendment to a maximum grant relating to that case.
6: Section 16 of the former Act (which relates to reviews of decisions of Registrars) continues to apply to decisions of Registrars, whether the decision under review was made before or after the transition date, as if that section had not been repealed.
7: In this section, Registrar Section 125(1)(c) amended 1 June 2005 section 206 Corrections Act 2004 Repeals, revocations, and amendments
126: Legal Services Act 1991 repealed
1: The Legal Services Act 1991 is repealed.
2: The following enactments are consequentially repealed:
a: Legal Services Amendment Act 1992:
b: Legal Services Amendment Act 1994:
c: Legal Services Amendment Act 1995:
d: Legal Services Amendment Act 1997.
127: Consequential repeals and revocations
1: Amendment(s) incorporated in the Act(s).
2: The Legal Aid Districts Notice 1970 (SR 1970/54) is consequentially revoked.
3: The following regulations are consequentially revoked:
a: Legal Services Regulations 1991 (SR 1991/293):
b: Legal Services Regulations 1991, Amendment No 1 (SR 1992/125):
c: Legal Services Regulations 1991, Amendment No 2 (SR 1993/255):
d: Legal Services Regulations 1991, Amendment No 3 (SR 1995/24):
e: Legal Services Amendment Act Commencement Order 1996 (SR 1996/145):
f: Legal Services Regulations 1991, Amendment No 4 (SR 1996/153).
128: Consequential amendments to other enactments in Schedule 3
The Acts listed in Schedule 3
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DLM73182
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2000
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Wildlife (Penalties and Related Matters) Amendment Act 2000
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1: Title
1: This Act is the Wildlife (Penalties and Related Matters) Amendment Act 2000.
2: In this Act, the Wildlife Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to increase the penalties for offences committed against the principal Act; and
b: to introduce a 3-tiered system of penalties for offences committed against the principal Act, with each tier providing a higher penalty for offences committed by bodies corporate; and
c: to abolish penalties for continuing offences and replace them with penalties for each head of wildlife and egg of wildlife in respect of which an offence is committed; and
d: to clarify the basis of liability for offences, by indicating which offences are offences of strict liability and which offences require the prosecution to prove that the defendant intended to commit the offence; and
e: to provide for other matters relating to the enforcement of the principal Act generally.
4: New
section 56A The principal Act is amended by inserting, after section 56
56A: Application of
Customs and Excise Act 1996 Sections 149, 160, and 161 of the Customs and Excise Act 1996
5: New
section 65A The principal Act is amended by inserting, after section 65
65A: Liability of directors and managers
1: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the same offence if the prosecution proves—
a: that the act that constituted the offence took place with the director's or manager's authority, permission, or consent; or
b: that the director or manager 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: Where any director or person concerned in the management of a body corporate is convicted of an offence against this Act by virtue of subsection (1)
6: New
sections 67A to 67H The principal Act is amended by inserting, after section 67
67A: Penalties for offences in respect of absolutely protected wildlife
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual,—
i: to imprisonment for a term not exceeding 6 months; or
ii: to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
2: The provisions are—
a: section 56(5)(a)
b: section 63(1A)(a)
c: section 65(2)(a)
d: section 65(3)(a)
67B: Penalty for offence of liberating wildlife
A person convicted of an offence under section 56(4)
a: in the case of an individual,—
i: to imprisonment for a term not exceeding 6 months; or
ii: to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife in respect of which the offence is committed.
67C: Penalties for offences in respect of partially protected wildlife
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual, to a fine not exceeding $10,000 plus a further fine not exceeding $500 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $20,000 plus a further fine not exceeding $1,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
2: The provisions are—
a: section 56(5)(b)
b: section 63(1A)(b)
c: section 65(2)(b)
d: section 65(3)(b)
67D: Penalty for offence of obstructing ranger
A person convicted of an offence under section 40(1) (which relates to obstructing a ranger or other authorised person) is liable,—
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 $10,000.
67E: Penalties for offences in respect of game
1: A person convicted of an offence under any of the provisions listed in subsection (2)
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.
2: The provisions are—
a: section 17(8)
b: section 19(5)
c: section 22A
d: section 23(2A)
3: A person convicted of an offence under any of the provisions listed in subsection (4)
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of game and egg of game in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of game and egg of game in respect of which the offence is committed.
4: The provisions are—
a: section 15(6)
b: section 16(2)
c: section 17(2)
d: section 17(3)
e: section 17(6)
f: section 18(1A)
g: section 19(1)
h: section 22(1)
i: section 63(1A)(c)
j: section 65(2)(c)
k: section 65(3)(c)
67F: Penalties for other offences
1: A person convicted of an offence under any of the provisions listed in subsection (2)
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.
2: The provisions are—
a: section 14(3A)
b: section 17(7)
c: section 51
d: section 53(7)
e: section 58(1)
f: section 59(5)
g: section 59(5A)
h: section 59(6)
i: section 61(2)
j: section 61(6)
k: section 62(2)
l: section 65(1)
m: section 65(3)(d)
n: section 66(2)
o: section 66(3)
3: A person convicted of an offence under any of the provisions listed in subsection (4)
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
4: The provisions are—
a: section 6(3)
b: section 7(2)
c: section 7C(2)
d: section 9(4)
e: section 14(1C)
f: section 14A(4)
g: section 56(5)(c)
h: section 64
67G: Sentence of community service
Despite section 29 of the Criminal Justice Act 1985 Part III of that Act
67H: Offenders also liable for loss or damage
1: A person convicted of an offence against this Act is liable, in addition to the penalty for the offence, for any loss or damage or expenses arising from or caused by the act constituting the offence.
2: The amount payable under subsection (1)
3: In assessing any amount payable under subsection (1)
a: may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act; and
b: must take into account all other relevant factors.
7: New
section 68AB The principal Act is amended by inserting, after section 68A
68AB: Mens rea
1: In any prosecution for an offence under any of the provisions listed in subsection (5)
2: In any prosecution for an offence under a provision that is not listed in subsection (5)
3: It is a defence in any prosecution for an offence not listed in subsection (5)
a: that the defendant did not intend to commit the offence; and
b: that,—
i: in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:
ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.
4: The defence provided in subsection (3)
5: The provisions are—
a: section 17(6)(c)
b: section 40(1)
c: section 58(1)(a)
d: section 59(5A)
e: section 59(6)
f: section 65(2)
g: section 66(2)
6: Sections 63A and 63B
8: Other amendments to Principal Act
The principal Act is amended in the manner indicated in the Schedule
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DLM73809
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2000
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Forests (West Coast Accord) Act 2000
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1: Title
This Act is the Forests (West Coast Accord) Act 2000.
2: Commencement
1: Except as provided in subsection (2), this Act comes into force on the day after the date on which it receives the Royal assent.
2: Part 1
3: Interpretation
In this Act, unless the context otherwise requires,— concession Conservation Board conservation management strategy section 2(1) existing encumbrance new Minister section 8(1) responsible Ministers section 2(1) West Coast Accord
a: the agreement dated 6 November 1986 and executed by the Minister for the Environment on behalf of the Crown and by the West Coast United Council, Native Forests Action Council, Royal Forest and Bird Protection Society of New Zealand, Federated Mountain Clubs of New Zealand, West Coast Timber Association, and Westland Timber Workers’ Union; and
b: any express or implied term in the agreement; and
c: any amendment to the agreement.
4: Act to bind the Crown
This Act binds the Crown.
1: Cancellation of West Coast Accord
5: Cancellation of West Coast Accord
The West Coast Accord is cancelled on 15 May 2000.
6: Effect of cancellation
The effect of cancelling the West Coast Accord is that, on and from the cancellation,—
a: to the extent that the West Coast Accord remains unperformed at the time of the cancellation, no party is obliged or entitled to perform it further; and
b: to the extent that the West Coast Accord has already been performed at the time of the cancellation, no party is, merely because of the cancellation, to be divested of any property transferred or money paid under it.
7: No compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this Part.
2: Enabling change of status of West Coast indigenous production forest land
8: Land status may be changed by declaration
1: The responsible Ministers may jointly, by notice in the Gazette Schedule 1
a: held under the Conservation Act 1987
b: set apart as a reserve, or added to an existing reserve, and classified under the Reserves Act 1977
c: added to a national park under the National Parks Act 1980
d: Crown land subject to the Land Act 1948
2: Before making a declaration under subsection (1), the responsible Ministers must consult with the Minister of Conservation, the Minister of Forestry, and the Minister for Land Information.
3: The following provisions apply in relation to a proposal to add land to a national park under subsection (1)(c):
a: the responsible Ministers must not make a declaration under that provision unless the Minister of Conservation recommends that they do so:
b: the Minister of Conservation must not make a recommendation under paragraph (a) except on the recommendation of the New Zealand Conservation Authority made after consultation with the appropriate Conservation Board:
c: an investigation of the proposal may occur under section 8 section 7(1)(b)
d: during an investigation (if any) under section 8 sections 7(1)(b)
9: Effect of declaration under section 8(1)
1: On the day after the date on which it is published in the Gazette
a: a declaration under section 8(1)(a) Gazette section 7 section 18
b: a declaration under section 8(1)(b) Reserves Act 1977 Gazette section 16
c: a declaration under section 8(1)(c) National Parks Act 1980 section 7
d: a declaration under section 8(1)(d) Land Act 1948
2: On a declaration taking effect,—
a: the land described in the notice ceases to be Crown forest land within the meaning of section 2(1)
b: section 8(1)
10: Change of status of land to be noted
The Registrar-General of Land or the Chief Surveyor, as the case requires, must register a copy of a notice of a declaration under section 8(1)
11: Effect of change of status of land on draft West Coast conservation management strategy
1: If the West Coast conservation management strategy is in draft when a declaration is made under section 8(1)(a), (b), or (c)
2: The review or amendment of the draft conservation management strategy must be carried out as if the conservation management strategy had been approved under section 17F(p) Section 17H section 17I
12: Effect of change of status of land on North Westland regional management plan
1: The North Westland regional management plan (which has effect under section 65(12) section 8(1)
2: If a draft conservation management strategy is approved under section 17F(p) section 8(1)
13: New Minister may grant easements required to comply with Ngāi Tahu deed of settlement
1: The new Minister may grant any easement relating to access over land identified in Schedule 1 section 8
2: An easement granted under subsection (1) is enforceable in accordance with its terms despite Part 3B section 59A section 49
14: Saving of existing encumbrances in force or being negotiated at 15 May 2000
1: Land that has its status changed by a declaration under section 8(1)
a: the existing encumbrance was in force on 15 May 2000 or negotiations for the existing encumbrance were entered into on or before that date; and
b: the existing encumbrance is still in force immediately before the declaration takes effect.
2: The terms of an existing encumbrance saved by subsection (1) are enforceable despite Part 3B section 59A section 49
3: This section is subject to sections 15 to 20
15: When saving provision applies
1: Section 14
a: that is of a minor and technical nature; or
b: that does not materially increase the adverse effects of the activity authorised by the existing encumbrance on that date or materially increase the duration of that activity or materially change the location of that activity; or
c: that will result in a reduction of the adverse effects or the duration of that activity; or
d: negotiations for which were entered into on or before 15 May 2000.
2: Section 14
a: an existing encumbrance that is renewed for a further term under a right of renewal conferred by the existing encumbrance:
b: an existing encumbrance that is transferred to another person.
16: Time limit on saving of existing encumbrances
1: On the expiry of the period of 10 years after the status of land is changed by a declaration under section 8(1)
a: section 14
b: that existing encumbrance is cancelled.
2: To avoid doubt, if an existing encumbrance is granted in perpetuity, it is not in force for an unspecified period.
3: This section does not apply to existing encumbrances granted by an enactment or by the exercise of a power contained in an enactment.
17: Powers under existing encumbrances to be exercised by new Minister
If, before a declaration under section 8(1)
a: the power may be exercised by the new Minister after the declaration takes effect; and
b: the new Minister may take all necessary proceedings to enforce the existing encumbrance, or relating to breaches of, or any act or omission contrary to, the existing encumbrance.
18: Exemptions if existing encumbrances exchanged for concessions
1: The purpose of this section is to provide exemptions from the concession regime under the Conservation Act 1987 section 14
2: If a person applies to the Minister of Conservation for a concession under the Conservation Act 1987 Reserves Act 1977 National Parks Act 1980 section 14
a: section 17T(4) and (5)
b: section 17U(1)(f)
c: section 17W
d: section 17T(2)
e: Part 3B section 59A section 49
3: If the concession is granted by the Minister of Conservation in exchange for the existing encumbrance, the existing encumbrance is cancelled.
4: This section is subject to section 19
19: Limits on exemptions
1: The exemptions in section 18
a: if the application for the concession is made before the existing encumbrance expires or is terminated or cancelled; and
b: to the extent that the activity to be authorised by the concession is an activity already authorised by the existing encumbrance saved by section 14
2: Section 18
a: an application to renew an existing encumbrance (except if the existing encumbrance is being renewed for a further term under a right of renewal conferred by the existing encumbrance); or
b: an application to vary an existing encumbrance.
20: Cancellation of existing encumbrances to be noted
The Registrar-General of Land or the Chief Surveyor, as the case requires, must record the cancellation of an existing encumbrance under section 16 section 18
21: Power to amend Schedule 1
1: The Governor-General may, by Order in Council, on the recommendation of the responsible Ministers, amend Schedule 1
a: to add descriptions of West Coast indigenous production forest land owned by the Crown and managed by Timberlands West Coast Limited at the commencement of this section:
b: to correct descriptions of land (or parts of land).
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Consequential amendments to other Acts
The Acts specified in Schedule 2
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DLM73856
|
2000
|
Misuse of Drugs Amendment Act 2000
|
1: Title
1: This Act is the Misuse of Drugs Amendment Act 2000.
2: In this Act, the Misuse of Drugs Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 3A The principal Act is amended by inserting, after section 3
3A: Classification of drugs
The classification of a drug under this Act is based on the risk of harm the drug poses to individuals, or to society, by its misuse; and accordingly—
a: drugs that pose a very high risk of harm are classified as Class A drugs; and
b: drugs that pose a high risk of harm are classified as Class B drugs; and
c: drugs that pose a moderate risk of harm are classified as Class C drugs.
4: New sections 4 to 4B substituted
The principal Act is amended by repealing sections 4 4A
4: Amendment of schedules that identify controlled drugs and precursor substances
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend the First Schedule, the Second Schedule, the Third Schedule, and Schedule 4
a: adding the name or description of any substance, preparation, mixture, or article to a schedule; or
b: removing the name or description of any substance, preparation, mixture, or article from a schedule; or
c: moving the name or description of any substance, preparation, mixture, or article from 1 schedule, or Part or clause of a schedule, and inserting that name or description in another schedule, or Part or clause of a schedule.
2: An Order in Council made under subsection (1) section 4A
3: Sections 5 to 10 of the Regulations (Disallowance) Act 1989 subsection (1)
4: The Governor-General may, by Order in Council,—
a: amend the name or description of any substance, preparation, mixture, or article named or described in the First Schedule, the Second Schedule, or the Third Schedule
b: update the First Schedule, the Second Schedule, or the Third Schedule
c: add to, or remove from, Schedule 4
5: No Order in Council may be made under paragraph (a) or paragraph (b) of subsection (4)
4A: Procedure for bringing Order in Council made under
section 4(1)
1: Subject to subsection (2) section 4(1)
2: The commencement order may be made only after the Order in Council made under section 4(1)
3: A resolution of the House of Representatives approving an Order in Council made under section 4(1)
a: the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
b: if the Gazette
4: An Order in Council made under section 4(1)
a: a motion to approve the Order in Council is defeated; or
b: no motion to approve the Order in Council is agreed to within 1 year of its date of making.
4B: Matters to which Minister must have regard before recommending Order in Council under
section 4(1)
1: Before recommending to the Governor-General that an Order in Council be made under section 4(1) drug
a: consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA
b: have regard to the matters set out in subsection (2)
2: The matters that the Minister must have regard to, and on which the Expert Advisory Committee on Drugs must give advice, are—
a: the likelihood or evidence of drug abuse, including such matters as the prevalence of the drug, levels of consumption, drug seizure trends, and the potential appeal to vulnerable populations; and
b: the specific effects of the drug, including pharmacological, psychoactive, and toxicological effects; and
c: the risks, if any, to public health; and
d: the therapeutic value of the drug, if any; and
e: the potential for use of the drug to cause death; and
f: the ability of the drug to create physical or psychological dependence; and
g: the international classification and experience of the drug in other jurisdictions; and
h: any other matters that the Minister considers relevant.
5: New
section 5AA The principal Act is amended by inserting, immediately before section 5A
5AA: Expert Advisory Committee on Drugs
1: The Minister must establish an Expert Advisory Committee on Drugs to advise the Minister on drug classification matters.
2: The functions of the Committee are—
a: to carry out medical and scientific evaluations of controlled drugs, and any other narcotic or psychotropic substances, preparations, mixtures, or articles; and
b: to make recommendations to the Minister about—
i: whether and how controlled drugs or other substances, preparations, mixtures, or articles should be classified; and
ii: the level at which any presumption for supply, as provided for in section 6(6)
c: to increase public awareness of the Committee's work, by (for instance) the timely release of papers, reports, and recommendations.
3: The Committee must comprise—
a: up to 5 people who, between them, have appropriate expertise in—
i: pharmacology:
ii: toxicology:
iii: drug and alcohol treatment:
iv: psychology:
v: community medicine; and
b: up to 3 people employed in the Public Service (as defined in section 27 of the State Sector Act 1988
i: public health:
ii: the appropriateness and safety of pharmaceuticals and their availability to the public:
iii: border control; and
c: 1 member of the police; and
d: 1 person representing the views of consumers of drug treatment services.
4: The Minister must appoint 1 member as chairperson of the Committee.
5: Subsections (2) and (3) of section 5 section 5
6: New
section 5B The principal Act is amended by inserting, after section 5A
5B: Functions of Minister
For the purposes of this Act, the functions of the Minister include the provision and publication of reports, information, and advice concerning the misuse of drugs and the treatment of persons suffering from the misuse of drugs.
7: Dealing with controlled drugs
1: Section 6(6) paragraph (ca)
cb: 5 grams or more of MDMA, MDEA, or MDA, or 100 or more flakes, tablets, capsules, or other drug forms containing any one or more of MDMA, MDEA, or MDA: .
2: Section 6
7: Subsection (6) paragraphs (a) to (e) of that subsection First Schedule, Second Schedule, or Third Schedule
8: Exemptions from
sections 6 7 Section 8(2)
1: a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for one month, and the drug was—
i: lawfully supplied to the person by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981
ii: prescribed by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981
iii: lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition.
9: Treatment of persons dependent on controlled drugs
1: Section 24 subsection (2)
2: A medical practitioner may prescribe, administer, or supply any controlled drug for or to any such person if the medical practitioner—
a: is for the time being a medical practitioner approved by the Minister under subsection (5)(a)
b: is working in a place specified under subsection (5)(b) subsection (5)(a)
c: is acting in the medical practitioner's capacity as a medical officer employed in a place specified under subsection (5)(b)
d: is acting in relation to a particular patient during the period prescribed in, and in accordance with the terms and conditions of, a permission in writing given by an approved medical practitioner (as described in paragraph (a) paragraph (c)
2: Section 24(3) specified approved
3: Section 24 subsection (5)
5: The Minister may from time to time, by notice in the Gazette
a: approve any medical practitioner as a medical practitioner who may, subject to any general or specific conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purpose of this section:
b: specify by name or description any licensed hospital (within the meaning of the Hospitals Act 1957
c: revoke any approval or specification under this section.
10: Schedule 3 PART 2 Part IV Part VI
11: Consequential repeals
The following provisions are repealed:
a: section 2 of the Misuse of Drugs Amendment Act 1982 (1982 No 151)
b: section 3 Misuse of Drugs Amendment Act 1998
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DLM73880
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2000
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Referenda (Postal Voting) Act 2000
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1: Title
This Act is the Referenda (Postal Voting) Act 2000.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
1: In this Act, unless the context otherwise requires,— applicant Part 6 application section 52 citizens initiated referendum
a: that a person promotes under the Citizens Initiated Referenda Act 1993
b: that is specified in an Order in Council made under section 5(b) Clerk of the House court section 6 district Electoral Act 1993 elector Electoral Commission section 4B electoral roll sections 101 103
a: means the forms that the Electoral Commission Electoral Act 1993
b: includes the forms deemed by sections 89C and 89F electorate code give public notice
a: publish a notice in the Gazette
b: issue a press statement government initiated referendum
a: that the New Zealand Government initiates; and
b: that is specified in an Order in Council made under section 5(a) hearing Minister New Zealand Post Limited
a: means the company incorporated under the Companies Act 1993 State-Owned Enterprises Act 1986
b: includes any subsidiary of that company official publicity campaign panel person complained of postal voting preliminary referendum roll section 14(1) processed section 42 proposal section 6(1) question section 11 referendum referendum material referendum roll section 21(1) Registrar of Births and Deaths Births, Deaths, Marriages, and Relationships Registration Act 2021 Registrar of the court respondent response returned Returning Officer
a: means the Returning Officer referred to in section 8(1)
b: includes the Returning Officer's deputy; and
c: includes any person acting under a delegation under section 11(1) Returning Officer's copy of the roll section 24 roll identifier number Electoral Commission supplementary referendum roll section 22(1) voting paper
a: when used in the definition of returned, and in sections 7(3)(b) 39 to 50
b: when used in sections 66 68 74 77 80(1)(c)
i: the detachable part of a voting paper in the prescribed form; or
ii: a voting paper in the prescribed form:
c: when used elsewhere in this Act, means a voting paper in the prescribed form voting period section 30 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: A reference to a numbered form is a reference to the form so numbered in Schedule 1 1997 No 13 s 3 Section 3(1) Chief Registrar repealed 1 July 2012 section 60(2) Electoral (Administration) Amendment Act 2011 Section 3(1) Electoral Commission inserted 1 July 2012 section 60(3) Electoral (Administration) Amendment Act 2011 Section 3(1) electoral roll amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 3(1) electoral roll amended 25 March 2014 section 49 Electoral Amendment Act 2014 Section 3(1) Registrar repealed 21 March 2017 section 114 Electoral Amendment Act 2017 Section 3(1) Registrar of Births and Deaths amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 3(1) Registrar of Births and Deaths amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 3(1) roll identifier number amended 1 July 2012 section 60(4) Electoral (Administration) Amendment Act 2011 Section 3(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
4: Purposes
The purposes of this Act are to—
a: provide for the use of postal voting for government initiated referenda; and
b: provide for the use of postal voting for citizens initiated referenda.
5: Act applies to specified indicative referenda
1: This Act applies if the Governor-General makes an Order in Council—
a: providing that a specified government initiated referendum must be conducted by postal voting; or
b: providing that a specified citizens initiated referendum must be conducted by postal voting.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Voting paper for postal voting
6: Wording of proposals, responses, and questions
1: The wording of each proposal to be put to electors in a government initiated referendum is specified by the Governor-General by Order in Council. The Order in Council must also specify the wording of each response for which electors may vote.
2: The wording of the question to be put to electors in a citizens initiated referendum is the wording of which notice is given under section 13
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Form of voting paper
1: The voting paper used in a government initiated referendum—
a: must have a heading that—
i: begins with the words REFERENDUM ON
ii: states the subject of the referendum; and
b: must have an explanatory note that—
i: has the heading Explanation
ii: explains—
A: the purpose of the voting paper; and
B: the effect of the referendum; and
iii: specifies—
A: the referendum material, if any, accompanying the voting paper that summarises the subject of the referendum; and
B: the title and date of government publications, if any, intended to provide electors with a full description of the subject of the referendum; and
c: must also—
i: set out the proposal and responses worded as specified in an Order in Council made under section 6(1)
ii: set out instructions on how to vote and how to return the voting paper; and
iii: provide a space for electors to indicate the response for which they wish to vote; and
iv: set out the following numbers:
A: the elector's roll identifier number, which must be unique to that elector:
B: the elector's electorate code:
C: the voting paper's number, which must be a number in a consecutive sequence that starts at 1; and
v: be in the prescribed form.
2: The voting paper used in a citizens initiated referendum must be in the form prescribed in section 28 1997 No 13 s 6
3: Officials
8: Returning Officer
1: The Electoral Commission must designate an Electoral Commissioner to be the Returning Officer for a referendum.
2: The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except Part 4
3: The Returning Officer must, as his or her first duty, make a declaration in form 1 1997 No 13 s 7 Section 8(1) substituted 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 8(2) substituted 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010
9: Returning Officer may employ or engage persons
1: The Returning Officer may employ or engage such persons as the Returning Officer considers are required for the purposes of a referendum.
2: A person engaged under subsection (1) may employ or engage such persons as the person considers are required for the purposes of the referendum.
3: Every person employed or engaged under subsection (1) or subsection (2)—
a: is under the direction of the Returning Officer; and
b: must, as the person's first duty, make a declaration in form 1 1997 No 13 s 8
10: Electoral Commission
1: The Electoral Commission is charged with the duty of implementing Part 4
2: For the purposes of implementing Part 4 1997 No 13 s 9 Section 10 replaced 1 July 2012 section 60(5) Electoral (Administration) Amendment Act 2011
11: Delegation by Returning Officer or
Electoral Commission
1: The Returning Officer may, either generally or particularly, delegate any of the Returning Officer's functions, powers, rights, and duties, except this power of delegation, to—
a: any specified person employed or engaged under section 9
b: persons of a specified class employed or engaged under section 9
2: A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.
3: Section 73 section 9 1997 No 13 s 10 Section 11 heading amended 1 July 2012 section 60(6) Electoral (Administration) Amendment Act 2011 Section 11(2) replaced 1 July 2012 section 60(7) Electoral (Administration) Amendment Act 2011 Section 11(3) replaced 1 July 2012 section 60(7) Electoral (Administration) Amendment Act 2011
12: Provisions applying to delegations
1: The provisions of this section apply to a delegation under section 11
2: Subject to any general or particular directions given or conditions imposed from time to time by the maker of the delegation, the delegate may exercise the functions, powers, rights, or duties in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
3: Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
4: A delegation does not affect or prevent the performance or exercise of any function, power, right, or duty by its maker.
5: A delegation continues in force according to its tenor until it is revoked.
6: If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.
7: The maker, or a successor, may revoke the delegation at any time by written notice to the delegate. 1997 No 13 s 11
4: Rolls of electors
Purpose of rolls
13: Purposes of rolls
1: Every preliminary referendum roll printed under section 14(3)
a: it is, for the purposes of the Electoral Act 1993
b: it facilitates the holding of a referendum.
2: The purpose of every unprinted preliminary referendum roll, the referendum roll, and the supplementary referendum roll is to facilitate the holding of a referendum. 1997 No 13 s 12 Preliminary referendum rolls
14: Preliminary referendum rolls
1: The preliminary referendum roll for each district is a list of all persons whose names are lawfully on the electoral roll for the district on a date to be appointed for the closing of the preliminary referendum rolls.
2: The Electoral Commission Gazette
3: The Electoral Commission must print the preliminary referendum roll for each district as soon as practicable after the appointed date.
4: No printed preliminary referendum roll is to list any person whose details are not published or available under the Electoral Act 1993 Electoral Commission section 115 1997 No 13 s 13 Section 14(2) amended 1 July 2012 section 60(8)(a) Electoral (Administration) Amendment Act 2011 Section 14(3) replaced 21 March 2017 section 114 Electoral Amendment Act 2017 Section 14(4) amended 1 July 2012 section 60(8)(a) Electoral (Administration) Amendment Act 2011
15: Form of printed preliminary referendum rolls
1: Although every printed preliminary referendum roll is the main roll for the district, section 106
2: Every printed preliminary referendum roll must show, in alphabetical order of surnames, the following details for each person listed:
a: name:
b: postal address:
c: occupation, if any.
3: The names on each page of every printed preliminary referendum roll must be numbered consecutively, beginning with the number 1 for the first name on each page.
4: The pages of every printed preliminary referendum roll must be numbered consecutively, beginning with the number 1 for the first page. 1997 No 13 s 14
16: Section 110 of the Electoral Act 1993 not to apply to printed preliminary referendum rolls
Although every printed preliminary referendum roll is the main roll for the district, section 110 sections 17 18 1997 No 13 s 15
17: Public inspection of printed preliminary referendum rolls
1: Copies of the printed preliminary referendum roll must be kept at the office of the Electoral Commission for
2: Any person may inspect the printed preliminary referendum roll—
a: at the office of the Electoral Commission for the district
b: without payment; and
c: at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business, until 4 pm on the day before the first day of the voting period.
3: Copies of the printed preliminary referendum roll must also be kept at such other places within the district as the Minister or the Electoral Commission
4: Any person may inspect the printed preliminary referendum roll, without payment, at a place at which it is kept as a result of a direction under subsection (3).
5: Every person holding a copy of a printed preliminary referendum roll as a result of a direction under subsection (3) must return it to the office of the Electoral Commission for
6: The right of inspection conferred by subsections (2) and (4) does not include the rights to copy or purchase the whole or any part of the printed preliminary referendum roll. 1997 No 13 s 16 Section 17(1) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 17(2)(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 17(3) amended 1 July 2012 section 60(8)(b) Electoral (Administration) Amendment Act 2011 Section 17(5) amended 21 March 2017 section 114 Electoral Amendment Act 2017
18: Public use of printed preliminary referendum rolls
1: Any person may use a copy of a printed preliminary referendum roll for the purposes of—
a: checking that persons qualified to be on it are on it:
b: checking that persons not qualified to be on it are not on it:
c: encouraging persons qualified to be on it, whether or not they are, to apply for registration as electors under the Electoral Act 1993
2: A person who wants to use a printed preliminary referendum roll for these purposes must—
a: complete a form, provided by the Electoral Commission
b: state in the form that—
i: the roll is required for the purposes set out in subsection (1); and
ii: the roll will not be used for any other purpose.
3: If a person applies for a copy of a roll and completes the form, the Electoral Commission
4: Every person holding a copy of a printed preliminary referendum roll as a result of an application under subsection (2) must return it to the office of the Electoral Commission
5: The right to use a printed preliminary referendum roll conferred by subsection (1) does not include the right to copy the whole or any part of it. 1997 No 13 s 17 Section 18(2)(a) amended 1 July 2012 section 60(8)(c) Electoral (Administration) Amendment Act 2011 Section 18(3) amended 1 July 2012 section 60(8)(c) Electoral (Administration) Amendment Act 2011 Section 18(4) amended 1 July 2012 section 60(8)(c) Electoral (Administration) Amendment Act 2011
19: Supply of electoral information under Electoral Act 1993
Nothing in this Act prevents the making of a request for electoral information under the following sections of the Electoral Act 1993
a: section 111
b: section 112
c: section 114 Section 19(c) substituted 18 March 2002 section 101(3) Electoral Amendment Act 2002
20: Objections to registration
1: A person registered as an elector under the Electoral Act 1993 Electoral Act 1993
2: An objection must be made before the date appointed for the closing of the referendum roll under section 21(2)
3: Sections 95(2) 95A to 95D 97 1997 No 13 s 18 Referendum roll and supplementary referendum roll
21: Referendum roll
1: The referendum roll is a list of all persons whose names are lawfully on any electoral roll for any district on a date to be appointed for the closing of the referendum roll.
2: The Governor-General must appoint, by Order in Council, the date for the closing of the referendum roll.
3: The Electoral Commission
4: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 19 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 21(3) amended 1 July 2012 section 60(8)(d) Electoral (Administration) Amendment Act 2011 Section 21(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Supplementary referendum roll
1: The supplementary referendum roll is a list of all persons who meet the following criteria:
a: the person's name does not appear on the referendum roll; and
b: the person makes an application, that is received before the commencement of the voting period, under the Electoral Act 1993
c: the person is qualified, at the time of making the application, to be registered as an elector of a district under the Electoral Act 1993
2: For the purposes of subsection (1)(b), an application is received before the commencement of the voting period if—
a: the application, or the envelope in which it is contained, bears a postmark or date stamp impressed at any New Zealand Post Limited outlet or agency before the commencement of the voting period; or
b: the applicant produces a receipt that relates to the application and that was issued by any New Zealand Post Limited outlet or agency before the commencement of the voting period.
3: The Electoral Commission 1997 No 13 s 20 Section 22(3) amended 1 July 2012 section 60(8)(e) Electoral (Administration) Amendment Act 2011
23: Form of referendum roll and supplementary referendum roll
The referendum roll and the supplementary referendum roll must—
a: be in electronic form; and
b: contain the following details for each person listed:
i: full name:
ii: postal address:
iii: occupation, if any:
iv: preferred honorific:
v: date of birth:
vi: electorate code:
vii: roll identifier number. 1997 No 13 s 21
24: Supply of copy of rolls to Returning Officer
At the request of the Returning Officer, the Electoral Commission 1997 No 13 s 22 Section 24 amended 1 July 2012 section 60(8)(f) Electoral (Administration) Amendment Act 2011
25: Persons who qualify to register as electors after close of roll
1: This section applies to every person who—
a: will become qualified, after the close of the roll and before the end of the voting period, to be registered as an elector of a district under the Electoral Act 1993
b: makes an application, that is received before the commencement of the voting period, under the Electoral Act 1993
2: Such a person is entitled—
a: to be listed in the referendum roll or the supplementary referendum roll as an elector of the district; and
b: to be registered as an elector of the district on the day on which the person becomes qualified to be registered, without making any further application.
3: For the purposes of subsection (1)(b), an application is received before the commencement of the voting period if—
a: the application, or the envelope in which it is contained, bears a postmark or date stamp impressed at any New Zealand Post Limited outlet or agency before the commencement of the voting period; or
b: the applicant produces a receipt that relates to the application and that was issued by any New Zealand Post Limited outlet or agency before the commencement of the voting period. 1997 No 13 s 23
26: Persons who, at commencement of voting period, are dead or disqualified or removed from roll
1: The Electoral Commission
2: The first category is every elector—
a: who is dead; and
b: whose death has been notified to the Electoral Commission
i: by any Registrar of Births and Deaths; or
ii: by the father, mother, spouse, civil union partner, or de facto partner of the elector or by a sister or brother of the elector; and
c: of whose identity the Electoral Commission
3: The second category is every elector who is disqualified from registration as an elector under section 80
4: The third category is every elector whose name has been removed from a roll under—
a: section 95B section 96 section 97
b: section 20(3)
5: The Electoral Commission
a: in electronic form; and
b: as soon as practicable after the Electoral Commission
6: The Returning Officer must make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the elector is dead, disqualified, or removed from a roll. 1997 No 13 s 24 Section 26(1) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011 Section 26(2)(b) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 26(2)(b)(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 26(2)(c) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 26(5) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011 Section 26(5)(b) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011
27: Protection of referendum roll and supplementary referendum roll
1: The referendum roll and the supplementary referendum roll must not be printed or made available for purchase or public inspection in any form.
2: Every person who has a copy of the referendum roll or the supplementary referendum roll must, as soon as practicable after the declaration of the result of the referendum under section 49
a: erase from any electronic storage medium held by that person, and delete from any electronic system used by that person, any copy of the whole or any part of the referendum roll and the supplementary referendum roll and any mark made under any of sections 26(6) 34(3)(b) 35(5) 42(2)(b)
b: make a declaration to the Electoral Commission
3: Subsection (2) does not apply to the Returning Officer acting under section 50(1)(b) section 50(2) 1997 No 13 s 25 Section 27(2)(b) amended 1 July 2012 section 60(8)(g) Electoral (Administration) Amendment Act 2011
28: Supply and protection of information used for any official publicity campaign
1: At the request in writing of the panel, the Electoral Commission
2: The information is a list of every person whose name appears on the referendum roll or supplementary referendum roll, except any person whose details are not published or available under the Electoral Act 1993 Electoral Commission section 115
a: full name:
b: postal address:
c: preferred honorific, if any.
3: The panel may supply to any person, for the purposes of a task required for the official publicity campaign, any or all of the information supplied under subsection (1) or the original or a copy of any electronic storage medium on which the information was supplied.
4: As soon as practicable after the conclusion of the official publicity campaign, the panel must—
a: erase from any electronic storage medium held by the panel, and delete from any electronic system used by the panel, any information supplied under subsection (1); and
b: make a declaration to the Electoral Commission
5: As soon as practicable after completing every task for which information was supplied under subsection (3), the person must—
a: erase from any electronic storage medium held by that person, and delete from any electronic system used by that person, any information supplied under subsection (3); and
b: make a declaration to the Electoral Commission 1997 No 13 s 26 Section 28(1) amended 1 July 2012 section 60(8)(h) Electoral (Administration) Amendment Act 2011 Section 28(2) amended 1 July 2012 section 60(8)(h) Electoral (Administration) Amendment Act 2011 Section 28(4)(b) amended 1 July 2012 section 60(8)(h) Electoral (Administration) Amendment Act 2011 Section 28(5)(b) amended 1 July 2012 section 60(8)(h) Electoral (Administration) Amendment Act 2011
5: Conduct of referendum
29: Who may vote
Every elector is qualified to vote at the referendum. 1997 No 13 s 27
30: Voting period
1: The voting period commences at the start of the 21st day before the day appointed under this section for the close of the voting period.
2: The voting period closes at 7 pm on a Friday to be appointed by the Governor-General by Order in Council.
3: The Governor-General may, from time to time, before the commencement of the voting period, by Order in Council,—
a: revoke an Order in Council made under subsection (2) and appoint a later Friday:
b: revoke any Order in Council made under section 21(2)
4: The Governor-General may not make an Order in Council under subsection (3) if, in relation to a citizens initiated referendum,—
a: the House of Representatives has passed a resolution of a kind described in section 22AB(4) or (6)
b: the Governor-General has exercised the power in section 22AB(8)
5: This section is affected by section 22AB
6: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 28 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(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Dispatching voting papers
31: Meaning of dispatched
A voting paper is dispatched by the Returning Officer to an elector when,—
a: if the voting paper is posted under section 33 section 34
b: if the voting paper is faxed under section 35(4)(a)
c: if the relevant parts of the voting paper are dictated under section 35(4)(b) 1997 No 13 s 29
32: Period for dispatching voting papers
The Returning Officer may dispatch voting papers at any time after the start of the voting period but not later than midnight on the day before the voting period ends. 1997 No 13 s 30
33: Dispatching voting papers by post
1: As soon as practicable after the commencement of the voting period, the Returning Officer must post each elector 1 voting paper addressed to the elector at the address shown against the elector's name on the Returning Officer's copy of the roll.
2: In order to carry out his or her duty under subsection (1), the Returning Officer may place voting papers in the custody of New Zealand Post Limited on the day before the first day of the voting period. 1997 No 13 s 31
34: Dispatching replacement voting papers by post
1: An elector may apply to the Returning Officer for a replacement voting paper, on the grounds that he or she has—
a: spoilt, destroyed, or lost his or her voting paper; or
b: not received his or her voting paper.
2: An application must—
a: be made before noon on the fourth to last day of the voting period; and
b: be made in the prescribed manner; and
c: contain the elector's current postal address.
3: If the Returning Officer is satisfied that the person is an elector, the Returning Officer must—
a: post the elector 1 voting paper addressed to the elector at his or her current postal address; and
b: make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the Returning Officer posted a replacement voting paper to the elector; and
c: provide the Electoral Commission 1997 No 13 s 32 Section 34(3)(c) amended 1 July 2012 section 60(8)(i) Electoral (Administration) Amendment Act 2011
35: Dispatching voting papers by fax or dictation
1: A person may apply to the Returning Officer to have the voting paper faxed to him or her, on the grounds that he or she—
a: is an elector; and
b: will be, or is, during the voting period,—
i: on Tokelau, Campbell Island, or Raoul Island; or
ii: in the Ross Dependency; or
iii: on a fishing vessel; or
iv: in some remote location overseas; and
c: will not receive, or has not received, a voting paper posted to him or her at the address shown against his or her name on the Returning Officer's copy of the roll; and
d: cannot reasonably be expected, in all the circumstances, to make, or to have made, his or her own arrangements for the voting paper to be forwarded to him or her; and
e: has access to a fax machine; and
f: consents to the Returning Officer faxing the voting paper to him or her.
2: A person may apply to the Returning Officer to have the relevant parts of the voting paper dictated to him or her, on the grounds that he or she—
a: is an elector; and
b: will be, or is, during the voting period,—
i: on Tokelau, Campbell Island, or Raoul Island; or
ii: in the Ross Dependency; or
iii: on a fishing vessel; and
c: will not receive, or has not received, a voting paper posted to him or her at the address shown against his or her name on the Returning Officer's copy of the roll; and
d: cannot reasonably be expected, in all the circumstances, to make, or to have made, his or her own arrangements for the voting paper to be forwarded to him or her; and
e: does not have access to a fax machine; and
f: consents to the Returning Officer dictating the relevant parts of the voting paper to him or her.
3: An application under this section must—
a: be made before noon on the third to last day of the voting period; and
b: be made in the prescribed manner.
4: If the Returning Officer is satisfied that subsection (1) or subsection (2) applies to an elector, the Returning Officer may, in accordance with regulations made under this Act, if any,—
a: fax the voting paper to the elector; or
b: dictate the relevant parts of the voting paper to the elector.
5: The Returning Officer must make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the voting paper has been faxed, or its relevant parts dictated, to the elector under subsection (4). 1997 No 13 s 33
36: Envelopes and information accompanying voting papers
1: When the Returning Officer posts a voting paper under section 33 section 34
a: a postage-paid envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address in New Zealand; or
b: an envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address outside New Zealand.
2: When the Returning Officer posts under section 33 section 34 section 35(4)(a)
a: must post or fax with it a copy of the referendum material, if any; and
b: may post or fax with it information, in any language or languages, on how to vote and how to return the voting paper. 1997 No 13 s 34
37: Extension of voting period
1: The Returning Officer may extend the voting period if he or she is of the opinion that industrial action, natural disaster, adverse weather conditions, or any other thing has had, or will have, the effect of—
a: delaying the dispatch of voting papers so much that electors have not had, or will not have, a reasonable opportunity to vote and return their voting papers before the close of the voting period; or
b: delaying the return of voting papers so much that voting papers that would otherwise have been returned before the close of the voting period will not be returned by that time.
2: An extension may apply to—
a: the whole of New Zealand; or
b: an area or areas of New Zealand; or
c: any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency.
3: The Returning Officer may extend the voting period as many times as he or she thinks necessary. Each extension is to be for the period the Returning Officer thinks necessary, up to a maximum of 14 days.
4: As soon as practicable, the Returning Officer must give—
a: public notice of every extension of the voting period; and
b: such other notice of the extension as he or she thinks fit.
5: Subsection (6) applies even though the Returning Officer extends the voting period in relation to—
a: an area or areas of New Zealand; or
b: any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency.
6: The Returning Officer may, after the voting period has closed in the rest of New Zealand, from time to time give public notice of the results of voting in the whole or part of the rest of New Zealand. 1997 No 13 s 35 Marking and returning voting papers
38: Method of voting
1: The elector votes by marking the voting paper with a tick within the space provided for the response for which the elector wishes to vote.
2: The voting paper may be marked in the manner described in subsection (3) if an elector—
a: is visually impaired; or
b: is unable to read or write for any reason; or
c: is not sufficiently familiar with any language or languages used on the voting paper to vote without assistance.
3: The manner is—
a: by the elector, with the assistance of a person authorised by the elector; or
b: by a person authorised by the elector, in accordance with the elector's instructions.
4: An elector to whom the Returning Officer has dictated the relevant parts of the voting paper under section 35(4)(b) 1997 No 13 s 36
39: Return of voting papers to Returning Officer
1: An elector to whom a voting paper was faxed under section 35(4)(a)
2: Any other elector may return the voting paper by—
a: delivering it by hand to the office of the Returning Officer; or
b: posting it to the office of the Returning Officer.
3: The voting paper may be, but does not have to be, enclosed in an envelope addressed to the Returning Officer.
4: An elector to whom section 38(2)
a: assist the elector to comply with subsection (1); or
b: comply with that subsection on behalf of the elector.
5: When an elector votes in accordance with section 38(4) 1997 No 13 s 37
40: Times for return of voting papers
1: A voting paper returned by post, or by hand, or by fax must be returned before 7 pm on the last day of the voting period.
2: However, a voting paper may be returned by post after the last day of the voting period as long as—
a: it is returned before noon on the fourth day after the last day of the voting period; and
b: it bears a postmark or date stamp, either on its envelope (if any) or on the voting paper itself, that was impressed—
i: on a day during the voting period, by a postal operator registered under section 27
ii: before or on the second to last day of the voting period, in any country outside of New Zealand.
3: A voting paper returned under section 39(4) 1997 No 13 s 38
41: Voting papers returned late
If any voting papers or envelopes containing voting papers are returned, but not in accordance with section 40
a: enclose them in 1 or more parcels; and
b: seal each parcel and mark it Disallowed, received late 1997 No 13 s 39 Progressive processing of voting papers
42: Processing of voting papers
1: As soon as practicable after any voting paper is returned in accordance with section 40
2: The Returning Officer must, in a manner that preserves the secrecy of the vote,—
a: if the voting paper is in an envelope, extract the voting paper; and
b: make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the voting paper dispatched to that elector has been returned; and
c: if the voting paper is valid, record the elector's vote as marked or as informal; and
d: if the voting paper is invalid, record the voting paper as invalid and the reasons for its invalidity; and
e: place the voting paper in secure storage under the control of the Returning Officer.
3: The Returning Officer may carry out the duties in subsection (2) by any method and procedure he or she thinks fit, including the use of computer technology. 1997 No 13 s 40
43: Informal voting papers
A voting paper is informal if the Returning Officer is satisfied that the voting paper does not clearly indicate the response for which the elector wished to vote. 1997 No 13 s 41
44: Invalid voting papers
A voting paper is invalid if the Returning Officer is satisfied that the voting paper—
a: is a forgery or a copy; or
b: was dispatched by the Returning Officer to a person whose roll identifier number was supplied to the Returning Officer under section 26
c: was posted to an elector under section 33
i: a voting paper was also posted under section 34 section 35(4)(a)
ii: the relevant parts of the voting paper were also dictated to the elector under section 35(4)(b)
d: was marked by a person other than—
i: the elector intended to receive the voting paper; or
ii: if section 38(2)
iii: if section 38(4)
e: was marked in breach of section 74(2) section 75(1)
f: was not returned in accordance with section 40
g: if returned by fax, is not a true copy of the original voting paper marked by the elector; or
h: is damaged in such a way as to prevent it being processed. 1997 No 13 s 42
45: Protection of secrecy during processing
1: The Returning Officer must ensure that—
a: the processing of voting papers is conducted at the office of the Returning Officer or in premises authorised by the Returning Officer; and
b: when the office of the Returning Officer or any other premises are being used for the processing of voting papers, a sign is placed outside the office or premises stating that this is the case and that entry is prohibited without the express authorisation of the Returning Officer; and
c: no person, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign is in place.
2: The Returning Officer must take all reasonable steps to ensure the safe custody of all returned voting papers until they have been sent to the Clerk of the House under section 50
3: Despite section 46(1) 1997 No 13 s 43(1)(a)–(c), (2)
46: Publicity during processing
1: The Returning Officer must ensure that the result of voting is not calculated, whether partially or finally, before 7 pm on the last day of the voting period.
2: Despite subsection (1), the Returning Officer may from time to time during the voting period issue a press statement giving the total number of votes received at a date specified in the statement, but not the number of votes received for each response. 1997 No 13 s 43(1)(d)
47: Supervision of processing
1: In this section,— duty Judge Justice place
2: After consultation with the Chief District Court Judge, the Minister must appoint as many District Court Judges or retired District Court Judges to observe the processing of voting papers as the Minister considers necessary.
3: The Minister may also appoint as many Justices of the Peace to observe the processing of voting papers as the Minister considers necessary.
4: A Justice—
a: is subject, in the exercise of his or her duty, to the direction of any Judge who is present at the place; but
b: may exercise his or her duty whether or not any Judge is present at the place.
5: A Judge must finally determine whether or not any voting paper is valid or informal, if asked to do so by the Returning Officer.
6: A Justice must not finally determine whether or not any voting paper is valid or informal. 1997 No 13 s 44 Announcing results
48: Procedure after close of voting period
As soon as practicable after 7 pm on the last day of the voting period, the Returning Officer must—
a: calculate the number of votes received for each response from the voting papers processed as at 7 pm on the last day of the voting period; and
b: issue a press statement giving the numbers; and
c: complete the processing of voting papers returned in accordance with section 40 1997 No 13 s 45
49: Declaration of result of referendum
When all the voting papers returned in accordance with section 40
a: calculate the total number of votes received for each response; and
b: declare the result of the referendum by giving public notice of it in form 2
c: give public notice of the following for each district:
i: the votes received for each response; and
ii: the number of informal votes. 1997 No 13 s 46
50: Disposal of voting papers and rolls
1: As soon as practicable after declaring the result of the referendum, the Returning Officer must—
a: enclose and securely seal in 1 or more separate parcels—
i: all returned voting papers, used or unused; and
ii: the record of informal and invalid voting papers; and
iii: the Returning Officer's copy of the roll; and
b: send the parcels to the Clerk of the House.
2: The Clerk of the House must,—
a: as soon as practicable, sign a receipt for the parcels and send it to the Returning Officer; and
b: keep the parcels safely for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened; and
c: ensure that at the end of 6 months the parcels are destroyed unopened in the presence of the Clerk of the House.
3: Section 190 1997 No 13 s 47 Advertising
51: Advertisers to be identified
1: This section does not apply to an advertisement—
a: relating to any aspect of a referendum; and
b: published or broadcast by—
i: the panel; or
ii: the Returning Officer; or
iii: the Electoral Commission
c: containing a statement or symbol indicating that the advertisement has been authorised by one of those persons.
2: This section does not apply to the publication or broadcast of any news or comments relating to any aspect of a referendum.
3: A person who publishes or broadcasts an advertisement relating to any aspect of a referendum must include in the advertisement a statement setting out the true name of the person who commissioned it and that person's postal address. Section 51(1)(b)(iii) amended 1 July 2012 section 60(8)(j) Electoral (Administration) Amendment Act 2011
6: Application for inquiry into conduct of referendum
Applicants
52: Who may be applicants
1: Any group of electors dissatisfied with the result of a referendum may apply to the High Court for an inquiry into the conduct of the referendum or of any person connected with it.
2: A group may make an application only if it has at least 200 members. 1993 No 101 s 48(1) Respondents
53: Who may be respondents
1: Any group of electors may file notice of its intention to oppose an application, if there is only 1, or to oppose specified applications, if there are more than 1.
2: A group may file such a notice only if it has at least 24 members.
3: The notice must be in the prescribed form.
4: Such a notice must be filed at least 3 working days before the day fixed for the start of the hearing.
5: A group filing such a notice within that time becomes a respondent to the application or applications. 1993 No 101 s 49
54: Who may be respondents
The person complained of is a respondent to the application if the person is—
a: the Returning Officer; or
b: a person employed or engaged under section 9
c: the Electoral Commission
d: an employee of New Zealand Post Limited; or
e: a person acting under a delegation under section 11 1993 No 101 s 48(2) Section 54(c) amended 1 July 2012 section 60(8)(k) Electoral (Administration) Amendment Act 2011 Making of application
55: Application form
1: The application must be in form 3
2: The application must state the specific grounds on which the applicant is dissatisfied with the result of the referendum. 1993 No 101 s 48(3), (4)
56: Application to be filed in Wellington High Court
An applicant makes its application by filing the application in the High Court in Wellington. 1993 No 101 s 48(4)
57: Time for making application
An applicant must make its application within 20 working days after the Returning Officer has declared the result of the referendum under section 49(b) 1993 No 101 s 48(1)
58: Application to be sent to Returning Officer
The Registrar of the court must send a copy of the application to the Returning Officer as soon as practicable after it is filed. 1993 No 101 s 48(4)
59: Application to be served on respondents
1: An application must be served on a group that becomes a respondent under section 53
2: An application that asks for an inquiry into the conduct of a person connected with the referendum must be served on the person complained of as soon as practicable after it is made.
3: An application must be served in a manner as close as possible to that in which a statement of claim is served. 1993 No 101 s 48(5) Hearing of application
60: Matters to be inquired into at hearing
1: At the hearing, the court has jurisdiction to inquire into and adjudicate on any matter relating to the application in any manner that the court thinks fit.
2: The court may give leave for grounds other than those stated in the application to be inquired into. The leave may be given on any terms and conditions that the court considers just.
3: Evidence may be given to prove that the total number of valid votes recorded for each of the 2 answers to the precise question was other than that declared, without any applicant having to state that as a ground of dissatisfaction or the court having to give leave for that ground to be inquired into.
4: The sections of the Electoral Act 1993
5: The sections of the Electoral Act 1993 sections 232 to 234 235 236(1), (2), (4) to (7) 240 241 242 247 to 255 256(1)(a) and (b) 257 1993 No 101 s 48(3) Court's decision
61: Decision of court as to result of referendum
At the end of a hearing, the court must do one of the following:
a: it must determine the total number of valid votes recorded for each response; or
b: it must determine whether the referendum is void because of some irregularity that in the court's opinion materially affected the result of the referendum. 1993 No 101 s 50
62: Fresh referendum
1: If the court declares a referendum void under section 61
2: The Registrar of the court must notify the Returning Officer that the referendum has been declared void.
3: Despite section 30
4: The voting period for a fresh referendum closes at 7 pm on a Friday to be appointed by the Returning Officer by notice in the Gazette
5: At the fresh referendum the same roll of electors must be used as was used at the voided referendum. 1993 No 101 s 51
7: Offences
63: Officials
1: This section applies to the following persons:
a: the Returning Officer:
b: any person employed or engaged under section 9
c: the Electoral Commission
d: any employee of New Zealand Post Limited:
e: any person acting under a delegation under section 11
2: Every such person commits an offence if the person uses or discloses information acquired in connection with the referendum by that person in the capacity described in subsection (1), knowing that the use or disclosure is not required or permitted for the performance of that person's official duty.
3: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 49 Section 63(1)(c) amended 1 July 2012 section 60(8)(l) Electoral (Administration) Amendment Act 2011
64: Rolls
1: Every person commits an offence and is liable on
a: who removes a copy of a printed preliminary referendum roll from any place where it is kept under section 17(1) or (3) Electoral Commission
b: who fails, without reasonable excuse, to comply with section 17(5)
c: who fails, without reasonable excuse, to comply with section 18(4)
2: Every person commits an offence and is liable on
a: who knowingly copies the whole or any part of a copy of a printed preliminary referendum roll; or
b: who knowingly supplies or receives the whole or any part of a copy of a printed preliminary referendum roll, except for the purposes of section 17(3) section 18(3)
c: who knowingly uses the whole or any part of a copy of a printed preliminary referendum roll, except for the purposes of—
i: checking that persons qualified to be on it are on it:
ii: checking that persons not qualified to be on it are not on it:
iii: encouraging persons qualified to be on it, whether or not they are, to apply for registration as electors under the Electoral Act 1993
d: who fails, without reasonable excuse, to comply with section 27(2)
3: Every person commits an offence and is liable on
a: the whole or any part of an unprinted preliminary referendum roll, the referendum roll, or the supplementary referendum roll, including any mark made under any of sections 26(6) 34(3)(b) 35(5) 42(2)(b)
b: the whole or any part of any copy of an unprinted preliminary referendum roll, the referendum roll, or the supplementary referendum roll, including any mark made under any of sections 26(6) 34(3)(b) 35(5) 42(2)(b) 1997 No 13 s 50 Section 64(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(1)(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 64(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65: Official publicity campaign
1: Every person who knowingly copies, supplies, receives, or uses any information supplied under section 28(1) or (3)
2: Every person who fails, without reasonable excuse, to comply with section 28(4) or (5) 1997 No 13 s 51 Section 65(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
66: Influencing electors generally
1: This section applies to any person who, at any time during the 3 days immediately before the commencement of the voting period or during the voting period, prints or distributes or delivers to any person anything—
a: that is or purports to be an imitation of the voting paper, together with any direction or indication as to the response for which any person should or should not vote; or
b: that is or purports to be an imitation of the voting paper and that has on it any matter likely to influence any vote.
2: Every such person commits an offence and is liable on
3: Nothing in this section applies to anything said or done—
a: for the purposes of the official publicity campaign; or
b: for the purposes of the referendum, by—
i: the Returning Officer; or
ii: a person employed or engaged under section 9
iii: a person acting under a delegation under section 11 1997 No 13 s 52 Section 66(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
67: Advertisers
Every person to whom section 51 1997 No 13 s 53 Section 67 amended 1 July 2013 section 413 Criminal Procedure Act 2011
68: Voting papers
1: Every person commits an offence who—
a: forges, or counterfeits, or fraudulently defaces, or fraudulently destroys a voting paper or an envelope containing a voting paper; or
b: supplies a voting paper to any person knowing that the person is not the person intended to receive the voting paper; or
c: dictates the relevant parts of the voting paper to a person, knowing that the person is not the person to whom the parts were intended to be dictated; or
d: without due authority, destroys, takes, or interferes with a voting paper or an envelope containing a voting paper—
i: in use for the purposes of the referendum; or
ii: kept after the declaration of the result as a record of the referendum.
2: Every person who commits an offence against this section is liable on conviction
a: if the Returning Officer, or any person employed or engaged under section 9 section 11
b: if any other person, to imprisonment for a term not exceeding 6 months.
3: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 54 Section 68(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
69: Bribery by any person at any time
1: In this section,—
a: references to an elector include a person who claims to have a right to vote at a referendum:
b: references to giving money include the following actions in relation to any money or valuable consideration:
i: giving it; or
ii: lending it; or
iii: agreeing to give or lend it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it:
c: references to getting any office include the following actions in relation to any office, place, or employment:
i: giving it; or
ii: getting it; or
iii: agreeing to give or get it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it.
2: This section does not apply to money paid, or agreed to be paid, for or on account of any legal expenses incurred in good faith at or concerning a referendum.
3: Every person commits the offence of bribery who—
a: gives any money to, or gets any office for, an elector in order to induce the elector to vote or refrain from voting at the referendum; or
b: gives any money to, or gets any office for, a person, on behalf of an elector, in order to induce the elector to vote or refrain from voting at the referendum; or
c: gives any money to, or gets any office for, a person in order to induce an elector to vote or refrain from voting at the referendum; or
d: corruptly does an act described in any of paragraphs (a) to (c) on account of an elector having voted or refrained from voting at the referendum; or
e: makes a gift to, or gets an office for, a person in order to induce that person to get, or try to get, the vote of any elector at the referendum.
4: A person commits the offence described in subsection (3) whether he or she does the act described there—
a: directly or indirectly:
b: on his or her own or through another person.
5: Every person commits the offence of bribery who—
a: offers or pays or causes to be paid any money to, or for the use of, any other person intending that the money or part of it will be expended in bribery at a referendum; or
b: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery at a referendum.
6: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 ss 55(1), (4), (5) 56
70: Bribery by any person after voting period
1: Every person commits the offence of bribery if, after the voting period, he or she receives any money or valuable consideration on account of—
a: any person having voted or refrained from voting at the referendum; or
b: any person having induced any other person to vote or refrain from voting at the referendum.
2: A person commits the offence described in subsection (1) whether he or she does the act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 55(4), (5)
71: Bribery by elector before or during voting period
1: In this section, elector
2: An elector commits the offence of bribery if he or she receives, or agrees to receive, or contracts for, any money, gift, loan, valuable consideration, office, place, or employment for himself or herself, or for any other person, for—
a: voting or agreeing to vote at the referendum; or
b: refraining or agreeing to refrain from voting at the referendum.
3: An elector commits the offence described in subsection (2) whether he or she does the act described there—
a: before or during the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
4: Every elector who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 ss 55(3), (5) 56
72: Treating
1: Every person commits the offence of treating who corruptly gives or provides, or pays wholly or partly the cost of giving or providing, any food, drink, entertainment, or provision to or for any person—
a: for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at a referendum; or
b: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does the act described there—
a: before, during, or after the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
3: Every person who is the holder of a licence for the retail sale of alcohol Sale and Supply of Alcohol Act 2012
a: to any person when the supply is demanded for the purpose of treating; or
b: to any persons, whether electors or not, for the purpose of getting votes for any response, and without receiving payment for it at the time when it is supplied.
4: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.
5: Every person who commits the offence of treating is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 57 Section 72(3) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
73: Undue influence
1: Every person commits the offence of undue influence who makes use of, or threatens to make use of, any force, violence, or restraint upon or against any person—
a: in order to induce or compel that person to vote for any response; or
b: on account of that person having voted for any response; or
c: on account of that person having voted or refrained from voting at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does an act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person commits the offence of undue influence who, by abduction, duress, or any fraudulent device or means,—
a: impedes or prevents the free exercise of the vote of any elector at a referendum; or
b: compels, induces, or prevails upon any elector either to vote or to refrain from voting at a referendum.
4: Every person who commits the offence of undue influence is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 58
74: Voting
1: Every person commits an offence and is liable on
a: is present in accordance with section 38(3)
b: communicates at any time to any person any information obtained as to the response for which the voter is about to vote or has voted.
2: Every person commits an offence and is liable on
a: who—
i: is authorised by a voter to mark the voting paper under section 38(3)(b)
ii: is the Returning Officer or a person acting under a delegation under section 11(1) section 38(4)
b: who does not mark the voting paper in accordance with the voter's instructions.
3: Every person who, except for a lawful purpose, interferes with or attempts to interfere with a voter marking his or her voting paper at the referendum commits an offence and is liable on 1997 No 13 s 59 Section 74(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
75: Personation
1: Every person commits the offence of personation who—
a: marks any voting paper knowing that he or she is not the person intended to receive the voting paper; or
b: dictates a vote knowing that he or she is not the person to whom the relevant parts of the voting paper were intended to be dictated; or
c: having returned a voting paper, returns another voting paper with the intention of returning an additional valid voting paper, whether or not any voting paper he or she returns is valid.
2: If the Returning Officer believes that any person has committed an offence against this section, the Returning Officer must report the facts on which that belief is based to the Police.
3: Every person who commits, or aids, abets, counsels, or procures the commission of, the offence of personation is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 60
76: Processing
1: Every person who, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign referred to in section 45(1)(b)
2: If the Returning Officer, or a person acting under a delegation under section 11(1) section 45(2)
3: Every person commits an offence who is present at the processing of voting papers and—
a: fails to maintain and aid in maintaining the secrecy of the voting; or
b: communicates any information obtained at the processing of voting papers as to the response for which any vote is given in any particular voting paper.
4: Every person who commits an offence against subsection (3) is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 61 Section 76(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 76(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous
77: Property may be stated as being in Returning Officer
In any prosecution for an offence in relation to any voting paper or any envelope containing any voting paper, the property in the voting paper or envelope may be stated as being in the Returning Officer. 1997 No 13 s 62
8: Miscellaneous provisions
78: Validation of irregularities
1: In the circumstances described in subsection (2), the Governor-General may, by Order in Council, do any of the things described in subsection (3).
2: The circumstances are—
a: if anything is omitted to be done at the time required by or under this Act; or
b: if anything cannot be done at the time required by or under this Act; or
c: if anything is done before or after the time required by or under this Act; or
d: if anything is otherwise irregularly done in matter of form; or
e: if sufficient provision for something that needs to be done is not made by or under this Act.
3: The things are—
a: at any time before or after the time within which the thing is required to be done, to extend that time; or
b: to validate anything done before or after the time required; or
c: to validate anything irregularly done in matter of form; or
d: to make such other provision for the case as the Governor-General thinks fit.
4: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 63 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 78(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
79: Two or more referenda
Two or more referenda may be held during the same voting period or during overlapping voting periods.
80: Regulations and rules
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms for the purposes of this Act:
b: prescribing the manner in which an application for a replacement voting paper must be made:
c: providing for the faxing of voting papers under section 35(4)(a)
d: providing for the dictation of the relevant parts of voting papers under section 35(4)(b) section 38(4)
e: applying, with or without modifications, for the purposes of this Act, the provisions of the Electoral Act 1993
f: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Rules of court may be made in the manner prescribed by the Senior Courts Act 2016
3: Regulations under subsection (1) are secondary legislation ( see Part 3 1997 No 13 s 65 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 80(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 80(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Enactments amended
The enactments specified in Schedule 2 1997 No 13 s 64
9: Amendments to Citizens Initiated Referenda Act 1993
82: Part to be part of the Citizens Initiated Referenda Act 1993
This Part is part of the Citizens Initiated Referenda Act 1993 the principal Act
83: Interpretation
Amendment(s) incorporated in the Act(s)
84: Part heading substituted
Amendment(s) incorporated in the Act(s)
85: Prohibitions
Amendment(s) incorporated in the Act(s)
86: New sections 22 to 22AB substituted
Amendment(s) incorporated in the Act(s)
87: Part heading substituted
Amendment(s) incorporated in the Act(s)
88: New sections 24 to 26C substituted
Amendment(s) incorporated in the Act(s)
89: Endorsement and return of the writ
Amendment(s) incorporated in the Act(s)
90: New sections 40 and 40AA substituted
Amendment(s) incorporated in the Act(s)
91: New Part heading substituted
Amendment(s) incorporated in the Act(s)
92: Publicity for indicative referendum
Amendment(s) incorporated in the Act(s)
93: Returns in relation to advertisements
Amendment(s) incorporated in the Act(s)
94: Duty of Chief Electoral Officer
Section 94 repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
95: Return to be open for public inspection
Section 95 repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
96: Part heading substituted
Amendment(s) incorporated in the Act(s)
97: New headings and sections 48 to 51G substituted
Amendment(s) incorporated in the Act(s)
98: New Part heading substituted
Amendment(s) incorporated in the Act(s)
99: Part heading substituted
Amendment(s) incorporated in the Act(s)
100: New section 55 substituted
Amendment(s) incorporated in the Act(s)
101: New section 58A inserted
Amendment(s) incorporated in the Act(s)
102: Schedule amended
1:
2: Amendment(s) incorporated in the Act(s) Section 102(1) repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
103: Consequential repeals
Amendment(s) incorporated in the Act(s).
|
DLM75083
|
2000
|
Adoption Amendment Act 2000
|
1: Title
1: This Act is the Adoption Amendment Act 2000.
2: In this Act, the Adoption Act 1955 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Inspection of adoption records
1: Section 23 subsection (2)
2A: Adoption records are open to inspection by a Social Worker for the purpose of preparing a report required under section 23A(1)
2: Section 23(3)(a) subsection (1) or subsection (2) subsections (1), (2), or (2A)
4: New section 23A inserted
The principal Act is amended by inserting, after section 23
23A: Report on application for inspection
1: A Court may require a Social Worker to prepare a report following an application for an order under section 23(3)(b) subparagraph (iii) of that paragraph any other special ground
2: A Social Worker preparing a report required under subsection (1)
a: may consider any information obtained for the purpose, including information in the adoption records concerned and the application for the order; but
b: may not consider information relating to any party to the adoption or application that was obtained by the Department before the application was made.
|
DLM75094
|
2000
|
Agricultural Compounds and Veterinary Medicines Amendment Act 2000
|
1: Title
1: This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2000.
2: In this Act, the Agricultural Compounds and Veterinary Medicines Act 1997 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 6 7 The principal Act is amended by repealing sections 6 7
6: Agricultural compound clearance
1: In this section and section 7 goods
a: an agricultural compound:
b: a substance:
c: a mixture of substances:
d: a biological compound.
2: An inspector may give a clearance for entry into New Zealand for any goods if the circumstances described in subsection (3)
3: The circumstances are—
a: that—
i: the goods are goods that the importer has declared, under section 7
ii: the goods are a registered trade name product, and the product complies with the conditions imposed on its registration under section 23 section 27
iii: the goods are an agricultural compound and are exempt from registration as a trade name product by regulations made under section 75
iv: the goods are an agricultural compound that complies with Part 8
b: that there are no discrepancies that suggest that it may be unwise to rely on the documentation accompanying the goods, either—
i: in the documentation itself; or
ii: between the documentation and the goods.
4: A clearance for entry into New Zealand given under this section does not affect the provisions of any other Act.
7: Declaration
The importer of any goods may, for the purposes of section 6(3)(a)(i)
4: Decision on application for provisional registration
1: Section 27 subsection (2)
2: The Director-General must provisionally register the trade name product if—
a: the provisional registration will enable the product's use—
i: for the purpose of obtaining further information on it in order to determine whether it should be registered under section 21
ii: in research that does not have as a purpose the registration of the product in New Zealand; and
b: in the Director-General's opinion, the risks of using the product can be adequately managed by imposing conditions on the provisional registration that—
i: ensure that neither the product nor any animals, plants, or primary produce to which it has been applied or exposed are sold, released, or used in any way for purposes other than those for which the provisional registration is granted; and
ii: ensure that the product and any animals, plants, or primary produce to which it has been applied or exposed are disposed of in a way that minimises the risks from it.
2: Section 27(5) subsection 2(a) and (b) the provisional registration
5: Offences
Section 55(2)(a) an inspector or authorised person the Director-General or an inspector or an authorised person
6: Appointment of inspectors
Section 60(2) certificate instrument
7: Appointment of authorised persons
1: Section 61(1) certificates instruments
2: Section 61(2) certificate instrument
8: Appointment of accredited persons
Section 62(2) certificate of appointment instrument of accreditation
|
DLM75711
|
2000
|
Animal Welfare Amendment Act 2000
|
1: Title
1: This Act is the Animal Welfare Amendment Act 2000.
2: In this Act, the Animal Welfare Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) paragraph (a) trap mechanical or adhesive
|
DLM75720
|
2000
|
Arbitration (International Investment Disputes) Amendment Act 2000
|
1: Title
1: This Act is the Arbitration (International Investment Disputes) Amendment Act 2000.
2: In this Act, the Arbitration (International Investment Disputes) Act 1979 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 3 to 10 The principal Act is amended by repealing sections 3 to 10
3: Act binds the Crown
This Act binds the Crown.
3A: Application of Convention to New Zealand
Articles 18 and 20 to 24 and chapters II to VII of the Convention
4: Recognition and enforcement of awards
1: An award may be enforced by entry as a final judgment of the High Court in terms of the award.
2: The High Court is designated for the purposes of Article 54 of the Convention
4A: Certificates concerning parties to Convention
1: The Secretary of Foreign Affairs and Trade may certify that a State is, or was at the time specified, a Contracting State to the Convention.
2: The certificate may state that the Convention does not apply to any territories for whose international relations the Contracting State has responsibility.
3: The certificate—
a: is, in the absence of proof to the contrary, sufficient proof of the matters stated in it; and
b: must be received in evidence in any relevant proceedings.
9: Arbitration Act 1996 Nothing in the Arbitration Act 1996
10: Waiver of Centre's immunity
For the purposes of Articles 20 and 21 of the Convention
a: is, in the absence of proof to the contrary, sufficient proof of the matters stated in it; and
b: must be received in evidence in any relevant proceedings.
|
DLM75735
|
2000
|
Arms Amendment Act 2000
|
1: Title
1: This Act is the Arms Amendment Act 2000.
2: In this Act, the Arms Act 1983 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Act to bind the Crown
Section 3(2) paragraph (a)
a: by any person in the course of that person's duties as—
i: a member of the New Zealand Defence Force or a member of the Cadet Forces; or
ii: a member of the police or an armourer employed by the police; or
iii: a person employed by the police to provide firearms training to members of the police; or
iv: an officer as defined by section 4 of the Anti-Personnel Mines Prohibition Act 1998
v: a person authorised by the Commissioner to provide training to members of the police in the use of a restricted weapon that is a gas or some other disabling substance, or a device designed to discharge such a substance; or
vi: an employee of the body that, immediately before the commencement of the Arms Amendment Act 2000 was known as the Institute of Environmental Science and Research Ltd; or
vii: a person working in any forensic laboratory or facility that provides forensic services to the Police: .
4: Duration of firearms licence
Section 25 subsections (2) (3)
2: Despite subsection (1)
3: If a licence has been granted subject to a condition referred to in subsection (2)
5: Regulations
Section 74(1) paragraph (j)
j: making provision for the security of premises at which any firearm or class of firearm is kept, and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, restricted weapons, ammunition, and explosives in the possession of any person or class of persons: .
|
DLM75746
|
2000
|
Births, Deaths, and Marriages Registration Amendment Act 2000
|
1: Title
1: This Act is the Births, Deaths, and Marriages Registration Amendment Act 2000.
2: In this Act, the Births, Deaths, and Marriages Registration Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2 funeral director give a doctor's certificate
2: Section 38
a: by omitting from subsection (1) the words complete a doctor's certificate in respect of the death of any give a doctor's certificate for the death of a
b: by omitting from subsection (2) the words shall not issue a certificate under subsection (1) of this section must not give a doctor's certificate under subsection (1)
4: New section 37 substituted
The principal Act is amended by repealing section 37
37: Medical certificates in relation to illness
1: If a person dies after an illness,—
a: a doctor who attended the person during the illness must, if (and only if) satisfied that the person's death was a natural consequence of the illness, give a doctor's certificate for the death immediately after the doctor learns of the death; and
b: a doctor other than a doctor who attended the person during the illness may give a doctor's certificate for the death if (and only if) satisfied that the person's death was a natural consequence of the illness and that—
i: the doctor who last attended the person during the illness is unavailable; or
ii: less than 24 hours has passed since the death, and the doctor who last attended the person during the illness is unlikely to be able to give a doctor's certificate for the death within 24 hours after the death; or
iii: 24 hours or a longer period has passed since the death, and the doctor who last attended the person during the illness has not given a doctor's certificate for the death.
2: Subparagraphs (ii) and (iii) of subsection (1)(b) do not apply if the doctor who last attended the person during the illness has refused to give a doctor's certificate for the death because that doctor was not satisfied, or was not yet satisfied, that the death was a natural consequence of the illness.
3: If a death is required to be reported to a coroner under paragraph (a), or any of paragraphs (c) to (j), of section 4 of the Coroners Act 1988, or has been reported to a coroner under that Act, a doctor must not give a doctor's certificate for the death under subsection (1) unless a coroner has decided not to hold an inquest into the death.
4: A doctor who must give a doctor's certificate under subsection (1)(a) but knows that since he or she attended the person concerned some other doctor attended the person must not give the certificate without taking all reasonable steps to consult the other doctor.
5: A doctor must not give a doctor's certificate for a death under subsection (1)(b) unless the doctor has—
a: had regard to the medical records relating to the person concerned of the doctor who last attended the person during the illness; and
b: had regard to the circumstances of the person's death; and
c: examined the person's body.
|
DLM75759
|
2000
|
Burial and Cremation Amendment Act 2000
|
1: Title
1: This Act is the Burial and Cremation Amendment Act 2000.
2: In this Act, the Burial and Cremation Act 1964 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 45A to 45D The principal Act is amended by inserting, after section 45
45A: Minister may reopen closed cemeteries and burial grounds
1: The Minister may, by notice in the Gazette
a: the cemetery or burial ground should be reopened; and
b: the local authority has consulted the appropriate persons or organisations; and
c: the reopening complies with the Resource Management Act 1991
2: The reopening order must specify—
a: the cemetery or burial ground to be reopened; and
b: the date that the cemetery or burial ground may reopen, not being more than 6 months from the date of publication of the order; and
c: any exceptions or qualifications that the Minister has imposed on the reopened cemetery or burial ground; and
d: the individual, body corporate, or local authority who has or will have control and management of the reopened cemetery or burial ground.
3: The Minister may, by notice in the Gazette section 45 subsection (1)
45B: Control and management of reopened cemeteries and burial grounds
The Minister may, by any reopening order or by any later notice in the Gazette
a: vest the control and management of a reopened cemetery in any individual, body corporate, or local authority from the date specified in such order or later notice:
b: vest the control and management of a reopened burial ground in any individual or body corporate from the date specified in such order or later notice.
45C: Vesting of title in reopened cemeteries and burial grounds
1: A notice in the Gazette
2: A notice in the Gazette
3: On the production of a copy of a vesting notice, the District Land Registrar must register the notice under the Land Transfer Act 1952
45D: Crematoria situated within reopened cemeteries or burial grounds
1: In any case where a closed crematorium is situated within the boundaries of a cemetery or burial ground that is to be reopened, the Minister, if satisfied that the appropriate consent has been obtained under the Resource Management Act 1991 Gazette
2: The Minister may make such other provision as the Minister thinks fit for the future control, management, and use of the reopened crematorium.
|
DLM75772
|
2000
|
Conservation Amendment Act 2000
|
1: Title
1: This Act is the Conservation Amendment Act 2000.
2: In this Act, the Conservation Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Restrictions on fishing
Section 26ZL(2) Minister Director-General
4: New
section 26ZQA The principal Act is amended by inserting, after section 26ZQ
26ZQA: Possessing certain kinds of fish without approval
1: In this section, restricted fish
a: live grass carp; or
b: live silver carp.
2: The Minister of Conservation may approve a person's possession of restricted fish.
3: The following provisions apply when the approval of the Minister of Conservation is required under subsection (2)
a: the applicant must advertise, on at least 2 consecutive Saturdays in at least 1 newspaper circulating in the area concerned, the intention to possess the fish:
b: every advertisement under paragraph (a)
c: the Director-General may require an applicant to provide an environmental impact assessment report before the Minister grants approval.
4: A person who possesses restricted fish must have at least 1 of the following approvals relating to the person who possesses the fish and to the kind of fish the person possesses:
a: an approval under subsection (2)
b: an approval under section 26ZM(2)
c: an approval under section 26ZM(3)
5: Every person commits an offence, and is liable to a fine not exceeding $5,000, who, without reasonable cause, knowingly possesses restricted fish—
a: knowing that none of the approvals described in subsection (4)
b: being reckless as to whether or not any of those approvals has been given.
6: Section 43B subsection (5)
5: Regulations
Section 48(1)(m) reimburse travelling pay travelling and other
6: Powers of Director-General
Section 53(2) but, in the case of a protected area, subject to the purposes for which it is held,
|
DLM75786
|
2000
|
Crimes Amendment Act 2000
|
1: Title
1: This Act is the Crimes Amendment Act 2000.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Evidence and addresses
Section 367 subsection (1)
1A: Without limiting subsection (1)
1B: Nothing in an opening statement made under subsection (1A)
4: Right of appeal in certain cases
1: Section 379A(1) either the prosecutor or the accused person, with the leave of the Court of Appeal, may appeal to that Court , or as the case may require a later retrial, either the prosecutor or the accused person, with the leave of the Court of Appeal, may appeal to that Court against any of the following orders (whether made in relation to the trial or a later retrial of charges), namely,
2: Section 379A(1)
g: against the making of an order under section 23A of the Evidence Act 1908
|
DLM75796
|
2000
|
Customs and Excise Amendment Act (No 2) 2000
|
1: Title
1: This Act is the Customs and Excise Amendment Act (No 2) 2000.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Excise duty on goods manufactured in manufacturing areas
1: Section 73 subsection (2)
2A: Subsection (1)
a: the wine is exclusively for that individual's personal use and not for sale to any other person; and
b: the licensee of the premises does not engage in any aspect or part of the wine making or bottling operation and provides no equipment, ingredients, or service other than—
i: the equipment for the making and bottling of wine and the filling of casks or vats:
ii: casks, vats, bottles, corks, and labels:
iii: the ingredients for making wine, in an unmixed and unfermented state:
iv: the written or oral instructions for making the wine.
2: Section 73
5: For the purposes of this section, wine Part A of the Third Schedule
4: Indexation of rates of excise duty and excise-equivalent duty on alcoholic beverages and tobacco products
Section 79(4) subheadings headings
5: Assessment of excise duty on beer or wine otherwise exempt
Section 84 subsections (1) (2)
1: If the Chief Executive has reasonable cause to suspect that any quantity of beer or wine that has been entered as exempt from excise duty under section 73(2) or (2A) section 73(2)(a) or (2A)(a)
2: The duty assessed in accordance with this section is owed by—
a: the licensee of the manufacturing area in which the beer or the wine was manufactured; and
b: the individual who manufactured the beer or the wine.
6: Offences in relation to use of goods
Section 207 subsection (2)
2: Whenever beer is entered as exempt from excise duty under section 73(2) section 73(2A)
|
DLM76209
|
2000
|
Defence Amendment Act 2000
|
1: Title
1: This Act is the Defence Amendment Act 2000.
2: In this Act, the Defence Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Use of Armed Forces to provide public service or assist civil power
Section 9(8)(b) when before or after
4: Cadet officers
Section 76(f) in the Gazette to the cadet forces
5: Assistance to cadet forces
Section 78
a: by omitting from subsections (1)(e) (f) (2) regular forces Armed Forces
b: by omitting from subsection (1)(f) of programmes
c: by inserting in subsection (2) cadet forces under subsection (1)(e)
6: Transitional provisions
Section 102 subsection (9)
9: Every member of the regular forces whose service commenced before the commencement of this Act is entitled, on completion of that service, to an Armed Forces Terminal Benefit of an amount prescribed by the Chief of the Defence Force in accordance with criteria applying immediately before that commencement.
|
DLM76221
|
2000
|
Driftnet Prohibition Amendment Act 2000
|
1: Title
1: This Act is the Driftnet Prohibition Amendment Act 2000.
2: In this Act, the Driftnet Prohibition Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Evidence in proceedings
Section 29(1)(d) subparagraph (i) (ii) Royal New Zealand Naval Hydrographer chief executive of Land Information New Zealand
|
DLM76230
|
2000
|
Electricity Amendment Act 2000
|
1: Title
1: This Act is the Electricity Amendment Act 2000.
2: In this Act, the Electricity Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Persons to whom this Part applies
Section 117
f: persons who are the subject of an order under section 125 or section 127
4: Investigation of complaint
1: Section 121(3) Before the Committee makes a determination under subsection (2) of this section Before the Committee makes a determination under subsection (2)
2: Section 121(3)(b)(i) it the Committee
5: Interim suspension or disqualification
1: Section 125(1) subsection (1)
1: The Board may make an order under subsection (1A)
a: at any time before or after a notice has been served on a person under section 124
b: if satisfied that it is necessary to do so having regard to the need to protect the safety of members of the public.
1A: An order under this subsection is either—
a: an order suspending the registration of a registered person or the provisional licence of a holder of a provisional licence; or
b: an order disqualifying a person who is a qualified engineer or trainee or tradesperson from doing, or assisting in doing, prescribed electrical work that the person would otherwise be authorised to do or assist in doing in that person's capacity as a qualified engineer or trainee or tradesperson.
1B: An order made under subsection (1A)
a: the Committee determines, under section 121(2)
b: the Board determines, under section 123(1) section 127
c: the Board does any of the things authorised by section 127
2: Section 125(2) to (5) subsection (1) subsection (1A)
3: Section 126 section 125(1) section 125(1A)
6: Appeals
Section 140(1)(f) section 124(3) or section 125
7: Regulations relating to information disclosure
Section 170(1)(ha) ; and, for this purpose, prescribed business relationships involving activities conducted by, or occurring within, one person only are included:
8: Voting at meetings
Clause 9 subclause (3)
3: A resolution assented to by letter, telegram, fax message, telex, or electronic message by all members of either body is as valid and effectual as if it had been passed at a meeting of the body duly called and constituted.
|
DLM76244
|
2000
|
Evidence Amendment Act 2000
|
1: Title
1: This Act is the Evidence Amendment Act 2000.
2: In this Act, the Evidence Act 1908 the principal Act This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
3: New sections 45A to 45C inserted
The principal Act is amended by inserting, immediately before section 46
45A: Foreign public documents: interpretation
In this section, and sections 45B and 45C,— Convention Convention certificate foreign public document
a: has to be produced in New Zealand; and
b: was executed in a foreign country that—
i: is a contracting State under the Convention; and
ii: did not raise an objection to New Zealand's accession to the Convention legalisation
a: the authenticity of the signature on the public document; and
b: the capacity in which the person signing the public document has acted; and
c: where appropriate, the identity of the stamp or seal that the public document bears New Zealand authority public document
a: includes any of the following documents:
i: a document emanating from an authority or from an official connected with the Courts or tribunals of a State, including a document emanating from a public prosecutor, a clerk of a court, or a process server ( huissier de justice
ii: an administrative document (other than an administrative document dealing directly with commercial or customs operations); and
iii: a notarial act; and
iv: an official certificate which is placed on a document signed by a person in the person's private capacity (for example, an official certificate recording the registration of a document or the fact that the document was in existence on a certain date, or an official or notarial authentication of a signature); but
b: does not include a document executed by a diplomatic or consular agent.
45B: Foreign public documents: certificates as to contracting States under Convention
A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, and stating that a country is a contracting State under the Convention that did not raise an objection to New Zealand's accession to the Convention, is sufficient evidence of those matters, unless the contrary is proved.
45C: Foreign public documents: Convention certificates sufficient authentication of certain matters
1: A Convention certificate placed on, or attached to, a foreign public document is the only formality that a New Zealand authority may require, in relation to the document, as evidence or certification of—
a: the authenticity of the signature on the document; and
b: the capacity in which the person signing the document has acted; and
c: where appropriate, the identity of the seal or stamp that the document bears.
2: If a foreign public document is not subject to a requirement of legalisation, no New Zealand authority may require, in relation to the document, a Convention certificate as evidence or certification of the matters referred to in subsection (1)(a) to (c)
3: A New Zealand authority must accept, in relation to a foreign public document, a Convention certificate placed on, or attached to, the document as sufficient evidence or certification of the matters referred to in subsection (1)(a) to (c)
4: Subsection (3) subsection (1)(a) to (c) Foreign Evidence Act 1994 (Australia) ss 37, 38, 39 This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
4: Schedule added
The principal Act is amended by adding the Schedule set out in the Schedule. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
|
DLM76812
|
2000
|
Family Courts Amendment Act 2000
|
1: Title
1: This Act is the Family Courts Amendment Act 2000.
2: In this Act, the Family Courts Act 1980 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. This Act came into force, as from 13 September 2002 2 Family Courts Amendment Act Commencement Order 2002
3: New section 2 substituted
The principal Act is amended by repealing section 2
2: Interpretation
In this Act, unless the context otherwise requires,— District Courts Rules section 122 of the District Courts Act 1947 Family Court Judge Family Courts Rules section 16A
4: New section 12 substituted
The principal Act is amended by repealing section 12
12: Proceedings to be brought and dealt with under Family Courts Rules
While any Family Courts Rules are in force, all proceedings in a Family Court (and all proceedings in a District Court under section 15 of this Act section 151 of the Children, Young Persons, and Their Families Act 1989
5: New section 16A inserted
The principal Act is amended by inserting, after section 16
16A: Family Courts Rules
1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of Family Courts in proceedings that the Family Court has jurisdiction to hear and determine.
2: Rules made under subsection (1)
a: apply (with or without modification) specified District Courts rules to proceedings in a Family Court, or proceedings of a particular kind or description in a Family Court:
b: prescribe the amount of any fees payable by or to any person in respect of proceedings in a Family Court:
c: prescribe the form and contents of documents:
d: prescribe any forms that are necessary for the purposes of this Act or any specified Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:
e: prescribe 1 or more methods for serving documents:
f: prescribe 1 or more methods for giving notice:
g: provide for the transfer of proceedings between Family Courts, or between a Family Court and any other Court:
h: provide for the keeping, searching, and transfer of records:
i: provide for any other matters in respect of which rules regulating the practice or procedure of Family Courts are contemplated or specifically authorised by this Act or a specified Act.
3: Subsection (2) subsection (1)
4: For the purposes of subsection (2)(i)
a: the Adoption Act 1955
b: the Births, Deaths, and Marriages Registration Act 1995
c: the Child Support Act 1991
d: the Children, Young Persons, and Their Families Act 1989
e: the Domestic Actions Act 1975
f: the Domestic Violence Act 1995
g: the Family Proceedings Act 1980
h: the Family Protection Act 1955
i: the Guardianship Act 1968
j: the Law Reform (Testamentary Promises) Act 1949
k: the Marriage Act 1955
l: the Matrimonial Property Act 1976
m: the Protection of Personal and Property Rights Act 1988
6: Consequential amendments
The enactments specified in the Schedule are amended in the manner indicated in that schedule.
|
DLM76803
|
2000
|
Fair Trading Amendment Act 2000
|
1: Title
1: This Act is the Fair Trading Amendment Act 2000.
2: In this Act, the Fair Trading Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: False representations
Section 13
a: omitting the words Falsely represent make a false or misleading representation
b: inserting in the heading, after the word False or misleading
|
DLM76855
|
2000
|
Family Proceedings Amendment Act 2000
|
1: Title
1: This Act is the Family Proceedings Amendment Act 2000.
2: In this Act, the Family Proceedings Act 1980 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Orders enforceable under Child Support Act 1991
Section 101 subsection (2)
2: If a Court makes an order under Part VI or Part VIII of this Act Child Support Act 1991
4: New heading inserted
The principal Act is amended by inserting, after section 141 Discharge or variation of overseas maintenance order.
5: Discharge or variation of registered or confirmed order
Section 142 subsection (1)
1: If a maintenance order has been registered or confirmed in New Zealand, a District Court may, at any time, on the application of any person, make any of the following orders under section 99
a: an order discharging a maintenance order:
b: an order varying a maintenance order:
c: an order suspending the operation of a maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
1A: If the Court makes an order referred to in subsection (1)(d)
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the Court specifies.
1B: This section does not apply to a child maintenance order (as defined in section 142A
6: New sections 142A to 142F inserted
The principal Act is amended by inserting, after section 142
142A: Definition of child maintenance order
In sections 142B to 142E child maintenance order
a: provides for the payment by any person of a periodical sum of money towards the maintenance of a child; and
b: has been made by a Court in a Commonwealth or designated country; and
c: has been registered or confirmed in New Zealand.
142B: Discharge, variation, etc, of child maintenance order
1: A District Court may, at any time, on the application of any person, make any of the following orders:
a: an order discharging a child maintenance order:
b: an order varying a child maintenance order:
c: an order suspending the operation of a child maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a child maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
2: The Court may make an order under this section even if the child maintenance order to which the order relates was made by consent of the parties.
3: If an application is made under this section, notice of the application must be given to any person or persons that the Court directs.
4: If an application is made under this section,—
a: the Court may, if it thinks fit, require the Commissioner of Inland Revenue to provide it with a report on the relevant financial implications of the application for the position of any person under the Child Support Act 1991
b: the Commissioner must provide that report to the Court within any period that the Court directs.
5: If it appears to the Court to be necessary, for the purpose of taking further evidence, to remit the case to the Court that made the child maintenance order, the Court may remit the case and adjourn the proceedings for that purpose.
142C: Conditions relating to variation of child maintenance order
1: An application for a variation of a child maintenance order must be dealt with as if the maintenance order had been made in New Zealand on the date when it was made outside New Zealand.
2: An order varying a child maintenance order by increasing the amount payable under it may, if the Court thinks fit, take effect from a date that is earlier than the date of the order of variation, but must not be earlier than the date on which the grounds for the variation arose.
142D: Payment of arrears on child maintenance orders
1: All arrears due under a child maintenance order at the time when it is discharged or otherwise ceases to have effect are recoverable by the person to whom they are owing as if the order were still in force, unless and to the extent that the arrears are remitted by the Court.
2: If a Court remits or suspends, under this section or section 142B(1)(d)
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any child maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the Court specifies.
142E: Court may make provisional order discharging, etc, child maintenance order
1: If it appears to the Court, on an application under section 142B
2: A provisional order has no effect unless and until it is confirmed by a competent Court in the country in which the child maintenance order was originally made.
3: Subsections (5) to (9) of section 147 subsection (6)(c) of that section
142F: Copies of orders to be forwarded to Commissioner
If a Court makes an order under any of sections 142 to 142E
7: New heading and section 143 substituted
The principal Act is amended by repealing section 143 Steps to be taken if respondent not residing in New Zealand
143: Steps to be taken by Secretary if respondent not residing in New Zealand
1: If a maintenance order made by a Court in a Commonwealth or designated country has been registered or confirmed in New Zealand, and it appears to the Secretary that the respondent against whom the order is made is not residing in New Zealand, the Secretary must send the documents specified in subsection (2)
a: the responsible authority in that Commonwealth or designated country; or
b: the responsible authority in any other Commonwealth or designated country if, having regard to all the circumstances, the Secretary thinks it proper to do so.
2: The documents that the Secretary must send are—
a: a certified copy of the maintenance order, together with a certified copy of every order varying that maintenance order; and
b: a certificate of the amount of the arrears (if any) owing under the maintenance order; and
c: a statement giving any information that the Secretary possesses about the whereabouts of the respondent; and
d: any other documents in the possession of the Secretary that are relevant to the case.
3: If the documents specified in subsection (2)
|
DLM76877
|
2000
|
Fisheries Amendment Act (No 2) 2000
|
1: Title
1: This Act is the Fisheries Amendment Act (No 2) 2000.
2: In this Act, the Fisheries Act 1983 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Certificates and official documents
Section 106(1)(d) Royal New Zealand Naval Hydrographer chief executive of Land Information New Zealand
|
DLM76886
|
2000
|
Forest and Rural Fires Amendment Act 2000
|
1: Title
1: This Act is the Forest and Rural Fires Amendment Act 2000.
2: In this Act, the Forest and Rural Fires Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) paragraph (c)
viii: any easement acquired and held for conservation purposes under section 7(2) of the Conservation Act 1987
ix: any right of way or other easement acquired for the purposes of section 12 of the Reserves Act 1977
|
DLM76895
|
2000
|
Gas Amendment Act 2000
|
1: Title
1: This Act is the Gas Amendment Act 2000.
2: In this Act, the Gas Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Regulations relating to information disclosure
Section 55(1)(ha) ; and, for this purpose, prescribed business relationships involving activities conducted by, or occurring within, one person only are included
|
DLM77704
|
2000
|
Layby Sales Amendment Act 2000
|
1: Title
1: This Act is the Layby Sales Amendment Act 2000.
2: In this Act, The Layby Sales Act 1971 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Act not to apply to certain layby sales
Section 4(a) $1,000 $7,500
|
DLM77713
|
2000
|
Maritime Transport Amendment Act 2000
|
1: Title
1: This Act is the Maritime Transport Amendment Act 2000.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Ships not entitled to certificate of clearance until levies paid
Section 338 subsections (2) (3)
2: Where any levy is payable in respect of a contributing ship, the ship is not entitled to a certificate of clearance under section 34 of the Customs and Excise Act 1996
3: If the Chief Executive of the New Zealand Customs Service refuses to issue a certificate of clearance where evidence of payment of any levy payable in respect of the ship concerned is not produced, he or she must, upon request, provide reasons in writing for the decision.
|
DLM77722
|
2000
|
Ministry of Energy (Abolition) Amendment Act 2000
|
1: Title
1: This Act is the Ministry of Energy (Abolition) Amendment Act 2000.
2: In this Act, the Ministry of Energy (Abolition) Act 1989 the principal Act
2: Commencement
1: Section 4
2: The rest of this Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: New
section 14 The principal Act is amended by repealing section 14
14: Purpose of levies
Levies recovered under this Part must be applied only for the purposes of meeting the reasonable costs and expenses of—
a: the inspection, monitoring, and related services to which they relate and matters incidental to those services, being services carried out by the Ministry under any Act or related arbitration services; and
b: the dissemination of information concerning safety in relation to the industries to which the levies relate; and
c: the recovery of those levies.
4: Petroleum fuels monitoring levy
Section 24 subsections (2) (3)
2: A levy of 0.025 of a cent, or such lesser amount as may be prescribed, is payable under this section for each complete litre of petrol or diesel sold for use in New Zealand.
3: Not later than 30 days after the last days of March, June, September, and December in each year, every person who is in the business of supplying petrol or diesel in New Zealand by way of wholesale or retail sale must—
a: supply the Secretary with true and accurate returns of all petrol and diesel—
i: in respect of which no previous supplier has paid or is liable to pay the levy; and
ii: that has been sold by the person during the immediately preceding period of 3 months ending with those last days of March, June, September, and December; and
b: pay to the Secretary the levy calculated under subsection (2)
3A: A nil return need not be supplied under subsection (3)
|
DLM77733
|
2000
|
New Zealand Sports Drug Agency Amendment Act 2000
|
1: Title
1: This Act is the New Zealand Sports Drug Agency Amendment Act 2000.
2: In this Act, the New Zealand Sports Drug Agency Act 1994 the principal Act This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
3: Interpretation
Section 2(1) working day World Anti-Doping Agency . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
4: Purpose and principles
Section 3(2)(f) or the World Anti-Doping Agency This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
5: Functions of Agency
1: Section 6(1) paragraph (a)
a: preparing, maintaining, and disseminating a schedule of—
i: drugs and doping methods that are banned for the purposes of this Act; and
ii: drugs and doping methods that are banned for the purposes of this Act except at specified permitted levels (including levels defined relative to levels of other substances); and
iii: circumstances in which specified drugs or doping methods, or levels of drugs or doping methods, that are otherwise banned for the purposes of this Act, are not banned; and
iv: evidence that the Board will accept as establishing the existence of circumstances described in subparagraph (iii) .
2: Section 6(1)(b) Committee or the World Anti-Doping Agency
3: Section 6(1) paragraph (f)
fa: collecting evidence in accordance with any procedures specified in the schedule under paragraph (a)(iv) . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
6: New section 6A inserted
The principal Act is amended by inserting, after section 6
6A: Review of schedule
The Agency must from time to time review the contents of the schedule maintained under section 6(1)(a) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
7: New section 11 substituted
The principal Act is amended by repealing section 11
11: Requirements of regulations in regards to tests
Subject to this Act, a sample provided by a competitor must be dealt with in accordance with the requirements of the regulations. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
8: Action following failure to provide a sample
Section 13 subsection (2)
2: For the purposes of this Act, a competitor must not be taken to have failed to comply with a request to provide a sample unless the competitor was notified in the manner required by the regulations of the requirement that he or she provide the sample. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
9: Determination by Board of Agency on failure to provide a sample
Section 14 subsection (2)
2: In making its determination the Board must take into consideration—
a: the nature and effect of any departure by any person from the procedures in the regulations; and
b: any submissions made by or on behalf of the competitor. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
10: New heading and sections 15 to 16F substituted
The principal Act is amended by repealing the heading above section 15 15 16 Positive and negative test results
15: Determination by Board as to whether specified circumstances exist
1: This section applies to a competitor who has, after the initial testing of the sample, returned a positive test result for a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
2: The Board must determine under subsection (3)
3: The Board must determine that it is established that the circumstances existed at the time the competitor was tested if either—
a: the evidence specified in the schedule under section 6(1)(a)(iv)
b: the schedule specifies other evidence under section 6(1)(a)(iv)
4: Where the Board determines that it is established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result is, for the purposes of this Act, a negative test result returned after the initial testing of the sample.
5: Where the Board determines that it is not established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result remains a positive test result returned after the initial testing of the sample for the purposes of this Act.
16: Notification of negative test result
Where a competitor returns a negative test result after the initial testing of the sample, the Agency must, as soon as practicable, give written notification of that result, in the prescribed form, to the competitor and to the national sporting organisation or organisations concerned.
16A: Notification of positive test result
Where a competitor returns a positive test result after the initial testing of the sample, the Agency must, as soon as practicable, give the competitor written notification in the prescribed form stating—
a: the result of the test; and
b: that further testing of the sample will be conducted by a laboratory within 4 working days after service of the notice; and
c: that the competitor may attend or have a representative attend this further testing of the sample, the attendance to be at the expense of the competitor; and
d: that if the competitor does not notify the Agency that the competitor seeks attendance or representation under paragraph (c)
e: that the competitor may, by 5 pm on the 5th working day following service of the notice, advise the Agency in writing of any matters which the competitor considers the Board of the Agency, before making a determination, should take into consideration under section 16D(a)
f: that the competitor or the competitor's representative may advise the Agency in writing of any matters concerning the second testing that it is considered the Board should take into consideration under section 16D(a)
g: if the positive test result is in respect of a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: the nature of those circumstances; and
ii: the nature of the evidence specified in the schedule under section 6(1)(a)(iv)
16B: Determination by Board on positive test result
1: Where the initial testing of a sample has returned a positive test result, the Board must determine whether or not the competitor has committed a doping infraction.
2: The Board must make its determination within the time limit set out in section 16C
3: When the Board is making its determination, it must take into consideration the matters set out in section 16D
4: The Board must determine that the competitor has not committed a doping infraction if it is satisfied of 1 or more of the matters set out in section 16E
5: Subject to sections 20 to 23
16C: Time limits
1: The Board must make its determination under section 16B subsection (2) or subsection (3)
2: The Board must make its determination within 7 days after the completion of the procedures where—
a: the initial testing of a sample returns a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
b: the schedule specifies procedures for the collection or interpretation, or both, of evidence in relation to the specified circumstances and the procedures require or allow the completion of the procedures after the second testing of the sample.
3: In any other case the Board must make its determination,—
a: if advice is received in accordance with both paragraphs (e) and (f) of section 16A section 16A(f) section 16A(f)
b: if advice is received in accordance with section 16A(e) section 16A(f) section 16A(f)
c: if advice is not supplied in accordance with either paragraph (e) or paragraph (f) of section 16A section 16A
16D: Matters to be taken into consideration
When the Board is making its determination under section 16B
a: take into consideration any submissions made by or on behalf of the competitor; and
b: take into consideration whether the second testing confirmed the initial test result; and
c: where the initial testing of a sample produced a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: any evidence specified in the schedule under section 6(1)(a)(iv)
ii: whether the evidence in subparagraph (i) section 6(1)(a)(iv)
iii: any other relevant evidence available to the Board; and
iv: any advice on the interpretation of the evidence in subparagraph (i) or subparagraph (iii) clause 12(3) of the Schedule of this Act
16E: Matters Board to be satisfied of
The matters referred to in section 16B(4)
a: the second testing of the sample has not supported the initial test result; or
b: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
c: the sample was not tested by a laboratory; or
d: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
e: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of this Act or the regulations in any respect other than one described in paragraph (c) or paragraph (d)
f: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of paragraphs (c) to (e)
16F: Board's actions following determination on positive test result
1: Where the Board determines that a competitor has committed a doping infraction, the Agency must enter the determination on the Register in accordance with section 17(2)
2: Where the Board determines that a competitor has not committed a doping infraction, the Agency must give written notification of the determination, in the prescribed form, to the competitor and the national sporting organisation or organisations concerned. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
11: Notification of entry on Register
Section 18(3) failing to comply with a request to This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
12: Competitor may appeal to District Court
1: Section 20(1) section 16 of this Act section 16B
2: Section 20(2) paragraph (b)
b: in the case of a determination under section 16B
i: the second testing of the sample did not support the initial test result; or
ii: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
iii: the sample was not tested by a laboratory; or
iv: the Agency or the laboratory failed to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
v: the Agency or the laboratory failed to comply with the requirements of this Act or the regulations in any respect other than one described in subparagraph (iii) or subparagraph (iv)
vi: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of subparagraphs (iii) to (v) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
13: Procedures relating to appeal to District Court
Section 21 subsection (6)
6A: Without limiting subsection (6) section 22(1A) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
14: Decision of District Court
Section 22 subsection (1)
1A: The District Court must not quash a determination by reason of a failure referred to in subparagraph (iv) or subparagraph (v) of section 20(2)(b) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
15: Contract testing
1: Section 25(2) paragraph (b)
ba: testing a New Zealand competitor out-of-competition; or .
2: Section 25 subsection (4)
4: The procedures for testing under a contract or arrangement are those set out in this Act and the regulations, unless the contract or arrangement provides otherwise. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
16: Foreign anti-doping body may take sample for Agency
1: Section 26(2) substantially in accordance with of a similar effect to
2: Section 26 subsection (3)
3: If the Board is satisfied that the procedures carried out were of a similar effect to the procedures set out in this Act and the regulations,—
a: the Agency must notify the competitor in terms of section 13 or section 16A
b: the Board must make a determination under section 14 or section 16B This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
17: Decisions notified by foreign anti-doping body
Section 27(1) substantially in accordance with of a similar effect to This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
18: Regulations
Section 31(1) paragraph (a)
aa: prescribing ways in which a competitor fails to comply with a request to provide a sample, without limiting the ways in which it may appear to the Agency that a competitor has failed to comply with a request: . This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
19: Use of experts
Clause 12 subclause (2)
2: The Agency must pay a person appointed under subclause (1)
3: The Board may, from time to time, appoint a suitably qualified person to provide it with specialist medical advice, including, but not limited to, advice on—
a: matters to be specified in the schedule under subparagraphs (iii) and (iv) of section 6(1)(a)
b: any evidence or procedures for collection or interpretation of evidence being considered by the Board under section 16D
4: A person appointed under subclause (3) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
20: Consequential amendments to principal Act
The principal Act is amended in the manner set out in the Schedule This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
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DLM77795
|
2000
|
Police Amendment Act 2000
|
1: Title
1: This Act is the Police Amendment Act 2000.
2: In this Act, the Police Act 1958 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Delegation of powers by Commissioner
Section 55A(1)(a) Assistant Commissioner or Superintendent
|
DLM78304
|
2000
|
Privacy Amendment Act 2000
|
1: Title
1: This Act is the Privacy Amendment Act 2000.
2: In this Act, the Privacy Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 97 specified agency specified agency
a: the Accident Compensation Corporation:
b: the Chief Registrar of Electors:
c: the Department for Courts:
d: the Department of Corrections:
e: the Department of Labour:
f: the department for the time being responsible for the administration of the Social Security Act 1964
g: the Inland Revenue Department:
h: the New Zealand Customs Service:
i: the Regulator, as defined in the Accident Insurance Act 1998
j: any tertiary institution, secondary school, or private training establishment (as those terms are defined in the Education Act 1989 section 226A or section 238B of that Act Social Security Act 1964
2: The following enactments are consequentially repealed:
a: so much of Schedules 1 2 Privacy Act 1993
b: section 5 of the Privacy Amendment Act 1996
4: Schedule 3 amended
1: Schedule 3 section 131A
2: Section 44 of the Social Security Amendment Act 1996
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DLM78316
|
2000
|
Private Investigators and Security Guards Amendment Act 2000
|
1: Title
1: This Act is the Private Investigators and Security Guards Amendment Act 2000.
2: In this Act, the Private Investigators and Security Guards Act 1974 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Renewal of licence
Section 33
7: The police may, before the expiry of 1 month after subsection (5)
8: Any person other than a member of the police may, before the expiry of 1 month after subsection (5)
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DLM78325
|
2000
|
Public Finance Amendment Act 2000
|
1: Title
1: This Act is the Public Finance Amendment Act 2000.
2: In this Act, the Public Finance Act 1989 the principal Act
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) borrowing expenses , including any guarantee or indemnity given under any Act
4: Half-year financial statements of the Crown
Section 28
5: Responsibility for financial statements of the Crown
Section 29(1) and half-year
6: Power of Secretary to obtain information
1: Section 29A(1) or half-yearly
2: Section 29A(1)(a) , 28,
7: New section 31 substituted
The principal Act is amended by repealing section 31
31: Presentation to House of Representatives of financial statements of the Crown
1: The Treasury must forward the annual financial statements, together with the audit opinion, to the Minister who must present them and the statement of responsibility to the House of Representatives not later than 6 sitting days after the statements are returned by the Audit Office to the Treasury.
2: If the annual financial statements have not been presented to the House of Representatives within 3 weeks after being returned by the Audit Office to the Treasury, the Minister must cause the annual financial statements to be published not later than 3 weeks after the date on which they are returned by the Audit Office to the Treasury.
8: Monthly financial statements of the Crown
1: Section 31A(1) November, December,
2: Section 31A(4) month of November months of November and December
3: Section 31A
6: The Minister must cause the financial statements to the end of the month of December to be published not later than the last day of February in the following year.
7: In addition to the statements required under subsection (2) section 59
9: Publication, inspection, and purchase of financial statements of the Crown
Section 31B(1)
a: by omitting the word , half-year,
b: by omitting the expression , 28,
10: Power to give guarantees and indemnities
1: Section 59 subsection (1)
1: The Minister, on behalf of the Crown, may from time to time, if it appears to the Minister to be necessary or expedient in the public interest to do so, give in writing—
a: a guarantee, on such terms and conditions as the Minister thinks fit, in respect of the performance or non-performance of any duties or obligations by any person, organisation, or government; and
b: an indemnity, on such terms and conditions as the Minister thinks fit, to any person, organisation, or government.
2: Section 59 subsections (4) (5)
4: Except as provided in subsection (6)(c)
5: Any money paid by the Crown under a guarantee given under this section constitutes a debt due to the Crown from the person, organisation, or government in respect of whom the guarantee was given, but nothing in this section limits or affects any other rights that the Crown may have as guarantor.
6: A debt referred to in subsection (5)
a: is recoverable in any court of competent jurisdiction:
b: may be paid over such period of time and on such terms and conditions, as the Minister thinks fit:
c: may be written down by the Minister, except that it must not be written down below its market value other than in accordance with an appropriation by Act of Parliament.
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DLM78342
|
2000
|
Reserves and Other Lands Disposal Amendment Act 2000
|
1: Title
1: This Act is the Reserves and Other Lands Disposal Amendment Act 2000.
2: In this Act, the Reserves and Other Lands Disposal Act 1973 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Proceeds of sale of old Taieri Airport
Section 9(10) shall hold any excess in reserve and use it for the future development of Momona Airport in such manner as may from time to time be agreed on between the Corporation and the Minister of Civil Aviation and Meteorological Services may apply any excess for any purpose for which it may lawfully apply any of its income
4: Proceeds of sale of old Bell Block Airport
Section 10(10) shall hold any excess in reserve and use it for the future development of the airport at Brown Road, New Plymouth, in such manner as may from time to time be agreed on between the Corporation and the Minister of Civil Aviation and Meteorological Services may apply any excess for any purpose for which it may lawfully apply any of its income
|
DLM78352
|
2000
|
Social Security Amendment Act 2000
|
1: Title
1: This Act is the Social Security Amendment Act 2000.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments consequential on Health and Disability Services Amendment Act 1998
1: Section 3(1) friendly society funder section 20 of the Health and Disability Services Act 1993 .
2: Section 3(1) purchaser
3: Sections 61EA 61G 69C 69E 69F 69FA 75 purchaser funder
4: Sections 61EA 69C 75 purchased funded
5: Section 75(1) maintained by a Hospital Board under the Hospitals Act 1957 operated by a hospital and health service within the meaning of the Health and Disability Services Act 1993
4: Areas for accommodation supplement purposes may be altered by Order in Council
Section 61I(1) paragraphs (a) (b)
a: by adding to any one of those definitions any standard urban area of New Zealand, or any zone within a standard urban area, (as those terms are from time to time defined by the Government Statistician) that is not already included in either of those definitions; or
b: by omitting any standard urban area of New Zealand, or any zone within a standard urban area, from the definition of Area 2 Area 1
5: Exemption from obligations
1: Section 105(1) beneficiary person
2: Section 105(5) beneficiary person
3: Section 123D(a) beneficiaries persons
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DLM78377
|
2000
|
Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000
|
1: Title
1: This Act is the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000.
2: In this Act, the Taratahi Agricultural Training Centre (Wairarapa) Act 1969 the principal Act
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: New
section 3A
1: The principal Act is amended by inserting, after section 3
3A: Deputy of chief executive of Ministry of Agriculture and Forestry
1: The chief executive of the Ministry of Agriculture and Forestry may from time to time in writing—
a: appoint an employee of the chief executive to act as the chief executive's deputy for the purposes of this Act; or
b: cancel the appointment.
2: The deputy is entitled to act under this Act on behalf of the chief executive.
3: The deputy is not entitled to appoint any other deputy.
4: The fact that an employee of the chief executive exercises or performs any of the chief executive's powers or functions under this Act is conclusive evidence of the employee's appointment under subsection (1)
5: This section does not prevent the chief executive from exercising any power or performing any function conferred on the chief executive by this Act.
2: Section 3(4)
|
DLM78365
|
2000
|
Summary Proceedings Amendment Act 2000
|
1: Title
1: This Act is the Summary Proceedings Amendment Act 2000.
2: In this Act, the Summary Proceedings Act 1957 the principal Act
2: Commencement
This Act comes into force on 1 January 2001.
3: New
sections 175 and 176 Section 3 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
4: Consequential amendment and repeals
1: Section 33 read given
2: The following enactments are repealed:
a: section 7 of the Summary Proceedings Amendment Act 1964
b: section 15 of the Summary Proceedings Amendment Act 1980
c: section 26 Summary Proceedings Amendment Act 1993
d: sections 38 39 Summary Proceedings Amendment Act (No 2) 1998
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DLM78387
|
2000
|
Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2000
|
1: Title
1: This Act is the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2000.
2: In this Act, the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Official charts
Section 31 subsections (1) (2)
1: For the purposes of this Act, in any proceedings in any court, the line of low water for any area depicted on the charts comprising the Territorial Limits Chart Folio held by Land Information New Zealand is sufficient evidence of the line of the low-water mark for that area.
2: For the purposes of this Act, in any proceedings in any court, a certificate purporting to be signed by the chief executive of Land Information New Zealand that any specified chart is a chart referred to in subsection (1)
|
DLM78396
|
2000
|
Transport Amendment Act 2000
|
1: Title
1: This Act is the Transport Amendment Act 2000.
2: In this Act, the Transport Act 1962 the principal Act This Act was repealed 1 July 2009 section 214(3) Land Transport Act 1998 See section 87 Land Transport Amendment Act 2005
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 1 July 2009 section 214(3) Land Transport Act 1998 See section 87 Land Transport Amendment Act 2005
3: Powers of parking wardens
Section 68BA(1) provisions and offences This Act was repealed 1 July 2009 section 214(3) Land Transport Act 1998 See section 87 Land Transport Amendment Act 2005
4: Schedules referring to offences may be amended by Order in Council
1: Section 199C(1)
a: by omitting any reference to a regulation, bylaw, or rule that has been revoked, and, if appropriate, substituting a reference to a corresponding new regulation, bylaw, or rule:
b: by amending any reference to a regulation, bylaw, or rule for the purpose of updating that reference:
c: subject to subsection (2)
2: Section 199C
2A: An Order in Council under subsection (1)
3: Section 199C(3) regulations or bylaws (or both) regulations, bylaws, or rules (or any combination of those) This Act was repealed 1 July 2009 section 214(3) Land Transport Act 1998 See section 87 Land Transport Amendment Act 2005
5: Schedule 2A amended
1: Schedule 2A clause 2 regulation 85(1) Traffic Regulations 1976
2: Schedule 2A
5: The offence of operating a vehicle on a road without displaying current evidence of vehicle inspection, contrary to section 34(1)(b) of the Land Transport Act 1998 This Act was repealed 1 July 2009 section 214(3) Land Transport Act 1998 See section 87 Land Transport Amendment Act 2005
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DLM79500
|
2000
|
Hazardous Substances and New Organisms Amendment Act 2000
|
1: Title
1: This Act is the Hazardous Substances and New Organisms Amendment Act 2000.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
2: Commencement
This Act comes into force on a date to be fixed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made fixing different dates for different provisions and for different purposes.
3: Interpretation
1: Section 2(1) approved form section 11(fa) laboratory research and development
2: Section 2(1) premises premises
3: Section 2(1) public notice public notice
a: a method determined by the Authority under section 53A
b: if section 53A .
4: Precautionary approach
Section 7 sections 28A,
5: Powers, functions, and duties of Authority
Section 11 paragraph (f)
fa: approve forms for applications under Part V .
6: Delegation by Authority
1: Section 19(2)
c: the power to decide any application for permission or other matter under Parts XI to XVI
i: any employee of the Ministry of Agriculture and Forestry, or of any person specified in section 97
ii: if there is no employee with that relevant experience, any other person with that relevant experience, whether or not that person is a member of the Authority:
d: the power to conduct a rapid assessment under section 28A
e: the power to hear and decide any application made under section 31
f: the power to hear and decide an application made under section 83
g: the power to appoint an enforcement officer under section 99(3)(a)
2: Section 19
6: Every delegation under subsection (2)
7: Determination of new organism or hazardous substance
1: Section 26(1) , or (without limiting any regulations made under section 74(b)
2: The heading of section 26 or hazardous substance
8: Application for approval to import or manufacture hazardous substances
1: Section 28(1) Every person Unless an approval under section 28A section 29
2: Section 28(2) the prescribed form an approved form
9: New section 28A inserted
The principal Act is amended by inserting, after section 28
28A: Rapid assessment for importation or manufacture of hazardous substances
1: When the Authority receives an application under section 28
2: The Authority may approve a hazardous substance under this section if the Authority is satisfied that—
a: a substance having a similar composition and similar hazardous properties has been approved; or
b: the substance has one or more hazardous properties and each hazardous property has the least degree of hazard for that property.
3: Section 77 section 29
4: If the Authority does not approve a hazardous substance under this section the application under section 28 section 29
10: New section 29A inserted
Section 10 repealed 30 October 2003 16(2) Hazardous Substances and New Organisms Amendment Act 2003
11: Importing hazardous substances in containment
Section 30 paragraph (b)
ba: research and development on any hazardous substance; or. .
12: Application for hazardous substance containment approval
Section 31(2) the prescribed form an approved form
13: Decision on application
Section 32 subsection (2)
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in the Third Schedule
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
14: New section 33 substituted
The principal Act is amended by repealing section 33
33: Exemptions from Act for small-scale research on hazardous substances
Nothing in this Act applies to any small-scale use of hazardous substances in research and development or teaching if—
a: the use occurs in a laboratory that meets the prescribed requirements; and
b: the use does not create or involve a hazardous substance for which any application for approval has been declined under this Act; and
c: the importation, storage, and transportation of the hazardous substances each meets the prescribed requirements; and
d: No such hazardous substance, nor any substance created from that use, is sold as a substance or in a product containing or derived from that substance.
15: Application for approval to import or release
Section 34(2) the prescribed form an approved form
16: Application for containment approval for new organisms
Section 40(2) the prescribed form an approved form
17: Determination of application
Section 45 subsection (2)
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in the Third Schedule
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
18: Application for approval to use a hazardous substance or new organism in an emergency
Section 47(2) the prescribed form an approved form
19: Applications required to be publicly notified
1: Section 53(1)(a) , if the application has not been approved under section 28A
2: Section 53 subsection (2)
2: The Authority may, if it considers that there is likely to be significant public interest, publicly notify any application under section 40
a: import into containment any new organism or develop any new organism (other than a genetically modified organism) in containment; or
b: develop any genetically modified organism in containment, if that application has not been approved in accordance with section 42
20: New section 53A inserted
The principal Act is amended by inserting, after section 53
53A: Method of public notification
1: The Authority may, if it thinks fit, determine a method of public notification of the applications referred to in section 53
2: The method must, in the Authority's opinion, be a means of providing effective public notification at reasonable cost.
3: Before determining a method of public notification under subsection (1)
a: publicly notify the method it proposes to determine; and
b: allow the period of time that the Authority thinks fit for any person who may be affected by the proposed method to comment in writing to the Authority on whether the proposed method is reasonable; and
c: consider any comments made in accordance with paragraph (b)
4: The Authority must, as soon as practicable after determining a method of public notification in accordance with this section, publicly notify the method in accordance with paragraph (b) public notice section 2(1)
21: Further information
1: Section 58 subsection (1)
1A: Any report, advice, or other information obtained under subsection (1)
2: Section 58(2) 15 10
22: Time limits and waivers
1: Section 59(1) 35 28A or section
2: Section 59(1)(d) 25 30
3: Section 59(4) extend or reduce
4: Section 59(5) extend or reduce
23: Provisions relating to hearings
Section 61(5) the prescribed form an approved form
24: Grounds for reassessment of a substance or organism
Section 62(4) any of sections 28A,
25: Reassessment
Section 63(2)(a) under section 28A
26: New section 67A inserted
The principal Act is amended by inserting, after section 67
67A: Minor or technical amendments to approvals
The Authority may, of its own motion, amend any approval given by it under this Part if it considers that the alteration is minor in effect or corrects a minor or technical error.
27: Controls on hazardous substances
Section 77(1) 29 28A or section
28: Codes of practice
Section 78 subsection (1)
1: The Authority may from time to time issue, amend, approve, or revoke any code of practice for hazardous substances for the purpose of implementing any requirement included in controls or in regulations in force under this Act.
29: Codes may be approved by Authority
1: Section 79(2)(b) revocation or who have advised the Authority in writing that they wish to be consulted
2: Section 79 subsection (4)
30: Availability of codes
1: Section 80 subsection (1)
1: If the Authority approves a code of practice, the Authority must ensure that, so long as the code remains in force, copies of that code, and of all amendments to that code, are available—
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price.
2: Section 80(2) and purchase
31: Processing applications for approval as test certifier
Section 84 subsection (7)
7: An approval expires on the earlier of the following dates:
a: 5 years after the date on which it is given:
b: the date of expiry (if any) specified by the Authority in the approval.
32: Co-ordination of inspection
Section 98 subsection (4)
33: Powers of entry for inspection
1: Section 103(1)(a) premises (excluding dwellings)
2: Section 103(2) paragraph (c)
c: take photographs and measurements and make sketches and recordings; and .
3: Section 103(2) paragraph (e)
ea: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and
eb: require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; and .
4: Section 103 subsection (6)
6: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.
34: Regulations
1: Section 140(1) paragraph (g)
g: prescribing requirements to be met by a laboratory, and during the storage, importation, or transportation of any hazardous substance, for the purposes of section 33 .
2: Section 140
4: Any regulations made under subsection (1)
35: New section 141A inserted
The principal Act is amended by inserting, after section 141
141A: Incorporation of material by reference
1: The following material may be incorporated by reference into any regulations or code of practice:
a: standards, requirements, or recommended practices of international organisations:
b: any document or other material that, in the opinion of the Minister (in the case of regulations) or the Authority (in the case of a code), is too large or impractical to be printed as part of the regulations or code.
2: Any such material may be so incorporated in regulations or a code of practice either in whole or in part, and either unmodified or with such additions or variations as are specified in the regulations or code.
3: Any material incorporated in regulations or a code of practice by reference under subsection (1)
4: If any material is incorporated in regulations or a code of practice by reference under subsection (1)
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price— at such place or places as the Minister or the Authority appoints.
36: Expiry of transitional provisions
1: Section 152
1: Parts XI to XVI and the Seventh Schedule
a: the date that is 3 years after the commencement of those Parts:
b: the date specified in the most recent Order in Council (if any) made under subsection (1A)
1A: The Governor-General may, by Order in Council made at any time or times before the date that Parts XI to XVI and the Seventh Schedule subsection (1)
2: Section 152
4: The regulations referred to in section 161 Parts XI to XVI and the Seventh Schedule
37: Regulations relating to transitional provisions
1: Section 160(1)(a)(iii) under section 77 of this Act
2: Section 160 subsection (2)
2: A regulation made under subsection (1)(a) section 74 subsection (3)
3: A regulation made under subsection (1)(a)
a: any enactment repealed by this Act; or
b: any regulations made under any enactment repealed by this Act; or
c: the Transport Act 1962 Land Transport Act 1998
d: the Animal Remedies Act 1967
38: Transitional provisions - pesticides
The principal Act is amended by inserting, after section 164
164A: Protection of information
The protection given to information by Part IIIA of the Pesticides Act 1979
39: Application of this Part
Section 184
3A: Any toxic substance which, before the date of commencement of this Act was the subject of a notification under section 32 of the Toxic Substances Act 1979 section 160(1)(a)
40: Transitional provisions - toxic substances
The principal Act is amended by inserting, after section 184
184A: Protection of information
The protection given to information by Part IIA of the Animal Remedies Act 1967 Agricultural Compounds and Veterinary Medicines Act 1997
41: Schedule 3 Schedule 3 Part 1 Development and Field Testing of importing, developing, or field testing
42: Schedule 4 Schedule 4 Building Act 1991
43: Schedule 7 Schedule 7 Division 3 The term safety cartridge
a: the case of which can be extracted from the small arm after firing; and
b: that is closed in order to prevent an explosion in 1 cartridge being communicated to other cartridges. The term safety fuse
a: burns and does not explode; and
b: burns under all conditions of practical use at an approved even average rate; and
c: does not contain its own means of ignition; and
d: is of such strength and construction and contains an explosive in such quantity that the burning of the fuse will not communicate laterally to other like fuses. The term containing its own means of ignition This class is in 3 divisions, namely— Division 1: Division 2: Division 3
|
DLM79049
|
2000
|
Social Welfare (Transitional Provisions) Amendment Act 2000
|
1: Title
1: This Act is the Social Welfare (Transitional Provisions) Amendment Act 2000.
2: In this Act, the Social Welfare (Transitional Provisions) Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to allow agreements or Conventions entered into by New Zealand with the governments of other countries providing for reciprocity in respect of matters relating to social security monetary benefits to include mutual assistance provisions for the recovery of the social security debts of either country:
b: to allow such agreements or Conventions to include mutual assistance provisions for the exchange of information for the administration and enforcement of social security laws:
c: to give effect to any such mutual assistance provisions:
d: to provide individuals to whom such mutual assistance provisions relate with appropriate protection of their privacy.
1: Amendments to principal Act
4: New section 2 substituted
1: The principal Act is amended by repealing section 2
2: Interpretation
1: In this Act, unless the context otherwise requires,— Minister Privacy Commissioner Privacy Act 1993 social security debt
a: in relation to New Zealand, means an amount that may be recovered from any person under section 86 of the Social Security Act 1964
b: in relation to any other country, means an amount that may be recovered from any person—
i: under the laws relating to social security in that country; or
ii: for taxation or other contribution levied specifically for social security under the laws of that country.
2: Unless the context otherwise requires, expressions defined in section 3(1) of the Social Security Act 1964 section 2 of the War Pensions Act 1954
2: The Employment Services and Income Support (Integrated Administration) Act 1998 Schedule section 2
5: Adoption of reciprocity agreement with other countries
Section 19 subsection (2)
2A: If an agreement or Convention or alteration to an agreement or Convention contains a provision of the kind referred to in section 19A(2) subsection (1)
a: whether the provision complies with the privacy principles set out in the Privacy Act 1993 paragraphs (a) to (f) of section 98 of that Act
b: if the provision is of the kind referred to in section 19A(2)(b)
2B: Subsection (2A)
6: New sections 19A to 19D inserted
The principal Act is amended by inserting, after section 19
19A: Inclusion of mutual assistance provisions in reciprocity agreement
1: In this section and in sections 19B to 19D agreement section 19 competent institution party requested institution requesting institution social security laws social security purposes
a: the administration of the social security laws of a party:
b: the collection of the social security debts of a party:
c: the maintenance of the social security laws of a party, including the prevention, detection, prosecution, and punishment of offences under those laws:
d: the enforcement of any social security laws of a party imposing a pecuniary penalty:
e: the conduct of any proceedings under the social security laws of a party before any court or tribunal.
2: An agreement may contain—
a: provision for the governments of New Zealand and the other country to provide each other with assistance in the recovery of social security debts; or
b: provision for those governments to supply each other with information for social security purposes; or
c: both provisions described in paragraphs (a) and (b)
3: No provision of the kind referred to in subsection (2)(a) section 19B
4: No provision of the kind referred to in subsection (2)(b) section 19C
5: Nothing in section 19(2A) subsection (2)
19B: Terms and conditions for recovery of social security debts
1: The terms and conditions referred to in section 19A(3)
a: assistance to recover any social security debt of a party may be provided by the other party only in respect of a debt—
i: that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or organisation in that country acting administratively within the terms of his, her, or its lawful authorisation; and
ii: in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws), has been exhausted or has expired; and
iii: that may be lawfully recovered under the laws of that country; and
iv: that was first found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in subsection (2)
b: when providing assistance to recover any social security debt of a party, the party giving the assistance is not required to—
i: give priority to the recovery of social security debts of the other party; and
ii: take any measures for recovery not provided for under the laws relating to the recovery of debts of that party:
c: a party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual:
d: any recovery of a social security debt of a deceased individual is limited to the value of that individual's estate:
e: any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if—
i: the institution, court, or tribunal has the power to do so; and
ii: it is its normal practice to do so:
f: a party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in subparagraphs (i) to (iv) of paragraph (a)
g: the party requesting assistance to recover a social security debt must pay the costs of the other party of recovering the debt, including court costs or other fees payable under the laws of that party.
2: Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5-year period referred to in subsection (1)(a)(iv)
19C: Terms and conditions for exchange of information for social security purposes
1: The terms and conditions referred to in section 19A(4)
a: a request for information relating to an individual may be made only for social security purposes:
b: the requested institution of a party may supply to the requesting institution—
i: such information on the person to whom the request relates as it holds or is lawfully able to obtain; and
ii: such information on that person as it may obtain from the taxation authorities of that party:
c: the requesting institution of a party (the requesting party
i: making an assessment of the tax due by any person under the laws of the requesting party relating to taxation:
ii: detecting tax fraud or tax evasion under the laws of the requesting party:
d: every request for and supply of information made by and to the competent institutions of the parties must be made in terms of an agreement between the competent institutions of the parties that—
i: specifies the types of information that the competent institutions may supply to each other; and
ii: limits the supply of information to the types of information specified; and
iii: subject to subparagraph (iv) section 99 of the Privacy Act 1993
iv: in relation to New Zealand, requires the information matching rules set out in clause 4 of the Fourth Schedule of the Privacy Act 1993
v: in relation to New Zealand, has been agreed to by the Privacy Commissioner under the Privacy Act 1993 section 98 of that Act
e: Subject to paragraphs (b) and (c)
f: No party that receives, under the agreement, personal information about any individual from the competent institution of the other party may supply that information to any other country without the prior written consent of that competent institution or the individual concerned:
g: a party must supply the competent institution of the other party with any information required by that institution to answer any questions or to make any report or return required by a person or body authorised to monitor compliance with that party's privacy laws.
2: In relation to New Zealand, section 99(4) of the Privacy Act 1993 subsection (1)(d)
19D: Actions by chief executive under mutual assistance provisions
1: Where an Order in Council is made under section 19 section 19A(2)(a)
a: any social security debt of the other country may, in accordance with and subject to the provision and to the extent that it has not been recovered in the other country, be recovered by the chief executive under section 86(1D) of the Social Security Act 1964
b: any amount so recovered may, after the deduction of the costs of collection, be paid to the other country without any further appropriation than this paragraph.
2: For the purposes of subsection (1)(a) subparagraphs (i) to (iv) of section 19B(1)(a)
3: Where an Order in Council is made under section 19 section 19A(2)(b)
a: the chief executive may supply any information in the department's possession about any person to, or receive information about any person from, the competent institution of the other country in accordance with, and subject to, the provision:
b: the chief executive may from time to time, in accordance with arrangements made in an agreement with the Commissioner of Inland Revenue, supply any information received from the competent institution of the other country to the Commissioner for either or both of the purposes referred to in section 19C(1)(c)
c: if any information received from the competent institution of the other country under the provision has produced a discrepancy and the chief executive proposes to take action against an individual as a result, the chief executive must give that individual written notice—
i: specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and
ii: stating that the individual has 5 working days from the receipt of the notice in which to show cause why that action should not be taken:
d: the chief executive may not take any adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in paragraph (c)(ii)
e: sections 100 to 102 and 104 to 106 of the Privacy Act 1993
4: Nothing in paragraph (c) or paragraph (d) of subsection (3) subsection (3)(c)
5: Subsections (3) and (4) of section 103 of the Privacy Act 1993 subsection (3)(c)
6: Where the chief executive fails to comply, in relation to any individual, with the provisions of subsection (3)(c) Part VIII of the Privacy Act 1993 Part X of that Act
7: In this section, expressions defined in section 97 of the Privacy Act 1993
2: Amendments to other Acts
7: Amendments to Schedule 3 of Privacy Act 1993
Schedule 3 Privacy Act 1993
a: by omitting from the second column of the item relating to the Tax Administration Act 1994 and 85A 85A, and 85B
b: by adding the following item: Social Welfare (Transitional Provisions) Act 1990 section 19D(3)(b)
8: Amendments to Social Security Act 1964
1: Section 10A Social Security Act 1964 subsection (1)
1: This section applies to—
a: an applicant or beneficiary affected by a decision made by any person in the exercise of any power, function, or discretion conferred on the person by delegation under this Act, against which the applicant or beneficiary has a right of appeal under section 12J
b: an applicant, beneficiary, or other person in respect of whom a person makes any decision in the exercise of a power under section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990 section 12J
1A: A person to whom this section applies may apply in writing for a review of the decision to the appropriate district review committee established under this section.
1B: The application must be made—
a: within 3 months after receiving notification of the decision; or
b: if the committee considers there is good reason for the delay, within such further period as the committee may allow on application made either before or after the expiration of that period of 3 months.
2: Section 12J Social Security Act 1964 subsection (1)
1A: An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision—
a: that was made in relation to that person by the chief executive under the power conferred by section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990
b: that has been confirmed or varied by a benefits review committee under section 10A
3: The following enactments are repealed:
a: section 3 Social Security Amendment Act (No 4) 1997
b: so much of the Schedule of the Employment Services and Income Support (Integrated Administration) Act 1998 section 10A(1) Social Security Act 1964
9: New sections 85B and 85C inserted in Tax Administration Act 1994
The Tax Administration Act 1994 section 85A
85B: Disclosure of information for purposes of mutual assistance provision contained in social security agreement
1: The purpose of this section is to facilitate the exchange of information between the Inland Revenue Department and the department for the time being responsible for the administration of the Social Security Act 1964
2: For the purpose of this section, any authorised officer of the department for the time being responsible for the administration of the Social Security Act 1964
3: Where, in relation to any person, personal information is supplied in accordance with subsection (2)
4: For the purpose of this section, where the Commissioner has information relating to the person, the Commissioner may supply to an authorised officer—
a: any of the following information held by the Commissioner if that information is of a type specified in the agreement made under section 19C(1)(d) of the Social Welfare (Transitional Provisions) Act 1990
i: the street address of the person; and
ii: the name and street address of the last known employer of the person; and
iii: where the result of a comparison carried out under subsection (3)
iv: where the Commissioner knows the names and dates of birth of any dependent children of the person, those names and dates; and
b: any other information held by the Commissioner that is of a type specified in the agreement made under section 19C(1)(d) of the Social Welfare (Transitional Provisions) Act 1990
5: Where the Commissioner has supplied information under subsection (4) Social Security Act 1964
6: The provisions of this section apply despite any other provision of this Act.
7: In this section, unless the context otherwise requires,— authorised officer personal information social security agreement
a: in respect of which an Order in Council has been made under section 19 of the Social Welfare (Transitional Provisions) Act 1990
b: that contains a mutual assistance provision of a kind referred to in section 19A(2)(b) of that Act
85C: Use and supply of information supplied for purposes of section 85B
Where information is supplied to the Commissioner under section 85B(2)
a: may use that information for any of the following purposes:
i: the purposes set out in subsections (3) and (4) of that section
ii: making an assessment of the amount of tax due by any person:
iii: detecting tax fraud or tax evasion:
b: may not supply that information to any other country without the prior written consent of the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
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DLM79014
|
2000
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Weights and Measures Amendment Act 2000
|
1: Title
1: This Act is the Weights and Measures Amendment Act 2000.
2: In this Act, the Weights and Measures Act 1987 the principal Act
2: Commencement
1: Sections 4 to 9
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: First anniversary date
In sections 2(1) 4 5 first anniversary date
4: Goods to which amendments apply
The amendments to the principal Act in this Act apply to goods packaged on or after the first anniversary date.
5: Other goods
The principal Act, without the amendments in this Act, applies to goods packaged before the first anniversary date.
6: Interpretation
1: Section 2 catch weight goods
a: are enclosed in a package; and
b: cannot be portioned to a predetermined quantity because of their nature; and
c: are usually sold in varying quantities desiccating goods inadequate package section 41A lot of packages
a: are of the same kind; and
b: are of the same stated weight, measure, or number; and
c: are available for inspection at the same time and place Minister non-standard package section 41A
2: The definition of infringement offence section 2 16, 16A,
7: New sections 16 and 16A substituted
The principal Act is amended by repealing section 16
16: Offence to supply short weight, measure, or number
1: Every person commits an offence who, in selling any goods by weight, measure, or number, delivers or causes to be delivered to the purchaser a lesser quantity than corresponds with the price charged.
2: Every person commits an offence who, in purporting to sell any goods by weight, measure, or number, delivers or causes to be delivered to the purchaser a lesser quantity than that purported to be sold.
16A: Offence to supply weight, measure, or number not in accordance with stated quantity
1: The following definitions apply in this section:
a: in subsection (2) person
b: in subsection (2) goods
c: in subsection (3) goods
2: Every person commits an offence if the weight, measure, or number of the goods in the package is less than that stated on the package or label.
3: However, the weight, measure, or number of the goods in the package is deemed to be the same as that stated on the package or label if—
a: the package meets the conditions prescribed by regulations made under section 41A(1)(a)
b: the package is 1 package in a lot of packages that meets the conditions prescribed by regulations made under section 41A(1)(b)
4: A person charged with an offence against this section in respect of a package from a lot of packages containing desiccating goods has a defence if the person proves that, at any time on the day the package was made up or during the period of 7 days beginning on the day after the day the package was made up,—
a: the weighted average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 41A
b: the number of non-standard packages in any sample taken from the lot of packages was equal to or less than the appropriate number specified for the purpose in regulations made under section 41A
c: there were no inadequate packages in any sample taken from the lot of packages.
5: A person charged with an offence against this section in respect of a lot of packages containing desiccating goods also has a defence if the person proves that, at any time after the close of the period specified in subsection (4)
6: Section 67(8) of the Summary Proceedings Act 1957 subsection (3)
8: Infringement fee
Section 33A(a) section 16 section 16A
9: Court may order offender to make good any deficiency
1: Section 35 section 16 or section 16A
2: Section 35 paragraph (a)
a: if the offence was committed against section 16, to make good to the person in respect of whom the offence was committed (other than an Inspector), either in goods or in money, the deficiency between the quantity of goods actually delivered and that charged for or purported to be sold; or
aa: if the offence was committed against section 16A
10: New section 41A inserted
The principal Act is amended by inserting, after section 41
41A: Regulations for purposes of section 16A(3)
1: The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of section 16A(3)
a: prescribing the conditions that a package must meet in order for the weight, measure, or number of the goods in the package to be deemed to be the same as that stated on the package or on a label attached to the package; or
b: prescribing the conditions that a lot of packages must meet in order for the weight, measure, or number of the goods in each package in the lot to be deemed to be the same as that stated on any package in the lot or on a label attached to any package in the lot.
2: Regulations made under subsection (1)
a: prescribe—
i: the statistical basis or method by which packages must be selected for counting, examining, measuring, or weighing; and
ii: the statistical basis or method by which the minimum number of packages to be selected must be set; and
iii: the circumstances, if any, in which the minimum number of packages to be selected may be varied:
b: prescribe the maximum amount of error allowed in the weight, measure, or number of goods in a single selected package:
c: prescribe the maximum amount of error allowed in the weight, measure, or number of goods in a group of selected packages examined at one time:
d: prescribe formulas to determine the weight, measure, or number, and weighted values, of goods in a group of selected packages taken from a lot of packages. The formulas must be of such a kind as to ensure that all the packages in the lot of packages from which the group is taken contain, on average, the amount stated on any package in the lot or on any label attached to a package in the lot:
e: prescribe the number of packages that makes a group of packages for the purposes of paragraphs (c) and (d)
f: prescribe, in relation to any specified class of goods sold, or offered or exposed for sale, or in a person's possession for sale, in a package or a lot of packages, any requirements on the goods' weight, measure, or number after the period specified in section 16A(4)
3: The Minister must not make a recommendation under subsection (1)
4: The validity of any regulations made under this section is not affected if the Minister does not consult a particular individual or organisation or does not consult any individuals or organisations.
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DLM79573
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2000
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Pouakani Claims Settlement Act 2000
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1: Title
This Act is the Pouakani Claims Settlement Act 2000.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 March 2001 clause 2 Pouakani Claims Settlement Act Commencement Order 2001 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is—
a: to record the apology given by the Crown to the Pouakani people in the deed of settlement executed on 19 November 1999 by the then Minister in Charge of Treaty of Waitangi Negotiations, the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and the trustees of the Pouakani Claims Trust as the mandated representative of the Pouakani people; and
b: to give effect to certain provisions of that deed of settlement, being a deed that settles the Pouakani boundary claims and the Pouakani historical claims.
4: Act to bind the Crown
This Act binds the Crown.
1: Acknowledgements and apology by the Crown to the Pouakani people
5: Acknowledgements and apology
This Part records the acknowledgements and apology given by the Crown to the Pouakani people in the deed of settlement.
6: Text in Māori
The text of the acknowledgements and apology in Māori is as follows:
1: E rongo ana te Karauna i te mamae o ngā tāngata o Pouakani i te whakahaere o ngā Ture Whenua Māori i roto i tō rātou rohe.
2: E whakaae ana a te Karauna i hē te mahi me te pā mai o ngā Ture Whenua Māori ki ngā tāngata o Pouakani. Ko ēnei hē, e pā ana ki te āhua o te whakatakoto, o te whakatikatika me te hoko i ngā taitara ki ō rātou whenua, ā, e hāngai ana ki—
a: Te Ripa Tauārai Whakateuru o te Poraka Whenua o Pouakani:
b: Te Hē o Ngā Rūri:
3: E whakaae ana te Karauna, nā runga i te mea kāore i tiakina e ia ngāpānga whenua e hiahiatia ana e ngā tāngata o Pouakani kia pupuritia, i takahia e ia ngā mātāpono o te Tiriti o Waitangi
4: E mea ana te Karauna, kāore he ārikarika o tōna pōuri mō tana kore tiaki pai i ngā pānga whenua i hiahia nei ngā tāngata kāinga kia pupuritia.
5: Ka noho pōuri te Karauna mō ngā mahi hē e whakaaetia ana i mahia, ka mutu, ka whakataungia te take i waenganui i a ia me ngā tāngata o Pouakani, kia pai ai te ahu atu ki tētahi wā mahi tahi, mahi pai, tētahi ki tētahi.
7: Text in English
The text of the acknowledgements and apology in English is as follows:
1: The Crown acknowledges the sense of grievance felt by the Pouakani people in relation to the operation of the Native Land Laws in their rohe.
2: The Crown acknowledges that the operation and impact of the Native Land Laws caused the Pouakani people to suffer prejudice in their rohe, including through the manner in which the title to their lands was defined, rearranged and purchased, and in particular,—
a: Western Boundary of Pouakani Block: Native Land Court Acts Amendment Act 1889
b: Inaccuracies of Survey:
3: The Crown acknowledges that because it failed to protect the interests of the Pouakani people in the lands they wished to retain, that it has breached the principles of the Treaty of Waitangi
4: The Crown expresses its profound regret and apologises unreservedly to the Pouakani people for failing to protect their interests in the lands they wished to retain.
5: The Crown apologises for the acknowledged injustices so far as that is now possible and accordingly settles with the Pouakani people in order to enter into a new age of co-operation.
2: Interpretation
8: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 1998 No 97 s 7 1999 No 118 s 6
9: Interpretation of terms
In this Act, unless the context otherwise requires,— business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year, and ending with the close of 15 January in the following year; and
ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the days observed as the anniversaries of the provinces of Wellington and Auckland chief executive Chief Surveyor Crown
a: means Her Majesty the Queen in right of New Zealand; and
b: includes, all Ministers of the Crown and all departments deed of settlement
a: means the deed of settlement executed on 19 November 1999 by the then Minister in Charge of Treaty of Waitangi Negotiations, the Right Honourable Sir Douglas Arthur Montrose Graham, for the Crown, and the trustees of the Pouakani Claims Trust as the mandated representative of the Pouakani people; and
b: includes—
i: the attachments and schedules to the deed of settlement; and
ii: any amendments from time to time to the deed or to the attachments or to the schedules encumbrance Heritage New Zealand Pouhere Taonga section 6 Māori freehold land section 4 Minister Pouakani B9B Trust
a: means the trust known by that name created by an order of the Māori Land Court on 4 June 1986 (as substituted by a new trust order made by that court on 3 December 1991); and
b: includes that trust under any other name Pouakani Block Pouakani boundary claims section 11 Pouakani claimant
a: the Pouakani people:
b: 1 or more individuals, whanau, marae, or hapu of the Pouakani people:
c: the Pouakani governance entity:
d: the Pouakani Claims Trust:
e: a trustee of the Pouakani Claims Trust:
f: a person acting on behalf of any 1 or more persons or groups referred to in paragraphs (a) to (e):
g: a person acting on behalf of any 1 or more persons who comprise a part of, are beneficiaries of, or are members of, any 1 or more persons or groups referred to in paragraphs (a) to (e) Pouakani Claims Trust Pouakani Forest Pouakani governance entity Pouakani historical claims section 10 Pouakani people
a: the owners included in Schedule 1 of the deed of settlement, as identified by that court in a judgment dated 4 August 1891 and recorded in Waikato Minute Book, Volume 27, Folio 177 to 184 inclusive, Volume 28, Folio 2 to 27 and 32 to 34 inclusive; and
b: the descendants included in Schedule 2 of the deed of settlement, as identified by that court in an order dated 11 May 1959; and
c: any other person accepted by that court as being a descendant of the original owners of the Pouakani Block Pouakani recipient
a: to whom redress is provided, or property is transferred, under the deed of settlement; or
b: in whom property is vested under this Act Registrar settlement settlement date settlement property Section 9 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 9 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 9 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
10: Meaning of Pouakani historical claims
1: In this Act, Pouakani historical claims
a: all claims (whether or not researched, registered, or notified) made at any time by a Pouakani claimant and—
i: founded on rights arising from the Treaty of Waitangi
ii: arising from or relating to acts or omissions before 21 September 1992—
A: by or on behalf of the Crown; or
B: by or under legislation; and
b: all of the claims referred to in the Wai 33 and Wai 405 claims to the Waitangi Tribunal, including—
i: the claims of 27 March 1987; and
ii: the amended statement of claim of 23 October 1987 referred to in Appendix 2 of the Waitangi Tribunal Report 1993 (The Pouakani Report 1993 (Wai 33)); and
iii: the addendum to the amended statement of claim dated 27 April 1989 and referred to in Appendix 2 of the Waitangi Tribunal Report 1993; and
iv: the claims of 21 October 1993.
2: In this Act, Pouakani historical claims
11: Meaning of Pouakani boundary claims
In this Act, Pouakani boundary claims
a: the location or surveying of the external boundaries of the Pouakani Block, or the boundaries of its internal subdivisions; or
b: the ownership of that land and any resources within those boundaries as at the settlement date.
3: Settlement of claims
12: Settlement of Pouakani historical claims and Pouakani boundary claims to be final
1: The settlement of the Pouakani boundary claims and the Pouakani historical claims to be effected under the deed of settlement and this Act is final, and the Crown is released and discharged from any obligations, liabilities, and duties in respect of those claims.
2: Subsection (1) does not limit the acknowledgements expressed in, or any of the provisions of, the deed of settlement.
3: Despite any other enactment or rule of law, on and from the settlement date, no court, judicial body, or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: any or all of the Pouakani boundary claims and the Pouakani historical claims; or
b: the validity of the deed of settlement; or
c: the adequacy of the redress provided to the Pouakani governance entity and others under this Act or under the deed of settlement; or
d: this Act.
4: Subsection (3) does not exclude the jurisdiction of a court, judicial body, or tribunal in respect of the interpretation or implementation of the deed of settlement or this Act. 1998 No 97 s 461 1999 No 118 s 9
13: Jurisdiction of Waitangi Tribunal to consider claims
Section 13 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008
14: Enactments relating to protections for land subject to Pouakani historical claims and Pouakani boundary claims no longer to apply
1: Nothing in the enactments listed in subsection (2) applies in relation to any land (other than the land described in subsection (3))—
a: comprised in or formerly comprised in certificate of title 49D/847 (South Auckland Land District); or
b: described in SO Plan 61526.
2: The enactments are—
a: sections 8A to 8HA
b: the amendments made to the Treaty of Waitangi Act 1975 Part 4
c: sections 27A to 27C
d: sections 568 to 570
e: Part 3
3: Subsection (1) does not apply to the land described in ML Plan 14984. 1998 No 97 s 463 1999 No 118 s 11 Section 14(2)(d) replaced 1 August 2020 section 668 Education and Training Act 2020
15: Removal of resumptive memorials
1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar a certificate that identifies each certificate of title that—
a: relates solely to land referred to in section 14(1)(a) and (b)
b: contains a memorial entered under any of the enactments referred to in section 14(2)
2: Each certificate must state that it is issued under this section.
3: The Registrar must, as soon as reasonably practicable after receiving a certificate issued under subsection (1), and without fee to the registered proprietor or to the Pouakani governance entity,—
a: register the certificate against each certificate of title identified in the certificate; and
b: cancel each memorial that, under any of the enactments referred to in section 14(2)
4: Subsection (3) does not require the Registrar to note any duplicate certificate of title. 1998 No 97 s 464 1999 No 118 s 12
16: Crown may dispose of Pouakani Forest if forest not transferred to Pouakani governance entity
1: If the Pouakani Forest is not transferred to the Pouakani governance entity under clause 5.2 of the deed of settlement,—
a: the Crown may sell or otherwise dispose of the Pouakani Forest; and
b: the Minister for State Owned Enterprises and the Minister of Finance may, by notice in the Gazette Land Act 1948
2: This section applies despite anything in the Crown Forest Assets Act 1989
3: If the Pouakani Forest is sold or otherwise disposed of under this section it ceases to be Crown forest land within the meaning of section 2(1) 1998 No 97 s 38
17: Settlement for benefit of Pouakani people
1: The settlement is for the benefit of, and binding upon, the Pouakani people, and not for the benefit of any individual, particular whanau, particular marae, or particular hapu (except to the extent determined otherwise after the settlement date by the Pouakani governance entity in accordance with its governance procedures).
2: Subsection (1) does not apply to clause 7.2.4 of the deed of settlement or section 29 1998 No 97 s 467 1999 No 118 s 13 Miscellaneous
18: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16 1998 No 97 s 466 1999 No 118 s 14 Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18 amended 30 January 2021 section 161 Trusts Act 2019
4: General provisions as to transfer and vesting of settlement properties
19: Power to transfer settlement properties
1: For the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do 1 or more of the following:
a: transfer the fee simple estate in any settlement property to a Pouakani recipient:
b: sign a memorandum of transfer, or any other document, or do any other thing for the purposes of such a transfer.
2: In exercising the powers conferred by subsection (1), the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the sale or other disposition of the settlement property.
3: If the fee simple estate in the Pouakani Forest is transferred to a Pouakani recipient, the Pouakani Forest ceases to be Crown forest land within the meaning of section 2(1)
4: If an action is required to be undertaken by the Registrar under this Act, it is without fee to the registered proprietor or to the Pouakani recipient. 1998 No 97 s 20(1)–(3) 1999 No 118 s 15(1)–(3)
20: Application of other enactments
1: Nothing in section 11 Part 10
a: the transfer or vesting of a settlement property for the purpose of giving effect to the deed of settlement; or
b: any matter incidental to, or required for the purpose of, the transfer or vesting of a settlement property for the purpose of giving effect to the deed of settlement.
2: Neither this Act nor any transfer or vesting of the fee simple estate in a settlement property under this Act, limits section 10 section 11
3: The transfer or vesting of the fee simple estate in a settlement property under this Act is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 1998 No 97 s 45
21: Issue of certificates of title
1: Subsection (2) applies if the fee simple estate in any settlement property for which no certificate of title has been issued or currently exists under the Land Transfer Act 1952
a: is vested in, or held by, the Crown; but
b: is to be transferred to, or vested in, a Pouakani recipient under the deed of settlement.
2: If this subsection applies, then, despite any other enactment or rule of law, the Registrar must, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 1998 No 97 s 46
5: Transfer and vesting of settlement properties
1: Settlement of Pouakani historical claims
Transfer of Pouakani forest
22: Crown may sell Crown forestry assets
1: The Crown may sell Crown forestry assets for the purpose of giving effect to the deed of settlement.
2: This section applies despite anything in the Crown Forest Assets Act 1989
3: In this section, Crown forestry assets section 2(1)
23: Covenant to complete survey work
1: Despite any enactment or rule of law, the covenant granted under paragraph 3.3 of attachment 5.4 of the deed of settlement—
a: must be registered by the Registrar under section 126A
b: whether registered or not, has effect and is enforceable even if the covenant is positive and there is no dominant tenement.
2: Despite anything in the Land Transfer Act 1952
a: the Minister may request the Registrar to register the covenant under that Act by constituting it a folium in the register book; and
b: the Registrar must register the covenant accordingly. 1998 No 97 s 39
24: Section 24H(6) of Conservation Act 1987 to apply
1: Section 24H(6)
a: the Pouakani governance entity were the holder of a Crown forestry licence under the Crown Forest Assets Act 1989
b: the Minister of Conservation had appointed the Pouakani governance entity to be the manager of the marginal strip.
2: In this section, marginal strip section 2(1)
25: Minister of Conservation may grant easements
1: The Minister of Conservation may grant any easement required to enable the Crown to comply with paragraphs 3.4.3 and 3.5 of attachment 5.4 to the deed of settlement.
2: An easement granted under subsection (1)—
a: is registrable under section 17ZA(2)
b: is enforceable in accordance with its terms, despite Part 3B 1998 No 97 s 41
26: Permission of council not required to form private road or private way
The permission of a council (within the meaning of Part 21 1998 No 97 s 20(7)
27: Preservation order cancelled
1: The order of the High Court dated 28 August 1987 made in relation to the proceedings Attorney-General for and on behalf of the Department of Conservation v J H Paki & Others of the Pouakani B9B Trust
2: In this section, effective date
a: the selection date (as defined by clause 5.1 of the deed of settlement) if the Pouakani governance entity has not given notice under clause 5.2.3 of the deed of settlement by that date; or
b: the transfer date (as defined by clause 5.1 of the deed of settlement) if the Pouakani governance entity has given that notice.
2: Settlement of Pouakani boundary claims
Confirmation of western boundary of Pouakani Block
28: Confirmation of western boundary of Pouakani Block
1: The western boundary of the Pouakani Block as defined in section 29 of the Native Land Court Acts Amendment Act 1889 (as confirmed by the 1996 decision of the Maori Land Court (6 December 1996, Gisborne, 68 Taupo minute book 122 A-L)) is confirmed.
2: Despite subsection (1), the survey of the western boundary of the Pouakani Block as approved by the Native Land Court in 1891 is valid in so far as the survey determined, or has been relied upon for, the internal subdivisions within the Pouakani Block and the Maraeroa Block.
3: The ownership by the Crown of the area of land described in subsection (4) is confirmed and is not affected by this section.
4: For the purposes of subsection (3), the area of land is the area of land (other than the land referred to in subsection (5)) within—
a: the western boundary of the Pouakani Block as defined in section 29 of the Native Land Court Acts Amendment Act 1889 (as confirmed by the 1996 decision of the Maori Land Court (6 December 1996, Gisborne, 68 Taupo minute book 122 A-L)); and
b: the western boundary of the Pouakani Block as approved by the Native Land Court in 1891.
5: The existing ownership of the land comprised in certificate of title 44C/4 (South Auckland Land District), as at 19 November 1999, is confirmed and is not affected by this section. Pouakani B9B Block
29: Pouakani B9B Block
1: The boundaries of Block B9B are shown on ML Plan 22432.
2: In this section and in section 30 Block B9B
30: Issue of certificate of title for Block B9B
1: The Registrar must issue a certificate of title under the Land Transfer Act 1952
2: The certificate of title must be issued as soon as reasonably practicable after the date of vesting under section 31(1)(b)
a: 12 months after the date of vesting under section 31(1)(b)
b: such later date as may be agreed to in writing between the Pouakani governance entity and the Crown.
3: Subject to subsection (4), that certificate of title must include—
a: a sufficient description of any easement, mortgage, or other registrable or notifiable encumbrance over Block B9B; and
b: a memorial containing—
i: a brief description of the rights, powers, terms, covenants, conditions, and restrictions attaching to it; and
ii: a reference to the notice supplied by the Minister under subsection (5).
4: An encumbrance that is not registrable under the Land Transfer Act 1952
5: The Minister must supply the Registrar with a notice, containing a description of any registrable or notifiable encumbrances subject to which, or with the benefit of which, the land for which a certificate of title is to be issued under subsection (1) is vested, or advising that there are no such encumbrances—
a: as soon as reasonably practicable after the coming into force of this Act; and
b: in any case, in sufficient time to enable the Registrar to carry out the functions of the Registrar under this section. Vesting of stewardship land
31: Stewardship land vested in Pouakani governance entity
1: On the settlement date or on the date that the Chief Surveyor approves the plan of the boundaries of the stewardship land, whichever occurs later,—
a: the stewardship land ceases to be a conservation area for the purposes of the Conservation Act 1987
b: the fee simple estate in the stewardship land is vested in the Pouakani governance entity as Māori freehold land, subject to those encumbrances disclosed by the Crown to the Pouakani Claims Trust under clause 6.5.10(a) of the deed of settlement.
2: In this section and in section 32 stewardship land
32: Issue of certificate of title for stewardship land
1: The Registrar must issue a certificate of title under the Land Transfer Act 1952
2: The certificate of title must be issued as soon as reasonably practicable after the date of vesting under section 31(1)(b)
a: 12 months after the date of vesting under section 31(1)(b)
b: such later date as may be agreed to in writing between the Pouakani governance entity and the Crown.
3: Subject to subsection (4), that certificate of title must include—
a: a sufficient description of any easement, mortgage, or other registrable or notifiable encumbrance over the stewardship land; and
b: a memorial containing—
i: a brief description of the rights, powers, terms, covenants, conditions, and restrictions attaching to it; and
ii: a reference to the notice supplied by the Minister under subsection (5).
4: An encumbrance that is not registrable under the Land Transfer Act 1952
5: The Minister must supply the Registrar with a certificate, containing a description of any registrable or notifiable encumbrances subject to which, or with the benefit of which, the land for which a certificate of title is to be issued under subsection (1) is vested, or advising that there are no such encumbrances—
a: as soon as reasonably practicable after the coming into force of this Act; and
b: in any case, in sufficient time to enable the Registrar to carry out the functions of the Registrar under this section.
6: Cultural redress
33: Interpretation
1: In this Part and in Schedule 2 Schedule 3 consent authority section 2(1) Crown MOU land Crown-owned area of Titiraupenga Schedule 3 effective date memorandum of understanding sections 43 to 47 MOU land resource consent section 87 statement of joint aspirations Schedule 2 statutory acknowledgement section 35 sections 35 to 42 and 48 to 50 Titiraupenga
2: The references to the plan included in Schedule 3 Statement of joint aspirations
34: Statement of joint aspirations
The Crown gives jointly with the Pouakani people the statement of joint aspirations contained in Schedule 2 Statutory acknowledgement
35: Statutory acknowledgement by the Crown
The Crown acknowledges the statements made by the Pouakani people of the particular cultural, spiritual, historic, and traditional association of the Pouakani people with the Crown-owned area of Titiraupenga, the text of which is set out in Schedule 3 1998 No 97 s 206
36: Purposes of statutory acknowledgement
Without limiting sections 48 to 50
a: to require that consent authorities forward summaries of resource consent applications to the Pouakani governance entity as required by regulations made under section 37
b: to require that consent authorities, Heritage New Zealand Pouhere Taonga sections 38 to 40
c: to enable the Pouakani governance entity and any member of the Pouakani people to cite the statutory acknowledgement as evidence of the association of the Pouakani people to the Crown-owned area of Titiraupenga, as provided in section 41 1998 No 97 s 215 Section 36(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
37: Distribution of applications to Pouakani governance entity
1: The Governor-General may, by Order in Council and on the recommendation of the Minister for the Environment, make regulations, as contemplated by clause 3.2.2 of the deed of settlement,—
a: providing for consent authorities to forward to the Pouakani governance entity a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on the Crown-owned area of Titiraupenga; and
b: providing for the Pouakani governance entity to waive its rights to be notified under such regulations.
2: Nothing in regulations made under this section affects in any way the discretion of a consent authority as to—
a: whether to notify an application under sections 93 to 94C
b: whether the Pouakani governance entity may be adversely affected
3: Regulations under this section are secondary legislation ( see Part 3 1998 No 97 s 207 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(2)(a) amended 1 August 2003 section 106(1)(a) Resource Management Amendment Act 2003 Section 37(2)(b) amended 1 August 2003 section 106(1)(b) Resource Management Amendment Act 2003 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Consent authorities must have regard to statutory acknowledgments
From the effective date, and without derogation from its obligations under Part 2 sections 93 to 94C Section 38 substituted 1 August 2003 section 106(2) Resource Management Amendment Act 2003
39: Environment Court to have regard to statutory acknowledgement under section 274 of Resource Management Act 1991
From the effective date, and without derogating from its obligations under Part 2 section 274 1998 No 97 s 209
40: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 40 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
41: Use of statutory acknowledgement with submissions
1: The Pouakani governance entity and any member of the Pouakani people may, as evidence of the Pouakani people’s association with the Crown-owned area of Titiraupenga, cite the statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
2: The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
a: consent authorities; and
b: the Environment Court; and
c: Heritage New Zealand Pouhere Taonga; and
d: parties to proceedings before those bodies; and
e: any other person able to participate in those proceedings.
3: Despite subsection (2) the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: Subsections (2) and (3) are for the avoidance of doubt.
5: Neither the Pouakani governance entity nor any member of the Pouakani people is precluded from stating that the Pouakani people have an association with the Crown-owned area of Titiraupenga that is not described in the statutory acknowledgement.
6: The content and existence of the statutory acknowledgement do not derogate from a statement made under subsection (5). 1998 No 97 s 211 Section 41(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 41(2)(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
42: Recording of statutory acknowledgement on statutory plans
1: Local authorities with jurisdiction in respect of the Crown-owned area of Titiraupenga must attach information recording the statutory acknowledgement to—
a: all regional policy statements, regional plans, district plans, and proposed plans (as defined in section 2
i: cover, wholly or partly, the Crown-owned area of Titiraupenga; and
ii: are prepared under the Resource Management Act 1991
b: all proposed policy statements, of the kind referred to in Schedule 1
i: cover, wholly or partly, the Crown-owned area of Titiraupenga; and
ii: are prepared under the Resource Management Act 1991
2: The attachment of information under subsection (1) to a document referred to in that subsection—
a: may be by way of reference to this Part or by setting out the statutory acknowledgement in full; and
b: is for the purpose of public information only, and the information is neither part of the document (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1 1998 No 97 s 220 Memorandum of understanding
43: Authorisation to enter into and amend memorandum of understanding
1: The Minister of Conservation (as the Minister of the Crown responsible for the management or administration of the Crown MOU land) has power to enter into, and amend, the memorandum of understanding.
2: The memorandum of understanding may be amended only by written agreement between the Minister of Conservation and the Pouakani governance entity. 1998 No 97 s 212
44: Alienation of land terminates memorandum of understanding
1: In the event that any Crown MOU land is alienated by the Crown, the memorandum of understanding is automatically terminated in so far as it applies to the land that has been alienated.
2: In this section, alienated
a: is no longer responsible for the management of the land; and
b: has either—
i: transferred the estate in fee simple in the land to a person who is not a party to the deed of settlement; or
ii: granted a new lease over the land to a person who is not a party to the deed of settlement, the term of the lease (including any right of renewal or extension) being at least 50 years. 1998 No 97 s 214
45: Memorandum of understanding subject to Crown obligations
The memorandum of understanding and any amendments to it are entered into subject to, and without restriction on,—
a: the obligations of the Minister of Conservation, the Director-General of Conservation, and the Department of Conservation to discharge their respective powers, duties, and functions in accordance with existing law and government policy from time to time; and
b: the Crown’s powers to amend policy and to introduce legislation amending existing law. 1998 No 97 s 283 1999 No 118 s 19
46: Enforceability of memorandum of understanding
1: The Minister of Conservation must comply with the memorandum of understanding as long as it remains in force.
2: If the Minister of Conservation fails unreasonably to comply with the memorandum of understanding, the Pouakani governance entity may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages are not available as a remedy for failure to comply with the memorandum of understanding. 1998 No 97 s 285(1)–(3) 1999 No 118 s 21(1), (2), (4)
47: Noting of memorandum of understanding
1: The existence of the memorandum of understanding, as amended from time to time, and a summary of the terms of the memorandum must be noted in all conservation management strategies and conservation management plans that affect the MOU land.
2: Noting of the memorandum of understanding under this section is for the purpose of public notice only, and is not an amendment to a strategy or plan for the purpose of section 17I 1998 No 97 s 284 1999 No 118 s 20 Effect of statement of joint aspirations, statutory acknowledgement, and memorandum of understanding
48: Exercise of powers, duties, and functions
Except as expressly provided in sections 36 38 to 41
a: neither the statutory acknowledgement nor the statement of joint aspirations affects, or may be taken into account in, the exercise of a power, duty, or function by a person or entity under a statute, regulation, or bylaw; and
b: without limiting paragraph (a), no person or entity, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to the Pouakani people’s association with the Crown-owned area of Titiraupenga or aspirations for Titiraupenga (as described in the statutory acknowledgement or the statement of joint aspirations, as the case may be) than that person or entity would give under the relevant statute, regulation, or bylaw if—
i: no statutory acknowledgement existed in respect of the Crown-owned area of Titiraupenga; and
ii: no statement of joint aspirations existed in respect of Titiraupenga. 1998 No 97 s 217
49: Rights not affected
Except as expressly provided in sections 34 to 42 48 50 1998 No 97 s 218
50: Limitation of rights
Except as expressly provided in sections 34 to 49 1998 No 97 s 219 Amendment to Resource Management Act 1991
51: Amendment to Resource Management Act 1991
Amendment(s) incorporated in the Act(s)
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DLM80050
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2000
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New Zealand Public Health and Disability Act 2000
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1: Title
This Act is the New Zealand Public Health and Disability Act 2000.
1: Preliminary provisions
2: Commencement
1: Sections 8 106 114
2: The rest of this Act comes into force on 1 January 2001.
3: Purpose
1: The purpose of this Act is to provide for the public funding and provision of personal health services, public health services, and disability support services, and to establish new publicly-owned health and disability organisations, in order to pursue the following objectives:
a: to achieve for New Zealanders—
i: the improvement, promotion, and protection of their health:
ii: the promotion of the inclusion and participation in society and independence of people with disabilities:
iii: the best care or support for those in need of services:
b: to reduce health disparities by improving the health outcomes of Maori and other population groups:
c: to provide a community voice in matters relating to personal health services, public health services, and disability support services—
i: by providing for elected board members of DHBs:
ii: by providing for board meetings and certain committee meetings to be open to the public:
iii: by providing for consultation on strategic planning:
d: to facilitate access to, and the dissemination of information to deliver, appropriate, effective, and timely health services, public health services and programmes, both for the protection and the promotion of public health, and disability support services.
2: The objectives stated in subsection (1) are to be pursued to the extent that they are reasonably achievable within the funding provided.
3: To avoid any doubt, nothing in this Act—
a: entitles a person to preferential access to services on the basis of race; or
b: limits section 73
4: In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to promote the integration of all health services, especially primary and secondary services.
5: In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to provide for health services to be organised at either a local, regional, or national level depending on the optimum arrangement for the most effective delivery of properly co-ordinated health services.
4: Treaty of Waitangi
In order to recognise and respect the principles of the Treaty of Waitangi Part 3
5: Outline
1: In general terms, this Act relates to, and reorganises, the public health and disability sector.
2: Ministerial responsibilities ( Part 2
a: determining health and disability strategies ( section 8
b: negotiating and entering into agreements under which the Crown provides a person money in return for the person providing or arranging for the provision of health services or disability support services ( section 10
c: establishing and appointing committees ( section 11
i: a national advisory committee on health and disability ( section 13
ii: a health workforce advisory committee ( section 15
iii: a national advisory committee on health and disability support services ethics ( section 16
iv: mortality review committees ( section 18 Schedule 5
3: District Health Boards ( DHBs Part 3 Schedules 1 to 3 HHSs Part 7
a: have boards that include members elected by the community and representation of Maori:
b: will provide, or fund the provision of, health services and disability support services:
c: have the objective of reducing health disparities by improving health outcomes for Maori and other New Zealanders:
d: are statutory entities
e: are accountable in a number of ways ( under the Crown Entities Act 2004 sections 38 to 42 plans prepared under section 38
4: The board of each DHB must have 3 permanent advisory committees (the community and public health advisory committee, disability support advisory committee, and hospital advisory committee ( sections 34 to 36 Schedule 4 Schedule 3— clause 38(1)
5: A statutory entity Pharmac Part 4— sections 46 to 53 sections 61 to 69 Schedule 6 Part 7
6: A statutory entity called the New Zealand Blood and Organ Service ( NZBOS sections 54 to 56 61 to 69 Schedule 6
7: A Crown entity called the Health Promotion Agency ( HPA sections 57 to 59
7A: A statutory entity called the Health Quality and Safety Commission ( HQSC Part 4— sections 59A to 59E 60 61 66 67 69 Schedule 6
8: Inquiry boards may be appointed by the Minister of Health to conduct an inquiry into, and report to the Minister on, matters like the funding or provision of health services or disability support services, or the management of any publicly-owned health and disability organisation ( Part 5— sections 72 to 86
9: The Health Funding Authority ( HFA Part 7
10: Subsections (1) to (9) are only a guide to the general scheme and effect of this Act. Section 5(3)(d) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(3)(e) amended 24 February 2011 section 4(1) New Zealand Public Health and Disability Amendment Act 2010 Section 5(3)(e) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(6) replaced 30 November 2020 section 14 Organ Donors and Related Matters Act 2019 Section 5(7) replaced 1 July 2012 section 4 New Zealand Public Health and Disability Amendment Act 2012 Section 5(7A) inserted 9 November 2010 section 4(2) New Zealand Public Health and Disability Amendment Act 2010
6: Interpretation
1: In this Act, unless the context otherwise requires,— board board committee clause 38(1) board member community and public health advisory committee section 34 conflict of interest DHB
a: the person's interest in a transaction (within the meaning of subsection (2)) of the DHB
b: the person's interest that would, if the person were a member of the board of the DHB DHB
c: to avoid any doubt, the employment or engagement of the person, or of the person's spouse or partner DHB Crown Crown entity subsidiary the second column of section 7(1)(c) Crown funding agreement section 10 DHB section 19 Director-General Public Service Act 2020 disability support advisory committee section 35 disability support services
a: provided to people with disabilities for their care or support or to promote their inclusion and participation in society, and independence; or
b: provided for purposes related or incidental to the care or support of people with disabilities or to the promotion of the inclusion and participation in society, and independence of such people eligible people section 103 good employer section 118 health practitioner
a: has the same meaning as in section 5(1)
b: includes—
i: a former health practitioner within the meaning of that section; and
ii: a person who is receiving training or gaining experience under the supervision of a health practitioner health professional body section 5(1) health services hospital advisory committee section 36 HPA section 57 HQSC section 59A(1) inquiry board section 72(1) Maori sections 29(4) 34 35 36 clause 38(2) Minister Ministry of Health public service monitor section 23(1)(i) section 25
a: means to analyse on the basis of information provided under any relevant agreement and any other relevant substantiated information; and
b: includes assessing the timeliness of provision of information required to be provided under any agreement New Zealand disability strategy section 8(2) New Zealand health strategy section 8(1) NZBOS section 54 partner spouse or partner personal health personal health services Pharmac section 46 pharmaceutical pharmaceutical schedule provider public health
a: the people of New Zealand; or
b: a community or section of such people public health services
a: regulatory functions relating to health or disability matters; and
b: health protection and health promotion services; and
c: goods, services, and facilities provided for related or incidental functions or purposes publicly available publicly-owned health and disability organisation NZBOS HPA resident population Schedule 1 service agreement section 25 services
a: health services; and
b: disability support services; and
c: services provided to a person who has requested assisted dying under the End of Life Choice Act 2019 statement of intent the Crown Entities Act 2004 section 42 section 67 transaction DHB
a: the exercise or performance of a function, duty, or power of the DHB
b: an arrangement, agreement, or contract to which the DHB
c: a proposal that the DHB
2: For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee of such board or a delegate of such board is interested in a transaction
a: is a party to, or will derive a financial benefit from, the transaction; or
b: has a financial interest in another party to the transaction; or
c: is a director, member, official, partner, or trustee of another party to, or person who will or may derive a financial benefit from, the transaction, not being a party that is—
i: the Crown; or
ii: a publicly-owned health and disability organisation; or
iii: a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
d: is the parent, child, spouse or partner
e: is otherwise directly or indirectly interested in the transaction.
3: A person is not interested in a transaction for the purposes of subsection (2)—
a: 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 this Act or another Act; or
b: because he or she receives remuneration or other benefits authorised under this Act or another Act. Section 6(1) annual plan repealed 24 February 2011 section 5(1) New Zealand Public Health and Disability Amendment Act 2010 Section 6(1) board amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) CHFA repealed 1 July 2012 section 5(1) New Zealand Public Health and Disability Amendment Act 2012 Section 6(1) conflict of interest amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) conflict of interest amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) conflict of interest amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) conflict of interest amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 6(1) conflict of interest amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 6(1) Director-General amended 7 August 2020 section 135 Public Service Act 2020 Section 6(1) district strategic plan repealed 24 February 2011 section 5(1) New Zealand Public Health and Disability Amendment Act 2010 Section 6(1) eligible people amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) good employer substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) health practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) health professional body inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) HPA inserted 1 July 2012 section 5(3) New Zealand Public Health and Disability Amendment Act 2012 Section 6(1) HQSC inserted 9 November 2010 section 5(2) New Zealand Public Health and Disability Amendment Act 2010 Section 6(1) Ministry of Health amended 7 August 2020 section 135 Public Service Act 2020 Section 6(1) NZBOS inserted 30 November 2020 section 15(1) Organ Donors and Related Matters Act 2019 Section 6(1) NZBS repealed 30 November 2020 section 15(1) Organ Donors and Related Matters Act 2019 Section 6(1) partner inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 6(1) publicly-owned health and disability organisation amended 30 November 2020 section 15(2) Organ Donors and Related Matters Act 2019 Section 6(1) publicly-owned health and disability organisation amended 1 July 2012 section 5(2) New Zealand Public Health and Disability Amendment Act 2012 Section 6(1) publicly-owned health and disability organisation amended 9 November 2010 section 5(3) New Zealand Public Health and Disability Amendment Act 2010 Section 6(1) RHMU repealed 17 May 2005 section 5(1) New Zealand Public Health and Disability Amendment Act 2005 Section 6(1) services replaced 6 November 2021 section 41 End of Life Choice Act 2019 Section 6(1) sitting day repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) spouse repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 6(1) statement of intent amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) subsidiary repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) transaction amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) transaction amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) transaction amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) transaction amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2)(d) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 6(3) added 25 January 2005 section 200 Crown Entities Act 2004
7: Act to bind the Crown
This Act binds the Crown.
2: Responsibilities of Minister
8: Health and disability strategies
1: The Minister must determine a strategy for health services, called the New Zealand health strategy, to provide the framework for the Government's overall direction of the health sector in improving the health of people and communities; and the Minister may amend or replace that strategy at any time.
2: The Minister of the Crown who is responsible for disability issues must determine a strategy for disability support services, called the New Zealand disability strategy, to provide the framework for the Government's overall direction of the disability sector in improving disability support services; and may amend or replace that strategy at any time.
3: Before determining the New Zealand health strategy or the New Zealand disability strategy, or amending or replacing either of them, the relevant Minister must consult any organisations and individuals that the Minister considers appropriate.
4: The relevant Minister must in each year report on progress in implementing the New Zealand health strategy or the New Zealand disability strategy, as the case may require.
5: The relevant Minister must make publicly available, and present to the House of Representatives, a copy of any strategy, amendment, replacement, or report as soon as practicable after the strategy, amendment, replacement, or report has been determined or made under this section.
9: Strategies for standards and quality assurance programmes
1: The Minister must, as soon as reasonably practicable after the commencement of this section, determine a strategy for the development and use of—
a: nationally consistent standards and quality assurance programmes for health services and consumer safety; and
b: nationally consistent performance monitoring of health services and consumer safety against those standards and programmes.
2: Before determining the strategy, or amending or replacing it, the Minister must consult any organisations that the Minister considers appropriate.
3: The Minister must in each year report on progress in implementing the strategy.
4: The Minister must make publicly available, and present to the House of Representatives, a copy of any strategy, amendment, replacement, or report as soon as practicable after the strategy, amendment, replacement, or report has been determined or made.
10: Crown funding agreements
1: In this Act, Crown funding agreement
2: The Minister may, on behalf of the Crown,—
a: negotiate and enter into a Crown funding agreement containing any terms and conditions that may be agreed; and
b: negotiate and enter into an agreement that amends a Crown funding agreement; and
c: monitor performance under a Crown funding agreement.
2A:
3: Except to the extent that the Minister determines by written notice to the Ministry of Health, the Ministry of Health may exercise the Minister's powers under subsection (2) on the Minister's behalf.
4: Nothing in this section limits section 39 section 64
5: As soon as practicable after giving a notice under subsection (3), the Minister must publish a copy of the notice in the Gazette
6: Section 10(2A) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 10(6) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
11: Ministerial committees
1: The Minister may by written notice—
a: establish any committee that the Minister considers necessary or desirable for any purpose relating to this Act or its administration or to any services; and
b: appoint any person to be a member or chairperson of the committee; and
c: terminate the committee or the appointment of a member or chairperson of the committee.
2: Every committee established under this section (other than the committees referred to in sections 13 to 16
3: Every committee established under this section—
a: consists of such members as the Minister determines; and
b: may, subject to any written directions that the Minister gives to the committee, regulate its procedure in any manner that the committee thinks fit.
4: Each member of a committee established under this section is appointed on any terms and conditions (including terms and conditions as to remuneration and travelling allowances and expenses) that the Minister determines by written notice to the member.
5: Nothing in this section or in sections 13 to 16 Section 11(2) amended 23 April 2011 section 6(1) New Zealand Public Health and Disability Amendment Act 2010 Section 11(5) amended 23 April 2011 section 6(2) New Zealand Public Health and Disability Amendment Act 2010
12: Information about committees to be made public
1: As soon as practicable—
a: after giving a notice establishing any committee under section 11
i: the name of the committee; and
ii: the number of members of the committee:
b: after giving a notice appointing any person to be a member or chairperson of a committee established under section 11
i: the name of the chairperson of the committee; and
ii: the names of the members of that committee.
2: As soon as practicable after giving a notice terminating any committee established under section 11
a: the name of the committee terminated; and
b: the reason or reasons for the termination of the committee.
3: As soon as practicable after giving a notice under section 11(2)
a: the functions of the committee; and
b: any other terms of reference or directions (other than directions as to procedure).
4: As soon as practicable after giving, under section 11(3)(b)
5: In every annual report of the Ministry of Health, the Ministry must—
a: give the following information in respect of every committee established under section 11
i: the name of the committee:
ii: the name of the chairperson of the committee:
iii: the name of every member of the committee; and
b: indicate whether there is a committee established under section 11
13: National advisory committee on health and disability
1: The Minister may appoint a committee established under section 11
a: the kinds, and relative priorities, of public health services, personal health services, and disability support services that should, in the committee's opinion, be publicly funded; and
b: other matters relating to public health, including—
i: personal health matters relating to public health; and
ii: regulatory matters relating to public health; and
c: any other matters that the Minister specifies by notice to the committee.
2: The advice given by the committee to the Minister under subsection (1) is to be formulated after consultation by the committee with any members of the public, persons involved in the provision of services, and other persons that the committee considers appropriate.
3: The committee must, at least once each year, deliver to the Minister a report setting out its advice on the matters referred to in subsection (1)(a) and (b).
4: As soon as practicable after giving a notice under subsection (1)(c) or receiving a report under subsection (3), the Minister must present a copy of the notice or report to the House of Representatives.
14: Public health advisory committee
1: The national advisory committee on health and disability must establish a committee called the public health advisory committee to provide independent advice to the Minister and to the national advisory committee on health and disability on the following matters:
a: public health issues, including factors underlying the health of people and communities:
b: the promotion of public health:
c: the monitoring of public health:
d: any other matters the national advisory committee on health and disability specifies by notice to the committee.
2: The advice given by the public health advisory committee is to be formulated after consultation by the committee with any interested organisation or individual that the committee considers appropriate.
3: The Minister must make publicly available, and present to the House of Representatives, a copy of any advice given by the public health advisory committee.
15: Health workforce advisory committee
1: The Minister may appoint a committee established under section 11
2: The advice given by the committee to the Minister under subsection (1) is to be formulated after consultation by the committee with persons involved in the provision of services and any other persons that the committee considers appropriate.
3: As soon as practicable after giving a notice under subsection (1), the Minister must present a copy of the notice to the House of Representatives.
4: The committee must, at least once a year, deliver to the Minister a report setting out its advice on the matters referred to it under subsection (1).
5: As soon as practicable after receiving a report under subsection (4), the Minister must present a copy of the report to the House of Representatives.
16: National advisory committee on health and disability support services ethics
1: The Minister must, by written notice, appoint a national advisory committee on the ethics governing health and disability support services for the purpose of obtaining advice on ethical issues of national significance in respect of any health and disability matters (including research and health services).
2: The national advisory committee appointed under subsection (1) must determine nationally consistent ethical standards across the health sector and provide scrutiny for national health research and health services.
3: For the purpose of obtaining advice on specific ethical issues of national, regional, or public significance in respect of any health or disability matters, the Minister may, by written notice, appoint any 1 or more of the following committees:
a: 1 or more committees established under section 11
b: the ethics committee of the Health Research Council established under section 24 to consider matters specified by the Minister and to report to the Minister or a person specified by the Minister.
4: Before a committee appointed under subsection (1) or subsection (3) gives advice, the committee must consult with any members of the public, persons involved in the funding or provision of services, and other persons that the committee considers appropriate.
5: As soon as practicable after giving a notice under subsection (1) or subsection (3), the Minister must present a copy of the notice to the House of Representatives.
6: Any committee appointed under this section must, at least once a year, deliver to the Minister a report setting out its activities and summarising its advice on the matters referred to it under this section.
7: As soon as practicable after receiving a report under subsection (6), the Minister must present a copy of the report to the House of Representatives.
17: National health epidemiology and quality assurance advisory committee
Section 17 repealed 23 April 2011 section 7 New Zealand Public Health and Disability Amendment Act 2010
18: Mortality review committees
Section 18 repealed 23 April 2011 section 7 New Zealand Public Health and Disability Amendment Act 2010
3: District Health Boards
19: Establishment of DHBs
1: This section establishes each of the organisations named in column 1 of Schedule 1
2: Schedule 1
3: The Governor-General may, by Order in Council, divide any geographical area specified in Schedule 1
a: the boundaries of each constituency, whether by reference to a current or former local government unit or otherwise; and
b: the number of members of the board of the DHB that are to be elected by the electors of each constituency.
4: An Order in Council under this section may not take effect in the period commencing after 30 April in a year in which triennial elections under the Local Electoral Act 2001
a: alters a geographical area specified in Schedule 1
b: divides such an area into constituencies; or
c: alters a constituency; or
d: changes the number of members to be elected by the electors of a constituency.
5: With the written permission of the Minister, a DHB may adopt an operating name that is different from the name of the DHB specified in Schedule 1
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(4) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 19(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: Process for restructuring geographical areas of DHBs
1: Whenever, at any time after 31 December 2001, the Minister or 1 or more DHBs or any other person proposes to alter the geographical area of any DHB, the Minister, or DHBs, or other person must consult with the public in the area affected.
2: The consultation under subsection (1) must include—
a: producing a discussion document explaining the proposed change, and including a discussion of any advantages or disadvantages that may flow from the implementation of the proposal; and
b: giving the public in the area affected and in other parts of New Zealand that may be affected an opportunity to make submissions on the proposal.
3: Before the proposal is finalised, the person who issued the discussion document must—
a: fully consider any submissions received in response to the document; and
b: publish in any affected area an analysis of the submissions and the person's conclusions and recommendations on the proposal.
4: A person (other than the Minister) who prepares a discussion document or publishes a report of the kind referred to in subsection (3) must deliver a copy of the discussion document or the report to the Minister, as soon as practicable after the preparation of the document or report.
5: As soon as practicable after issuing or receiving a copy of a discussion document or report under this section, the Minister must present to the House of Representatives a copy of the document or report.
6: No Order in Council that alters the geographical area of a DHB may be made under section 19
21: Application of Crown Entities Act 2004 to DHBs
1: Each DHB is a Crown entity owned by the Crown for the purposes of section 7
2: The Crown Entities Act 2004
3: As provided elsewhere in this Act, the following sections of the Crown Entities Act 2004
a: section 38
b: section 60(1)
c: sections 62 to 72
d: sections 73 to 76
e: section 78 Schedule 5
f: section 96
g: section 100
h: sections 116 117(2) to (3)
i: sections 120 to 126
j: section 161 section 28
k:
l: Schedule 5 Section 21 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 21(3)(h) replaced 31 October 2018 section 19 State Sector and Crown Entities Reform Act 2018 Section 21(3)(k) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
22: Objectives of DHBs
1: Every DHB has the following objectives:
a: to improve, promote, and protect the health of people and communities:
b: to promote the integration of health services, especially primary and secondary health services:
ba: to seek the optimum arrangement for the most effective and efficient delivery of health services in order to meet local, regional, and national needs:
c: to promote effective care or support for those in need of personal health services or disability support services:
d: to promote the inclusion and participation in society and independence of people with disabilities:
e: to reduce health disparities by improving health outcomes for Maori and other population groups:
f: to reduce, with a view to eliminating, health outcome disparities between various population groups within New Zealand by developing and implementing, in consultation with the groups concerned, services and programmes designed to raise their health outcomes to those of other New Zealanders:
g: to exhibit a sense of social responsibility by having regard to the interests of the people to whom it provides, or for whom it arranges the provision of, services:
h: to foster community participation in health improvement, and in planning for the provision of services and for significant changes to the provision of services:
i: to uphold the ethical and quality standards commonly expected of providers of services and of public sector organisations:
j: to exhibit a sense of environmental responsibility by having regard to the environmental implications of its operations:
k: to be a good employer in accordance with section 118
2: Each DHB must pursue its objectives in accordance with any plan prepared under section 38 section 33 33A 33B section 103 section 107 Section 22(1)(ba) inserted 9 November 2010 section 8(1) New Zealand Public Health and Disability Amendment Act 2010 Section 22(1)(k) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2) amended 24 February 2011 section 8(2) New Zealand Public Health and Disability Amendment Act 2010 Section 22(2) amended 24 February 2011 section 8(3) New Zealand Public Health and Disability Amendment Act 2010 Section 22(2) amended 25 January 2005 section 200 Crown Entities Act 2004
23: Functions of DHBs
1: For the purpose of pursuing its objectives, each DHB has the following functions:
a: to ensure the provision of services for its resident population and for other people as specified in its Crown funding agreement:
b: to actively investigate, facilitate, sponsor, and develop co-operative and collaborative arrangements with persons in the health and disability sector or in any other sector to improve, promote, and protect the health of people, and to promote the inclusion and participation in society and independence of people with disabilities:
ba: to collaborate with relevant organisations to plan and co-ordinate at local, regional, and national levels for the most effective and efficient delivery of health services:
c: to issue relevant information to the resident population, persons in the health and disability sector, and persons in any other sector working to improve, promote, and protect the health of people for the purposes of paragraphs (a) and (b):
d: to establish and maintain processes to enable Maori to participate in, and contribute to, strategies for Maori health improvement:
e: to continue to foster the development of Maori capacity for participating in the health and disability sector and for providing for the needs of Maori:
f: to provide relevant information to Maori for the purposes of paragraphs (d) and (e):
g: to regularly investigate, assess, and monitor the health status of its resident population, any factors that the DHB believes may adversely affect the health status of that population, and the needs of that population for services:
h: to promote the reduction of adverse social and environmental effects on the health of people and communities:
i: to monitor the delivery and performance of services by it and by persons engaged by it to provide or arrange for the provision of services:
j: to participate, where appropriate, in the training of health practitioners
k: to provide information to the Minister for the purposes of policy development, planning, and monitoring in relation to the performance of the DHB and to the health and disability support needs of New Zealanders:
l: to provide, or arrange for the provision of, services on behalf of the Crown or any Crown entity within the meaning of the Crown Entities Act 2004
m: to collaborate with pre-schools and schools within its geographical area on the fostering of health promotion and on disease prevention programmes:
n: to perform any other functions it is for the time being given by or under any enactment, or authorised to perform by the Minister by written notice to the board of the DHB after consultation with it.
2: The Minister must, as soon as practicable after giving a notice to a DHB under subsection (1)(n), publish in the Gazette
3: Subsection (1)(c), (f), and (k) is subject to the Privacy Act 2020
4: Subsection (1)(c) and (f) does not require a DHB to provide any information that could properly be withheld under the Official Information Act 1982
5: A DHB that, in reliance on subsection (4), decides not to provide relevant information must advise the persons concerned of that decision.
6: To avoid any doubt, subsection (1)(d) does not limit the capacity of a DHB to establish and maintain processes to enable other population groups to participate in, and contribute to, strategies for the improvement of the health of those groups.
7: In performing any of its functions in relation to the supply of pharmaceuticals, a DHB must not act inconsistently with the pharmaceutical schedule.
8: In subsection (1)(ba), relevant organisations Section 23(1)(ba) inserted 9 November 2010 section 9(1) New Zealand Public Health and Disability Amendment Act 2010 Section 23(1)(j) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 23(1)(l) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 23(8) added 9 November 2010 section 9(2) New Zealand Public Health and Disability Amendment Act 2010
24: Co-operative agreements and arrangements
1: Except as provided in subsection (2), for the purpose of performing its function under section 23(1)(b)
a: assist the DHB to meet its objectives set out in section 22
b: enhance health or disability outcomes for people; or
c: enhance efficiencies in the health sector.
2: A DHB may not enter into a co-operative agreement or arrangement under subsection (1) unless,—
a: if the consent of the Minister or authority by regulations is required for that agreement or arrangement by section 28
b: in any other case, the DHB is authorised to enter into the agreement or arrangement by a plan prepared under section 38
3: Any authority given by the Minister for the purposes of subsection (2) may be given subject to any conditions the Minister specifies.
4: The Minister must, within 6 months of the commencement of this section, produce guidelines to be followed by DHBs in establishing co-operative agreements or arrangements under subsection (1) so that DHBs follow processes that are fully transparent and designed to ensure that DHBs accomplish their objectives in ways that—
a: take full account of all issues concerned; and
b: are effective and efficient so as to maximise the benefit to the public or group whom the agreements or arrangements are intended to benefit.
5: In determining whether or not to enter into co-operative agreements or arrangements under subsection (1), DHBs must comply fully with any guidelines issued under subsection (4).
6: As soon as practicable after issuing the guidelines for DHBs under subsection (4), the Minister must present to the House of Representatives a copy of those guidelines. Section 24(2)(b) amended 24 February 2011 section 10 New Zealand Public Health and Disability Amendment Act 2010
25: Service agreements
1: In this Act, service agreement
2: A DHB may, if permitted to do so by a plan prepared under section 38
a: negotiate and enter into service agreements containing any terms and conditions that may be agreed; and
b: negotiate and enter into agreements to amend service agreements.
3: A DHB that has entered into a service agreement must monitor the performance under that agreement of the other parties to that agreement. Section 25(2) amended 24 February 2011 section 11 New Zealand Public Health and Disability Amendment Act 2010 Boards of DHBs
26: Role of board
1: The board of a DHB has the role set out in section 25
2:
3: The board of a DHB must delegate to the chief executive of the DHB, under clause 39
4: This section does not limit clause 44 Section 26(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 26(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Duties of board
1: The board of a DHB must ensure that the DHB acts in a manner consistent with any relevant plan prepared under section 38 section 33 33A 33B section 103 section 107
2: The duty in subsection (1)—
a: applies in addition to the duties of the board in sections 49 to 52
b: is a collective duty owed to the Minister for the purposes of section 58
3: Despite section 60(1) Section 27 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 27(1) amended 24 February 2011 section 12 New Zealand Public Health and Disability Amendment Act 2010
28: Shares in bodies corporate or interests in associations
1: Except with the consent of the Minister or in accordance with regulations made under this Act, no DHB may—
a: hold any shares or interests in a body corporate or in a partnership, joint venture, or other association of persons; or
b: settle, or be or appoint a trustee of, a trust.
2: The Minister's consent under subsection (1) may be given subject to any conditions the Minister specifies.
3: Conditions specified by the Minister under subsection (2) must be consistent with section 97
4: Sections 96 100
5: Section 161 Section 28(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 28(4) added 25 January 2005 section 200 Crown Entities Act 2004 Section 28(5) added 25 January 2005 section 200 Crown Entities Act 2004
29: Membership of boards
1: The board of each DHB consists of—
a: 7 members elected in accordance with Schedule 2
b: up to 4 members appointed by the Minister under section 28(1)(a)
2: If, at an election of members of a board of a DHB, fewer than 7 members are elected or no members are elected, the Minister may, in accordance with the procedure in section 28
3: Where a vacancy occurs in an elective position on a board, the Minister may, in accordance with the procedure in section 28
4: In making appointments to a board, the Minister must endeavour to ensure that—
a: Maori membership of the board is proportional to the number of Maori in the DHB's resident population (as estimated by Statistics New Zealand); and
b: in any event, there are at least 2 Maori members of the board.
5: Subsection (4) does not limit section 29
6: Section 31(1)(c) interests conflicts of interest section 6 Section 29(1)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 29(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 29(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 29(5) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 29(6) substituted 25 January 2005 section 200 Crown Entities Act 2004
30: Crown monitors to sit on boards
1: If the Minister considers that it is desirable to do so for the purpose of assisting in improving the performance of a DHB, the Minister may appoint 1 or more persons (in this section called Crown monitors
2: A board of a DHB must—
a: permit each Crown monitor appointed by the Minister in relation to the DHB to attend any meeting of the board; and
b: provide the Crown monitor with copies of all notices, documents, and other information that is provided to board members.
3: The functions of a Crown monitor are to—
a: observe the decision-making processes, and the decisions of the board:
b: assist the board in understanding the policies and wishes of the Government so that they can be appropriately reflected in board decisions:
c: advise the Minister on any matters relating to the DHB, the board, or its performance.
4: The appointment of a person as a Crown monitor is on terms and conditions agreed between the Minister and the person.
5: A Crown monitor may provide to the Minister any information that the Crown monitor obtains in the course of acting as such.
6: Subsection (5) is subject to the Privacy Act 2020 Section 30(6) amended 1 December 2020 section 217 Privacy Act 2020
31: Replacement of board by commissioner
1: Where the Minister is seriously dissatisfied with the performance of a board of a DHB, the Minister may, by written notice to the board and the commissioner, dismiss all members of the board and replace the board with a commissioner.
1A: The Minister may also replace the board with a commissioner, by written notice to the board and the commissioner, if all the members of the board of a DHB are removed from office under this Act and the Crown Entities Act 2004
2: Where the Minister replaces a board with a commissioner, the commissioner has all the functions, duties, powers, and protections of the board and of a member of the board except that—
a: clauses 14 to 35
b: where the commissioner has an interest of the kind described in section 6(2) clause 37 clause 36(2)
3: A commissioner may appoint, on any terms and conditions that may be agreed, up to 3 deputy commissioners, each of whom must be a person who would be eligible to be appointed by the Minister to a board of a DHB.
4: The Minister may at any time, by written notice, dismiss a commissioner from office, and a commissioner may at any time, by written notice, dismiss a deputy commissioner from office with the agreement of the Minister.
5: All the provisions of this Act and the Crown Entities Act 2004
6: A commissioner and any deputy commissioner hold office only until the persons elected at the next election of members of boards take office as board members. Section 31(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 31(5) amended 25 January 2005 section 200 Crown Entities Act 2004
32: Ministerial directions
1: Subpart 1
2: Without limiting subsection (1), the Minister may, under that Act, give a DHB any directions—
a: that specify the persons who are eligible to receive services funded under this Act; and
b: that the Minister considers necessary or expedient in relation to any matter relating to the DHB; and
c: that are consistent with the objectives and functions of the DHB.
3: No direction may require the supply to any person of any information relating to an individual that would enable the identification of the individual.
4: Section 33 Part 3 Section 32 substituted 25 January 2005 section 200 Crown Entities Act 2004
33: Minister may require provision of services
1: The Minister may, from time to time, by written notice to a DHB, require the DHB to provide or arrange for the provision of any services that are specified in the notice, but the notice may not—
a: require the supply of services to any named individuals or organisations; or
b: require the supply of services by any named individuals or organisations (other than any DHB); or
c: specify the price for any services.
2: Before giving the notice, the Minister must—
a: have regard to section 22 section 23 any plan prepared under section 38
b: consult the board of the DHB as to the services that are to be required to be provided or arranged, and the cost and funding of those services.
3: A notice under subsection (1) is a direction for the purposes of the Crown Entities Act 2004 Gazette section 115 Section 33(2)(a) amended 24 February 2011 section 13 New Zealand Public Health and Disability Amendment Act 2010 Section 33(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
33A: Proposals and directions in relation to administrative, support, and procurement services
1: A proposal stating how administrative, support, and procurement services within the public health and disability sector should be obtained may be submitted to the Minister by the Director-General or any person or body approved by the Minister for the purpose.
2: If the Minister has reason to believe that the proposal will enhance the effective and efficient operation of the public health and disability sector and should be implemented, the Minister must—
a: consider whether the proposal can be reasonably implemented without a direction under subsection (3); and
b: consult any DHB that is not already a party to the proposal and is likely to be affected by it; and
c: consult any other person or body that the Minister considers appropriate.
3: If the Minister considers that the proposal cannot be reasonably implemented otherwise, he or she may give a direction to 1 or more DHBs—
a: stating how administrative, support, and procurement services must be obtained (for example, specifying a process to be followed in obtaining those services); or
b: stating who must provide particular administrative, support, and procurement services for the DHB or DHBs.
4: The direction must be in writing and must be signed by the Minister and the Minister of Finance.
5: Sections 113 114(3)(a)
6: In this section, administrative, support, and procurement services
a: means services that do not relate directly to, but are necessary for, the provision of care to patients or care or support to people with disabilities; and
b: without limiting the generality of paragraph (a), includes any of the following:
i: procurement of non-clinical and clinical supplies:
ii: financial services:
iii: human resources and payroll services:
iv: clerical services:
v: facilities management, engineering, and maintenance services:
vi: information systems and technology. Section 33A inserted 24 February 2011 section 14 New Zealand Public Health and Disability Amendment Act 2010 Ministerial directions to all DHBs Heading inserted 24 February 2011 section 14 New Zealand Public Health and Disability Amendment Act 2010
33B: Minister may give directions to all DHBs
1: The Minister may give a direction to all DHBs to comply with stated requirements for the purpose of supporting government policy on improving the effectiveness and efficiency of the public health and disability sector.
2: The direction must be in writing and must be signed by the Minister and the Minister of Finance.
3: Before giving the direction, the Minister must, to the extent (if any) that the Minister considers necessary in the circumstances,—
a: consult all DHBs; and
b: consult persons that the Minister considers are representative of the interests of persons likely to be substantially affected by the proposed direction.
4: As soon as practicable after giving the direction, the Minister must—
a: notify all DHBs that the direction has been given and that it will come into force subject to subsection (5); and
b: present a copy of the direction to the House of Representatives.
5: The direction comes into force 15 sitting days after it is presented to the House of Representatives unless the House of Representatives resolves, in that period, to disapply the direction.
6: Every DHB must give effect to the direction as soon as it comes into force.
7:
8: If the direction does not come into force, the Minister must, as soon as practicable, notify all DHBs that the direction has been disapplied and that it will not come into force.
9: Section 113
10: No direction may be given under this section to Crown entity subsidiaries.
11: For the purposes of section 115(5)
12: A direction under this section is secondary legislation ( see Part 3
a: comes into force in accordance with subsection (5), even if it is not yet published; and
b: must be published as soon as practicable after it comes into force. 2004 No 115 ss 107–111 113 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publish it on a website maintained by the Ministry of Health • comply with subsection (4)(a) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33B inserted 24 February 2011 section 14 New Zealand Public Health and Disability Amendment Act 2010 Section 33B(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33B(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Committees
34: Community and public health advisory committees
The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to advise on health improvement measures, called the community and public health advisory committee, and must provide for Maori representation on the committee.
35: Disability support advisory committees
The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to advise on disability issues, called the disability support advisory committee, and must provide for Maori representation on the committee.
36: Hospital advisory committees
The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to advise on matters relating to hospitals, called the hospital advisory committee, and must provide for Maori representation on the committee. Accountability of DHBs
37: Responsibility of board
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Planning framework and requirements
1: The Minister—
a: must direct every DHB to prepare a plan for each financial year beginning on or after 1 July 2011; and
b: may direct a DHB to prepare or contribute to 1 or more other plans.
2: Every plan—
a: must address—
i: local, regional, and national needs for health services; and
ii: how health services can be properly co-ordinated to meet those needs; and
iii: the optimum arrangement for the most effective and efficient delivery of health services; and
b: must demonstrate how a DHB that is a party to the plan is to give effect to the purposes of this Act; and
c: must demonstrate how a DHB that is a party to the plan is to operate in a financially responsible manner; and
d: must reflect the overall direction set out in, and not be inconsistent with, the New Zealand health strategy and the New Zealand disability strategy.
3: A DHB that is a party to a plan must comply with any requirements (including any procedural requirements) relating to the plan that are stated in regulations (if any).
4: The plan is finalised once it is—
a: approved by the Minister after he or she is satisfied that the requirements of subsections (2) and (3) have been met; and
b: signed by the Minister and every DHB that is a party to the plan.
5: A DHB that is a party to the plan must give effect to it and any amendments to it.
6: The plan may be amended at any time in the same manner as it was made.
7: A DHB that is a party to the plan must ensure that the plan and any amendments to it are publicly available as soon as is reasonably practicable after the plan is finalised.
8: In making the plan (and any amendments to it) publicly available, a DHB may omit any information that may properly be withheld under the Official Information Act 1982 Section 38 substituted 24 February 2011 section 15 New Zealand Public Health and Disability Amendment Act 2010
39: Resolution of disputes over contents of plan
1: The Minister may act under subsection (2) if, after the Minister directs 1 or more DHBs to prepare or contribute to a plan under section 38
a: 2 or more DHBs that are parties to the plan cannot agree on its contents; or
b: 1 or more DHBs that are parties to the plan and the Minister cannot agree on its contents.
2: If subsection (1) applies, the Minister may establish an advisory body and refer the dispute to it for its consideration and advice.
3: The advisory body must consist of at least 3 members, each appointed by the Minister on any terms and conditions (including terms and conditions as to remuneration and travelling allowances and expenses) that the Minister determines by written notice to the member.
4: The Minister must—
a: make a decision on the dispute by taking into account the advice given by the advisory body; and
b: as soon as practicable after making the decision, publish the decision in general terms on an Internet site operated by the Ministry of Health.
5: A DHB that is a party to the dispute must give effect to the Minister's decision. Section 39 substituted 24 February 2011 section 15 New Zealand Public Health and Disability Amendment Act 2010
40: Consultation on proposed changes to annual plan
Section 40 repealed 24 February 2011 section 15 New Zealand Public Health and Disability Amendment Act 2010 Financial provisions
41: DHBs to operate in financially responsible manner
1: Every DHB must operate in a financially responsible manner and, for this purpose, must endeavour to cover all its annual costs (including the cost of capital) from its net annual income.
2: This section does not limit section 51 Section 41(1) substituted 23 April 2011 section 16 New Zealand Public Health and Disability Amendment Act 2010 Section 41(2) added 25 January 2005 section 200 Crown Entities Act 2004
42: Accountability documents under Crown Entities Act 2004
1: Each DHB must prepare statements of intent, annual financial statements, and annual reports in accordance with Part 4 section 92(1)(d)
2: Without limiting sections 141 to 149 Health Sector (Transfers) Act 1993
3: Without limiting section 151
a:
b: a report on the extent to which the DHB has met its other objectives under section 22
c: a report on the performance of the hospital and related services it owns, including the amount of any capital investment made or required; and
d:
e:
f:
g: the names of any bodies corporate, partnerships, joint ventures, or other associations of persons, or trusts with which the DHB is involved in accordance with section 28(1)
h: a list of all shares or interests held in bodies corporate, partnerships, joint ventures, or other associations of persons, or trusts named in accordance with paragraph (g); and
i: a statement of how the DHB has given effect and intends to give effect to its functions specified in section 23(1)(b) to (e)
4: For the purposes of section 151(1)(j) clause 36(4) clause 37(1) clause 38(4) clause 39(1) Section 42 heading substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 42(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 42(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 42(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 42(3)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 42(3)(d) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 42(3)(e) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 42(3)(f) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 42(4) added 25 January 2005 section 200 Crown Entities Act 2004
43: Auditor
Section 43 repealed 25 January 2005 section 200 Crown Entities Act 2004 Miscellaneous
44: Provision of information
1: Without limiting sections 133 134 Crown entity
2:
3: No requirement of the Minister under this section may require the supply of any information that would infringe the privacy of any natural person or deceased natural person, unless the person (or a representative of the deceased person) has consented to the supply.
4: Subsection (3) applies despite section 134 Section 44(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 44(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 44(4) added 25 January 2005 section 200 Crown Entities Act 2004
45: Other provisions in schedules
1: Schedules 2 3
2: Schedule 4
3: Section 78 Schedule 5 Section 45(3) added 25 January 2005 section 200 Crown Entities Act 2004
4: Other publicly-owned health and disability organisations
Pharmaceutical Management Agency
46: Pharmac
1: An organisation called the Pharmaceutical Management Agency ( Pharmac
2: Pharmac is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: Pharmac is owned by the Crown. Section 46(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 46(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 46(4) added 25 January 2005 section 200 Crown Entities Act 2004
47: Objectives of Pharmac
The objectives of Pharmac are—
a: to secure for eligible people in need of pharmaceuticals, the best health outcomes that are reasonably achievable from pharmaceutical treatment and from within the amount of funding provided; and
b: any other objectives it is given by or under any enactment, or authorised to perform by the Minister by written notice to the board of Pharmac after consultation with it.
48: Functions of Pharmac
1: The functions of Pharmac are to perform the following within the amount of funding provided to it and in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 65 Crown Entities Act 2004
a: to maintain and manage a pharmaceutical schedule that applies consistently throughout New Zealand, including determining eligibility and criteria for the provision of subsidies:
b: to manage incidental matters arising out of paragraph (a), including in exceptional circumstances providing for subsidies for the supply of pharmaceuticals not on the pharmaceutical schedule:
c: to engage as it sees fit, but within its operational budget, in research to meet the objectives set out in section 47(a)
d: to promote the responsible use of pharmaceuticals:
e: any other functions it is for the time being given by or under any enactment, or authorised to perform by the Minister by written notice to the board of Pharmac after consultation with it.
2: The pharmaceutical schedule is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 48(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
49: Pharmac to consult in implementing objectives and carrying out functions
In carrying out its functions under section 48
a: consult on matters that relate to the management of pharmaceutical expenditure with any sections of the public, groups, or individuals that, in the view of Pharmac, may be affected by decisions on those matters; and
b: take measures to inform the public, groups, and individuals of Pharmac's decisions concerning the pharmaceutical schedule.
50: Board of Pharmac to establish advisory committees
1: The board of Pharmac must establish the following advisory committees under clause 14(1)(a)
a: a pharmacology and therapeutics advisory committee to provide objective advice to Pharmac on pharmaceuticals and their benefits:
b: a consumer advisory committee to provide input from a consumer or patient point of view.
2:
3:
4: Despite clause 14(1)(a) Section 50(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 50(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 50(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 50(4) amended 25 January 2005 section 200 Crown Entities Act 2004
51: Publication of notices
The Minister must, as soon as practicable after giving a notice under section 47 section 48 Gazette
52: Membership of board
1: The board of Pharmac consists of up to 6 members appointed under section 28
2:
3: Section 52(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 52(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 52(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
53: Exemption from Part 2 of Commerce Act 1986
1: In this section, unless the context otherwise requires,— agreement
a: includes any agreement, arrangement, contract, covenant, deed, or understanding, whether oral or written, whether express or implied, and whether or not enforceable at law; and
b: without limiting the generality of paragraph (a), includes any contract of service and any agreement, arrangement, contract, covenant, or deed, creating or evidencing a trust pharmaceuticals
2: It is declared that nothing in Part 2
a: any agreement to which Pharmac is a party and that relates to pharmaceuticals for which full or part-payments may be made from money appropriated under the Public Finance Act 1989
b: any act, matter, or thing, done by any person for the purposes of entering into such an agreement; or
c: any act, matter, or thing, done by any person to give effect to such an agreement. New Zealand Blood Service
54: NZBOS
1: This section establishes the New Zealand Blood and Organ Service.
2: NZBOS is the same organisation that, immediately before the commencement of the Organ Donors and Related Matters Act 2019
3: NZBOS is owned by the Crown.
4: The Crown Entities Act 2004 Section 54 replaced 30 November 2020 section 16 Organ Donors and Related Matters Act 2019
55: Functions of
NZBOS
1: The functions of NZBOS
a: to manage the donation, collection, processing, and supply of blood, controlled human substances, and related or incidental matters, in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 65 Crown Entities Act 2004
b: if it is an appointed entity (as defined in section 55 section 63
ba: to provide oversight and clinical governance of the organ donation system, to provide support to the transplantation system, and to manage any related or incidental matters, in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 65 Crown Entities Act 2004
c: to undertake any other functions it is for the time being given by or under any enactment, or authorised to perform by the Minister by written notice to the board of NZBOS statement of intent (including the statement of forecast service performance) and (subject to section 65 Crown Entities Act 2004
2: The Minister must, as soon as practicable after giving a notice under subsection (1), publish in the Gazette
3: In this section, blood controlled human substance section 55 Section 55 heading amended 30 November 2020 section 17(1) Organ Donors and Related Matters Act 2019 Section 55(1) amended 30 November 2020 section 17(2) Organ Donors and Related Matters Act 2019 Section 55(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 55(1)(b) amended 1 November 2008 section 92 Human Tissue Act 2008 Section 55(1)(ba) inserted 30 November 2020 section 17(3) Organ Donors and Related Matters Act 2019 Section 55(1)(c) amended 30 November 2020 section 17(2) Organ Donors and Related Matters Act 2019 Section 55(1)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 55(3) amended 1 November 2008 section 92 Human Tissue Act 2008
56: Membership of board
1: The board of NZBOS appointed under section 28
2:
3: Section 56(1) amended 30 November 2020 section 18 Organ Donors and Related Matters Act 2019 Section 56(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 56(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 56(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Health Promotion Agency Heading replaced 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012
57: Health Promotion Agency established
1: An organisation called the Health Promotion Agency ( HPA
2: HPA is a Crown entity for the purposes of section 7
3: The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28
4: The Crown Entities Act 2004 Section 57 replaced 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012
58: Functions, duties, and powers of HPA
1: HPA must lead and support activities for the following purposes:
a: promoting health and wellbeing and encouraging healthy lifestyles:
b: preventing disease, illness, and injury:
c: enabling environments that support health and wellbeing and healthy lifestyles:
d: reducing personal, social, and economic harm.
2: HPA has the following alcohol-specific functions:
a: giving advice and making recommendations to government, government agencies, industry, non-government bodies, communities, health professionals, and others on the sale, supply, consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
b: undertaking or working with others to research the use of alcohol in New Zealand, public attitudes towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
3: Section 103(1)
4: HPA must also—
a: assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health Sponsorship Council that are transferred to HPA by section 17
b: undertake any other functions that it is for the time being authorised to perform by the Minister by written notice to the board of HPA after consultation with the board. Section 58 replaced 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012
59: Provisions relating to grants, sponsorship, and other matters
1: HPA may—
a: make grants to any body, association, or person engaged in any activity in any field with which HPA is concerned:
b: make advances to any such body, association, or person, on any terms and conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks fit:
c: charge any fees (if any) that it may from time to time think reasonable for any material published by it and made available to the public:
d: without further appropriation by Parliament, spend in any year any funds received by HPA in the previous year and not spent by HPA in the previous year:
e: commit itself to spend any money by way of sponsorship, subject to subsection (2).
2: The power to spend money by way of sponsorship is subject to the following limitations:
a: HPA must have the money in hand at the time; and
b: HPA must not, in any year (the current year
3: In this section, sponsorship
4: For the purpose of subsection (3),—
a: such assistance by HPA may (without limitation) take the form of—
i: money, whether by way of grant or otherwise; or
ii: goods and services; or
iii: trophies, prizes, awards, and scholarships:
b: such promotion by the person or organisation receiving assistance may (without limitation) take the form of—
i: publicising messages relating to health and wellbeing and healthy lifestyles; or
ii: publicising messages relating to ill-health and unhealthy lifestyles; or
iii: promoting HPA's aims and objectives.
5: This section (other than subsection (2)) does not limit sections 16 17 Section 59 replaced 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012 Levies Heading inserted 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012
59AA: Levies for alcohol-related purposes
1: Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—
a: in addressing alcohol-related harm; and
b: in its other alcohol-related activities.
2: Schedules 4A 4B Section 59AA inserted 1 July 2012 section 6 New Zealand Public Health and Disability Amendment Act 2012 Health Quality and Safety Commission Heading inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010
59A: Health Quality and Safety Commission
1: An organisation called the Health Quality and Safety Commission ( HQSC
2: HQSC is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 59A inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010
59B: Objectives of HQSC
The objectives of HQSC are to lead and co-ordinate work across the health and disability sector for the purposes of—
a: monitoring and improving the quality and safety of health and disability support services; and
b: helping providers across the health and disability sector to improve the quality and safety of health and disability support services. Section 59B inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010
59C: Functions of HQSC
1: The functions of HQSC are—
a: to advise the Minister on how quality and safety in health and disability support services may be improved; and
b: to advise the Minister on any matter relating to—
i: health epidemiology and quality assurance; or
ii: mortality; and
c: to determine quality and safety indicators (such as serious and sentinel events) for use in measuring the quality and safety of health and disability support services; and
d: to provide public reports on the quality and safety of health and disability support services as measured against—
i: the quality and safety indicators; and
ii: any other information that HQSC considers relevant for the purpose of the report; and
e: to promote and support better quality and safety in health and disability support services; and
f: to disseminate information about the quality and safety of health and disability support services; and
g: to perform any other function that—
i: relates to the quality and safety of health and disability support services; and
ii: HQSC is for the time being authorised to perform by the Minister by written notice to HQSC after consultation with it.
2: In performing its functions HQSC must, to the extent it considers appropriate, work collaboratively with—
a: the Ministry of Health; and
b: the Health and Disability Commissioner; and
c: providers; and
d: any groups representing the interests of consumers of health or disability support services; and
e: any other organisations, groups, or individuals that HQSC considers have an interest in, or will be affected by, its work.
3: The Minister must, as soon as practicable after giving a notice to HQSC under subsection (1)(g)(ii), publish in the Gazette Section 59C inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010
59D: Membership of board
The board of HQSC consists of at least 7 members appointed under section 28 Section 59D inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010
59E: HQSC may appoint mortality review committees
1: HQSC may appoint 1 or more committees to carry out any of the following functions that HQSC specifies by notice to the committee:
a: to review and report to HQSC on specified classes of deaths of persons, or deaths of persons of specified classes, with a view to reducing the numbers of deaths of those classes or persons, and to continuous quality improvement through the promotion of ongoing quality assurance programmes:
b: to advise on any other matters related to mortality that HQSC specifies in the notice.
2: A committee appointed under subsection (1) (a mortality review committee
a: are designed to reduce morbidity and mortality; and
b: are relevant to the committee's functions.
3: HQSC—
a: must, at least annually, provide the Minister with a report on the progress of mortality review committees; and
b: must include each such report in HQSC's next annual report.
4: The provisions of Schedule 5
5: Every person who fails, without reasonable excuse, to comply with a requirement imposed under Schedule 5 on conviction
6: Every person who discloses information contrary to Schedule 5
7: Any member of a registered occupational profession who commits an offence under subsection (5) or (6) is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not he or she is fined under that subsection. Section 59E inserted 9 November 2010 section 17 New Zealand Public Health and Disability Amendment Act 2010 Section 59E(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59E(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Other provisions
60: Interpretation
In sections 61 to 69 organisation
a: Pharmac:
b: NZBOS
c: HPA:
d: HQSC. Section 60(b) amended 30 November 2020 section 19 Organ Donors and Related Matters Act 2019 Section 60(c) replaced 1 July 2012 section 7 New Zealand Public Health and Disability Amendment Act 2012 Section 60(d) added 9 November 2010 section 18 New Zealand Public Health and Disability Amendment Act 2010
61: Role of board
The board of an organisation has the role set out in section 25 Section 61 substituted 25 January 2005 section 200 Crown Entities Act 2004
62: Duties of board members
Section 62 repealed 25 January 2005 section 200 Crown Entities Act 2004
63: Shares in bodies corporate or interests in associations
Section 63 repealed 25 January 2005 section 200 Crown Entities Act 2004
64: Annual plans
Section 64 repealed 25 January 2005 section 200 Crown Entities Act 2004
65: Restrictions on directions by Minister
1:
2:
3: No direction may be given to Pharmac under section 103
a: require Pharmac to purchase a pharmaceutical from a particular source or at a particular price; or
b: provide any pharmaceutical or pharmaceutical subsidy or other benefit to a named individual.
4: No direction under section 103 NZBOS
a: NZBOS’s role in providing oversight and clinical governance of the organ donation system and in providing support to the transplantation system; or
a:
b: protecting the gift status, donation, collection, processing, and supply of blood or controlled human substances ( as defined in section 55
c: withdrawal of contaminated blood or contaminated controlled human substances from supply.
4A: Despite anything in the Crown Entities Act 2004
a: the ability of the Minister to direct NZBOS section 147
b: section 107
5:
6: Directions given under section 20 Health Sector (Transfers) Act 1993 section 103 Section 65 heading substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 65(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 65(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 65(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 65(4) amended 30 November 2020 section 20(1) Organ Donors and Related Matters Act 2019 Section 65(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 65(4)(a) inserted 30 November 2020 section 20(2) Organ Donors and Related Matters Act 2019 Section 65(4)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 65(4)(b) amended 1 November 2008 section 92 Human Tissue Act 2008 Section 65(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 65(4A)(a) amended 30 November 2020 section 20(1) Organ Donors and Related Matters Act 2019 Section 65(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 65(6) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 65(6) amended 1 January 2001 section 4(3) Health Sector (Transfers) Amendment Act 2000
66: Pharmac,
NZBOS and HPA
1: Every organisation must operate in a financially responsible manner and for this purpose must endeavour to cover all its annual costs (including the cost of capital) from its net annual income.
1A: Subsection (1) does not apply to HQSC in respect of costs, which are to be met by the Ministry of Health in a financially responsible manner that allows HQSC to carry out its functions to a high standard.
2: This section does not limit section 51 Section 66 heading amended 30 November 2020 section 21 Organ Donors and Related Matters Act 2019 Section 66 heading amended 1 July 2012 section 8 New Zealand Public Health and Disability Amendment Act 2012 Section 66(1) substituted 9 November 2010 section 19(2) New Zealand Public Health and Disability Amendment Act 2010 Section 66(1A) inserted 9 November 2010 section 19(3) New Zealand Public Health and Disability Amendment Act 2010 Section 66(2) added 25 January 2005 section 200 Crown Entities Act 2004
67: Accountability documents under Crown Entities Act 2004
The statements of intent, annual financial statements, and annual reports of an organisation under the Crown Entities Act 2004 section 92(1)(d) Section 67 substituted 25 January 2005 section 200 Crown Entities Act 2004
68: Auditor
Section 68 repealed 25 January 2005 section 200 Crown Entities Act 2004
69: Provision of information
1: Without limiting section 133(2) Crown entity
2:
3: No requirement of the Minister under this section may require the supply of any information that would infringe the privacy of any natural person or deceased natural person, unless the person (or a representative of the deceased person) has consented to the supply.
4: Subsection (3) applies despite section 134 Section 69(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 69(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 69(4) added 25 January 2005 section 200 Crown Entities Act 2004
70: Further provisions
The provisions set out in Schedule 6 NZBOS HPA Section 70 amended 30 November 2020 section 22 Organ Donors and Related Matters Act 2019 Section 70 amended 1 July 2012 section 9 New Zealand Public Health and Disability Amendment Act 2012 Section 70 amended 9 November 2010 section 20 New Zealand Public Health and Disability Amendment Act 2010
4A: Family care policies
Part 4A repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70A: Purpose of this Part
Section 70A repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70B: Interpretation
Section 70B repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70C: Persons generally not to be paid for providing support services to family members
Section 70C repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70D: Family care policy
Section 70D repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70E: Claims of unlawful discrimination in respect of this Act or family care policy precluded
Section 70E repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70F: Certificates relating to family care policies
Section 70F repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
70G: Savings
Section 70G repealed 30 September 2020 section 4 New Zealand Public Health and Disability Amendment Act 2020
5: Inquiries
Inquiries and investigations under Commissions of Inquiry Act 1908
71: Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct inquiry or investigation
1: The Minister may appoint 1 or more persons as a Commission under the Commissions of Inquiry Act 1908
a: the funding or provision of health services, disability support services, or both:
b: the management of any publicly-owned health and disability organisation:
c: a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
2: Any appointment under subsection (1) may be made subject to any terms and conditions (being terms and conditions not inconsistent with any enactment) the Minister determines.
3: Sections 11 12
4: There may be paid out of money appropriated by Parliament for the purpose to any person or persons appointed under subsection (1)—
a: remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: reimbursement for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
4A: For the purposes of subsection (4), fees framework
5: Any Commission appointed under subsection (1) may regulate its procedure in any manner (being a manner not inconsistent with any enactment or with any terms and conditions determined under subsection (2)) it thinks fit.
6: Nothing in this section limits any powers that the Minister has under any enactment or rule of law. 1993 No 22 s 47 Section 71(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 71(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Special health inquiries
72: Minister may appoint inquiry board to conduct special health inquiry
1: The Minister may appoint a person or persons (an inquiry board
a: the funding or provision of health services, disability support services, or both:
b: the management of any publicly-owned health and disability organisation:
c: a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
2: For the purposes of subsection (1)(a), the services need not be or have been funded or provided—
a: under this Act; or
b: after the commencement of this section.
3: The Director-General may, without further authority than this subsection, exercise the Minister's powers under subsection (1) in relation to a proposed inquiry, and, if the Director-General does so, then, in relation to the inquiry, it is only the Director-General who—
a: may exercise the Minister's powers under sections 73 to 75
b: must perform the Minister's duties under those sections.
4: The Director-General must not exercise the Minister's powers under sections 73 to 75
5: Nothing in this section, or sections 73 to 75
73: Consultation required before inquiry board appointed to inquire into certain matters
1: Subsection (2) applies if the Minister proposes to appoint an inquiry board under section 72(1)
a: that is being investigated by the Health and Disability Commissioner; or
b: that is the subject of proceedings—
i: that relate to an alleged breach of the Code of Health and Disability Services Consumers' Rights; and
ii: that are known to the Health and Disability Commissioner; or
c: that includes a complaint—
i: that is made against, or that directly involves, a health practitioner section 4
ii: that is the subject of proceedings before the appropriate health professional body (within the meaning of section 38(2)
2: If this subsection applies, the Minister must, before appointing the inquiry board, consult the Health and Disability Commissioner or, as the case requires, the appropriate health professional body, on the proposed appointment.
3: If the Minister proposes to appoint an inquiry board under section 72(1) Section 73(1)(c)(i) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
74: Discussion required before inquiry board appointed
Before appointing an inquiry board under section 72(1)
a: the content of the terms of reference for the proposed inquiry (including the time by which the inquiry board must finally report); and
b: whether the inquiry should be conducted in an inquisitorial or in an adversarial manner, and any other instructions as to procedure to be given under section 75(3)(b)
c: the terms and conditions of appointment of the sole or principal member of the proposed inquiry board; and
d: whether the inquiry board needs any additional member (or additional members) and, if so, who might be appointed as an additional member (or as additional members) of the inquiry board; and
e: the support personnel, resources, and services that the proposed inquiry board is likely to need to be able to conduct the inquiry in accordance with—
i: the instructions proposed to be given under section 75(3)(b)
ii: the requirements stated in sections 78 79 Section 74(b) amended 23 April 2011 section 21 New Zealand Public Health and Disability Amendment Act 2010
75: Establishment and alteration of inquiry
1: After the discussions referred to in section 74 section 72(1)
2: If, after the discussions referred to in section 74 section 72(1)
3: On appointing an inquiry board for an inquiry under section 72(1)
a: set the terms of reference for the inquiry (including the time by which the inquiry board must finally report); and
b: give the following procedural instructions that the inquiry board (and its support personnel) must, together with the procedural requirements stated in sections 78 79
i: an instruction referred to in section 77(a)
ii: an instruction referred to in section 77(g)
A: the instruction referred to in section 77(a)
B: the Minister thinks fit to give an instruction referred to in section 77(g)
iii: any other instruction or instructions referred to in section 77
4: In any inquiry the Minister may, at any time after appointing the inquiry board,—
a: alter the inquiry board (including the sole or principal member) appointed:
b: alter the terms of reference set (including the time by which the inquiry board must finally report):
c: add, to the instructions already given to the inquiry board under subsection (3)(b), further instructions referred to in any paragraph (except paragraph (a) or paragraph (g)) of section 77
76: Protection of inquiry board
No member of an inquiry board (or of the support personnel for an inquiry board) has any civil liability for anything the member does or says or reports, or omits to do or say or report, in good faith in pursuance or intended pursuance of his or her duties as a member of the inquiry board (or of the support personnel for the inquiry board). 1908 No 25 s 3
77: Instructions as to procedure
The instructions referred to in section 75(3)(b)
a: that the inquiry be conducted in an inquisitorial or in an adversarial manner:
b: that the inquiry be conducted efficiently and with as much expedition as is possible, while retaining procedural flexibility:
c: that the inquiry board avoid unnecessary formality:
d: that, to the extent reasonably possible, costs of the inquiry be kept within reasonable bounds:
e: that the inquiry board recognise tikanga Maori where appropriate:
f: that the inquiry board receive any evidence written or spoken in Maori (but the fact that this instruction has, or has not, been given to the inquiry board is not to affect the application (if any) of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
g: that the questioning of witnesses (other than by the inquiry board or its support personnel) be available only if—
i: a person's interests may be adversely affected by evidence or a statement of a witness or, and in exceptional circumstances only, a refusal to allow questioning would otherwise contravene natural justice; and
ii: no other procedure would protect adequately the person's interests or avoid the other contravention of natural justice:
h: that the inquiry board hold public hearings in places specified by the Minister, subject to the inquiry board's powers under section 79
i: that witnesses who give information in a hearing be given a transcript of the hearing relating to the information and a reasonable chance to clarify the information or to provide any relevant further information:
j: that the inquiry board have the powers under section 82 section 83 Section 77(f) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
78: Further requirements as to procedure
In any inquiry, the inquiry board must—
a: give witnesses notice before a hearing of matters in respect of which they will be asked questions in the hearing:
b: give persons who are the subject of damaging or adverse allegations a reasonable chance to respond to those allegations:
c: draw to a person's attention any proposed criticisms by the inquiry board of the person, so that the person has a reasonable chance to respond to those criticisms.
79: Inquiry hearings and evidence generally to be public
1: Each hearing an inquiry board conducts for the purposes of its inquiry must be held in public.
2: Subsection (1) is subject to subsections (3) to (5).
3: An inquiry board that considers it proper to do so after having had regard to the interests of any person and to the public interest may—
a: hold all or any part of a hearing in private:
b: make an order prohibiting the publication or disclosure of any report or account of all or any part of the proceedings before it, whether held in public or in private:
c: make an order prohibiting the publication or disclosure of all or any part of any evidence given, or any books, papers, documents, or records produced, at any hearing.
4: An inquiry board may make an order under subsection (3)(b) or (c) on its own initiative or an application by any person for the purpose.
5: If an inquiry board makes an order under subsection (3), the inquiry board must state in the order—
a: the inquiry board's reasons for making the order; and
b: in the case of an order made under subsection (3)(b) or (c), the time (if any) at which, or the circumstances (if any) in which, the order ceases to have effect.
6: If an inquiry board makes an order, under subsection (3)(b) or (c), in respect of information, that information must not while that order has effect be made available under any of the Local Government Official Information and Meetings Act 1987 Official Information Act 1982 Privacy Act 2020
7: An inquiry board may at any time deliberate in private as to its decision on any matter or question arising in the course of the inquiry.
8: Nothing in this section prevents an inquiry board from at any time seeking information or questioning people outside a hearing as to where information relevant to the inquiry might be obtained. Section 79(6) amended 1 December 2020 section 217 Privacy Act 2020
80: Supplementary procedure
In any inquiry, the inquiry board may adopt further procedures for the inquiry that are not inconsistent with—
a: instructions given under subsections (3)(b) and (4)(c) of section 75
b: the requirements stated in sections 78 79
81: Evidence
1: An inquiry board may receive as evidence any statement, document, information, or matter that, in the inquiry team's opinion, may help it meet its terms of reference, whether or not the statement, document, information, or matter would be admissible in a court of law.
2: An inquiry board may take evidence on oath.
3: An inquiry board may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the inquiry board thinks fit, verifying it by oath. 1908 No 25 s 4B
82: Powers to investigate
1: If the Minister has given an inquiry board an instruction referred to in section 77(j)
a: inspect and examine any books, papers, documents, records, or things (for example, medical equipment, parts of or substances from a human body, or specimens):
b: require any person to produce for examination any books, papers, documents, records, or things (for example, medical equipment, parts of or substances from a human body, or specimens) in the person's possession or control, and to allow copies of or extracts from any of those books, papers, documents, or records to be made:
c: require any person to give, in a form approved by or acceptable to the inquiry board, any information or particulars it requires, and any copies of or extracts from any books, papers, documents, or records referred to in paragraph (b).
2: The inquiry board may, if it thinks fit, require that any written information or particulars or any copies or extracts given under this section be verified by statutory declaration or another means the inquiry board identifies.
3: Every person has the same privileges in relation to the giving of information to the inquiry board, the answering of questions put by the inquiry board, and the production of books, papers, documents, records, and things to the inquiry board, as witnesses have in courts of law. 1908 No 25 s 4C
83: Power to summon witnesses
1: If the Minister has given an inquiry board an instruction referred to in section 77(j)
a: attend and give evidence; and
b: produce any books, papers, documents, records, or things in the person's possession or control that are relevant to the subject of the inquiry.
2: A witness is not required to attend and give evidence or produce any things in accordance with a summons issued under subsection (1) unless, at the time of the service of the summons or at some other reasonable time before the day on which the attendance of the witness would, apart from this subsection, be required, there is tendered or paid to the witness a sum in respect of the witness' allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the Criminal Procedure Act 2011
3: The summons must be in writing and state the place and time at which the witness is required to attend.
4: The inquiry board may issue a summons on its own initiative or an application by any person for the purpose.
5: The power to issue the summons may be exercised by—
a: the sole or principal member of the inquiry board; or
b: any other member of the inquiry board purporting to act by direction or with the authority of the principal member of the inquiry board. 1908 No 25 s 4D Section 83(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
84: Service of summons
1: A summons to a witness may be served by—
a: delivering it to the witness; or
b: leaving it at the witness' usual place of residence; or
c: posting it by registered post addressed to the witness at the witness' usual place of residence.
2: The summons must be served at least 10 days before the day on which the attendance of the witness is required.
3: A summons served under subsection (1)(c) must be treated as having been served at the time when the letter would be delivered in the ordinary course of post. 1908 No 25 s 5
85: Protection of witnesses
Every witness giving evidence, and every counsel or agent or other person appearing, before an inquiry board, has the same privileges and immunities as witnesses and counsel in courts of law. 1908 No 25 s 6
86: Offences
1: Every person commits an offence who, after being summoned to attend to give evidence before an inquiry board or to produce to it any books, papers, documents, records, or things, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the inquiry board or any member of it to answer concerning the subject of the inquiry; or
c: fails to produce any such book, paper, document, record, or thing.
2: Every person commits an offence who without lawful excuse contravenes any order made by an inquiry board under section 79(3)(b) or (c)
3: Every person commits an offence who—
a: wilfully obstructs or hinders an inquiry board or any member of it or any authorised person in any inspection or examination of books, papers, documents, records, or things, under section 82(1)(a)
b: without sufficient cause, fails to comply with any requirement of an inquiry board or any authorised person made under section 82(1)(b) or (c)
4: Every person commits an offence who wilfully interrupts or obstructs any hearing conducted by an inquiry board.
5: Every person who commits an offence against this section is liable on 1908 No 25 s 9(1)–(3) Section 86(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Miscellaneous provisions
87: Saving of certain transactions
The validity or enforceability of any deed, agreement, right, or obligation entered into, or incurred by, the Crown or a publicly-owned health and disability organisation is not affected by a failure by the Crown or the organisation to comply with—
a: any provision in sections 3 4 8 Parts 3 4
b: any regulations made under section 92(1)(e)
c: any provision of Schedules 3 to 6
d: any provision in any statement of intent or plan prepared under section 38
e: any direction or requirement given under this Act or any other Act. Section 87(d) amended 24 February 2011 section 22 New Zealand Public Health and Disability Amendment Act 2010
88: Arrangements relating to payments
1: Where the Crown or a DHB gives notice of the terms and conditions on which the Crown or the DHB will make a payment to any person or persons, and, after notice is given, such a payment is accepted by any such person from the Crown or DHB, then—
a: acceptance by the person of the payment constitutes acceptance by the person of the terms and conditions; and
b: compliance by the person with the terms and conditions may be enforced by the Crown or DHB (as the case may be) as if the person had signed a deed under which the person agreed to the terms and conditions.
2: Any terms and conditions of which notice is given under subsection (1), unless they expressly provide otherwise, are deemed to include a provision to the effect that 12 weeks' notice must be given of any amendment or revocation of the terms and conditions.
3: Every notice, and every amendment or revocation of a notice, must be published in the Gazette
4: No notice may be issued under this section that would bind Pharmac or NZBOS Section 88(4) amended 30 November 2020 section 23 Organ Donors and Related Matters Act 2019
89: Principles of national consistency applicable to notices under section 88
1: The principles stated in subsection (2) apply to the Crown and to a DHB whenever the Crown or a DHB proposes to issue a notice under section 88
2: The principles are—
a: that it is desirable to maintain national consistency in the terms and conditions set in respect of the same or substantially the same services; but
b: that it needs to be recognised that there are circumstances when there is good reason to depart from terms and conditions set in respect of the same or substantially the same services, including, without limitation,—
i: special circumstances relating to a geographical area; or
ii: the need to adjust the amounts payable for services; or
iii: the need to update standards set for services.
3: A DHB may not issue a notice under section 88
a: relates to services in respect of which the DHB has not previously issued a notice; or
b: sets terms and conditions in respect of particular services that depart from terms and conditions set out in an existing notice in respect of the same or substantially the same services; or
c: differentiates between persons or classes of person accepting payment under section 88
4: The Minister's approval may be given subject to any conditions the Minister specifies.
5: Any notice under section 88
6: In this section, existing notice section 88 section 112(3)
7: The Minister must present to the House of Representatives a copy of any approval given under this section.
90: Exclusion of liability
1: A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation is not liable for any liability, or act or omission, of the organisation.
2: A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation is not liable to the organisation for any act or omission done or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the organisation.
2A: Section 59(3)
3: Every member of the board, or of any committee of the board, of a publicly-owned health and disability organisation is indemnified by the organisation—
a: for costs and damages for any civil liability arising from any action brought by a third party in respect of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the organisation; and
b: for costs arising from any successfully defended criminal proceeding in relation to any such act or omission.
4: A member of a committee established or appointed under Part 2
5: Sections 120 to 126 Section 90(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 90(5) added 25 January 2005 section 200 Crown Entities Act 2004
91: No compensation for loss of office
Neither the Crown nor any publicly-owned health and disability organisation may make any payment to, or otherwise compensate, any person in respect of the person ceasing for any reason to hold any office established by or under this Act.
92: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: imposing restrictions and requirements relating to section 88
b: specifying the circumstances in which a person may lend money to a DHB:
c: specifying any class of shares or interests that, and any conditions on which, DHBs
i: hold in a body corporate or in a partnership, joint venture, or other association of persons; or
ii: settle, or be or appoint a trustee of, a trust:
d: specifying the form of any document of the kind referred to in section 42 section 67 the Crown Entities Act 2004
e: imposing procedural requirements in relation to any consultation required by or under this Act, not being requirements that are inconsistent with any provision of this Act:
f: specifying kinds of information for the purposes of clause 49
g: in relation to any plans to be prepared under section 38(1)(a)
i: specifying the form of the plan; and
ii: imposing requirements relating to the content of the plan; and
iii: imposing procedural requirements (such as a requirement for consultation) that must be complied with in the preparation of the plan:
h:
i: prescribing standard provisions that are to be regarded as being included in all Crown funding agreements between the Crown and DHBs:
j: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing rules by which disputes or differences between any 1 or more publicly-owned health and disability organisations or providers of services or other persons are to be mediated or arbitrated
3: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the issue of entitlement cards (including cards that may record information of any description that is capable of being read or processed by a computer, but not including cards that are themselves capable of processing information) to various classes of persons or the continuation of use of such cards issued under the Health Entitlement Cards Regulations 1993
b: prescribing the classes of persons eligible to be issued with the cards:
c: prescribing and regulating the use of the cards, including (but not limited to)—
i: their use to obtain any payment or exemption from payment for health services or disability support services supplied to the holder of a card, or his or her dependent spouse or partner
ii: specifying time limits on the validity of the cards:
iii: requiring holders to return the cards to the Ministry of Health:
iv: any other conditions relating to their use:
d: providing for reviews or appeals, or both, of any decisions made under any regulations authorised by paragraphs (a) to (c):
e: prescribing offences relating to the improper use of the cards and the fines (not exceeding $10,000) that may be imposed in respect of any such offences.
4: The Health Entitlement Cards Regulations 1993
5: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for returns to be made by persons importing into or manufacturing in New Zealand any alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of returns:
b: exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
c: amending or replacing the table in Schedule 4B
6: Regulations under subsection (5)(c) may be made only—
a: for the purpose of aligning the rates for classes of alcohol under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 5(1)
b: after consultation with the Minister of Customs.
7: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 92(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 92(1)(b) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 92(1)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 92(1)(d) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 92(1)(g) substituted 24 February 2011 section 23(1) New Zealand Public Health and Disability Amendment Act 2010 Section 92(1)(h) repealed 25 December 2002 section 51(1) Local Electoral Amendment Act 2002 Section 92(2) amended 24 February 2011 section 23(2) New Zealand Public Health and Disability Amendment Act 2010 Section 92(3)(c)(i) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 92(5) inserted 1 July 2012 section 10 New Zealand Public Health and Disability Amendment Act 2012 Section 92(6) inserted 1 July 2012 section 10 New Zealand Public Health and Disability Amendment Act 2012 Section 92(6)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 92(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Transitional and consequential provisions
93: Interpretation
In this Part, unless the context otherwise requires,— assets section 2(1) dissolved entity
a: the Health Funding Authority:
b: any hospital and health service:
c: New Zealand Blood Service Limited:
d: Pharmaceutical Management Agency Limited Health Funding Authority hospital and health service liabilities section 2(1) New Zealand Blood Service Limited Pharmaceutical Management Agency Limited Companies Act 1993 transfer section 2(1) Assets and liabilities of dissolved entities to vest in publicly-owned health and disability organisations
94: Health Funding Authority dissolved and assets and liabilities vested in the Crown
1: The Health Funding Authority is dissolved.
2: No person who, immediately before the commencement of this section, held office as a director of the Health Funding Authority is entitled to compensation for loss of the office.
3: On the commencement of this section, the assets and liabilities of the Health Funding Authority vest in the Crown (acting, in the case of any shares vested, through the Minister and, in the case of any other assets or liabilities vested, through the Ministry of Health).
95: Hospital and health services dissolved and assets and liabilities vested in DHBs
1: Every hospital and health service is dissolved.
2: No person who, immediately before the commencement of this section, held office as a director of a hospital and health service is entitled to compensation for loss of the office.
3: Except as provided in subsection (4), on the commencement of this section, the assets and liabilities of each hospital and health service (other than New Zealand Blood Service Limited) vest in the DHB whose name is shown opposite the name of the hospital and health service in column 2 of Schedule 7
4: The assets and liabilities vested by subsection (3) do not include rights or obligations under any contract of service under which a person was, before the commencement of this section, employed as the chief executive of a hospital and health service.
5: The Registrar of Companies must remove from the register of companies kept under section 360(1)(a)
96: Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
On the commencement of this section, the assets and liabilities of New Zealand Blood Service Limited vest in NZBS.
97: Former directors of New Zealand Blood Service Limited to be transitional members of NZBS
1: Every person who, on the date immediately before the commencement of this section, held office as a director of New Zealand Blood Service Limited is to be taken to have been appointed under section 56
2: Within 28 days after the commencement of this section, every member continuing in office under subsection (1) must give the Minister the statement required to be completed by section 56(2)
3: If on the 29th day after the commencement of this section a member affected by subsection (1) has failed to comply with subsection (2), the member ceases to be a member of the board of NZBS on that day.
98: Pharmaceutical Management Agency Limited dissolved and assets and liabilities vested in Pharmac
1: Pharmaceutical Management Agency Limited is dissolved.
2: No person who, immediately before the commencement of this section, held office as a director of Pharmaceutical Management Agency Limited is entitled to compensation for loss of the office.
3: On the commencement of this section, the assets and liabilities of the Pharmaceutical Management Agency Limited vest in Pharmac.
4: The Registrar of Companies must remove from the register of companies kept under section 360(1)(a)
99: Former directors of Pharmaceutical Management Agency Limited to be transitional members of board of Pharmac
1: Every person who, immediately before the commencement of this section, held office as a director of Pharmaceutical Management Agency Limited is to be taken to have been appointed under section 52
2: Within 28 days after the commencement of this section, every member continuing in office under subsection (1) must give the Minister the statement required to be completed by section 52(2)
3: If on the 29th day after the commencement of this section a member affected by subsection (1) has failed to comply with subsection (2), the member ceases to be a member of the board of Pharmac on that day.
100: Health Sector (Transfers) Act 1993 to apply to vestings under this Act
1: Section 6 sections 8 to 14 Schedule 1 sections 94 to 96 section 98
a: each vesting had been effected under section 5
b: each dissolved entity were a transferor within the meaning of that Act.
2: For the purposes of the Government Superannuation Fund Act 1956 sections 94 to 96 section 98
a: to be taken to be employed in the Government service; and
b: that Act applies to that person as if service with the transferee were Government service.
3: Subject to the Government Superannuation Fund Act 1956
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
101: Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health
1: Section 13
a: in subsection (1) of that section there were inserted, before the words an employee of a transferor on or after 1 April 2000
b: in subsection (2) of that section there were inserted, before the words an employee of a transferor on or after 1 August 2000
c: in subsection (2) of that section there were substituted for the expression 9 months 3 months
d: in subsection (6) of that section there were substituted for the words 31st day of December 1994 commencement of section 101 of the New Zealand Public Health and Disability
2: For the purposes of subsection (1), every dissolved entity is to be taken to be a transferor as well as a transferee within the meaning of the Health Sector (Transfers) Act 1993
3: Before 31 December 2002, the Director-General may give notice to any employee of the Director-General that the employee may, through the operation of section 4 section 5
4: From the date of a notice given to an employee under subsection (3), the Health Sector (Transfers) Act 1993
a: in section 13(2) 9 months 3 months
b: in section 13(6) the 31st day of December 1994 31 December 2002
c: in section 15(1) the 31st day of March 1994 31 December 2002 Section 101(1)(d) amended 22 October 2003 section 3 New Zealand Public Health and Disability Amendment Act 2003
102: References to dissolved entities to be references to their successors
As from the commencement of this section, unless the context otherwise requires, every reference in any notice or document—
a: to the Health Funding Authority must be read as a reference to the Crown (acting, in the case of any shares formerly held by the Health Funding Authority, through the Minister and, in any other case, through the Ministry of Health):
b: to a hospital and health service (other than New Zealand Blood Service Limited) must be read as a reference to the DHB in whom the assets and liabilities of the hospital and health service are vested by section 95
c: to New Zealand Blood Service Limited must be read as a reference to NZBOS
d: to the Pharmaceutical Management Agency Limited must be read as a reference to Pharmac. Section 102(c) amended 30 November 2020 section 24 Organ Donors and Related Matters Act 2019
103: Persons in whom assets and liabilities vested deemed dissolved entities for certain purposes
Every person in whom the assets and liabilities of a dissolved entity are vested by any of sections 94 to 96 98
a: the Goods and Services Tax Act 1985
b: any enactment or accounting practice relating to accounting records or financial statements. Transitional provisions relating to annual reports and financial statements of dissolved entities
104: Meaning of final report
In section 105 final report
a: a report setting out the information specified in section 41I
b: the dissolved entity's financial statements for that period, which—
i: set out the information specified in section 41
ii: are accompanied by an audit opinion prepared by the Audit Office in accordance with section 43
105: Final reports of dissolved entities
1: As soon as reasonably practicable after the commencement of this section, the Minister must receive—
a: from the Director-General the final report of the Health Funding Authority:
b: from each DHB the final report of the hospital and health service whose assets and liabilities are vested in the DHB by section 95
c: from NZBS the final report of New Zealand Blood Service Limited:
d: from Pharmac the final report of the Pharmaceutical Management Agency Limited.
2: As soon as practicable after receiving each final report, the Minister must present the report to the House of Representatives. All positions on boards of DHBs filled by appointment until first elections
106: Transitional board members
1: In the period commencing with the commencement of this section and ending with the first elections of members of boards of DHBs, the Minister may appoint up to 11 members to the board of each DHB (whether that DHB has been, or is to be, established) to hold the positions that are, after those elections, to be held by elected and appointed members.
2: The provisions of this Act that apply to appointed members of DHBs apply to members appointed under subsection (1), except that—
a: the appointment of such a member (whether as member, chairperson, or deputy chairperson) must be made by written notice to the member, and need not be notified in the Gazette
b: such a member need not complete the statement under section 29(6)
c: if such members hold a meeting of a board of a DHB before 1 February 2001, clauses 16 to 24 28 31 to 35
3: As soon as practicable after the commencement of this section, the Minister must make appointments under subsection (1) to enable each DHB to operate on and from 1 January 2001.
4: For the purpose of enabling a DHB to operate on and from 1 January 2001, the members appointed under subsection (1) in respect of a DHB may, before that date, exercise or perform any duty, power, or function of the board of the DHB.
5: A record of every meeting of the board of a DHB held in accordance with subsection (2)(c) and of every decision taken in respect of the board of a DHB under subsection (4) must be tabled at the first meeting of the board that is publicly notified under clause 16
6: Despite subsection (2), when the first elected members of a board of a DHB come into office, every member appointed under subsection (1) ceases to be a member of the board. Amendments to other Acts
107: Amendments to Commerce Act 1986
Amendment(s) incorporated in the Act(s)
108: Amendments to State Sector Act 1988
Amendment(s) incorporated in the Act(s)
109: Amendment to Mental Health Commission Act 1998
Amendment(s) incorporated in the Act(s) Consequential repeals, revocations, and amendments
110: Consequential repeals and revocations
1: The following Acts are repealed:
a: Health and Disability Services Act 1993 (1993 No 22):
b: Maternal Mortality Research Act 1968 (1968 No 26).
2: The instruments specified in Schedule 8
111: Consequential amendments
1: The Acts specified in Schedule 9
2: The regulations specified in Schedule 10
112: Saving
1: The direction concerning the eligibility of persons for Crown-funded services given to the Health Funding Authority under section 25 of the Health and Disability Services Act 1993, and in force immediately before the commencement of this section, is deemed to have been given, under section 32
2: The Minister may at any time amend or revoke the direction referred to in subsection (1) by issuing a direction under section 32
3: Every notice given, under section 51 of the Health and Disability Services Act 1993, and in force immediately before the commencement of this section, continues in force as if the notice had been given by the Crown under section 88
4: The Crown (acting through the Ministry of Health) may at any time amend or revoke a notice referred to in subsection (3) by issuing a notice under section 88
5: Despite sections 28 63
a: hold any shares or interests in a body corporate or in a partnership, joint venture, or other association of persons if those shares or interests were vested in the organisation by this Act; and
b: be the trustee of a trust if the office as trustee was vested in the organisation by this Act.
6: On the expiry of the period referred to in subsection (5), no organisation may continue to hold such shares or interests or be such a trustee without the consent of the Minister, given in accordance with section 28 section 63 Appropriations for purposes of Act
113: Interim authority of Crown to incur liabilities
1: Liabilities of up to a total of $1,200,000,000 may, during the 2000/01 year, be incurred in advance of appropriation in relation to Vote Health to provide the capital injections required to establish the District Health Boards.
2: All liabilities incurred under this section must be charged in the manner to be specified in an Appropriation Act for the 2000/01 year and, until the coming into force of the Appropriation Act in which that manner is specified, may be incurred during the 2000/01 year as if they had been incurred in accordance with one of the separate appropriations specified in section 4(3) Transitional provisions relating to New Zealand health strategy and New Zealand disability strategy
114: Consultation for first New Zealand health strategy and first New Zealand disability strategy
1: The consultation undertaken, before the commencement of this section, by the Minister on proposals for a New Zealand health strategy is to be taken to be consultation for the purposes of section 8(3)
2: The consultation undertaken, before the commencement of this section, by the Minister of the Crown who is responsible for disability issues on proposals for a New Zealand disability strategy is to be taken to be consultation for the purposes of section 8(3)
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DLM83566
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2000
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Health Sector (Transfers) Amendment Act 2000
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1: Title
1: This Act is the Health Sector (Transfers) Amendment Act 2000.
2: In this Act, the Act known before the commencement of this Act as the Health Reforms (Transitional Provisions) Act 1993 the principal Act
2: Commencement
1: Section 14
2: The rest of this Act comes into force on 1 January 2001.
3: Title repealed
The Title of the principal Act is repealed.
4: Name of principal Act changed
1: As from the commencement of this section, the principal Act is called the Health Sector (Transfers) Act 1993
2: The Short Titles of the principal Act and of the Health Reforms (Transitional Provisions) Amendment Act 1997 Health Reforms (Transitional Provisions) Health Sector (Transfers)
3: As from the commencement of this section, every reference in any enactment and in any document to the Health Reforms (Transitional Provisions) Act 1993 Health Sector (Transfers) Act 1993
5: Interpretation
1: Section 2(1) Residual Health Management Unit transferee transferor RHMU section 57 of the New Zealand Public Health and Disability Act 2000 transferee
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: a person declared under subsection (6) transferor
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: Health Benefits Limited:
e: in relation to any assets or liabilities that are transferred for a second or subsequent time, includes the transferee to whom those assets or liabilities have previously been transferred: .
2: Section 2(1) Crown endowment
a: for the purpose of providing an income derived from that land—
i: for hospital purposes (such as for the maintenance of a hospital); or
ii: for the purposes of any health services or disability support services or both; or
b: for the purposes of establishing, or providing a site for, a hospital or like institution; or
c: for hospital purposes; or
d: for the purposes of any health services or disability support services or both; or
e: for any or all of the purposes described in paragraphs (a) to (d) Crown endowment land
a: is vested in the DHB as a Crown endowment; and
b: was either—
i: granted by the Crown to the DHB or to any of its predecessors in title; or
ii: vested in the DHB or in any of its predecessors in title by or pursuant to any Act, Provincial Ordinance, grant, or Order in Council; and
c: was not land that, before it was granted to, or vested in, the DHB or any of its predecessors in title, had been given to the Crown, whether in trust or otherwise; and
d: is not a public reserve within the meaning of the Reserves Act 1977
e: is not, except for being held as a Crown endowment, land that is held in trust for a particular purpose; and
f: is not, except for being held as a Crown endowment, land in respect of which special provision is made by any Act or Provincial Ordinance Crown entity section 2(1) of the Public Finance Act 1989 Health Benefits Limited Companies Act 1993 predecessor in title publicly-owned health and disability organisation .
3: Section 2(1) paragraph (f) transfer section 22
4: Section 2 subsection (2)
2: Unless the context otherwise requires, terms defined in section 6(1) of the New Zealand Public Health and Disability Act 2000
5: Section 2
6: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any person to be a transferee for the purposes of this Act.
6: New
section 2A The principal Act is amended by inserting, after section 2
2A: Purposes of this Act
The purposes of this Act are as follows:
a: to provide for assets, liabilities, or functions within the public health and disability sector to be transferred to the Crown or to certain specified bodies within that sector:
b: to provide for the effect and the consequences of—
i: transfers, in accordance with this Act, of assets, liabilities, or functions within the public health and disability sector:
ii: sales or other dispositions of land by DHBs:
c: to permit DHBs, subject to specified conditions, to sell or dispose of land that is subject to trusts or certain other restrictions.
7: Application of transfer to third parties
Section 6(1) sections 4, 5, and 22 sections 4 and 5
8: New heading substituted
The principal Act is amended by omitting the heading Assets Held in Trust section 10 Assets held in trust or subject to restrictions
9: Assets to remain subject to trusts
Section 10 section 11 sections 11 to 11D
10: New
sections 11A to 11H The principal Act is amended by inserting, after section 11
11A: Power of DHB to deal with trust land
1: Subject to subsections (2) to (6) clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
2: The proceeds of any sale effected pursuant to subsection (1) subsection (1)
3: Nothing in this section applies to—
a: any public reserve within the meaning of the Reserves Act 1977
b: any Crown endowment land.
4: In respect of any land held in trust, the power of sale conferred by subsection (1)
5: Any question as to whether subsection (4)
6: No mortgage or charge given by a DHB in respect of any land that is held in trust for any purpose may contain or imply any power of sale of the land, whether or not the mortgage or charge purports to do so. 1983 No 134 ss 75, 77(3)
11B: Power of Minister of Health to cancel Crown endowment
1: The Minister of Health may, by written notice given to a DHB, declare that any land vested in the DHB (being land that the Attorney-General has, by written notice to the Minister of Health, declared to be Crown endowment land) is no longer subject to the Crown endowment.
2: Where a notice is given by the Minister of Health under subsection (1)
a: ceases to be subject to the Crown endowment; and
b: subject to clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
3: The Attorney-General may declare any land vested in a DHB to be Crown endowment land for the purposes of subsection (1)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land is Crown endowment land.
11C: Power of DHB to apply proceeds of sale of Crown endowment land
1: Subject to subsection (2)
a: for the purposes of any health services or disability support services, or both, provided by the DHB; or
b: for any purpose for which the DHB may lawfully apply its own property.
2: The power conferred by subsection (1)
3: A notice may be given under subsection (2)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land sold was Crown endowment land.
11D: Saving in respect of
Charitable Trusts Act 1957 Nothing in this Act prevents a DHB from exercising the rights conferred on trustees by Part III of the Charitable Trusts Act 1957
11E: Health sector reserves
1: In this section, health sector reserve Reserves Act 1977
2: Every health sector reserve is deemed to be classified, under the Reserves Act 1977
3: Every health sector reserve may be transferred under this Act to any transferee, whether or not the transferee is in the health and disability sector.
4: Every transferee to whom a health sector reserve is transferred under this Act is an administering body under the Reserves Act 1977 in respect of that reserve, except that neither section 25(3) of that Act Part IV of that Act
5: A transferee outside the health and disability sector to whom a health sector reserve is transferred under this Act must, as soon as practicable, promote either of the following:
a: an appropriate change of classification or purpose of the health sector reserve under the Reserves Act 1977
b: the revocation, under that Act, of the reservation of the health sector reserve as a reserve.
6: If the reservation of any health sector reserve is revoked under the Reserves Act 1977
a: remains vested in the transferee; and
b: is subject to any reservations or trusts affecting that land arising from Acts (other than the Reserves Act 1977
c: is subject to clause 3 of the First Schedule
d: is subject to any valid leases, rights, easements, or interests subsisting over that land at the date of the revocation.
7: Despite the Reserves Act 1977
8: The granting of a lease or licence under subsection (7)
a: if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 clause 28 of Schedule 6 of the New Zealand Public Health and Disability Act 2000
b: if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
9: Any payment under a lease or licence over a health sector reserve may be paid to the transferee in whom the reserve is vested, and may be applied for the purposes of the transferee.
10: To avoid any doubt, nothing in this Act permits the Minister to alter the status of a health sector reserve without complying with all processes required by the Reserves Act 1977
11F: Saving in respect of
Public Works Act 1981 Nothing in sections 11A to 11E clause 3 of the First Schedule
11G: Saving in respect of
Waikato Raupatu Claims Settlement Act 1995 Ngai Tahu Claims Settlement Act 1998 Nothing in sections 11A to 11E
a: section 11 of the Waikato Raupatu Claims Settlement Act 1995
b: Part 9 of the Ngai Tahu Claims Settlement Act 1998
11H: Part IVA of Conservation Act 1987
1: Subject to subsections (2) to (5) Part IVA of the Conservation Act 1987
2: The provisions of Part IVA of the Conservation Act 1987
a: is land that,—
i: before being transferred to, or vested in, the transferee under this Act or the New Zealand Public Health and Disability Act 2000
ii: is being sold or disposed of to the donor of the land or to the successor of the donor of the land (being the person who would have been entitled to the land under the will or intestacy of the donor had the donor owned the land at the date of the donor's death); or
b: is land acquired by the transferee other than land acquired by virtue of—
i: the operation of section 95 of the New Zealand Public Health and Disability Act 2000
ii: a transfer under this Act; or
c: is land being transferred to or vested in the Crown.
3: Despite subsection (1) section 24D of the Conservation Act 1987 Land Transfer Act 1952 subsection (4)
4: The certificate required by subsection (3)
a: be signed by the chief executive of the transferee by which the disposition is being effected; and
b: certify that the disposition is one to which Part IVA of the Conservation Act 1987
c: state the action that the Registrar-General of Land is required to take under section 24D of the Conservation Act 1987
d: specify the certificate of title upon which the Registrar-General of Land is to record the statements required by section 24D of the Conservation Act 1987
5: Nothing in this section limits the provisions of clause 6 of the First Schedule
11: Repeal of
sections 16 to 22 The principal Act is amended by repealing sections 16 to 22
12: Amendment to
Schedule 1 Schedule 1 clause 3
3: Modification of provisions of
Public Works Act 1981
1: In this clause, public work land
a: on 10 May 1993 was subject to sections 40 to 42 of the Public Works Act 1981
b: has on 1 or more occasions been transferred by or under this Act.
2: Sections 40 to 42 of the Public Works Act 1981
a: is held by a transferee (regardless of whether or not those purposes are the purposes for which the land was acquired under the Public Works Act 1981
i: for the purposes of the transferee; or
ii: to enable the transferee to prepare for the disposal of the land; or
iii: to enable the transferee to determine whether to transfer or hold the land for any purpose referred to in this subclause; or
b: is transferred under this Act to enable another transferee to hold the land for any of the purposes specified in paragraph (a)
c: is held under a lease or licence granted by a transferee to any person other than a transferee for health-related purposes or, with the consent of the Minister, for any other purpose.
3: If any public work land is not held or transferred in accordance with subclause (2), sections 40 and 41 of the Public Works Act 1981
4: When subclause (3) subclause (5)
a: within 40 working days following an offer made, under section 40(2) of the Public Works Act 1981
b: an offer under section 40 of that Act
5: A transferee and a person who is entitled, or may become entitled, to receive an offer under section 40(2) of the Public Works Act 1981
6: An agreement under subclause (5) section 40(2) of the Public Works Act 1981
13: Validation of use of public work land for purposes not related to health
In any case where, before the commencement of this section, any public work land (within the meaning of clause 3
a: clause 3(2)(c) section 12
b: the Minister had consented, under that clause, to that use.
14: Orders in Council transferring assets or liabilities in December 2000
Before the commencement of section 5 section 5 section 2 section 5 section 5
|
DLM84616
|
2000
|
Modern Apprenticeship Training Act 2000
|
1: Title
This Act is the Modern Apprenticeship Training Act 2000.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 January 2001.
3: Purpose of this Act
The purpose of this Act is to encourage and help people (especially those aged 16 years or older, but younger than 22 years) to take up and complete apprenticeship training.
4: Interpretation
In this Act, unless the context otherwise requires,— apprentice apprenticeship co-ordinator
a: means a body corporate, person, or body of persons, with whom the Commission
b: in relation to a funding agreement, means the apprenticeship co-ordinator or co-ordinators concerned apprenticeship training section 5 apprenticeship training agreement
a: between an employee and his or her employer that relates to the employee's receiving, or provides for the employee to receive, apprenticeship training; or
b: between an apprenticeship co-ordinator and a person employed by the co-ordinator that relates to the person's receiving, or provides for the person to receive, apprenticeship training approved code of practice
a: approved by the Minister under section 20(1)(a)
b: issued by the Minister under section 20(1)(b) Commission section 159C employed employment agreement section 5 funding agreement
a: means a written agreement between the Commission
i: to perform, in respect of an industry or industries described in the agreement, the functions and duties stated in sections 15 to 17
ii: to receive money from the Commission
b: in relation to an apprenticeship co-ordinator, means the funding agreement the apprenticeship co-ordinator has entered into industry
a: similar inputs and methods of production to produce similar products; or
b: similar methods to provide similar services ITO section 2 Minister national qualification National Qualifications Framework section 253(1)(c) Qualifications Authority Part 20 similar skills Section 4 Agency repealed 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 apprenticeship co-ordinator amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 Commission inserted 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
5: Apprenticeship training defined
For the purposes of this Act, apprenticeship training
a: provided for a person who is working in the industry while undertaking the training; and
b: provided partly or wholly where the person works, and—
i: if the person is not employed by an apprenticeship co-ordinator, mainly by or on behalf of the person's employer; but
ii: if the person is employed by an apprenticeship co-ordinator, mainly by or on behalf of persons with whom the co-ordinator has arranged the training; and
c: provided under an agreement between the person and his or her employer; and
d: intended to lead to the person's completing, or becoming competent to complete, a national qualification in the skills of the industry.
6: Apprenticeship training agreements to have effect as employment agreements
An apprenticeship training agreement must be treated for all purposes as part of the employment agreement between the employee and employer concerned. 1992 No 55 s 3
7: Approved code of practice to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court
In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000
a: every person providing mediation services under that Act:
b: the Employment Relations Authority:
c: the Employment Court.
8: Crown bound
This Act binds the Crown.
2: Apprenticeship training
Commission's Heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
9: Commission's The Commission's Section 9 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 9 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
10: Requirements relating to funding agreements
1: In determining whether to enter into a funding agreement, the Commission
a: have regard to the desirability of avoiding unnecessary duplication of effort (in light of the existence of other funding arrangements
b: consult the Qualifications Authority.
2: A funding agreement must—
a: specify agreed levels of performance for the apprenticeship co-ordinator or co-ordinators (or prospective apprenticeship co-ordinator or co-ordinators) concerned; and
b: provide for the variation, suspension, and termination, of funding or of the funding agreement or of both, if the specified levels of performance are not achieved. Section 10(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 10(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
11: ITOs may be apprenticeship co-ordinators
1: Nothing in this Act prevents an ITO from entering into a funding agreement with the Commission
2: An ITO may agree with the Commission sections 15 to 17 Industry Training Act 1992 Section 11(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 11(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
12: Additional functions of
Commission The Commission
a: to develop and recommend to the Minister a code of practice, in accordance with section 23
b: to make the approved code of practice available, in accordance with section 27
c: to monitor apprenticeship co-ordinators' performance to ensure they comply with—
i: the funding agreement; and
ii: the approved code of practice:
d: to try to find a new employer with whom an apprentice can complete his or her apprenticeship training, if it becomes aware that—
i: it is impracticable for the apprentice to complete his or her apprenticeship training with an employer; and
ii: the apprenticeship co-ordinator who arranged the apprentice's apprenticeship training cannot, for any reason, find a new employer for the apprentice to complete his or her apprenticeship training with:
e: to administer and disburse public money appropriated by Parliament for the purpose of apprenticeship training. Section 12 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 12 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
13: Commission
1: To determine the extent to which the agreed levels of performance specified in a funding agreement are being or have been met, the Commission Commission
2: The apprenticeship co-ordinator must take all reasonable steps to comply with the notice.
3: This section does not affect any power the Commission Commission 1992 No 55 s 12 Section 13 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
14: Commission's Sections 9 to 13 Commission Section 14 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 14 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Apprenticeship co-ordinators' functions, duties, and liabilities
15: Co-ordinators' functions
1: An apprenticeship co-ordinator has the following functions:
a: to promote apprenticeship training generally:
b: to identify potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by the co-ordinator:
c: to arrange for potential apprentices training or employment intended to lead to apprenticeship training for them:
d: to help people enter into apprenticeship training agreements:
e: if the co-ordinator employs or is to employ apprentices, to arrange with persons for apprenticeship training to be provided to the apprentices by or on behalf of those persons, on terms and conditions mutually acceptable to the co-ordinator and those persons.
2: A co-ordinator helping a person ( A
a: advise A that, if A is unsure about the effect or implications of the agreement, he or she should not enter into it without first seeking advice about doing so from an independent person (for example, a parent, guardian, caregiver, or lawyer); and
b: give A a reasonable opportunity to seek that advice.
16: Additional functions of co-ordinators
1: An apprenticeship co-ordinator also has the following functions:
a: to produce and facilitate the implementation of individual training plans under and consistent with an apprentice's apprenticeship training agreement:
b: to take all reasonably practicable steps to ensure that there are in place, and operate effectively, systems to monitor apprenticeship training so as to ensure that it leads to apprentices' attaining within a time that is reasonable in all the circumstances the levels of skills necessary to have completed or become competent to complete a national qualification in the skills of the industry or industries concerned:
c: to ensure, so far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, is consistent with the approved code of practice:
d: to support apprentices not employed by the co-ordinator—
i: by giving them advice; and
ii: by helping them to resolve problems in their apprenticeship training as those problems arise (including, if necessary, trying to arrange for an apprentice to complete his or her apprenticeship training with some other employer).
2: In performing functions under subsection (1)(a), the co-ordinator must consult the apprentice and,—
a: if the co-ordinator does not employ the apprentice, the apprentice's employer; or
b: if the co-ordinator does employ the apprentice, any persons with whom the co-ordinator has arranged or may arrange apprenticeship training for the apprentice.
17: Matters co-ordinators to have regard to
In performing any of their functions or duties under this Act, apprenticeship co-ordinators must—
a: have regard to every part of the approved code of practice that affects the nature or performance of that function or duty:
b: have regard to current training and education activities in the industry or industries in which they are performing those functions or duties:
c: have particular regard to the needs of Maori, the Pacific Islands peoples of New Zealand, people with disabilities, and women.
18: Co-ordinators' liabilities
1: Apprenticeship co-ordinators have no civil liability for any act or thing they do or omit to do, in good faith, in performing or purporting to perform any of their functions or duties under this Act.
2: Subsection (1) does not prevent the Commission
3: Subsection (1) does not affect any liability of a co-ordinator that arises by virtue of the fact that the co-ordinator is or has been an employer of an apprentice. Section 18(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Application of Health and Safety in Employment Act 1992
19: Application of Health and Safety in Employment Act 1992
1: This section applies to an apprentice receiving apprenticeship training from some other person under an arrangement between the apprentice's employer and the other person.
2: The Health and Safety in Employment Act 1992
3: Subsection (2) does not affect the application of the Health and Safety in Employment Act 1992
3: Code of practice
Approval of code of practice
20: Minister may approve code
1: The Minister may, by notice in the Gazette
a: approve a code of practice recommended by the Commission section 23
b: in the circumstances stated in section 25 Commission
2: Before approving a code of practice under subsection (1)(b), the Minister may consult any people or organisations that the Minister thinks appropriate.
3: The notice may, instead of setting out the code of practice being approved or issued,—
a: give enough information to identify it; and
b: state when it comes into force and where copies of it may be obtained. Section 20(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 20(1)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
21: Purpose of code
The purpose of a code of practice is to offer guidance, consistent with this Act, about the responsibilities relating to apprenticeship training of apprenticeship co-ordinators, employers, and apprentices.
22: Content of code
1: A code of practice may include material relating to—
a: identifying potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by an apprenticeship co-ordinator:
b: apprenticeship co-ordinators' duties, or minimum standards of conduct apprenticeship co-ordinators must observe, in relation to apprenticeship training:
c: duties, or minimum standards of conduct, relating to apprenticeship training that, for any reason, employers or apprentices should or should not agree to perform or observe:
d: arrangements for apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
e: practices in apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
f: the independent mediation of disputes relating to apprenticeship training arising between apprenticeship co-ordinators and employers, or apprenticeship co-ordinators and apprentices not employed by those co-ordinators.
2: A code of practice may include different provisions in respect of, or provisions that apply to 1 only of,—
a: apprenticeship training where the apprentice is not employed by an apprenticeship co-ordinator:
b: apprenticeship training where the apprentice is employed by an apprenticeship co-ordinator.
3: Subsections (1) and (2) do not limit section 21
23: Development and recommendation of code
1: The Commission
a: as requested by the Minister; and
b: within any time (including any extension of time) specified by the Minister.
2: In developing the code, the Commission
a: may consult any people and organisations it considers appropriate; and
b: must consult any people and organisations the Minister directs. Section 23(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 23(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
24: Minister may decline to approve code recommended
The Minister may, instead of approving a code of practice recommended by the Commission
a: decline to approve the code; or
b: decline to approve the code, but refer it back to the Commission Section 24 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 24(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
25: Minister may issue other code
The Minister may issue a code of practice under section 20(1)(b)
a: the Commission section 23(1)(b)
b: the Minister declines to approve a code of practice recommended by the Commission Section 25(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 25(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Provisions relating to approved code of practice
26: When approved code comes into force
The approved code of practice comes into force—
a: on the 28th day after the date on which it is issued or approved in the Gazette
b: on any later date specified in it.
27: Availability of approved code
1: The Commission Commission
2: The Commission
a: giving a person a copy of the approved code of practice; or
b: allowing a person to use the Commission's
3: Subsection (2)(b) does not require the Commission Commission's Section 27(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
28: Proof of approved code
1: A code of practice that appears to have been approved or issued under section 20(1)
2: Subsection (1) does not limit any method of proof of the approved code of practice.
29: Application of Legislation Act 2012 to approved code
The approved code of practice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 section 41 Section 29 replaced 5 August 2013 section 77(3) Legislation Act 2012
30: Amendment, revocation, and replacement of approved code
The approved code of practice may be amended, or revoked, or revoked and replaced, in the same manner as it was approved or issued, and sections 20 to 29
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DLM84917
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2000
|
New Zealand/Singapore Closer Economic Partnership Act 2000
|
1: Title
This Act is the New Zealand/Singapore Closer Economic Partnership Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
1: Amendments to Dumping and Countervailing Duties Act 1988
3: Dumping and Countervailing Duties Act 1988 called principal Act in this Part
In this Part, the Dumping and Countervailing Duties Act 1988 the principal Act
4: New section 3BA inserted
The principal Act is amended by inserting, after section 3B
3BA: Meaning of goods of Singaporean origin
For the purposes of this Act, goods of Singaporean origin
5: Termination of investigations
1: Section 11(2)
a: in the case of dumping, the margin of dumping is,—
i: in the case of goods of Singaporean origin, less than 5% (expressed as a percentage of the export price); or
ii: in the case of goods of any other origin, less than 2% (expressed as a percentage of the export price); or.
2: Section 11
2A: For the purposes of subsection (2)(c), in applying Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, annexed to the WTO Agreement, in relation to goods of Singaporean origin,—
a: the first reference in Article 5.8 to 3 per cent 5 per cent
b: accordingly, if the volume of goods of Singaporean origin dumped is found to account for less than 5% of the total imports of like goods into New Zealand, the volume of goods dumped must normally be regarded as negligible.
6: Anti-dumping and countervailing duties
1: Section 14(9) 5 years the specified period
2: Section 14
9A: In subsection (9), specified period
a: in the case of goods of Singaporean origin, 3 years; and
b: in the case of goods of any other origin, 5 years.
2: Amendment to Engineers Registration Act 1924
7: Engineers Registration Act 1924 called principal Act in this Part
In this Part, the Engineers Registration Act 1924 is called the principal Act
8: Qualifications of applicants for registration as engineers
Section 6 of the principal Act is amended by adding the following subsection:
3: For the purposes of subsection (1), a person who is ordinarily resident in Singapore must be treated as being ordinarily resident in New Zealand.
3: Amendment to Tariff Act 1988
9: Tariff Act 1988 called principal Act in this Part
In this Part, the Tariff Act 1988 the principal Act
10: New section 7A inserted
The principal Act is amended by inserting, after section 7
7A: Application of Tariff to goods of Singaporean origin
The rate of duty of Free applies under the Tariff to all goods being the produce or manufacture of Singapore.
|
DLM84940
|
2000
|
Student Loan Scheme Amendment Act (No 2) 2000
|
1: Title
1: This Act is the Student Loan Scheme Amendment Act (No 2) 2000.
2: In this Act, the Student Loan Scheme Act 1992 the principal Act
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: Sections 4 to 12 and 15 apply on and from 2000/01 income year
Sections 4 to 12 15
4: Interpretation
1: Section 2 collection
2: Section 2 administration collection
5: Repayment obligation for borrowers who are non-resident for part of income year
Section 35(2)
b: interest may be written off under sections 38A to 40
c: for the purpose of calculating an interest write-off under section 38B section 38B(1)(b) $24,596 × d/365 where d is the number of days in the period that the borrower is or was a resident.
6: New headings and sections 38A to 41 substituted
The principal Act is amended by repealing sections 39 to 41 section 39 Full interest write-off
38A: Full interest write-off for full-time, full-year students
1: A borrower is entitled to the full interest write-off in section 38C
a: of at least 32 weeks in duration in any 52-week period that ended during the income year; and
b: at least 80% of equivalent full-time study, as determined in accordance with the formula used for the purposes of the Education Act 1989
2: The conditions in section 38D
3: This section is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
38B: Full interest write-off for part-time or part-year students
1: A borrower is entitled to the full interest write-off in section 38C
a: undertook a course of study approved under section 258 of the Education Act 1989 section 38A
b: had net income of $24,596 or less.
2: The conditions in section 38D
3: This section is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
38C: Amount of full interest write-off
When section 38A or section 38B
a: the amount of interest calculated on the borrower's IRD loan balance at the total interest rate in respect of the income year; and
b: if the borrower had, under section 4
38D: Conditions for full-interest write-off
1: The full interest write-off in section 38C
a: if the borrower either completed the course, or did not complete the course but did not receive a refund of all or part of his or her tuition fee; and
b: in respect of a period for which the borrower is or was a resident; and
c: in respect of an income year in respect of which the borrower has given to the Commissioner such information as the Commissioner may reasonably require to determine the course of study undertaken by the borrower in that income year.
2: In addition, the full interest write-off applies to part-time or part-year students referred to in section 38B Base interest write-off
39: Base interest write-off where income below repayment threshold
1: This section applies in respect of an income year in which—
a: the net income of a borrower is less than or equal to the repayment threshold; and
b: the borrower is not entitled to an interest write-off under section 38A or section 38B
2: When this section applies, the following amounts of interest must be reduced to zero:
a: the amount of interest calculated on the borrower's IRD loan balance at the base interest rate in respect of the income year; and
b: if the borrower had, under section 4
3: This section is subject to section 41
4: Subsection (2) is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000 Interest reduction
40: Interest reduction where base interest exceeds 50% of repayment obligation
1: This section applies in respect of an income year in which—
a: the interest chargeable on a borrower's IRD loan balance at the base interest rate exceeds the amount that is 50% of the borrower's repayment obligation; and
b: the borrower is not entitled to an interest write-off under any of sections 38A to 39
2: When this section applies,—
a: if the borrower did not have, under section 4
b: if the borrower had, under section 4
i: the amount of interest calculated on the borrower's IRD loan balance at the base interest rate in respect of the income year; and
ii: any amount of interest calculated on that loan balance at the base interest rate in respect of a previous income year.
3: This section is subject to section 41
4: Subsection (2) is subject to section 13 of the Student Loan Scheme Amendment Act (No 2) 2000
41: Conditions for base interest write-off
The base interest write-off in section 39 section 40
a: a period for which the borrower is or was a resident; and
b: an income year in respect of which the borrower has given to the Commissioner a return of taxable income, or has responded to an income statement or other return prescribed by the Commissioner for the purpose of this section.
7: New section 50 substituted
The principal Act is amended by repealing section 50
50: Priority of payments
1: Fifty percent of any payment in respect of a repayment obligation must be off-set—
a: first, against any interest adjustment interest charged; and
b: secondly, against any principal outstanding.
2: The other 50% of the payment must be off-set—
a: first, against any base interest charged; and
b: secondly, against any interest adjustment interest charged; and
c: thirdly, against any principal outstanding.
8: New section 55 substituted
The principal Act is amended by repealing section 55
55: Power of Commissioner to write off base interest payable by non-resident
1: The Commissioner may write off, in whole or in part, the interest chargeable on a borrower's IRD loan balance at the base interest rate if, for an income year, the Commissioner—
a: has, in accordance with section 54
b: is satisfied that—
i: the borrower is a non-resident who, in that income year, is or has been engaged in full-time study outside New Zealand; and
ii: payment of the base interest chargeable for any period during which the borrower was, in the income year, engaged in full-time study outside New Zealand has caused or would cause serious hardship to the borrower.
2: This section applies—
a: despite section 41
b: only for an income year in which the borrower has not, under section 4
9: New section 59 substituted
The principal Act is amended by repealing section 59
59: Appropriation of refunds
A refund of repayment obligation or interest that has been paid in excess of the amount required under this Act may be made without further appropriation than this section.
10: Changes in balance dates producing income year other than 12 months
Section 61 ; and
c: for the purpose of calculating an interest write-off under section 38B section 38B(1)(b) $24,596 × b/365
11: Disclosure of information
1: Section 62
1A: For the purposes of subsection (2)(ab) and section 81(4)(g) of the Tax Administration Act 1994 authorised person
2: Section 62(2)
ab: an authorised person from disclosing to another authorised person the information specified in subsection (2AA) for the purpose of enabling the Commissioner to determine a borrower's entitlement to a full interest write-off under section 38A or section 38B
3: Section 62
2AA: For the purposes of subsection (2)(ab), the information that may be disclosed is—
a: the borrower's name, date of birth, and student identification number:
b: the duration of the course or courses of study undertaken by the borrower, and the percentage of equivalent full-time study of the course or courses (as determined in accordance with the formula used for the purposes of the Education Act 1989
c: whether the borrower completed the course or courses of study and, if not, whether the borrower received a refund of all or part of his or her tuition fee:
d: the identification number of the provider of the course or courses of study undertaken by the borrower:
e: the tax file number of the borrower:
f: any other particulars that the Commissioner considers relevant to the purposes of subsection (2)(ab).
12: Regulations
1: Section 87(1)
ba: amending the income amount used in sections 35(2), 38B(1)(b), and 61(c) .
2: Section 87(4) or subsection (1)(b) or subsection (1)(ba)
13: Transitional provision relating to interest write-offs for 2000/01 income year
Sections 38A to 41 section 6
a: 1 January 2000 on money advanced to a borrower under a student loan contract entered into on or after that date; and
b: 1 April 2000 on money advanced to a borrower under a student loan contract entered into before 1 January 2000.
2: Amendments to other Acts
Amendments to Tax Administration Act 1994
14: Tax Administration Act 1994 called principal Act in sections 15 to 17
In sections 15 to 17 Tax Administration Act 1994 the principal Act
15: Annual income tax returns not required
Section 33A(1)
g: is a person who, in an income year, has a nil IRD loan balance on the last day of the year; and
h: is not eligible to receive a full interest write-off under section 38B of the Student Loan Scheme Act 1992
i: is not eligible to receive a base interest write-off or reduction under section 39 or section 40 of the Student Loan Scheme Act 1992
16: Officers to maintain secrecy
Section 81(4)(g) subsection (2) , (2AA),
17: New section 85D inserted
The principal Act is amended by inserting, before section 86
85D: Ministry of Education to provide information as to study status of student loan borrowers
1: The purpose of this section is to facilitate the exchange of information between the Ministry and the Department for the purpose of verifying borrowers' entitlements to a full interest write-off under sections 38A and 38B of the Student Loan Scheme Act 1992
2: For the purpose of this section, the Secretary of Education, or any authorised officer of the Ministry, must,—
a: No later than the seventh working day in April in each year, provide the Commissioner with such of the information specified in subsection (3) that is requested by the Commissioner in respect of each borrower who has undertaken a course of study during a period that ended during the immediately preceding income year; and
b: within 7 working days of a request by the Commissioner, provide the Commissioner with such of the information specified in subsection (3) that is requested by the Commissioner in respect of any particular borrower who has undertaken a course of study.
3: For the purposes of subsection (2), the information that may be provided is—
a: the name, student identification number, and date of birth of the borrower:
b: the duration of the course or courses of study undertaken by the borrower, and the percentage of equivalent full-time study of the course or courses (as determined in accordance with the formula used for the purposes of the Education Act 1989
c: whether the borrower completed the course or courses of study and, if not, whether the borrower received a refund of all or part of his or her tuition fee:
d: the identification number of the provider of the course or courses of study undertaken by the borrower:
e: the tax file number of the borrower (if known):
f: any other particulars that the Commissioner considers relevant to the purpose of this section.
4: On receiving information from the Ministry under this section, the Commissioner may cause a comparison of the information to be made with the information held by the Commissioner that relates to that borrower in order to determine whether he or she is entitled to a full interest write-off under section 38A or section 38B of the Student Loan Scheme Act 1992
5: Despite section 81 Privacy Act 1993
6: In this section,— authorised officer of the Ministry borrower section 2 of the Student Loan Scheme Act 1992 Ministry Amendment to Privacy Act 1993
18: Schedule 3 of Privacy Act 1993 amended
Schedule 3 Privacy Act 1993 Tax Administration Act 1994 , and 85D
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DLM84994
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2001
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Social Security Amendment Act 2001
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1: Title
1: This Act is the Social Security Amendment Act 2001.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: Parts 1 2
2: Part 3 Schedule
3: The rest of this Act comes into force on the day after the date on which the Act receives the Royal assent.
3: Purpose
The purpose of this Act is to amend the Social Security Act 1964
a: remove the requirement that work-tested beneficiaries undertake community work; and
b: provide that activity in the community and voluntary work will be options that work-tested beneficiaries may undertake; and
c: disestablish the community wage, and re-establish an unemployment benefit and a non-work-tested sickness benefit; and
d: change the work test so that it focuses, through job seeker agreements, on assisting work-tested beneficiaries to gain employment; and
e: simplify the sanctions regime for failure to comply with the work test and related obligations; and
f: abolish the work capacity assessment process; and
g: increase the income thresholds for eligibility for the disability allowance.
4: Sections 47 to 51 and heading repealed
1: The principal Act is amended by repealing sections 47 to 51 section 47
2: The principal Act is consequentially amended by repealing sections 12J(3) 53A(1)(bb) 132E
3: The Social Security Amendment Act 1998 sections 15(1) 16(1) (4) 17
1: Amendments to principal Act coming into force on 1 April 2001
5: General specification of organised activities
1: Section 110(3)(f) (including community work)
2: Section 110(3) paragraph (h)
ha: participation in a recognised community activity
i: activity in the community
ii: voluntary work
6: Direction to participate in organised activity
1: Section 111(1) activities (other than a recognised community activity)
2: Section 111 subsection (1)
1A: The chief executive may request a person to whom the work test applies to participate in a recognised community activity if the chief executive considers that the activity—
a: would, or is likely to, assist the person improve his or her prospects for employment; and
b: is suitable for the circumstances of that person.
7: Penalties for failure to participate in organised activity
Section 116 subsection (1)
1A: Paragraphs (a) and (b) of subsection (1)
8: Penalties for failure to participate in organised activity to satisfaction of chief executive
Section 118 subsection (1)
1A: Subsection (1)
9: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: Section 123C(1) undertakes any work (other than voluntary work)
2: Section 123C subsection (1)
1A: Except as provided in subsection (1)
10: Amendments to Social Security (Participation Allowance) Regulations 1998
1: Regulations 3 4 Schedule Social Security (Participation Allowance) Regulations 1998 organised
2: The Schedule Social Security (Participation Allowance) Regulations 1998 An activity in the community (as defined in the Act).
3: The Schedule Social Security (Participation Allowance) Regulations 1998 was required had undertaken
2: Further amendments to principal Act coming into force on 1 April 2001
11: Rates of benefits, etc, may be increased by Order in Council
Section 61H(1) paragraph (a)
aa: amend section 69C(1)(c)
12: Disability allowance
Section 69C(1)(c)
a: omitting the word it the income less 4.25% of that income
b: omitting the words any one of the benefits referred to in paragraph (a) of this subsection an invalid's benefit
3: Amendments to principal Act coming into force on 1 July 2001
Consequential amendments to definitions
13: Interpretation
1: Section 3(1) paragraph (a) benefit of this Act or Part 2
2: Section 3(1) paragraph (aa) benefit
3: Section 3(1) paragraph (a) income-tested benefit
a: an unemployment benefit:
aa: a sickness benefit:
4: Section 3(1) paragraph (a) work-test married rate a community wage an unemployment benefit or a sickness benefit
5: Section 3(1) paragraph (a) work-tested beneficiary
a: a person granted an unemployment benefit; or
6: Section 3(1) paragraph (a) work-tested benefit
a: an unemployment benefit; or
7: Section 3(1) paragraph (e) work-tested benefit includes a sickness benefit,
8: Section 3(1) work-tested spouse a community wage earner, or a person granted a person granted an unemployment benefit, a sickness benefit, or
9: Section 3(1) community wage community wage earner job seeker contract organised activity Re-establishment of sickness benefit
14: New sections 54 to 54F inserted
The principal Act is amended by inserting, after the heading Sickness Benefits section 53A
54: Sickness benefit: standard eligibility requirements
1: A person is entitled to a sickness benefit if he or she satisfies the criteria in subsections (2), (3), and (4)
a: is not in full-time employment, 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 full-time employment; or
b: is in employment, but is losing earnings because, through sickness or injury, he or she is not actually working, or is working only at a reduced level.
2: An applicant for a sickness benefit must be—
a: aged 18 years or over; or
b: aged 16 years or over, be married, and have 1 or more dependent children.
3: An applicant for a sickness benefit must have resided continuously in New Zealand for at least 2 years at any time.
4: An applicant for a sickness benefit must have—
a: No income; or
b: an income of less than the amount that would fully abate the benefit.
5: Nothing in subsection (4)
6: For the purposes of subsection (1)(b)
54A: Sickness benefit: grounds of hardship
1: The chief executive may grant a sickness benefit under section 54 subsections (1) and (2) of that section
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 and any dependent children.
2: The chief executive may grant a sickness benefit under section 54 section 54(2) subsection (1) of this section
a: is unmarried and aged 16 or 17; and
b: is either pregnant or undergoing treatment in a rehabilitation programme recognised by the chief executive.
54B: Sickness benefit: medical examinations
1: A person who applies for a sickness benefit must include in the application a certificate by—
a: a medical practitioner; or
b: a registered dentist (in respect of a condition that is within the ambit of his or her profession); or
c: a registered midwife (in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession).
2: The certificate under subsection (1)
a: certify that the applicant's capacity for work is affected by sickness, injury, or disability; and
b: indicate the nature of the sickness, injury, or disability, 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: contain such other particulars as the chief executive may require.
3: The chief executive may at any time require an applicant for a sickness benefit or a sickness 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.
4: A medical practitioner or psychologist who conducts an examination under subsection (3)
54C: Sickness benefit: payment
A sickness benefit is paid in respect of a 5-day working week.
54D: Rates of sickness benefit
1: A sickness benefit must be paid to a sickness beneficiary at the appropriate rate in the Ninth Schedule subsection (2)
2: The appropriate rate in the Eighth Schedule Ninth Schedule
a: was a sickness beneficiary immediately before 1 July 1998; and
b: continued to receive that benefit until it was changed to a community wage; and
c: continued to receive the community wage on the grounds of sickness, injury, or disability until the community wage was changed to a sickness benefit; and
d: has continued since then to receive a sickness benefit.
3: If no payment is made under this section in respect of the spouse of a sickness beneficiary, the chief executive may increase the rate of sickness benefit payable to the beneficiary by an amount not exceeding the amount specified in clause 2 of the Ninth Schedule
4: An applicant is entitled to be paid the rate in clause 5 of the Ninth Schedule
a: the application of section 60H
b: a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.
54E: Obligations of spouse of sickness beneficiary
From the time that payment of the sickness benefit commences, the spouse of a person granted a sickness benefit at a work-test married rate must—
a: comply with any request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
54F: Transfer from community wage to sickness benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on the ground of the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage on that ground; or
ii: was eligible to be granted a community wage on that ground under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies,—
a: the community wage becomes a sickness benefit as if it were granted under section 54
b: the person ceases to be subject to the work test; and
c: any sanctions to which the person was subject under any of former sections 115, 116, or 118
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid to the person and his or her spouse (if any); and
b: in relation to the person's spouse, any of the following:
i: the requirements of section 54E
ii: any exemption from the work test under section 105
iii: a sanction under any of former sections 115 to 118
4: In this section, former section
15: Consequential amendments relating to sickness benefit
1: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage on the grounds of sickness, injury, or disability sickness benefit
a: section 12J(2)(e)
b: section 53A(1)(ba)
c: section 66(1)
d: the second proviso to section 72(b)
2: Section 53A(1)(ba) person's community wage person's sickness benefit
3: The principal Act is consequentially amended by omitting from each of the following sections the words a community wage an unemployment benefit or a sickness benefit
a: section 61(1)
b: section 61E(1)
c: section 69C(1)(a) (5)(a)
d: section 77(2) (3)
e: section 80BD(3)
4: Section 60FD Sections 92(1) to (3) and 97(3) Section 54B(1) to (3)
5: Section 60FD community wage sickness benefit
6: Section 60H(1) paragraph (c) employment
c: in the case of any other work-tested beneficiary, full-time employment
7: Section 61(1A) a community wage under section 89 a sickness benefit under section 54A or an unemployment benefit under section 90
8: Section 70A(1)(b) subparagraph (iv)
iv: a sickness benefit; or
v: an unemployment benefit; or
9: Section 80B subparagraph (iv) income
iv: a community wage paid before 1 July 2001:
v: a sickness benefit:
vi: an unemployment benefit:
10: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage granted on the grounds of sickness, injury, or disability sickness benefit
a: section 80(5)(c)
b: section 80(14)(a)
c: section 80BA(4)(b)(i)
16: Independent youth benefits: unmarried person
Section 60F(3)(a) employees organisation union Clarifying references to chief executive
17: Independent youth benefits: unmarried persons
Section 60FA(3)(b) chief executive of the Department of Child, Youth and Family Services
18: Independent youth benefits: persons enrolled in full-time course of secondary instruction
Section 60FC(3)(b) chief executive of the Department of Child, Youth and Family Services Re-establishment of unemployment benefit
19: New heading and section 88A substituted
Sections 87 88 2
2: Unemployment benefit and work testing
88A: Interpretation
In this Part, unless the context otherwise requires,— activity in the community job-search activity job seeker agreement section 105A job seeker development activity section 110 recognised community activity voluntary work Unemployment benefit
20: Community wage: standard eligibility requirements
1: Section 89(1) paragraphs (b) (c)
2: Section 89(4)(b) community wage under the appropriate income test referred to in the Ninth Schedule benefit
3: Section 89(5)
a: omitting the words the community wage the benefit
b: omitting the words the wage the benefit
4: Section 89(6)
5: Section 89 a community wage an unemployment benefit
6: The heading to section 89 Community wage Unemployment benefit
21: Community wage: grounds of hardship
1: Section 90(1) 89(1) and (2)
2: Section 90 a community wage an unemployment benefit
3: Section 90
3: Despite section 91 section 89
a: section 60FA(1)(b)
b: the student is married.
4: The heading to section 90 Community wage Unemployment benefit
22: Community wage: ineligibility
1: Section 91(1)(a) 90(2) or (3)
2: Section 91(1) a community wage an unemployment benefit
3: Section 91(1)(b) employees organisation union
4: Section 91(2)
5: The heading to section 91 Community wage Unemployment benefit
23: Sections 92 to 96 repealed
Sections 92 to 96
24: New section 97 substituted
The principal Act is amended by repealing section 97
97: Unemployment benefit: obligations on beneficiaries
1: A person granted an unemployment benefit is subject to the work test from the time that payment of the unemployment benefit commences.
2: From the time that payment of an unemployment benefit commences, the spouse of a person granted an unemployment benefit at a work-test married rate must—
a: comply with a request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
25: New section 98 substituted
The principal Act is amended by repealing section 98
98: Unemployment benefit: payment
1: Payment of an unemployment benefit commences in accordance with section 80
2: An unemployment benefit must be paid in weekly instalments, in accordance with section 82
3: An unemployment benefit is paid in respect of a 5-day working week.
4: The days of the week to be included in the working week of a person granted an unemployment benefit are determined by the chief executive after consultation with the beneficiary, but must not include—
a: a Saturday, except with the agreement of the beneficiary; or
b: a Sunday.
5: Payment of an unemployment benefit may be suspended or cancelled in accordance with sections 80 to 82
26: Community wage: rates
1: Section 99(1)
a: omitting the words A community wage must be paid to a community wage earner An unemployment benefit must be paid to a person granted the benefit
b: omitting the words , unless subsection (2)
2: Section 99(2)
3: Section 99(3)
a: omitting the words community wage earner person granted an unemployment benefit
b: omitting the words community wage unemployment benefit
c: omitting the words an earner the earner a beneficiary the beneficiary
4: Section 99(4)
a: omitting the words a community wage an unemployment benefit
b: omitting the words community wage unemployment benefit
5: Section 99(4)(b) employees organisation (as defined in section 91(2) union
6: The heading to section 99 Community wage Unemployment benefit
27: New section 99A inserted
The principal Act is amended by inserting, after section 99
99A: Transfer from community wage to unemployment benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on a ground other than the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage; or
ii: was eligible to be granted a community wage under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies, the community wage becomes an unemployment benefit as if it were granted under section 89
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid; and
b: the obligations under section 97
c: any requirement to undertake an organised activity under former section 111; and
d: any exemption from the work test under section 105
e: a sanction applying under any of former sections 115 to 118
4: In this section, former section
28: Section 100 repealed
Section 100 Amendments relating to work test and job seeker agreements
29: Section 101 repealed
Section 101
30: New section 102 substituted
The principal Act is amended by repealing section 102
102: Application and obligations of work test
1: The work test applies to a person while he or she is a work-tested beneficiary, and the person is subject to the obligations of the work test set out in subsection (2)
2: The work test obligations are—
a: to be available for, and take reasonable steps to obtain, suitable employment; and
b: to accept any offer of suitable employment, whether full-time employment, part-time work, temporary employment, or employment that is seasonal or subsidised; and
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
d: 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
e: when required by the chief executive, to co-operate in the development of a job seeker agreement to the satisfaction of the chief executive, and then to sign it; and
f: when required to by the chief executive, to select at least 1 job seeker development activity from a list of activities that the chief executive considers are suitable for the beneficiary, and to include it or them in the beneficiary's job seeker agreement; and
g: once the person has signed a job seeker agreement,—
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job seeker development activity or recognised community activity set out in the agreement (subject to the chief executive taking reasonable steps to arrange for the beneficiary to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement.
3: The failure by a beneficiary to undertake or complete a recognised community activity, as set out in his or her job seeker agreement, is not a failure to comply with a work test obligation for the purpose of section 115(1)(a)
4: The employment referred to in subsection (2)(a)
a: for a part-time work-tested beneficiary, part-time work:
b: for any other work-tested beneficiary, full-time employment.
5: The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.
6: The work test obligations apply,—
a: in the case of a person granted the unemployment benefit, on the same days as are included in the person's working week under section 98
b: in the case of any other work-tested beneficiary, on any 5 days of the week determined by the chief executive after consultation with the beneficiary, which must not include—
i: a Saturday, except by agreement with the beneficiary; or
ii: a Sunday.
31: New section 104A inserted
The principal Act is amended by inserting, after section 104
104A: Transitional provision dealing with deferrals
1: This section applies to a work-tested beneficiary who, immediately before 1 July 2001, was subject to a deferral of work test obligations granted under section 107 of the principal Act
2: On and after 1 July 2001, the deferral becomes an exemption from the work test as if the exemption were granted under section 105
a: if the deferral was granted for a time, that time applies to the exemption; and
b: if the deferral was granted on conditions, those conditions apply to the exemption; and
c: if, in granting the deferral, the chief executive required the person to participate in 1 or more organised activities, that requirement continues to apply as if the organised activities were job seeker development activities included in a job seeker agreement signed by the beneficiary.
32: Exemption from obligations
Section 105 subsection (5)
5: A beneficiary who has been granted an exemption from the work test may be required to attend an interview with an officer of the department or other person on behalf of the chief executive. Failure to attend or participate in the interview may result in sanctions under section 117
5A: A person granted an exemption 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 exemption.
33: New heading and sections 105A to 105D inserted
The principal Act is amended by inserting, after section 105 Job seeker agreements
105A: Description of job seeker agreement and responsibilities arising from it
1: A job seeker agreement is a statutory agreement in which—
a: the chief executive sets out what the department will do to assist a work-tested beneficiary to obtain employment, improve his or her employment prospects, or both; and
b: the beneficiary acknowledges the responsibilities arising out of receipt of the benefit or (in the case of a work-tested spouse) payment of part of the benefit in respect of the spouse.
2: A job seeker agreement—
a: must include an acknowledgment by the beneficiary that he or she is subject to the work test obligations (as set out in section 102
b: must specify the job-search activities the beneficiary will undertake; and
c: may include any job seeker development activities, recognised community activities, or other activities that the beneficiary agrees to undertake; and
d: must explain the sanctions that may be imposed if the beneficiary fails to comply with certain parts of the work test (as set out in section 117
e: must specify the assistance the department will give to assist the beneficiary obtain employment or improve his or her employment prospects, and any conditions on which the assistance will be provided or to which it is subject.
3: A signed job seeker agreement does not create or imply an employment relationship between the chief executive and the beneficiary, nor does it create rights or obligations that are enforceable in any court or tribunal.
4: Nothing in subsection (3) section 10A, or sections 12J to 12R
105B: Entering into and reviewing job seeker agreement
1: A job seeker agreement should be developed through a process of negotiation between the beneficiary and the chief executive in which the parties aim to promptly conclude and sign an agreement acceptable to both of them.
2: If, despite reasonable efforts by the chief executive, the beneficiary does not co-operate in the prompt development of a job seeker agreement, or does not sign it within a reasonable period once it is satisfactory to the chief executive, the chief executive may conclude that the beneficiary has failed his or her work test obligations under section 102(2)(e)
3: At any time after a job seeker agreement is signed, a beneficiary may ask for a review of the agreement; but, until a review is complete, the beneficiary must comply with the job seeker agreement in its current form.
4: When a beneficiary asks for a review of his or her job seeker agreement, the chief executive must review it as soon as practicable and may, by agreement with the beneficiary, amend the job seeker agreement.
5: The chief executive may at any time review a beneficiary's job seeker agreement, and may then,—
a: by agreement with the beneficiary, amend the agreement; or
b: require the beneficiary to co-operate in the development of a replacement job seeker agreement to the satisfaction of the chief executive, and then to sign the new agreement.
6: An agreement entered into under subsection (5)(b) subsection (1)
105C: Department to explain to beneficiaries their rights and obligations
The chief executive must take reasonable and appropriate steps to make every work-tested beneficiary aware, before he or she signs a job seeker agreement, of—
a: his or her obligations arising from payment of a work-tested benefit; and
b: the import and consequences of signing a job seeker agreement; and
c: the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117
d: the beneficiary's right under section 105B(3)
e: the beneficiary's rights under sections 10A and 12J
105D: Job seeker contracts to have effect as job seeker agreements
Every job seeker contract that was in effect under this Act on 30 June 2001 continues in effect, in relation to a work-tested beneficiary, after that date as if it were a job seeker agreement entered into under section 105B
a: the person to whom it applies ceases to be a work-tested beneficiary; or
b: it is replaced by a new job seeker agreement entered into under section 105B
34: Sections 106 to 109 and heading repealed
Sections 106 to 109 section 106
35: New heading and sections 110 to 112 substituted
The principal Act is amended by repealing sections 110 to 112 section 110 Job seeker development activities
110: Defining job seeker development activities
1: A job seeker development activity
2: The activities that the chief executive may define as job seeker development activities include, but are not limited to,—
a: work assessment:
b: participation in a programme or seminar to increase particular skills or enhance motivation:
c: participation in a work experience or work exploration activity:
d: participation in employment-related training.
3: The chief executive may define an activity or category of activity as a job seeker development activity only if the chief executive is satisfied that the activity—
a: is likely to increase the prospect for self-reliance of beneficiaries who participate in it by increasing their awareness of, and participation in, opportunities for employment, and for self-betterment, education, or training; or
b: is likely to strengthen incentives for persons who participate in it to remain in employment or move into unsubsidised employment.
4: The chief executive must specify any conditions that apply to an activity that he or she defines as a job seeker development activity.
5: The chief executive must define a range of job seeker development activities, and may define different job seeker development activities for different geographical locations.
6: The chief executive's discretion to define job seeker development activities is subject to any direction by the Minister.
111: Assistance provided by department
1: If, following a requirement under section 102(2)(f)
2: If a beneficiary's job seeker agreement includes any other job seeker development activity, then the chief executive may take reasonable steps to arrange for the beneficiary to undertake that activity, but only if the chief executive considers the activity—
a: is suitable for the circumstances of the beneficiary; and
b: is likely to improve his or her employment prospects.
3: If a beneficiary's job seeker agreement includes a recognised community activity, the chief executive may take reasonable steps to arrange for the beneficiary to undertake the recognised community activity, but only if—
a: the chief executive considers the recognised community activity is suitable for the beneficiary to undertake; and
b: there are no job seeker development activities or other activities specified in the agreement that would be more suitable for the beneficiary to undertake.
4: If a beneficiary's job seeker agreement specifies other assistance that the Department will give the beneficiary, then the chief executive must provide that specified assistance, subject to any conditions set out in the job seeker agreement.
112: Organised activities to have effect as job seeker development activities
1: A work-tested beneficiary who, immediately before 1 July 2001, was required to participate in an organised activity (other than a recognised community activity) is obliged to continue to participate in that activity as if the activity were a job seeker development activity included in the beneficiary's job seeker agreement.
2: The obligation to continue participating in the activity continues until the beneficiary enters into a job seeker agreement.
36: New sections 115 to 117 substituted
The principal Act is amended by repealing sections 115 to 118
115: Failure to comply with work test
1: The sanctions in section 117
a: in the case of a work-tested beneficiary, failed to comply with any of the work test obligations as set out in section 102
b: in the case of a beneficiary granted an exemption from the work test, failed to attend an interview as required under section 105(5)
2: Before determining that a beneficiary has failed to comply with any work test obligation, the chief executive must review the beneficiary's job seeker agreement (if the beneficiary has one).
3: A beneficiary has a good and sufficient reason for not undertaking or completing an activity in the beneficiary's job seeker agreement if—
a: doing so was dependent upon the provision by the department of any assistance specified in the person's job seeker agreement; and
b: that assistance was either not supplied, or not supplied to the extent, or in the manner, specified in the agreement.
4: A beneficiary who has 1 or more dependent children has a good and sufficient reason for not participating in or completing any job seeker development activity in his or her job seeker agreement if the activity involves participation during hours when it would be unreasonable to expect any dependent child of the person to be without that person's supervision.
5: A full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than 15 hours a week is treated as someone to whom subsection (1)
6: A part-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, employment averaging less than 15 hours a week is treated as someone to whom subsection (1)
7: Section 60H(6) and (7) subsections (5) and (6)
116: Failure to participate in activity under section 60HA
The sanctions in section 117 section 60HA
117: Sanctions that may be imposed for failures
1: The sanctions that the chief executive must apply in respect of failures under section 115 or section 116
a: for a first failure, suspension of the person's benefit until the person recomplies:
b: for a second failure (being a failure that occurs after the person has recomplied following a first failure), suspension of the person's benefit until the person recomplies:
c: for a third failure (being a failure that occurs after the person has recomplied following a second failure), cancellation of the benefit.
2: A person whose benefit is cancelled under subsection (1)(c)
a: is not entitled to receive any benefit for 13 weeks from the date of cancellation; and
b: if the person wishes to again become entitled to a benefit, must apply for the benefit and establish his or her eligibility for it.
3: Subsection (2) sections 120 and 121 sections 123 to 123B
37: Calculation of failure rate
1: Section 119(1) section 115 or section 116 or section 118 section 117
2: Section 119(1) paragraph (a)
a: may count applicable failures only while the same benefit has been continuously paid in respect of the beneficiary; but.
3: Section 119(2) any of sections 115, 116, and 118 section 115 or section 116
38: New section 122 substituted
The principal Act is amended by repealing section 122
122: Meaning of recompliance
In relation to a failure under section 115 or section 116 section 117
a: in the case of a work-tested beneficiary, some other activity specified in the person's job seeker agreement or, if there is no other activity specified, a job seeker development activity approved by the chief executive; or
b: in any other case, some other activity of the kind specified in section 60HA
39: Effect of ceasing to be subject to obligation to comply with section 60HA or work test
1: Section 123(1) paragraph (a) section 115 or section 116 section 117
2: Section 123(1)(b) subparagraph (i)
ia: ceases to be a beneficiary who is required to comply with a request under section 60HA
3: Section 123(1)(b)(ii) or an exemption from complying with section 60HA
40: Effect of employment on non-entitlement period
1: Section 123A(1) section 115 or section 116 section 117
2: Section 123A(3)
41: New sections 123B and 123C substituted
The principal Act is amended by repealing sections 123B 123C
123B: Effect of participation in certain activities on non-entitlement period
1: This section applies to a person who—
a: is subject to a 13-week period of non-entitlement under section 60H or section 117
b: is participating in 1 or more approved activities
i: job seeker development activities:
ii: recognised community activities:
iii: part-time work (in the case of a part-time work-tested beneficiary).
2: If a person to whom this section applies participates satisfactorily in the approved activity or activities for a continuous period of 6 weeks,—
a: the remainder of the period of non-entitlement lapses; and
b: if the person wishes to again become entitled to a benefit, the person must apply for the benefit and establish his or her eligibility for it.
3: Despite subsection (2)(b)
4: ) Payment of a benefit granted under subsection (3)
5: No obligation to repay under subsection (4)
a: ceases to be a work-tested beneficiary or a beneficiary required to comply with a request under section 60HA
b: obtains, under section 105 section 60HA
6: If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the case may be), payment of the benefit is no longer subject to the condition in subsection (4)
7: Any amount the person is liable to repay under this section may be recovered by the chief executive under section 86(1A)
123C: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: In this section, person A section 122 or section 123B
2: The Health and Safety in Employment Act 1992 Human Rights Act 1993
3: Except as provided in subsection (2)
42: Regulations
Section 123D paragraphs (b) (c)
43: Consequential amendments relating to changes to Part 2 of principal Act
1: Section 12J(4) which relates to the general specification of organised activities defining job seeker development activities
2: Section 80
a: omitting from subsection (5)(a) a community wage an unemployment benefit
b: repealing subsections (6) (7)
c: inserting in subsection (8)(b) was cancelled or suspended
3: Section 80C(1) paragraph (c)
c: the person is subject to a sanction of suspension of 100% of a benefit under section 117
4: Section 113
a: omitting from subsection (1) sections 115 to 118 section 117
b: omitting the words or reduce or reducing or reduction
5: Section 120(1) section 115 or section 116 section 117
6: Section 120(2)
7: Section 121 section 115 or section 116 section 117
8: The Social Security (Penalties for Unsatisfactory Participation) Regulations 1998 (SR 1998/269)
44: Schedule 9 amended
1: The principal Act is amended by repealing the heading to Schedule 9 Rates of unemployment benefits and sickness benefits
2: Clause 1(aa) aged 18 or 19 under the age of 20
3: Clause 1(a) of or over the age of 18 years and
4: Clause 5 community wage benefit
45: Consequential amendments to other enactments
The enactments specified in the Schedule
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DLM85908
|
2001
|
Children, Young Persons, and Their Families Amendment Act 2001
|
1: Title
1: This Act is the Children, Young Persons, and Their Families Amendment Act 2001.
2: In this Act, the Children, Young Persons, and Their Families Act 1989 the principal Act
2: Commencement
This Act comes into force on the 90th day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to include in the principal Act the principal powers of search and seizure currently prescribed in the Children, Young Persons, and Their Families (Residential Care) Regulations 1996
b: to make it explicit that the regulation-making power in section 447
c: to ensure, for the avoidance of doubt, that including matters relating to search and seizure in the principal Act does not invalidate existing regulations dealing with these matters.
4: New heading and sections 384A to 384K inserted
The principal Act is amended by inserting, after section 384 Searches
384A: Interpretation
For the purposes of sections 384B to 384K harmful item mail
a: a facsimile communication:
b: electronic mail:
c: an envelope or package manager member of staff pat down search
a: run or pat his or her hand over the body of the person being searched, whether inside or outside the clothing (other than any underclothing) of that person:
b: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:
i: open his or her mouth:
ii: display the palms of his or her hands:
iii: display the soles of his or her feet:
iv: lift or rub his or her hair:
v: remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing:
vi: turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person:
vii: remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person:
d: conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person's mouth, nose, and ears (not including the insertion of any instrument, device, or thing into such orifice) regulations section 447 residence section 364 scanner search strip search
a: to undress, or to remove any specified items of clothing and underclothing, and be visually examined; and
b: to have his or her clothing searched unauthorised item
a: that is a harmful item; or
b: that may not be lawfully possessed by any child or young person in the residence.
384B: Inspection of mail
The manager may cause to be inspected, in accordance with the regulations, any mail intended to be sent or received by a child or young person in the residence if the manager believes, on reasonable grounds, that the mail contains—
a: any unauthorised item; or
b: any harmful item or any article, drug, or substance that may not lawfully be possessed by the person for whom the mail was intended; or
c: any material that would or might facilitate or encourage the commission of an offence by the person for whom the mail was intended; or
d: any material that would be likely to be offensive or harmful to the person for whom the mail was intended.
384C: Child or young person may be searched to detect unauthorised items
1: A member of staff, who believes on reasonable grounds that a child or young person in the residence has in his or her possession any unauthorised item, may carry out any of the following types of searches for the purpose of detecting that item:
a: a scanner search of the child or young person:
b: a pat down search of the child or young person:
c: a search of any room or sleeping area assigned to the child or young person.
2: Nothing in subsection (1)(c)
3: A member of staff may not carry out a search unless—
a: that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child's or young person's possession; and
b: the child or young person refuses or fails to hand the item over.
4: Nothing in subsection (3)
384D: Use of dogs for searching
1: In exercising a power of search conferred by sections 384B and 384C
2: A dog must not be used unless it is under the control of another person (being a member of the police, or a customs officer, or a member of the Armed Forces, or an employee of the Department of Corrections), who may accompany the member of staff for the purposes of the search.
3: A member of staff who uses a dog for the purposes of searching any child or young person must conduct the search with decency and sensitivity and in a manner that—
a: affords to the child or young person being searched the greatest degree of dignity consistent with the purpose of the search; and
b: prevents the dog coming into physical contact with the child or young person during the search.
384E: Child or young person may be strip searched
1: A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in his or her possession a harmful item, conduct a strip search of that child or young person for the purposes of detecting the harmful item—
a: if that member believes on reasonable grounds that a strip search is necessary in order to detect the item; and
b: if a scanner search or a pat down search of the child or young person has already been carried out for that purpose.
2: A child or young person required to undress or remove any clothing and underclothing under subsection (1)
384F: Explanation of purpose and consequences of inspections and searches
1: Before any mail is inspected under section 384B section 384C or section 384E
a: that the purpose of the inspection or search is,—
i: in the case of an inspection, to detect any item of the kinds referred to in section 384B
ii: in the case of a search carried out under section 384C
iii: in the case of a search carried out under section 384E
b: that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and
c: that any item seized during the inspection or search and subsequently handed to a member of the police in accordance with the regulations may be used as evidence in criminal proceedings against the child or young person.
2: The explanation required by subsection (1)
384G: Restrictions on searches
1: A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E
2: A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched.
3: A pat down search or a strip search must not be carried out in view of—
a: a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person:
b: another child or young person in the residence.
4: A pat down search or a strip search must not be conducted unless 1 of the following persons is also present:
a: another member of staff:
b: a member of the police:
c: a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person.
5: A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
384H: Use of force in carrying out search
1: A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E
2: A member of staff who uses force for the purpose referred to in subsection (1)
384I: Recording of inspections and searches
The manager must ensure that a record is made in the daily log kept in accordance with the regulations of—
a: the details of any inspection or search carried out under any of sections 384B, 384C, and 384E
b: in the case of a search carried out under section 384C or section 384E
384J: Child or young person may make complaint
A child or young person who has had his or her mail inspected under section 384B section 384C or section 384E
384K: Power to seize articles, etc, found on inspection or search
1: Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the member of staff referred to in subsection (2)
2: The member of staff of the residence referred to in subsection (1)
a: in the case of an inspection carried out under section 384B
b: in the case of a search carried out under section 384C
c: in the case of a search carried out under section 384E
3: Any unauthorised item seized must be dealt with in accordance with the regulations.
4: The manager must ensure that a record is made in the daily log kept in accordance with the regulations of the details of the seizure of any unauthorised item and of the action taken in respect of it.
5: Regulations
Section 447 of the principal Act is amended by inserting, after paragraph (c)
ca: regulating searches conducted under sections 384C and 384E section 384B
i: prescribing the manner in which the searches and inspections may be carried out:
ii: prescribing the powers that may be exercised when conducting a search or inspection:
iii: providing for the seizure, disposal, safe keeping, or return of any article, drug, or substance found during a search or inspection:
iv: prescribing conditions on the disposal of any seized article, drug, or substance:
v: prescribing procedures by which a child or young person may lay a complaint in relation to an inspection of mail or a search, and how the complaint is to be dealt with: .
6: Saving
1: The enactment, by section 4 384A to 384K Children, Young Persons, and Their Families (Residential Care) Regulations 1996
2: The enactment, by section 5 (ca)
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DLM85952
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2001
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Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
|
1: Title
This Act is the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001.
2: Commencement
This Act comes into force on the date on which it receives the Royal assent.
1: Amendments to Income Tax Act 1994
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
3: Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
4: Principal obligations
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
5: Section BC 2 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
6: Other exempt income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
7: Other exempt income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
8: New
subpart CHA Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
9: New
sections DJ 20 and DJ 21 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
10: Accounting for goods and services tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
11: Election to continue to treat certain excepted financial arrangements as financial arrangements
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
12: Definitions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
13: New
section EO 6 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
14: Shares or options
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
15: Films
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
16: Films
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
17: New
section GC 14F Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
18: Benefit given to associated person of employee
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
19: New
section HH 1A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
20: New
sections HH 3A to HH 3F Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
21: New
section HI 1A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
22: Rebate for gifts of money
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
23: Calculation of family tax credit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
24: New
section KD 3B Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
25: Determination of amount of credit in certain cases
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
26: New
section LB 1A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
27: Tax deductions to be credited against tax assessed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
28: Amounts of tax deductions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
29: Attributed fringe benefits
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
30: Section ND 4 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
31: Multi-rate calculation for attributed fringe benefits
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
32: New
section ND 5A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
33: Definition of cash remuneration
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
34: New
section ND 7A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
35: Deduction of resident withholding tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
36: New
sections NF 2B to NF 2D Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
37: Non-resident withholding tax imposed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
38: Non-resident withholding tax on dividends not paid in money
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
39: Definitions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
40: Defining when 2 persons are associated persons
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
41: Residence of conduit tax relief company shareholders
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
42: Schedule 14 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
2: Amendments to Tax Administration Act 1994
43: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994
44: Interpretation
1: This section amends section 3(1)
2: In the definition of incremental late payment penalty section 139B(2)(b) section 139B(2B)
3: In the definition of initial late payment penalty section 139B(2)(a) section 139B(2A)
4: In the definition of late payment penalty paragraph (b) 183B,
5: In the definition of tax
a: paragraph (a)(viii)
b: paragraph (d)(vii)
6: Subsections (2) (3)
7: Subsection (4)
8: In subsection (5)
a: paragraph (a)
b: paragraph (b)
45: Taxpayer's tax obligations
1: In section 15B(a) Correctly unless the taxpayer is a non-filing taxpayer, correctly
2: Subsection (1)
46: Resident withholding tax deduction certificates
1: Section 25(6)(a)
a: the full name, address and tax file number of the payer: .
2: Section 25(6)(g)
g: in respect of interest, the amount that is subject to the deduction of resident withholding tax at the rate specified in—
i: Schedule 14, clause 1(a), (b), (c), (d), or (e) of the Income Tax Act 1994 paragraph (h)
ii: Schedule 14, clause 1C(a), (b), (c) or (d) of the Income Tax Act 1994 .
3: Subsection (1)
4: Subsection (2)
47: Annual income tax returns not required
1: In section 33A(4) the Commissioner will not the Commissioner may not
2: Subsection (1)
48: Interest priority and rights of Commissioner
1: Section 120F(2)
2: The Commissioner may apply interest payable by the Commissioner to a taxpayer towards the payment of the taxpayer's unpaid tax on or after the date the taxpayer furnishes their return of income.
2: Subsection (1)
49: Certain rights of objection not conferred
1: In section 125(j)(iv) 183B,
2: Subsection (1)
50: Certain rights of challenge not conferred
1: In section 138E(1)(e)(iv) 183B,
2: Subsection (1)
51: Late payment penalty
1: Section 139B(2)
2: The late payment penalty comprises an initial late payment penalty and an incremental late payment penalty.
2A: The initial late payment penalty is—
a: 1% of the unpaid tax; and
b: 4% of the amount of tax to pay at the end of the 6th day after the day on which a penalty is imposed under paragraph (a)
2B: The incremental late payment penalty is 1% of the amount of tax to pay on each day that falls one month after the day on which a penalty is imposed under subsection (2A)(a)
2: Section 139B(3)
3: The part of an initial late payment penalty imposed under subsection (2A)(a)
3: After section 139B(3)
3A: The part of an initial late payment penalty imposed under subsection (2A)(b) subsection (2A)(a)
3B: The part of an initial late payment penalty imposed under subsection (2A)(b)
a: the taxpayer has entered into an instalment arrangement with the Commissioner before the due date and complies with all of their obligations under the instalment arrangement; or
b: the Commissioner has exercised powers available under section 157 of this Act or section 43 of the Goods and Services Tax Act 1985 subsection (2A)(a)
4: After section 139B(5)
5A: An incremental late payment penalty is not to be added if, for a month during which the tax to pay remains unpaid, either—
a: the taxpayer complies with all of their obligations under an instalment arrangement entered into with the Commissioner; or
b: the Commissioner has exercised powers available under section 157 of this Act or section 43 of the Goods and Services Tax Act 1985
5: Subsections (1) to (3)
6: Subsection (4)
52: Evasion or similar act
1: In section 141E(1) paragraph (d)
da: attempts to obtain a refund or payment of tax, knowing that the taxpayer is not lawfully entitled to the refund or payment under a tax law; or .
2: In section 141E(1) paragraph (e) law,— law; or
f: attempts to enable another person to obtain a refund or payment of tax, knowing that the other person is not lawfully entitled to the refund or payment under a tax law— .
3: In section 141E(3) enables enables or attempts to enable
4: Subsections (1) to (3)
a: tax on taxable income derived in the 1997-98 and subsequent income years; and
b: supplies made in taxable periods beginning on or after 1 April 1997; and
c: gifts made on or after 1 April 1997; and
d: races run, lotteries drawn, dutiable games played by means of a gaming machine, and casino wins to which the Gaming Act 1971
e: instruments of conveyance executed, bills of exchange made, drawn or prepaid under section 81 82 83 Stamp and Cheque Duties Act 1971
5: Subsection (4)
53: New section 141JA inserted
1: After section 141J
141JA: Application of Part IX to non-filing taxpayers
Part IX does not apply to a person who is a non-filing taxpayer for an income year if the person—
a: is an employee to whom section NC 16 of the Income Tax Act 1994
b: receives an income statement that the person considers is incorrect and informs the Commissioner in the way required by section 80F
2: Subsection (1)
54: Cancellation of late payment penalties under instalment arrangement
1: Section 183B(2)(a)(i)
i: tax payable in one or more payments under an arrangement with the Commissioner; or.
2: Section 183B
3: Subsection (1)
4: Subsection (2)
55: Cancellation of interest
1: Section 183C(5)
5: If the Commissioner issues both a notice of assessment and a statement of account to a taxpayer and the 30th day referred to in subsection (3) subsection (4) Part VII subsection (3)
6: For the purpose of subsection (5) Part VII
2: Subsection (1)
56: Refund of tax paid in excess made by direct credit to bank account
1: Section 184A(5)(c)
2: Subsection (1)
3: Amendments to
Income Tax Act 1976
57: Income Tax Act 1976 This Part amends the Income Tax Act 1976
58: Interpretation
1: In section 374A qualifying person paragraph (c)(i)
i: that person has been both resident and present in New Zealand for a continuous period of 12 months at any time, and is tax resident, being resident in New Zealand, on the date on which a family support credit of tax is claimed under Part XIA .
2: Subsection (1)
3: Despite subsection (2) (1) Part 11A of the Income Tax Act 1976
59: Guaranteed minimum family income credit of tax
1: In section 374E(1) qualifying person paragraph (c)(i)
i: the person has been both resident and present in New Zealand for a continuous period of 12 months at any time, and is tax resident, being resident in New Zealand, on the date on which a credit of tax is claimed under this section; or .
2: Subsection (1)
3: Despite subsection (2) (1) section 374E of the Income Tax Act 1976 section KD 3 of the Income Tax Act 1994
4: Amendments to Goods and Services Tax Act 1985
60: Goods and Services Tax Act 1985
This Part amends the Goods and Services Tax Act 1985
61: Meaning of associated persons
1: Section 2A(1)(g)
g: a trustee of a trust and a settlor of the trust, except if the trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic or cultural purposes: .
2: Subsection (1)
62: Meaning of term supply
1: In section 5(11D) services services, other than a token, stamp or voucher issued for no consideration
2: In section 5(11E) issue issue or sale
3: After section 5(11E)
11EA: A supply does not include the issue or sale of a token, stamp or voucher by a registered person to another registered person who subsequently issues or sells the token, stamp or voucher, unless the first-mentioned registered person is the person who supplies the goods and services on redemption of the token, stamp or voucher.
4: Section 5(11F)
11F: A supply of goods and services is not treated as being made to the extent that goods and services are supplied for the redemption of a token, stamp or voucher.
5: Section 5(11G)
11G: Despite subsection (11F)
a: it is not practical to treat the issue or sale as a supply of goods and services; and
b: the supplier of the goods and services and the issuer or seller of the token, stamp or voucher are, or could be, different persons, the issuer and the supplier, or the seller and the supplier, agree, or are parties to an agreement.
11GA: For the purpose of subsection (11G)(b)
6: Subsections (1) to (5)
63: Zero-rating of goods
1: In section 11(1)(f) either the supplier or the recipient both the supplier and the recipient
2: Subsection (1)
64: Calculation of tax payable
1: After section 20(3)
3A: For the purpose of subsection (3) Income Tax Act 1994
2: Subsection (1)
a: on and after 1 January 2002, for an employer who pays fringe benefit tax on a quarterly basis; and
b: on and after 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
c: during the 2000-01 and subsequent income years, for an employer who pays fringe benefit tax on an income year basis.
3: If a fringe benefit is provided or granted before the relevant time in subsection (2) subsection (1) Subsection (3) amended 269(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression subsection (2) subsection (1)
65: Methods of allocating between taxable and other supplies
1: After section 21A(2)
3: A registered person must choose a method that ensures a fair and reasonable result.
2: Subsection (1)
66: Methods of allocation for replacement goods and services
1: In section 21B(3)
a: either acquires or produces new goods and services or section 21C(1)(a)
b: in paragraph (a) acquisition acquisition or production
c: in paragraph (b) purchase or acquisition acquisition or production
2: In section 21B Methods of allocation for new or replacement goods and services
3: Subsection (1)
4: Subsection (2) Subsection (1)(c) amended 269(3) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the expression paragraph (b) paragraph (c)
67: Application of section 21F
1: In section 21E(2)(b) of this Act section 12(1)
2: In section 21E(3)(a)(ii) of the Customs and Excise Act 1996
3: Subsections (1) (2)
68: Fringe benefits and entertainment expenses
1: Section 21I(3)
3: Despite sections 9 and 21C
2: Subsection (1)
a: on and after 1 January 2002, for an employer who pays fringe benefit tax on a quarterly basis; and
b: on and after 1 April 2001, for an employer who pays fringe benefit tax on an annual basis; and
c: during the 2000-01 and subsequent income years, for an employer who pays fringe benefit tax on an income year basis.
69: New section 23A inserted
1: After section 23
23A: Payment of tax relating to fringe benefits
A registered person who provides or grants a fringe benefit to another person under the Income Tax Act 1994 sections ND 9, ND 10, ND 13 and ND 14 of the Income Tax Act 1994
2: Subsection (1)
a: on and after 31 May 2002, for an employer who pays fringe benefit tax on a quarterly or an annual basis; and
b: by the terminal tax date for the 2000-01 income year, for an employer who pays fringe benefit tax on an income year basis, and to subsequent fringe benefit tax returns required to be filed on an income year basis.
70: Recovery of tax
1: In section 42(2)(c)
a: a body section 57(1) an unincorporated body
b: pursuant to any order by the Court
2: Subsection (1)
5: Amendments to Stamp and Cheque Duties Act 1971
71: Stamp and Cheque Duties Act 1971
This Part amends the Stamp and Cheque Duties Act 1971
72: Application of approved issuer levy and zero-rating
1: In section 86I by the approved issuer by or on behalf of the approved issuer
2: Section 86I(b)
b: by the date specified in either section 86K or section 86KA Parts VII or IX of the Tax Administration Act 1994
3: Subsection (1)
4: Subsection (2) to payments of interest paid on and after Subsection (4) amended 269(4) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 by substituting the words to payments of interest paid on and after on
73: Payment of approved issuer levy
1: In section 86K(1) Any approved issuer Any approved issuer or person on behalf of an approved issuer
2: Subsection (1)
74: New section 86KA inserted
1: After section 86K
86KA: Payment of approved issuer levy in instalments
1: If, for an income year, a person estimates that they will not be required to make approved issuer levy payments that total $500 or more, the person may pay the levy to the Commissioner in 2 instalments.
2: The first instalment is—
a: the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 April to 30 September (both dates inclusive); and
b: due and payable on 20 October of the year.
3: The second instalment is—
a: the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 October to 31 March (both dates inclusive); and
b: due and payable on 20 April of the following year.
4: If the $500 total is reached at any time during an income year, a person must—
a: pay to the Commissioner all approved issuer levy payments owed by the person for the period from the beginning of the year until the end of the month in which the $500 total is reached:
b: pay the amount required by paragraph (a)
c: pay approved issuer levy payments for the rest of the year in accordance with section 86K(1)(b)
5: If a person is no longer required to pay the approved issuer levy, the person must—
a: pay to the Commissioner all approved issuer levy payments due and not paid:
b: pay the amount required by paragraph (a)
6: Payments made in accordance with this section must be accompanied by a statement that meets the requirements of section 86K(2)
2: Subsection (1)
75: Relief in cases of serious hardship
1: Section 86M
2: Subsection (1)
6: Amendments to Taxation (GST and Miscellaneous Provisions) Act 2000
76: Taxation (GST and Miscellaneous Provisions) Act 2000
1: This Part amends the Taxation (GST and Miscellaneous Provisions) Act 2000
2: Section 60(7)(b)
b: new paragraph (d) section 176 or section 177
3: Section 80(2)
2: Subsection (1)
4: Sections 86(7) 106(2) 106(3)
5: Subsections (2) (3)
6: Subsection (4)
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DLM86487
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2001
|
Property (Relationships) Amendment Act 2001
|
1: Title
1: This Act is the Property (Relationships) Amendment Act 2001.
2: In this Act, the Act that was previously called the Matrimonial Property Act 1976 the principal Act
2: Commencement
Except as provided in sections 21(2) 64(5) 64(7)
3: Purposes
The purposes of this Act are—
a: to rename the principal Act as the Property (Relationships) Act 1976
b: to amend the principal Act so that it applies to the division of the property of married couples when 1 of them dies; and
c: to make certain other amendments to the principal Act; and
d: to extend the property division regime in the principal Act so that it applies to the division of the relationship property of couples who have lived in a de facto relationship, when they separate or 1 of them dies.
4: Title repealed
The Title of the principal Act is repealed.
5: Name of principal Act changed
1: After the commencement of this section, the principal Act is called the Property (Relationships) Act 1976
2: The Short Title of the principal Act is consequentially amended by omitting the words Matrimonial Property Property (Relationships)
6: New
Part 1 The principal Act is amended by inserting, after section 1
1: Outline of this Act
1A: Purpose of this Part
This Part is intended—
a: to give a general indication of what this Act is about:
b: to indicate how this Act is arranged:
c: to assist readers to identify the provisions that are relevant to them.
1B: Status of this Part
This Part is intended only as a guide to the general scheme and effect of this Act.
1C: What this Act is about
1: This Act is mainly about how the property of married couples and couples who have lived in a de facto relationship is to be divided up when they separate or 1 of them dies.
2: This Act applies differently depending on the length of the marriage between the husband and wife or the de facto relationship between the de facto partners:
a: in the case of marriages, special rules apply to marriages of less than 3 years:
b: in the case of de facto relationships, this Act usually applies only when the de facto partners have lived together for at least 3 years, but it may apply to shorter de facto relationships in certain circumstances.
3: In general, the couple's property is to be divided equally between the couple.
1D: How this Act is arranged
1: This Act is arranged in Parts, as follows:
a: Part 1
b: Part 2
c: Part 3
d: Part 4
e: Part 5
f: Part 6
g: Part 7
h: Part 8
i: Part 9
2: Sections 1E to 1L
1E: Part 2 Part 2
a: sets out what various terms used in this Act mean:
b: provides that this Act does not apply to Maori land:
c: sets out how this Act applies to property located in New Zealand or overseas.
1F: Part 3
1: Part 3
a: which provisions of this Act apply with respect to the division of relationship property while both spouses or de facto partners are alive; and
b: which provisions of this Act apply with respect to the division of relationship property when 1 spouse or de facto partner dies.
2: Part 3
a: sets out how this Act applies in various other circumstances (such as when 1 of the spouses or de facto partners is declared bankrupt):
b: sets out what happens if proceedings are commenced while both spouses or de facto partners are alive, and 1 or both of them die before the proceedings are completed.
1G: Part 4 Part 4
a: on what basis is the relationship property to be divided?
b: what happens if the spouses or de facto partners have been living together for less than 3 years?
c: can the Court do anything to redress any disparities between the income and living standards of the spouses or de facto partners after the marriage or de facto relationship ends?
d: how are the different contributions of the spouses to the marriage, or of the de facto partners to the de facto relationship, assessed?
1H: Part 5 Part 5
a: what rights do secured and unsecured creditors have against the spouses or de facto partners, and against property owned by the spouses or de facto partners?
b: to what extent is the share of 1 spouse or de facto partner reduced by the fact that the other spouse or de facto partner has unsecured personal debts?
1I: Part 6 Part 6
a: does a property agreement between the spouses or de facto partners have to be in writing?
b: do the spouses or de facto partners need legal advice about entering into a property agreement?
c: can a Court overrule a property agreement?
1J: Part 7
1: Part 7
a: deals with the various powers that a Court can exercise in deciding how property is to be divided between spouses or de facto partners; and
b: sets out the procedures that apply to Court proceedings under this Act; and
c: deals with some general issues.
2: Part 7
a: what Court do applications have to be made to?
b: who can apply for a Court order dividing a couple's property?
c: is there any time limit on applying for a Court order?
d: can a Court order be obtained stopping a person from disposing of property?
e: what happens if the spouses or de facto partners attempt to defeat their creditors by disposing of property?
1K: Part 8 Part 8
a: what if the deceased spouse or de facto partner has left a will?
b: can the estate of the deceased spouse or de facto partner make a claim against the spouse or de facto partner who is still alive?
c: what is the effect on rights under other legislation that relates to claims to a deceased person's property (such as the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955
1L: Part 9 Part 9
a: transitional provisions, dealing with matters like—
i: how this Act applies to marriages that took place before it came into force; and
ii: the effect of this Act on proceedings commenced under legislation in force before this Act came into force; and
b: savings provisions, dealing with matters such as the effect of this Act on matrimonial settlements made before this Act came into force.
7: New Part heading, sections, and headings inserted
The principal Act is amended by inserting, immediately before section 2
2: Preliminary provisions
Purpose and principles
1M: Purpose of this Act
The purpose of this Act is—
a: to reform the law relating to the property of married couples and of couples who live together in a de facto relationship:
b: to recognise the equal contribution of husband and wife to the marriage partnership, and of de facto partners to the de facto relationship partnership:
c: to provide for a just division of the relationship property between the spouses or de facto partners when their relationship ends by separation or death, and in certain other circumstances, while taking account of the interests of any children of the marriage or children of the de facto relationship.
1N: Principles
The following principles are to guide the achievement of the purpose of this Act:
a: the principle that men and women have equal status, and their equality should be maintained and enhanced:
b: the principle that all forms of contribution to the marriage partnership, or the de facto relationship partnership, are treated as equal:
c: the principle that a just division of relationship property has regard to the economic advantages or disadvantages to the spouses or de facto partners arising from their marriage or de facto relationship or from the ending of their marriage or de facto relationship:
d: the principle that questions arising under this Act about relationship property should be resolved as inexpensively, simply, and speedily as is consistent with justice. Interpretation .
8: New
sections 2 to 2H The principal Act is amended by repealing section 2
2: Interpretation
In this Act, unless the context otherwise requires,— administration section 2 of the Administration Act 1969 child of the de facto relationship
a: means any child of both de facto partners; and
b: includes any other child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of 1 of the de facto partners child of the marriage
a: means any child of both spouses; and
b: includes any other child (whether or not a child of either spouse) who was a member of the family of the spouses—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of 1 of the spouses; and
c: if the marriage was immediately preceded by a de facto relationship between the spouses, includes any child of the de facto relationship Commonwealth country
a: means a country that is an independent sovereign member of the Commonwealth; and
b: includes every territory for whose international relations the Government of such a country is responsible; and
c: also includes the Republic of Ireland as if it were an independent sovereign member of the Commonwealth contribution section 18 Court
a: a Family Court; or
b: if another court has jurisdiction in the proceedings, that court de facto partner section 2C de facto relationship section 2D distribution section 46 of the Administration Act 1969 dwellinghouse section 121A of the Land Transfer Act 1952 family chattels
a: means chattels of the following kind that either or both of the spouses or de facto partners own:
i: household furniture:
ii: household appliances, effects, or equipment:
iii: articles of household or family use or amenity or of household ornament, including tools, garden effects and equipment:
iv: motor vehicles, caravans, trailers, or boats, used wholly or principally, in each case, for family purposes:
v: accessories of a chattel to which subparagraph (iv)
vi: household pets; and
b: includes any of the chattels mentioned in paragraph (a)
c: does not include—
i: chattels used wholly or principally for business purposes:
ii: money or securities for money:
iii: heirlooms:
iv: taonga family home
a: means the dwellinghouse that either or both of the spouses or de facto partners use habitually or from time to time as the only or principal family residence, together with any land, buildings, or improvements appurtenant to that dwellinghouse and used wholly or principally for the purposes of the household; and
b: includes a joint family home homestead
a: means a family home where the dwellinghouse that comprises the family residence is situated on an unsubdivided part of land that is not used wholly or principally for the purposes of the household; but
b: does not include a family home that is occupied—
i: pursuant to a licence to occupy within the meaning of section 121A of the Land Transfer Act 1952
ii: because of the ownership of a specified share of any estate or interest in the land on which the dwellinghouse that comprises the family residence is situated and by reason of reciprocal agreements with the owners of the other shares; or
iii: in the case of a flat or town house that is part of a block of flats or town houses or is 1 of a number of flats or town houses situated on the same piece of land, under a lease or other arrangement that entitles the occupants of the flat or town house to exclusive possession of it joint family home Joint Family Homes Act 1964 lawyer
a: other than in Part 6 section 65 section 2 of the Law Practitioners Act 1982
b: in Part 6 section 65
i: in the case of a document signed in New Zealand, means a barrister or solicitor, as those terms are defined in section 2 of the Law Practitioners Act 1982
ii: in the case of a document signed in a Commonwealth country outside New Zealand, means a barrister or solicitor (as those terms are so defined) who holds a current practising certificate, or a solicitor entitled to practise in that country, or a notary public:
iii: in the case of a document signed in a country that is not a Commonwealth country, means a barrister or solicitor (as those terms are so defined) who holds a current practising certificate, or a notary public life insurance policy
a: means a policy of assurance taken out by 1 spouse or de facto partner ( party A party B
i: the policy is for the benefit of party A or party B:
ii: the proceeds are payable on the death of the assured or on the occurrence of a specified event or otherwise; and
b: includes the proceeds of such a policy of assurance payable to a surviving spouse or de facto partner or to the personal representative of the deceased spouse or de facto partner; but
c: does not include either of the following kinds of policy, or the proceeds of a policy of either of those kinds:
i: a policy that was fully paid up at the time the marriage or de facto relationship began:
ii: a policy where a third person is beneficially entitled to the proceeds of the policy marriage section 2A option A option B section 61 owner personal debt section 20 proceedings sections 51, 96, and 97(3) property
a: real property:
b: personal property:
c: any estate or interest in any real property or personal property:
d: any debt or any thing in action:
e: any other right or interest protected interest section 20B Registrar relationship debt section 20 relationship of short duration section 2E relationship property section 8 separate property section 9 small estate superannuation scheme entitlement
a: means any pension, benefit, or right to which either spouse or de facto partner is entitled or may become entitled under any superannuation scheme, if the entitlement is derived, wholly or in part, from contributions made to the scheme after the marriage or de facto relationship began or from employment or office held since the marriage or de facto relationship began; and
b: if Part 8 voluntary agreement
a: made between spouses or de facto partners who are parties to proceedings; and
b: providing for 1 spouse or de facto partner to pay sums of money to the other spouse or de facto partner for the maintenance of—
i: the other spouse or de facto partner:
ii: a child of the marriage or child of the de facto relationship.
2A: Meaning of marriage
1: In this Act, marriage
a: is void; or
b: is ended while both spouses are alive by a legal process that occurs within or outside New Zealand; or
c: is ended by the death of 1 of the spouses, whether within or outside New Zealand;— and husband spouse wife
2: For the purposes of this Act, the marriage of a husband and wife ends if—
a: they cease to live together as husband and wife; or
b: their marriage is dissolved; or
c: 1 of them dies.
2B: Marriage includes immediately preceding de facto relationship
For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the husband ( A B Example of marriage including immediately preceding de facto relationship— If the de facto relationship of A and B lasts 2 years, and their marriage lasts 2 years, their marriage must be treated as if it—
a: began 4 years ago; and
b: lasted 4 years.
2C: Meaning of de facto partner
For the purposes of this Act, a person is another person's de facto partner
2D: Meaning of de facto relationship
1: For the purposes of this Act, a de facto relationship
a: who are both aged 18 years or older; and
b: who live together as a couple; and
c: who are not married to one another.
2: In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:
a: the duration of the relationship:
b: the nature and extent of common residence:
c: whether or not a sexual relationship exists:
d: the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:
e: the ownership, use, and acquisition of property:
f: the degree of mutual commitment to a shared life:
g: the care and support of children:
h: the performance of household duties:
i: the reputation and public aspects of the relationship.
3: In determining whether 2 persons live together as a couple,—
a: no finding in respect of any of the matters stated in subsection (2)
b: a Court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the Court in the circumstances of the case.
4: For the purposes of this Act, a de facto relationship ends if—
a: the de facto partners cease to live together as a couple; or
b: 1 of the de facto partners dies. Property (Relationships) Act 1984 (New South Wales) s 4(1)-(3)
2E: Meaning of relationship of short duration
1: In this Act, relationship of short duration
a: in relation to a marriage, a marriage in which the husband and wife have lived together as husband and wife—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the Court, having regard to all the circumstances of the marriage, considers it just to treat the marriage as a relationship of short duration:
b: in relation to a de facto relationship, a de facto relationship in which the de facto partners have lived together as de facto partners—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the Court, having regard to all the circumstances of the de facto relationship, considers it just to treat the de facto relationship as a relationship of short duration.
2: For the purposes of paragraphs (a)(i) and (b)(i) of subsection (1) Dates at which shares and values determined
2F: Date at which shares to be determined
1: For the purposes of this Act, the share of a spouse or de facto partner in the relationship property is to be determined as at the following date:
a: if the spouses' marriage, or the de facto partners' de facto relationship, has not ended, the date of the application to the Court:
b: if the spouses' marriage, or the de facto partners' de facto relationship, has ended (other than by the death of 1 of the spouses or de facto partners), the date on which their marriage or their de facto relationship ended.
2: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 79
3: This section is subject to Part 6
2G: Date at which value of property to be determined
1: For the purposes of this Act, the value of any property to which an application under this Act relates is to be determined as at the date of the hearing of that application by the Court of first instance.
2: However, the Court of first instance or, on an appeal under section 39
3: This section is subject to Part 6 Determination of use to which property put
2H: Determination of use to which property put
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined—
a: by the use to which it was put by the spouses or de facto partners; or
b: if the marriage or de facto relationship has ended (other than by the death of 1 of the spouses or de facto partners), by the use to which it was being put before the marriage or de facto relationship ended.
3: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 80 Application .
9: New
sections 4 to 4D The principal Act is amended by repealing section 4
4: Act a code
1: This Act applies instead of the rules and presumptions of the common law and of equity to the extent that they apply—
a: to transactions between spouses or de facto partners in respect of property; and
b: in cases for which this Act provides, to transactions—
i: between both spouses or de facto partners and third persons; and
ii: between either spouse or de facto partner and third persons.
2: Subsection (1) subsection (5)
3: Without limiting the generality of subsection (1)
a: the presumption of advancement does not apply between husband and wife:
b: the presumption of resulting trust does not apply between husband and wife or de facto partners:
c: the presumption that the use of a wife's income by her husband with her consent during the marriage is a gift does not apply between husband and wife.
4: Where, in proceedings that are not proceedings under this Act, any question relating to relationship property arises between spouses or de facto partners, or between either or both of them and any other person, the question must be decided as if it had been raised in proceedings under this Act.
5: This section does not apply if the de facto partners have lived in a de facto relationship for less than 3 years.
6: However, if the Court makes an order under section 25(1)(a) subsection (5)
a: subsection (5)
b: the question must be decided as if it had been raised in proceedings under this Act.
4A: Other enactments to be read subject to this Act
Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary.
4B: Law relating to trustees preserved
1: Nothing in section 4 section 4A
2: For the purposes of this section, every enactment and every rule of law or of equity continues to operate and apply accordingly as if sections 4 and 4A
4C: Application to existing and future de facto relationships
1: This Act applies to—
a: de facto relationships that began before 1 February 2002; and
b: de facto relationships that begin on or after 1 February 2002.
2: This Act does not apply to de facto relationships that ended before 1 February 2002.
4D: Application to de facto relationships that end on separation or death
This Act applies to de facto relationships that end—
a: while both de facto partners are alive; or
b: when 1 of the de facto partners dies.
10: Act to apply only during joint lifetimes of spouses
Section 5
11: Maori land not affected
Section 6 the Maori Affairs Act 1953 Te Ture Whenua Maori Act 1993
12: New
sections 7 7A The principal Act is amended by repealing section 7
7: Application to movable or immovable property
1: This Act applies to immovable property that is situated in New Zealand.
2: This Act applies to movable property that is situated in New Zealand or elsewhere, if 1 of the spouses or de facto partners is domiciled in New Zealand—
a: at the date of an application made under this Act; or
b: at the date of any agreement between the spouses or de facto partners relating to the division of their property; or
c: at the date of his or her death.
3: Despite subsection (2)
7A: Application where spouses or de facto partners agree
1: This Act applies in any case where the spouses or de facto partners agree in writing that it is to apply.
2: Subject to subsections (1) and (3)
a: the spouses or de facto partners have agreed, before or at the time their marriage or de facto relationship began, that the property law of a country other than New Zealand is to apply to that property; and
b: the agreement is in writing or is otherwise valid according to the law of that country.
3: Subsection (2)
13: Heading before
section 8 The principal Act is amended by omitting from the heading immediately before section 8 matrimonial relationship
14: Matrimonial property defined
1: Section 8
a: by omitting the word Matrimonial Relationship
b: by omitting from paragraph (a) matrimonial family
c: by inserting in paragraph (c) husband and the wife or by the de facto partners
2: Section 8 paragraphs (d) to (ee)
d: all property owned by either spouse or de facto partner immediately before their marriage or de facto relationship began, if—
i: the property was acquired in contemplation of the marriage or de facto relationship; and
ii: the property was intended for the common use or common benefit of both spouses or de facto partners; and
e: subject to sections 9(2) to (6), 9A, and 10
ee: subject to sections 9(3) to (6), 9A, and 10
i: the property was acquired out of property owned by either spouse or de facto partner or by both of them before the marriage or de facto relationship began; or
ii: the property was acquired out of the proceeds of any disposition of any property owned by either spouse or de facto partner or by both of them before the marriage or de facto relationship began; and .
3: Section 8 paragraphs (f) to (k)
g: the proportion of the value of any life insurance policy (as defined in section 2
h: any policy of insurance in respect of any property described in paragraphs (a) to (ee)
i: the proportion of the value of any superannuation scheme entitlements (as defined in section 2
j: all other property that is relationship property under an agreement made under Part 6
k: any other property that is relationship property by virtue of any other provision of this Act or by virtue of any other Act; and
l: any income and gains derived from, the proceeds of any disposition of, and any increase in the value of, any property described in paragraphs (a) to (k)
4: Section 8 subsection (2)
2: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 83
5: The heading to section 8 Matrimonial Relationship
15: New
sections 9 to 10 The principal Act is amended by repealing sections 9 and 10
9: Separate property defined
1: All property of either spouse or de facto partner that is not relationship property is separate property.
2: Subject to sections 8(1)(ee), 9A(3), and 10
3: Subject to section 9A
4: The following property is separate property, unless the Court considers that it is just in the circumstances to treat the property or any part of the property as relationship property:
a: all property acquired by either spouse or de facto partner while they are not living together as husband and wife or as de facto partners:
b: all property acquired, after the death of 1 spouse or de facto partner, by the surviving spouse or de facto partner, as provided in section 84
5: Subject to subsection (6) section 25(3)
6: However, where relationship property has been divided on the bankruptcy of a spouse or de facto partner,—
a: the family home and any family chattels acquired after that division may be relationship property; and
b: any other property acquired by either spouse or de facto partner after the discharge of that spouse or de facto partner from bankruptcy may be relationship property.
9A: When separate property becomes relationship property
1: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part) to the application of relationship property, then the increase in value or (as the case requires) the income or gains are relationship property.
2: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part, and whether directly or indirectly) to actions of the other spouse or de facto partner, then—
a: the increase in value or (as the case requires) the income or gains are relationship property; but
b: the share of each spouse or de facto partner in that relationship property is to be determined in accordance with the contribution of each spouse or de facto partner to the increase in value or (as the case requires) the income or gains.
3: Any separate property, or any proceeds of the disposition of any separate property, or any increase in the value of, or any income or gains derived from, separate property, is relationship property if that separate property or (as the case requires) those proceeds or the increase in value or the income or gains are used—
a: with the express or implied consent of the spouse or de facto partner that owns, receives, or is entitled to them; and
b: for the acquisition or improvement of, or to increase the value of, or the amount of any interest of either spouse or de facto partner in, any property referred to in section 8(1)
4: Subsection (3) section 10
10: Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
1: Subsection (2)
a: property that a spouse or de facto partner acquires from a third person—
i: by succession; or
ii: by survivorship; or
iii: by gift; or
iv: because the spouse or de facto partner is a beneficiary under a trust settled by a third person:
b: the proceeds of a disposition of property to which paragraph (a)
c: property acquired out of property to which paragraph (a)
2: Property to which this subsection applies is not relationship property unless, with the express or implied consent of the spouse or de facto partner who received it, the property or the proceeds of any disposition of it have been so intermingled with other relationship property that it is unreasonable or impracticable to regard that property or those proceeds as separate property.
3: Property that 1 spouse or de facto partner acquires by gift from the other spouse or de facto partner is not relationship property unless the gift is used for the benefit of both spouses or de facto partners.
4: Regardless of subsections (2) and (3) section 9(4) Part 6
16: New
Part 3 The principal Act is amended by inserting, after section 10
3: Application of this Act
10A: Application of Act to division of relationship property where both spouses or de facto partners alive
This Act (other than Part 8 section 25(2)
10B: Application of Act to division of relationship property on death of spouse or de facto partner
1: This Act (including Part 8
a: 1 of the spouses or de facto partners dies on or after 1 February 2002 (except in the situation described in section 10D(1)
b: in the case of spouses, 1 of them dies before 1 February 2002 and, at the date of that spouse's death, no proceedings have been commenced between the spouses under this Act or the Matrimonial Property Act 1963
2: Subsection (1) section 25(2)
10C: Application of Act in other circumstances
This Act also applies—
a: in the circumstances described in sections 4(4), 4(6), 21H, 43(1), 44(1), 45(1), and 51(2)
b: in the circumstances described in sections 25(3) and 28(1)
c: in the circumstances described in sections 20 to 20F
i: while both spouses or de facto partners are alive; and
ii: if a spouse or de facto partner is subject to sections 20 to 20F
iii: if a surviving spouse or de facto partner is declared bankrupt after the death of the other spouse or de facto partner, after the death of the other spouse or de facto partner:
d: in the circumstances described in sections 58 and 59
e: in the circumstances described in section 87
10D: Proceedings
1: If proceedings under this Act, or to which this Act applies, are commenced while both spouses or de facto partners are alive, and 1 of them dies, or they both die, before the proceedings are completed, the proceedings continue under this Act, except sections 61 to 95
2: Nothing in subsection (1)
3: If a surviving spouse or de facto partner chooses, under section 61
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94
17: New
Part 4 The principal Act is amended by repealing sections 11 to 18 sections 11 15
4: Division of relationship property
Division of relationship property: general
11: Division of relationship property
1: On the division of relationship property under this Act, each of the spouses or de facto partners is entitled to share equally in—
a: the family home; and
b: the family chattels; and
c: any other relationship property.
2: This section is subject to the other provisions of this Part.
11A: Where family home sold
1: If the family home has been sold, each spouse or de facto partner is entitled to share equally in the proceeds of the sale as if they were the family home, if the following conditions are satisfied:
a: either spouse or de facto partner or both of them have sold the family home with the intention of applying all or part of the proceeds of the sale towards the acquisition of another home as a family home:
b: that home has not been acquired:
c: at the date of the application to the Court, not more than 2 years have elapsed since the date when those proceeds were received or became payable, whichever is the later.
2: This section is subject to sections 12 to 17A
11B: Compensation for absence of interest in family home
1: This section applies where—
a: section 11A
b: either—
i: there is no family home; or
ii: the family home is not owned by 1 of the spouses or de facto partners or both of them.
2: Where this section applies, the Court must award each spouse or de facto partner an equal share in such part of the relationship property as it thinks just in order to compensate for the absence of an interest in the family home.
3: This section is subject to sections 12 to 17A Homesteads
12: Homesteads
1: If the family home is a homestead that is owned by either spouse or de facto partner or both of them, section 11(1)(a)
2: Instead, each spouse or de facto partner is entitled to share equally in a sum of money equal to the equity of either spouse or de facto partner or both of them in the homestead.
3: If a spouse or de facto partner does not have a beneficial interest in the land on which the homestead is situated, that spouse or de facto partner is deemed to be beneficially interested in that land until his or her share of that sum is paid or otherwise satisfied.
4: This section is subject to sections 13 to 17A
12A: Valuation of homestead
For the purposes of section 12 Exception to equal sharing
13: Exception to equal sharing
1: If the Court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 section 11A section 11B section 12
2: This section is subject to sections 14 to 17A Relationships of short duration
14: Marriages of short duration
1: This section applies if a marriage is a relationship of short duration (as defined in section 2E
2: If this section applies, sections 11(1)(a), 11(1)(b), 11A, 11B, and 12
a: to any asset owned wholly or substantially by 1 spouse at the date on which the marriage began; or
b: to any asset that has come to 1 spouse, after the date on which the marriage began,—
i: by succession; or
ii: by survivorship; or
iii: as the beneficiary under a trust; or
iv: by gift from a third person; or
c: where the contribution of 1 spouse to the marriage has clearly been disproportionately greater than the contribution of the other spouse.
3: In every case to which subsection (2)
a: the share of each spouse in the relationship property is to be determined in accordance with the contribution of each spouse to the marriage; and
b: the share of each spouse in any other relationship property that falls for division under sections 11(1)(a), 11(1)(b), 11A, 11B, and 12 paragraph (a) sections 11(1)(a), 11(1)(b), 11A, 11B, and 12
4: If this section applies, each spouse is entitled to share equally in any relationship property that falls for division under section 11(1)(c)
5: If, under subsection (4)
6: This section is subject to sections 15 to 17A
7: In proceedings commenced after the death of 1 of the spouses, this section is modified by section 85
14A: De facto relationships of short duration
1: This section applies if a de facto relationship is a relationship of short duration (as defined in section 2E
2: If this section applies, an order cannot be made under this Act for the division of relationship property unless—
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the applicant has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice.
3: If this section applies, and the Court is satisfied that the grounds specified in subsection (2)
4: Nothing in this section prevents a Court from making a declaration or an order under section 25(3)
5: This section is subject to sections 15 to 17A Court may make orders to redress economic disparities
15: Court may award lump sum payments or order transfer of property
1: This section applies if, on the division of relationship property, the Court is satisfied that, after the marriage or de facto relationship ends, the income and living standards of 1 spouse or de facto partner ( party B party A
2: In determining whether or not to make an order under this section, the Court may have regard to—
a: the likely earning capacity of each spouse or de facto partner:
b: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the Court, if it considers it just, may, for the purpose of compensating party A,—
a: order party B to pay party A a sum of money out of party B's relationship property:
b: order party B to transfer to party A any other property out of party B's relationship property.
4: This section overrides sections 11 to 14A
15A: Orders where spouse or de facto partner has contributed to increase in value of separate property
1: This section applies if, on the division of relationship property, the Court is satisfied—
a: that, after the marriage or de facto relationship ends, the income and living standards of 1 spouse or de facto partner ( party B party A
b: that any increase in the value of party B's separate property was attributable, wholly or in part, and whether directly or indirectly, to the actions of party B while the spouses or de facto partners were living together.
2: In determining whether or not to make an order under this section, the Court may have regard to—
a: the likely earning capacity of each spouse or de facto partner:
b: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the Court, if it considers it just, may, for the purpose of compensating party A for the increase in value of party B's separate property,—
a: order party B to pay party A a sum of money, whether out of relationship property or separate property:
b: order party B to transfer to party A any other property, whether the property is relationship property or separate property.
4: This section does not limit section 15 sections 11 to 14A Other provisions relating to division of relationship property
16: Adjustment when each spouse or de facto partner owned home at date relationship began
1: This section applies if,—
a: at the date the marriage or de facto relationship began, each spouse or de facto partner owned a home; and
b: each of those homes was capable of becoming a family home; but
c: at the time when the relationship property is to be divided, the home (or the proceeds of the sale of the home) of only 1 spouse or de facto partner is included in the relationship property.
2: This section also applies if,—
a: before the marriage or de facto relationship began, each spouse or de facto partner owned a home; and
b: each of those homes was capable of becoming a family home; and
c: 1 of the spouses or de facto partners ( party A
d: at the time when the relationship property is to be divided,—
i: the home (or the proceeds of the sale of the home) of the other spouse or de facto partner ( party B
ii: the proceeds of the sale of party A's home are not included in the relationship property.
3: If this section applies, the Court may adjust the shares of the spouses or de facto partners in any of the relationship property (including the family home and the family chattels) according to what it considers just to compensate for the inclusion of the home of only 1 spouse or de facto partner in the relationship property.
4: This section overrides sections 11 to 14A
17: Sustenance of separate property
1: This section applies if the separate property of 1 spouse or de facto partner ( party A
a: the application of relationship property; or
b: the actions of the other spouse or de facto partner ( party B
2: If this section applies, the Court may—
a: increase the share to which party B would otherwise be entitled in the relationship property; or
b: order party A to pay party B a sum of money as compensation.
3: This section overrides sections 11 to 14A
17A: Diminution of separate property
1: If the separate property of 1 spouse or de facto partner has been materially diminished in value by the deliberate action or inaction of the other spouse or de facto partner, the Court may, to such extent as it thinks just, diminish the share to which the other spouse or de facto partner would otherwise be entitled in the relationship property.
2: This section overrides sections 11 to 14A
18: Contributions of spouses or de facto partners
1: For the purposes of this Act, a contribution to the marriage or de facto relationship means all or any of the following:
a: the care of—
i: any child of the marriage or child of the de facto relationship:
ii: any aged or infirm relative or dependant of either spouse or de facto partner:
b: the management of the household and the performance of household duties:
c: the provision of money, including the earning of income, for the purposes of the marriage or de facto relationship:
d: the acquisition or creation of relationship property, including the payment of money for those purposes:
e: the payment of money to maintain or increase the value of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or de facto partner or any part of that property:
f: the performance of work or services in respect of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or de facto partner or any part of that property:
g: the forgoing of a higher standard of living than would otherwise have been available:
h: the giving of assistance or support to the other spouse or de facto partner (whether or not of a material kind), including the giving of assistance or support that—
i: enables the other spouse or de facto partner to acquire qualifications; or
ii: aids the other spouse or de facto partner in the carrying on of his or her occupation or business.
2: There is no presumption that a contribution of a monetary nature (whether under subsection (1)(c)
18A: Effect of misconduct of spouses or de facto partners
1: Except as permitted by subsections (2) and (3)
2: Subject to subsection (3)
a: in determining the contribution of a spouse to the marriage, or of a de facto partner to the de facto relationship; or
b: in determining what order it should make under any of sections 26, 26A, 27, 28, 28B, 28C, and 33
3: For conduct to be taken into account under subsection (2)
18B: Compensation for contributions made after separation
1: In this section, relevant period
2: If, during the relevant period, a spouse or de facto partner ( party A
a: order the other spouse or de facto partner ( party B
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 86
18C: Compensation for dissipation of relationship property after separation
1: In this section, relevant period section 18B
2: If, during the relevant period, the relationship property has been materially diminished in value by the deliberate action or inaction of one spouse or de facto partner ( party B party A
a: order party B to pay party A a sum of money:
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 86
18: New Part heading substituted
The principal Act is amended by repealing the heading immediately before section 19
5: Relationship property and creditors
.
19: Effect of Act while property undivided
Section 19 spouse or de facto partner
20: New
sections 20 to 20F The principal Act is amended by repealing section 20
20: Interpretation
1: In sections 20A to 20E personal debt
a: a debt that is not a relationship debt:
b: a debt to the extent that it is not a relationship debt relationship debt
a: by the spouses or de facto partners jointly; or
b: in the course of a common enterprise carried on by the spouses or de facto partners, whether alone or together with another person; or
c: for the purpose of acquiring, improving, or maintaining relationship property; or
d: for the benefit of both spouses or de facto partners in the course of managing the affairs of the household; or
e: for the purpose of bringing up any child of the marriage or, as the case requires, any child of the de facto relationship.
2: To avoid any doubt, for a debt to fall within paragraph (c) relationship debt subsection (1)
20A: Rights of creditors preserved
1: Secured and unsecured creditors of a spouse or de facto partner have the same rights against that spouse or de facto partner, and against property owned by the spouse or de facto partner, as if this Act had not been passed.
2: If, had this Act not been passed, any property would have passed to the Official Assignee on or following the bankruptcy of a spouse or de facto partner, then that property (and no other property) passes to the Official Assignee as if this Act had not been passed.
3: This section—
a: is subject to section 20B
b: applies except as otherwise expressly provided in this Act.
20B: Protected interest in family home
1: Each spouse or de facto partner has a protected interest in the family home, which includes,—
a: where section 11A
b: where section 11B
c: where section 12
2: The protected interest of a spouse or de facto partner is not liable for the unsecured debts of the other spouse or de facto partner, other than an unsecured debt incurred—
a: by the spouses or de facto partners jointly; or
b: by the spouse or de facto partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home.
3: The value of the protected interest of a spouse or de facto partner is as follows:
a: where section 11
i: the specified sum; or
ii: one half of the equity of the spouses or de facto partners in the family home:
b: where section 11A
i: the specified sum; or
ii: one half of the proceeds of the sale of the family home:
c: where section 11B or section 12
i: the specified sum; or
ii: one half of the property or money shared under the applicable section.
4: In this section, specified sum section 53A
20C: Payment of protected interest on bankruptcy of other spouse or de facto partner
1: If, on the bankruptcy of a spouse or de facto partner, the family home (including a homestead) or, if section 11A
a: the amount of the protected interest of the other spouse or de facto partner; or
b: so much of that amount as remains after the Official Assignee has paid the debts specified in subsection (2)
2: The debts referred to in subsection (1)(b)
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or de facto partners jointly; or
ii: by the spouse or de facto partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home.
3: If, on the bankruptcy of a spouse or de facto partner, section 11B
20D: Calculation of net value of relationship property
The value of the relationship property that may be divided between the spouses or de facto partners under this Act must be calculated by—
a: ascertaining the total value of the relationship property; and then
b: deducting from that total any secured or unsecured relationship debts owed by either or both spouses or de facto partners.
20E: Compensation for satisfaction of personal debts
1: If a secured or unsecured personal debt of 1 spouse or de facto partner ( party A party B
a: an order increasing proportionately the share to which party B would otherwise be entitled in the relationship property:
b: an order that property that is part of party A's separate property be treated as relationship property for the purposes of any division of relationship property under this Act:
c: an order that party A pay party B a sum of money as compensation.
2: The Court may make an order under this section on its own initiative, but must make an order under this section if party B applies for such an order.
3: This section applies whether the debt was paid or satisfied voluntarily or pursuant to legal process.
20F: Application of
Joint Family Homes Act 1964 Nothing in sections 20 to 20E Joint Family Homes Act 1964
21: New
Part 6
1: The principal Act is amended by repealing section 21
6: Contracting out
When persons can contract out
21: Spouses or de facto partners may contract out of this Act
1: A husband and wife or de facto partners, or any 2 persons in contemplation of entering into a marriage or de facto relationship, may, for the purpose of contracting out of the provisions of this Act, make any agreement they think fit with respect to the status, ownership, and division of their property (including future property).
2: An agreement made under this section may relate to the status, ownership, and division of property in either or both of the following circumstances:
a: during the joint lives of the spouses or de facto partners:
b: when 1 of the spouses or de facto partners dies.
3: This section is subject to section 47
21A: Spouses or de facto partners may settle differences by agreement
1: A husband and wife or de facto partners may, for the purpose of settling any differences that have arisen between them concerning property owned by either or both of them, make any agreement they think fit with respect to the status, ownership, and division of that property.
2: This section is subject to section 47
21B: Surviving spouse or de facto partner and personal representative may agree on division of property
1: This section applies—
a: when proceedings are commenced while both spouses or de facto partners are alive, and 1 spouse or de facto partner dies before the proceedings are completed; or
b: when 1 spouse or de facto partner dies and the other spouse or de facto partner, or the personal representative of the deceased spouse or de facto partner, intends to commence, or commences, proceedings after the death of the deceased.
2: If this section applies, a surviving spouse or de facto partner (the survivor
3: If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or de facto partner, an agreement under this section is not valid unless the Court approves the agreement.
4: Subsection (3)
5: This section is subject to section 47
21C: Court may be asked to approve agreement between surviving spouse or de facto partner and personal representative
1: If a surviving spouse or de facto partner and the personal representative of the deceased spouse or de facto partner intend to make an agreement under section 21B
2: If the Court approves the agreement, the agreement has effect in accordance with section 21B Subject matter of agreement
21D: Subject matter of agreement
1: An agreement under section 21 section 21A section 21B
a: provide that any property, or any class of property, is to be relationship property or is to be separate property:
b: define the share of the relationship property, or of any part of the relationship property, that each spouse or de facto partner is to be entitled to when the marriage or de facto relationship ends:
c: define the share of the relationship property, or of any part of the relationship property, that the surviving spouse or de facto partner and the estate of the deceased spouse or de facto partner is to be entitled to on the death of 1 of the spouses or de facto partners:
d: provide for the calculation of those shares:
e: prescribe the method by which the relationship property, or any part of the relationship property, is to be divided.
2: This section does not limit the generality of sections 21 to 21B Model forms of agreement
21E: Regulations prescribing model forms of agreement
1: The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 section 21A section 21B
2: The Governor-General may, by Order in Council, make regulations prescribing model forms of agreement for the purposes of section 21 section 21A section 21B
3: Use of a prescribed model form of agreement is optional. Procedural requirements
21F: Agreement void unless complies with certain requirements
1: Subject to section 21H section 21 section 21A section 21B subsections (2) to (5)
2: The agreement must be in writing and signed by both parties.
3: Each party to the agreement must have independent legal advice before signing the agreement.
4: The signature of each party to the agreement must be witnessed by a lawyer.
5: The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement.
21G: Other grounds of invalidity not affected
Section 21F
21H: Court may give effect to agreement in certain circumstances
1: Even though an agreement is void for non-compliance with a requirement of section 21F
2: The Court may make a declaration under this section in the course of any proceedings under this Act, or on application made for the purpose. Agreements by minors
21I: Agreements entered into by minors
1: Subject to subsection (2) section 21 section 21A section 21B
2: If a minor who is younger than 18 years, and is not and has not been married, enters into an agreement under section 21 section 21A section 21B
3: An approval may be given on application by the minor before or after the agreement has been signed by the parties. Court may set agreement aside
21J: Court may set agreement aside if would cause serious injustice
1: Even though an agreement satisfies the requirements of section 21F
2: The Court may exercise the power in subsection (1)
3: This section does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground.
4: In deciding, under this section, whether giving effect to an agreement made under section 21 section 21A section 21B
a: the provisions of the agreement:
b: the length of time since the agreement was made:
c: whether the agreement was unfair or unreasonable in the light of all the circumstances at the time it was made:
d: whether the agreement has become unfair or unreasonable in the light of any changes in circumstances since it was made (whether or not those changes were foreseen by the parties):
e: the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the agreement:
f: any other matters that the Court considers relevant.
5: In deciding, under this section, whether giving effect to an agreement made under section 21B Miscellaneous provisions
21K: Agreements made for valuable consideration
1: Every agreement under section 21 section 21A section 21B
2: Nothing in this section limits or affects the manner of determining, for the purposes of the Estate and Gift Duties Act 1968
21L: Enforcement of agreements
1: Remedies that, under any enactment or rule of law or of equity, are available for the enforcement of contracts may be used for the enforcement of agreements under section 21 section 21A section 21B
2: This section is subject to the provisions of this Part.
21M: Consequences of invalidity of agreement
If an agreement purporting to be made under section 21 section 21A section 21B section 21J
21N: Other powers and capacities not affected
1: Nothing in this Part limits or affects the capacity of either spouse or de facto partner to agree to acquire or hold any property jointly or in common, whether or not together with any other person, and whether legally or beneficially.
2: Nothing in this Part limits or affects the power of spouses or de facto partners to make gifts to each other.
3: Regardless of any rule of law, a gift between spouses or de facto partners may be made orally or in writing, and does not need to be made by deed or by delivery.
4: Subsection (3)
21O: Application of Act to relationship property not subject to agreement
Relationship property is subject to the provisions of this Act if neither of the following kinds of agreement applies to the property:
a: an agreement under section 21 section 21A section 21B
b: an agreement to which section 21P section 21Q section 21Q Agreements made before 1 August 2001
21P: Agreements made before 1 August 2001 between de facto partners
1: This section applies to any agreement—
a: that is made, before 1 August 2001, by de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: that is made with respect to the status, ownership, or division of their property.
2: An agreement to which subsection (1)
a: may relate to existing or future property, or both:
b: may relate to the status, ownership, or division of property in either or both of the following circumstances:
i: during the joint lives of the de facto partners:
ii: when 1 of them dies.
3: Subsection (2) subsection (1)
21Q: Agreements made before 1 August 2001 between spouses relating to division of property on death
This section applies to any agreement—
a: that is made, before 1 August 2001, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: that is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when 1 of them dies.
21R: Agreements to have effect as if Act not passed
1: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which section 21P
b: an agreement to which section 21Q section 21Q
2: This section is subject to section 47
21S: Agreements made under previous
section 21 Any agreement made before 1 August 2001 under section 21 section 21 section 21A Agreements made between 1 August 2001 and 31 January 2002, where marriage or de facto relationship ends before 1 February 2002
21T: Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date
1: This section applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by 2 de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: the agreement is made with respect to the status, ownership, or division of their property—
i: during the joint lives of the de facto partners:
ii: when 1 of them dies; and
c: the de facto relationship ends before 1 February 2002.
2: This section also applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: the agreement is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when 1 of them dies; and
c: 1 of the spouses dies before 1 February 2002.
3: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which subsection (1)
b: an agreement to which subsection (2) subsection (2)
4: This section is subject to section 47
2: This section comes into force on 1 August 2001.
3: For the purposes of applying Part 6 sections 2 to 2D section 8 section 8
22: New Part heading and heading substituted
The principal Act is amended by repealing the heading immediately before section 22
7: Proceedings under this Act
General .
23: New
section 22 The principal Act is amended by repealing section 22
22: Jurisdiction
1: Every application under this Act must be heard and determined in a Family Court.
2: This section is subject to any other provision of this Act that confers jurisdiction on any other court.
3: Regardless of subsections (1) and (2)
4: The Family Court Judge may transfer proceedings on the application of a party to the proceedings or on his or her own initiative.
5: Proceedings transferred to the High Court continue in that Court as if they had been properly commenced there.
24: New
section 23 The principal Act is amended by repealing section 23
23: Who can apply
1: The following persons may apply for an order under section 25(1)(a) or (b) section 25(3)
a: either spouse or de facto partner, or both of them jointly:
b: any person on whom the spouses or de facto partners have made conflicting claims in respect of property.
2: The Official Assignee in Bankruptcy of the property of either spouse or de facto partner may not apply for an order under section 25(1)(a) section 25(1)(b) section 25(3)
3: If 1 of the spouses or de facto partners has died, the application of this section is modified by section 88 section 10D(1)
25: New
sections 24 to 26A The principal Act is amended by repealing sections 24 to 26
24: Time limits for making applications
1: The following time limits apply in relation to applications made under this Act:
a: an application made after a marriage has been dissolved by an order dissolving the marriage must be made before the expiry of the period of 12 months after the date on which that order takes effect as a final order:
b: an application made after an order has been made declaring a marriage to be void ab initio
c: an application made after a de facto relationship has ended must be made no later than 3 years after the de facto relationship ended.
2: Regardless of subsection (1)
a: the applicant; and
b: any other persons who would have an interest in the property that would be affected by the order sought and who the Court considers should be heard.
3: The Court's power under this section extends to cases where the time for applying has already expired.
4: If 1 of the spouses or de facto partners has died, the application of this section is modified by section 89 section 10D(1)
25: When Court may make orders
1: On an application under section 23
a: make any order it considers just—
i: determining the respective shares of each spouse or de facto partner in the relationship property or any part of that property; or
ii: dividing the relationship property or any part of that property between the spouses or de facto partners:
b: make any other order that it is empowered to make by any provision of this Act.
2: The Court may not make an order under subsection (1)
a: in the case of a marriage,—
i: that the husband and wife are living apart (whether or not they have continued to live in the same residence) or are separated; or
ii: that the marriage has been dissolved; or
b: in the case of a de facto relationship, that the de facto partners no longer have a de facto relationship with each other; or
c: that 1 spouse or de facto partner is endangering the relationship property or seriously diminishing its value, by gross mismanagement or by wilful or reckless dissipation of property or earnings; or
d: that either spouse or de facto partner is an undischarged bankrupt.
3: Regardless of subsection (2)
4: To avoid any doubt, but without limiting subsection (3)
5: This section is subject to the other provisions of this Act.
6: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 91 Orders for benefit of children of marriage or children of de facto relationship
26: Orders for benefit of children of marriage or children of de facto relationship
1: In proceedings under this Act, the Court must have regard to the interests of any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the de facto relationship and, if it considers it just, may make an order settling the relationship property or any part of that property for the benefit of the children of the marriage or children of the de facto relationship or of any of them.
2: If the Court makes an order under subsection (1)
3: An order under this section may be made and has effect regardless of any agreement under Part 6 Postponement of sharing
26A: Postponement of sharing
1: On the division of relationship property under this Act, the Court may make an order postponing the vesting of any share in the relationship property, either wholly or in part, until a specified future date or until the occurrence of a specified event if the Court is satisfied that immediate vesting would cause undue hardship for a spouse or de facto partner who is the principal provider of ongoing daily care for 1 or more minor or dependent children of the marriage or, as the case requires, for 1 or more minor or dependent children of the de facto relationship.
2: The Court may order postponement of vesting under this section only for as long as necessary, and only to the extent necessary, to alleviate the undue hardship.
3: Nothing in this section limits section 33 Occupation orders, tenancy orders, and furniture orders .
26: Occupation orders
1: Section 27(1)
a: by omitting the words the husband or the wife either spouse or de facto partner
b: by omitting the word matrimonial family
c: by omitting the word matrimonial relationship
2: Section 27(2)
a: by inserting, after the word spouse or de facto partner
b: by omitting the word matrimonial family
3: Section 27(3)
a: by omitting the words Notwithstanding anything in section 5 of this Act
b: by omitting the words the husband or wife a spouse or de facto partner
4: Section 27
5: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 91
27: Orders with respect to tenancy
1: Section 28 subsection (1)
1: Regardless of section 23 applicant
1A: The Court may not make an order under this section unless, at the time of the making of the order,—
a: the spouse or de facto partner against whom the order is made (the other party
b: the other party is a tenant of the dwellinghouse; and
c: either spouse or de facto partner is residing in the dwellinghouse.
2: Section 28
7: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 91
28: Factors affecting occupation orders and orders with respect to tenancy
1: Section 28A(1)
a: by inserting, after the word minor or
b: by inserting, after the word marriage or, as the case requires, any minor or dependent child of the de facto relationship,
2: Section 28A
3: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is affected by section 91
29: New
sections 28B to 28D The principal Act is amended by repealing section 28B
28B: Ancillary furniture order
1: On or after making an occupation order under section 27(1) section 28(1)
2: An order made under this section may be for such period, and on such terms and conditions, as the Court thinks fit.
28C: Furniture required to equip another household
1: Regardless of section 23 applicant
a: the family home or any other premises forming part of the relationship property; or
b: any dwellinghouse in respect of which a tenancy order could be made under section 28(1)
2: Either spouse or de facto partner may apply for an order under this section.
3: The Court may make an order under this section only if it is satisfied that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant is or will be living (whether alone or with 1 or more children of the marriage or, as the case requires, 1 or more children of the de facto relationship).
4: In determining whether to make an order under this section, the Court must have particular regard to any need of the applicant to have suitable furniture, household appliances, and household effects to provide for the needs of any children of the marriage or, as the case requires, any children of the de facto relationship, where those children live, or will be living, with the applicant.
5: Subsection (4) section 26(1)
6: An order made under this section may be for such period, and on such terms and conditions, as the Court thinks fit. 1995 No 86 s 67
28D: Effect of furniture orders
1: The person in whose favour an order is made under section 28B section 28C
1: An order to which this section applies has effect and may be enforced as if it were an order of the Court for delivery of chattels granted in favour of the person for whose benefit the order is made. 1995 No 86 ss 64, 68 Hire purchase agreements .
30: Orders when property subject to hire purchase agreement
Section 29
a: by omitting the words the husband or the wife or both either or both spouses or de facto partners
b: by inserting, after the word spouse or de facto partner
31: New heading inserted
The principal Act is amended by inserting, immediately before section 30 Insurance policies .
32: Orders in relation to insurance policies
Section 30
a: by omitting from paragraph (a) the husband or the wife either spouse or de facto partner
b: by inserting, after the word spouse paragraphs (a) (b) or de facto partner
33: New heading inserted
The principal Act is amended by inserting, immediately before section 31 Superannuation scheme entitlements .
34: Orders in relation to superannuation rights
1: Section 31(1)
a: by omitting the word matrimonial relationship
b: by omitting the expression section 8(i) section 8(1)(i)
c: by omitting the words the husband or wife either spouse or de facto partner
d: by inserting, after the word spouse or de facto partner
2: Section 31(3) he or she
35: New headings and
section 32 The principal Act is amended by repealing section 32 Orders relating to maintenance and child support
32: Orders relating to maintenance and child support
1: In any proceedings, the Court must have regard to—
a: any order made under the Family Proceedings Act 1980
b: any child support payable by 1 spouse or de facto partner, under a formula assessment under the Child Support Act 1991
c: any voluntary agreement, whether or not the agreement has been accepted under Part III of the Child Support Act 1991
2: In any proceedings, the Court, if it considers it just, may—
a: make an order under the Family Proceedings Act 1980
b: discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980
c: make any order in relation to child support that may be made under section 106 or section 109 or section 112 of the Child Support Act 1991 section 104 section 108 or section 112 of that Act
d: cancel, vary, extend, or suspend a voluntary agreement.
3: An order made under this Act in respect of relationship property is not sufficient by itself to support—
a: an application under section 99 of the Family Proceedings Act 1980
b: an application for an order under Part VII of the Child Support Act 1991
c: the cancellation, variation, extension, or suspension of a voluntary agreement. Ancillary powers .
36: Ancillary powers of Court
1: Section 33 subsection (3)
3: In particular, but without limiting the generality of subsections (1) and (2)
a: an order for the sale of the relationship property or any part of the relationship property, and for the division, vesting, or settlement of the proceeds:
b: in the case of property owned by both spouses or de facto partners jointly, an order vesting the property in both spouses or de facto partners in common in such shares as the Court considers just:
c: an order vesting the relationship property, or any part of the relationship property, in either spouse or de facto partner:
d: an order postponing the vesting of any share in the relationship property, or any part of such share, until a future date specified in the order or until the occurrence of a future event specified in the order:
e: an order for the partition or vesting of any property:
f: in the case of property owned by 1 spouse or de facto partner, an order vesting the property in both spouses or de facto partners jointly or in common in shares that the Court considers just:
g: in the case of property owned by both spouses or de facto partners, jointly or in common, an order vesting the property in 1 of them:
h: an order for the cancellation of the settlement of a joint family home:
i: an order for the payment of a sum of money by 1 spouse or de facto partner to the other:
j: an order for the transfer of land, or of any interest in land, including a lease, licence, or tenancy:
k: an order for the transfer of shares or stock, or of mortgages, charges, debentures, or other securities, or of the title or documents of title of any property:
l: an order for the transfer of rights or obligations under any instrument or contract, and an order of this kind has effect regardless of any provision or term of the instrument or contract:
m: an order varying the terms of any trust or settlement, other than a trust under a will or other testamentary disposition:
n: in the case of money or other property that is part of the separate property of 1 spouse or de facto partner, an order requiring that spouse or de facto partner to pay the money, or transfer the other property, to the other.
2: Section 33(4) spouse or de facto partner
3: Section 33(5) matrimonial relationship
4: Section 33(7) his or her
37: New heading inserted
The principal Act is amended by inserting, immediately before section 35 Miscellaneous provisions .
38: Proceedings may be in private
Section 35(1) the husband or the wife either spouse or de facto partner
39: Restriction of publication of reports of proceedings
1: Section 35A subsection (2)
2: Every person who contravenes subsection (1)
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000.
2: Section 35A subsection (4)
4: Nothing in this section applies to the publication of any of the following:
a: a report in a publication that—
i: is genuinely of a professional or technical nature; and
ii: is intended for circulation among members of the legal or accountancy professions, officers of the Public Service, or persons engaged in commercial occupations:
b: statistical information relating to proceedings under this Act:
c: the results of any genuine research relating to proceedings under this Act, as long as the publication does not include any name or particulars likely to lead to the identification of any of the parties to the proceedings, or of any other person to whom the proceedings relate.
40: Persons entitled to be heard
Section 37 subsection (2)
2: In proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 92
41: New
section 37A The principal Act is amended by inserting, after section 37
37A: Court may appoint lawyer for children
1: The Court may appoint a lawyer to represent any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the de facto relationship in any proceedings under this Act if, in the opinion of the Court, special circumstances make the appointment necessary or desirable.
2: Fees payable to a lawyer appointed under subsection (1)
a: may be determined in accordance with regulations made under this Act; and
b: must be paid by 1 or more of the parties to the proceedings as ordered by the Court.
3: However, if the Court thinks it proper, the Court may order that the fees and expenses be paid out of public money appropriated by Parliament for the purpose.
4: If the Crown pays the amount payable under subsection (2)(b)
42: Inquiries, and settlement of schemes
Section 38(2)
a: omitting the words the solicitor or counsel the lawyer
b: omitting the words by solicitor or counsel by a lawyer
43: New heading and
sections 39 to 39B The principal Act is amended by repealing section 39 Appeals
39: Procedure for bringing appeal to High Court
1: A party to proceedings, or any other person prejudicially affected, may appeal to the High Court if a Family Court or District Court—
a: makes an order; or
b: refuses to make an order; or
c: otherwise finally determines or dismisses the proceedings.
2: An appeal must be commenced—
a: within 28 days after the making of the order or decision appealed against; or
b: within any further time allowed by the High Court on an application made to it within 1 month after that period of 28 days expires.
3: An appeal must be brought in accordance with the following provisions of the District Courts Act 1947
a: section 71
b: section 71A(2), (4), and (6)
c: section 72
d: section 73(2) ex parte
e: section 73(3) and (4)
f: section 74
g: section 75
4: If the appeal relates to proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 93
39A: Procedure on appeal to High Court
Sections 76 to 78 of the District Courts Act 1947 section 39
39B: Appeals to Court of Appeal and to Privy Council
1: The provisions of the Judicature Act 1908
2: An appeal may be made to the Privy Council against a decision of the Court of Appeal or of the High Court in proceedings, subject to the rules governing those appeals.
3: The High Court or the Court of Appeal may, if it thinks that the interests of justice so require,—
a: rehear the whole or any part of the evidence; or
b: receive further evidence.
44: New heading inserted
The principal Act is amended by inserting, immediately before section 40 Costs .
45: New heading inserted
The principal Act is amended by inserting, immediately before section 41 Registration of orders .
46: Registration of orders
Section 41(2)(b) subsections (4) and (6) of section 21 of this Act section 21F(2), (4), and (5)
47: Heading before
section 42 The principal Act is amended by inserting in the heading immediately before section 42 spouses' or de facto partners'
48: Notice of interest against title
1: Section 42(2) form set out in the First Schedule to this Act prescribed form
2: Section 42(3)
a: omitting from paragraph (a) either a District Court or the High Court a Family Court or a District Court or the High Court
b: omitting from paragraph (b) District Court or the High Court Family Court or a District Court or the High Court
49: Dispositions may be restrained
1: Section 43(1)
a: by inserting, after the words any other person ( party B
b: by omitting the words on the application of that second-named person and
2: Section 43 subsection (1)
1A: The Court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
3: Section 43(2) solicitor lawyer
50: Dispositions may be set aside
1: Section 44(1)
a: by inserting, after the words any person ( party B
b: by omitting the words , on the application of that second-named person,
2: Section 44 subsection (1)
1A: The Court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
3: Section 44(2) paragraphs (a) (b) (c) his or her
4: Section 44(4) his or her
51: New headings and
sections 44A to 44F The principal Act is amended by inserting, after section 44 Orders relating to trusts
44A: Application of
sections 44B and 44C Sections 44B and 44C
44B: Court may require party to disclose information about dispositions of property to trust
1: In any proceedings for an order under section 25(1)(a)
2: The Court may make an order under this section on the application of either party to the proceedings or on its own initiative.
44C: Compensation for property disposed of to trust
1: This section applies if the Court is satisfied—
a: that, since the marriage or the de facto relationship began, either or both spouses or de facto partners have disposed of relationship property to a trust; and
b: that the disposition has the effect of defeating the claim or rights of 1 of the spouses or de facto partners; and
c: that the disposition is not one to which section 44
2: If this section applies, the Court may make 1 or more of the following orders for the purpose of compensating the spouse or de facto partner whose claim or rights under this Act have been defeated by the disposition:
a: an order requiring 1 spouse or de facto partner to pay to the other spouse or de facto partner a sum of money, whether out of relationship property or separate property:
b: an order requiring 1 spouse or de facto partner to transfer to the other spouse or de facto partner any property, whether the property is relationship property or separate property:
c: an order requiring the trustees of the trust to pay to 1 spouse or de facto partner the whole or part of the income of the trust, either for a specified period or until a specified amount has been paid.
3: The Court must not make an order under subsection (2)(c)
a: an order under subsection (2)(a) or (b)
b: a third person has in good faith altered that person's position—
i: in reliance on the ability of the trustees to distribute the income of the trust in terms of the instrument creating the trust; and
ii: in such a way that it would be unjust to make the order.
4: The Court may make 1 or more orders under subsection (2)
a: the value of the relationship property disposed of to the trust:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the trust:
d: whether the trust gave consideration for the property, and if so, the amount of the consideration:
e: whether the spouses or de facto partners or either of them, or any child of the marriage or child of the de facto relationship, is or has been a beneficiary of the trust:
f: any other relevant matter. Orders relating to companies
44D: Definition of qualifying company
1: In sections 44E and 44F qualifying company
a: 1 of the spouses or de facto partners; or
b: the estate of the deceased spouse or de facto partner.
2: For the purposes of this section, a person holds a controlling interest in a company if that person holds (whether directly or indirectly) equity securities in that company that carry in the aggregate 50% or more of the voting rights at a general meeting of the company.
3: For the purposes of this section, a person holds equity securities in a company ( company A
a: that person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in that company (whether or not the whole or any part of the legal ownership of the equity securities is vested in that person); or
b: that person holds a controlling interest in another company ( company B
4: For the purposes of subsections (2) and (3) equity security section 2 of the Securities Act 1978
44E: Court may require party to disclose information about dispositions of property to qualifying company
1: In any proceedings for an order under section 25(1)(a)
2: The Court may make the order under this section on the application of either party to the proceedings or on its own initiative.
44F: Compensation for property disposed of to qualifying company
1: This section applies if the Court is satisfied—
a: that, since the marriage or the de facto relationship began, either or both spouses or de facto partners have disposed of relationship property to a qualifying company; and
b: that the disposition has the effect of defeating the claim or rights of 1 of the spouses or de facto partners; and
c: that the disposition is not one to which section 44
2: If this section applies, the Court may make 1 or more of the following orders for the purpose of compensating the spouse or de facto partner whose claim or rights under this Act have been defeated by the disposition:
a: an order requiring 1 spouse or de facto partner to pay to the other spouse or de facto partner a sum of money, whether out of relationship property or separate property:
b: an order requiring 1 spouse or de facto partner to transfer to the other spouse or de facto partner any property, whether the property is relationship property or separate property.
3: The Court may make 1 or more orders under subsection (2)
a: the value of the relationship property disposed of to the qualifying company:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the qualifying company:
d: whether the company gave consideration for the property, and if so, the amount of the consideration:
e: any other relevant matter. Family chattels not to be disposed of while proceedings pending .
52: Family chattels not to be disposed of
1: Section 45(1)
a: by inserting, after the words District Court Judge or a Family Court Judge
b: by omitting the word matrimonial family
2: Section 45(2) $400 $2,000
53: Protection of mortgagee
Section 46 the husband or wife a spouse or de facto partner
54: New
section 47 The principal Act is amended by repealing section 47
47: Agreements to defeat creditors void
1: Any agreement, disposition, or other transaction between spouses or de facto partners with respect to their relationship property and intended to defeat creditors of either spouse or de facto partner is void against those creditors and the Official Assignee.
2: Any such agreement, disposition, or other transaction that was not so intended but that has the effect of defeating such creditors is void against such creditors and the Official Assignee during the period of 2 years after it is made, but only to the extent that it has that effect.
3: For the purposes of subsection (2)
a: a situation described in section 25(2)
b: the agreement is made for the purpose of settling (wholly or in part) their rights under this Act with respect to that property.
4: Nothing in this section applies to any gift by 1 spouse or de facto partner to the other spouse or de facto partner, if the gift is made on a customary occasion and is reasonable in amount having regard to the donor's means and liabilities.
5: This section applies regardless of any other provision of this Act.
55: New heading substituted
The principal Act is amended by repealing the heading immediately before section 48 Further miscellaneous provisions .
56: Incidence of orders against personal representative of spouse
Section 48
57: Proceedings in tort
Section 51(2) marriage or de facto relationship
58: New
sections 52A 52B The principal Act is amended by inserting, after section 52
52A: Priority of claims where marriage and de facto relationship
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property, 1 claim being in respect of a marriage and the other claim being in respect of a de facto relationship; and
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the marriage and the de facto relationship are successive (regardless of the order in which they occur), then in accordance with the chronological order of the marriage and the de facto relationship:
b: if the marriage and the de facto relationship were at some time contemporaneous, then,—
i: to the extent possible, the property order relating to the marriage must be satisfied from the property that is attributable to that marriage; and
ii: to the extent possible, the property order relating to the de facto relationship must be satisfied from the property that is attributable to that de facto relationship; and
iii: to the extent that it is not possible to attribute all or any of the property to either the marriage or the de facto relationship, the property is to be divided in accordance with the contribution of the marriage and the de facto relationship to the acquisition of the property.
3: For the purposes of this section, a marriage and a de facto relationship are successive if the de facto relationship begins during the marriage, but after the spouses cease to live together as husband and wife.
4: In this section, and in section 52B property order
a: means an order made under any of sections 25 to 31, and 33
b: includes a declaration made under section 25(3)
52B: Priority of claims where 2 de facto relationships
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property but in relation to different de facto relationships; and
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the de facto relationships are successive, then in accordance with the chronological order of the de facto relationships:
b: if the de facto relationships were at some time contemporaneous, then,—
i: to the extent possible, the property orders must be satisfied from the property that is attributable to each de facto relationship; and
ii: to the extent that it is not possible to attribute all or any of the property to either de facto relationship, the property is to be divided in accordance with the contribution of each de facto relationship to the acquisition of the property.
59: Rules of Court and regulations
1: Section 53(2A)(a) solicitors or counsel appointed under subsection (2) of section 26 of this Act lawyers appointed under section 37A
2: Section 53(2A) paragraph (b)
ba: requiring the personal representative of a deceased spouse or de facto partner to provide the surviving spouse or de facto partner with information about the estate of the deceased spouse or de facto partner; and providing for the enforcement of any such requirement (including, without limitation, providing for the Court, on the application of the surviving spouse or de facto partner, to order the personal representative to provide all or any of the relevant information): .
60: New
section 53A The principal Act is amended by inserting, after section 53
53A: Power to prescribe specified sum
1: The Governor-General may from time to time, by Order in Council, prescribe the amount that is the specified sum for the purposes of section 20B
2: Until a different amount is prescribed under this section, the specified sum is $82,000.
61: New
Parts 8 9 The principal Act is amended by repealing sections 55 to 57
8: Division of property where 1 spouse or de facto partner dies
Application of this Part
55: Application of this Part
1: This Part applies where—
a: a marriage has ended when 1 of the spouses dies; or
b: a de facto relationship has ended when 1 of the de facto partners dies.
2: This Part also applies if,—
a: after a marriage has ended by separation or dissolution, 1 of the spouses dies, and no proceedings under Part 7
b: after a de facto relationship has ended (other than by the death of 1 of the de facto partners), 1 of the de facto partners dies, and no proceedings under Part 7
56: Application to existing and future wills
In the application of this Act to a spouse or de facto partner who dies on or after 1 February 2002 and who has made a will, it does not matter whether the will was made before, on, or after that date.
57: Application under
Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Nothing in this Act prevents a person from making an application under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Death of spouse or de facto partner Insolvent deceased spouse or de facto partner
58: Rights of creditors preserved
1: If, had this Act not been passed, any property would have become vested in an appointee (within the meaning of section 153 of the Insolvency Act 1967 section 157 of that Act Part XVII of that Act
2: If, had this Act not been passed, any property that is included in the estate of a deceased spouse or de facto partner could have been dealt with in accordance with section 31 of the Administration Act 1969
59: Payment of protected interest where estate insolvent
1: This section applies in the following cases:
a: if, after the death of a spouse or de facto partner, the family home (including a homestead) or, if section 11A section 153 of the Insolvency Act 1967 section 157 of that Act Part XVII of that Act
b: if, after the death of a spouse or de facto partner, the family home (including a homestead) or, if section 11A section 31 of the Administration Act 1969
2: If this section applies, the appointee (in any case where subsection (1)(a) subsection (1)(b)
a: the amount of the protected interest of the surviving spouse or de facto partner; or
b: so much of that amount as remains after the appointee or, as the case requires, the administrator has paid the debts specified in subsection (3)
3: The debts referred to in subsection (2)(b)
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or de facto partners jointly; or
ii: by the deceased spouse or de facto partner, for the purpose of acquiring, improving, or repairing the family home.
4: If, in any case to which this section applies, section 11B Proceedings commenced while both spouses or de facto partners alive
60: Incidence of orders against personal representative of spouse or de facto partner
1: This section applies when—
a: proceedings are commenced while both spouses or de facto partners are alive; and
b: 1 spouse or de facto partner dies before the proceedings are completed; and
c: the Court makes an order under this Act against the personal representative of the deceased spouse or de facto partner.
2: The incidence of any order made under this Act by the Court against the personal representative of a deceased spouse or de facto partner falls rateably upon such part of the estate of the deceased as consists of relationship property.
3: However, the Court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the Court makes any order under subsection (3)
a: the Court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the Court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the Court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4)
6: Where the Court makes any order under this Act against the personal representative of a deceased spouse or de facto partner (other than an order made under section 27 or section 28 Reform (Testamentary Promises) Act 1949 Family Protection Act 1955
7: In proceedings commenced after the death of 1 of the spouses or de facto partners, section 94 Surviving spouse or de facto partner may choose between division under this Act and taking under will or intestacy
61: Surviving spouse or de facto partner may choose option
1: If 1 of the spouses or de facto partners has died (except in a situation described in section 10D(1)
2: Option A is to elect to make an application under this Act for a division of relationship property.
3: Option B is as follows:
a: to elect not to make an application under this Act for a division of the relationship property; and
b: if the surviving spouse or de facto partner is a beneficiary under the will of the deceased spouse or de facto partner, to receive that property; and
c: if the surviving spouse or de facto partner is entitled to a beneficial interest on the intestacy or partial intestacy of the deceased spouse or de facto partner, to receive that interest.
62: Time limit for making choice
1: A surviving spouse or de facto partner who wishes to choose option A or option B must make that choice within the following time limits:
a: if the estate of the deceased spouse or de facto partner is a small estate (as defined in section 2
i: no later than 6 months after the date of the death of the deceased spouse or de facto partner; or
ii: if administration of the estate is granted in New Zealand within that period, no later than 6 months after the grant of administration,— whichever is the later:
b: in any other case, the choice must be made no later than 6 months after administration of the estate of the deceased spouse or de facto partner is granted in New Zealand.
2: Regardless of subsection (1) subsection (4)
a: the applicant; and
b: any other persons who the Court considers should be heard.
3: The Court's power under this section extends to cases where the time for making the choice has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001.
4: The Court may not grant an extension of time under subsection (2)
63: Surviving spouse or de facto partner may not commence proceedings before making election
A surviving spouse or de facto partner may not apply under this Act for a division of the relationship property unless—
a: the surviving spouse or de facto partner has first chosen option A; or
b: in the case of a surviving spouse, section 64
64: Position of surviving spouse if separation order made or marriage dissolved
A surviving spouse may apply under this Act for a division of the relationship property without having first chosen option A if he or she is in 1 of the following situations:
a: a separation order is in force in relation to the marriage and the deceased spouse dies intestate:
b: the marriage was ended while both spouses were alive by a legal process that occurred within or outside New Zealand.
65: How choice to be made
1: A surviving spouse or de facto partner who wishes to choose option A or option B must complete and sign a written notice indicating that choice.
2: The notice—
a: must be in the prescribed form; and
b: must include or be accompanied by a certificate—
i: signed by a lawyer; and
ii: certifying that the lawyer has explained to the surviving spouse or de facto partner the effect and implications of the notice; and
c: must be lodged—
i: with the administrator of the estate of the deceased spouse or de facto partner; or
ii: if administration of that estate has not been granted in New Zealand, in the registry of the High Court in which an application for a grant of administration of that estate would, under the High Court Rules, be required to be filed.
3: A notice given under subsection (2)
4: A choice of option is effective when a notice indicating the choice is lodged in accordance with subsection (2)(c)
66: Choice of option to be notified to certain persons
1: If a notice is lodged in accordance with section 65(2)(c)(ii) survivor subsections (2) to (4)
2: If, at the time of his or her death, the deceased spouse or de facto partner was the registered holder of any Government stock or local authorities stock (as those terms are defined in section 64(2) of the Administration Act 1969
a: the registrar of that stock (if paragraph (b)
b: any person who has been registered as the holder of that stock in reliance on that section.
3: If, at the time of his or her death, the deceased spouse or de facto partner was the registered holder of shares or debentures to which section 64A of the Administration Act 1969
a: the directors of the company that issued the shares or debentures (if paragraph (b)
b: any person who has been registered as the holder of those shares or debentures in reliance on that section.
4: If the death of the deceased spouse or de facto partner means that any sum of money may be paid, under section 65 of the Administration Act 1969
a: the person authorised under that section to make payment of that sum (if paragraph (b)
b: any person to whom that sum or part of that sum has been paid in reliance on that section (other than subsection (3)
67: Choice irrevocable
1: Once a surviving spouse or de facto partner has chosen option A or option B, that choice cannot be revoked.
2: This section is subject to the Court's power under section 69
68: Effect of failure to make choice
1: If a surviving spouse or de facto partner does not choose option A or option B, in the manner required by section 65 section 62(1) section 62(2)
2: The Court may, under section 69
69: Chosen option may be set aside
1: If a surviving spouse or de facto partner has chosen option A or option B, the Court, on application by that spouse or de facto partner, may set that choice aside.
2: The Court may set aside a choice of option only if—
a: it is satisfied that any of the following apply:
i: that the choice of option was not freely made:
ii: that the surviving spouse or de facto partner did not fully understand the effect and implications of the choice:
iii: that since the choice of option was made, the surviving spouse or de facto partner has become aware of information relevant to the making of a choice of option:
iv: that since the choice of option was made, a person (other than the surviving spouse or de facto partner) has made an application under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955
b: having regard to all the circumstances, it is satisfied that it would be unjust to enforce the choice of option.
3: In deciding whether or not to set aside a choice of option, the Court must have regard to the following matters:
a: the circumstances in which the choice of option was made:
b: the length of time since the choice was made:
c: any other matters that the Court considers relevant.
70: Choice may not be set aside if estate finally distributed
The Court may not set aside a choice of option under section 69 Distribution of estates
71: Distribution of estate before choice made
1: The administrator or trustee of the estate of a deceased spouse or de facto partner must not distribute any part of that estate before—
a: the expiry of 6 months after administration of that estate is granted in New Zealand; or
b: the surviving spouse or de facto partner chooses option A or option B,— whichever happens first.
2: Despite subsection (1)
a: where section 47(2) of the Administration Act 1969
b: where the surviving spouse or de facto partner consents in writing to the distribution:
c: where the Court, on application made to it for the purpose, approves the distribution.
72: Distribution of estate after choice made but before proceedings commenced
1: If a surviving spouse or de facto partner chooses option A, the administrator or trustee of the estate of the deceased spouse or de facto partner must not distribute any part of the estate before—
a: the surviving spouse or de facto partner applies for a division of relationship property under this Act; or
b: the expiry of the period specified in section 62(1) section 62(2) whichever happens first.
2: Despite subsection (1) section 71(2)
73: Distribution of estate while proceedings pending
1: The administrator or trustee of the estate of a deceased spouse or de facto partner must not distribute any part of that estate while proceedings are pending in respect of that estate.
2: Despite subsection (1) section 71(2)
3: For the purposes of this section, proceedings are pending—
a: from the date on which the proceedings are commenced until—
i: the proceedings are finally determined; or
ii: the proceedings are withdrawn,— whichever happens first; and
b: on and from the date on which the proceedings are finally determined until—
i: the time for appealing against the decision of the Court expires, if no such appeal has been commenced; or
ii: if an appeal against the decision of the Court is commenced, when the appeal is finally determined or is withdrawn, whichever occurs first; and
c: while any further right of appeal (whether to the Court of Appeal or to the Privy Council) subsists in relation to the proceedings, or while any such further appeal awaits determination.
74: Distribution of estate not to be disturbed
1: This section applies where any part of the estate of a deceased spouse or de facto partner has been distributed—
a: before the personal representative of that spouse or de facto partner receives notice that an application has been made to the Court—
i: under section 62(2)
ii: under section 69
iii: under section 77
iv: under section 89(2) or section 90(2)
b: after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1) of the Administration Act 1969
2: Where this section applies,—
a: the making of the application does not disturb the distribution; and
b: no order made in respect of the application may disturb the distribution; and
c: no action lies against the personal representative for having made the distribution. Effect of choice of division under this Act (option A)
75: Effect on application of Act of choice of division under this Act
If the surviving spouse or de facto partner chooses option A,—
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94
76: Effect on will or intestacy of choice of division under this Act
1: Unless the will (if any) of the deceased spouse or de facto partner expresses a contrary intention,—
a: every gift to the surviving spouse or de facto partner in the will of the deceased spouse or de facto partner (if any) is to be treated (for all purposes) as having been revoked; and
b: the will of the deceased spouse or de facto partner (if any) is to be interpreted as if the surviving spouse or de facto partner had died before the deceased spouse or de facto partner; and
c: the estate of the deceased spouse or de facto partner must be distributed accordingly.
2: The reference in subsection (1)(a)
3: The surviving spouse or de facto partner has no entitlement under Part III of the Administration Act 1969
4: This section is subject to section 77
77: Court may permit surviving spouse or de facto partner to take under will or on intestacy
1: Despite section 76
a: order that the surviving spouse or de facto partner may also receive all or any of the gifts to the surviving spouse or de facto partner in the will of the deceased spouse or de facto partner, as the Court thinks fit:
b: order that the surviving spouse or de facto partner may also receive all or part of the beneficial interest to which the surviving spouse or de facto partner is entitled on the intestacy or partial intestacy of the deceased spouse or de facto partner, as the Court thinks fit.
2: If the Court makes an order under this section, the estate of the deceased spouse or de facto partner must be distributed accordingly.
3: The Court may not make an order under this section unless the application under this section is made before the final distribution of the estate of the deceased spouse or de facto partner.
78: Priority of entitlement of surviving spouse or de facto partner
1: The entitlement of a surviving spouse or de facto partner to any property or payment under an order or agreement made under this Act has priority over—
a: any beneficial interest to which any person is entitled under the will (if any) of the deceased spouse or de facto partner; and
b: any beneficial interest to which any person is entitled on the intestacy or partial intestacy of the deceased spouse or de facto partner; and
c: any order made in respect of the estate of the deceased spouse or de facto partner under the Family Protection Act 1955 Law Reform (Testamentary Promises) Act 1949
d: all duties and fees payable in respect of the estate of the deceased spouse or de facto partner under any Act imposing or charging duties or fees on the estate of the deceased person.
2: Despite subsection (1)
a: all debts properly incurred by the personal representative of the deceased spouse or de facto partner in the ordinary course of administration of the estate of the deceased spouse or de facto partner:
b: the reasonable funeral expenses of the deceased spouse or de facto partner. Sections modifying or affecting earlier sections in proceedings commenced after death of spouse or de facto partner
79: Date at which shares determined
1: For the purposes of this Act, the share of a spouse or de facto partner in the relationship property is to be determined as at the following date:
a: if the marriage or de facto relationship ends while both spouses or de facto partners are alive, the date on which the marriage or de facto relationship ends:
b: if the marriage or de facto relationship does not end while both spouses or de facto partners are alive, the date of the death of the deceased spouse or de facto partner.
2: This section is subject to Part 6 and section 87
80: Classification of property
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined,—
a: if the marriage or de facto relationship ends while both spouses or de facto partners are alive, by the use to which they put the property while they lived together:
b: if the marriage or de facto relationship does not end while both spouses or de facto partners are alive, by the use to which they were putting the property at the date of the death of the deceased spouse or de facto partner.
81: Presumption that property of deceased spouse or de facto partner is relationship property
1: All the property that was owned by the deceased spouse or de facto partner at his or her death is presumed, in the absence of evidence to the contrary, to be relationship property.
2: A person who asserts that any property to which the presumption in subsection (1)
3: This section is subject to Part 6 and section 87
4: Nothing in this section applies to property to which section 10(2)
82: Presumption that property acquired by estate of deceased spouse or de facto partner is relationship property
1: Property acquired by the estate of the deceased spouse or de facto partner, and the proceeds of a disposition of such property, and property acquired out of such property is presumed, in the absence of evidence to the contrary, to be relationship property.
2: A person who asserts that any property to which the presumption in subsection (1)
3: This section is subject to Part 6 and section 87
4: Nothing in this section applies to property to which section 10(2)
83: Relationship property defined
1: If, on the death of a spouse or de facto partner, any property of that spouse or de facto partner passes to the surviving spouse or de facto partner, whether by survivorship or otherwise (but not by succession), then unless, in any proceedings under this Act, the Court decides otherwise,—
a: that property is not automatically to be treated as the separate property of the surviving spouse or de facto partner; and
b: the status of the property as relationship property or separate property is to be determined according to the status it would have had if the deceased spouse or de facto partner had not died.
2: This section is subject to Part 6 and section 87
84: Separate property defined
All property acquired by the surviving spouse or de facto partner after the death of the deceased spouse or de facto partner is separate property unless the Court considers that it is just in the circumstances to treat the property or any part of it as relationship property.
85: Marriages and de facto relationships of short duration
1: If a marriage was a relationship of short duration (as defined in section 2E sections 11 to 13
2: Section 14 subsection (1) sections 11 to 12
3: If a de facto relationship is a relationship of short duration (as defined in section 2E
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the surviving de facto partner or, on an application made by the deceased de facto partner's personal representative, the deceased de facto partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice.
4: If subsection (3)
86: Compensation for actions after separation or death
1: If this Part applies, then for the purposes of sections 18B and 18C relevant period
a: if the spouses or de facto partners cease to live together while both are alive, the period after they cease to live together but before the date of the hearing of an application under this Act by the Court of first instance:
b: if the spouses or de facto partners do not cease to live together while both are alive, the period after the death of the deceased spouse or de facto partner but before the date of the hearing of an application under this Act by the Court of first instance.
2: The Court may exercise the power in section 18B(2)
3: The Court may exercise the power in section 18C(2)
a: the personal representative of the deceased spouse or de facto partner; or
b: the surviving spouse or de facto partner.
87: Surviving spouse or de facto partner may challenge agreement
1: This section applies if—
a: the spouses or de facto partners make an agreement under section 21
b: 1 of them dies.
2: If this section applies,—
a: the surviving spouse or de facto partner may apply to the Court—
i: to have the agreement declared void for non-compliance with a requirement of section 21F
ii: to have the agreement set aside under section 21J
b: the surviving spouse or de facto partner may make the application either before or after exercising the option in section 61
3: In deciding, under section 21J
4: This section is subject to section 47
88: Who can apply
1: The following persons may apply for an order under section 25(1)(a) or (b) section 25(3)
a: the surviving spouse or de facto partner:
b: any person on whom conflicting claims in respect of property are made by the surviving spouse or de facto partner and the personal representative of the deceased spouse or de facto partner.
2: The personal representative of the deceased spouse or de facto partner may, with the leave of the Court, apply for an order under section 25(1)(a)
3: The following persons may apply for an order under section 25(1)(b) section 25(3)
a: the personal representative of the deceased spouse or de facto partner:
b: the Official Assignee in Bankruptcy of the property of either spouse or de facto partner:
c: an appointee (within the meaning of section 153 of the Insolvency Act 1967 section 157 of that Act
89: Time for commencement of proceedings
1: Proceedings may be commenced after the death of 1 of the spouses or de facto partners if,—
a: at the date of the death of the deceased spouse or de facto partner, the spouses or de facto partners are living together; or
b: in the case of de facto partners, at the date of the death of the deceased de facto partner, the de facto partners are not living together; or
c: in the case of spouses, at the date of the death of the deceased spouse the following circumstances exist:
i: the spouses are not living together; and
ii: the marriage has not been dissolved by an order dissolving the marriage, and an order has not been made declaring the marriage to be void ab initio
d: in the case of spouses, at the date of the death of the deceased spouse the following circumstances exist:
i: the spouses are not living together; and
ii: the marriage has been dissolved by an order dissolving the marriage, or an order declaring the marriage to be void ab initio
iii: not more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or the date of the making of the order declaring the marriage to be void ab initio
e: in the case of spouses, at the date of the death of the deceased spouse the following circumstances exist:
i: the spouses are not living together; and
ii: the marriage has been dissolved by an order dissolving the marriage, or an order declaring the marriage to be void ab initio
iii: more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or the date of the making of the order declaring the marriage to be void ab initio section 24(2)
2: The Court's power to grant an extension under section 24(2)
90: Time limits for commencing proceedings
1: Proceedings must be commenced within the following time limits:
a: if the estate of the deceased spouse or de facto partner is a small estate (as defined in section 2
i: no later than 12 months after the date of the death of the deceased spouse or de facto partner; or
ii: if administration of the estate is granted in New Zealand within that period, no later than 12 months after the grant of administration,— whichever is the later:
b: in any other case, the proceedings must be commenced no later than 12 months after administration of the estate of the deceased spouse or de facto partner is granted in New Zealand.
2: Regardless of subsection (1) subsection (3)
a: the applicant; and
b: any other persons who have an interest in the property that would be affected by the order sought and who the Court considers should be heard.
3: The Court's power under this section extends to cases where the time for commencing proceedings has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001.
4: The Court may not grant an extension of time under subsection (2)
91: Qualifications on application of
sections 25 to 34 and 43 to 44F
1: The Court must not make an order in proceedings commenced after the death of 1 of the spouses or de facto partners unless it is satisfied that 1 of the spouses or de facto partners has died.
2: When the Court makes an order under section 27(1)
3: The Court may not make an order under section 28
a: at the time of the making of the order, the tenancy of the dwellinghouse is vested in the personal representative of the deceased spouse or de facto partner; and
b: either—
i: at the time of the making of the order, the surviving spouse or de facto partner is residing in the dwellinghouse; or
ii: at the date of the death of the deceased spouse or de facto partner, the deceased spouse or de facto partner was the sole tenant of the dwellinghouse, or was a tenant in common with the surviving spouse or de facto partner.
92: Persons entitled to be heard
In section 37(1) any person having an interest in the property which would be affected by the order
93: Appeals
In section 39(1) any other person prejudicially affected
94: Incidence of orders against personal representative of spouse or de facto partner
1: This section applies when—
a: proceedings are commenced after the death of 1 of the spouses or de facto partners; and
b: the Court makes an order under this Act against the personal representative of the deceased spouse or de facto partner.
2: The incidence of any order made under this Act by the Court against the personal representative of a deceased spouse or de facto partner falls rateably upon such part of the estate of the deceased as consists of relationship property.
3: However, the Court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the Court makes any order under subsection (3)
a: the Court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the Court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the Court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4)
6: Where the Court makes any order under this Act against the personal representative of a deceased spouse or de facto partner (other than an order made under section 27 or section 28 Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Effect of choice of will or intestacy (option B)
95: Effect on application of Act of choice of will or intestacy
1: If the surviving spouse or de facto partner chooses option B, nothing in this Act (other than sections 20 to 20F or sections 58 and 59 Part III Administration Act 1969
2: To avoid any doubt, the fact that a surviving spouse or de facto partner chooses, or is treated as having chosen, option B does not prevent that person from disclaiming any interest as a beneficiary in any real or personal property to which he or she is entitled under the will of the deceased spouse or de facto partner or under Part III of the Administration Act 1969
9: Transitional provisions and savings
Transitional provisions
96: Transitional provisions applying on and from 1 February 1977
1: If an application relates to the relationship property of a marriage that took place before 1 February 1977, the Court must, in dealing with the application, have regard to any agreement entered into before 1 February 1977 by the parties to the marriage. This subsection applies despite Part 6 section 98(3)
2: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part VIII of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings commenced before 1 February 1977,— the proceedings continue as if this Act had not been passed, unless the parties agree to the proceedings continuing under this Act.
3: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part VIII of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings had not commenced before 1 February 1977,— the proceedings continue under this Act.
4: Proceedings commenced before 1 February 1977 that are continued under this Act are continued as if the Property (Relationships) Amendment Act 2001 had not been passed.
97: Transitional provisions applying on and from 1 February 2002
1: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings commenced before 1 February 2002,— the proceedings continue as if the Property (Relationships) Amendment Act 2001 had not been passed, unless the parties agree to the proceedings being continued under this Act as amended by the Property (Relationships) Amendment Act 2001.
2: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings had not commenced before 1 February 2002,— the proceedings continue under this Act as amended by the Property (Relationships) Amendment Act 2001.
3: If proceedings were commenced under the Matrimonial Property Act 1963
a: the surviving spouse against the deceased spouse's personal representative; or
b: the deceased spouse's personal representative against the surviving spouse; or
c: the personal representative of 1 spouse against the personal representative of the other spouse,— the proceedings continue as if this Act had not repealed the Matrimonial Property Act 1963
4: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings did not commence; and
c: 1 spouse dies or both spouses die,— the proceedings continue under this Act, except sections 61 to 95
5: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings commenced; and
c: 1 spouse dies or both spouses die,— the proceedings continue under this Act, as if this Act had not been amended by the Property (Relationships) Amendment Act 2001, and as if the spouse or spouses had not died.
6: If proceedings were commenced in the High Court before 1 February 2002, the proceedings continue in that Court, whether or not the hearing of the proceedings commenced before 1 February 2002. Savings
98: Savings applying on and from 1 February 1977
1: Nothing in this Act affects any order made before 1 February 1977 under section 41 or section 44 of the Matrimonial Proceedings Act 1963
2: Nothing in this Act invalidates any payment made or any act or thing done in good faith before 1 February 1977 by the personal representative of a deceased spouse.
3: Nothing in this Act affects the validity of any agreement entered into before 1 February 1977 by way of settlement of any question that has arisen in relation to relationship property, and every such agreement has effect as if this Act had not been passed.
99: Savings applying on and from 1 February 2002
The death of a spouse or de facto partner does not affect the validity or effect of anything already done or suffered under this Act or under the Matrimonial Property Act 1963
62: Schedules repealed
The principal Act is amended by repealing Schedules 1 2 3
63: Amendments to
Insolvency Act 1967
1: Section 43 Insolvency Act 1967
2: Section 42(3) Insolvency Act 1967 Subject to section 43 of this Act
3: Section 58(1) Insolvency Act 1967 section 43(3) of this Act
4: Section 104(1) Insolvency Act 1967
a: by omitting from paragraph (g)(ii) sections 43 and 54 section 54
b: by omitting from paragraph (h) sections 43 and 54 section 54
c: by omitting from paragraph (i) the debts referred to in section 43
5: In any case where a person has been adjudged bankrupt, or there has been an order or election to administer an estate under Part 17 Insolvency Act 1967 Insolvency Act 1967
64: Consequential amendments, repeals, and revocation
1: Except as provided in subsections (5) (7)
2: The enactments specified in Schedule 1
3: The enactments specified in Schedule 2
4: The Matrimonial Property (Specified Sum) Order 1996 (SR 1996/176)
5: This subsection and the following come into force on 1 August 2001:
a: the amendments to the Estate and Gift Duties Act 1968 Schedule 1
b: subsection (6)
6: For the purposes of applying section 75A Estate and Gift Duties Act 1968 subsection (2) 1
7: The amendment to section 16A(4)(1) Family Courts Act 1980 Schedule 1
a: on 1 February 2002 if the Family Courts Amendment Act 2000
b: if that Act is not in force on that date, then on the date on which that Act comes into force.
65: Transitional provision
Unless the context otherwise requires, every reference to the principal Act in any document whatsoever (other than an enactment specified in Schedule 1 Matrimonial Property Property (Relationships)
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DLM88114
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2001
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Administration Amendment Act 2001
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1: Title
1: This Act is the Administration Amendment Act 2001.
2: In this Act, the Administration Act 1969 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 11
4: Interpretation
Section 2(1) de facto relationship section 2 of the Property (Relationships) Act 1976 surviving de facto partner .
5: Charges on property of deceased to be paid primarily out of the property charged
1: Section 34(1)
2: Section 34 subsection (1)
1A: However, subsection (1)
6: Protection of administrator against certain claims
Section 47(1) paragraphs (ca) (d)
d: under the Property (Relationships) Act 1976 .
7: Payment without administration
Section 65(2) paragraph (a)
aa: a surviving de facto partner of the deceased person: .
8: New
sections 77 to 77C The principal Act is amended by repealing section 77
77: Succession to real and personal estate on intestacy
If a person (the intestate) dies intestate Person or people intestate leaves How estate to be distributed 1 Husband or wife or surviving de facto partner, but no issue and no parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust for the husband or wife or partner absolutely 2 Husband or wife or surviving de facto partner, and issue Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: a third for the husband or wife or partner absolutely; and
•: two-thirds on the statutory trusts for the issue of the intestate 3 Husband or wife or surviving de facto partner, no issue, but 1 or both parents Personal chattels (as defined in section 2(1) the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971 Residue of the estate:
•: this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39
•: anything that remains of the residue is held in trust as follows:
•: two-thirds for the husband or wife or partner absolutely; and
•: a third for the father and mother in equal shares absolutely or, if the intestate leaves only 1 parent, for that parent absolutely 4 Issue but no husband or wife or surviving de facto partner All of the estate is held on the statutory trusts for the issue of the intestate 5 No husband or wife or surviving de facto partner, and no issue, but 1 or both parents All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only 1 parent, for that parent 6 No husband or wife or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood) All of the estate is held on the statutory trusts for the 1 or more brothers or sisters 7 No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but 1 or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood) All of the estate is held in trust as follows: as to half:
•: in equal shares for the maternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or
•: if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held as to the other half:
•: in equal shares for the paternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
•: if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or
•: if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held 8 No one who takes an absolute interest under items 1 to 7 All of the estate belongs to the Crown as bona vacantia
•: dependants (whether kindred or not) of the intestate; and
•: other persons for whom the intestate might reasonably have been expected to make provision.
77A: Effect on succession on intestacy of separation order
Nothing in section 77 section 26 of the Family Proceedings Act 1980
77B: Restrictions on succession on intestacy by certain de facto partners
1: This section applies to a surviving de facto partner if his or her de facto relationship with the intestate is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: If this section applies to a surviving de facto partner, the partner is not entitled under section 77 section 77 section 77
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that not being entitled to succeed on the intestacy would result in serious injustice to the partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
77C: Succession on intestacy if intestate dies leaving spouse and 1 or more de facto partners, or 2 or more de facto partners
1: This section applies if the intestate dies leaving—
a: 1 or more surviving de facto partners entitled to succeed on the intestacy, and a husband or wife; or
b: 2 or more surviving de facto partners entitled to succeed on the intestacy.
2: If this section applies,—
a: the real or personal estate of the intestate to which section 77
b: the spouse and each partner or, as the case requires, each of the partners, is entitled to an equal share of the estate that would, under section 77
9: Statutory trusts in favour of issue and other classes of relatives of intestate
Section 78(2)
d: references in the table in section 77 no issue no issue who attain an absolutely vested interest
e: references in the table in section 77 issue issue who attain an absolutely vested interest
10: Application to cases of partial intestacy
Section 79(2) wife or surviving de facto partner
11: Regulations relating to prescribed amounts
Section 82A subsections (1) (3) (4) 77(1)(a) 77
12: Consequential amendments to other enactments
1: Section 37 Property Law Act 1952 subsection (1)
1A: If the instrument was executed before 1 February 2002, subsection (1) section 8 of the Administration Amendment Act 2001
2: Section 14 Trustee Act 1956 subsection (6A)
6A: Where a person dies intestate as to any personal chattels within the meaning of the Administration Act 1969 section 2(1) of that Act
6AA: If there is more than 1 person whose consent would be required under subsection (6A)
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DLM88142
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2001
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Family Proceedings Amendment Act 2001
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1: Title
1: This Act is the Family Proceedings Amendment Act 2001.
2: In this Act, the Family Proceedings Act 1980 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Interpretation
Section 2 family chattels matrimonial home family chattels section 2 of the Property (Relationships) Act 1976 family home section 2 of the Property (Relationships) Act 1976 .
4: New
section 13 The principal Act is amended by repealing section 13
13: Mediation conference
1: Where any of the following applications has been made in a Family Court, either party to the proceedings, or a Family Court Judge, may ask the Registrar of the Court to arrange for a mediation conference to be convened:
a: an application for a separation order:
b: an application for a maintenance order:
c: an application by 1 parent of a child against the other parent for an order for the custody of, or access to, the child.
2: On receiving a request under subsection (1)
a: appoint a time and place for the holding of a mediation conference in accordance with section 14
b: by letters sent by post to each of the parties to the application, inform them of the time and place of the mediation conference and request them to attend.
3: The time appointed under subsection (2)(a)
5: Power of Chairman to make consent orders
Section 15(1) paragraphs (c) (d)
c: a maintenance order; or
d: the possession or disposition of property under the Property (Relationships) Act 1976
6: New heading to
Part 6 The principal Act is amended by repealing the heading to Part 6 Maintenance of spouses and de facto partners
7: New
section 60 The principal Act is amended by repealing section 60
60: Interpretation
1: In this Part, unless the context otherwise requires, de facto partner de facto relationship section 2 of the Property (Relationships) Act 1976
2: In this Part, unless the context otherwise requires, child of the de facto relationship
a: means a child of both de facto partners; and
b: includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.
3: In this Part,—
a: a reference to a marriage includes a reference to a void marriage; and
b: a reference to the dissolution of a marriage includes a reference to an order declaring a marriage to be void ab initio 1963 No 71 s 48 1968 No 62 s 35(3)
8: New heading and
sections 63 to 66 The principal Act is amended by repealing sections 63 to 66 section 63 Maintenance of spouses and de facto partners
63: Maintenance during marriage
1: During a marriage, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the reasonable needs of the other party, where the other party cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2)
2: The circumstances referred to in subsection (1)
a: the ability of the parties to be or to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage while the parties are living together or lived together:
ii: the likely earning capacity of each party:
iii: any other relevant circumstances:
b: the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage after the parties ceased to live together:
c: the standard of living of the parties while they are living together or lived together:
d: any physical or mental disability:
e: any inability of a party to obtain work that—
i: it is reasonable in all the circumstances for that party to do; and
ii: is adequate to provide for that party:
f: the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b)
ii: because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.
3: Except as provided in this section, neither party to a marriage is liable to maintain the other party during the marriage. 1968 No 62 ss 27, 30, 31, 32
64: Maintenance after marriage dissolved or de facto relationship ends
1: Subject to section 64A subsection (2)
2: The circumstances referred to in subsection (1)
a: the ability of the spouses or de facto partners to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or de facto relationship while the spouses or de facto partners lived together:
ii: the likely earning capacity of each spouse or de facto partner:
iii: any other relevant circumstances:
b: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or (as the case requires) the de facto partners ceased to live together:
c: the standard of living of the spouses or de facto partners while they lived together:
d: the undertaking by a spouse or de facto partner of a reasonable period of education or training designed to increase the earning capacity of that spouse or de facto partner or to reduce or eliminate the need of that spouse or de facto partner for maintenance from the other spouse or de facto partner if it would be unfair, in all the circumstances, for the reasonable needs of the spouse or de facto partner undertaking that education or training to be met immediately by that spouse or de facto partner—
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b)
ii: because that spouse or de facto partner has previously maintained or contributed to the maintenance of the other spouse or de facto partner during a period of education or training.
3: For the purposes of subsection (2)(a)(i)
4: Except as provided in this section and section 64A
a: neither party to a marriage is liable to maintain the other party after the dissolution of the marriage:
b: neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together. 1963 No 71 ss 43, 44
64A: Spouses or de facto partners must assume responsibility for own needs within reasonable time
1: If a marriage is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together,—
a: each spouse or de facto partner must assume responsibility, within a period of time that is reasonable in all the circumstances of the particular case, for meeting his or her own needs; and
b: on the expiry of that period of time, neither spouse or de facto partner is liable to maintain the other under section 64
2: Regardless of subsection (1) party A party B section 64 subsection (3)
a: it is unreasonable to require party B to do without maintenance from party A; and
b: it is reasonable to require party A to provide maintenance to party B.
3: The matters referred to in subsection (2)
a: the ages of the spouses or de facto partners:
b: the duration of the marriage or de facto relationship:
c: the ability of the spouses or de facto partners to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or de facto relationship while the spouses or de facto partners were living together:
ii: the likely earning capacity of each spouse or de facto partner:
iii: the responsibilities of each spouse or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or (as the case requires) after the de facto partners ceased to live together:
iv: any other relevant circumstances.
4: If the marriage was immediately preceded by a de facto relationship between the husband and wife,—
a: for the purposes of subsection (3)(b)
b: for the purposes of subsection (3)(c)(i)
65: Assessment of maintenance payable to spouse or de facto partner
1: This section sets out the matters that a Court must have regard to in determining the amount payable,—
a: in the case of a marriage, by 1 spouse for the maintenance of the other spouse (whether during the marriage or after its dissolution):
b: in the case of a de facto relationship, by 1 de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.
2: The matters that the Court must have regard to are as follows:
a: the means of each spouse or de facto partner, including—
i: potential earning capacity:
ii: means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976
b: the reasonable needs of each spouse or de facto partner:
c: the fact that the spouse or de facto partner by whom maintenance is payable is supporting any other person:
d: the financial and other responsibilities of each spouse or de facto partner:
e: any other circumstances that make 1 spouse or de facto partner liable to maintain the other.
3: In considering the potential earning capacity of each spouse or de facto partner under subsection (2)(a)(i)
4: For the purposes of subsection (3)
5: In considering the reasonable needs of each spouse or de facto partner under subsection (2)(b) 1963 No 71 ss 43, 44 1968 No 62 ss 27, 30, 31, 32
66: Relevance of conduct to maintenance of spouses or de facto partners
1: The Court may have regard to the matters set out in subsection (2)
a: in the case of a marriage, the liability of 1 spouse to maintain the other spouse, and the amount of the maintenance, whether during the marriage or after its dissolution:
b: in the case of a de facto relationship, the liability of 1 de facto partner to maintain the other de facto partner, and the amount of the maintenance, after the de facto partners cease to live together.
2: The matters referred to in subsection (1)
a: conduct of the spouse or de facto partner seeking to be maintained that amounts to a device to prolong his or her inability to meet his or her reasonable needs:
b: misconduct of the spouse or de facto partner seeking to be maintained that is of such a nature and degree that it would be repugnant to justice to require the other spouse or de facto partner to pay maintenance. 1968 No 62 s 28
9: New
sections 70 to 70B The principal Act is amended by repealing section 70
70: Order for maintenance after marriage dissolved or de facto relationship ends
1: A Family Court may make an order under subsection (2)
a: on or at any time after the making of an order dissolving a marriage:
b: at any time after a de facto relationship ends.
2: The Court may do the following under this section:
a: order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the Court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the Court thinks fit:
b: make any other order referred to in section 69(1) paragraph (a)
3: Section 69(2)
4: In this section, a reference to an order dissolving a marriage includes a reference to a decree or order or legislative enactment recognised in New Zealand by virtue of section 44
5: This section is subject to sections 61, 70A, 70B, and 71 1963 No 71 s 40
70A: Effect of entering into new marriage or de facto relationship
1: The Court may not make an order in proceedings under section 70
a: in favour of a party who is seeking maintenance from a spouse to whom they were married, if that party has married someone else or has entered into a de facto relationship with someone else:
b: in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married someone else.
2: The orders specified in subsection (3)
a: in the case of an order made in favour of a party against a spouse to whom they were married, that party has married someone else or has entered into a de facto relationship with someone else:
b: in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married someone else.
3: The orders referred to in subsection (2)
a: an order made under section 70 section 69(1)(c)
b: any order made under section 99 paragraph (a)
4: Subsection (2) 1963 No 71 s 40
70B: Restrictions on maintenance orders in favour of de facto partners
1: This section applies to a de facto relationship that is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: If this section applies to a de facto relationship, the Court cannot make an order under section 70
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner seeking the order has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice to that de facto partner.
3: In subsection (2)(a)(ii) contribution section 2 of the Property (Relationships) Act 1976
10: Application for maintenance order in favour of unmarried parent
The heading to section 79 in favour of unmarried parent against natural parent.
11: Power of Family Court to make maintenance orders in favour of unmarried parent
The heading to section 80 in favour of unmarried parent against natural parent
12: Maintenance order in favour of unmarried parent
1: Section 81 subsection (3)
3: Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a de facto relationship.
2: The heading to section 81 in favour of unmarried parent against natural parent
13: Interim maintenance
Section 82(1) wife or husband or de facto partner
14: Conduct of proceedings
Section 159 subsections (1) (4) Matrimonial Property Act 1976 Property (Relationships) Act 1976
15: Applications may be heard together
Section 160 subsections (1) (2) Matrimonial Property Act 1976 Property (Relationships) Act 1976
16: Court may make orders as to settled property, etc
Section 182(6) section 21 of the Matrimonial Property Act 1976 Part 6 of the Property (Relationships) Act 1976
17: Consequential repeals
Sections 4, 5, 7, and 8 of the Family Proceedings Amendment Act 1991
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DLM88186
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2001
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Family Protection Amendment Act 2001
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1: Title
1: This Act is the Family Protection Amendment Act 2001.
2: In this Act, the Family Protection Act 1955 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 7
4: Interpretation
Section 2 subsection (1)
1: In this Act, unless the context otherwise requires,— administration administrator section 2(1) of the Administration Act 1969 application child of a de facto relationship child of a marriage Court section 3A de facto partner section 2 of the Property (Relationships) Act 1976 de facto relationship section 2 of the Property (Relationships) Act 1976 stepchild
a: who is not a child of the deceased, but is a child of—
i: the deceased's husband or wife; or
ii: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of; and
b: who was living at the date of the marriage of the husband or wife to the deceased or, as the case requires, when that de facto partner and the deceased started living in the de facto relationship.
5: Persons entitled to claim under Act
1: Section 3(1) paragraph (a)
aa: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death: .
2: Section 3(1) paragraph (e)
e: the parents of the deceased, though a parent of the deceased may not make a claim under this Act unless—
i: the parent was being maintained wholly or partly or was legally entitled to be maintained wholly or partly by the deceased immediately before his or her death; or
ii: at the date of the claim, no wife or husband of the deceased, and no de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of, and no child of a marriage or child of a de facto relationship of the deceased, is living.
6: Claims against estate of deceased person for maintenance
1: Section 4 subsection (1)
1: If any person (referred to in this Act as the deceased
1A: Subsection (1) Administration Act 1969 section 4A
2: Section 4(3) paragraph (a)
a: the person is—
i: the wife or husband of the deceased, or a de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death; or
ii: a child of a marriage or a child of a de facto relationship of the deceased, or a child of a marriage or a child of a de facto relationship of any such child; or .
7: New
section 4A The principal Act is amended by inserting, after section 4
4A: Restrictions on orders in favour of certain de facto partners
1: This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: The Court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless—
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice to the de facto partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
8: Consequential repeal
The Status of Children Act 1969 sections 2(1) 3(1)(e) 4(3)(a)
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DLM88521
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2001
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Crimes Amendment Act 2001
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1: Title
1: This Act is the Crimes Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
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: Dealing in slaves
1: Section 98(1) paragraphs (e) (f)
e: in any case not covered by paragraph (d)
f: builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e) .
2: Section 98(2) slave
4: New
section 149 The principal Act is amended by repealing section 149
149: Procuring for prostitution
Every one is liable to imprisonment for a term not exceeding 5 years who, for gain or reward, procures or agrees or offers to procure any person for the purposes of prostitution with any other person.
5: New
section 149A The principal Act is amended by inserting, after section 149
149A: Being client in act of prostitution by person under 18 years of age
1: Every one is liable to imprisonment for a term not exceeding 5 years who is a client in an act of prostitution by a person under the age of 18 years.
2: It is a defence to a charge under this section if the person charged believed on reasonable grounds that the prostitute was of or over the age of 18 years.
2: Amendment to Summary Proceedings Act 1957
6: Amendment to
Schedule 1 Summary Proceedings Act 1957 Part 1 Summary Proceedings Act 1957 section 149 Crimes Act 1961 149A Being client in act of prostitution by person under 18 years of age .
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DLM88540
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2001
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Public Audit Act 2001
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1: Title
This Act is the Public Audit Act 2001.
1: Preliminary
2: Commencement
This Act comes into force on 1 July 2001.
3: Purpose of this Act
The purpose of this Act is to—
a: establish the Controller and Auditor-General as an officer of Parliament; and
b: reform and restate the law relating to the audit of public sector organisations.
4: Interpretation
In this Act, unless the context otherwise requires,— appointed auditor section 32 section 33 appointed CRD assurance practitioner section 34A section 15B auditing and assurance standard section 5 Auditor-General section 7 sections 21 24 to 30 or appointed CRD assurance practitioner climate reporting entity section 461O Crown
a: means the Sovereign
b: includes all Ministers of the Crown and all departments; but
c: does not include—
i: an Office of Parliament; or
ii: a Crown entity; or
iii: a State enterprise named in Schedule 1 Crown entity section 2(1) department section 2(1) Deputy Auditor-General section 11 document
a: anything on which there is writing or any image; and
b: anything on which there are marks, figures, symbols, or perforations having a meaning for persons qualified to interpret them; and
c: anything from which sounds, images, or writing can be reproduced, with or without the aid of anything else employee section 16 entity financial reporting standard section 5 FMC reporting entity section 451 local authority section 5(1) office of Parliament section 2(1) public entity section 5 State enterprise section 2 subsidiary
a: means a subsidiary within the meaning of sections 5 to 8
b: includes an entity that is classified as a subsidiary in any relevant Section 4 appointed CRD assurance practitioner inserted 27 October 2024 section 49(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 approved financial reporting standard repealed 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 4 auditing and assurance standard replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 Auditor-General amended 27 October 2024 section 49(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 climate reporting entity inserted 27 October 2024 section 49(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4 Crown editorial change 15 August 2024 sections 86(1) 87(a) Legislation Act 2019 Section 4 department inserted 7 August 2020 section 135 Public Service Act 2020 Section 4 financial reporting standard replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 FMC reporting entity inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 issuer repealed 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 subsidiary amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011
5: Meaning of public entity
1: In this Act, public entity
a: the Crown:
b: each office of Parliament, except where another auditor has been appointed for that office under section 45F(1)(b)
c: an entity of a class described in Schedule 1
d: an entity listed in Schedule 2
e: an entity in respect of which the Auditor-General is the auditor under any other enactment (other than section 19
f: an entity which is controlled by 1 or more entities of the kinds referred to in paragraphs (a) to (e).
2: For the purposes of subsection (1)(f), an entity is controlled by 1 or more other entities if—
a: the entity is a subsidiary of any of those other entities; or
b: the other entity or entities together control the entity within the meaning of any relevant
c: the other entity or entities can together control directly or indirectly the composition of the board of the entity within the meaning of sections 7 8
3: Despite subsections (1) and (2), an entity is not a public entity if,—
a: but for this subsection, it would be a public entity only by virtue of the application of both subsection (1)(f) and subsection (2)(c); and
b: it is specifically referred to in an enactment (either by name or otherwise); and
c: that enactment expressly requires or permits its financial statements to be audited by a person other than the Auditor-General. Section 5(1)(b) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 5(2)(b) amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011
6: Act to bind the Crown
This Act binds the Crown.
2: Controller and Auditor-General and Deputy Controller and Auditor-General
Auditor-General
7: Controller and Auditor-General
1: There is an officer of Parliament called the Controller and Auditor-General.
2: The Controller and Auditor-General is appointed by the Governor-General on the recommendation of the House of Representatives.
8: Auditor-General to hold no other office
The Auditor-General is not capable of being a member of Parliament or of a local authority and must not, without the approval of the Speaker of the House of Representatives, hold any other office or take on any other occupation.
9: Duty to act independently
The Auditor-General must act independently in the exercise and performance of the Auditor-General’s functions, duties, and powers.
10: Corporate status
1: The Auditor-General is a corporation sole with perpetual succession and a seal of office.
2: The Auditor-General has and may exercise all the rights, powers, and privileges and incur all the liabilities and obligations of a body corporate of full capacity. Deputy Auditor-General
11: Deputy Controller and Auditor-General
1: There is an officer of Parliament called the Deputy Controller and Auditor-General.
2: The Deputy Controller and Auditor-General is appointed by the Governor-General on the recommendation of the House of Representatives.
3: Sections 8 9
12: Functions, duties, and powers of Deputy Auditor-General
1: The Deputy Auditor-General has and may exercise, to the same extent as the Auditor-General, all the functions, duties, and powers of the Auditor-General.
2: The exercise by the Deputy Auditor-General of the Auditor-General’s functions, duties, and powers is subject to the control of the Auditor-General.
3: If there is a vacancy in the office of the Auditor-General, or if the Auditor-General is absent from duty for any reason, the Deputy Auditor-General has and may exercise all the functions, duties, and powers of the Auditor-General for as long as the vacancy or absence continues.
4: The fact that the Deputy Auditor-General exercises any function, duty, or power of the Auditor-General is, in the absence of evidence to the contrary, conclusive evidence of the Deputy Auditor-General’s authority to do so. Administrative provisions
13: Administrative provisions applying to Auditor-General, Deputy Auditor-General, and Auditor-General’s employees
The provisions set out in Schedule 3
3: Audits and reports
Audits of public entities
14: Auditor of public entities
1: The Auditor-General is the auditor of every public entity.
2: Nothing in sections 15 to 19
15: Financial report audit
1: The Auditor-General must from time to time audit the financial statements, accounts, and other information that a public entity is required to have audited.
2: In the case of an audit of a department (within the meaning of section 2(1)
3: In the case of an audit of an FMC reporting entity
4: If another enactment that would otherwise apply to a public entity (other than an FMC reporting entity) requires an audit of the public entity or the audit report (or both) to comply with auditing and assurance standards, that requirement does not apply in relation to the public entity. Section 15(2) added 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 15(3) added 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 15(3) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15(4) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
15A: Auditor-General may ask for quality review in respect of audits of
FMC reporting entities
1: The Auditor-General may ask the Financial Markets Authority to arrange for a quality review to be carried out of the systems, policies, and procedures applying to the employees of the Auditor-General who assist in the carrying out of audits of FMC reporting entities
2: The purpose of a quality review under this section is to provide the Auditor-General with advice on whether those systems, policies, and procedures are satisfactory in terms of—
a: promoting, in relation to audits of FMC reporting entities
b: otherwise promoting reasonable care, diligence, and skill in the carrying out of those audits.
3: The Auditor-General must take reasonable steps to ensure that the period between quality reviews carried out under this section does not exceed 4 years.
4: The Financial Markets Authority may—
a: prepare a report on a quality review carried out under this section; and
b: include recommendations in the report.
5: The Auditor-General must have regard to a report prepared under subsection (4) (but is not required to comply with any recommendations). Section 15A inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 15A heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15A(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15A(2)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
15B: CRD assurance practitioner for public entities
1: The Auditor-General is, and must from time to time act as, the CRD assurance practitioner for an assurance engagement required for the purposes of Part 7A
2: In carrying out an assurance engagement under subsection (1), the Auditor-General must (at a minimum) comply with the auditing and assurance standards that apply to the assurance engagement. Section 15B inserted 27 October 2024 section 50 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
16: Performance audit
1: The Auditor-General may at any time examine—
a: the extent to which a public entity is carrying out its activities effectively and efficiently:
b: a public entity’s compliance with its statutory obligations:
c: any act or omission of a public entity, in order to determine whether waste has resulted or may have resulted or may result:
d: any act or omission showing or appearing to show a lack of probity or financial prudence by a public entity or 1 or more of its members, office holders, and employees.
2: An audit under this section may relate to 1 or more public entities.
3: Subsection (1)(a) does not apply to any registered bank (as defined in section 2(1)
4: If subsection (1)(a) applies and there is an applicable government or local authority policy to which the public entity is required to adhere, the examination is to be limited to the extent to which activities are being carried out effectively and efficiently in a manner consistent with that policy. Section 16(3) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
17: Other auditing services
The Auditor-General may, with the agreement of a public entity, perform for that entity any services of a kind that it is reasonable and appropriate for an auditor to perform.
18: Inquiries by Auditor-General
1: The Auditor-General may inquire, either on request or on the Auditor-General’s own initiative, into any matter concerning a public entity’s use of its resources.
2: Subsection (1) does not apply to any registered bank (as defined in section 2(1)
3: If subsection (1) applies and there is an applicable government or local authority policy to which the public entity is required to adhere, the inquiry is to be limited to the extent to which the public entity is using its resources in a manner consistent with that policy. Section 18(2) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Audits of other entities
19: Auditor of other entities
1: At the request of an entity that is not a public entity, the Auditor-General may enter into an arrangement with that entity to be its auditor.
2: Before entering into an arrangement, the Auditor-General must be satisfied that—
a: the entity exists for a public purpose; and
b: the entity is, or ought reasonably to be, accountable to any or all of the Crown, the House of Representatives, the public, or a section of the public for the exercise of its functions and the management of its resources; and
c: it is not practicable for those to whom the entity is, or ought reasonably to be, accountable to appoint an auditor of the entity; and
d: it is practicable and in the public interest that the Auditor-General accepts the appointment.
3: An arrangement may be for any term not exceeding 3 years and may be renewed from time to time.
4: The following sections and Parts apply to an entity audited by arrangement as if references in those sections to a public entity were references to the entity and with any other necessary modifications:
a: section 15
b: section 17
c: section 21
d: section 23
e: Part 4
f: Part 5
g: section 41
h: section 42 Reports
20: Reports to House of Representatives
In addition to the annual report prepared under section 37
21: Reports to Minister, committees, etc
The Auditor-General may report to a Minister, a committee of the House of Representatives, a public entity, or any person on any matter arising out of the performance and exercise of the Auditor-General’s functions, duties, and powers that the Auditor-General considers it desirable to report on.
22: Publication of Auditor-General’s report relating to public entity named or described in Local Government Official Information and Meetings Act 1987
If the Auditor-General has prepared a report under section 20 section 21 Schedules 1 2
a: the Auditor-General may direct the public entity to table the report during a meeting of the public entity that is open to the public; and
b: the public entity must do so at the next such meeting.
23: Publication of auditing standards
1: The Auditor-General must publish, by way of a report to the House of Representatives, the auditing standards that the Auditor-General applies, or intends to apply, to the conduct of audits and inquiries, and the provision of other auditing services, under this Part.
2: A report under subsection (1) must be prepared at least once every 3 years.
3: If requested to do so by any person, the Auditor-General must supply a copy of any report under subsection (1) to that person on payment by that person of a reasonable fee determined by the Auditor-General.
4: In each annual report prepared under section 37
5: A report under subsection (1) and an annual report prepared under section 37 Section 23(5) added 1 July 2011 section 12 Financial Reporting Amendment Act 2011
4: Information-gathering powers and disclosure of information
24: Access to information
The chief executive and the governing body of a public entity must ensure that the Auditor-General has access at all times to the documents of the entity relating to the performance and exercise of the Auditor-General’s functions, duties, and powers.
25: Power of Auditor-General to obtain information
1: For the purposes of exercising or performing the Auditor-General’s functions, duties, or powers, the Auditor-General may require a public entity or any person to:
a: produce to the Auditor-General a document in the entity’s or person’s custody, care, or control:
b: provide the Auditor-General with information or an explanation about any information.
2: If any information is required from a person who is not a member, employee, or office holder of the public entity, the Auditor-General must—
a: advise the person in writing of the nature of the information; and
b: state that it is required under this section; and
c: if the person is an individual and the information required is personal information about that individual, comply with information privacy principle 3 set out in section 22
3: The Auditor-General may pay the person referred to in subsection (2) the reasonable costs and disbursements of providing the information and may recover those costs and disbursements from the public entity to which the information relates. Section 25(2)(c) amended 1 December 2020 section 217 Privacy Act 2020
26: Power to examine on oath
1: The Auditor-General may, in the course of the exercise or performance of the Auditor-General’s functions, duties, or powers, require a person to give evidence.
2: The Auditor-General may require the evidence to be given either orally or in writing.
3: For the purpose of examining a person, the Auditor-General may administer an oath.
4: Section 108
5: The Auditor-General may pay a person the reasonable costs and expenses incurred by that person in giving evidence to the Auditor-General.
6: The Auditor-General may recover those costs and expenses from the public entity to which the evidence relates.
27: Power to inspect bank accounts
1: For the purpose of exercising or performing the Auditor-General’s functions, duties, or powers, the Auditor-General may examine or audit the account of any person in any bank and, for that purpose, may—
a: require any officer of the bank to produce any document or provide any information relating to that account in the bank’s custody, care, or control; and
b: take copies of any document so produced.
2: The powers conferred on the Auditor-General by subsection (1) must not be exercised unless the Auditor-General is authorised to do so by warrant issued by a District Court Judge on the grounds that the Auditor-General has reason to believe that money belonging to a public entity has been fraudulently or wrongfully paid into the person’s account.
28: Protection for persons supplying information
1: A person who is required by any enactment to maintain secrecy or not to disclose information relating to a matter may be required by the Auditor-General to do any of the things referred to in sections 25 26 27
2: Compliance with a requirement of the Auditor-General under the sections referred to in subsection (1) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed.
29: Access to premises
For the purpose of obtaining documents, information, or other evidence relevant to any matter arising in the exercise or performance of the Auditor-General’s functions, duties, or powers, the Auditor-General may, at all reasonable times,—
a: enter into and remain on—
i: a public entity’s premises; or
ii: any other premises if so authorised by warrant issued by a District Court Judge on the grounds that there is reasonable cause to suspect that documents, information, or other evidence relating to the activities of that public entity are or may be held at those premises:
b: carry out a search for a document, examine a document, and make copies of a document or parts of a document.
30: Disclosure by Auditor-General
1: This section applies to the disclosure of information by the Auditor-General.
2: The Auditor-General may disclose such information as the Auditor-General considers appropriate to disclose in the exercise of his or her functions, duties, or powers.
3: Before disclosing any information, the Auditor-General must consider—
a: the public interest:
b: an auditor’s professional obligations concerning confidentiality of information:
c: the interests described in sections 6 7 9(2)
4: Section 30(4) repealed 1 December 2020 section 217 Privacy Act 2020
31: Self-incrimination
1: A person is not excused from answering a question or giving any information or document under this Act on the ground that to do so may incriminate or tend to incriminate that person.
2: A self-incriminating statement or document made or given under this Act is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 108 section 39(1)(c)
5: Appointments and delegations
Appointment of auditors
32: Appointment of auditors for financial report audit
1: The Auditor-General may from time to time appoint any of the following persons or bodies to act as an auditor and to carry out 1 or more audits of entities under section 15 section 17
a: an employee of the Auditor-General:
b: a person qualified to be an auditor of an entity under section 36(1) and (4)
c: a partnership, if all or some of the partners are persons who are qualified to be appointed as auditors of an entity under section 36(1) and (4)
1A: The Auditor-General must, before appointing a person to act as the auditor of an FMC reporting entity
a: is a natural person who—
i: meets the prescribed minimum standards for the issue of a licence prescribed under subpart 3
ii: has the competence, qualifications, and experience that are equivalent to, or as satisfactory as, those standards; or
b: is a body corporate that is a registered audit firm (within the meaning of the Auditor Regulation Act 2011
1B: The Auditor-General must, before appointing a partnership to act as the auditor of an FMC reporting entity
a: meets the prescribed minimum standards for the registration of an audit firm prescribed under subpart 3
b: meets other requirements that are equivalent to, or as satisfactory as, those standards.
1C: Subsections (1A) and (1B) apply only after the relevant minimum standards have been prescribed under subpart 3
2: If a partnership is appointed under subsection (1)(c),—
a: the appointment of the partnership is to be treated as an appointment of all the persons who are partners in the firm from time to time; and
b: if the partnership includes persons who are not qualified to be appointed as auditors of an entity under section 36(1) and (4)
3: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit. Section 32(1)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1)(c) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1A) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(1A) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1A)(a) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 32(1A)(b) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 32(1B) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(1B) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 32(1C) inserted 1 July 2012 section 82 Auditor Regulation Act 2011 Section 32(2)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
33: Appointment of auditors for performance audit or inquiries
1: The Auditor-General may from time to time appoint to carry out 1 or more performance audits under section 16 section 18
2: An appointment may be made for 1 or more public entities and for any period of time.
3: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit.
34: Powers of appointed auditor
When appointing an auditor under section 32 section 33
a: report under section 21
b: have access to information under section 24
c: require a public entity or other person to produce a document or to provide information under section 25
d: inspect bank accounts under section 27
e: apply section 28
f: exercise the powers under section 29
g: disclose information under section 30
34A: Appointment of CRD assurance practitioners
1: The Auditor-General may from time to time appoint any of the following to act as a CRD assurance practitioner and to carry out, under section 15B Part 7A
a: an employee of the Auditor-General:
b: a person who, under section 461ZH(2)
2: An appointment must be in writing and may be made subject to any restrictions and conditions that the Auditor-General thinks fit.
3: The Auditor-General may authorise an appointed CRD assurance practitioner to exercise such of the powers listed in section 34 Section 34A inserted 27 October 2024 section 51 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Delegations
35: Delegation of powers
1: The Auditor-General may from time to time, either generally or particularly, delegate all or any of the Auditor-General’s functions, duties, and powers (including this power of delegation) to an employee of the Auditor-General.
2: However, the Auditor-General must not delegate—
a: the power of appointment of auditors under section 32 section 33
aa: the power of appointment of CRD assurance practitioners under section 34A
b: the function of reporting to the House of Representatives; or
c: the power to require the tabling of a public report by a local authority.
3: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the Auditor-General thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a duty, function, or power by the Auditor-General.
4: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
5: A person purporting to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. Section 35(2)(aa) inserted 27 October 2024 section 52 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
6: Accountability
36: Annual plan of Auditor-General
1: At least 60 days before the beginning of each financial year, the Auditor-General must prepare and submit to the Speaker of the House of Representatives a draft annual plan that—
a: describes the Auditor-General’s proposed work programme for that year; and
b:
2: The Speaker must present the draft annual plan to the House of Representatives as soon as reasonably practicable.
3: The Auditor-General, after considering any comments of the Speaker or any committee of the House of Representatives that considered the draft annual plan, may amend the plan as the Auditor-General thinks necessary but must indicate in the plan the nature of any changes to the Auditor-General’s work programme priorities requested by the Speaker or any committee of the House of Representatives but not included in the plan.
4: The Auditor-General must present a completed annual plan to the Speaker before the beginning of each financial year and the Speaker must then present it to the House of Representatives.
5: Section 36(1)(b) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 36(5) repealed 18 July 2013 section 57 Public Finance Amendment Act 2013
37: Annual report of Auditor-General
1: As soon as practicable after the end of each financial year, the Auditor-General must prepare and present an annual report to the House of Representatives in accordance with section 43
2: The report must include—
a:
b: an account of the implementation of the annual plan required under section 36
c: a list of entities audited by the Auditor-General under an arrangement in accordance with section 19 Section 37(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 37(2)(a) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004
38: Independent auditor to audit Auditor-General
1: The House of Representatives must, by resolution, in respect of each financial year appoint an independent auditor to audit the financial statements, accounts, and other information relating to that year and for this purpose the Auditor-General is to be regarded as a public entity under this Act.
2: Parts 3 section 23 4 section 42
7: Miscellaneous provisions
39: Offences
1: Every person commits an offence who, without lawful justification or excuse,—
a: intentionally obstructs, hinders, or resists the Auditor-General or any other person in the exercise of the Auditor-General’s or other person’s powers under this Act:
b: intentionally refuses or fails to comply with any lawful requirement of the Auditor-General or any other person under this Act:
c: makes a statement or gives information to the Auditor-General or any other person exercising powers under this Act, knowing that the statement or information is false or misleading:
d: represents directly or indirectly that the person holds any authority under this Act when that person knowingly does not hold that authority.
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to a fine not exceeding $2,000:
b: in the case of a person or organisation other than an individual, to a fine not exceeding $5,000. Section 39(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Time for commencing proceedings
1: Despite anything to the contrary in section 25
2: Despite the Criminal Procedure Act 2011 Section 40(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Protection from liability
1: This section applies to—
a: the Auditor-General in his or her personal capacity; and
b: the Deputy Auditor-General in his or her personal capacity; and
c: every person employed by the Auditor-General, whether acting as an appointed auditor or an appointed CRD assurance practitioner or neither
2: No person to whom this section applies is personally liable for an act or omission in connection with performing or exercising a function, duty, or power under this Act, unless the act or omission was done in bad faith.
3: Subsection (2) does not limit any disciplinary functions, powers, or duties of any person or body that apply to any of the persons to whom this section applies by virtue of their membership of a professional body. Section 41(1)(c) amended 27 October 2024 section 53 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
42: Audit fees
1: The Auditor-General may charge fees to a public entity for the provision of services under any of sections 14 15 15B 16 17
2: The fees must be reasonable, having regard to—
a: the nature and extent of the services provided; and
b: the requirements of auditing standards published under section 23
c: the qualifications and experience of the persons necessarily engaged in providing the services; and
d: any other matters the Auditor-General thinks fit.
3: The Auditor-General may permit an appointed auditor or an appointed CRD assurance practitioner
4: The public entity must pay any fees to the Auditor-General, or to the appointed auditor or the appointed CRD assurance practitioner, on the completion of the whole or any part of the audit or assurance engagement when requested in writing to do so.
5: If the Auditor-General and the public entity fail to agree as to the reasonableness of a fee, the matter must be submitted to arbitration and the provisions of the Arbitration Act 1996 Section 42(1) amended 27 October 2024 section 54(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 42(3) amended 27 October 2024 section 54(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 42(4) replaced 27 October 2024 section 54(3) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
43: Exemption from income tax
For the purposes of sections CW 38 CW 39 Section 43 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
44: Amendments to Schedule 2
1: The Governor-General may from time to time, by Order in Council on the recommendation of the Minister of Finance, amend Schedule 2
a: by adding the name of an entity that is to be a public entity; or
b: by omitting the name of an entity that no longer exists; or
c: by correcting the name of an entity.
2: The Minister of Finance must not recommend the addition of the name of an entity to Schedule 2 paragraphs (a) to (d) of section 19(2)
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Amendments, repeals, revocations, and savings
Amendments to Local Government Act 1974
45: Returns of expenditure
Section 45 repealed 1 July 2003 section 266 Local Government Act 2002
46: Assessment of tax
Amendment(s) incorporated in the Act(s)
47: Failure to comply with financial reporting requirements
Section 47 repealed 1 July 2003 section 266 Local Government Act 2002
48: Person carrying on transport or ferry service may sell undertaking to territorial authority
Section 48 repealed 1 July 2003 section 266 Local Government Act 2002
49: New section 594ZC substituted
Section 49 repealed 1 July 2003 section 266 Local Government Act 2002
50: New heading and sections 706A to 706C inserted
Section 50 repealed 1 July 2003 section 266 Local Government Act 2002
51: Infrastructure Auckland to be local authority for certain purposes
Section 51 repealed 1 July 2004 section 48(1)(c) Local Government (Auckland) Amendment Act 2004 Consequential amendments
52: References to Audit Department and Audit Office
Every reference to the Audit Department or the Audit Office in any enactment is to be read as a reference to the Auditor-General.
53: Consequential amendments to enactments
The enactments listed in Schedule 4 Consequential repeals and revocation
54: Consequential repeals and revocation
1: The following enactments are repealed:
a: Public Finance Act 1977
b: Public Finance Amendment Act 1994
2: The Public Finance (Poutama Trust Audit) Order 1990
9: Transitional provisions
Continuation of offices
55: Controller and Auditor-General and Deputy Controller and Auditor-General
Despite the enactment of this Act, each of the persons holding office as Controller and Auditor-General or Deputy Controller and Auditor-General immediately before the commencement of this Act continues, after that commencement, to hold office on the same terms and conditions as those on which they held office before that commencement. Audit Department
56: Audit Department
The Audit Department is abolished.
57: Transfer of Crown assets and liabilities to Auditor-General
1: Despite any Act, rule of law, deed, or agreement, and for such consideration and on such terms and conditions as the Minister of Finance may agree with the Auditor-General, that Minister may, on behalf of the Crown,—
a: transfer to the Auditor-General assets and liabilities of the Crown; and
b: authorise the Auditor-General to act on behalf of the Crown in managing assets or liabilities of the Crown; and
c: grant to the Auditor-General leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown.
2: The Minister of Finance must present to the House of Representatives any contract or other document entered into under subsection (1) within 12 sitting days after the date of that contract or document.
58: Rights and liabilities of the Crown and third parties following transfer or grant
1: If there is a transfer or grant of any asset, liability, authority, or rights to the Auditor-General under any of paragraphs (a) to (c) of section 57(1)
a: the transfer or grant does not entitle any other person to terminate, alter, or in any way affect the rights or liabilities of the Crown or the Auditor-General under any Act or any deed or agreement:
b: if the transfer or grant is registrable, the person responsible for keeping the register must register the transfer or grant immediately after written notice of the transfer or grant is received by that person from any person authorised for this purpose by the Minister of Finance:
c: the presentation to the House of Representatives of any contract or other document relating to the transfer or grant is to be treated as notice of the transfer or grant and, after the date of the contract or document, any affected third party is to deal with the Auditor-General in place of the Crown:
d: the Crown remains liable to any third party as if the transfer or grant had not been made, but the Auditor-General must indemnify the Crown in respect of any liability to the third party:
e: any satisfaction or performance by the Auditor-General in respect of the asset, liability, authority, or rights is to be treated as also satisfaction or performance by the Crown:
f: any satisfaction or performance in respect of the asset or liability, authority, or rights by any third party to the benefit of the Auditor-General is to be treated as also to the benefit of the Crown.
2: No provision in any deed or agreement limiting the Crown’s right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, has any application or effect in respect of any contract or other document or transfer entered into or effected under this Act or under such a contract or other document or transfer.
3: Any asset, liability, authority, or rights of the Crown may be transferred or granted to the Auditor-General under this Act whether or not any Act or deed or agreement relating to the asset, liability, authority, or rights permits such transfer or grant or requires any consent to such a transfer or grant. Employees in Audit Department to be employees of Auditor-General
59: Transitional provisions in respect of employees of Audit Department
Every person employed in the Audit Department immediately before the date of commencement of this Act is, on and from that date, an employee of the Auditor-General and is employed under the same terms and conditions as applied to that employee immediately before that date.
60: Protection of conditions of employment
For the purposes of every enactment, law, contract, and agreement relating to the employment of a person referred to in section 59
a: the contract of employment of that employee that applied immediately before the commencement of this Act in respect of that person’s employment in the Audit Department is to be treated as unbroken; and
b: the employee’s period of service with the Audit Department and every other period of service of that employee that was recognised by the Audit Department as continuous service is to be treated as a period of service with the Auditor-General.
61: No compensation for technical redundancy
A person to whom section 59
62: Membership of Government Superannuation Fund
If a person to whom section 59 Government Superannuation Fund Act 1956
a: that person is to be regarded for the purposes of the Government Superannuation Fund Act 1956
b: the Government Superannuation Fund Act 1956 Transitional audits
63: Audits for financial years ending before commencement of Act
Nothing in this Act—
a: limits or affects any duty or power that the Auditor-General had before the date of commencement of this Act to undertake and complete an audit of an entity for any financial year ending before that date; or
b: requires the Auditor-General to undertake or complete an audit of an entity for any financial year ending before that date if the Auditor-General was not the auditor of the entity before that date.
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DLM89676
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2001
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Te Ture Whenua Maori Amendment Act 2001
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1: Title
1: This Act is both—
a: Te Ture Whenua Maori Amendment Act 2001; and
b: the Maori Land Amendment Act 2001.
2: In this Act, Te Ture Whenua Maori Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation of English terms
1: Section 4 paragraph (c)(iv) alienation years (including any term or terms of renewal)
2: Section 4 order order
a: means—
i: an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and
ii: an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1)
iii: an order made by the Chief Judge under section 44
b: includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii) .
4: New
section 24A The principal Act is amended by inserting, after section 24
24A: Powers of Court under
Contracts (Privity) Act 1982 Contractual Remedies Act 1979
1: Subject to subsection (2)
a: by the Contracts (Privity) Act 1982
b: by any of the provisions of sections 4, 7(6), 7(7), and 9 of the Contractual Remedies Act 1979
2: A power conferred on the Court by subsection (1) section 7(1) of the Contracts (Privity) Act 1982 section 7(6) or section 9 of the Contractual Remedies Act 1979 section 18(1)(d) of this Act
5: Power of Court to make order to restore effect of lost instruments of alienation
Section 25 subsection (3)
3: Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—
a: any person or persons claiming under the instrument; or
b: any other person or persons claiming under or through the person or persons specified in paragraph (a)
6: New section 30A inserted
Section 6 repealed 1 July 2002 59(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002
7: Chief Judge may correct mistakes and omissions
1: Section 44(1) the Court or a Registrar (including an order made by a Registrar before the commencement of this Act)
2: Section 44(4) Part V Part VI
8: Appointment of receiver to enforce charges, etc
Section 83(6) years (including any term or terms of renewal)
9: Court not to grant confirmation unless satisfied of certain matters
Section 152(1)(g) longer (including any term or terms of renewal)
10: New
section 228
1: The principal Act is amended by repealing section 228
228: Trustees' powers of alienation
1: Despite anything in the trust order, but subject to subsection (2) section 243(7) section 6 of the Maori Affairs Amendment Act 1967
a: at least three-quarters of the owners, where no owner has a defined share in the land; or
b: the persons who together own at least 75% of the beneficial freehold interest in the land.
2: Subsection (1) and section 147(2)
3: Every alienation of any land (being Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967 Part VIII
2: Section 13 Te Ture Whenua Maori Amendment Act 1994
11: Acquisition of land by trustees
Section 243(7) land, (other than Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967
12: Incorporation's powers of alienation
Section 254(1)(a)(ii) years (including any term or terms of renewal)
13: Certain instruments require noting by Registrar
Section 255(b)(i) years (including any term or terms of renewal)
14: Disposal of land on winding up of incorporation
Section 283(2 years (including any term or terms of renewal)
15: Aggregation orders
1: Section 308(4) The Subject to subsection (5)
2: Section 308
5: Despite subsection (4) subsections (6) and (7) section 293
6: Where land that will be affected by the cancellation of an aggregation order is—
a: land in respect of which a trust is constituted under Part XII
b: land vested in a Maori incorporation,— the Court may not exercise the power conferred on the Court by subsection (5)
7: The Court may not, under section 293(1) subsection (5)
16: Maori reservations for communal purposes
1: Section 338(12) years (including any term or terms of renewal)
2: Section 338(14) years (including any term or terms of renewal)
17: Maori reservations for communal purposes
1: Section 338(8) in accordance with , and be subject to,
2: Section 338 subsection (17)
17: Where any Maori reservation (set apart under any Act repealed by this Act or the corresponding provisions of any former Act) is subsisting at the commencement of this Act, this Act, and any regulations made under this Act, have effect,—
a: in relation to the Maori reservation, as if it were a Maori reservation set apart under this section; and
b: in relation to any vesting order made in respect of the Maori reservation (under any Act repealed by this Act or the corresponding provisions of any former Act), as if that vesting order were a vesting order made under this section.
18: New
section 338A The principal Act is amended by inserting, after section 338
338A: Regulations relating to trustees of Maori reservations
1: Regulations made under section 338(15)
a: specify—
i: terms for which those trustees or any of them are to be appointed:
ii: circumstances in which those trustees or any of them cease to hold office:
iii: circumstances in which those trustees or any of them may be removed from office by the Court:
iv: powers, authorities, and discretions that may be exercised by those trustees (in addition to those conferred on them by this Act) and the manner in which those trustees or any of them may exercise their powers, authorities, and discretions (including those conferred on them by this Act or the Trustee Act 1956
v: powers, authorities, and discretions conferred by the Trustee Act 1956
vi: conditions that must be complied with by those trustees:
b: authorise the Court to exercise in relation to those trustees (but not to the exclusion of the High Court) any of the powers and authorities conferred on the High Court by the Trustee Act 1956
2: Nothing in subsection (1)
a: the powers of the Court under section 338(8)
b: the generality of section 338(15)
19: Maori Reservations Regulations 1994
1: Subject to subsections (2) to (4) Maori Reservations Regulations 1994
2: Regulation 3 Maori Reservations Regulations 1994 paragraph (d)
3: Despite subsection (2)
a: the action of any person, in vacating office before the commencement of this Act, in accordance with regulation 3(d) Maori Reservations Regulations 1994
b: the action of any person, in declining to vacate office in accordance with regulation 3(d) Maori Reservations Regulations 1994
c: the action of the Court, in appointing any person as a trustee of a Maori reservation in the place of a person who has, before the commencement of this Act, vacated office in accordance with regulation 3(d) Maori Reservations Regulations 1994
4: Despite subsections (2) (3) regulation 3(d) Maori Reservations Regulations 1994
a: to be reinstated in office; or
b: to receive any compensation for loss of office by reason of his or her vacation of office in accordance with regulation 3(d)
|
DLM90107
|
2001
|
Maori Purposes Act 1991 Amendment Act 2001
|
1: Title
1: This Act is the Maori Purposes Act 1991 Amendment Act 2001.
2: In this Act, the Maori Purposes Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Wi Pere Trust
1: Section 2 subsection (6)
6A: Despite subsection (5) subsection (7) or subsection (8)
a: the trustee is reappointed; or
b: a successor to the trustee is appointed.
2: Section 2(6A) subsection (1)
|
DLM90116
|
2001
|
Maori Purposes Fund Amendment Act 2001
|
1: Title
1: This Act is the Maori Purposes Fund Amendment Act 2001.
2: In this Act, the Maori Purposes Fund Act 1934-35 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Maori Purposes Fund Board established
Section 7(2) paragraph (c)
c: the members of Parliament for the Maori electoral districts: .
|
DLM90125
|
2001
|
Maori Soldiers Trust Amendment Act 2001
|
1: Title
1: This Act is the Maori Soldiers Trust Amendment Act 2001.
2: In this Act, the Maori Soldiers Trust Act 1957 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 5A The principal Act is amended by inserting, after section 5
5A: Investment otherwise than in Maori Trustee's Common Fund
1: Despite sections 4 and 5 section 24 of the Maori Trustee Act 1953
2: The care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others must be exercised—
a: by the Trust Committee in giving directions under section 24 of the Maori Trustee Act 1953
b: subject to directions given by the Trust Committee, by the Maori Trustee in investing money held for the purposes of the Trust.
|
DLM90135
|
2001
|
Maori Purposes Act 1993 Amendment Act 2001
|
1: Title
1: This Act is the Maori Purposes Act 1993 Amendment Act 2001.
2: In this Act, the Maori Purposes Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
In this Act, unless the context otherwise requires,— specified mana contract Te Runanga section 4 Te Runanga o Ngati Whatua Act 1988 Trust Board section 4 of the Orakei Block (Vesting and Use) Act 1978 section 6A Maori Trust Boards Act 1955
4: Te Runanga o Ngati Whatua deemed to be mana authority in place of Ngati Whatua o Orakei Maori Trust Board
For the purposes of the principal Act, Te Runanga is, and has always been, a mana authority in place of the Trust Board as if Te Runanga and not the Trust Board were and had always been the party to the specified mana contract.
5: Application of
sections 5 to 12 Sections 5 to 12 section 4(1) sections 5 to 7
|
DLM90152
|
2001
|
Shop Trading Hours Act Repeal Amendment Act 2001
|
1: Title
1: This Act is the Shop Trading Hours Act Repeal Amendment Act 2001.
2: In this Act, the Shop Trading Hours Act Repeal Act 1990 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day
Section 3(1) section 4 sections 4 and 4A
4: New
section 4A The principal Act is amended by inserting, after section 4
4A: Garden centres may remain open on Easter Sunday
Section 3(1)
5: New
section 7A The principal Act is amended by inserting, after section 7
7A: Further consequential protection for certain workers
1: An employment agreement entered into or made before, on, or after the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 must not be interpreted as requiring a person who is a shop worker in a shop to which section 4A
2: Subsection (1) section 4
3: In this section,— employment agreement section 5 of the Employment Relations Act 2000 shop worker section 7(1)
6: Effect of certain provisions in leases, etc
Section 8 subsection (2)
2A: A mandatory opening provision in a lease, licence, contract, covenant, or agreement entered into, or made before, the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 must not be interpreted as requiring a shop to which section 4A
2B: Subsection (2A) section 4
7: Prosecutions
Section 9 subsection (2)
2: Every prosecution under section 5
|
DLM90194
|
2001
|
Companies (Registration of Charges) Amendment Act 2001
|
1: Title
1: This Act is the Companies (Registration of Charges) Amendment Act 2001.
2: In this Act, the Companies (Registration of Charges) Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Savings
Section 6(1) of the principal Act , and may be amended as if they had not been repealed.
|
DLM90171
|
2001
|
Companies Act 1993 Amendment Act 2001
|
1: Title
1: This Act is the Companies Act 1993 Amendment Act 2001.
2: In this Act, the Companies Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Rights and powers attaching to shares
Section 36(2) section 44 or section 107(2)
4: New
section 40 The principal Act is amended by repealing section 40
40: Contracts for issue of shares
A contract or deed under which a company is or may be required to issue shares, whether on the exercise of an option or on the conversion of securities or otherwise, is an illegal contract for the purposes of the Illegal Contracts Act 1970
a: the board is entitled to issue the shares; and
b: either—
i: the board has complied with section 47 or section 49
ii: all entitled persons agree or concur with the issue of the shares under section 107(2)
iii: the contract or deed expressly provides that the contract or deed is subject to—
A: the board complying with section 47 or section 49
B: all entitled persons agreeing to or concurring with the issue of the shares under section 107(2)
5: Transfer of shares under approved system
Section 85(1) paragraph (c)
c: either—
i: the Act or the constitution expressly permits the board to refuse or delay registration for the reasons stated; or
ii: any identification number assigned to the shares or issued to the holder of the shares under a system of transfer approved under section 7 of the Securities Transfer Act 1991
6: Share certificates
Section 95(2) of this section or subsection (5)
7: Unanimous assent to certain types of action
Section 107(1)(c) 58 59
8: Resolution in lieu of meeting
Section 122(3A) For the purposes of subsection (2) Any resolution in writing under this section
9: Meaning of director
Section 126(1) paragraphs (b) (c) and 301 of this Act 301, 383, and 385
10: Major transactions
Section 129(2A) paragraph paragraph (b)
11: Disclosure of interest
Section 140(2) or and, if the company has more than 1 director,
12: New
section 258A The principal Act is amended by inserting, after section 258
258A: Duty to notify suspected offences
1: A liquidator of a company who considers that an offence that is material to the liquidation has been committed by the company or any director of the company against this Act or any of the following Acts must report that fact to the Registrar:
a: the Companies Act 1955
b: the Crimes Act 1961
c: the Securities Act 1978
d: the Financial Reporting Act 1993
e: the Takeovers Act 1993
2: A report made under subsection (1)
3: A liquidator who fails to comply with subsection (1) section 373(2)
13: Power to obtain documents and information
Section 261 subsection (6)
6A: A person who fails to comply with a notice given under this section commits an offence and is liable on conviction to the penalty set out in section 373(3)
14: Penalty for failure to comply with Act
1: Section 373(2) paragraph (m)
ma: section 258A(2) .
2: Section 373(3) paragraphs (a) (b)
a: section 261(6A)
b: section 273(2)
c: section 274(2)
15: Registrar may prohibit persons from managing companies
Section 385 subsection (5)
5: The Registrar must not exercise the power conferred by subsection (3)
a: not less than 10 working days' notice of the fact that the Registrar intends to consider the exercise of it is given to the person; and
b: the Registrar considers any representations made by the person.
|
DLM90703
|
2001
|
Fair Trading Amendment Act 2001
|
1: Title
1: This Act is the Fair Trading Amendment Act 2001.
2: In this Act, the Fair Trading Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
3: Other orders
Section 43 subsection (5)
5: An application under subsection (1)
4: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought which were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.
|
DLM90713
|
2001
|
Financial Reporting Amendment Act 2001
|
1: Title
1: This Act is the Financial Reporting Amendment Act 2001.
2: In this Act, the Financial Reporting Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Obligation to prepare group financial statements
Section 13(2) comprise a reporting entity that is
4: Registration of financial statements by issuers
Section 18 subsection (3)
3: Any person may, on payment of the prescribed fee (if any), inspect the copies of an issuer's financial statements and auditor's report on those statements delivered to the Registrar under subsection (1)
5: Fees
Section 20(a) 18(2) or section 18(3)
6: Consultation
1: Section 26 subsection (1)
1A: The Board must not approve a financial reporting standard, or an amendment to an approved financial reporting standard, that is likely to require the disclosure of personal information unless—
a: the Board is satisfied that,—
i: in the case of a standard or amendment based on a standard or amendment adopted by the Institute of Chartered Accountants of New Zealand or the organisation or person by whom it was submitted to the Board, the Institute or organisation or person, as the case may be, consulted with the Privacy Commissioner before the standard or amendment was adopted; or
ii: in the case of a standard or amendment based on a standard or amendment that was not adopted by the Institute of Chartered Accountants of New Zealand or organisation or person by whom it was submitted to the Board, the Institute or organisation or person, as the case may be, consulted with the Privacy Commissioner before the standard or amendment was submitted to the Board; or
b: the Board has consulted with the Privacy Commissioner.
2: Section 26(2) of this section shall or subsection (1A)
3: Section 26
3: In subsection (1A) personal information Privacy Commissioner section 2 of the Privacy Act 1993
7: New
section 33 The principal Act is amended by repealing section 33
33: Disallowance of determinations by House of Representatives
The Regulations (Disallowance) Act 1989
a: any approval of a financial reporting standard and any amendment to an approved financial reporting standard:
b: any revocation of an approval of an approved financial reporting standard:
c: any determination made under section 27(3A)
8: Offences by directors of issuers
Section 38
a: by omitting from paragraph (b) section 18(1) of this Act section 18(1)
b: by repealing paragraph (c)
9: New
section 42A The principal Act is amended by inserting, after section 42
42A: Privacy Act 1993 The disclosure of personal information (as defined in section 2 of the Privacy Act 1993 principle 10 or principle 11 of that Act
|
DLM90732
|
2001
|
Insolvency Amendment Act 2001
|
1: Title
1: This Act is the Insolvency Amendment Act 2001.
2: In this Act, the Insolvency Act 1967 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
sections 45 to 45B The principal Act is amended by repealing section 45
45: Assignee may require bankrupt to contribute towards payment of debts
1: A bankrupt must pay any amount, or make periodic payments, to the Assignee as required by the Assignee during the bankruptcy.
2: The Assignee may impose conditions in respect of those payments.
3: Before the Assignee may require the bankrupt to make those payments, the Assignee must—
a: have regard to all the circumstances of the bankruptcy and the bankrupt's conduct, earning power, responsibilities, and prospects; and
b: make reasonable allowance for the maintenance of the bankrupt, the bankrupt's spouse, and the bankrupt's family.
4: The Court may, on the application of the bankrupt or any creditor,—
a: vary, suspend, or cancel the bankrupt's obligation to make the payments under this section:
b: remit any arrears owing by the bankrupt.
45A: Court may order that money due to bankrupt be assigned to Assignee
1: The Court may, on the application of the Assignee, make an order assigning or charging to or in favour of the Assignee any money due to the bankrupt or to become due or payable to the bankrupt.
2: That assignment or charge operates as a discharge to the person who pays the Assignee.
45B: Application of
section 104 The Assignee must apply the following payments in accordance with section 104
a: any amount paid by the bankrupt under section 45
b: any amount paid to the Assignee under an order made under section 45A
4: New
section 62 The principal Act is amended by repealing section 62
62: Prohibition of bankrupt entering business
1: An undischarged bankrupt must not, without the consent of the Assignee or the Court either directly or indirectly,—
a: enter into, carry on, or take part in the management or control of, any business:
b: be employed by a relative of the bankrupt or by any company, trust, trustee, or incorporated society, that is managed or controlled by a relative of the bankrupt.
2: Nothing in this section restricts section 151 of the Companies Act 1993
5: Court may order debtor to be arrested
Section 63(1) residence either temporarily or permanently
6: Court may order debtor's property to be seized
Section 64(1)(b) residence either temporarily or permanently
7: New
section 68A The principal Act is amended by inserting, after section 68
68A: Assignee may obtain documents
The Assignee may, by notice in writing, require the bankrupt, the bankrupt's spouse, or any other person to deliver to the Assignee any book, paper, or document relating to the dealings or property of the bankrupt in that person's possession or under that person's control as the Assignee requires.
8: Crimes by bankrupt
Section 126(1)(k) New Zealand either temporarily or permanently
9: Summary offences
1: Section 128
a: by omitting from subsection (1) 3 months 12 months
b: by inserting in subsection (1)(f) New Zealand either temporarily or permanently
2: Section 128 subsections (2) (3)
2: Despite anything in section 14 of the Summary Proceedings Act 1957 paragraphs (a) to (g) of subsection (1)
10: Offences by undischarged bankrupts in relation to management of companies
Section 128A(1)
a: by omitting the expression 6 months 12 months
b: by omitting the expression $1,000 $5,000
|
DLM91076
|
2001
|
Receiverships Amendment Act 2001
|
1: Title
1: This Act is the Receiverships Amendment Act 2001.
2: In this Act, the Receiverships Act 1993 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: Interpretation
Section 2(1) account receivable section 16(1) of the Personal Property Securities Act 1999 inventory section 16(1) of the Personal Property Securities Act 1999 new value section 16(1) of the Personal Property Securities Act 1999 proceeds section 16(1) of the Personal Property Securities Act 1999 purchase money security interest section 16(1) of the Personal Property Securities Act 1999 security agreement section 16(1) of the Personal Property Securities Act 1999 security interest section 17 of the Personal Property Securities Act 1999
4: Duty to notify suspected offences against other Acts
1: Section 28(1) offence that is material to the receivership
2: Section 28(1) paragraph (a)
aa: the Crimes Act 1961
3: Section 28 subsection (1)
1A: A report made under subsection (1)
5: Preferential claims
1: Section 30 subsection (1)
1: This section applies to a receiver of the property of a grantor that is a company, other than a company in liquidation at the time of the receiver's appointment, and who was appointed under a security agreement that created or provided for a security interest that—
a: is over all or any part of the company's accounts receivable and inventory or all or any part of either of them; and
b: is not a purchase money security interest; and
c: does not arise 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).
2: Section 30(2)
a: omitting the words property that is subject to the security interest accounts receivable and inventory that are subject to the security interest or their proceeds
b: inserting, before the words any claim from those assets
c: inserting, after the word security interest
3: Section 30
5: The provisions of this section, as in force immediately before the commencement of the Personal Property Securities Act 1999
6: New
section 30A The principal Act is amended by inserting, after section 30
30A: Extinguishment of subordinate security interests
If property has been disposed of by a receiver, all security interests in the property and its proceeds that are subordinate to the security interest of the person in whose interests the receiver was appointed are extinguished on the disposition of the property. 1999 No 126 115
|
DLM90753
|
2001
|
Personal Property Securities Amendment Act 2001
|
1: Title
1: This Act is the Personal Property Securities Amendment Act 2001.
2: In this Act, the Personal Property Securities Act 1999 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: New
sections 9 9A The principal Act is amended by repealing section 9
9: Part 5 Part 5
9A: Part 6 Part 6
4: Interpretation
Section 57 finance company section 2(1) of the Motor Vehicle Dealers Act 1975 manufacturer wholesaler
a: a person who engages in the business of selling new motor vehicles to dealers, or to other persons who engage in that business; or
b: a person who engages in the business of selling secondhand motor vehicles to dealers.
5: New
section 59 The principal Act is amended by repealing section 59
59: Reimbursement of secured party by dealer
1: A dealer must pay to a secured party the relevant amount referred to in subsection (2)
a: the dealer sold or leased a motor vehicle that, immediately before its sale or lease, was subject to the secured party's security interest that was perfected by registration; and
b: the buyer or lessee of the motor vehicle takes the motor vehicle free of the security interest under section 58
c: the secured party has served a claim for payment on the dealer.
2: The dealer must, within 7 working days of the date on which the secured party served a claim for payment on the dealer, pay to the secured party the lesser of the following amounts:
a: the amount outstanding in respect of the debt or other obligation secured by the secured party's security interest in the motor vehicle:
b: the payment received or to be received by the dealer from the sale or the lease of the motor vehicle.
6: New
section 61 The principal Act is amended by repealing section 61
61: Procedure for making claims for reimbursement
Every claim for payment made by a secured party under section 59 or section 60
a: a printed search result issued by the register under section 175
b: a statutory declaration by the secured party or, if the secured party is a company, by any director or other officer authorised in writing for the purpose, declaring—
i: the amount of the debt or other pecuniary obligation secured by the security interest; and
ii: the amount received by the secured party in satisfaction of that debt or other obligation; and
iii: the amount outstanding in respect of that debt or other obligation at the date when the declaration is made; and
iv: the amount recoverable from the buyer or lessee of the vehicle under section 65
7: New
section 71 The principal Act is amended by repealing section 71
71: Security agreement may provide for future advances
A security agreement may provide for future advances.
8: New
section 106 The principal Act is amended by repealing section 106
106: Part not to apply to receivers
This Part does not apply to a receiver within the meaning of section 2(1) of the Receiverships Act 1993
9: New
section 107 The principal Act is amended by repealing section 107
107: When contracting out of certain provisions in this Part permitted
1: The parties to a security agreement may contract out of sections 108, 109, 111(1), 112, 114(1)(a), 117(1)(c), 120(1), 122, 133, and 134
2: The parties to a security agreement may contract out of the debtor's right to—
a: receive a statement of account under section 116
b: recover surplus under section 119
c: receive notice of a secured party's proposal to retain collateral under section 120(2)
d: object to a secured party's proposal to retain collateral under section 121
e: not have goods damaged when a secured party removes an accession under section 125
f: not be reimbursed for damage caused when a secured party removes an accession under section 126
g: refuse permission to remove an accession under section 127
h: receive notice of the removal of an accession under section 129
i: apply to the Court for an order concerning the removal of an accession under section 131
j: redeem collateral under section 132
3: The parties to a security agreement may contract out of the secured party's right to apply to a court for an order in respect of the removal of an accession under section 128
10: Debtor may reinstate security agreement
Section 133 subsection (2)
2: Subsection (1)
11: Secured party may obtain court order in cases not involving security trust deed
Section 167(1) 1 or more none
12: New
section 199 The principal Act is amended by repealing section 199
199: Time of registration of certain prior security interests
For the purposes of this Act, the time of registration of a prior security interest that is deemed to be perfected by registration under this Act is—
a: the time that, under the relevant prior registration law, determined the priority of the security interest (where the prior security interest is deemed to be perfected by registration under section 195
b: the time that the security interest was created (where the prior security interest is deemed to be perfected by registration under section 196
13: New
Schedules 1 2 The principal Act is amended by repealing Schedules 1 2 Schedule
14: Schedules 3 4
1: Schedule 3 Statutes Amendment Act 1945 1945 : Section 5
2: Schedule 4 Motor Vehicle Securities (Fees) Regulations 1990, Motor Vehicle Securities (Fees) Regulations 1999 (SR 1999/148)
|
DLM91203
|
2001
|
Securities Amendment Act 2001
|
1: Title
1: This Act is the Securities Amendment Act 2001.
2: In this Act, the Securities Act 1978 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: New
section 11 The principal Act is amended by repealing section 11
11: Membership of Commission
1: The Commission must consist of not less than 5, and not more than 10, members, of whom at least 1 must be a barrister or solicitor of at least 7 years' practice.
2: The members of the Commission must be appointed by the Governor-General on the recommendation of the Minister.
3: One member must be so appointed as Chairperson of the Commission.
4: No person may be recommended for appointment as a member of the Commission, unless, in the opinion of the Minister, the person is qualified for appointment, having regard to the functions and powers of the Commission, by virtue of the person's knowledge of, or experience in, industry, commerce, economics, law, accountancy, public administration, or securities.
4: Provisions relating to certain proceedings before Commission
Section 19 subsection (2)
2: At least 1 person who is a barrister or solicitor of the High Court of not less than 7 years' practice must attend at every meeting of the Commission for the purposes of section 44(1)(b), 44B(2), or section 69
5: References to chairperson, etc
The principal Act and the Securities Amendment Act 1988
a: omitting the word Chairman Chairperson
b: omitting the word Chairman's Chairperson's
c: inserting, after the word he or she or she
d: inserting, after the word his or her or her
e: inserting, after the word him or her or her
f: inserting, after the word himself or herself Amendments to Securities Amendment Act 1988
6: Amendments to Securities Amendment Act 1988
1: Section 8(3) Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
2: Section 10 Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
3: Section 12(2) Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
4: Section 14 Securities Amendment Act 1988 ; and paragraph (b)
c: every individual who had the information and every individual who took part in the decision to buy or sell the securities acted in accordance with the arrangements referred to in paragraph (a)
5: Sections 17 18 19(2)(a) 28(1) 29(1) Securities Amendment Act 1988 member holder of securities
6: Section 17 Securities Amendment Act 1988 subsection (4)
4A: Any confidential communications between the solicitor or barrister and any other person for the purposes of establishing whether the public issuer has a cause of action against the insider, are protected by absolute privilege.
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DLM91218
|
2001
|
Superannuation Schemes Amendment Act 2001
|
1: Title
1: This Act is the Superannuation Schemes Amendment Act 2001.
2: In this Act, the Superannuation Schemes Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Implied provision as to transfer of members, etc
Section 9B subsection (2)
2: The trustees of each registered superannuation scheme affected must notify the persons described in subsection (2A) subsection (2B)
a: from a registered superannuation scheme to any other superannuation scheme; or
b: from a superannuation scheme to a registered superannuation scheme.
2A: The persons referred to in subsection (2)
a: all members and beneficiaries of each registered superannuation scheme (other than those members and beneficiaries that, in the opinion of the Government Actuary, are not likely to be materially affected by the proposed transfer referred to in that subsection); and
b: the Government Actuary.
2B: At least 1 month before the date by which the written consent of members and beneficiaries to a proposed transfer referred to in subsection (2)
a: the trustees must notify the members and beneficiaries described in subsection (2A)(a)
i: the proposed transfer and its implications for members and beneficiaries; and
ii: the date on which the proposed transfer is to occur; and
iii: the date by which the written consent of members and beneficiaries to the proposed transfer must be received by the trustees; and
iv: the fact that a copy of the notice has been forwarded to the Government Actuary; and
b: the trustees must notify the Government Actuary in writing of—
i: the proposed transfer and its implications for members and beneficiaries; and
ii: the date on which the proposed transfer is to occur; and
iii: the date by which the written consent of members and beneficiaries to the proposed transfer must be received by the trustees.
4: New
section 9BA The principal Act is amended by inserting, after section 9B
9BA: Government Actuary may exempt trustees from requirement to obtain written consent of all members and beneficiaries
1: The Government Actuary may exempt trustees of a registered superannuation scheme from the requirement to obtain the written consent of all members and beneficiaries of the scheme under sections 9 and 9B
a: the trustees have not been able to contact all members or beneficiaries of the scheme despite having taken all reasonable steps to do so; and
b: the proposed action is not unreasonable in relation to the best interests of any member or beneficiary who has not been contacted.
2: To avoid doubt, any exemption given by the Government Actuary under this section is subject to section 23
5: Accounts
1: Section 13(1) paragraph (b)
b: annual accounts in respect of the scheme are prepared in accordance with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993 .
2: Section 13(2) paragraph (b)
b: that administration manager has prepared annual accounts in respect of the scheme that comply with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993 .
6: Annual reports
1: Section 14(1) 6 months 5 months
2: Section 14 subsection (3)
3: The trustees must send a copy of the completed report to the Government Actuary within 28 days after its completion.
7: Actuarial examination
1: Section 15(2) 9 months 7 months
2: Section 15 subsection (3)
3: The trustees must send a copy of the report of the actuary to the Government Actuary within 28 days after the date of its receipt by the trustees.
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DLM91232
|
2001
|
Unit Trusts Amendment Act 2001
|
1: Title
1: This Act is the Unit Trusts Amendment Act 2001.
2: In this Act, the Unit Trusts Act 1960 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Accounts, etc, to be filed
Section 20
a: by omitting from subsection (2) of each unit trust, not being , in relation to each unit trust, that is not
b: by omitting from subsection (2A) of each unit trust , in relation to each unit trust
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