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DLM18082 | 1998 | Co-operative Companies Amendment Act 1998 | 1: Short Title
This Act may be cited as the Co-operative Companies Amendment Act 1998, and is part of the Cooperative Companies Act 1996 the principal Act
2: Interpretation
This section substituted s 34
3: Transfer of shares to sharemilkers
This section substituted s 44(3)
4: Amendment to
Dairy Board Act 1961 Section 4 repealed 16 October 2001 165(4) Dairy Industry Restructuring Act 2001 See sections 166-169
5: Person deemed to be supplying shareholder
1: If,—
a: At any time on or after 1 September 1996 and the commencement of this Act, a co-operative dairy company acted as though a person were a supplying shareholder; and
b: That person would have been a supplying shareholder as defined by the Co-operative Companies Act 1996 then, despite anything to the contrary in the Dairy Board Act 1961 the Co-operative Companies Act 1996
2: This section does not validate anything done by the person, the company, the Board, or any other person, if the thing done would have been invalid had the person first mentioned been a supplying shareholder at the time.
6: Company deemed to be qualifying company
1: If,—
a: At any time on or after 12 December 1996 and before the commencement of this Act, the Board acted as though a company were a qualifying company; and
b: That company would have been a qualifying company in accordance with the Dairy Board Act 1961 then, despite anything to the contrary in the Dairy Board Act 1961 the Co-operative Companies Act 1996
2: This section does not validate anything done by the company, the Board, or any other person, if the thing done would have been invalid had the company been a qualifying company at the time. |
DLM426601 | 1998 | Films, Videos, and Publications Classification Amendment Act 1998 | 1: Short Title
This Act may be cited as the Films, Videos, and Publications Classification Amendment Act 1998, and is part of the Films, Videos, and Publications Classification Act 1993 the principal Act
2: Community representatives
This section substituted s 74(2) |
DLM424983 | 1998 | Social Security (Overseas Pensions) Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Social Security (Overseas Pensions) Amendment Act 1998, and is part of the Social Security Act 1964 the principal Act
2: This Act (except section 2(1)
3: Section 2(1)
2: Rate of benefits if overseas pension payable
1: This subsection inserted s 70(3A)
2: This subsection inserted s 70(3B)
3: Regulations relating to overseas pensions
1: This subsection substituted para (g) paras (h) to (j)
2: This subsection inserted s 132C(2) |
DLM426216 | 1998 | Agricultural Compounds and Veterinary Medicines Amendment Act 1998 | 1: Short Title
This Act may be cited as the Agricultural Compounds and Veterinary Medicines Amendment Act 1998, and is part of the Agricultural Compounds and Veterinary Medicines Act 1997 the principal Act
2: Amendment to
Schedule 2 This section amended schedule 2 |
DLM18986 | 1998 | Private Schools Conditional Integration Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Private Schools Conditional Integration Amendment Act 1998, and is part of the Private Schools Conditional Integration Act 1975 the principal Act
2: This Act comes into force on the day after the date on which it receives the Royal assent.
2: Interpretation
1: This subsection substituted the definition of integration agreement s 2(1)
2: This subsection substituted the definition of the term Proprietor s 2(1)
3: New sections substituted
This section substituted ss 5 6 6A
4: Integration agreement
1: This subsection substituted ss 7(1) 7(2)
2: This subsection amended s 7(6)(b)
3: The following enactments are consequentially repealed:
a: Section 4(2) of the Private Schools Conditional Integration Amendment Act 1977
b: Section 2(1) of the Private Schools Conditional Integration Amendment Act 1986
5: New sections substituted
This section substituted s 11 11A to 11C
6: Closure of integrated school
This section substituted s 12
7: Repeal of
section 13 Section 13
8: Rights of appointment
This section amended s 14
9: Notification of cancellation or of closing of school
This section amended s 15
10: Disposal of assets on cancellation of integration agreement or closing of school
1: This subsection amended s 16
2: This subsection substituted s 16(8)
11: Restriction on cancellation of integration agreement or closure of school
This section amended s 17
12: Compensation
This section amended s 18
13: Powers and responsibilities of Proprietors
1: This section amended s 40(2)(a)
2: This section amended s 40(2)(e)
3: This section substituted s 40(2)(g)
14: Leases of land
This section inserted s 40A
15: Proprietors unable to meet obligations
1: This subsection amended s 44(1)(a)
2: This subsection substituted s 44(1)(c)
16: Repeal of provisions relating to Loreto Hall
1: Section 59 subsections (3) to (9)
2: This subsection amended s 60(1)
17: Teacher's housing
This section amended s 79(2)
18: Integration Standing Committee abolished
1: The Integration Standing Committee established by section 20
2: The following enactments are consequentially repealed:
a: Sections 20 to 24 41 71(7) 72(4)
b: Section 6 of the Private Schools Conditional Integration Amendment Act 1977
c: So much of Schedule 8 Education Act 1989 section 20 |
DLM426472 | 1998 | Domestic Violence Amendment Act 1998 | 1: Short Title
This Act may be cited as the Domestic Violence Amendment Act 1998, and is part of the Domestic Violence Act 1995 the principal Act
2: Programme providers' fees and expenses
This section substituted s 44(b)
3: Court may appoint lawyer
This section substituted s 81(3)(b) |
DLM424967 | 1998 | Student Loan Scheme Amendment Act 1998 | 1: Short Title
This Act may be cited as the Student Loan Scheme Amendment Act 1998, and is part of the Student Loan Scheme Act 1992 the principal Act
2: Excess repayments made by residents
1: This subsection amended s 56(1)(f)
2: Section 56(1)(g)
3: This subsection inserted s 56(1A) (1B)
4: This subsection amended s 56(2)
5: This subsection inserted s 56(2A)
6: Subsections (1) to (5)
3: New section inserted
This section inserted section 60A |
DLM433612 | 1998 | Land Transport Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Land Transport Act 1998.
2: Sections 5(4) 23 24 25 28 31(1)(c) 95 96(1), (2), (3), and (5) 199
3: The repeals specified in clauses 1 to 14 of Part 4
4:
5: The rest of this Act comes into force on 1 March 1999.
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 1(2) brought into force 3 May 1999 clause 2 Land Transport (Commencement of Provisions) Order 1999 Section 1(3) brought into force 1 March 1999 clause 2 Land Transport (Commencement of Repeals) Order 1999 Section 1(3) brought into force 3 May 1999 clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 Section 1(3) brought into force 27 February 2005 clause 2 Land Transport (Commencement of Repeals) Order 2004 Section 1(4) repealed 29 June 2009 section 4 Land Transport Amendment Act 2009 Section 1(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— accompany Agency section 93 alcohol interlock device
a: is a part of the starting system of a motor vehicle; and
b: uses breathalyser technology to determine whether the starting system should start the motor vehicle; and
c: is, for the purposes of sections 65AB to 65AK ( see alcohol interlock licence section 65AC alcohol interlock sentence section 65AC alternative fuel system ambulance apparently younger than 20 section 71 approved analyst
a: a person who is designated by the Science Minister, by notice ( see
b: a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case approved health authority section 209 approved laboratory ( see approved provider Director approved vehicle surveillance equipment Minister or the ( see assessment centre or individual axle
a: if 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:
b: if the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle ( a dual axle
c: for the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that one of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured blood concentration level blood specimen blood specimen collecting instrument
a: a needle and syringe; or
b: an instrument of a kind designed for the taking of blood specimens approved by the Minister of Police (after consulting the Science Minister and the Minister of Transport) by notice ( see blood specimen collecting kit ( see blood specimen collecting procedure ( see blood test analysis of a blood specimen blood test fee the fee for the analysis of a blood specimen section 67 breath screening device ( see breath screening test ( see carriage certificate of compliance section 75A certificate of loading class exemption section 168D(1)(b) clean vehicle discount scheme section 5(1) Commissioner compulsory impairment test ( see indicate concurrent offence
a: that is not a qualifying offence; and
b: that occurred as part of the same series of events as the facts that gave rise to the person’s conviction for a qualifying offence; and
c: for which the offender may or must be disqualified from holding or obtaining a driver licence under this Act or under section 124 control court the cruising
a: draws attention to the power or sound of the engine of the motor vehicle being driven; or
b: creates a convoy that—
i: is formed otherwise than in trade; and
ii: impedes traffic flow cumulative work day
a: during which work occurs; and
b: that—
i: does not exceed 24 hours; and
ii: begins after a continuous period of rest time of at least 10 hours cumulative work period dangerous goods dangerous goods enforcement officer section 208 design designed Director Director of Land Transport section 104A drink driver drive driver licence driver licence stop order section 91E enforcement authority (except in relation to Part 17
a: the New Zealand Police, in any case:
b: the Agency or the Director or the Director
ba: an airport authority:
c:
d: a local authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:
e: a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 enforcement officer
a: a constable
b: a Police employee who is not a constable
c: a person who is appointed to that office by warrant under section 208
d: the Agency, in the circumstances set out in section 208A evidence of use of a qualifying drug section 11A(2) evidence of vehicle inspection evidential breath test ( see evidential breath-testing device ( see facilitate
a: means to enable drivers and passengers to connect by electronic or any other means (for example, by telephone, Internet site, application, or software); but
b: does not include the mere provision of an answering or call centre service facilitated cost-sharing arrangement
a: may be up to a maximum amount per kilometre set by the Minister by notice ( see
b: may not include—
i: payment for the driver’s driving or travelling time; or
ii: any infringement fee incurred in the course of the journey; or
iii: registration and licensing costs for the driver or the driver’s vehicle facilitator financial year Agency fire brigade
a: a defence fire brigade and an industry brigade (as those terms are defined in section 6
b: employed firefighters or other members of a defence fire brigade or an industry brigade; and
c: employees, volunteers, and contractors of Fire and Emergency New Zealand who are operational personnel delivering designated services (as those terms are defined in section 6 first oral fluid test section 71A former enactment Transport Act 1962 Part 2 Land Transport Act 1993 goods goods service
a: means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross vehicle mass
b: includes the letting on hire of a motor vehicle whose gross vehicle mass
c: does not include—
i: a vehicle recovery service; or
ii: a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
iii: any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
iv: the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or
v: the use of vintage vehicles to carry goods for display purposes; or
vi: the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or
vii: any service specified as an exempt goods service in the regulations or the rules goods service licence subpart 3 goods service vehicle
a: means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
b: does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules gross vehicle mass
a: is determined by—
i: the Director
ii: the manufacturer of the vehicle; or
iii: if the vehicle is modified after manufacture, a certifier approved by the Director
b: may be recorded in kilograms on the register of motor vehicles gross weight health practitioner section 5 heavy motor vehicle gross vehicle mass heavy traffic
a: the use of any heavy motor vehicle; or
b: any other traffic declared to be heavy traffic by the Agency by notice ( see high-risk level Part 1 hospital section 58(4) image infringement offence
a: a moving vehicle offence:
ab: a stationary vehicle offence:
b: an overloading or over-dimension
ba: an offence against this Act concerning logbooks that is committed by a transport service driver:
c: an infringement offence specified in regulations made under this Act
ca: a toll offence:
d: any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence) large passenger service large passenger service licence subpart 3 land transport land transport Act
a: the Government Roading Powers Act 1989
b: the Land Transport Act 1998 (this Act); and
c: the Land Transport Management Act 2003
d: the Railways Act 2005
e: the Road User Charges Act 2012 land transport documents
a: licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under this Act, the Government Roading Powers Act 1989 Railways Act 2005 Road User Charges Act 2012
b: carbon dioxide accounts opened under section 189(2) land transport record section 200E land transport register
a: registers kept under this Act , the Railways Act 2005 , or the Road User Charges Act 2012
b: other information and records relating to vehicle and operator licensing kept by the Agency large passenger service vehicle licensed
a: in relation to a driver,—
i: licensed by or under this Act to drive vehicles of a specified class or classes; or
ii: licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:
b: in relation to a vehicle, licensed under Part 17 light rail vehicle section 4(1) light rental service vehicle gross vehicle mass light vehicle listed qualifying drug Schedule 5 load
a: includes part of a load; and
b: includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but
c: does not include animal wastes discharged from animals being carried on a vehicle at the time local authority Local Government Act 2002 logbook approved by the Director section 30ZG mass medical centre medical expenses health practitioner medical laboratory technologist Medical Sciences Council of New Zealand section 114(1)(a) medical officer medical practitioner section 114(1)(a) member Agency Minister Minister of Police Ministry mobility device
a: a vehicle that—
i: is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
ii: is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or
b: a vehicle that the Agency section 168A(1) moped
a: 2 or 3 wheels; and
b: a maximum speed not exceeding 50 kilometres per hour; and
c: either—
i: an engine cylinder capacity not exceeding 50 cc; or
ii: a power source other than a piston engine motor vehicle
a: means a vehicle drawn or propelled by mechanical power; and
b: includes a trailer; but
c: does not include—
i: a vehicle running on rails; or
ii:
iii: a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
iv: a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
v: a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
vi: a pedestrian-controlled machine ; or
vii: a vehicle that the Agency section 168A
viii: a mobility device motorcycle
a: means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and
b: includes a vehicle with motorcycle controls that is approved as a motorcycle by the Director
c: does not include a moped moving vehicle offence
a: a speeding offence; or
b: an offence in respect of the failure to comply with the directions given by a traffic signal or a traffic sign that is a variable traffic or lane control sign
c: any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 ; or
d: a toll offence non-serviced area
a: is 70 km or more from an approved provider’s service centre or is on an island without an approved provider’s service centre; and
b: is not able to be serviced by an approved provider via remote technology novice driver nurse section 114(1)(a) offence against this Act operate operator oral fluid test
a: by means of an oral fluid testing device; and
b: in a manner approved for that device by the Minister of Police under section 71G oral fluid testing device section 71G organised criminal activity
a: involves 2 or more persons; and
b: has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects over-dimension offence overloading offence owner
a: the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or
b: the motor vehicle is let on hire pursuant to the terms of a rental-service licence,— in which case owner owned ownership parking
a: in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:
b: in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road parking offence parking warden section 128D participant passenger service
a: means—
i: the carriage of passengers on any road for hire or reward by means of a motor vehicle; and
ii: the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and
b: includes the carriage of passengers on any road—
i: that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or
ii: by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or
iia: after a connection between a passenger and a small passenger service facilitated by a facilitator; or
iii: in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made; or
iv: in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or
v: that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but
c: does not include—
i: private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or
ii: any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or
iii: any service specified as an exempt passenger service in the regulations or the rules passenger service vehicle
a: means a vehicle used or available for use in a passenger service for the carriage of passengers; but
b: does not include—
i: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or
ii: a vehicle specified as an exempt passenger service vehicle in the regulations or the rules passive breath-testing device ( see permanent speed limit positive
a: in relation to the result of an evidential breath test, means the result of the test indicates,—
i: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, that the breath of the person who underwent the test contains alcohol; or
ii: in the case of a person who is apparently younger than 20, that the breath of the person who underwent the test contains alcohol; or
iii: in the case of any other person, that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath:
b: in relation to the result of an oral fluid test, means the result of the test indicates that the concentration level of a qualifying drug in the oral fluid of the person who underwent the test equals or exceeds the level specified for the drug in a notice made under section 71G premises sections 130 131 rail vehicle, Maori Affairs Act 1953 Part 17 prescribed
a: in relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:
b: in relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment prescription medicine section 3(3) private analyst proceedings the Criminal Procedure Act 2011 Summary Proceedings Act 1957 section 139 qualifying bylaw section 22AB(1)(a) section 145
a: restricting or placing conditions on the racing of motor vehicles or any associated activities:
b: controlling or restricting cruising or any associated activities qualifying drug
a: means any substance, preparation, mixture, or article containing a controlled drug specified in Schedule 1 2 Parts 1 to 5 Part 7
b: includes—
i: any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1)
ii: any prescription medicine; but
c: excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) if it is excluded by regulations made under this Act qualifying offence section 65AB(1) rail operator section 4(1) rail participant section 4(1) rail vehicle section 4(1) regional council Local Government Act 2002 register of motor vehicles section 234 registered Part 17 Registrar the District Court the regulations section 218 rental service
a: the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
b: the hiring of trailers with a gross vehicle mass
c: any service specified as an exempt rental service in the regulations or the rules rental service licence subpart 3 rental service vehicle representative
a: engage with the Agency on matters relating to the operator’s compliance with the relevant requirements of this Act, the regulations, and the rules; and
b: accept service of legal documents on behalf of the operator responsible clinician section 2(1) rest time
a: is not work time; and
b: is at least 30 minutes in duration; and
c: is not spent in a moving vehicle associated with work road
a: a street; and
b: a motorway; and
c: a beach; and
d: a place to which the public have access, whether as of right or not; and
e: all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and
f: all sites at which vehicles may be weighed for the purposes of this Act or any other enactment road controlling authority
a: means the authority, body, or person having control of the road; and
b: includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority the rules section 220 Science Minister the Research, Science, and Technology Act 2010 second oral fluid test section 71B Secretary service Part 4A
a: an operation carried out on 1 occasion only; and
b: an operation carried out solely for the benefit of the persons carrying it out site section 147 small passenger service
a: a small passenger service vehicle; or
b: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is provided by one of the passengers being carried; or
c: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is being used in a facilitated cost-sharing arrangement small passenger service licence subpart 3 small passenger service operator
a: means a person who carries on a small passenger service; and
b: includes a facilitator; but
c: does not include any other person who is a driver in the small passenger service or who otherwise assists in the small passenger service small passenger service vehicle special vehicle lane clause 1.6 of the Land Transport (Road User) Rule 2004 speed limit
a: this Act, including—
i: by a land transport record being included in the register of land transport records established by section 200E
ii: under a rule or bylaw made under this Act; or
b: the Local Government Act 1974
c: the Government Roading Powers Act 1989 speeding offence stationary vehicle offence
a: parking in any portion of a road in breach of any legislation (including, without limitation, any bylaw made under section 22AB(1)(m) to (o)
b: any offence specified as a stationary vehicle offence in regulations made under this Act storage provider territorial authority Local Government Act 2002 tolerance level Part 2 toll section 5 toll offence section 54(1) towage fee ( see traction engine
a: is propelled by steam power; and
b: is not a rail vehicle within the meaning of section 4(1)
c: is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation traffic control device
a: sign, signal, or notice; or
b: traffic calming device; or
c: marking or road surface treatment— used on a road for the purpose of traffic control transport instrument section 168G transport service
a: means any goods service, passenger service, rental service, or vehicle recovery service; but
b: does not include—
i: licensed rail participants under the Railways Act 2005
ii: any service specified as an exempt transport service in the regulations or the rules transport service driver transport service licence subpart 3
a: a goods service licence:
b: a large passenger service licence:
c: a rental service licence:
d: a small passenger service licence:
e: a vehicle recovery service licence transport service operator
a: means a person who carries on a transport service; and
b: includes, in relation to a small passenger service, a facilitator; but
c: does not include any other person who is a driver in the transport service or who otherwise assists in the transport service transport service vehicle
a: a rail vehicle under the Railways Act 2005
b: a vehicle running on self-laying tracks or rollers; or
c: a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or
d: a vehicle used as a place of abode to the extent that it is not used in a rental service; or
e: a vehicle listed as a farm vehicle in Part 1 of the Schedule of the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998
f: a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour)
g: a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or
h: a hearse; or
i: a traction engine unladen weight unlicensed unlisted qualifying drug Schedule 5 vehicle
a: means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
b: includes a hovercraft, a skateboard, in-line skates, and roller skates; but
c: does not include—
i: a perambulator or pushchair:
ii: a shopping or sporting trundler not propelled by mechanical power:
iii: a wheelbarrow or hand-trolley:
iv:
v: a pedestrian-controlled lawnmower:
vi: a pedestrian-controlled agricultural machine not propelled by mechanical power:
vii: an article of furniture:
viii: a
ix: any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:
x: any rail vehicle vehicle recovery service
a: means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but
b: does not include—
i: the towing or carrying of any motorcycle or moped; or
ii: the towing or carrying of one motor vehicle by another where—
A: the towing or carrying is not carried out directly or indirectly for reward; and
B: the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
iii: the towing or carrying of a vehicle by a person who owns the vehicle; or
iv: the towing of disabled vehicles using a rope or flat tow by—
A: a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or
B: the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or
v: the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or
vi: routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or
vii: any service where the Director
A: must be carried in the vehicle used in the service; and
B: specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
viii: any service specified as an exempt vehicle recovery service in the regulations or the rules vehicle recovery service licence subpart 3 vehicle recovery service vehicle
a: means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but
b: does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules weight
a: in relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice ( see ( see
b: in relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight work time
a: driving a vehicle to which section 30ZB(1)
b: performing work-related duties, including (but not limited to)—
i: loading and unloading:
ii: maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):
iii: administration or recording:
c: in any paid employment (other than paid leave or paid breaks of at least 30 minutes' duration), whether or not related to transport activities zero alcohol licence
a: is issued to a person who is authorised to obtain the licence by a court order referred to in section 65B(1)
b: authorises the person to drive on the condition that neither the person’s breath nor the person’s blood contains alcohol.
1A: If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.
2:
3: A notice
a: define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:
b: provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.
4: In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
a: appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
b: is printed out by the device on a card or on paper; or
c: appears on printed matter that—
i: accompanies the device; and
ii: is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
iii: is issued by or on behalf of the manufacturer.
5: Despite anything in subsection (1), for the purposes of any proceedings against an offence of failing to comply with work time restrictions or rest time requirements, where no continuous period of rest of least 10 hours is or has been taken, a cumulative work day is to be treated as a period that—
a: begins from the commencement of any work time; and
b: ends only after a continuous period of rest of at least 10 hours is taken.
6: A notice under subsection (1) is secondary legislation ( see Part 3 1962 No 135 ss 2 57A 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) Agency inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) alcohol interlock device inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) alcohol interlock device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) alcohol interlock device amended 1 July 2018 section 5(1) Land Transport Amendment Act 2017 Section 2(1) alcohol interlock licence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) alcohol interlock licence amended 1 July 2018 section 5(2) Land Transport Amendment Act 2017 Section 2(1) alcohol interlock sentence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) approved analyst amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved laboratory amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved provider inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) approved provider amended 1 April 2021 section 24(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) approved taxi organisation repealed 1 October 2017 section 61(1) Land Transport Amendment Act 2017 Section 2(1) approved vehicle surveillance equipment amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved vehicle surveillance equipment amended 1 September 2020 section 24(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) assessment centre amended 11 August 2017 section 89(1) Land Transport Amendment Act 2017 Section 2(1) Authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) blood concentration level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) blood specimen collecting instrument inserted 5 November 2011 section 4(18) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) blood specimen collecting instrument amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood specimen collecting kit amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood specimen collecting procedure inserted 5 November 2011 section 4(18) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) blood specimen collecting procedure amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood test amended 1 November 2009 section 5(1) Land Transport Amendment Act 2009 Section 2(1) blood test fee amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood test fee amended 1 November 2009 section 5(2) Land Transport Amendment Act 2009 Section 2(1) Board Transfund repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) breath screening device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) breath screening test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) certificate of compliance inserted 29 December 2001 section 4(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 2(1) class exemption inserted 1 April 2021 section 4 Regulatory Systems (Transport) Amendment Act 2021 Section 2(1) clean vehicle discount scheme inserted 23 February 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) commercial public transport service repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 2(1) compulsory impairment test inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) compulsory impairment test amended 11 March 2023 section 4(2) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) compulsory impairment test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) conclusive evidential breath-testing device repealed 29 December 2001 section 4(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 2(1) concurrent offence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) control inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) control amended 1 October 2017 section 61(2)(a) Land Transport Amendment Act 2017 Section 2(1) control amended 1 October 2017 section 61(2)(b) Land Transport Amendment Act 2017 Section 2(1) control amended 1 October 2017 section 61(2)(c) Land Transport Amendment Act 2017 Section 2(1) controlled drug repealed 1 November 2009 section 4(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) cruising inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) cumulative work day inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) cumulative work period inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) Director Director of Land Transport inserted 1 April 2021 section 24(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) Director repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) doctor’s surgery repealed 7 November 2018 section 4(1) Land Transport Amendment Act 2016 Section 2(1) driver licence stop order inserted 1 November 2013 section 4 Land Transport Amendment Act 2011 Section 2(1) enforcement authority substituted 28 June 2006 section 4(1) Land Transport Amendment Act (No 2) 2006 Section 2(1) enforcement authority amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) enforcement authority replaced 1 September 2020 section 24(5) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) enforcement authority amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) enforcement authority inserted 10 May 2011 section 4(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) enforcement authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) enforcement authority substituted 10 May 2011 section 4(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) enforcement officer amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 2(1) enforcement officer amended 1 October 2008 section 116(d) Policing Act 2008 Section 2(1) enforcement officer inserted 1 September 2020 section 24(7) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) evidence of use of a qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) evidential breath test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) evidential breath-testing device amended 28 October 2021 regulation 91 Legislation Act (Amendments to Legislation) Regulations 2021 Section 2(1) facilitate inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) facilitated cost-sharing arrangement inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) facilitated cost-sharing arrangement maximum amount per kilometre that may be paid to a driver under a facilitated cost-sharing arrangement as reimbursement for the driver’s costs is $0.73 1 October 2017 clause 3 Land Transport (Facilitated Cost-sharing Arrangement Maximum Reimbursement) Notice 2017 Section 2(1) facilitated cost-sharing arrangement amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) facilitator inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) financial year amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) fire brigade replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 2(1) first oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) goods service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) goods service amended 11 August 2017 section 46(1) Land Transport Amendment Act 2017 Section 2(1) goods service amended 11 August 2017 section 46(1) Land Transport Amendment Act 2017 Section 2(1) goods service licence substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) goods service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) gross laden weight repealed 11 August 2017 section 46(2) Land Transport Amendment Act 2017 Section 2(1) gross vehicle mass inserted 11 August 2017 section 46(3) Land Transport Amendment Act 2017 Section 2(1) gross vehicle mass amended 1 April 2021 section 24(6) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) gross vehicle mass amended 1 April 2021 section 24(6) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) health practitioner inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) heavy motor vehicle amended 11 August 2017 section 46(4) Land Transport Amendment Act 2017 Section 2(1) heavy traffic inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) heavy traffic amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) high-risk level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) hospital substituted 10 May 2011 section 4(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence inserted 10 May 2011 section 4(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence amended 11 August 2017 section 46(5) Land Transport Amendment Act 2017 Section 2(1) infringement offence inserted 1 October 2007 section 4(6) Land Transport Amendment Act 2005 Section 2(1) infringement offence amended 10 May 2011 section 4(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) invalid carriage repealed 22 June 2005 section 4(2) Land Transport Amendment Act 2005 Section 2(1) land transport Act inserted 1 September 2020 section 24(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) land transport documents replaced 23 February 2022 section 4(2) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) land transport record inserted 1 September 2020 section 24(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) land transport register amended 1 August 2012 section 94 Road User Charges Act 2012 Section 2(1) land transport register amended 1 October 2007 section 4(7) Land Transport Amendment Act 2005 Section 2(1) land transport register amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) land transport register amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) large passenger service inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) large passenger service licence inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) large passenger service vehicle inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) licensed amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) light rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) light rental service vehicle amended 11 August 2017 section 46(6) Land Transport Amendment Act 2017 Section 2(1) light vehicle inserted 23 February 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) listed qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) logbook amended 1 April 2021 section 24(9) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) logbook amended 1 October 2007 section 4(8) Land Transport Amendment Act 2005 Section 2(1) medical centre inserted 7 November 2018 section 4(2) Land Transport Amendment Act 2016 Section 2(1) medical expenses inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) medical expenses amended 7 November 2018 section 4(3) Land Transport Amendment Act 2016 Section 2(1) medical laboratory technologist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) medical laboratory technologist amended 1 August 2011 clause 8(2) Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health Profession) Order 2011 Section 2(1) medical officer replaced 7 November 2018 section 4(4) Land Transport Amendment Act 2016 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) member amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) Minister substituted 1 December 2004 section 3(2) Land Transport Amendment Act 2004 Section 2(1) mobility device inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) mobility device amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) moped replaced 11 August 2017 section 89(2) Land Transport Amendment Act 2017 Section 2(1) motor vehicle repealed 22 June 2005 section 4(9) Land Transport Amendment Act 2005 Section 2(1) motor vehicle amended 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motor vehicle added 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motor vehicle amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) motor vehicle added 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motorcycle inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) motorcycle amended 1 April 2021 section 24(10) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) moving vehicle offence amended 11 August 2017 section 89(3) Land Transport Amendment Act 2017 Section 2(1) moving vehicle offence amended 10 May 2011 section 4(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) moving vehicle offence amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) moving vehicle offence added 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) national land transport strategy strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) non-serviced area inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) nurse inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) optometrist repealed 7 November 2018 section 4(5) Land Transport Amendment Act 2016 Section 2(1) oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) oral fluid testing device inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) organised criminal activity inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) outputs repealed 1 September 2020 section 24(11) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) over-dimension offence inserted 11 August 2017 section 46(7) Land Transport Amendment Act 2017 Section 2(1) parking inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking offence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking warden inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) parking warden amended 10 May 2011 section 4(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking warden repealed 11 August 2017 section 89(4) Land Transport Amendment Act 2017 Section 2(1) passenger service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) passenger service inserted 1 October 2017 section 61(3) Land Transport Amendment Act 2017 Section 2(1) passenger service amended 10 May 2011 section 4(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) passenger service licence repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) passenger service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) passive breath-testing device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) performance agreement repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) permanent speed limit replaced 1 September 2020 section 24(12) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) positive replaced 11 March 2023 section 4(3) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) positive evidential breath test repealed 7 August 2011 section 4(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) premises amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) prescription medicine inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) proceedings amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) qualifying bylaw inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) qualifying bylaw amended 10 May 2011 section 4(10)(a) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) qualifying bylaw amended 10 May 2011 section 4(10)(b) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) qualifying drug inserted 1 November 2009 section 4(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) qualifying drug replaced 11 March 2023 section 4(4) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) qualifying offence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) rail operator inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail participant inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail service operator repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail service vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional land transport strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) register of motor vehicles substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) registered amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) registered medical practitioner repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) registered optometrist repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Registrar inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) rental service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) rental service amended 11 August 2017 section 46(8) Land Transport Amendment Act 2017 Section 2(1) rental service licence inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) rental service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) representative inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) rest time inserted 1 October 2007 section 4(5) Land Transport Amendment Act 2005 Section 2(1) road amended 10 May 2011 section 4(11) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) Science Minister amended 1 February 2011 section 18 Research, Science, and Technology Act 2010 Section 2(1) second oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) secondary legislation repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) service inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) service charter repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) small passenger service inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service licence inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service operator inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service vehicle inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) special vehicle lane inserted 28 June 2006 section 4(2) Land Transport Amendment Act (No 2) 2006 Section 2(1) speed limit replaced 1 September 2020 section 24(13) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) stationary vehicle offence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) stationary vehicle offence replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) taxi repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) taxi service repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) tolerance level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) toll inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) toll offence inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) towage fee inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) towage fee amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) traction engine inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) traction engine substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 2(1) Transit Transit New Zealand repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) transport instrument inserted 1 April 2021 section 4 Regulatory Systems (Transport) Amendment Act 2021 Section 2(1) transport service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service substituted 10 May 2011 section 4(13) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) transport service driver inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service licence replaced 1 October 2017 section 61(5) Land Transport Amendment Act 2017 Section 2(1) transport service operator replaced 1 October 2017 section 61(6) Land Transport Amendment Act 2017 Section 2(1) transport service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service vehicle substituted 10 May 2011 section 4(14) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) transport service vehicle amended 10 May 2011 section 4(15) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) unlicensed inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) unlisted qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) vehicle repealed 22 June 2005 section 4(11) Land Transport Amendment Act 2005 Section 2(1) vehicle amended 22 June 2005 section 4(12) Land Transport Amendment Act 2005 Section 2(1) vehicle added 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) vehicle recovery service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) vehicle recovery service amended 1 April 2021 section 24(14) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) vehicle recovery service licence substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) vehicle recovery service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) weight amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) work time substituted 10 May 2011 section 4(16) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) zero alcohol licence added 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) zero alcohol licence amended 1 July 2018 section 5(3) Land Transport Amendment Act 2017 Section 2(1A) inserted 1 October 2007 section 4(13) Land Transport Amendment Act 2005 Section 2(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(5) added 10 May 2011 section 4(22) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 11 August 2017 section 4 Land Transport Amendment Act 2017
3: Act to bind the Crown
This Act binds the Crown.
2: Primary responsibilities of participants in land transport system
General responsibilities
4: General requirements for participants in land transport system
1: A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.
2: A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.
3: A participant , other than a rail participant,
4: A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Director Director subpart 2
5: A participant who holds a land transport document that authorises the provision of a service within the land transport system—
a: must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
b: must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
c: must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document. 1990 No 98 s 12 Section 4(3) amended 20 July 2005 section 103(3) Railways Act 2005 Section 4(4) amended 1 April 2021 section 25 Land Transport (NZTA) Legislation Amendment Act 2020 Section 4(4) amended 1 October 2007 section 5 Land Transport Amendment Act 2005
5: Drivers to be licensed
1: A person may not drive a motor vehicle on a road—
a: without an appropriate current driver licence; or
b: in contravention of the conditions of the person's driver licence; or
c: if the person is disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended or has been revoked, or the driving is contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence
2: A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.
3: While a person's driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.
4: A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.
5: Nothing in subsection (1) or subsection (4) applies if the person driving—
a: is driving an ambulance in an emergency, and—
i: the emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and
ii: unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or
b: is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or
c: is a Police employee
i: the emergency is not reasonably foreseeable; and
ii: the driving is necessary in the interests of safety or public order; and
iii: an appropriately licensed person is not readily available. 1986 No 6 s 37(1), (1A), (2) Section 5(1)(c) amended 10 September 2012 section 5 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 5(5)(c) amended 1 October 2008 section 130(1) Policing Act 2008
6: Vehicles to be safe and operated in compliance with rules
1: A person may not operate an unsafe motor vehicle on a road.
2: If the regulations or the rules require a vehicle to have current evidence of vehicle inspection or a current certificate of loading, or both, a person may not operate the vehicle on a road without the appropriate current evidence of vehicle inspection or certificate or both (as the case may require).
3: A person operating a motor vehicle that is required to have current evidence of vehicle inspection or a certificate of loading must comply with the provisions in the regulations and the rules concerning such evidence or certificate, and the operation of the vehicle.
4: Evidence of vehicle inspection must be displayed on the vehicle to which it applies.
5: A certificate of loading must be displayed on the vehicle to which it applies if required by the rules. 1986 No 6 s 5 Section 6(5) inserted 11 August 2017 section 47 Land Transport Amendment Act 2017
7: Drivers not to be reckless or dangerous
1: A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.
2: A person may not drive a motor vehicle 1962 No 135 s 57 Section 7(1) substituted 22 June 2005 section 6(1) Land Transport Amendment Act 2005 Section 7(2) amended 22 June 2005 section 6(2) Land Transport Amendment Act 2005
8: Drivers not to be careless or inconsiderate
A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons Section 8 substituted 22 June 2005 section 7 Land Transport Amendment Act 2005
9: Loads transported by vehicles to be secured
A person operating a motor vehicle on a road , and any person loading that vehicle, 1962 No 135 s 70(1) Section 9 amended 22 June 2005 section 8 Land Transport Amendment Act 2005 Responsibilities of road users under ordinary and emergency rules
10: Road users and others to comply with ordinary rules and emergency rules
A person must comply with the rules. Responsibilities concerning use of alcohol or drugs
11: Drivers not to exceed specified alcohol limits
A person may not drive or attempt to drive a motor vehicle
a: the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69 250
b: the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73 50
c: if the person is younger than 20,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
d: if the person holds an alcohol interlock licence or a zero alcohol licence,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73 1962 No 135 ss 55(2)(b), (c) 58(1)(a), (c), (f), (g) Section 11 amended 22 June 2005 section 9 Land Transport Amendment Act 2005 Section 11(a) amended 1 December 2014 section 4(1) Land Transport Amendment Act (No 2) 2014 Section 11(b) amended 1 December 2014 section 4(2) Land Transport Amendment Act (No 2) 2014 Section 11(c) substituted 7 August 2011 section 6(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 11(d) inserted 10 September 2012 section 6(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011
11A: Persons not to drive or attempt to drive while blood contains evidence of, or oral fluid indicates, use of qualifying drug
1: A person may not drive or attempt to drive a motor vehicle while—
a: the person’s blood contains evidence of use of a qualifying drug ( see sections 57A(1) and (2) 57B(1) and (2) 57C(1) and (2)
b: the person’s oral fluid indicates use of a qualifying drug ( see sections 57A(3) 57B(3) 57C(3) and (4)
2: A person’s blood contains evidence of use of a qualifying drug
a: the blood concentration level of a listed qualifying drug exceeds the tolerance level for the drug; or
b: the blood contains any level of an unlisted qualifying drug.
3: For the purposes of subsection (1)(b), a person’s oral fluid indicates use of a qualifying drug Section 11A replaced 11 March 2023 section 5 Land Transport (Drug Driving) Amendment Act 2022
12: Persons not to drive while under influence of alcohol or drugs
A person may not drive or attempt to drive a motor vehicle 1962 No 135 s 58(1)(e) 1988 No 170 s 7 Section 12 amended 22 June 2005 section 10 Land Transport Amendment Act 2005 Responsibilities of drivers and other road users concerning enforcement officers
13: Drivers and other road users to comply with directions of enforcement officers, etc
1AA: A person driving a motor vehicle that has a warning notice given under section 22AF
1: A person must comply with sections 68 69 70 71A 71B 71C 71E 71F 72 73
2: A person must comply with all lawful requirements, directions, and requests made by an enforcement officer under any of sections 68 69 70 71A 71B 71C 71E 71F 72 73
3: A person must comply with all lawful requirements and requests made by a health practitioner section 72 section 73
4: A person may not—
a: remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115 or (if the notice was given under section 96(1B) section 102(3)(b) section 110(3)(a)(ii)
b: drive a vehicle to which a notice given under section 115 applies until current evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle.
5: Drivers and other persons must comply with all other lawful requirements, directions, notices, and requests given to, and prohibitions imposed on, them under this Act by an enforcement officer or a dangerous goods enforcement officer. 1962 No 135 s 68C Section 13(1AA) inserted 1 December 2009 section 6 Land Transport (Enforcement Powers) Amendment Act 2009 Section 13(1AA) amended 10 May 2011 section 7 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 13(1) replaced 11 March 2023 section 6 Land Transport (Drug Driving) Amendment Act 2022 Section 13(2) replaced 11 March 2023 section 6 Land Transport (Drug Driving) Amendment Act 2022 Section 13(3) amended 7 November 2018 section 5 Land Transport Amendment Act 2016 Section 13(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 13(4)(a) amended 2 May 2003 section 4 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
3: Additional responsibilities concerning road transport
14: False or misleading information not to be given
A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.
15: Persons not to impersonate enforcement officers
1: A person (other than an enforcement officer or a dangerous goods enforcement officer) may not by words, conduct, or demeanour pretend to be an enforcement officer or dangerous goods enforcement officer, or put on or assume the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.
2: This section does not affect section 48 1962 No 135 s 192A Section 15(2) amended 1 October 2008 section 130(1) Policing Act 2008
16: Heavy motor vehicles not to be overloaded or in breach of dimension requirements
1: A person operating a heavy motor vehicle or combination of vehicles must not operate the vehicle or combination of vehicles in breach of any of the following:
a: the prescribed maximum mass limits for axles:
b: the prescribed maximum mass limits for axle sets:
c: the prescribed maximum mass limits for groups of axles:
d: the prescribed maximum gross mass limits for motor vehicles.
2: A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.
3: A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles breaches prescribed requirements in relation to dimensions. Section 16 replaced 11 August 2017 section 48 Land Transport Amendment Act 2017
16A: Temporary restriction of heavy traffic on roads
1: This section applies if a road controlling authority decides on reasonable grounds that there is an urgent risk of either or both of the following:
a: damage to a road:
b: danger to the safety of road users.
2: The road controlling authority may, for a specified period of no more than 6 months, by a road closure sign, direct that any heavy traffic, or any specified kind of heavy traffic, may not proceed between any 2 places by way of any specified road or roads.
3: A sign referred to in subsection (2) must be displayed in at least 1 prominent position on every road to which the sign applies.
4: A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person contravenes the requirements of any sign described in subsection (2) unless the person proves that there was no other way reasonably available for the traffic concerned to proceed. Section 16A replaced 11 August 2017 section 49 Land Transport Amendment Act 2017
16B: Interference with operation of speed measuring devices
Every person commits an offence who—
a: uses in a motor vehicle any equipment that interferes with the operation of a speed measuring device:
b: possesses in a motor vehicle any equipment that is designed to interfere with the operation of a speed measuring device. Section 16B inserted 10 May 2011 section 8 Land Transport (Road Safety and Other Matters) Amendment Act 2011
17: Distance recorders not to be altered
A person may not, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, make or cause to be made any alteration to the distance recorder or to the vehicle. 1962 No 135 s 192B
18: Health practitioners Director
1: This section applies if a health practitioner
a: the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—
i: should not be permitted to drive motor vehicles of a specified class or classes; or
ii: should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and
b: the licence holder is likely to drive a motor vehicle.
2: If this section applies, the health practitioner Director
3: A health practitioner
4: 1986 No 6 s 45A Section 18 heading amended 1 April 2021 section 26(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 18 heading amended 7 November 2018 section 6(1) Land Transport Amendment Act 2016 Section 18(1) amended 7 November 2018 section 6(2) Land Transport Amendment Act 2016 Section 18(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(2) amended 1 April 2021 section 26(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 18(2) amended 7 November 2018 section 6(3) Land Transport Amendment Act 2016 Section 18(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(3) amended 7 November 2018 section 6(4) Land Transport Amendment Act 2016 Section 18(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(4) repealed 10 May 2011 section 9 Land Transport (Road Safety and Other Matters) Amendment Act 2011
19: Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended
1: If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992
a: the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Director of Land Transport
b: the licence is suspended while the holder is subject to an inpatient order or is a special patient.
2: A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.
3: The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—
a: in the case of a licence that applies to commercial vehicles, forward the licence to the Director of Land Transport
b: in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).
4: If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Director of Land Transport Director of Land Transport
5: A person referred to in subsection (4) may apply to the Director of Land Transport Director of Land Transport
6: If—
a: a person to whom subsection (1) applies is, under any of sections 31 50 52
b: a responsible clinician certifies in writing that, in the clinician's opinion, that person is fit to hold a driver licence,— subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person's driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.
7: In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Director of Land Transport the Director of Land Transport 1986 No 6 s 46 Section 19(1)(a) amended 1 April 2021 section 27(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(1)(a) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(3)(a) amended 1 April 2021 section 27(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(3)(a) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(4) amended 1 April 2021 section 27(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(4) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(5) amended 1 April 2021 section 27(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(5) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(7) amended 1 April 2021 section 27(5) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 19(7) amended 1 December 2004 section 10 Land Transport Amendment Act 2004
20: Traffic surveys not to be conducted unless approved by
Agency
1: A person may not, without the prior written consent of the Agency
2: The Agency Agency 1962 No 135 s 76C Section 20 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 20(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 20(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
21: Enforcement officers to ameliorate hazards
If an enforcement officer, acting in the course of his or her official duties, becomes aware of the existence on a road of a hazard to the safety of traffic (whether arising from the nature or condition of a road or otherwise), the officer must—
a: take such steps as may be reasonably practicable to eliminate or reduce the hazard; and
b: if it is not reasonably practicable for the officer to eliminate the hazard, as soon as practicable report the existence of the hazard to the road controlling authority with a view to eliminating the hazard. 1962 No 135 s 76B
22: Driver's duties where accident occurs
1: If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—
a: stop and ascertain whether a person has been injured; and
b: render all practicable assistance to any injured persons.
2: The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—
a: the driver's or rider's name and address; and
b: the name and address of the owner of the vehicle; and
c: if the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.
3: If the accident involves an injury to or the death of a person, the driver or rider must report the accident
4: If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident), not later than 48 hours after the time of the accident, report to the owner—
a: the driver's or rider's name and address; and
b: the number on the registration plates assigned to the motor vehicle; and
c: the location of the accident.
5: If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident
6: If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.
7: Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.
8: This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle. 1962 No 135 s 65 Section 22(3) amended 1 October 2008 section 124(2) Policing Act 2008 Section 22(5) amended 1 October 2008 section 124(3) Policing Act 2008 Section 22(8) added 20 July 2005 section 103(3) Railways Act 2005
22A: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
1: A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.
2: A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—
a: any petrol, oil, or diesel fuel; or
b: any other substance likely to cause a vehicle to undergo loss of traction.
3: A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.
3A: A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB 22AC
4: In this section and in section 96(9)
a: in the case of a race or an exhibition of speed or acceleration,—
i: the speed of the vehicle is within the applicable speed limit or speed limits; and
ii: the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or
b: the operation is conducted on a road that is closed for the purpose under section 319(h) section 342 Schedule 10
c: the operation is otherwise authorised by or under an enactment other than this section. Section 22A inserted 2 May 2003 section 5 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 22A(3A) inserted 1 December 2009 section 7 Land Transport (Enforcement Powers) Amendment Act 2009 Bylaws Heading inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009
22AB: Road controlling authorities may make certain bylaws
1: A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:
a: controlling, restricting, or prohibiting cruising, including (but not limited to)—
i: specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:
ii: prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:
b: prescribing fines, not exceeding $1,000 Vehicle and road use
c: prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:
d: for the safety of the public or for the better preservation of any road,—
i: fixing the maximum speed of vehicles or of specified classes of vehicles on any road:
ii: designating any area, where that designation will have the effect of determining the speed limit in that area:
e: prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:
f: prohibiting or restricting the use of vehicles on beaches:
g: restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:
h: prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track: Heavy traffic
i: providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:
j: prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:
k: providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:
l: providing for the establishment, in accordance with section 361 Parking
m: prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:
n: prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:
o: prescribing the use of parking places and transport stations, which includes (but is not limited to)—
i: specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:
ii: reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, health practitioners section 2
iii: if in the relevant road controlling authority's opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—
A: reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and
B: setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):
iv: prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority's opinion the parking is likely to cause a nuisance or danger:
v: prescribing the conditions under which any parking place or transport station may be used:
vi: prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:
vii: providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal: Signs and markings
p: providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:
q: prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:
r: prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by vehicles of specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants: Livestock
s: prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:
t: prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:
u: prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:
v: prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle: Displays, vegetation, and access
w: regulating the use of any means of access constructed under section 319(1)
x: requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B
y: regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—
i: in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or
ii: where that display is visible from a road or public place:
z: restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:
za: requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:
zb: prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:
zc: regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):
zd: regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter: Weights
ze: providing for—
i: the weighing or measurement of vehicle loads:
ii: the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:
zf: prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:
zg: providing for the drivers of vehicles to—
i: give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:
ii: do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:
zh: regulating the weights of vehicles or loads that may pass over bridges or culverts: Pedlars
zi: prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—
i: in roads, public places, and State highways as the relevant road controlling authority thinks fit; or
ii: in specified roads or State highways or parts of specified roads or State highways; or
iii: in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:
zj: prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi): General
zk: regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.
2: A bylaw made under subsection (1) may apply—
a: to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:
b: to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:
c: at any specified time or times.
3: A bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.
3A: A relevant road controlling authority may, by resolution
3B: If, under subsection (3A), a parking place or transport station is limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle may allow the vehicle to stand in the parking place or transport station.
4: A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC
5: Nothing in this section—
a: applies to any railway on, over, or across any road; or
b: limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or
c: limits the power to make bylaws conferred on a road controlling authority under any other Act.
6: In this section,— keeper mobile or travelling shop
a: means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but
b: does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously parking place section 591(6) railway section 4(1) transport station section 591(6)
7: Bylaws and resolutions made under this section are secondary legislation for the purposes of the Legislation Act 2019 section 161A of the Local Government Act 2002 Section 22AB inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AB(1)(b) amended 11 August 2017 section 90 Land Transport Amendment Act 2017 Section 22AB(1)(c) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(c) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(d) replaced 22 July 2015 section 11 Land Transport (Speed Limits Validation and Other Matters) Act 2015 Section 22AB(1)(e) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(f) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(g) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(h) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(i) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(i) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(j) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(k) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(l) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(m) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(m) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(n) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(o) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(o)(ii) amended 30 November 2022 section 64 Statutes Amendment Act 2022 Section 22AB(1)(p) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(p) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(q) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(r) replaced 1 July 2017 section 18 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 22AB(1)(s) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(s) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(t) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(u) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(v) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(w) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(w) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(x) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(y) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(z) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(za) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zb) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zc) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zd) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(ze) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(ze) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zf) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zg) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zh) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zi) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zi) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zj) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zk) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)(zk) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(3A) inserted 10 May 2011 section 10(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(3A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AB(3B) inserted 10 May 2011 section 10(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(6) substituted 10 May 2011 section 10(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22AC: Minister may amend, replace, or disallow bylaws
1: The Minister may, by notice section 22AB
a: is inconsistent with any enactment; or
aa: is inconsistent with or duplicates any land transport record included in the register established by section 200E
b: is unreasonable or undesirable in so far as it relates to or may affect traffic.
2: On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.
3: Any disallowance under subsection (1) takes effect either on the day after the notice of disallowance is published under the Legislation Act 2019 see
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22AC inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AC(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AC(1)(aa) inserted 1 September 2020 section 28 Land Transport (NZTA) Legislation Amendment Act 2020 Section 22AC(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AC(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22AD: Consultation
1: Section 156 section 22AB
1A: Section 9(4) and (5) section 22AB
2: A road controlling authority that is not a local authority may not make a bylaw under section 22AB
a: the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and
b: any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and
c: the territorial authority for the area where the road is located; and
d: any affected local community; and
e: the Commissioner of Police; and
f: any other organisation or road user group that the road controlling authority considers affected; and
g: the Agency (if the road controlling authority is not the Agency).
3: The road controlling authority must—
a: give notice in writing to the persons specified in subsection (2) of the road controlling authority's proposal to make, amend, or replace a bylaw; and
b: give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal. Section 22AD inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AD(1) replaced 22 July 2015 section 12 Land Transport (Speed Limits Validation and Other Matters) Act 2015 Section 22AD(1A) inserted 22 July 2015 section 12 Land Transport (Speed Limits Validation and Other Matters) Act 2015
22AE: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.
2: A road controlling authority must—
a: keep copies of all its bylaws at the office of the road controlling authority; and
b: make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 22AB Section 22AE inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009
22AF: Warning notices
1: If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).
2: The warning notice must be—
a: in the form prescribed by the Minister of Police by notice in the Gazette
b: attached to the motor vehicle subject to the warning notice in a manner that—
i: is visible; but
ii: does not interfere with the driver's view of the road.
3: A warning notice attached to a motor vehicle under subsection (1)—
a: is in effect for a period of 90 days from the date of its attachment; and
b: must remain attached to the motor vehicle for that period. Section 22AF inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Traction engine safety Heading: inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
22B: Operators of traction engines to hold appropriate current qualification
1: A person may not use a traction engine in a public place—
a: without an appropriate qualification provided for in the regulations or the rules; or
b: if the person is not permitted under this Act to drive a motor vehicle.
2: A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a) for inspection whenever required to do so by an enforcement officer.
3: In this section and sections 22C 36B public place
a: means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and
b: includes a road and any part of a public place. Section 22B inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
22C: Traction engine to be safe and operated in compliance with regulations and rules
1: A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.
2: If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).
3: A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.
4: Current evidence of vehicle inspection must be displayed on the traction engine to which it applies. Section 22C inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
4: Driver licensing
23: Issue of driver licences
1: The Director
2: Except as provided in subsection (3), a driver licence may be issued for a period not exceeding 10 years and, unless the licence is extended under that subsection or for any reason ceases to have effect on an earlier date, the licence expires on the expiry date specified on the licence.
3: The Director
a: issue licences for a period not exceeding 11 years in cases provided for by the rules:
b: extend, in accordance with the rules, the term of a driver licence by 1 further period not exceeding 12 months.
4: All driver licences in force immediately before this subsection comes into force continue in force and expire on a date to be determined in accordance with the rules, even though they may have been valid for more than 10 years when issued. 1986 No 6 s 4 Section 23(1) amended 1 April 2021 section 29 Land Transport (NZTA) Legislation Amendment Act 2020 Section 23(3) amended 1 April 2021 section 29 Land Transport (NZTA) Legislation Amendment Act 2020
24: Director
1: If an applicant for a driver licence meets the requirements for the issue of a licence of the class sought and the Director Director
a: must be in such form and contain such details as may be specified in the rules; and
b: is valid for such period, not exceeding 21 days, as may be specified on the temporary licence.
2: A temporary driver licence issued under this section has the same effect as a driver licence of the same class issued under section 23
3: Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Director Director Director Section 24 heading amended 1 April 2021 section 30(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24(1) amended 1 April 2021 section 30(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24(3) added 16 January 2006 section 12 Land Transport Amendment Act 2005 Section 24(3) amended 1 April 2021 section 30(3) Land Transport (NZTA) Legislation Amendment Act 2020
24A: Authorised persons may request driver licences for certain persons
1: Despite section 23 Director
a: the Commissioner, for the purpose of protecting a person who—
i: is a Police employee or a person who is, has been, or may be a witness in any proceedings:
ii: needs protection because of his or her relationship to a person who is, has been, or may be a witness in any proceeding:
iii: needs protection because of his or her relationship to a Police employee:
b: the Director-General of an intelligence and security agency, for the purpose of protecting the identity of a person who is, has been, or will be an employee:
c: the chief executive, for the purpose of protecting a person who is, has been, or will be—
i: a fishery officer; or
ii: approved by the chief executive to undertake activities for the Ministry.
2: The Director Director
3: New identity information is created by the Director
a: birth information, description information, name change information, or address information (including, if necessary, the creation of other identities to support the person's new identity information); and
b: operational or administrative information as necessary, so that it supports the information described in paragraph (a).
4: The Director Director
a: the Commissioner, in relation to the driver licence created as a result of a request under subsection (1)(a); or
b: the Director-General of an intelligence and security agency, in relation to new identity information created as the result of a request under subsection (1)(b)
c: the chief executive, in relation to the driver licence created as a result of a request under subsection (1)(c).
5: In this section,— chief executive fishery officer Ministry section 2(1) Director-General of an intelligence and security agency section 4 employee section 22 intelligence and security agency section 4 Police employee
a: a person appointed under section 18
b: a person—
i: who is a member of an overseas law enforcement agency that corresponds to the New Zealand Police; and
ii: whose identity is concealed for the purpose of carrying out a policing function approved by the Commissioner. 1995 No 16 s 65 Section 24A inserted 10 May 2011 section 11 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 24A(1) amended 1 April 2021 section 31(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(1)(b) replaced 28 September 2017 section 281(1) Intelligence and Security Act 2017 Section 24A(2) amended 1 April 2021 section 31(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(3) amended 1 April 2021 section 31(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(4) amended 1 April 2021 section 31(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(4)(b) replaced 28 September 2017 section 281(2) Intelligence and Security Act 2017 Section 24A(5) Director-General of an intelligence and security agency inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017 Section 24A(5) Director of Security employee officer repealed 28 September 2017 section 281(3) Intelligence and Security Act 2017 Section 24A(5) employee inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017 Section 24A(5) intelligence and security agency inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017
25: Minimum age for driver licensing
1: A person who is younger than 16 years
2: However, a person who holds a New Zealand driver licence immediately before 1 August 2011 and is younger than 16 years may continue to hold that driver licence.
3: A person referred to in subsection (2) may apply to the Director section 105 1986 No 6 s 40(2) Section 25(1) amended 1 August 2011 section 12(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(2) added 1 August 2011 section 12(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(3) added 1 August 2011 section 12(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(3) amended 1 April 2021 section 32 Land Transport (NZTA) Legislation Amendment Act 2020
26: Drivers may be tested and examined
The Director
a: complete courses that are approved by the Director
b: pass tests and examinations that are approved by the Director Section 26 substituted 16 January 2006 section 13 Land Transport Amendment Act 2005 Section 26 amended 1 April 2021 section 33(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 26(a) amended 1 April 2021 section 33(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 26(b) amended 1 April 2021 section 33(2) Land Transport (NZTA) Legislation Amendment Act 2020
27: Suspension and revocation of licences
The Director Section 27 amended 1 April 2021 section 34 Land Transport (NZTA) Legislation Amendment Act 2020
28: Photographic driver licence
1: A driver licence must be in the prescribed form and must have on it—
a: a photographic image of the holder; and
b: the holder's name and signature; and
c: the holder's date of birth; and
d: unique identifiers to distinguish the licence and the holder from other driver licences and holders; and
e: the classes to which the licence applies; and
f: the endorsements issued to the holder; and
g: the original
h: the date on which the licence expires; and
i: organ donor information (if applicable); and
j: an indication of any condition the holder must comply with while driving a motor vehicle; and
k: such other features as may be specified in the rules for the purposes of verifying or protecting the integrity of the licence.
2: In addition, a driver licence may show the holder's address if the holder requests that those details be shown.
3: A driver licence may not have on it any photographic image, information, or features other than those referred to in subsection (1) or subsection (2).
4: This section applies to licences issued or renewed on or after the date this section comes into force , subject to subsections (4A), (4B), and (4C)
4A: Without limiting subsection (4), subsection (1)(g) applies to all new driver licences, including—
a: renewal of a current driver licence; and
b: renewal of an expired driver licence, whether the holder—
i: was previously suspended or disqualified; or
ii: failed to renew his or her driver licence on expiry; and
c: a replacement driver licence.
4B: Despite subsections (1)(g) and (4),—
a: in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and
b: in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and
c: in the case of a learner licence or restricted licence issued under Part 4
4C: Subsection (4B)(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.
5: The Agency
a: must store the photographic image used for each licence until the licence expires; and
b: may store the photographic image used for each licence after the licence has expired. Section 28(1)(g) amended 16 January 2006 section 14(1) Land Transport Amendment Act 2005 Section 28(4) amended 16 January 2006 section 14(2) Land Transport Amendment Act 2005 Section 28(4A) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(4B) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(4C) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(5) replaced 22 August 2017 section 40 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 28(5) amended 1 September 2020 section 35 Land Transport (NZTA) Legislation Amendment Act 2020
28A: Transitional provisions for photographic driver licences
Despite section 28(1)(g) and (4) Part 12 Section 28A inserted 16 January 2006 section 15 Land Transport Amendment Act 2005
29: Certain driver licences have no effect
1: A driver licence has no effect if—
a: a person is disqualified from holding, or unqualified to hold, a driver licence:
b: the licence is invalid or is issued invalidly:
c: the licence is revoked, cancelled, superseded, or replaced:
d: the licence is for the time being suspended under any Act.
2: An authority to drive vehicles of a specified class that is conferred by part of a driver licence or an endorsement on a driver licence has no effect if—
a: the person who obtained the authority is not qualified to drive, or is disqualified from driving, vehicles of that class; or
b: the relevant part of the licence or the endorsement is for the time being suspended, or has been revoked, under any Act. Section 29(1) substituted 10 May 2011 section 13 Land Transport (Road Safety and Other Matters) Amendment Act 2011
29A: Persons convicted of specified serious offences prohibited from holding
1: A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold
2: A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.
3: Despite subsection (1), a person may hold a passenger endorsement if—
a: the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and
b: the Director section 29B(2)(b)
i: be contrary to the public interest; and
ii: pose an undue risk to public safety or security.
4: For the purposes of this section,— imprisonment
a: corrective training; or
b: borstal training; or
c: detention centre training specified serious offence
a: murder; or
b: a sexual crime under Part 7 section 144A section 144C
c: an offence against any of the following sections of the Crimes Act 1961
i: section 173
ii: section 174
iii: section 175
iv: section 176
v: section 188
vi: section 189(1)
vii: section 191
viii: section 198
ix: section 199
x: section 200(1)
xi: section 201
xii: section 208
xiii: section 209
xiv: section 210
xv: section 234
xvi: section 235
xvii: section 236
d: an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c). Section 29A inserted 16 January 2006 section 16 Land Transport Amendment Act 2005 Section 29A heading amended 21 March 2006 section 4(1) Land Transport Amendment Act 2006 Section 29A(1) amended 21 March 2006 section 4(2) Land Transport Amendment Act 2006 Section 29A(3) substituted 21 March 2006 section 4(3) Land Transport Amendment Act 2006 Section 29A(3)(b) amended 1 April 2021 section 36 Land Transport (NZTA) Legislation Amendment Act 2020 Section 29A(3)(b) amended 20 September 2007 section 4 Land Transport Amendment Act 2007 Section 29A(4) added 21 March 2006 section 4(3) Land Transport Amendment Act 2006
29B: Passenger endorsement may be reinstated in certain cases
1: A person who has a conviction for a specified serious offence may apply to the Director
a: the person's passenger endorsement—
i: is deemed to be expired and of no effect under section 29A(2)
ii: expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and
b: the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4)
2: If an application is made under subsection (1), the Director
a: may reinstate the applicant's passenger endorsement if satisfied that allowing the applicant to hold a passenger endorsement would not—
i: be contrary to the public interest; and
ii: pose an undue risk to public safety or security; and
b: must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—
i: the sentence imposed for the applicant's last conviction for a specified serious offence; and
ii: the length of time since the applicant's last conviction for a specified serious offence; and
iii: the nature and circumstances of each specified serious offence for which the applicant has been convicted; and
iv: any other convictions that the applicant has; and
v: the general safety criteria set out in section 30C
vi: any other matters that the Director
3: If the Director section 29A(3) Director’s
4: If the Director section 29A(3)
5: For the purposes of this section,— imprisonment section 29A(4) specified serious offence section 29A(4) Section 29B substituted 21 March 2006 section 5(1) Land Transport Amendment Act 2006 Section 29B(1) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(2) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(2)(b)(vi) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(3) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(3) amended 1 April 2021 section 37(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(4) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020
30: Driver licences are property of
Agency surrendered in certain circumstances
1: Driver licences are the property of the Agency section 19 or subsection (4B) Agency or the Director (4A)
2: The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Agency or the Director
a: the licence is suspended or revoked under any Act; or
b: the suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.
3: If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a constable Agency
3A: If an enforcement officer has suspended a person's driver licence in accordance with section 90(2)
4: A person who receives a driver licence under subsection (3) , (3A), (4A)(b) or (c), or (4B) Agency
4A: The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—
a: the Agency
b: a person appointed by the Agency or the Director
c: a constable
4B: A person on whom a driver licence stop order is imposed must,—
a: if the order is served in a way other than that described in section 91B(1)(a) the District Court
b: if the order is served in the way described in section 91B(1)(a)
5: The Director sections 82A 83 105(6A)
a: issue a new driver licence to the person when the disqualification or suspension expires or is removed; or
b: in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or
c: in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or
d: in the case where a court authorises the issue of a limited licence, issue a limited licence to the person. Section 30 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30 heading amended 22 June 2005 section 17(1) Land Transport Amendment Act 2005 Section 30(1) amended 1 April 2021 section 38(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(1) amended 1 November 2013 section 5(1) Land Transport Amendment Act 2011 Section 30(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(1) amended 22 June 2005 section 17(2) Land Transport Amendment Act 2005 Section 30(2) amended 1 April 2021 section 38(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 30(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(3A) inserted 20 September 2007 section 5(1) Land Transport Amendment Act 2007 Section 30(4) amended 1 November 2013 section 5(2) Land Transport Amendment Act 2011 Section 30(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4) amended 20 September 2007 section 5(2) Land Transport Amendment Act 2007 Section 30(4A) inserted 22 June 2005 section 17(3) Land Transport Amendment Act 2005 Section 30(4A)(b) amended 1 April 2021 section 38(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(4A)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4A)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4A)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 30(4B) inserted 1 November 2013 section 5(3) Land Transport Amendment Act 2011 Section 30(4B)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 30(5) substituted 10 May 2011 section 14 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30(5) amended 1 April 2021 section 38(4) Land Transport (NZTA) Legislation Amendment Act 2020
4A: Transport services licensing
Part 4A inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
1: Primary responsibilities of holders of transport service licences
Subpart 1 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30A: Requirements for vehicles
1: A holder of a transport service licence must ensure that—
a: every vehicle to be used in any legislation (including bylaws)
b: no vehicle is used in any legislation (including bylaws)
2: The holder of any transport service licence must, whenever required to do so by the Director transport service vehicle used in the service
2A: The driver of a small passenger service vehicle must, whenever required to do so by the Director
3: No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.
4: No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Director
5: Nothing in subsection (1), (3), or (4) applies to a vehicle used in a small passenger service.
6: Nothing in this section applies to—
a: the facilitator of a facilitated cost-sharing arrangement; or
b: a vehicle used in a facilitated cost-sharing arrangement; or
c: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried. 1989 No 74 ss 31 33 Section 30A inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30A(1)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30A(1)(a) amended 1 October 2017 section 62(1) Land Transport Amendment Act 2017 Section 30A(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30A(1)(b) amended 1 October 2017 section 62(1) Land Transport Amendment Act 2017 Section 30A(2) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(2) amended 1 October 2017 section 62(2) Land Transport Amendment Act 2017 Section 30A(2A) inserted 1 October 2017 section 62(3) Land Transport Amendment Act 2017 Section 30A(2A) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(4) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(5) inserted 1 October 2017 section 62(4) Land Transport Amendment Act 2017 Section 30A(6) inserted 1 October 2017 section 62(4) Land Transport Amendment Act 2017
30B: Provision of identification information in Braille
Section 30B repealed 1 October 2017 section 63 Land Transport Amendment Act 2017
2: Fit and proper person test
Subpart 2 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Assessment criteria Heading inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30C: General safety criteria
1: When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director Director
a: in the interests of public safety; or
b: to ensure that the public is protected from serious or organised criminal activity.
2: For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director Director
a: the person's criminal history (if any):
b: any offending by the person in respect of transport-related offences (including any infringement offences):
c: any history of serious behavioural problems:
d: any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
e: any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
f: any other matter that the Director
3: In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director
a: any conviction for an offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Part or corresponding former enactment; or
iii: the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
b: the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.
4: Despite subsection (3), the Director Director 1989 No 74 s 24(1), (2)(d), (3) Section 30C inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30C(1) amended 1 April 2021 section 40(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(2) amended 1 April 2021 section 40(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(2)(f) amended 1 April 2021 section 40(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(3) amended 1 April 2021 section 40(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(4) amended 1 April 2021 section 40(4) Land Transport (NZTA) Legislation Amendment Act 2020
30D: Additional criteria for small passenger service
Without in any way limiting the matters that the Director section 30C(2) Director small passenger service Director
a: any history of serious behavioural problems:
b: any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:
d: any persistent offending of any kind:
e: any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature. 1989 No 74 s 24(2)(a) Section 30D inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30D heading amended 1 October 2017 section 64(1) Land Transport Amendment Act 2017 Section 30D amended 1 April 2021 section 41 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30D amended 1 October 2017 section 64(2) Land Transport Amendment Act 2017
30E: Additional criteria for large passenger service
Without in any way limiting the matters that the Director section 30C(2) Director large passenger service Director
a: any history of serious behavioural problems that indicate a propensity for violence:
b: any offending in respect of offences of violence or sexual offences:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)(b) Section 30E inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30E heading amended 1 October 2017 section 65(1) Land Transport Amendment Act 2017 Section 30E amended 1 April 2021 section 42 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30E amended 1 October 2017 section 65(2) Land Transport Amendment Act 2017
30F: Additional criteria for goods service
Without in any way limiting the matters that the Director section 30C(2) Director Director
a: any criminal activity conducted in the course of any transport service or transport-related business or employment:
b: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)(c) Section 30F inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30F amended 1 April 2021 section 43 Land Transport (NZTA) Legislation Amendment Act 2020 Information requirements Heading inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30G: Director The Director
a: seek and receive any information that the Director
b: consider information obtained from any source. 1989 No 74 s 24(4) Section 30G inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30G heading amended 1 April 2021 section 44(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30G amended 1 April 2021 section 44(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30G(a) amended 1 April 2021 section 44(3) Land Transport (NZTA) Legislation Amendment Act 2020
30H: Director’s If the Director Director section 30I(1) subpart 5 1989 No 74 s 24(5) Section 30H inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30H heading amended 1 April 2021 section 45(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30H amended 1 April 2021 section 45(2) Land Transport (NZTA) Legislation Amendment Act 2020
30I: Non-disclosure by
Director
1: Nothing in section 30H Director
2: If the Director Director
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 49(1)(a)(i)
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) 1989 No 74 s 24(6), (7) Section 30I inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30I heading amended 1 April 2021 section 46(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(1) amended 1 April 2021 section 46(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(2) amended 1 April 2021 section 46(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(2)(a)(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 30I(2)(a)(ii) amended 1 December 2020 section 217 Privacy Act 2020
3: Licensing of transport services
Subpart 3 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30J: Transport service operators must be licensed
A transport service operator may not carry on (or, in relation to a small passenger service operator, facilitate) any of the following transport services unless licensed to do so:
a: a goods service:
b: a large passenger service:
c: a rental service:
d: a small passenger service:
e: a vehicle recovery service. Section 30J replaced 1 October 2017 section 66 Land Transport Amendment Act 2017
30K: Application for transport service licence
1: Every application for a transport service licence must be—
a: made in accordance with the regulations and the rules; and
b: accompanied by the fee (if any) required by the regulations.
2: A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence. 1989 No 74 s 6 Section 30K inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30L: Grant of licence
1: After considering an application for a transport service licence, the Director Director
a: the applicant is a fit and proper person to hold a transport service licence; and
b: any person who is to have, or is likely to have, control of the transport service is a fit and proper person to have such control; and
c: any representative meeting the requirements of subsection (1A)(b) is a fit and proper person to be a representative; and
d: the applicant or any person who is to have control of the transport service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and
e: all relevant requirements of this Act, the regulations, and the rules have been complied with.
1A: The Director Director
a: a person who is to have control of the small passenger service in New Zealand lives in New Zealand; or
b: the small passenger service operator has a representative who lives in New Zealand.
2: In determining whether or not a person is a fit and proper person in relation to any transport service Director subpart 2
3: Subpart 5 1989 No 74 s 8(1), (2) Section 30L inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30L(1) replaced 1 October 2017 section 67(1) Land Transport Amendment Act 2017 Section 30L(1) amended 1 April 2021 section 47(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(1A) inserted 1 October 2017 section 67(1) Land Transport Amendment Act 2017 Section 30L(1A) amended 1 April 2021 section 47(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(2) amended 1 April 2021 section 47(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(2) amended 1 October 2017 section 67(2) Land Transport Amendment Act 2017
30M: Conditions of
goods service licence Despite section 30L(1) and (2) Director Director Director
a: is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but
b: is satisfied that—
i: the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and
ii: the grant of such a licence is not contrary to the public interest. 1989 No 74 s 8(3) Section 30M inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30M heading amended 1 October 2017 section 68 Land Transport Amendment Act 2017 Section 30M amended 1 April 2021 section 48 Land Transport (NZTA) Legislation Amendment Act 2020
30N: Transfer, assignment, or lease of transport service licence prohibited
1: A transport service licence may not be transferred, leased, or assigned to any person.
2: Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—
a: by the personal representative of the deceased or incapacitated person; or
b: by any other person under an arrangement with the personal representative. 1989 No 74 s 26(1), (2) Section 30N inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30O: Term of transport service licence
1: A transport service licence takes effect on the day it is granted and continues in force until it is—
a: surrendered under subsection (2); or
b: deemed to be surrendered under subsection (3); or
c: revoked under section 30S
2: The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Agency or the Director
3: If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.
4: No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:
a: the New Zealand Defence Force
b: Fire and Emergency New Zealand; or
c: the Police; or
d: any emergency service organisation approved by the Director 1989 No 74 ss 3(2) 27 28 Section 30O inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30O(2) amended 1 April 2021 section 49(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30O(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30O(4)(a) amended 11 August 2017 section 50 Land Transport Amendment Act 2017 Section 30O(4)(b) replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 30O(4)(d) amended 1 April 2021 section 49(2) Land Transport (NZTA) Legislation Amendment Act 2020
30P: Driver must have or drive under transport service licence
A transport service driver must, when using a vehicle in a transport service,—
a: have the relevant transport service licence; or
b: drive on behalf of the holder of the relevant transport service licence; or
c: have been facilitated to connect with passengers by a facilitator who holds a small passenger service licence. Section 30P replaced 1 October 2017 section 69 Land Transport Amendment Act 2017
30Q: Records to be kept by facilitator of facilitated cost-sharing arrangement
1: A facilitator of a facilitated cost-sharing arrangement must keep—
a: all records of payments to the driver; and
b: all records of payments made by passengers to the facilitator; and
c: a record of the distance travelled on each trip.
2: The person who keeps the records required under subsection (1) must—
a: keep each record for 12 months from the date it is made; and
b: make all records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by the Director
3: The Director may make copies of records made available under subsection (2)(b). Section 30Q replaced 1 October 2017 section 69 Land Transport Amendment Act 2017 Section 30Q(2)(b) amended 1 April 2021 section 50(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Q(3) replaced 1 April 2021 section 50(2) Land Transport (NZTA) Legislation Amendment Act 2020
30R: Agency Section 30R repealed 1 October 2017 section 69 Land Transport Amendment Act 2017
4: Revocation of transport service licences
Subpart 4 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30S: When
Director
1: The Director Director
a: the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or
b: any person who has control of the transport service is not a fit and proper person to have control of the service; or
c: any representative who lives in New Zealand is not a fit and proper person to be a representative; or
d: any driver is not a fit and proper person.
1A: Subsection (1)(c) does not apply in relation to drivers who are facilitated to connect with passengers under a facilitated cost-sharing arrangement.
2: Subpart 5 1989 No 74 s 11(1) Section 30S inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30S heading amended 1 April 2021 section 51(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30S(1) amended 1 April 2021 section 51(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30S(1)(b) replaced 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1)(c) inserted 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1)(d) inserted 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1A) inserted 1 October 2017 section 70(2) Land Transport Amendment Act 2017
30T: Procedure
Director If the proposed revocation of a licence under section 30S
a: the notice required to be given to the licence holder by section 30W Director
b: the licence must not be revoked where the licence holder complies with any such requirements of the Director 1989 No 74 s 11(2), (3) Section 30T inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30T heading amended 1 April 2021 section 52(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30T amended 1 October 2017 section 71 Land Transport Amendment Act 2017 Section 30T(a) amended 1 April 2021 section 52(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30T(b) amended 1 April 2021 section 52(2) Land Transport (NZTA) Legislation Amendment Act 2020
30U: Suspension of transport service licence
or imposition of conditions
1: The Director or impose conditions on
a: the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules; or
b: the holder of a transport Part 4B
c: the holder of a small passenger service licence does not have—
i: a person with control of the service in New Zealand who lives in New Zealand; or
ii: a representative who lives in New Zealand.
2: A suspension ceases immediately when the Director
2A: Any conditions imposed are immediately removed when the Director
3: Subpart 5
4: Subpart 5 1989 No 74 s 18(4), (5) Section 30U inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30U heading amended 1 September 2020 section 53(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1) replaced 1 October 2017 section 72 Land Transport Amendment Act 2017 Section 30U(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1) amended 1 September 2020 section 53(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1)(b) amended 1 September 2020 section 53(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2) replaced 1 October 2017 section 72 Land Transport Amendment Act 2017 Section 30U(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2A) inserted 1 September 2020 section 53(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2A) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(4) inserted 1 September 2020 section 53(5) Land Transport (NZTA) Legislation Amendment Act 2020
5: Adverse decisions
Subpart 5 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30V: Interpretation
In sections 30W to 30Y adverse decision Director
a: that a person is not a fit and proper person under subpart 2
b: to refuse to grant a transport service licence under section 30L
c: to grant a licence on conditions under section 30M
d: to revoke a transport service licence under section 30S
e: to suspend or impose conditions on section 30U
f: to disqualify—
i: a transport service driver under section 87A
ii: a transport service licence holder or person in control of a transport service under section 87B affected licence holder person directly affected section 106 person on the basis of whose character the adverse decision arises Director 1989 No 74 s 25(1) Section 30V inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30V adverse decision replaced 1 October 2017 section 73(1) Land Transport Amendment Act 2017 Section 30V adverse decision amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30V adverse decision amended 1 September 2020 section 54 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30V affected licence holder amended 1 October 2017 section 73(2) Land Transport Amendment Act 2017 Section 30V person on the basis of whose character the adverse decision arises amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
30W: Director
1: If the Director Director
a: notify the person directly affected of the proposed decision; and
b: subject to subsection (3), inform that person of the grounds for the proposed decision; and
c: specify a date by which submissions may be made to the Director
d: if appropriate, specify the date on which the proposed decision will, unless the Director
e: notify the person of the person's right of appeal under section 106 Director
f: specify such other matters as in any particular case may be required by this Act or any other Act.
2: If the Director Director
a: must also supply a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:
ii: any affected licence holder, if the Director
b: may supply a copy of the notice to any other affected licence holder.
3: No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H
a: the notice or copy is supplied to the person to whom the information relates; or
b: that person consents to the supply of that information to any other person. 1989 No 74 s 25(2)–(4) Section 30W inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30W heading amended 1 April 2021 section 55(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)(c) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)(d) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)(e) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(2) amended 1 April 2021 section 55(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(2)(a)(ii) amended 1 April 2021 section 55(3) Land Transport (NZTA) Legislation Amendment Act 2020
30X: Procedure for consideration of information
If any notice or copy of a notice is given to any person under section 30W
a: it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Director Director Director
b: the Director Director Director
c: the Director 1989 No 74 s 25(5) Section 30X inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30X(a) amended 1 April 2021 section 56(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30X(b) amended 1 April 2021 section 56(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30X(c) amended 1 April 2021 section 56(3) Land Transport (NZTA) Legislation Amendment Act 2020
30Y: Director’s After considering the matters referred to in section 30X(c) Director
a: finally determine whether or not to make the proposed adverse decision; and
b: as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a)
i: the Director’s
ii: if appropriate, the date on which the decision will take effect; and
iii: if appropriate, the right of appeal under section 106 1989 No 74 s 25(6) Section 30Y inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30Y heading amended 1 April 2021 section 57(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Y amended 1 April 2021 section 57(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Y(b)(i) amended 1 April 2021 section 57(3) Land Transport (NZTA) Legislation Amendment Act 2020
4B: Work time and logbooks
Part 4B inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30Z: Application of Part
Nothing in this Part applies in relation to—
a: a vehicle used in a facilitated cost-sharing arrangement; or
b: any rail service vehicle. Section 30Z replaced 1 October 2017 section 74 Land Transport Amendment Act 2017
30ZA: Director
1: If the Director section 168D(3) Director the Director
a: with respect to subpart 1
b: with respect to subpart 2
c: approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for specified
2: A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Director
3: The Director Director
4: Before approving an alternative fatigue management scheme under subsection (1)(c), the Director 1962 No 135 s 70B(4) Section 30ZA inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZA heading amended 1 April 2021 section 58(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(1) amended 1 April 2021 section 5 Regulatory Systems (Transport) Amendment Act 2021 Section 30ZA(1) amended 1 April 2021 section 58(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30ZA(1)(c) amended 7 August 2011 section 16 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZA(2) amended 1 April 2021 section 58(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(3) amended 1 April 2021 section 58(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(4) amended 1 April 2021 section 58(5) Land Transport (NZTA) Legislation Amendment Act 2020
1: Work time
Subpart 1 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZB: Application of subpart
1: This subpart applies if, in a cumulative work period, a driver drives a vehicle that—
a: requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or
c: is used to carry goods for hire or reward.
2: Subsection (1) applies whether or not the vehicle is—
a: engaged in any transport service; or
b: carrying any load or passengers.
3: Subsection (1) does not apply to the driver of a goods service vehicle that—
a: requires a class 2 licence (as specified in the rules); and
b: is used within a 50 km radius of the vehicle's normal base of operation; and
c: is not used for hire or reward.
4: This section is subject to section 30Z Section 30ZB substituted 7 August 2011 section 17 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZB(4) inserted 1 October 2017 section 75 Land Transport Amendment Act 2017
30ZC: Limits on work time
1: A driver subject to this subpart—
a: may not exceed the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA
b: must comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA
2: In any cumulative work day, a driver—
a: may not exceed 13 hours of work time; and
b: must have at least 10 hours of continuous rest time.
3: In any cumulative work period, a driver may not exceed 70 hours of work time.
4: To avoid doubt, the rules may extend the limits for a cumulative work day or period for a specified activity or service.
5: This section does not apply to a driver of an ambulance service or a fire brigade Section 30ZC substituted 7 August 2011 section 17 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZC(5) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
30ZD: Records must be kept
1AA: Subsection (1) applies to—
a: a person who employs a person to drive a vehicle referred to in section 30ZB
b: a self-employed driver who drives a vehicle referred to in section 30ZB
c: a facilitator who facilitates a driver who drives a vehicle referred to in section 30ZB
1: A person to whom this section applies must keep all—
a: time records, records of payments to the driver, and employment or contractual records relating to the driver; and
b: accommodation records and receipts for the driver that are relevant to the driver’s transport service or transport service vehicle; and
c: fuel records and receipts for the relevant transport service vehicles.
2: The person who keeps the records required under subsection (1) must—
a: keep each record for 12 months from the date it is made; and
b: make all relevant records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.
3: Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records. 1962 No 135 s 70B(6), (6A) Section 30ZD inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZD(1AA) inserted 1 October 2017 section 76(1) Land Transport Amendment Act 2017 Section 30ZD(1) replaced 1 October 2017 section 76(1) Land Transport Amendment Act 2017 Section 30ZD(2)(b) replaced 1 October 2017 section 76(2) Land Transport Amendment Act 2017
2: Logbooks
Subpart 2 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZE: Application of subpart
1: This subpart applies if, in a cumulative work period,—
a: a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: a driver drives a vehicle that is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or
c: a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.
2: Despite subsection (1), this subpart—
a: applies whether or not the vehicle is—
i: engaged in any transport service; or
ii: carrying any load or passengers; but
b: does not apply to a driver of a goods service vehicle that—
i: requires a class 1 or class 2 licence (as specified in the rules); and
ii: is used within a 50 km radius of the vehicle's normal base of operation; and
iii: is not used for hire or reward.
3: This section is subject to section 30Z Section 30ZE inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZE(3) inserted 1 October 2017 section 77 Land Transport Amendment Act 2017
30ZF: Drivers must maintain logbooks
Unless exempted under section 30ZA(1)
a: manner prescribed by the rules; and
b: form approved by the Agency 1962 No 135 s 70C(1) Section 30ZF inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZF(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
30ZG: Director The Director Section 30ZG inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZG heading amended 1 April 2021 section 59(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZG amended 1 April 2021 section 59(2) Land Transport (NZTA) Legislation Amendment Act 2020
30ZH: Duties regarding logbooks
1: A driver must—
a: retain a logbook required to be maintained by that driver under section 30ZF 12 months
b: in the case of a driver who is an employee , or who is driving on behalf of a transport service operator, or who is facilitated to connect with passengers by a small passenger service operator, or transport service operator or transport service operator 12 months
1A: Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1)
2: A driver must—
a: carry a logbook with him or her at all times when driving a vehicle to which section 30ZE
b: produce, on demand by any enforcement officer and without delay, any logbook that—
i: the driver is required to maintain; and
ii: relates to—
A: the day of the driver's last rest time of at least 24 hours; and
B: all the days since that rest time.
3: If the form of the logbook required to be maintained under section 30ZF
a: to remove that identical copy; or
b: if that identical copy has previously been removed or is illegible, to make a copy of that logbook.
4: A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, records of payments to the driver, and employment or contractual records relating to the driver
5: A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records. 1962 No 135 s 70C(5)–(7A) Section 30ZH inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZH(1)(a) amended 17 December 2016 section 59 Statutes Amendment Act 2016 Section 30ZH(1)(b) amended 1 October 2017 section 78(1)(a) Land Transport Amendment Act 2017 Section 30ZH(1)(b) amended 1 October 2017 section 78(1)(b) Land Transport Amendment Act 2017 Section 30ZH(1)(b) amended 1 October 2017 section 78(1)(c) Land Transport Amendment Act 2017 Section 30ZH(1)(b) amended 17 December 2016 section 59 Statutes Amendment Act 2016 Section 30ZH(1A) inserted 1 August 2012 section 94 Road User Charges Act 2012 Section 30ZH(2)(a) amended 1 October 2007 section 6 Land Transport Amendment Act 2007 Section 30ZH(4) amended 1 October 2017 section 78(2) Land Transport Amendment Act 2017
3: Evidence in proceedings
Subpart 3 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZI: Evidence in proceedings for offences against subpart 1 or subpart 2
1: In proceedings for an offence against subpart 1 subpart 2
a: evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b)
b: an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3)
2: In any proceedings in respect of an offence against subpart 1 section 30ZF 1962 No 135 s 70D(8), (9) Section 30ZI inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
5: Offences relating to driving (other than
alcohol- and drug-related Part 5 heading amended 11 March 2023 section 7 Land Transport (Drug Driving) Amendment Act 2022 Offences relating to driver licensing
31: Contravention of
section 5(1)(a) or (b) or (4) or 30(2), (3), (3A), (4A), or (4B)
1: A person commits an offence if the person—
a: drives a motor vehicle on a road—
i: with an expired driver licence; or
ii: without an appropriate driver licence; or
b: drives a motor vehicle contrary to the conditions of his or her driver licence; or
c: is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer; or
d: fails to surrender or return his or her driver licence to—
i: the Agency, a person appointed by the Agency, a court, a constable, or an enforcement officer when required to do so by section 30(2), (3), (3A), or (4A)
ii: an employee or agent of the Ministry of Justice, or an enforcement officer, when required to do so by section 30(4B)(b)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000. 1986 No 6 s 37(3), (4) Section 31 heading amended 14 November 2018 section 148(1) Courts Matters Act 2018 Section 31(1)(a) substituted 22 June 2005 section 20(2) Land Transport Amendment Act 2005 Section 31(1)(d) replaced 14 November 2018 section 148(2) Courts Matters Act 2018
32: Contravention of section 5(1)(c)
1: A person commits an offence if the person drives a motor vehicle on a road—
a: while disqualified from holding or obtaining a driver licence; or
b: contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence
c: while his or her driver licence is suspended or revoked.
2: Nothing in subsection (1) applies to any person—
a: who has been ordered by a court to attend an approved driving improvement course under section 92(1) Director section 99A approved by the Director
b: who, in the course of his or her attendance at that course or programme
i: in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5
ii: in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5
3: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b)
4: If a person is convicted of a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences),—
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
4A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (4)(b) does not apply and section 65AH(3)(b)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Transport Act 1962
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2B), (4) 35(1), (1A) Section 32(1)(b) amended 10 September 2012 section 18(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 32(2)(a) amended 1 April 2021 section 60 Land Transport (NZTA) Legislation Amendment Act 2020 Section 32(2)(a) amended 10 September 2012 section 18(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 32(2)(a) amended 16 January 2006 section 21(1) Land Transport Amendment Act 2005 Section 32(2)(b) amended 16 January 2006 section 21(2) Land Transport Amendment Act 2005 Section 32(2)(b)(i) substituted 16 January 2006 section 21(3) Land Transport Amendment Act 2005 Section 32(2)(b)(ii) substituted 16 January 2006 section 21(3) Land Transport Amendment Act 2005 Section 32(3A) inserted 1 July 2018 section 6(1) Land Transport Amendment Act 2017 Section 32(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 32(4A) inserted 1 July 2018 section 6(2) Land Transport Amendment Act 2017 Section 32(6) replaced 1 July 2018 section 6(3) Land Transport Amendment Act 2017
33: Contravention of section 5(2) or (3)
1: A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.
1A: Subsection (1) does not apply in relation to—
a: an application for an alcohol interlock licence made in accordance with an alcohol interlock sentence; or
b: an application for a zero alcohol licence made in accordance with section 65B
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) does not apply and section 65AH(3)(b)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)(a) 34 50 Section 33(1A) inserted 1 July 2018 section 7(1) Land Transport Amendment Act 2017 Section 33(2A) inserted 1 July 2018 section 7(2) Land Transport Amendment Act 2017 Section 33(3) replaced 1 July 2018 section 7(3) Land Transport Amendment Act 2017
33A: Offence to operate as driving instructor without authorisation
1: A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000. Section 33A inserted 22 June 2005 section 22 Land Transport Amendment Act 2005 Offences relating to driving (other than offences involving alcohol or drugs Heading amended 11 March 2023 section 8 Land Transport (Drug Driving) Amendment Act 2022
34: Contravention of section 6
1: A person commits an offence if the person—
a: operates an unsafe motor vehicle on a road; or
b: operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or
c: fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 ss 79(8) 79B(6) SR 1976/227 rr 80 85
35: Contravention of section 7, or section 22 where no injury or death involved
1: A person commits an offence if the person—
a: operates a motor vehicle recklessly on a road; or
b: drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
c: without reasonable excuse, contravenes section 22
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) does not apply and section 65AH(3)(b)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)(d) 57 65(5) Section 35(2A) inserted 1 July 2018 section 8(1) Land Transport Amendment Act 2017 Section 35(3) replaced 1 July 2018 section 8(2) Land Transport Amendment Act 2017
36: Contravention of section 7 or section 22 involving injury
1: A person commits an
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to
b: drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to
c: without reasonable excuse, contravenes section 22
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(1), (2A)(b), (d) 55(1) 65(4) Section 36 heading amended 10 May 2011 section 19(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(1) substituted 22 June 2005 section 23 Land Transport Amendment Act 2005 Section 36(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(1)(a) amended 10 May 2011 section 19(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(1)(b) amended 10 May 2011 section 19(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(2A) inserted 1 July 2018 section 9(1) Land Transport Amendment Act 2017 Section 36(3) replaced 1 July 2018 section 9(2) Land Transport Amendment Act 2017
36AA: Contravention of section 7 by causing death of another person
1: A person commits an
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or
b: drives or causes a motor vehicle to be driven at a speed or in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person and, by that act or omission, causes the death of another person.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 Section 36AA inserted 10 May 2011 section 20 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36AA(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36AA(2A) inserted 1 July 2018 section 10(1) Land Transport Amendment Act 2017 Section 36AA(3) replaced 1 July 2018 section 10(2) Land Transport Amendment Act 2017
36A: Contravention of section 22A
1: A person commits an offence if the person—
a: operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road—
i: any petrol, oil, or diesel fuel; or
ii: any other substance likely to cause a vehicle to undergo loss of traction; or
c: without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
2: A person who commits an offence against subsection (1)(a) or (c) and by that act or omission causes an injury to another person—
a: is liable on conviction to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3: A person who commits an offence against subsection (1)(a) or (c) and by the act or omission causes the death of another person—
a: is liable on conviction to imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
3A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
4: A person who commits an offence against subsection (1)(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction section 35(2) , (2A),
5: A person who commits an offence against subsection (1)(b) is liable on conviction
6: The imposition of a mandatory disqualification under this section is subject to section 81 Section 36A inserted 2 May 2003 section 6 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 36A(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(2A) inserted 1 July 2018 section 11(1) Land Transport Amendment Act 2017 Section 36A(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(3A) inserted 1 July 2018 section 11(2) Land Transport Amendment Act 2017 Section 36A(4) amended 1 July 2018 section 11(3) Land Transport Amendment Act 2017 Section 36A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(6) replaced 1 July 2018 section 11(4) Land Transport Amendment Act 2017
36AB: Contravention of sections 7 and 114
Section 36AB repealed 11 August 2017 section 39 Land Transport Amendment Act 2017
36B: Contravention of section 22B or section 22C
1: A person commits an offence if the person—
a: uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or
b: uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
c: uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or
d: fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
3: For the purposes of this section, public place section 22B(3) Section 36B inserted 16 January 2006 section 24 Land Transport Amendment Act 2005
37: Contravention of section 8
1: A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is a fine not exceeding $3,000; and
b: the court may order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit. 1962 No 135 ss 30AA(6) 60
38: Contravention of section 8 causing injury or death
1: A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.
1A: A person commits an offence if—
a: the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and
b: by that act or omission, causes an injury to or the death of another person.
2: If a person is convicted of an offence against subsection (1) or subsection (1A)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) or (1A) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)(b) 56(1) Section 38(1A) inserted 22 June 2005 section 25(1) Land Transport Amendment Act 2005 Section 38(2) amended 22 June 2005 section 25(2) Land Transport Amendment Act 2005 Section 38(2A) inserted 1 July 2018 section 12(1) Land Transport Amendment Act 2017 Section 38(3) replaced 1 July 2018 section 12(2) Land Transport Amendment Act 2017
39: Aggravated careless use of vehicle causing injury or death
1: A person commits an
a: driving the motor vehicle at a speed exceeding the applicable speed limit; or
b: driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2), (2A) 56(1A) Section 39(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39(2A) inserted 1 July 2018 section 13(1) Land Transport Amendment Act 2017 Section 39(3) replaced 1 July 2018 section 13(2) Land Transport Amendment Act 2017 Offences relating to rules
40: Contravention of ordinary rules
1: A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167
2: If a person is convicted of an offence referred to in subsection (1), the person is liable to the applicable penalty set out in the regulations. 1993 No 88 s 30
41: Contravention of emergency rules
1: A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum fine for an individual is $2,000:
b: the maximum fine for a body corporate is $10,000. 1993 No 88 s 30 Loading offences
42: Failure to secure load
1: A person operating a motor vehicle on a road , and any person loading that vehicle,
2: If a person is convicted of an offence against subsection (1),—
a: the maximum fine for an individual is $2,000 and the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit:
b: the maximum fine for a body corporate is $10,000. 1962 No 135 s 70(1) Section 42(1) amended 22 June 2005 section 26 Land Transport Amendment Act 2005
43: Overloading and over-dimension offences
1: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches any of the following:
a: the prescribed maximum mass limits for axles:
b: the prescribed maximum mass limits for axle sets:
c: the prescribed maximum mass limits for groups of axles:
d: the prescribed maximum gross mass limits for motor vehicles.
2: Separate offences are committed in respect of every axle, axle set, group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles if the mass on that axle or those axles exceeds the relevant prescribed maximum gross mass limit or prescribed maximum mass limit.
3: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches the prescribed requirements in relation to dimensions.
4: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.
5: If a person commits an infringement offence against this section, the person must pay the penalty prescribed by the regulations. Section 43 replaced 11 August 2017 section 51 Land Transport Amendment Act 2017
43A: Courts may impose appropriate fines for infringement offences that are not overloading offences
A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence. Section 43A inserted 22 June 2005 section 27 Land Transport Amendment Act 2005 Other offences
44: Contravention of section 14
1: A person commits an offence if the person is required by or under this Act to give any specified information or gives a statutory declaration for any purpose under this Act, and, in response to that requirement, or in that declaration, gives information that the person knows to be false or misleading.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: Nothing in this section affects section 111 1962 No 135 s 41B(7)
45: Contravention of section 17
1: A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 s 192B
46: Contravention of section 20
1: A person commits an offence if the person, without reasonable excuse,—
a: conducts a traffic survey to which section 20 Agency
b: fails to comply with any condition or direction given under section 20
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 ss 30 193 Section 46(1)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
47: Contravention of section 22(2), (3), (4), or (5)
1: A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2)
2: A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3)
3: A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5)
4: The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000. Section 47 substituted 22 June 2005 section 28 Land Transport Amendment Act 2005
48: Contravention of section 92(4)
1: A person commits an offence if the person, without reasonable excuse, fails to—
a: attend a driving improvement course or dangerous goods course in accordance with section 92(4)
b: complete a driving improvement course or dangerous goods course in accordance with section 92(4)
c: pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. Section 48(1) replaced 10 September 2012 section 23 Land Transport (Road Safety and Other Matters) Amendment Act 2011
49: Contravention of section 97(5) or (6)
1: A person commits an offence if—
a: the person, without reasonable excuse and acting without authority under this Act, removes or releases from storage a motor vehicle impounded under any of sections 96 96A 122 123 249
b: the person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of sections 96 96A 122 123 249
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000. Section 49(1)(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 49(1)(a) amended 1 October 2007 section 29(1) Land Transport Amendment Act 2005 Section 49(1)(b) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 49(1)(b) amended 1 October 2007 section 29(2) Land Transport Amendment Act 2005
50: Contravention of section 117(2)
1: A person commits an offence if the person fails or refuses to release immediately a motor vehicle to another person when required to do so by section 117(2)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.
51: Contravention of section 198(4)
1: A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
52: Contravening notices, requirements, etc, given or imposed by enforcement officers
1: A person commits an offence if the person—
aa:
a: removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115 or (if the notice was given under section 96(1B) section 102(3)(b) section 110(3)(a)(ii) or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules
b: drives a vehicle to which a notice under section 115 applies (other than when driving in compliance with a condition imposed under subsection (4) or subsection (5) of that section or under section 96(1D)
c: fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer (except for any described in section 52A
d: whether or not he or she is the person to whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3:
4:
5:
6: A person commits an offence if the person, in response to any request for information by an enforcement officer under section 118
a: fails or refuses to provide information; or
b: provides false or misleading information.
7: The maximum penalty on conviction for an offence against subsection (6) is a fine not exceeding $20,000.
8: If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000. 1962 No 135 ss 30AA(5), (7) 70A(2)(b) Section 52(1)(aa) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(1)(a) amended 16 January 2006 section 30(2) Land Transport Amendment Act 2005 Section 52(1)(a) amended 2 May 2003 section 7(a) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 52(1)(b) amended 2 May 2003 section 7(b) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 52(1)(c) amended 11 August 2017 section 40(2) Land Transport Amendment Act 2017 Section 52(3) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(4) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(5) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(6) replaced 11 August 2017 section 40(3) Land Transport Amendment Act 2017 Section 52(7) added 1 December 2009 section 12 Land Transport (Enforcement Powers) Amendment Act 2009 Section 52(8) added 1 December 2009 section 12 Land Transport (Enforcement Powers) Amendment Act 2009
52A: Contravention of section 114
1: A person commits an offence if the person—
a: is the driver of a vehicle that fails to stop—
i: as soon as practicable when signalled or requested to stop under section 114(1)
ii: when required to stop under section 114(2)
b: is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A) or (3)(a)
c: fails or refuses to provide information or provides false or misleading information in response to a demand for information made by an enforcement officer under section 114(3)(b)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: If a person is convicted of a first offence against subsection (1)(a) or (b) and committed the offence while exceeding the applicable speed limit or operating a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 6 months.
4: If a person is convicted of a second offence against subsection (1), a court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.
5: If a person is convicted for a third or subsequent offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 2 years.
6: A disqualification ordered under subsection (3), (4), or (5) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the facts that gave rise to the person’s conviction for an offence described in subsection (1).
7: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then in relation to that alcohol interlock sentence—
a: section 65AH(3)
b: the mandatory disqualification in subsection (3), (4), or (5) is the period of disqualification for the purposes of section 65AE(d)
8: Subsection (6) does not apply to offending that occurs after the facts that gave rise to the person’s conviction for an offence described in subsection (1). Section 52A inserted 11 August 2017 section 41 Land Transport Amendment Act 2017
53: Obstruction of enforcement officer or dangerous goods enforcement officer
1: A person commits an offence if the person, without reasonable excuse, obstructs or hinders, or incites any other person to obstruct or hinder, an enforcement officer or dangerous goods enforcement officer in the execution of his or her functions or powers under this Act.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. 1962 No 135 s 80(2)(a)
54: Personation of enforcement officer
1: A person commits an offence if the person (other than an enforcement officer or a dangerous goods enforcement officer), without reasonable excuse, by words, conduct, or demeanour pretends to be an enforcement officer or a dangerous goods enforcement officer, or puts on or assumes the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: Subsection (1) does not affect section 48 1962 No 135 s 192A Section 54(3) amended 1 October 2008 section 130(1) Policing Act 2008
55: Tampering with vehicle surveillance equipment
1: A person commits an offence if the person—
a: tampers with approved vehicle surveillance equipment; or
b: interferes with—
i: approved vehicle surveillance equipment; or
ii: the operation of approved vehicle surveillance equipment.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000. 1962 No 135 s 42(2)
55A: Offences concerning alcohol interlock devices
1: This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an alcohol interlock sentence
2: If this section applies,—
a: the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or
b: the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an alcohol interlock sentence
3: It is a defence to proceedings for an offence against subsection (2)(a) if the person who holds an alcohol interlock licence establishes that the person—
a: did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an alcohol interlock sentence
b: was not involved in the commission of the offence against subsection (2)(b).
4: The maximum penalty on conviction for an offence against subsection (2)(a) or (b) is a fine not exceeding $3,000. Section 55A inserted 10 September 2012 section 24 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 55A(1) amended 1 July 2018 section 14(1) Land Transport Amendment Act 2017 Section 55A(2)(b) amended 1 July 2018 section 14(2) Land Transport Amendment Act 2017 Section 55A(3)(a) amended 1 July 2018 section 14(2) Land Transport Amendment Act 2017
6: Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties
56: Contravention of specified breath or blood-alcohol limit
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
1A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
2: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73
2A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72(1)(b) to (e) 73
2B: A person commits an infringement offence if—
a: the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69
b: analysis of a blood specimen subsequently taken from the person under section 72(1)(a)
3: If a person is convicted of a first or second offence against subsection (1) or subsection (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3A: The mandatory disqualification in subsection (3)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
4: If a person is convicted of a third or subsequent offence against subsection (1) or (2) or any of sections 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) or (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
4A: The mandatory disqualification in subsection (4)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2) 58(1)(a), (c) Section 56(1A) inserted 1 December 2014 section 5(1) Land Transport Amendment Act (No 2) 2014 Section 56(2A) inserted 1 December 2014 section 5(2) Land Transport Amendment Act (No 2) 2014 Section 56(2B) inserted 1 December 2014 section 5(2) Land Transport Amendment Act (No 2) 2014 Section 56(3A) inserted 1 July 2018 section 15(1) Land Transport Amendment Act 2017 Section 56(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(4) amended 11 March 2023 section 9 Land Transport (Drug Driving) Amendment Act 2022 Section 56(4A) replaced 1 July 2018 section 15(2) Land Transport Amendment Act 2017 Section 56(6) replaced 1 July 2018 section 15(3) Land Transport Amendment Act 2017
57: Contravention of specified breath or blood-alcohol limit by person younger than 20
1: A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
1A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
2: A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73
2A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
3: If a person commits an offence against subsection (1) or subsection (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.
4: The mandatory disqualification in subsection (3)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2A) 58(1)(f), (g) Section 57(1A) inserted 7 August 2011 section 25(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57(2A) inserted 7 August 2011 section 25(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57(4) replaced 1 July 2018 section 16 Land Transport Amendment Act 2017 Section 57(5) inserted 1 July 2018 section 16 Land Transport Amendment Act 2017
57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
1: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 69 250
2: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 72 73 50
3: If a person is convicted of an offence against subsection (1) or (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.
3A: The mandatory disqualification in subsection (3)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
4: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 69 250
5: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 72 73 50
6: If a person is convicted of an offence against subsection (4) or (5),—
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
7: The mandatory disqualification in subsection (6)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
8: The imposition of a mandatory disqualification under this section is subject to section 81 Section 57AA inserted 10 September 2012 section 26 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57AA(1) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(2) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(3A) inserted 1 July 2018 section 17(1) Land Transport Amendment Act 2017 Section 57AA(4) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(5) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(7) replaced 1 July 2018 section 17(2) Land Transport Amendment Act 2017 Section 57AA(8) inserted 1 July 2018 section 17(2) Land Transport Amendment Act 2017
57A: Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug
Offence: driving while blood contains evidence of use of 1 qualifying drug
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
b: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains evidence of use of 1 qualifying drug
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of 1 listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; or
b: contains evidence of use of 1 unlisted qualifying drug and the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while oral fluid indicates use of qualifying drug
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
b: the person does not elect to have a blood test in accordance with section 71D Section 57A replaced 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57B: Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs
Offence: driving while blood contains evidence of use of 2 or more qualifying drugs
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: 1 or more of the drugs are listed qualifying drugs and the blood concentration level for 1 or more listed qualifying drugs exceeds the applicable high-risk level:
b: 1 or more of the drugs are unlisted qualifying drugs and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains evidence of use of 2 or more qualifying drugs
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of 2 or more listed qualifying drugs and the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; or
b: contains evidence of use of 2 or more unlisted qualifying drugs and the person was not required to undergo a compulsory impairment test under section 71F
c: contains evidence of use of 1 or more listed qualifying drugs and 1 or more unlisted qualifying drugs and—
i: the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; and
ii: the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while oral fluid indicates use of 2 or more qualifying drugs
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of 2 or more of the same qualifying drugs; and
b: the person does not elect to have a blood test in accordance with section 71D Section 57B inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57C: Driving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug
Offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: the proportion of alcohol in the person’s blood—
i: exceeds 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, exceeds 30 milligrams of alcohol per 100 millilitres of blood; or
iii: if the person holds an alcohol interlock licence or a zero alcohol licence, equals or is less than 50 milligrams of alcohol per 100 millilitres of blood:
b: the drug is a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug:
c: the drug is an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains alcohol and the proportion of alcohol in the person’s blood equals or is less than—
i: 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
b: contains evidence of use of a qualifying drug and,—
i: if the drug is a listed qualifying drug, the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; and
ii: if the drug is an unlisted qualifying drug, the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while blood contains alcohol and oral fluid indicates use of 1 qualifying drug
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if,—
a: as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
i: 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
b: the results of a first oral fluid test and the second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
c: the person does not elect to have a blood test in accordance with section 71D Infringement offence: driving while breath contains alcohol and oral fluid indicates use of 1 qualifying drug
4: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, equals or is less than—
i: 400 micrograms of alcohol per litre of breath; or
ii: if the person is younger than 20, 150 micrograms of alcohol per litre of breath; and
b: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
c: the person does not elect to have a blood test in accordance with section 71D
5: Subsections (2), (3), and (4) do not apply to a person who holds an alcohol interlock licence or a zero alcohol licence ( see section 57AA Section 57C inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57D: Penalties for offences against sections 57A(1), 57B(1), and 57C(1)
1: If a person is convicted of a first or second offence against section 57A(1)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified for 6 months or more from holding or obtaining a driver licence.
2: If a person is convicted of a first or second offence against section 57B(1) 57C(1)
a: the maximum penalty is imprisonment for a term not exceeding 6 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified for 9 months or more from holding or obtaining a driver licence.
3: If a person is convicted of a third or subsequent offence against any of sections 56(1) 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified for more than 1 year from holding or obtaining a driver licence.
4: If an offence against section 57A(1) 57B(1) section 65AH(3)(b)
5: Subsection (3)(b) does not apply if an order is made under section 65
6: For the purposes of this section, a conviction against a provision of the Transport Act 1962
7: The imposition of a mandatory disqualification under this section is subject to section 81 Section 57D inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
58: Contravention of section 12
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.
1A:
2: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: The mandatory disqualification in subsection (2)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
2B: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b)
3: If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1) 57A(1) 57B(1) 57C(1) 60(1) 61(1) and (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
3A: The mandatory disqualification in subsection (3)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3B: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b)
4: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 s 58(1)(e) Section 58(1) replaced 11 March 2023 section 11(1) Land Transport (Drug Driving) Amendment Act 2022 Section 58(1A) repealed 11 March 2023 section 11(1) Land Transport (Drug Driving) Amendment Act 2022 Section 58(2A) inserted 1 July 2018 section 19(1) Land Transport Amendment Act 2017 Section 58(2B) inserted 1 July 2018 section 19(1) Land Transport Amendment Act 2017 Section 58(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(3) amended 11 March 2023 section 11(2) Land Transport (Drug Driving) Amendment Act 2022 Section 58(3A) replaced 1 July 2018 section 19(2) Land Transport Amendment Act 2017 Section 58(3B) inserted 1 July 2018 section 19(2) Land Transport Amendment Act 2017 Section 58(5) replaced 1 July 2018 section 19(3) Land Transport Amendment Act 2017
59: Failure or refusal to remain at specified place or to accompany enforcement officer
1: A person commits an offence if the person—
a: fails or refuses to remain at the place where the person underwent a breath screening test under section 68
b: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69 , 71A 71B 71E 71F 72
c: having accompanied an enforcement officer to a place under a requirement under section 69 71A 71B 71E 71F 72
i: fails or refuses to remain at that place until the person is required either to undergo an evidential breath test, an oral fluid test, a blood test, or a compulsory impairment test
ii: fails or refuses to accompany an enforcement officer to another place under any
d: having undergone an evidential breath test under a requirement under section 69 sections 71A to 71C section 71F
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is a fine not exceeding $4,500; and
b: the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit. 1962 No 135 ss 30AB(3) 58A(4) 58B(5) 58C(5) Section 59(1)(b) amended 11 March 2023 section 12(1) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)(b) amended 1 November 2009 section 9(1) Land Transport Amendment Act 2009 Section 59(1)(c) amended 11 March 2023 section 12(1) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)(c) amended 1 November 2009 section 9(2) Land Transport Amendment Act 2009 Section 59(1)(c)(i) amended 11 March 2023 section 12(2) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)(c)(i) amended 1 November 2009 section 9(3) Land Transport Amendment Act 2009 Section 59(1)(c)(ii) amended 1 November 2009 section 9(4) Land Transport Amendment Act 2009 Section 59(1)(d) replaced 11 March 2023 section 12(3) Land Transport (Drug Driving) Amendment Act 2022
60: Failure or refusal to permit blood specimen to be taken
or to undergo compulsory impairment test
1: A person commits an offence if the person—
a: fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72
b: fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 health practitioner
c: is a person from whom a health practitioner section 73 ; or
d: fails or refuses to undergo a compulsory impairment test under section 71F
2: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: The mandatory disqualification in subsection (2)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3: If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2) 57A(1) 57B(1) 57C(1) 58(1) 61(1) and (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
3A: The mandatory disqualification in subsection (3)(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3B: Subsection (3C) applies to a person who—
a: is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e)
b: when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e)
3C: A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.
4: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2) 58E Section 60 heading amended 1 November 2009 section 10(1) Land Transport Amendment Act 2009 Section 60(1)(b) amended 7 November 2018 section 7(1) Land Transport Amendment Act 2016 Section 60(1)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 60(1)(c) amended 7 November 2018 section 7(2) Land Transport Amendment Act 2016 Section 60(1)(c) amended 1 November 2009 section 10(2) Land Transport Amendment Act 2009 Section 60(1)(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 60(1)(d) added 1 November 2009 section 10(2) Land Transport Amendment Act 2009 Section 60(1)(d) amended 11 March 2023 section 13(1) Land Transport (Drug Driving) Amendment Act 2022 Section 60(2A) inserted 1 July 2018 section 20(1) Land Transport Amendment Act 2017 Section 60(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 60(3) amended 11 March 2023 section 13(2) Land Transport (Drug Driving) Amendment Act 2022 Section 60(3A) replaced 1 July 2018 section 20(2) Land Transport Amendment Act 2017 Section 60(3B) inserted 1 December 2014 section 6 Land Transport Amendment Act (No 2) 2014 Section 60(3C) inserted 1 December 2014 section 6 Land Transport Amendment Act (No 2) 2014 Section 60(5) replaced 1 July 2018 section 20(3) Land Transport Amendment Act 2017
61: Person in charge of motor vehicle causing injury or death
1: A person commits an
a: the proportion of alcohol in the breath of the person in charge, as ascertained by an evidential breath test subsequently undergone by that person under section 69
b: the proportion of alcohol in the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken from that person under section 72 section 73
2: A person commits an
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
i: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
ii: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
c:
2A: To avoid doubt, subsection (2)(b)
3: If a person is convicted of an offence against subsection (1) or (2) that causes bodily injury to another person
a: the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2) section 58(1) section 60(1)
3AA: If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2) 58(1) 60(1)
3A: If a person is convicted of a third or subsequent offence against this section any of sections 56(1) 56(2) 57A(1) 57B(1) 57C(1) 58(1) 60(1)
3B: Subsection (3A) does not apply if an order is made under section 65
3BA: If an alcohol interlock sentence is ordered under section 65AC(1) section 65AE(d) see section 65AD
3BB: If an offence against subsection (2) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b), (3AA)(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
3C: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
4: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(1), (1A) 55(2) Section 61(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(1) amended 16 January 2006 section 34(1) Land Transport Amendment Act 2005 Section 61(2) substituted 1 November 2009 section 11 Land Transport Amendment Act 2009 Section 61(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(2)(b) replaced 11 March 2023 section 14(1) Land Transport (Drug Driving) Amendment Act 2022 Section 61(2)(c) repealed 11 March 2023 section 14(1) Land Transport (Drug Driving) Amendment Act 2022 Section 61(2A) inserted 1 November 2009 section 11 Land Transport Amendment Act 2009 Section 61(2A) amended 11 March 2023 section 14(2) Land Transport (Drug Driving) Amendment Act 2022 Section 61(3) amended 10 May 2011 section 27(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(3)(b) substituted 16 January 2006 section 34(2) Land Transport Amendment Act 2005 Section 61(3AA) inserted 10 May 2011 section 27(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(3A) inserted 16 January 2006 section 34(3) Land Transport Amendment Act 2005 Section 61(3A) amended 11 March 2023 section 14(3) Land Transport (Drug Driving) Amendment Act 2022 Section 61(3B) inserted 16 January 2006 section 34(3) Land Transport Amendment Act 2005 Section 61(3BA) inserted 1 July 2018 section 21(1) Land Transport Amendment Act 2017 Section 61(3BB) inserted 1 July 2018 section 21(1) Land Transport Amendment Act 2017 Section 61(3C) inserted 10 May 2011 section 27(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(4) replaced 1 July 2018 section 21(2) Land Transport Amendment Act 2017
62: Causing injury or death in circumstances to which section 61 does not apply
1: A person commits an section 61
a: while under the influence of drink or a drug, or both; or
b: if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
1A: To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).
1B: A person commits an offence if the person causes bodily injury to, or the death of, a person by driving or attempting to drive a vehicle if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
b: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
2: If a person commits an offence against subsection (1) or (1B)
a: the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
3: Subsection (2)(b) does not apply if an order is made under section 65
4: If an alcohol interlock sentence is ordered under section 65AC(1) section 65AE(d) see section 65AD
5: If an offence against subsection (1) or (1B) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)(a)
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2), (2A) 56(1A)(b) Section 62(1) substituted 1 November 2009 section 12(1) Land Transport Amendment Act 2009 Section 62(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(1)(b) replaced 11 March 2023 section 15(1) Land Transport (Drug Driving) Amendment Act 2022 Section 62(1A) inserted 1 November 2009 section 12(1) Land Transport Amendment Act 2009 Section 62(1B) replaced 11 March 2023 section 15(2) Land Transport (Drug Driving) Amendment Act 2022 Section 62(2) amended 1 November 2009 section 12(2) Land Transport Amendment Act 2009 Section 62(3) replaced 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(4) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(5) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(6) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017
63: Further penalty in certain cases where person driving vehicle used in transport service
1: If a person is convicted of an offence against any of sections 56 to 62
2: This section does not limit the power of a court under any other provision of this Act to disqualify a person for a period exceeding 10 years.
3: This section overrides section 94 (which allows a court to substitute disqualification with a community-based sentence) 1962 No 135 s 30AD Section 63(3) amended 1 July 2018 section 23 Land Transport Amendment Act 2017 Defences
64: Defences
1: It is a defence to proceedings for an offence against section 60 health practitioner
1AA: Subsection (1) is subject to section 60(3B) and (3C)
1A: It is a defence to proceedings for an offence against section 57A(1) or (2) 57B(1) or (2) 57C(1) or (2) 62(1B) qualifying drug
a: in accordance with—
i: a current and valid prescription written for that person by a health practitioner; and
ii: any instructions from a health practitioner or from the manufacturer of the qualifying drug
b: because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.
1AB: It is a defence to proceedings for an offence against section 57A(3) 57B(3) 57C(3) or (4)
a: the person—
i: has a current and valid prescription for the qualifying drug that was written for that person by a health practitioner; and
ii: has complied with the instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug about driving, consuming alcohol or other prescription medicines, or both, while consuming the qualifying drug; or
b: the drug was administered by a health practitioner, and the person complied with the instructions (if any) given by the health practitioner.
1B: It is a defence to proceedings for an offence against section 60(1)(d)
a: a pre-existing medical condition or pre-existing disability that precludes undergoing the test:
b: an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.
2: It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A 77 77A
3: In any proceedings against any person for an offence against section 52(1)(c) section 121(2)
a: the breath screening test or evidential breath test indicated that,—
i: in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's breath did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s breath did not exceed 250
b: any evidence given in respect of the results of a blood test indicates that,—
i: in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's blood did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s blood did not exceed 50
3A: It is no defence to proceedings for an offence against section 60
a: there was or may have been an error in the result of the breath screening test , evidential breath test, or oral fluid test
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
4: It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's breath—
a: that there was or may have been an error in the result of the breath screening test or evidential breath test
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.
5: It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's blood—
a: that there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
6: It is no defence to proceedings for an offence against this Act in respect of the proportion of a qualifying drug in a person’s blood—
a: that there was or may have been an error in the result of the first oral fluid test or second oral fluid test; or
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require a second oral fluid test or a blood test. 1962 No 135 ss 58(6) 58I 63(3) Section 64(1) amended 7 November 2018 section 8 Land Transport Amendment Act 2016 Section 64(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 64(1AA) inserted 1 December 2014 section 7 Land Transport Amendment Act (No 2) 2014 Section 64(1A) inserted 1 November 2009 section 13 Land Transport Amendment Act 2009 Section 64(1A) amended 11 March 2023 section 16(1) Land Transport (Drug Driving) Amendment Act 2022 Section 64(1A) amended 1 November 2009 section 15(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 64(1A)(a)(ii) amended 1 November 2009 section 15(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 64(1AB) inserted 11 March 2023 section 16(2) Land Transport (Drug Driving) Amendment Act 2022 Section 64(1B) inserted 1 November 2009 section 13 Land Transport Amendment Act 2009 Section 64(2) amended 11 March 2023 section 16(3) Land Transport (Drug Driving) Amendment Act 2022 Section 64(2) amended 29 December 2001 section 5(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 64(3) substituted 7 August 2011 section 28 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 64(3)(a)(iii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 64(3)(b)(iii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 64(3A) inserted 22 June 2005 section 35 Land Transport Amendment Act 2005 Section 64(3A)(a) amended 11 March 2023 section 16(4) Land Transport (Drug Driving) Amendment Act 2022 Section 64(4)(a) amended 29 December 2001 section 5(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 64(6) inserted 11 March 2023 section 16(5) Land Transport (Drug Driving) Amendment Act 2022 Mandatory disqualification and assessment for repeat offences Heading replaced 1 July 2018 section 24 Land Transport Amendment Act 2017
65: Mandatory disqualification and assessment for repeat offences
1: This section applies to offences against any of sections 56 to 62
2: A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Director
a: the court convicts that person of a second or subsequent offence against any of sections 56 to 62
b: the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.
3: Despite subsection (2), the
a: an offence to which this section applies where either—
i: the proportion of alcohol in the person's breath, as ascertained by an evidential breath test, exceeded 1 000 micrograms of alcohol per litre of breath; or
ii: the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen, exceeded 200 milligrams of alcohol per 100 millilitres of blood; or
b: an offence against section 59 section 60
3A: The mandatory disqualification in subsection (2) is replaced by any alcohol interlock sentence ordered under section 65AC(1)
4: The court must make an order that requires a person to attend an assessment centre and that disqualifies that person from holding or obtaining a driver licence until the Director section 100
a: the court convicts that person of a third or subsequent offence to which this section applies; and
b: the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.
4A: The mandatory disqualification in subsection (4) is replaced by any alcohol interlock sentence ordered under section 65AC(1)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 1962 No 135 s 30A Section 65 heading replaced 1 July 2018 section 25(1) Land Transport Amendment Act 2017 Section 65(2) substituted 10 May 2011 section 29(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65(2) amended 1 April 2021 section 61 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65(3) amended 10 May 2011 section 29(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65(3A) inserted 1 July 2018 section 25(2) Land Transport Amendment Act 2017 Section 65(4) substituted 16 January 2006 section 36 Land Transport Amendment Act 2005 Section 65(4) amended 1 April 2021 section 61 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65(4A) inserted 1 July 2018 section 25(3) Land Transport Amendment Act 2017
65A: Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol
Section 65A repealed 1 July 2018 section 26 Land Transport Amendment Act 2017 Mandatory alcohol interlock sentence for repeat offences and certain first offences Heading inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AB: Qualifying offences
1: Section 65AC sections 56(1) 57(1) 57AA 57C(1) 58(1)(a) 60(1)(a) to (c) 61(1) 62(1)(a)
a: the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court (whether or not section 65(2) or (4)
b: the offence for which the person is convicted involves either or both of the following:
i: the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
2: However, section 65AI section 65AC
a: has a medical condition (as certified by an appropriately qualified health practitioner) that renders him or her incapable of providing a valid breath sample to activate an alcohol interlock device; or
b: usually lives in a non-serviced area and is not prepared to drive to a serviced area for an initial installation and any necessary service; or
c: has never held a New Zealand licence; or
d: holds a licence that has been revoked or is suspended (except one that is suspended under section 90 95 95A
e: is not likely, during the term of any alcohol interlock sentence that would otherwise apply, to—
i: have lawful possession of a motor vehicle to the extent of being able to use it and fit it with an alcohol interlock device; or
ii: have the type of possession described in subparagraph (i) of a motor vehicle that is technically able to be fitted with an alcohol interlock device. Section 65AB inserted 1 July 2018 section 26 Land Transport Amendment Act 2017 Section 65AB(1) amended 11 March 2023 section 17 Land Transport (Drug Driving) Amendment Act 2022
65AC: Alcohol interlock sentence
1: If this section applies, the court must order an alcohol interlock sentence.
2: An alcohol interlock sentence—
a: disqualifies the person from holding or obtaining a driver licence for the period required by section 65AE
b: authorises the person to apply for an alcohol interlock licence at the end of that period; and
c: disqualifies the person from holding or obtaining any licence except an alcohol interlock licence; and
d: authorises the person, after complying with the alcohol interlock licence requirements, to apply to replace the alcohol interlock licence with a zero alcohol licence.
3: Subsection (1) applies unless for special reasons relating to the qualifying offence the court thinks fit to order otherwise and, if so,—
a: section 94
b: an alcohol interlock sentence may not otherwise be substituted by a community-based sentence. Section 65AC inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AD: Injury or death
If a qualifying offence resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the qualifying offence. Section 65AD inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AE: Period of disqualification
The period of disqualification for an alcohol interlock sentence is the greatest of the following periods:
a: 28 days; and
b: any period when the person’s licence is expired or suspended under section 90 95 95A
c: any period when the person is in prison (because of the qualifying offence or otherwise); and
d: any period when the person is disqualified from holding or obtaining a driver licence, including—
i: under section 65AD
ii: under section 65AH(3)
iii: because of an existing disqualification (except a disqualification under section 65(2) or (4) see section 65(3A) and (4A) Section 65AE inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AF: Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence
A person who is subject to an alcohol interlock sentence and who does not apply for an alcohol interlock licence is disqualified from holding or obtaining a driver licence. Section 65AF inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AG: Alcohol interlock licence requirements
1: An alcohol interlock licence replaces any licence held by a person.
2: An alcohol interlock licence requires a person holding it to drive only a motor vehicle or vehicles to which an alcohol interlock device is fitted.
3: A person may apply under section 100A
a: every motor vehicle the person has driven for 12 months (or more) had an alcohol interlock device fitted and operating; and
b: in relation to a person who is required to attend an assessment centre under section 65
c: during the previous 6 months, the person—
i: has not attempted to drive while the person’s breath contained a proportion of alcohol above the level to which the device is set; and
ii: has not committed a qualifying offence or an offence against section 55A
iii: has complied with any relevant regulations made under this Act.
4: The 6-month period referred to in subsection (3)(c) may be reduced to 3 months if the person has been assessed at an assessment centre (whether the attendance was voluntary or ordered by a court) as a fit person to hold a driver licence. Section 65AG inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AH: When court may take alcohol interlock sentence into account
Fines, imprisonment, assessments, or community-based sentences
1: A court must order any fine, imprisonment, assessment, or community-based sentence that is appropriate for a qualifying offence or a concurrent offence regardless of the requirement to impose an alcohol interlock sentence.
2: However, the court may take into account the cost of an alcohol interlock sentence and may discount the amount of any fine. Disqualifications
3: For a concurrent offence,— Injury or death
a: that resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the concurrent offence: No injury or death
b: that did not result in injury or death, the court may, taking into account the alcohol interlock sentence that must be ordered for the qualifying offence under section 65AC Section 65AH inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AI: Exceptions: persons who are not to be given alcohol interlock sentence
If this section applies because an exception described in section 65AB(2)
a: disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence; and
b: order any fine, imprisonment, assessment, or community-based sentence that is appropriate for the qualifying offence; and
c: if a disqualification is ordered, authorise the person to apply for a zero alcohol licence at the end of the period of disqualification. Section 65AI inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AJ: Effect of subsequent qualifying offences on alcohol interlock sentence
1: This section applies to a person with an alcohol interlock sentence who is convicted of a subsequent qualifying offence.
2: The court must replace the alcohol interlock sentence with a new alcohol interlock sentence under section 65AC
a: section 65AC(3)
b: an exception described in section 65AB(2) section 65AI
3: Sections 65AC to 65AI Section 65AJ inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AK: Effect of other subsequent offences on alcohol interlock licence
1: This section applies to a person with an existing alcohol interlock licence—
a: who is convicted of a subsequent offence that is not a qualifying offence; and
b: who is disqualified under this Act or under section 124
2: In order to continue the existing alcohol interlock licence, the court must authorise the person to apply for a new alcohol interlock licence at the end of the disqualification referred to in subsection (1)(b).
3: Sections 65AG 65AJ
4: When the person applies under section 100A(1) Director section 65AG Section 65AK inserted 1 July 2018 section 26 Land Transport Amendment Act 2017 Section 65AK(4) amended 1 April 2021 section 62 Land Transport (NZTA) Legislation Amendment Act 2020 Mandatory zero alcohol requirements for repeat offences Heading inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65B: Mandatory zero alcohol requirements for repeat offences
and certain first offences
1: This section applies if a court has authorised a person to apply for a zero alcohol licence under any of the following sections:
a: section 65AC(2)(d)
b: section 65AI(c)
c: section 100B(2)(b)
2: A zero alcohol licence has effect for a period of 3 years from the date the licence is issued.
3: A person authorised under a section referred to in subsection (1)
a: in the case of a person who is subject to 1 or more orders of disqualification, no earlier than the day after the end of the last period of disqualification to which the person is subject; or
b: in the case of a person who is subject to an alcohol interlock sentence Director section 100A(1)
4: A person who has been authorised to apply for a zero alcohol licence and who does not apply for a zero alcohol licence is disqualified from holding or obtaining a driver licence. Section 65B inserted 10 September 2012 section 30 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65B heading amended 1 July 2018 section 27(1) Land Transport Amendment Act 2017 Section 65B(1) replaced 1 July 2018 section 27(2) Land Transport Amendment Act 2017 Section 65B(2) replaced 1 July 2018 section 27(2) Land Transport Amendment Act 2017 Section 65B(3) amended 1 July 2018 section 27(3) Land Transport Amendment Act 2017 Section 65B(3)(b) amended 1 April 2021 section 63 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65B(3)(b) amended 1 July 2018 section 27(4) Land Transport Amendment Act 2017 Section 65B(4) replaced 1 July 2018 section 27(5) Land Transport Amendment Act 2017 Name suppression Heading repealed 5 March 2012 section 393 Criminal Procedure Act 2011
66: Names of drivers convicted of alcohol or drug-related offences may not be suppressed
Section 66 repealed 5 March 2012 section 393 Criminal Procedure Act 2011 Blood test fee
67: Blood test fee
1: The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:
a: any person who—
i: elects or is required to undergo the blood test under section 70A(1) 72(1)(a), (b), (c), or (d)
ii: before undergoing the blood test is advised in accordance with section 69(4A)(d) 72(1D) 72(1E)
aa: any person who—
i: elects or is required to undergo a blood test under section 71D 72(1)(e), (f), (g), or (h)
ii: is advised in accordance with section 71A(5)(c) 71D(2) 72(1F)
iii: commits an offence against section 57A(1) or (2) 57B(1) or (2) 57C(1) or (2)
b: any person who undergoes a blood test under section 73
1A: Subsection (1) does not apply if the result of the blood test indicates that the person has committed an infringement offence against section 56(2B)
1B: The blood test fee and any associated medical expenses payable by a person under subsection (1),—
a: in the case of a person who is convicted of an offence against any of sections 56(2) 57(2) 57AA 57A(1) 57B(1) 57C(1) 58 61(1)(b) 61(2) 62
b: in all other cases, are recoverable from the person as a debt due to the Crown.
1C: An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1) if—
a: the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and
b: the blood test—
i: was taken under section 72(1)(a)
A: a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or
B: an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or
ii: was taken under section 73
2: For the purposes of subsection (1), the Minister of Police may from time to time, by notice (including prescribing different fees for different classes of persons)
3: The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.
4: A notice under subsection (2) is secondary legislation ( see Part 3 1962 No 135 s 30AB(4) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67(1) replaced 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1)(a)(i) amended 11 March 2023 section 18(1) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1)(aa) inserted 11 March 2023 section 18(2) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1A) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1B) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1B)(a) amended 11 March 2023 section 18(3) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1C) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(2) substituted 1 November 2009 section 14(4) Land Transport Amendment Act 2009 Section 67(2) amended 11 March 2023 section 18(4) Land Transport (Drug Driving) Amendment Act 2022 Section 67(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(3) added 1 November 2009 section 14(4) Land Transport Amendment Act 2009 Section 67(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Enforcement procedures for offences involving intoxication
68: Who must undergo breath screening test
1: An enforcement officer may require any of the following persons to undergo a breath screening test without delay:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may not require a person who is in a hospital or medical centre
3: A person who has undergone a breath screening test under this section must remain at the place where the person underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the person without warrant if the person refuses or fails to remain at that place.
4: If an enforcement officer is entitled to require a person to undergo a breath screening test, the officer may also require that person to undergo a test using a passive breath-testing device, which test is one where the officer holds a passive breath-testing device near the person's mouth for the purpose of ascertaining whether or not there is any alcohol in the person's breath.
5: The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.
6: An enforcement officer may require a person to undergo a breath screening test whether or not a person has already undergone an oral fluid test under any of sections 71A to 71C 1962 No 135 s 58A Section 68(2) amended 7 November 2018 section 9 Land Transport Amendment Act 2016 Section 68(6) inserted 11 March 2023 section 19 Land Transport (Drug Driving) Amendment Act 2022
69: Who must undergo evidential breath test
1: An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if,
a: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68
aa: in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68
ab: in the case of any other person, the person has undergone a breath screening test under section 68 250
b:
c: the person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68
d: the person could be required to undergo a breath screening test without delay under section 68
2: If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).
3: For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—
a: it is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or
b: it is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.
4: If a person—
a: has accompanied an enforcement officer to a place under this section; or
b: has been arrested under subsection (6) and taken to or detained at a place,— an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).
4A: An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—
a: that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)(a)
b: that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and
c: of the infringement fee payable for a breach of section 56(2B)
d: that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.
5: A person must—
a: accompany the officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:
c: if the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
6: An enforcement officer may arrest without warrant a person who contravenes subsection (5).
7: An enforcement officer may not require a person who is in a hospital or medical centre 1962 No 135 s 58B Section 69(1) amended 7 August 2011 section 32(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)(a) substituted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)(aa) inserted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)(ab) inserted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)(ab) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 69(1)(b) repealed 7 August 2011 section 32(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(4A) inserted 1 December 2014 section 9 Land Transport Amendment Act (No 2) 2014 Section 69(7) amended 7 November 2018 section 10 Land Transport Amendment Act 2016
70: Person may be required to undergo further evidential breath test if initial test fails to produce result
1: If for any reason an evidential breath test carried out under section 69 section 72(1)(c)
2: A requirement made under subsection (1) is deemed to be a requirement under section 69(4)
70A: Who has right to elect blood test after positive evidential breath test
1: A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a)
a: the result of the person's evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
b: the person is apparently younger than 20; or
c: the person holds an alcohol interlock licence or a zero alcohol licence.
2: A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person's positive evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.
3: Subsection (2) does not apply to a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence. Section 70A replaced 1 December 2014 section 10 Land Transport Amendment Act (No 2) 2014 Section 70A heading replaced 11 March 2023 section 20 Land Transport (Drug Driving) Amendment Act 2022
71: Meaning of apparently younger than 20
1: For the purposes of section 69(1)(aa) younger than 20
a: the person produces a driver licence showing that the person is younger than 20; or
b: the person produces a driver licence showing that the person is 20 or older, but the officer has good cause to suspect that the licence has been issued to some other person or is invalid or that the person who produced the licence is younger than 20; or
c: the person fails to produce a driver licence and is unable to satisfy the officer by some other means that the person is 20 or older.
2: An enforcement officer is not obliged to take any further steps, other than requiring the production of a driver licence, to ascertain the age of a person for the purposes of section 69 1962 No 135 s 58B(1A) Section 71(1) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Enforcement procedures for offences involving use of qualifying drugs Heading inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71A: Who must undergo first oral fluid test
1: An enforcement officer may require any of the following persons to undergo a first oral fluid test without delay:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer—
a: may require a person to undergo a first oral fluid test whether or not the person has already undergone a breath screening test under section 68 or an evidential breath test under section 69
b: must not require a person to undergo a first oral fluid test if an enforcement officer has required the person to undergo a compulsory impairment test under section 71F(1)
3: An enforcement officer may require the person—
a: to remain in the place where stopped to undergo the first oral fluid test; or
b: if it is not practicable for the person to undergo an oral fluid test at the place where stopped, to accompany an enforcement officer to a place where it is likely that the person can undergo a first oral fluid test.
4: If it is not practicable for a person to undergo a first oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (3)(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a first oral fluid test.
5: An enforcement officer who requires a person to undergo a first oral fluid test under this section must, without delay, advise the person that,—
a: if the person refuses to undergo a first oral fluid test under this section or a second oral fluid test under section 71B section 72(1)(e)
b: if the result of a blood test indicates the presence of alcohol, 1 or more qualifying drugs, or both alcohol and 1 or more qualifying drugs, the person may be issued with an infringement notice or charged with an offence, depending on—
i: the proportion of any alcohol in the person’s blood; and
ii: the blood concentration level and type of the qualifying drugs (if any) in the person’s blood; and
c: the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1) 57B(1) 57C(1) section 57A(2), 57B(2), or 57C(2)
6: A person must—
a: accompany an enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
c: if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
7: An enforcement officer may arrest without warrant a person who contravenes subsection (6).
8: An enforcement officer may require a person who has been arrested under subsection (7) and taken to or detained at a place to undergo a first oral fluid test at that place.
9: An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an oral fluid test under this section. Section 71A replaced 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71B: Who must undergo second oral fluid test
1: An enforcement officer must require a person to undergo a second oral fluid test without delay if the person has undergone a first oral fluid test and the result of the first oral fluid test is positive unless the person is instead required to undergo a compulsory impairment test in the circumstances described in section 71F(5)
2: An enforcement officer may require the person—
a: to remain in the place where the person underwent the first oral fluid test to undergo the second oral fluid test; or
b: if it is not practicable for the person to undergo a second oral fluid test at the place where the person underwent the first oral fluid test, to accompany an enforcement officer to a place where it is likely that the person can undergo a second oral fluid test.
3: If it is not practicable for a person to undergo a second oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (2)(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a second oral fluid test.
4: A person must—
a: accompany an enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
c: if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
5: An enforcement officer may arrest without warrant a person who contravenes subsection (4).
6: An enforcement officer may require a person who has been arrested under subsection (5) and taken to or detained at a place to undergo a second oral fluid test at that place. Section 71B inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71C: Person must undergo further oral fluid test if either first or second oral fluid test fails to produce result
1: An enforcement officer must require a person to undergo without delay a further oral fluid test if—
a: a first oral fluid test carried out under section 71A
b: a second oral fluid test carried out under section 71B
2: A person must remain at the place where the person underwent the test that failed to produce a result until after the result of the further oral fluid test is ascertained.
3: An enforcement officer may arrest without warrant a person who contravenes subsection (2).
4: An enforcement officer may require a person who has been arrested under subsection (3) and taken to or detained at a place to undergo a further oral fluid test at that place.
5: A positive result of a further oral fluid test required under subsection (1) must,—
a: if required following a first oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the first oral fluid test; or
b: if required following a second oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the second oral fluid test.
6: A person may be required to undergo only 1 further oral fluid test under subsection (1). Section 71C inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71D: Person has right to elect blood test after 2 positive oral fluid tests
1: A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77A(3)(a)
a: the person has undergone a first oral fluid test and a second oral fluid test that have produced positive results; and
b: the results of both tests indicate the use of 1 or more of the same qualifying drugs.
2: An enforcement officer who advises a person of the matters specified in section 77A(3)(a) section 57A(1) 57B(1) 57C(1) Section 71D inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71E: Person may be required to accompany enforcement officer to undergo blood test
1: An enforcement officer may require the following persons to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test when required to do so by the officer:
a: a person who fails or refuses to undergo an oral fluid test without delay after having been required to do so by the officer under any of sections 71A to 71C
b: a person who has undergone a first oral fluid test and a second oral fluid test that have produced positive results if—
i: the person was the driver of a motor vehicle at the time an accident occurred involving the motor vehicle or an enforcement officer has good cause to suspect that the person was in the motor vehicle at the time of the accident; and
ii: the enforcement officer has good cause to suspect that another person has been injured or killed as a result of the accident:
c: a person who has elected to have a blood test under section 71D
d: a person who fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F
2: If it is not practicable for a person to undergo a blood test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a blood test.
3: The person must—
a: accompany the enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to provide a blood specimen for collection under section 72 73
4: An enforcement officer may arrest without warrant a person who contravenes subsection (3). Section 71E inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71F: Who must undergo compulsory impairment test
1: An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may require a person specified in subsection (1) to—
a: remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
b: accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.
3: A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until the result of the test is ascertained.
4: An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).
5: An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any of the following:
a: any breath screening test, regardless of the result of the test (or a failure of the test to produce a result):
b: any evidential breath test, regardless of the result of the test (or a failure of the test to produce a result):
c: a first oral fluid test that—
i: does not produce a positive result; or
ii: produces a positive result that indicates the use of more than 1 qualifying drug:
d: a second oral fluid test that does not produce a positive result.
6: An enforcement officer must not exercise the powers in subsection (1) and (2) in addition to either of the following:
a: a first oral fluid test that produces a positive result that indicates the use of only 1 qualifying drug:
b: a second oral fluid test that produces a positive result. Section 71F inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71G: Approval of oral fluid tests and oral fluid testing devices
1: The Minister of Police may, by notice, approve—
a: a kind of device that may be used as an oral fluid testing device for the purposes of testing oral fluid for the presence of 1 or more specified qualifying drugs:
b: the manner in which an oral fluid test may be carried out by means of an oral fluid testing device.
2: Before giving a notice under subsection (1), the Minister of Police must—
a: consult the Minister of Transport and the Science Minister; and
b: have regard to the accuracy of the device; and
c: be satisfied that any device proposed to be approved under subsection (1)(a) and used in a manner proposed to be approved under subsection (1)(b) will return a positive result only if the device detects the presence of a qualifying drug at a level that indicates recent use of a specified qualifying drug.
3: In determining for the purposes of subsection (2)(c) whether a device will return a positive result only if the device detects the presence of a qualifying drug at a level that indicates recent use of a specified qualifying drug, the Minister must have regard to any relevant New Zealand Standards or joint Australian/New Zealand Standards.
4: A notice made under subsection (1) for the purposes of approving a kind of device or a test—
a: must specify, for each specified qualifying drug, the concentration level of the qualifying drug in the person’s oral fluid at or above which the result of the test will appear positive for that qualifying drug; and
b: may—
i: define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:
ii: provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.
5: In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
a: appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
b: is printed out by the device on a card or on paper; or
c: appears on printed matter that—
i: accompanies the device; and
ii: is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
iii: is issued by or on behalf of the manufacturer.
6: In this section, specified qualifying drug
7: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71G inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022 Enforcement procedures involving taking of blood specimens Heading inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
72: Who must give blood specimen at places other than hospital or
medical centre
1: A person must permit a health practitioner
a: the person fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 69
b: the person has undergone an evidential breath test under section 69(4)
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a)
c: an evidential breath testing device is not readily available at the place to which the person has accompanied an enforcement officer under section 69
d: the officer has arrested the person under section 120(1) sections 56 to 62
i: a health practitioner
ii: the person has refused to be examined by a health practitioner ; or
e: the person fails or refuses to undergo without delay an oral fluid test after having been required to do so by an enforcement officer under any of sections 71A to 71C
f: the person has undergone a second oral fluid test under section 71B
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 77A(3)(a)
g: the person has undergone 2 oral fluid tests under any of sections 71A to 71C section 71E(1)(b) or (2)
h: the person fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F
1AA: Subsection (1)(b) does not apply in the case of a person (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) if the result of the evidential breath test under section 69(4)
1A: Subsection (1)(h)
1B: Subsection (1)(h) section 68 section 69 sections 71A to 71C
1C: An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 section 69 sections 71A to 71C
1D: An enforcement officer who advises a person of the matters specified in section 77(3)(a)
1E: An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1) (c) or (d)
1F: An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1)(e), (f), (g), or (h) must advise the person, without delay, that the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1) 57B(1) 57C(1)
2: A person who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a health practitioner
3: If it is not practicable for a blood specimen to be taken from a person by a health practitioner health practitioner
4: If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure
a: the person from whom the specimen was taken must permit a health practitioner to do so health practitioner
b: a further blood specimen so taken is to be treated as part of the original blood specimen taken from the person.
5: An enforcement officer may arrest a person without warrant if the person—
a: fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or
b: having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a health practitioner 1962 No 135 s 58C Section 72 heading amended 7 November 2018 section 11(1) Land Transport Amendment Act 2016 Section 72(1) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)(b) amended 29 December 2001 section 7 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 72(1)(d)(i) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1)(d)(i) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)(d)(ii) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1)(d)(ii) amended 1 November 2009 section 16(1) Land Transport Amendment Act 2009 Section 72(1)(d)(ii) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)(e) replaced 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)(f) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)(g) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)(h) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1AA) inserted 1 December 2014 section 11(1) Land Transport Amendment Act (No 2) 2014 Section 72(1A) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1A) amended 11 March 2023 section 22(2) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1B) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1B) amended 11 March 2023 section 22(2) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1B) amended 11 March 2023 section 22(3) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1C) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1C) amended 11 March 2023 section 22(3) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1D) inserted 1 December 2014 section 11(2) Land Transport Amendment Act (No 2) 2014 Section 72(1E) inserted 1 December 2014 section 11(2) Land Transport Amendment Act (No 2) 2014 Section 72(1E) amended 11 March 2023 section 22(4) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1F) inserted 11 March 2023 section 22(5) Land Transport (Drug Driving) Amendment Act 2022 Section 72(2) amended 7 November 2018 section 11(3) Land Transport Amendment Act 2016 Section 72(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(3) amended 7 November 2018 section 11(4) Land Transport Amendment Act 2016 Section 72(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(4) amended 5 November 2011 section 33(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 72(4)(a) amended 7 November 2018 section 11(5) Land Transport Amendment Act 2016 Section 72(4)(a) amended 5 November 2011 section 33(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 72(4)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(5)(b) amended 7 November 2018 section 11(6) Land Transport Amendment Act 2016 Section 72(5)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
73: Who must give blood specimen in hospital or
medical centre
1: A person who is under examination, care, or treatment in a hospital or medical centre
a: the health practitioner
b: another health practitioner
2: If a person under examination, care, or treatment in a hospital or medical centre
a: the health practitioner
b: another health practitioner
3: The health practitioner medical centre
a: may take a blood specimen or health practitioner
b: must either take a blood specimen or cause a blood specimen to be taken by another health practitioner whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.
4: If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure health practitioner health practitioner
5: Despite subsection (3) health practitioner
a: has reasonable grounds to suspect that the person is in the hospital or medical centre
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
b: has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
c: tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.
6: If a blood specimen is taken under this section from a person who is unconscious, the health practitioner
7: No civil or criminal proceedings may be taken against the Crown, Health New Zealand laboratory
8: Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen. 1962 No 135 s 58D Section 73 heading amended 7 November 2018 section 12(1) Land Transport Amendment Act 2016 Section 73(1) amended 7 November 2018 section 12(2)(a) Land Transport Amendment Act 2016 Section 73(1)(a) amended 7 November 2018 section 12(2)(b) Land Transport Amendment Act 2016 Section 73(1)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(1)(b) amended 7 November 2018 section 12(2)(b) Land Transport Amendment Act 2016 Section 73(1)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(2) amended 7 November 2018 section 12(3)(a) Land Transport Amendment Act 2016 Section 73(2)(a) amended 7 November 2018 section 12(3)(b) Land Transport Amendment Act 2016 Section 73(2)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(2)(b) amended 7 November 2018 section 12(3)(b) Land Transport Amendment Act 2016 Section 73(2)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3) amended 7 November 2018 section 12(4)(a) Land Transport Amendment Act 2016 Section 73(3) amended 7 November 2018 section 12(4)(b) Land Transport Amendment Act 2016 Section 73(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3)(a) amended 7 November 2018 section 12(4)(a) Land Transport Amendment Act 2016 Section 73(3)(a) amended 5 November 2011 section 34(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(3)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3)(b) amended 7 November 2018 section 12(4)(a) Land Transport Amendment Act 2016 Section 73(3)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(4) amended 7 November 2018 section 12(5) Land Transport Amendment Act 2016 Section 73(4) amended 5 November 2011 section 34(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(5) amended 7 November 2018 section 12(6) Land Transport Amendment Act 2016 Section 73(5) amended 5 November 2011 section 34(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(5) amended 22 June 2005 section 37(a) Land Transport Amendment Act 2005 Section 73(5) amended 22 June 2005 section 37(b) Land Transport Amendment Act 2005 Section 73(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(5)(a) substituted 1 November 2009 section 17 Land Transport Amendment Act 2009 Section 73(5)(a) amended 7 November 2018 section 12(7) Land Transport Amendment Act 2016 Section 73(6) amended 7 November 2018 section 12(8) Land Transport Amendment Act 2016 Section 73(7) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 73(7) amended 5 November 2011 section 34(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(7) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
73A: Purposes for which blood specimen taken under section 72 or 73 may be used as evidence
1: Evidence of alcohol or evidence of use of any 1 or more qualifying drugs in a blood specimen taken under section 72 73 see also sections 77(2) 77A(1)
2: Neither of the following may be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975
a: a positive result of an oral fluid test taken under any of sections 71A to 71C
b: a blood specimen taken under section 72 73 Section 73A replaced 11 March 2023 section 23 Land Transport (Drug Driving) Amendment Act 2022
74: Procedure for dealing with blood specimens
1: A blood specimen taken under section 72 73
2:
3: In the case of a blood specimen taken under section 72 the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
4: In the case of a blood specimen taken under section 73 health practitioner
a: within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
b: if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give
i: identifying the approved laboratory to whom the blood specimen was (or is being) delivered or posted; and
ii: naming the person from whom the blood specimen was taken.
5: If a person from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—
a: the person (or the person's solicitor or counsel) may apply to the Commissioner in accordance with subsection (7); and
b: if the application complies with subsection (7),—
i: the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory
ii: that laboratory must send by
6: If an application under subsection (5) does not comply with subsection (7), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory
7: An application under subsection (5)(a) must—
a: be made in writing to the Commissioner not later than 28 days after—
i: the date on which a summons in respect of an offence against this Act (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
ii: if the defendant is arrested under a warrant under section 34
iia: in the case of an infringement offence, the date on which the defendant is served with an infringement notice in respect of the infringement offence; or
iii: in any case to which subparagraph (i), (ii), or (iia) does not apply, the date on which the defendant is first charged in court with any such offence; and
b: state the full name and address and the occupation of the person and the date of the alleged offence; and
c: identify the private analyst to whom the
8: A blood specimen sent to an approved laboratory 1962 No 135 s 58F Section 74(1) substituted 5 November 2011 section 35(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(2) repealed 5 November 2011 section 35(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(3) amended 30 November 2022 section 65(1) Statutes Amendment Act 2022 Section 74(3) amended 5 November 2011 section 35(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4) amended 7 November 2018 section 13 Land Transport Amendment Act 2016 Section 74(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 74(4)(a) amended 30 November 2022 section 65(2) Statutes Amendment Act 2022 Section 74(4)(a) amended 5 November 2011 section 35(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4)(b) amended 5 November 2011 section 35(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4)(b)(i) substituted 5 November 2011 section 35(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)(b)(i) amended 5 November 2011 section 35(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)(b)(ii) substituted 5 November 2011 section 35(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)(b)(ii) amended 30 November 2022 section 65(3) Statutes Amendment Act 2022 Section 74(6) amended 5 November 2011 section 35(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(7)(a)(ii) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(7)(a)(iia) inserted 1 December 2014 section 12 Land Transport Amendment Act (No 2) 2014 Section 74(7)(a)(iii) replaced 1 December 2014 section 12 Land Transport Amendment Act (No 2) 2014 Section 74(7)(c) amended 26 March 2015 section 4 Land Transport Amendment Act 2015 Section 74(8) amended 5 November 2011 section 35(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Evidential provisions
75: Certificates in blood-alcohol
and drug-driving
1: Except as provided in section 79
2: This section applies to a certificate purporting to be signed by a health practitioner
a: a specimen of venous blood was taken by the practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
b: for the purposes of the specified blood specimen collecting procedure,—
i: the specimen was sufficient; or
ii: the specimen was insufficient and the practitioner or medical officer took a further specimen; and
c: in accordance with the specified blood specimen collecting procedure, the practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
d: each such container was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and
e: the practitioner or medical officer handed each such container to an enforcement officer named in the certificate.
3: This section also applies to a certificate purporting to be signed by a health practitioner
a: the person named in the certificate was in a hospital or medical centre
b: the practitioner, being a health practitioner health practitioner section 73
c: the practitioner has reasonable grounds to suspect that the person is in the hospital or medical centre
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
d: before taking the blood specimen or causing the blood specimen to be taken from the person, the practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
e: the practitioner either—
i: told the person that the blood specimen was being or had been taken under section 73
ii: if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 73
4: This section also applies to a certificate purporting to be signed by a health practitioner
a: all the matters referred to in paragraphs (a) to (d) of subsection (2); and
b: that the practitioner or medical officer sent or caused to be sent by the specimen to a specified approved laboratory section 74
c: that, if at the time the blood specimen was taken more than 1 approved laboratory exists, the practitioner or medical officer has notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.
5: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—
a: a blood specimen in a sealed container
b: on analysis of the blood specimen by an analyst specified in the certificate, the presence or
c: no such deterioration or congealing was found as would prevent a proper analysis.
6: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 74
7: For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make such a certificate. 1962 No 135 s 58G Section 75 heading amended 11 March 2023 section 24 Land Transport (Drug Driving) Amendment Act 2022 Section 75(2) substituted 5 November 2011 section 36(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(2) amended 7 November 2018 section 14(1) Land Transport Amendment Act 2016 Section 75(3) amended 7 November 2018 section 14(2)(a) Land Transport Amendment Act 2016 Section 75(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(3)(a) amended 7 November 2018 section 14(2)(b) Land Transport Amendment Act 2016 Section 75(3)(b) amended 7 November 2018 section 14(2)(a) Land Transport Amendment Act 2016 Section 75(3)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(3)(c) substituted 5 November 2011 section 36(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(3)(c) amended 7 November 2018 section 14(2)(b) Land Transport Amendment Act 2016 Section 75(4) amended 7 November 2018 section 14(3) Land Transport Amendment Act 2016 Section 75(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(4)(b) amended 30 November 2022 section 66(1) Statutes Amendment Act 2022 Section 75(4)(b) amended 5 November 2011 section 36(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(4)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(4)(c) substituted 5 November 2011 section 36(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(5)(a) amended 30 November 2022 section 66(2) Statutes Amendment Act 2022 Section 75(5)(a) amended 5 November 2011 section 36(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(5)(b) amended 1 November 2009 section 19 Land Transport Amendment Act 2009 Section 75(6) amended 30 November 2022 section 66(3) Statutes Amendment Act 2022 Section 75(6) amended 5 November 2011 section 36(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011
75A: Certificates of compliance for evidential breath-testing devices
1: An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.
2: At any trial
3: Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.
4: In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—
a: must be treated as such a certificate or certified copy; and
b: is conclusive evidence of the sufficiency of the authority of the person who signed the document.
5: After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice
6: Without limiting subsection (5),—
a: in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5) must be given in conjunction with the notice approving that kind of device:
b: a notice under subsection (5) must specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
c: a notice under subsection (5) must specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
d: a notice under subsection (5) must require a certificate of compliance to include a statement to the effect that the device is being maintained within the manufacturer's specifications.
7: A notice under subsection (5) 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 75A inserted 29 December 2001 section 8 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 75A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 75A(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 75A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
76: Presumptions relating to blood specimens
1: In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—
a: if a certificate referred to in section 75
b: every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:
c: if the container health practitioner container
2: On the request of a person from whom a blood specimen has been taken under section 72 section 73 1962 No 135 s 58G Section 76(1)(c) amended 7 November 2018 section 15 Land Transport Amendment Act 2016 Section 76(1)(c) amended 5 November 2011 section 37 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 76(1)(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
77: Presumptions relating to alcohol-testing
1: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.
2: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 section 73
3: Except as provided in subsections (3B) and (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 56 to 62
a: the person who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained,—
i: that the test was positive; and
ii: of the consequences specified in subsection (3A), so far as applicable, if he or she does not request a blood test within 10 minutes; or
b: the person who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and
ii: complies with section 72(2)
3A: The consequences referred to in subsection (3)(a)(ii) are—
a: that the positive test could of itself be conclusive evidence to lead to that person's conviction for an offence against this Act if—
i: the test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
ii: the person is younger than 20 and the proportion of alcohol in the person's breath exceeds 150 micrograms of alcohol per litre of breath; or
iii: the person holds an alcohol interlock licence or a zero alcohol licence:
b: that the positive test could of itself be conclusive evidence that the person has committed an infringement offence against this Act if the person is younger than 20 and the test indicates that the person's breath contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.
3B: Subsection (3) does not apply if the result of a positive evidential breath test indicates that the proportion of alcohol in a person's breath (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) exceeds 250 micrograms of alcohol per litre of breath, but does not exceed 400 micrograms of alcohol per litre of breath.
4: Subsection (3)(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.
5:
6: If it is proved in proceedings for an offence against section 60 section 13 1962 No 135 s 58(4), (5), (6) Section 77(3) replaced 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(3A) inserted 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(3B) inserted 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(5) repealed 29 December 2001 section 9(2) Land Transport (Road Safety Enforcement) Amendment Act 2001
77A: Presumptions relating to drug testing
1: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 73
2: For the purposes of proceedings for an infringement offence against section 57A(3) 57B(3) 57C(3)
3: However, except as provided in subsection (4), the positive results of a first oral fluid test and a second oral fluid test are not admissible in evidence in proceedings for an infringement offence against section 57A(3) 57B(3) 57C(3)
a: the person who underwent the tests is not advised by an enforcement officer, without delay after the result of the second oral fluid test is ascertained,—
i: that the second oral fluid test was positive; and
ii: that the person will be presumed to have committed an infringement offence against this Act if the person does not request a blood test within 10 minutes; or
b: the person who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and
ii: complies with section 72(2)
4: Subsection (3)(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.
5: The result of an oral fluid test is not admissible in evidence in proceedings for any offence against this Act other than an offence under section 57A(3) 57B(3) 57C(3)
6: If it is proved in proceedings for an offence against section 60 section 13 Section 77A inserted 11 March 2023 section 25 Land Transport (Drug Driving) Amendment Act 2022
78: Presumptions as to age of driver
If a certificate referred to in section 143 1962 No 135 s 58G(5)
79: Circumstances in which certificate not admissible in proceedings
1: No certificate referred to in subsection (2) or subsection (3) or subsection (4) of section 75 health practitioner health practitioner
2: No certificate referred to in section 75(5) presence or
a: application has been made in accordance with section 74
b: but this subsection does not apply in respect of a specimen destroyed under the authority of section 74(8)
3: No certificate referred to in subsection (5) or subsection (6) of section 75 presence or
a: in the case of a certificate referred to in that subsection (5), the person who made the analysis or the approved analyst who gave the certificate ought to appear as a witness at the hearing; or
b: in the case of a certificate referred to in that subsection (6), the person who posted or delivered
4: The court may not make an order under subsection (3) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant's application under section 74
a: since the date given to the private analyst as the date on which application was made under section 74
b: the blood specimen received by the private analyst relating to the defendant—
i: was not suitable for analysis; or
ii: was suitable for analysis but, for specified reasons, that analysis was not carried out; or
iii: was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or
c: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain, in the case of a certificate that certified the presence of or a specified proportion of alcohol,—
i: in the case of a defendant who (at the time of the commission of the offence) was younger than 20 or held an alcohol interlock licence or a zero alcohol licence, no alcohol; or
ii: in any other case, not more than 50 milligrams of alcohol per 100 millilitres of blood; or
d: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain, in the case of a certificate that certified the presence of or a specified proportion of alcohol, 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 75(5)
e: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain,—
i: if a certificate certified that there is evidence of use of a listed qualifying drug, a blood concentration level equal to or less than the tolerance level for the drug; or
ii: if a certificate certified that there is evidence of use of an unlisted qualifying drug, no presence of the qualifying drug.
5: Where a blood specimen is destroyed in accordance with section 74(8) 1962 No 135 s 58H Section 79(1) amended 7 November 2018 section 16 Land Transport Amendment Act 2016 Section 79(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 79(2) amended 1 November 2009 section 20(1) Land Transport Amendment Act 2009 Section 79(2)(a) amended 5 November 2011 section 39(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(2)(b) amended 5 November 2011 section 39(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(3) amended 5 November 2011 section 39(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(3) amended 1 November 2009 section 20(2) Land Transport Amendment Act 2009 Section 79(3)(b) amended 5 November 2011 section 39(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(4)(c) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022 Section 79(4)(d) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022 Section 79(4)(e) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022
6A: Offences relating to transport services and penalties
Part 6A inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79A: Offence to carry on transport service without licence
1: A person commits an offence if the person carries on (or, in relation to a small passenger service operator, facilitates) any transport service without the appropriate current licence.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: A person who is convicted of a second or subsequent offence against subsection (1) is liable on transport service vehicle Director
4: Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.
5: Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.
6: A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
7: The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.
8: The Director Director the Director 1989 No 74 s 5(2), (5), (6) Section 79A inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79A(1) replaced 1 October 2017 section 79(1) Land Transport Amendment Act 2017 Section 79A(3) amended 1 April 2021 section 64(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 79A(3) amended 1 October 2017 section 79(2) Land Transport Amendment Act 2017 Section 79A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 79A(8) amended 1 April 2021 section 64(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 79A(8) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
79AB: Offence to drive vehicle used in transport service without licence
1: A transport service driver commits an offence if the driver uses a vehicle in a transport service and there is no relevant transport service licence held by any of the following:
a: the driver:
b: a transport service operator on whose behalf the driver is driving:
c: a facilitator who facilitated the driver to connect with passengers of the service.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. Section 79AB inserted 1 October 2017 section 80 Land Transport Amendment Act 2017
79B: Provision of incorrect information
A licence holder or person having control of a transport service who notifies the Director 1989 No 74 s 18(6) Section 79B inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79B amended 1 April 2021 section 65 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79B amended 1 July 2013 section 413 Criminal Procedure Act 2011
79C: Failure to present vehicle for inspection
1: A transport service licence holder commits an offence if the holder fails to present a transport service vehicle used in the service for inspection when required to do so by the Director
1A: A driver of a small passenger service vehicle commits an offence if the driver fails to present the vehicle for inspection when required to do so by the Director
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. Section 79C inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79C(1) replaced 1 October 2017 section 81 Land Transport Amendment Act 2017 Section 79C(1) amended 1 April 2021 section 66 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79C(1A) inserted 1 October 2017 section 81 Land Transport Amendment Act 2017 Section 79C(1A) amended 1 April 2021 section 66 Land Transport (NZTA) Legislation Amendment Act 2020
79D: Contravention of section 30K
1: A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a transport service licence for 6 months or more.
3: The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81 Section 79D inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79E: Liability of persons who use unlicensed transport service
1: A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—
a: the operator of the transport service did not hold an appropriate transport service licence; or
b: the operator of the transport service was disqualified from holding or obtaining a transport service licence; or
c: the transport service licence of the operator was suspended or revoked.
1A: Subsection (1) does not apply to an enforcement officer acting in the performance or intended performance of the officer’s official duties as an employee or agent of the Agency.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000. Section 79E inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79E(1A) inserted 1 October 2017 section 82 Land Transport Amendment Act 2017
79F: Contravention of section 30M
1: A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder's licence under section 30M
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. 1989 No 74 s 8(4) Section 79F inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79G: Contravention of section 87G
1: A person commits an offence if the person, having been prohibited under section 87G(1)(b)
2: A person commits an offence if the person, having been prohibited under section 87G(1)(c)
3: The maximum penalty on conviction for an offence against subsections (1) and (2) is a fine not exceeding $2,000 and disqualification from holding or obtaining a driver licence for such period (if any) as the court thinks fit.
4: A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)(a)
5: The maximum penalty on conviction for an offence against subsection (4) is a fine not exceeding $500. 1989 No 74 s 17(3)–(5) Section 79G inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79H: Contravention of section 128A
1: A person who holds a small passenger service licence section 128A
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1989 No 74 s 37(3) Section 79H inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79H(1) amended 1 October 2017 section 83 Land Transport Amendment Act 2017
79HA: Failure to keep or produce records
1: A person commits an offence if the person fails or refuses to comply with any of the requirements of section 30Q
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $100,000. Section 79HA inserted 1 October 2017 section 84 Land Transport Amendment Act 2017
79I: Contravention of section 128B
1: A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1989 No 74 s 38(3) Section 79I inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79J: Liability of employers and principal
If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—
a: the other person—
i: knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and
ii: failed to take the steps that were reasonably practicable to prevent the commission of the offence; and
b: the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence. 1989 No 74 s 5(3) Section 79J inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79K: Liability of directors of bodies corporate
If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—
a: the act or omission that constituted the offence took place with his or her express or implied authority; and
b: he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission. 1989 No 74 s 5(4) Section 79K inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79L: Court may require convicted transport service licence holder to sit examination
The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—
a: an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or
b: any other offence under this Act that is applicable to a vehicle used in a licensed transport service. Section 79L inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79M: Penalties for failure to pay service fares, etc
1: A person who fails to pay a passenger service fare that the person is liable to pay commits an infringement offence.
2: A person commits an infringement offence if, in relation to a public transport service fare that the person is liable to pay, the person—
a: fails to pay the fare; or
b: fails to provide (in response to an enforcement officer’s direction given in accordance with section 128F(1)
3: A person commits an offence if, in relation to a public transport service fare that the person is liable to pay, the person—
a: fails to provide (in response to an enforcement officer’s direction given in accordance with section 128F(2)(a)
b: boards, or fails or refuses to disembark, the public transport service in contravention of an enforcement officer’s direction given in accordance with section 128F(2)(b)
4: It is a defence to an offence against subsection (1) or (2)(a) or (b) if a person made reasonable attempts to pay the fare and there were no available means of paying.
5: The maximum penalty on conviction for an offence against subsection (1) or (2)(a) or (b) is a fine not exceeding $500.
6: The maximum penalty on conviction for an offence against subsection (3)(a) or (b) is a fine not exceeding $1,000.
7: For the purposes of this section, public transport service section 5 Section 79M replaced 11 August 2017 section 37 Land Transport Amendment Act 2017
6B: Offences relating to work time and logbooks
Part 6B inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
1: Work time
Subpart 1 inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
79N: Failure to keep or produce records or comply with conditions of exemption or approval
Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD section 30ZA(1)(a) or (c)
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward; or
b: in any other case, to a fine not exceeding $100,000. 1962 No 135 s 70B(7) Section 79N inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79N(a) amended 7 August 2011 section 40(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79N(a)(i) amended 7 August 2011 section 40(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79N(a)(ii) amended 7 August 2011 section 40(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79O: Failure to comply with prescribed work time restrictions or rest time requirements
Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—
a: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes in a cumulative work day or less than 120 minutes in a cumulative work period
i: the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
A: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
B: is used in the relevant transport service ; or
C: is used to carry goods for hire or reward; or
ii: the person must complete a work time and log-book course approved by the Director
b: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward; or
c: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward. Section 79O inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79O(a) amended 1 October 2007 section 7 Land Transport Amendment Act 2007 Section 79O(a)(i) amended 7 August 2011 section 41(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)(i)(A) amended 7 August 2011 section 41(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)(i)(B) amended 7 August 2011 section 41(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)(ii) amended 1 April 2021 section 67 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79O(b) amended 7 August 2011 section 41(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(b)(i) amended 7 August 2011 section 41(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(b)(ii) amended 7 August 2011 section 41(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c) amended 7 August 2011 section 41(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c)(i) amended 7 August 2011 section 41(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c)(ii) amended 7 August 2011 section 41(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79P: Defences to work time offences
1: It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1
a: circumstances that could not reasonably have been foreseen by the defendant; or
b: an emergency.
2: For the purposes of subsection (1), emergency
a: a state of emergency declared under the Civil Defence Emergency Management Act 2002
b: an incident attended by an emergency service; or
c: an event requiring immediate action to save life or prevent serious injury.
3: It is not a defence in any proceedings for an offence against section 79O
4: It is not a defence in any proceedings for an offence against section 79O 1962 No 135 s 70B(8) Section 79P inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79P(3) added 7 August 2011 section 42 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79P(4) added 7 August 2011 section 42 Land Transport (Road Safety and Other Matters) Amendment Act 2011
79PA: Matters to be taken into account in imposing penalty for offence against section 79O
In determining the penalty to be imposed for an offence against section 79O
a: the cumulative effect of abbreviated, broken, or omitted periods of rest time:
b: the accumulated hours of work time:
c: the degree of risk to the public. Section 79PA inserted 7 August 2011 section 43 Land Transport (Road Safety and Other Matters) Amendment Act 2011
2: Logbooks
Subpart 2 inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
79Q: Failure to discharge duties regarding logbooks
Every person who fails or refuses to comply with any requirement of or demand made under section 30ZH
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service; or
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70C(8) Section 79Q inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79Q(a) amended 7 August 2011 section 44(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79Q(a)(i) amended 7 August 2011 section 44(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79Q(a)(ii) amended 7 August 2011 section 44(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79R: Offences and proceedings concerning logbooks
1: Every person commits an offence who—
a: maintains a logbook under section 30ZF
b: makes or causes to be made any false statement in a logbook or allows any omission to occur in the logbook.
2: Every person commits an offence who, being the driver of a vehicle to which section 30ZF section 30ZG
a: on demand by an enforcement officer fails to produce without delay all logbooks that are so demanded; or
b: on demand by an enforcement officer produces any logbook that is false in a material particular, whether or not the driver knows of the falsehood; or
c: on demand by an enforcement officer produces any logbook—
i: that omits a material particular, whether or not the driver knows of the omission; or
ii: in which any material particular is entered illegibly or in such a manner that the matters specified in the rules cannot be readily ascertained.
3: Every person, not being the driver of the vehicle, commits an offence where the person requires, directs, or allows a vehicle to which section 30ZF section 30ZG
a: a logbook is not maintained in respect of the driving of that vehicle, whether or not the person knows that a logbook is not maintained; or
b: the logbook maintained in respect of the driving of that vehicle is false in a material particular, whether or not the person knows of the falsehood; or
c: the logbook maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.
4: Every person who commits an offence against this section is liable on conviction,—
a: in the case of a driver to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70D(1)–(3), (10) Section 79R inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79R(4)(a) amended 7 August 2011 section 45(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79R(4)(a)(i) amended 7 August 2011 section 45(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79R(4)(a)(ii) amended 7 August 2011 section 45(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79S: Defences to logbook offences
1: It is a defence to a charge under section 79R(1)
2: In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1)
a: reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and
b: as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2)
3: Except as provided in subsection (4), subsection (2) does not apply unless within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying the reasonable steps that the defendant will claim to have taken.
4: In any proceedings relating to a charge to which subsection (2) applies, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (2). 1962 No 135 s 70D(4)–(7) Section 79S inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
6C: Offences relating to chain of responsibility
Part 6C inserted 1 October 2007 section 40 Land Transport Amendment Act 2005
79T: Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to—
a: exceed any applicable speed limit if that—
i: person knew, or should have known, that the speed limit would be, or would likely be, exceeded; and
ii: driver is a driver to whom subpart 1
b: exceed the maximum work time prescribed in this Act or the rules if that person knew, or should have known, that the maximum work time would be, or would likely be, exceeded; or
c: fail to comply with the rest time requirements prescribed in this Act or the rules if that person knew, or should have known, that the rest time requirements would not be, or would likely not be, complied with; or
d: fail to maintain a logbook in the prescribed manner if that person knew, or should have known, that the failure to maintain the logbook would contravene subpart 2 Section 79T inserted 1 October 2007 section 40 Land Transport Amendment Act 2005
79U: Offence to cause or require driver to breach maximum gross weight limits
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur. Section 79U inserted 22 June 2005 section 41 Land Transport Amendment Act 2005
79V: Search warrants in relation to offences against section 79T or 79U
1: An issuing officer (within the meaning of section 3 subpart 3
a: to suspect that an offence has been, is being, or will be committed against section 79T 79U
b: to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119 Section 79V replaced 26 March 2015 section 5 Land Transport Amendment Act 2015
7: Disqualification, demerit points, licence suspension, and vehicle impoundment
Disqualification
80: General penalty of disqualification may be imposed if offence involves road safety
1: If a person is convicted of an offence against this Act, and the court is satisfied that the offence relates to road safety, the court may order that the person be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.
2: The power conferred by subsection (1) is in addition to, and does not limit, any other powers of the court. 1962 No 135 s 30(1)
81: Mandatory disqualification: court’s discretion if special reasons relating to offence
1: If any provision of this Act (other than section 63 or transport service licence
2: Nothing in any provision referred to in subsection (1) or in section 65 or transport service licence
3: This section is subject to section 94 (which allows a court to substitute disqualification with a community-based sentence) Section 81 heading replaced 1 July 2018 section 28(1) Land Transport Amendment Act 2017 Section 81(1) amended 1 October 2007 section 42(1) Land Transport Amendment Act 2005 Section 81(2) amended 1 October 2007 section 42(2)(a) Land Transport Amendment Act 2005 Section 81(2) amended 1 October 2007 section 42(2)(b) Land Transport Amendment Act 2005 Section 81(3) amended 1 July 2018 section 28(2) Land Transport Amendment Act 2017
82: Effect of disqualification
1: If a person is disqualified from holding or obtaining a driver licence, the licence is suspended while the disqualification continues in force.
2: If a person who holds a particular class of driver licence or a particular endorsement for a driver licence is disqualified from holding or obtaining a licence of that class or that endorsement, the authority conferred by that licence or endorsement is suspended while the disqualification continues in force. 1962 No 135 s 33(1)
82A: Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
1: This section applies to a person if—
a: the person’s driver licence is suspended for any period (other than under section 95
b: the person’s disqualification does not exceed 12 months.
2: If this section applies, a person’s driver licence remains of no effect when the period of suspension or disqualification ends until—
a: the person applies to the Director
b: the Director Section 82A inserted 10 May 2011 section 48(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 82A(2)(a) amended 1 April 2021 section 68 Land Transport (NZTA) Legislation Amendment Act 2020 Section 82A(2)(b) amended 1 April 2021 section 68 Land Transport (NZTA) Legislation Amendment Act 2020
82B: Transitional provision concerning application of section 82A
To avoid doubt, section 82A Section 82B inserted 10 May 2011 section 48(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011
82C: Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
1: This section applies to a person whose alcohol interlock licence or zero alcohol licence (as the case may be) has expired.
2: If this section applies, a person’s driver licence remains of no effect when the alcohol interlock licence or zero alcohol licence expires until—
a: the person applies to the Director
b: the Director Section 82C inserted 10 September 2012 section 48(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 82C(2)(a) amended 1 April 2021 section 69 Land Transport (NZTA) Legislation Amendment Act 2020 Section 82C(2)(b) amended 1 April 2021 section 69 Land Transport (NZTA) Legislation Amendment Act 2020
83: Holder to undergo
approved tests or courses
1: If a person is disqualified from holding or obtaining a driver licence for a period of more than 12 months or for 2 or more cumulative periods totalling more than 12 months,—
a: the licence continues to be of no effect after the disqualification ends until the person applies for the same class of licence and the person qualifies for the licence by any or all (as the case may be) of the following:
i: completing any courses approved by the Director
ii: passing the tests and examinations approved by the Director
b: the Director
1A: If a person to whom subsection (1) applies has passed the appropriate theory test, the Director
a: issue a new licence to that person with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules; or
b: endorse that person's existing licence with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules.
2: Subsection (1) applies to a person who has been authorised to obtain a limited licence by an order of a court made under section 105 1962 No 135 s 33(2), (5) Section 83 heading amended 16 January 2006 section 43(1) Land Transport Amendment Act 2005 Section 83(1)(a) substituted 16 January 2006 section 43(2) Land Transport Amendment Act 2005 Section 83(1)(a)(i) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)(a)(ii) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)(b) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)(b) amended 1 December 2009 section 19 Land Transport (Enforcement Powers) Amendment Act 2009 Section 83(1A) inserted 16 January 2006 section 43(3) Land Transport Amendment Act 2005 Section 83(1A) amended 1 April 2021 section 70(2) Land Transport (NZTA) Legislation Amendment Act 2020
84: New licence
1: This section applies if—
a: section 82A 83(1)
b: the person—
i: applies for a class of licence that the person held immediately before that person was disqualified; and
ii: qualifies for that class of licence by any or all of the following:
A: completing any courses approved by the Director
B: passing the tests and examinations approved by the Director
2: If this section applies, then the Director
3: A class of licence to drive a motorcycle does not entitle a person to drive a motor vehicle other than a motor vehicle authorised by that class of licence. Section 84 heading amended 10 May 2011 section 49(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84 substituted 16 January 2006 section 44 Land Transport Amendment Act 2005 Section 84(1)(a) amended 10 May 2011 section 49(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84(1)(b)(ii)(A) amended 1 April 2021 section 71(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 84(1)(b)(ii)(B) amended 1 April 2021 section 71(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 84(2) substituted 10 May 2011 section 49(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84(2) amended 1 April 2021 section 71(2) Land Transport (NZTA) Legislation Amendment Act 2020
85: When disqualification starts
1: If an order is made by a court under any Act disqualifying a person from holding or obtaining a driver licence, the period of disqualification starts on the day the order is made unless the court otherwise directs or that Act otherwise provides.
2: The person disqualified does not commit the offence of driving while disqualified contrary to section 32(1)(a)
3: In the case of a person who is at the time of the order already disqualified from holding or obtaining a driver licence, the period of disqualification ordered starts when the order or the last of the orders to which the person is already subject ceases to have effect. 1962 No 135 s 36
86: Term of disqualification if person already disqualified
1: If—
a: a person is convicted of an offence that renders the person liable to be disqualified from holding or obtaining a driver licence; and
b: at the time of the commission of the offence, the person was already disqualified or was the holder of a limited licence issued under section 105 the court must order the person to be disqualified from holding or obtaining a driver licence for a period of 6 months, unless the court for special reasons relating to the offence thinks fit to order otherwise or the court makes an order under section 94
1A: Subsection (1) does not apply if an alcohol interlock sentence is ordered under section 65AC(1)
2: Nothing in subsection (1) restricts the power of the court to impose any other penalty specified for the offence, and the imposition of a penalty under that subsection does not limit or affect any duty or power of the court to order a longer period of disqualification. 1962 No 135 s 31 Section 86(1A) inserted 1 July 2018 section 29 Land Transport Amendment Act 2017
87: Particulars of
certain court orders Director
1: This section applies to the following orders:
a: an order disqualifying a person from holding or obtaining a driver licence:
b: an order under section 65AC
c: an order authorising the person to apply for a zero alcohol licence under section 65AC(2)(d) 65AI(c) 100B(2)(b)
d: an order under section 99
e: an order under section 105
2: If a court makes an order to which this section applies, the Registrar of the court must notify the Director
3: A failure to comply with the notification requirements in subsection (1) does not affect the validity of the order concerned. Section 87 heading amended 1 April 2021 section 72(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87(1) replaced 10 September 2012 section 50(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87(1)(b) amended 1 July 2018 section 30(1) Land Transport Amendment Act 2017 Section 87(1)(c) replaced 1 July 2018 section 30(2) Land Transport Amendment Act 2017 Section 87(2) inserted 10 September 2012 section 50(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87(2) amended 1 April 2021 section 72(2) Land Transport (NZTA) Legislation Amendment Act 2020 Disqualification of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87A: Disqualification of transport service driver
If the Director subpart 2 Director 1989 No 74 s 15(1) Section 87A inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87A amended 1 April 2021 section 73 Land Transport (NZTA) Legislation Amendment Act 2020
87B: Disqualification of holder of transport service licence from holding transport service licence
If the Director Director
a: holding or obtaining a transport service licence:
b: having any form of control of a transport service. Section 87B inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87B amended 1 April 2021 section 74 Land Transport (NZTA) Legislation Amendment Act 2020 Section 87B amended 1 October 2017 section 85 Land Transport Amendment Act 2017
87C: Procedure for disqualifying person under section 87A or section 87B
Subpart 5 section 87A section 87B 1989 No 74 s 15(2) Section 87C inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Suspension of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87D: Immediate suspension of transport service driver and other persons in interests of public safety
1: If the circumstances described in subsection (2) apply, the Director immediately
a: driving any vehicle used in a transport service (other than a rental service) or a specified class of transport service:
b: being a driving instructor or testing officer, as the case may be.
2: The circumstances referred to in subsection (1) are—
a: the Director
i: the person concerned is not a fit and proper person within the meaning of subpart 2
ii: the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver, driving instructor, or testing officer, as the case may be; or
b: the person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver, or driving instructor, or testing officer, as the case may be.
3: In this section and sections 87E 87F driving instructor Part 5 testing officer Part 5 1989 No 74 s 16(1) Section 87D inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87D(1) amended 1 April 2021 section 75(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87D(1) amended 10 May 2011 section 51 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87D(2)(a) amended 1 April 2021 section 75(2) Land Transport (NZTA) Legislation Amendment Act 2020
87E: Procedure for suspending persons under section 87D
1: If the Director section 87D
a: inform the person of the grounds of the suspension; and
b: advise the person that—
i: the suspension has effect from the day on which the notice was received by the person, or any later date that is specified in the notice; and
ii: the person may make submissions on the matter to the Director and that the person has a section 106
2: The Director Section 87E substituted 10 May 2011 section 52 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87E(1) amended 1 April 2021 section 76(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87E(1)(b)(ii) amended 1 April 2021 section 76(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87E(2) amended 1 April 2021 section 76(3) Land Transport (NZTA) Legislation Amendment Act 2020
87F: Term of suspension
1: A suspension under section 87D Director
2: The Director section 87D
3: If any suspension has been imposed in respect of a person to whom section 87D(2)(b)
a: the charge is withdrawn in circumstances where it is not replaced with another charge based on the same circumstances; or
b: the person is found not guilty of the offence charged. 1989 No 74 s 16(1), (3), (4) Section 87F inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87F(1) amended 1 April 2021 section 77 Land Transport (NZTA) Legislation Amendment Act 2020 Section 87F(2) amended 1 April 2021 section 77 Land Transport (NZTA) Legislation Amendment Act 2020 Effect of disqualification or suspension of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87G: Effect of disqualification or suspension of transport service driver and other persons
1: If the Director section 87A section 87D Director
a: revoke or suspend any driver licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and
b: prohibit the person from driving any vehicle used in a transport service (other than a rental service vehicle) or a specified class of transport service, even though the person may obtain or continue to hold a driver licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a transport service vehicle; and
c: prohibit the person from carrying out duties or activities as a driving instructor or testing officer.
2: Nothing in this section or in any of sections 87A to 87F Director 1989 No 74 s 17(1), (2) Section 87G inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87G(1) amended 1 April 2021 section 78(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87G(2) amended 1 April 2021 section 78(2) Land Transport (NZTA) Legislation Amendment Act 2020 Demerit points system
88: Demerit points to be recorded by
Director
1: If a person is convicted of an offence (other than an offence detected by approved vehicle surveillance equipment) concerning the driving of a motor vehicle, the Director demerit points
2: The Registrar of the court must send to the Director
3: If a person is convicted of 2 or more offences arising out of the same set of circumstances,—
a: demerit points must be recorded in relation to 1 offence only; and
b: if those offences do not carry the same number of points, points must be recorded for the offence or one of the offences that carries the greatest number of points.
4: Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.
5: For the purposes of subsections (1) and (4), the provisions of subsection (6) apply to an infringement offence in respect of which—
a: an infringement fee is paid to the enforcement authority, at the address for payment specified in the infringement notice, before a reminder notice is served or within 43 days after service of such a reminder notice; or
b: the enforcement authority enters into an arrangement to pay under section 21(3A)
6: The provisions referred to in subsection (5) are as follows:
a: the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and
b: a 1962 No 135 ss 42A(10) 44 Section 88 heading amended 1 April 2021 section 79(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(1) amended 1 April 2021 section 79(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(2) amended 1 April 2021 section 79(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(5) substituted 23 July 2011 section 6 Land Transport Amendment Act 2011 Section 88(6) added 23 July 2011 section 6 Land Transport Amendment Act 2011 Section 88(6)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
89: Notice of demerit points
1: If 50 or more demerit points have been recorded against a person, the Director
a: the number of demerit points recorded against that person; and
b: the consequences of further demerit points being recorded against that person.
2: No suspension imposed under section 90
a: a notice under subsection (1) was not given to that person or was given to that person after the imposition of that suspension or disqualification; or
b: a notice given under that subsection was not received by that person or was received by that person after the imposition of that suspension or disqualification.
3: If a notice given under subsection (1) is sent by ordinary post addressed to the defendant at the defendant's last known place of residence or business or postal address, then, unless the contrary is shown, the notice is served when the notice would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the notice was properly addressed and posted. 1962 No 135 s 47 Section 89(1) amended 1 April 2021 section 80 Land Transport (NZTA) Legislation Amendment Act 2020
90: Suspension of licence or disqualification from driving under demerit points system
1: If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Director
a: the person has accumulated 100 or more demerit points; and
b: the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.
1A: An enforcement officer may also give a notice described in subsection (1) in the circumstances described in that subsection (whether or not the person has received a notice from the Director
2: The notice given under subsection (1) or (1A) served, including at the roadside,
a: the Director
b: a person approved for the purpose by the Director
c: an enforcement officer.
3: If the person holds a current driver licence, the effect of a notice given under subsection (1) or (1A)
a: is suspended for a period of 3 months
b: remains of no effect when the period of suspension ends until the person applies to the Director Director
4: A person whose driver licence has been suspended under subsection (3) may not hold or obtain a driver licence while the suspension is in force.
5: If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months
6: A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person. Section 90 substituted 10 May 2011 section 53(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 90(1) amended 1 April 2021 section 81(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(1A) inserted 11 August 2017 section 91(1) Land Transport Amendment Act 2017 Section 90(1A) amended 1 April 2021 section 81(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(2) amended 11 August 2017 section 91(2)(a) Land Transport Amendment Act 2017 Section 90(2) amended 11 August 2017 section 91(2)(b) Land Transport Amendment Act 2017 Section 90(2)(a) amended 1 April 2021 section 81(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(2)(b) amended 1 April 2021 section 81(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(3) amended 11 August 2017 section 91(3) Land Transport Amendment Act 2017 Section 90(3)(a) amended 11 August 2017 section 91(4) Land Transport Amendment Act 2017 Section 90(3)(b) amended 1 April 2021 section 81(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(5) amended 11 August 2017 section 91(4) Land Transport Amendment Act 2017
91: Cancellation and reinstatement of demerit points
1: When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences.
2: If a suspension under section 90 Director
3: The Director
4: If a person's suspension or disqualification is removed on appeal, the Director 1962 No 135 s 46 Section 91(2) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Section 91(3) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Section 91(4) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Driver licence stop orders Heading inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91A: Interpretation
In this section and in sections 91C to 91H defendant Oranga Tamariki Act 1989 resolved section 79 served personally section 91B(1)(a) traffic fine
a: means any amount of money that a person is for the time being obliged to pay under a sentence imposed or an order made, or deemed to be made, by a court in respect of a traffic offence, whether the amount payable under that sentence or order is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
b: includes an offender levy imposed under section 105B
c: does not include any amount of money adjudged or ordered to be paid in a civil proceeding traffic offence
a: any offence against this Act, the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 the Road User Charges Act 1977 Road User Charges Act 2012 Land Transport Management Act 2003 secondary legislation (including bylaws)
b: any offence against any secondary legislation (including bylaws) warning notice section 91D Section 91A inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91A defendant amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 91A traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 91A traffic offence amended 26 March 2015 section 6 Land Transport Amendment Act 2015 Section 91A traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021
91B: Ways in which warning notice or driver licence stop order
or details of related fines
1: A warning notice or a driver licence stop order , or notice of details of the fines to which that order relates,
a: by an employee or agent of the Ministry of Justice or an enforcement officer delivering it to the defendant personally or bringing it to the defendant's notice if the defendant refuses to accept it:
b: by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at his or her place of residence, with another person who appears to be of or over the age of 14 years:
c: by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at the defendant’s place of business or place of work, with another person:
d: by the chief executive of the Ministry of Justice sending it to the defendant by prepaid post addressed to the defendant at the defendant's last known place of residence or business or place of work:
e: if the defendant has a known electronic address, by the chief executive of the Ministry of Justice sending it to the defendant at that address in electronic form.
2: An endorsement on a copy of a warning notice or a driver licence stop order , or notice of details of the fines to which that order relates
3: If a warning notice or driver licence stop order , or notice of details of the fines to which that order relates,
4: If a warning notice or driver licence stop order, or notice of details of the fines to which that order relates, is served in electronic form under subsection (1)(e), then, unless the contrary is shown,—
a: the notice or order, or notice of details, is served at the time the electronic communication containing the notice or order, or notice of details, first enters an information system outside the control of its originator; and
b: in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.
5: In this section, information system Section 91B inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91B heading amended 14 November 2018 section 149(1) Courts Matters Act 2018 Section 91B(1) amended 14 November 2018 section 149(2) Courts Matters Act 2018 Section 91B(2) amended 14 November 2018 section 149(3) Courts Matters Act 2018 Section 91B(3) amended 14 November 2018 section 149(4) Courts Matters Act 2018 Section 91B(4) inserted 14 November 2018 section 149(5) Courts Matters Act 2018 Section 91B(5) inserted 14 November 2018 section 149(5) Courts Matters Act 2018
91C: Liability to driver licence stop order
A defendant who is obliged to pay a traffic fine is liable to the imposition of a driver licence stop order if—
a: the defendant has breached the provisions of an enactment or the terms of a sentence, an order, or a direction by failing to pay the traffic fine within the time provided or fixed by the enactment, sentence, order, or direction; and
b: the defendant's obligation to pay the fine is neither discharged, by payment in full or remission in full, nor resolved. Section 91C inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91D: Warning notice to be served on defendant
1: If a defendant is liable to the imposition of a driver licence stop order, the chief executive of the Ministry of Justice must arrange for a warning notice to be served on the defendant.
2: The notice must—
a: explain why the defendant is liable to the imposition of a driver licence stop order and provide details of the unpaid traffic fine to which the liability relates; and
b: if the defendant’s liability is related to the cancellation or revocation of a payment arrangement, deduction notice, or an attachment order, give the reason for the cancellation or revocation; and
c: state that a driver licence stop order will not be imposed if, before the close of the 14th day after service of the notice, the unpaid traffic fine is paid in full, or remitted in full, or the defendant's obligation to pay the fine is resolved.
3: No driver licence stop order imposed on a person is invalid merely because a notice under subsection (1) was not received by that person or was received by that person after the driver licence stop order was imposed on the person. Section 91D inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91E: Imposition of driver licence stop order
1: If, following the expiry of the period of 14 days after service of the notice sent to a defendant under section 91D
2: The chief executive of the Ministry of Justice may, on 1 or more occasions, reissue a driver licence stop order that has previously been issued or reissued for service but that is not yet in effect.
2A: An enforcement officer may also impose an order and issue it for service in the circumstances described in subsection (1) (whether or not the person has received the order from the chief executive of the Ministry of Justice).
3: An order imposed under subsection (1) or (2A)
a: the name of the defendant; and
b: that the notice of details of the traffic fine in respect of which the order is imposed and the amount owing on that fine will be served on the defendant either at the same time as the order is served or as soon as practicable after the order is served; and
c: that the order will stay in effect until the defendant's obligation to pay the traffic fine is discharged by payment in full or remission in full, or until it is resolved; and
d: that, immediately after the order takes effect, any driver licence held by the defendant, including any limited licence issued under section 105 section 91G section 91H
e: that if the order is served personally by an employee or agent of the Ministry of Justice or by an enforcement officer (including at the roadside), the defendant must surrender any driver licence held by the defendant to that employee, agent, or enforcement officer; and
f: that if the order is served, but is not served personally, the defendant must post or deliver any driver licence held by the defendant to an employee or agent of the Ministry of Justice at an office of that Ministry or at the District Court
g: if the defendant does not hold a current driver licence when the order takes effect, that—
i: the defendant is disqualified from holding or obtaining a driver licence (including any limited licence) until the driver licence stop order is cancelled in accordance with section 91G section 91H
ii: if the defendant is authorised to obtain a limited licence, the limited licence may not be issued by the Director
4: When the order is issued for service, the defendant becomes liable to pay a single fee for the order, and that single fee—
a: is deemed to be imposed when the order is first issued, regardless of the number of times that the same order may subsequently be reissued; and
b: is not affected by the number of fines in respect of which the order is issued, so that if, for example, the order is issued for 2 fines, the fee is 1 fee and not 2 fees; and
c: is, for enforcement purposes, deemed to be a fine.
5: The amount of the fee deemed to be imposed by subsection (4) is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957 Section 91E inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91E(2A) inserted 14 November 2018 section 150(1) Courts Matters Act 2018 Section 91E(3) amended 14 November 2018 section 150(2) Courts Matters Act 2018 Section 91E(3)(b) replaced 14 November 2018 section 150(3) Courts Matters Act 2018 Section 91E(3)(e) replaced 14 November 2018 section 150(4) Courts Matters Act 2018 Section 91E(3)(f) amended 1 March 2017 section 261 District Court Act 2016 Section 91E(3)(g)(ii) amended 1 April 2021 section 83 Land Transport (NZTA) Legislation Amendment Act 2020
91F: Effect of driver licence stop order
1: A driver licence stop order that is imposed on a defendant takes effect—
a: if the order is served personally on the defendant, immediately after the order is so served:
b: if the order is served, but is not served personally, on the defendant and the defendant posts or delivers the driver licence to an employee or agent of the Ministry of Justice, immediately after that employee or agent receives the defendant's driver licence.
2: A driver licence stop order that is in effect continues in effect until it is cancelled under section 91G section 91H
3: Throughout the time that a driver licence stop order is in effect,—
a: any driver licence held by the defendant on whom the order is imposed, including any limited licence held under section 105
b: if the defendant on whom the order is imposed does not hold a current driver licence when the order takes effect, the defendant is disqualified from holding or obtaining a driver licence, including any limited licence under section 105
c: if the defendant's driver licence is suspended under paragraph (a), the defendant may not hold or obtain another driver licence, including any limited licence under section 105
4: The chief executive of the Ministry of Justice must notify the Director Section 91F inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91F(4) amended 1 April 2021 section 84 Land Transport (NZTA) Legislation Amendment Act 2020
91G: Cancellation of driver licence stop order
1: The chief executive of the Ministry of Justice may, if there is good reason for doing so, cancel a driver licence stop order.
2: Without limiting the generality of subsection (1), a good reason exists, for the purposes of that subsection, if the driver licence stop order—
a: was imposed or served in error; or
b: is inconsistent with a judicial determination.
3: The chief executive of the Ministry of Justice must give notice of the cancellation to the person on whom the order was imposed and to the Director
4: The cancellation takes effect when it is shown on the national register maintained under section 199
5: When the Director Director Director section 199
6: The chief executive of the Ministry of Justice must pay the Director Section 91G inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91G(3) amended 1 April 2021 section 85(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91G(5) amended 1 April 2021 section 85(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91G(6) amended 1 April 2021 section 85(3) Land Transport (NZTA) Legislation Amendment Act 2020
91H: Termination of driver licence stop order if traffic fine paid or resolved
1: The chief executive of the Ministry of Justice must terminate a driver licence stop order if the defendant's obligation to pay the traffic fine is discharged by payment in full or remission in full or if the defendant's obligation is resolved.
2: The chief executive of the Ministry of Justice must give notice of the termination to the defendant and to the Director
3: The termination takes effect when it is shown on the national register maintained under section 199
4: When the Director Director Director section 199
5: The chief executive of the Ministry of Justice must pay the Director Section 91H inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91H(2) amended 1 April 2021 section 86(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91H(4) amended 1 April 2021 section 86(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91H(5) amended 1 April 2021 section 86(3) Land Transport (NZTA) Legislation Amendment Act 2020 Other penalties
92: Compulsory attendance at driving improvement course or dangerous goods course
1: If a person is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty for the offence, order that person to attend an appropriate driving improvement course approved by the Director
2: If a person is convicted of an offence against this Act involving dangerous goods, the court may, whether or not it imposes any other penalty for the offence, order the person to attend an appropriate dangerous goods course approved by the Director
3: On the making of an order under subsection (1) or subsection (2), the Registrar of the court must notify the Director
4: A person who has been ordered under subsection (1) or (2) to attend a course must,—
a: within 21 days after being required to do so, pay to the person in charge of the course the fee usually charged for that course; and
b: within 90 days after being required to do so, complete the course; and
c: if the person has successfully completed the course, provide the court with evidence that verifies that the person has successfully completed the course.
5: Despite subsection (4)(b), if a person is unable to complete an appropriate driving improvement course approved by the Director
a: grant an extension as the court considers appropriate in the circumstances; or
b: suspend or cancel the order requiring the person to complete the course. 1962 No 135 s 68 Section 92(1) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(2) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(3) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(4) replaced 10 September 2012 section 55 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 92(5) inserted 10 September 2012 section 55 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 92(5) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020
93: Court may order compulsory driving test
1: If the holder of a driver licence is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty or makes any other order concerning the offence, order that person to undergo any tests and examinations approved by the Director
2: On the making of an order under subsection (1), the Registrar of the court must notify the Director
3: The following provisions apply to the tests and examinations:
a: the Director
b: the tests and examinations must be carried out under the supervision of the Director
4: The driver licence of a person who fails to pass the approved approved
5: A person whose driver licence has been suspended under this section is disqualified from holding or obtaining a driver licence until such time as he or she passes the approved
6: If a person passes the approved Director
7: If a person undergoes any tests and examinations under an order made under this section, that person is liable to pay the same fees as the person would be liable to pay if the person were an applicant for a licence. 1962 No 135 s 68A Section 93(1) amended 1 April 2021 section 88(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(1) amended 10 May 2011 section 56(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(2) amended 1 April 2021 section 88(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(3)(a) amended 1 April 2021 section 88(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(3)(b) amended 1 April 2021 section 88(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(4) amended 10 May 2011 section 56(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(5) amended 10 May 2011 section 56(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(6) amended 1 April 2021 section 88(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(6) amended 10 May 2011 section 56(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
94: Substitution of community-based sentences
1: This section applies if—
a: the offender has previously been ordered on conviction for an offence to be disqualified from holding or obtaining a driver licence; and
b: the court, having regard to—
i: the circumstances of the case and of the offender; and
ii: the effectiveness or otherwise of a previous order of disqualification made in respect of the offender; and
iii: the likely effect on the offender of a further order of disqualification; and
iv: the interests of the public,— considers that it would be inappropriate to order that the offender be disqualified from holding or obtaining a driver licence; and
c: the court considers that it would be appropriate to sentence the offender to a community-based sentence in accordance with Part 2
2: Despite any provision of this Act that requires a court (in the absence of special reasons relating to the offence) to order a person convicted of an offence to be disqualified from holding or obtaining a driver licence, the court may instead make an order referred to in subsection (3) if this section applies.
3: If the court sentencing an offender determines under this section not to make an order of disqualification,—
a: the court must impose a community-based sentence on the offender; and
b: the imposition of such a sentence does not limit or affect the power of the court to impose any other sentence for the offence that, in accordance with the provisions of the Sentencing Act 2002
c: in determining the appropriate sentence to be imposed on the offender in respect of the offence, the court must take into account the gravity of the offence and the fact that the offender would otherwise have been liable to disqualification from holding or obtaining a driver licence.
3A: For the purposes of subsection (3)(a), the court may impose a sentence of supervision or intensive supervision
a: that sentence is appropriate; and
b: a suitable programme is available; and
c: the offender attends a suitable programme.
4: This section does not apply if—
a: section 63 section 65
aa: an alcohol interlock sentence has been ordered under section 65AC(1)
b: the offender is prohibited from applying for a limited licence under section 103(2)(a), (b), or (d) 1962 No 135 s 30AC Section 94(1)(c) amended 30 June 2002 section 186 Sentencing Act 2002 Section 94(3)(b) amended 30 June 2002 section 186 Sentencing Act 2002 Section 94(3A) inserted 16 January 2006 section 48(1) Land Transport Amendment Act 2005 Section 94(3A) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 94(4) substituted 16 January 2006 section 48(2) Land Transport Amendment Act 2005 Section 94(4)(aa) inserted 1 July 2018 section 31 Land Transport Amendment Act 2017 Mandatory prohibition from driving following 2 positive oral fluid tests Heading inserted 11 March 2023 section 27 Land Transport (Drug Driving) Amendment Act 2022
94A: Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive
1: An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person has undergone 2 oral fluid tests and the results of both tests are positive.
2: The 12-hour period starts immediately after the enforcement officer notifies the person of the prohibition.
3: An enforcement officer may arrest without warrant a person who fails to comply with a direction under subsection (1) or drives or attempts to drive within the 12-hour period. Section 94A inserted 11 March 2023 section 27 Land Transport (Drug Driving) Amendment Act 2022 Mandatory suspension of driver licence
95: Mandatory 28-day suspension of driver licence in certain circumstances
1: An enforcement officer must give a person a notice under this section if the enforcement officer believes on reasonable grounds that the person has—
a: undergone an evidential breath test or blood test under this Act and been found,—
i: for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2) 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) or (2)
A: to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
C: to have a blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug; or
D: to have an unlisted qualifying drug in the person’s blood after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
ii: in any other case,—
A: to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood ; or
b: failed or refused to undergo a blood test, after having been required or requested to do so under section 72 section 73
c: driven a motor vehicle on a road at a speed exceeding—
i: the permanent speed limit
ii: any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).
1A: If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 650
a: the enforcement officer must give the person a notice under subsection (1)(a) even though the person has the right under section 70A
b: a further notice is not required and must not be given under subsection (1)(a) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 130
2: A notice under this section must—
a: be in a form prescribed by regulations made under this Act or in a form to the same effect; and
b: tell the person to whom it is given that the person is suspended from holding or obtaining a driver licence for 28 days
c: require the person to immediately surrender any driver licence that the person has
d: outline the person's rights of appeal under sections 101 109
3: A suspension under this section starts immediately after the notice is given to the person to whom it applies.
4: A person whose driver licence is suspended under this section has the rights of appeal conferred by sections 101 109
5: Nothing in this section affects or limits any power of a court to impose a penalty.
6: Subsection (1)(c) does not apply if the vehicle—
a: was an ambulance fitted with a siren or bell, and at the time was being used on urgent ambulance service; or
b: was conveying a constable
c: was being used by a fire brigade for attendance at fires or other emergencies, and at the time was being used on urgent fire brigade service.
7: The suspension of a driver licence under subsection (1) ceases to have effect if—
a: the Police decide finally that proceedings will not be taken against the person for an offence arising out of circumstances referred to in subsection (1) or if such proceedings have been taken and the person is acquitted; and
b: the suspension has not already been removed.
8: The suspension of a person's driver licence in the circumstances referred to in subsection (1A) ceases to have effect when the result of the blood test (if any) is notified to the person if—
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 130
b: the result of the blood test is notified to the person before the close of the 28-day suspension period.
9: For the purposes of this section, driver licence Section 95(1)(a) substituted 16 January 2006 section 49(1) Land Transport Amendment Act 2005 Section 95(1)(a)(i) amended 11 March 2023 section 28(1) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)(a)(i)(C) inserted 11 March 2023 section 28(2) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)(a)(i)(D) inserted 11 March 2023 section 28(2) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)(a)(ii)(B) amended 10 May 2011 section 57(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 95(1)(c) substituted 16 January 2006 section 49(2) Land Transport Amendment Act 2005 Section 95(1)(c)(i) amended 1 April 2021 section 89 Land Transport (NZTA) Legislation Amendment Act 2020 Section 95(1A) inserted 29 December 2001 section 10(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 95(1A) amended 16 January 2006 section 49(3) Land Transport Amendment Act 2005 Section 95(1A)(b) amended 16 January 2006 section 49(4) Land Transport Amendment Act 2005 Section 95(2)(b) amended 11 August 2017 section 92(1) Land Transport Amendment Act 2017 Section 95(2)(c) amended 11 August 2017 section 92(2) Land Transport Amendment Act 2017 Section 95(6)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 95(8) added 29 December 2001 section 10(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 95(8)(a) amended 16 January 2006 section 49(5) Land Transport Amendment Act 2005 Section 95(9) added 10 May 2011 section 57(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
95A: Extension of 28-day suspension period of driver licence under section 95
1: A Police employee holding the office of constable and who is of or above the position of inspector may, after giving notice in writing to the person whose driver licence has been suspended, apply to a District Court Judge for an order extending the 28-day suspension period referred to in section 95(2)(b)
2: An application must specify the circumstances that make it necessary to extend the 28-day suspension period.
3: The maximum number of applications that may be made under this section in respect of a suspended driver licence is 3.
4: The District Court
5: A person whose driver licence has been suspended for a further period not exceeding 28 days by an order made under subsection (4) may appeal to the High Court against that order.
6: The High Court may confirm, reverse, or modify the order appealed against.
7: Every order appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending. Section 95A inserted 10 May 2011 section 58 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 95A(4) amended 1 March 2017 section 261 District Court Act 2016 Impoundment of vehicles
96: Vehicle
1: An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
a: the person was disqualified from holding or obtaining a driver licence authorising the person to drive that vehicle; or
b: the person's driver licence is for the time being suspended or was revoked; or
ba: in the case of a person who is the holder of an alcohol interlock licence, the person operated that vehicle contrary to the conditions of that licence; or
c: in the case of a person who was previously forbidden to drive because the person was an unlicensed driver or his or her driver licence had expired, the person did not hold a driver licence ; or
d: the person, if they had previously been convicted of 2 or more offences against any of sections 56(1) and (2) 57 57AA 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) and (2)
i: had a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
ii: had a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
iii: had a blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug; or
iv: had any presence of an unlisted qualifying drug in their blood after failing to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
v: failed or refused to undergo a blood test, after having been required or requested to do so under section 72 73
1AA: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
a: the driver operated the vehicle in a manner that breached a qualifying bylaw; and
b: the vehicle is subject to a warning notice attached under section 22AF
1AAB: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that the driver has committed an offence against section 35(1)(a) or (b) 39(1)
1A: An enforcement officer must, if practicable,
a: operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
1AB: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop (or remain stopped) section 114
1B: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under subsection (1A) must, by means of a notice in the form approved for the purposes of section 115(1)
1C: For the purposes of this Act and any other enactment, a notice given under subsection (1B) has effect as a notice given under section 115(1)
1D: A notice under subsection (1B) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise, unless the direction referred to in that subsection has been cancelled.
1E: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle because he or she believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath,—
a: must give the person a notice under subsection (2) even though the person has the right under section 70A
b: a further notice is not required and must not be given under subsection (2) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood.
2: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under this section must—
a: complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
i: the full name and full address
ii: the year and make of the vehicle, and its registration plate details or vehicle identification number; and
iia: if subsection (1A) applies, the date and time of the alleged offence; and
iii: the date and time of the seizure; and
iv: the place where the vehicle is to be impounded; and
v: an outline of the person's rights of appeal under sections 102 110
b: give the driver a copy of the notice, unless the driver has left the scene; and
c: give the person registered under Part 17
d: cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and
e: retain a copy of the notice for 12 months.
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and the driver is not the registered person, the registered person's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
3: The owner of an impounded vehicle has the rights of appeal provided in sections 102 110
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
5: An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.
6: A vehicle to which a notice under this section relates must be released to the owner if—
a: the Police have decided not to take any of the following proceedings (or if proceedings have been taken and the person is acquitted):
i: proceedings against a person who drove the vehicle in circumstances referred to in subsection (1):
ii: proceedings against a person who operated the vehicle in circumstances referred to in subsection (1AA) or (1A):
iii: in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against that person:
iv: in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against a person (if any) who has not provided the information requested under section 118(4)
b: the vehicle has not been—
i: released; or
ii: seized under the Summary Proceedings Act 1957
iii: confiscated under the Sentencing Act 2002
6A: A vehicle to which a notice under this section relates must be released to the owner when the result of the blood test (if any) is notified to the person who drove the vehicle in circumstances referred to in subsection (1)(d) if—
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 80 milligrams of alcohol per 100 millilitres of blood; and
b: the vehicle has not already been released.
6B: A vehicle to which subsection (1AB) applies may be released to the owner if the owner—
a: was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
b: has provided the information requested under section 118(4)
7: Nothing in this section authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.
8: Nothing in subsection (1) applies to a person driving a vehicle if—
a: the person an approved course or programme
b: the driving occurs in the course of the person’s course or programme
i: in the case of a motorcyclist, under the supervision of a person who holds a current certificate of approval as a driving instructor issued by the Director
ii: in any other case, while accompanied by a person who holds a certificate referred to in subparagraph (i).
9: Nothing in subsection (1A) applies to a person operating a motor vehicle in a manner that is authorised by law within the meaning of section 22A(4) Section 96 heading amended 2 May 2003 section 8(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1)(ba) inserted 10 September 2012 section 59(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 96(1)(c) amended 16 January 2006 section 50(1) Land Transport Amendment Act 2005 Section 96(1)(d) replaced 11 March 2023 section 29 Land Transport (Drug Driving) Amendment Act 2022 Section 96(1AA) inserted 1 December 2009 section 22(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AAB) inserted 5 April 2023 section 16 Criminal Activity Intervention Legislation Act 2023 Section 96(1A) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1A) amended 1 December 2009 section 22(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AB) inserted 1 December 2009 section 22(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AB) amended 11 August 2017 section 42(1)(a) Land Transport Amendment Act 2017 Section 96(1AB) amended 11 August 2017 section 42(1)(b) Land Transport Amendment Act 2017 Section 96(1B) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1C) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1D) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1E) inserted 16 January 2006 section 50(2) Land Transport Amendment Act 2005 Section 96(2)(a)(i) amended 1 December 2009 section 22(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(2)(a)(iia) inserted 2 May 2003 section 8(3) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(2)(c) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 96(2A) inserted 1 December 2009 section 22(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(4) substituted 1 December 2009 section 22(6) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(4A) inserted 1 December 2009 section 22(6) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(6)(a) replaced 11 August 2017 section 42(2) Land Transport Amendment Act 2017 Section 96(6)(b) substituted 23 July 2011 section 8 Land Transport Amendment Act 2011 Section 96(6A) inserted 16 January 2006 section 50(3) Land Transport Amendment Act 2005 Section 96(6B) inserted 11 August 2017 section 42(3) Land Transport Amendment Act 2017 Section 96(8)(a) amended 1 April 2021 section 90(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(8)(a) amended 16 January 2006 section 50(4) Land Transport Amendment Act 2005 Section 96(8)(b) amended 1 April 2021 section 90(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(8)(b) amended 16 January 2006 section 50(5) Land Transport Amendment Act 2005 Section 96(8)(b)(i) amended 1 April 2021 section 90(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(9) added 2 May 2003 section 8(5) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
96A: Impoundment of vehicle used in transport service
1: An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
a: the transport service operator was disqualified from holding or obtaining a transport service licence; or
b: the transport service operator's transport service licence was suspended or revoked; or
c: the transport service operator—
i: does not hold a transport service licence; and
ii: has previously been forbidden to operate a transport service.
2: An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—
a: complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
i: the full name and full address
ii: the full name and full address
iii: the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and
iv: the date and time of the seizure; and
v: the place where the vehicle is to be impounded; and
vi: an outline of the person's rights of appeal under sections 102 110
b: give the driver a copy of the notice, unless the driver has left the scene; and
c: give the person registered under Part 17
d: cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and
e: retain a copy of the notice for 12 months.
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and different from the driver, the transport service operator’s—
i: full name; and
ii: full address; and
iii: date of birth (if an individual); and
iv: telephone number.
3: The owner of an impounded vehicle has the rights of appeal provided in sections 102 110
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
5: An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.
6: A vehicle to which a notice under this section relates must be released to the owner if—
a: the Director
b: the vehicle has not been—
i: released; or
ii: seized under the Summary Proceedings Act 1957
iii: confiscated under the Sentencing Act 2002
7: Nothing in subsection (1) authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.
8: Sections 97 98 Section 96A inserted 1 October 2007 section 51 Land Transport Amendment Act 2005 Section 96A(2)(a)(i) amended 1 December 2009 section 23(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(2)(a)(ii) amended 1 December 2009 section 23(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(2)(c) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 96A(2A) inserted 1 December 2009 section 23(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4) substituted 1 December 2009 section 23(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4A) inserted 1 December 2009 section 23(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4A) substituted 10 May 2011 section 60 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 96A(6)(a) amended 1 April 2021 section 91 Land Transport (NZTA) Legislation Amendment Act 2020 Section 96A(6)(b) substituted 23 July 2011 section 9 Land Transport Amendment Act 2011
97: Storage of impounded vehicles
1: A motor vehicle seized and impounded under section 96
2: The owner of the impounded vehicle is liable to pay the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167
2A: For the purposes of subsection (2), owner
3: The fees and charges referred to in subsection (2) are recoverable from the owner of the impounded
3A: The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 Sentencing Act 2002
4: Nothing in subsection (3) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.
5: A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
6: The storage provider must immediately comply with—
a: a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or
b: a warrant to seize property executed by a bailiff or constable under section 94
c: a warrant of confiscation under section 132
7: The Commissioner, the chief executive of the Ministry of Justice, or a Registrar,
8: For the purposes of subsection (7), Registrar the District Court Section 97(2A) inserted 10 May 2011 section 61 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 97(3) amended 1 December 2009 section 24(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(3A) inserted 1 December 2009 section 24(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(6) substituted 1 December 2009 section 24(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(7) amended 1 December 2009 section 24(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(8) added 1 December 2009 section 24(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(8) amended 1 March 2017 section 261 District Court Act 2016
98: Release of vehicle after 28 days
1: On or after the close of the 28-day impoundment period, the owner of the vehicle, or a person authorised for the purpose by the owner section 94 section 132
a: showing the storage provider proof of identity and either,—
i: in the case of the owner of the vehicle
ii: in the case of a Registrar, bailiff, or constable, the warrant; and
b: paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.
2: The storage provider is directed to release the vehicle as soon as practicable after subsections (1), (6), and (7) are
3: An enforcement officer authorised for the purpose by the Commissioner may order the release of an impounded vehicle at any time before the close of the 28-day impoundment period if—
a: the vehicle was impounded from an unlicensed driver; and
b: that person has paid the fees and charges due for towage and storage of the vehicle as at the time of payment and produces to the officer his or her current driver licence.
4: If—
a: a further 10 days
b: the owner, or a person authorised for the purpose by the owner, has not claimed the vehicle and has not paid the fees and charges for towage and storage of the vehicle or entered into an arrangement to pay those fees and charges; and
c: no other person has, within that period, established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle,— the storage provider may apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of the vehicle, and any personal property found in the vehicle, and may, with the officer's approval, dispose of the vehicle, and any personal property found in the vehicle, on the terms and conditions that the officer thinks fit
5: On obtaining approval under subsection (4), the storage provider becomes the owner of the vehicle , and any personal property found in the vehicle,
6: However, before disposing of a motor vehicle under subsection (4), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 section 132
a: pay any unpaid fees and charges referred to in section 97(2)
b: enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the owner of the impounded vehicle is liable to pay under section 97(2)
8: For the purposes of subsection (6), security interest section 17
9: Despite anything in subsections (1) to (8)
a: in the case of a bailiff or constable executing a warrant to seize property under section 94
i: begins immediately on the expiry of the applicable 14-day appeal period specified in section 102
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5):
b: in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132
i: begins immediately on the impoundment of the vehicle; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5). Section 98(1) substituted 1 December 2009 section 25(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(1) amended 17 December 2016 section 60(1) Statutes Amendment Act 2016 Section 98(1)(a)(i) amended 17 December 2016 section 60(2) Statutes Amendment Act 2016 Section 98(2) amended 1 December 2009 section 25(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(4) amended 1 December 2009 section 25(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(4)(a) amended 16 January 2006 section 52 Land Transport Amendment Act 2005 Section 98(5) amended 1 December 2009 section 25(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(6) added 1 November 2009 section 21 Land Transport Amendment Act 2009 Section 98(7) added 1 December 2009 section 25(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(7) substituted 10 May 2011 section 62(2)(a) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(8) added 1 November 2009 section 21 Land Transport Amendment Act 2009 Section 98(8) substituted 10 May 2011 section 62(2)(b) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(9) added 1 December 2009 section 25(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(9) substituted 10 May 2011 section 62(2)(c) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(9) amended 10 May 2011 section 62(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Prohibiting sale or disposal of motor vehicles Heading inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
98A: Commissioner may prohibit sale or disposal of certain motor vehicles
1: This section applies if—
a: a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002
b: the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002
2: If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—
a: the person who is charged; and
b: the registered person of the motor vehicle (if a person other than the person who is charged).
3: A person notified under subsection (2) may not sell, or dispose of,—
a: the motor vehicle specified in the notice:
b: any parts of the motor vehicle specified in the notice.
4: The Commissioner—
a: must cancel the notice given under subsection (2) if the person charged—
i: does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or
ii: is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002
iii: is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002
b: may cancel the notice given under subsection (2) if—
i: the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or
ii: the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or
iii: the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person. Section 98A inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
98B: Appeal of notice to District Court
1: Any person who is given notice under section 98A
2: The court must determine the appeal on 1 or more of the grounds specified in section 98A(4)
3: The court may confirm or cancel the notice.
4: Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending. Section 98B inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
7A: Immobilising devices applied to parked motor vehicles
Part 7A inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98C: Interpretation
In this Part,— immobilising device operator parking place prescribed amount section 167(1)(md) Section 98C inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98D: Immobilising devices applied to parked motor vehicles
1: This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—
a: the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
b: the operator’s actions are authorised by or under an enactment.
2: The operator—
a: must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
b: may require the fee to be paid before the immobilising device is removed; and
c: must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
i: as soon as is reasonably practicable after the fee is paid; or
ii: if there is no fee, at the direction of the person in charge of the motor vehicle.
3: The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.
4: A person who contravenes subsection (2)(a) or (c) commits an offence and is liable on conviction to a fine not exceeding $3,000, in the case of an individual, or $15,000, in the case of a body corporate.
5: If the operator fails to comply with subsection (2)(c) or fails to comply with subsection (3) after the person in charge of the motor vehicle has made reasonable efforts to contact the operator, the person in charge of the motor vehicle—
a: may remove or arrange for the removal of the immobilising device from the motor vehicle; and
b: is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.
6: This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place. Section 98D inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98E: Enforcement of section 98D and related matters
1: For the purpose of enforcing section 98D section 113
a: direct an operator to remove an immobilising device from a motor vehicle within a specified time; and
b: remove an immobilising device from a motor vehicle or arrange for its removal.
2: A person may enter and remain in a parking place for the purpose of removing an immobilising device from a motor vehicle if an enforcement officer or the person in charge of the motor vehicle has arranged in accordance with this section or section 98D
3: In considering whether an operator has complied with section 98D(3)
4: To avoid doubt, section 98D(4) section 4
5: In any proceedings before a Disputes Tribunal where an operator claims an amount in respect of a dispute to which section 98D
6: Nothing in subsection (5) affects proceedings before a Disputes Tribunal relating to any damage caused to an immobilising device as a result of its removal from a motor vehicle. Section 98E inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
8: Mitigation of penalties and rights of appeal
Removal of disqualifications
99: Court may
reduce
1: A person (the applicant
a: has more than 1 year of an existing disqualification or disqualifications left to serve; and
b: has not been convicted in the previous 2 years of offences against any of the following sections of this Act:
i: section 35(1)(a) or (b)
ii: section 36(1)
iii: section 36A(1)(a) or (c)
iv: section 36A(2) or (3)
v: section 39(1)
vi: section 56(1) or (2)
via: section 57A(1)
viaa: section 57B(1)
viab: section 57C(1)
vii: section 58(1)
viii: section 60(1)
ix: section 61(1) or (2)
x: section 62(1) or (1B)
c: has not been convicted in the previous 2 years or concurrently of an offence against section 171
d: has not been convicted of offences against section 32(1)(a) or (b) or (c)
1A: For the purposes of subsection (1)(b), (c), and (d), the date on which a person has been convicted is the date on which a conviction has been entered against that person.
2: On an application under subsection (1), the court may, having regard to the character of the applicant and the applicant's conduct since the order was made, the nature of the offence, and any other circumstances of the case, either—
a: reduce
b: treat the application as an application for an order under section 105
3: In having regard under subsection (2) to the conduct of the applicant subsequent to an order disqualifying the applicant from holding or obtaining a driver licence, the court must have regard to—
a: whether or not the opportunity to attend a programme approved under section 99A
b: whether or not the applicant attended that approved programme
c: any report of a person conducting such an approved programme
d: any report which relates to the medical condition of the applicant and which is from a health practitioner section 65
4: If an application under this section is refused,—
a: the court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but
b: otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.
5: If the disqualification was ordered by the District Court
6: If a court makes an order under this section and the person to whom it applies is, before the end of the period for which the original order of disqualification was made, convicted of an offence for which the applicant is liable for disqualification, the court must, whether or not it imposes a penalty for that offence, order that the applicant be disqualified from holding or obtaining a driver licence for the balance of the disqualification period specified in the original order.
7: No application or order under this section may be made by or apply to a person who is subject to an alcohol interlock sentence or to section 65 1962 No 135 s 39 Section 99 heading amended 16 January 2006 section 53(1) Land Transport Amendment Act 2005 Section 99(1) substituted 16 January 2006 section 53(2) Land Transport Amendment Act 2005 Section 99(1)(b)(iv) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 99(1)(b)(via) inserted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 99(1)(b)(viaa) inserted 11 March 2023 section 30 Land Transport (Drug Driving) Amendment Act 2022 Section 99(1)(b)(viab) inserted 11 March 2023 section 30 Land Transport (Drug Driving) Amendment Act 2022 Section 99(1)(b)(x) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 99(1A) inserted 16 January 2006 section 53(2) Land Transport Amendment Act 2005 Section 99(2)(a) amended 16 January 2006 section 53(3) Land Transport Amendment Act 2005 Section 99(3)(a) substituted 16 January 2006 section 53(4) Land Transport Amendment Act 2005 Section 99(3)(b) amended 16 January 2006 section 53(5) Land Transport Amendment Act 2005 Section 99(3)(c) amended 16 January 2006 section 53(6) Land Transport Amendment Act 2005 Section 99(3)(d) amended 7 November 2018 section 17 Land Transport Amendment Act 2016 Section 99(3)(d) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 99(5) amended 1 March 2017 section 261 District Court Act 2016 Section 99(5) amended 16 January 2006 section 53(7) Land Transport Amendment Act 2005 Section 99(7) amended 1 July 2018 section 32 Land Transport Amendment Act 2017
99A: Director
1: The Director sections 32 99
2: When approving a programme, the Director Director Section 99A inserted 16 January 2006 section 54 Land Transport Amendment Act 2005 Section 99A heading amended 1 April 2021 section 92(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 99A(1) amended 1 April 2021 section 92(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 99A(2) amended 1 April 2021 section 92(3) Land Transport (NZTA) Legislation Amendment Act 2020
100: Director
1: If an order has been made under section 65 the applicant Director
a: the applicant is a fit person to hold a driver licence, having regard to—
i: a report which is from a health practitioner Director
ii: any other evidence submitted by the applicant or otherwise available to the Director
b:
2: If the Director section 65
3: No order may be made under subsection (1) if the applicant concerned is subject to an order made under section 65 1 year and 1 day
4: If the Director Director section 108 1962 No 135 s 30C Section 100 heading amended 1 April 2021 section 93(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1) amended 1 April 2021 section 93(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)(a)(i) amended 1 April 2021 section 93(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)(a)(i) amended 7 November 2018 section 18 Land Transport Amendment Act 2016 Section 100(1)(a)(i) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 100(1)(a)(ii) amended 1 April 2021 section 93(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)(b) repealed 16 January 2006 section 55(1) Land Transport Amendment Act 2005 Section 100(2) amended 1 April 2021 section 93(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(3) amended 16 January 2006 section 55(2) Land Transport Amendment Act 2005 Section 100(4) inserted 1 July 2018 section 33 Land Transport Amendment Act 2017 Section 100(4) amended 1 April 2021 section 93(5) Land Transport (NZTA) Legislation Amendment Act 2020
100A: Director
1: If satisfied that the holder of an alcohol interlock licence (the applicant section 65AG Director
a: authorise the removal of the alcohol interlock device from every motor vehicle or vehicle the person drives; and
b: certify that the requirements of the alcohol interlock sentence have been fulfilled.
2: If the Director section 65AC(1)
3: If the Director Director section 108(1) Section 100A replaced 1 July 2018 section 34 Land Transport Amendment Act 2017 Section 100A heading amended 1 April 2021 section 94(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(1) amended 1 April 2021 section 94(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(2) amended 1 April 2021 section 94(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(3) amended 1 April 2021 section 94(3) Land Transport (NZTA) Legislation Amendment Act 2020
100B: Court may cancel alcohol interlock sentence and disqualify driver instead
1: A person may apply to a court seeking the cancellation of an alcohol interlock sentence if the person’s personal circumstances have changed significantly.
2: The court may cancel an alcohol interlock sentence, and if it does so, the court must—
a: disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence that would have applied under section 65AI section 65AB(2)
b: authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.
3: The court may set the length of the disqualification imposed under subsection (2)(a) after having regard to—
a: the length of time that has elapsed since the alcohol interlock sentence was imposed; and
b: the person’s compliance with section 65AG Section 100B inserted 1 July 2018 section 34 Land Transport Amendment Act 2017
100C: Court may impose alcohol interlock sentence if exception no longer applies
1: A person may apply to a court seeking an alcohol interlock sentence if—
a: an exception described in section 65AB(2) section 65AI
b: the exception no longer applies.
2: The court may cancel the person’s disqualification, and if it does so, the court must impose an alcohol interlock sentence. Section 100C inserted 1 July 2018 section 34 Land Transport Amendment Act 2017 Removal of licence suspension and return of impounded vehicles
101: Appeal to
Director
1: A person whose driver licence has been suspended under section 95 Director
a: the person was not the driver of the vehicle at the time of the act or omission to which that section applies; or
b: the enforcement officer did not have reasonable grounds of belief as required by section 95 or did not give a notice that complied with subsection (2) of that section.
2: An appeal under this section must be set out in a statutory declaration.
3: The Director
a: remove the suspension immediately, if satisfied that a ground referred to in subsection (1) has been established; or
b: dismiss the appeal.
4: If a suspension is removed under subsection (3)(a), the suspension ceases to have effect when that decision is made and the Director Agency
5: The Director Section 101 heading amended 1 April 2021 section 95(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(1) amended 1 April 2021 section 95(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(3) amended 1 April 2021 section 95(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(4) amended 1 April 2021 section 95(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 101(5) amended 1 April 2021 section 95(4) Land Transport (NZTA) Legislation Amendment Act 2020
102: Appeal to Police against impoundment of vehicle
1: An owner whose motor vehicle has been seized and impounded under section 96 or section 96A
a: the impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
b: the enforcement officer who seized the vehicle did not have reasonable grounds of belief as required by section 96 or section 96A those sections
c: the owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or
d: the owner took all reasonable steps to prevent the driver from driving the vehicle; or
e: the driver drove the vehicle in a serious medical emergency (which for the purpose of this paragraph includes carrying a person who is about to give birth) ; or
f: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3) 22AF 35(1)(a) or (b) 39(1) 114
g: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3) 22AF 35(1)(a) or (b) 39(1) 114
ga: if section 96(1AB)
i: was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
ii: either—
A: did not know, and could not reasonably have been expected to know, the identity of the driver; or
B: has otherwise provided the information requested under section 118(4)
h: if section 96A
i: was disqualified from holding a transport service licence; or
ii: had the relevant transport service licence suspended or revoked; or
iii: did not hold a transport service licence and had previously been forbidden to operate a transport service.
2: An appeal under this section must be set out in a statutory declaration and lodged no later than 14 days after the date on which the vehicle is seized and impounded
3: An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1) has been established,—
a: the authorised officer must direct that the vehicle be released immediately to the owner or a person authorised by the owner; and
b: if a direction in respect of the vehicle has been given under section 96(1B)
4: The authorised officer must consider and determine the appeal as soon as reasonably practicable, and,—
a: in the case of an appeal lodged on the ground set out in subsection (1)(a), determine the appeal not later than 2 working days after the day of lodgement:
b: in any other case, determine the appeal not later than 5 working days after the day of lodgement.
5: The authorised officer may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information. Section 102(1) amended 1 October 2007 section 56(1) Land Transport Amendment Act 2005 Section 102(1)(b) amended 1 October 2007 section 56(2)(a) Land Transport Amendment Act 2005 Section 102(1)(b) amended 1 October 2007 section 56(2)(b) Land Transport Amendment Act 2005 Section 102(1)(e) amended 2 May 2003 section 9(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 102(1)(f) replaced 5 April 2023 section 17 Criminal Activity Intervention Legislation Act 2023 Section 102(1)(g) replaced 5 April 2023 section 17 Criminal Activity Intervention Legislation Act 2023 Section 102(1)(ga) inserted 11 August 2017 section 43(3) Land Transport Amendment Act 2017 Section 102(1)(h) added 1 October 2007 section 56(3) Land Transport Amendment Act 2005 Section 102(2) amended 1 December 2009 section 27(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 102(3) substituted 2 May 2003 section 9(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Grant of limited licence
103: Persons who may apply to court for limited licence
1: Unless prevented by subsection (2), the following persons may apply for an order under section 105
a: persons who are disqualified by an order made under this Act from holding or obtaining a driver licence:
b: persons who are subject to a licence suspension under section 90
2: The following persons may not apply under this section for an order under section 105
a: a person who is disqualified from holding or obtaining a driver licence by an order made under section 65
b: a person who is disqualified from driving a vehicle being used in a transport service (other than a rental service) by virtue of section 63
c: a person who is disqualified from holding or obtaining a driver licence by an order made on his or her conviction for an offence against section 32(1)
d: a person who is disqualified by an order made on his or her conviction—
i: for an offence against any of sections 35 36 38 39
ii: for an offence against any of sections 56 57A 57B 57C 58 60 61 62
iii: for an offence against section 33(1) ; or
iv: for an offence against a provision of the Transport Act 1962 committed within 5 years after the commission of any other offence specified in this paragraph and arising from a different incident (whether or not both offences are of the same kind, regardless of when convictions were entered for those offences):
e: a person who—
i: is subject to an alcohol interlock sentence under section 65AC
ii: would have been subject to an alcohol interlock sentence but an exception described in section 65AB(2)
f: a person in respect of whom a driver licence stop order is in effect. 1962 No 135 s 38(1)–(1B) Section 103(2)(d)(ii) amended 11 March 2023 section 31 Land Transport (Drug Driving) Amendment Act 2022 Section 103(2)(d)(iii) amended 22 June 2005 section 57 Land Transport Amendment Act 2005 Section 103(2)(d)(iv) added 22 June 2005 section 57 Land Transport Amendment Act 2005 Section 103(2)(e) replaced 1 July 2018 section 35 Land Transport Amendment Act 2017 Section 103(2)(f) inserted 1 November 2013 section 10 Land Transport Amendment Act 2011
104: Issue of limited licence to be delayed or prohibited in certain cases
1: No order may be made under section 105
a: for an offence against this Act or the Transport Act 1962
b: for an offence against any of sections 35 36 38 39
c: for an offence against any of sections 56 57A 57B 57C 58 60 61 62
d: for an offence against section 33(1)
e: for an offence against section 42
2: An order may be made under section 105 or endorsement
3: No order may be made under section 105
a: for the purposes of conducting driving tests or acting as a driving instructor; or
b: in a passenger service, unless the accumulation of demerit points is the only reason for the suspension of that person's driver licence.
4: Unless the parties agree in a particular case that compliance with this subsection is not required, no order may be made under section 105 1962 No 135 s 38(2)(a)–(c) Section 104(1)(c) amended 11 March 2023 section 32 Land Transport (Drug Driving) Amendment Act 2022 Section 104(2) amended 10 May 2011 section 65 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 104(3) substituted 22 June 2005 section 58 Land Transport Amendment Act 2005
105: Court may make order authorising grant of limited licence
1: A court may at any time make an order under this section authorising the applicant to obtain, immediately or after the expiration of such period as the court may specify, a driver licence ( a limited licence
2: The court may make an order under this section if satisfied that—
a: the disqualification or suspension has resulted or will result in—
i: extreme hardship to the applicant (whether in relation to employment or otherwise); or
ii: undue hardship to a person other than the applicant (whether in relation to employment or otherwise); and
ab: the applicant meets the criteria specified in sections 103 104
b: an order under this section is not contrary to the interests of public safety.
3: In making an order under this section, the court—
a: must specify—
i: the purpose for which the limited licence is issued; and
ii: the particular vehicle or the type of vehicle which may be driven; and
iii: the days of the week and times at which that vehicle may be driven; and
iv: such other matters as may be necessary to limit the order to alleviating the hardship which was alleged and proved; and
b: may specify in the order such other matters as the court thinks fit.
4: If the application relates to a disqualification order made by the District Court
5: If an application under this section is refused,—
a: the court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but
b: otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.
6: Subject to subsection (6A) and section 30(5) Director
a: the person's driver licence is suspended under section 90
b: the person is disqualified from holding or obtaining a driver licence.
6A: If, after the court makes an order under this section, the Director sections 103 104 Director
a: decline to issue the limited licence; and
b: refer the applicant to the right of appeal under section 106
7: If the holder of a limited licence, or a person who is authorised to obtain a limited licence but has not become the holder of such a licence, is convicted of an offence for which an order of disqualification is imposed,—
a: the limited licence is
b: unless the court orders otherwise, the period of disqualification under the revived order of disqualification runs concurrently with the order of disqualification in respect of the second offence.
7A: If a driver licence stop order takes effect in respect of a person who holds a limited licence or is authorised to obtain a limited licence, then the limited licence—
a: is revoked or may not be issued (as the case may be); and
b: may, when a driver licence stop order is cancelled under section 91G section 91H
8: A person who holds a limited licence that is revoked under subsection (7) must immediately surrender their photographic driver licence to the court by which the person was convicted, to an enforcement officer, or at an office of the Agency (whether or not demand is made on the person).
8A: The holder of a limited licence that is revoked under subsection (7A) must immediately, and whether demand is made on the holder or not, surrender his or her photographic driver licence to an employee or agent of the Ministry of Justice or at an office of that Ministry or at the court.
9: Despite section 104(3)(b) 1962 No 135 s 38(2)–(9) Section 105(2)(ab) inserted 10 May 2011 section 66(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 105(4) amended 1 March 2017 section 261 District Court Act 2016 Section 105(6) substituted 23 July 2011 section 11(1) Land Transport Amendment Act 2011 Section 105(6) amended 1 April 2021 section 96(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(6A) inserted 10 May 2011 section 66(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 105(6A) amended 1 April 2021 section 96(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(7)(a) amended 23 July 2011 section 11(2) Land Transport Amendment Act 2011 Section 105(7A) inserted 1 November 2013 section 11(3) Land Transport Amendment Act 2011 Section 105(8) replaced 1 April 2021 section 96(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(8A) inserted 1 November 2013 section 11(5) Land Transport Amendment Act 2011 Section 105(9) added 22 June 2005 section 59 Land Transport Amendment Act 2005 Rights of appeal
106: General right of appeal to District Court
1: Any person who is dissatisfied with any decision made under this Act by the Director the District Court
2: The court may confirm, reverse, or modify the decision appealed against.
3: Every decision of the Director
4: Even though an appeal under this section may have been determined in favour of the appellant, the Director
5: Subsection (1) does not apply—
a: if a right of appeal to the District Court against the decision concerned is conferred by any other section of this Act:
b: to any decision made in relation to a class exemption, including a decision to grant (or not to grant), to amend, or to revoke a class exemption. Section 106(1) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(1) amended 1 March 2017 section 261 District Court Act 2016 Section 106(3) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(4) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(5) replaced 1 April 2021 section 6 Regulatory Systems (Transport) Amendment Act 2021
107: Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
1: A person who has been disqualified by order of the District Court the District Court
a: refusing to grant the person a limited licence; or
b: refusing to reduce the person's disqualification.
2: If it thinks fit, the District Court Part 6 Criminal Procedure Act 2011
2A: If the District Court refuses to defer the operation of the disqualification order pending the appeal, the person who applied for the disqualification order to be deferred may appeal to the High Court against that decision of the District Court.
2B: Subpart 2
3: A person who is disqualified by an order of the High Court from holding or obtaining a driver licence may, with the leave of the Court of Appeal, appeal to that court against a decision of the High Court—
a: refusing to grant the person a limited licence; or
b: refusing to remove the person's disqualification;— and the provisions of subpart 2
4: If an application is made to the Court of Appeal for leave to appeal to that court against a sentence of the District Court
5: If any such appeal to the High Court or Court of Appeal is allowed, whether in whole or in part, the Registrar of the High Court must notify the Director
6: In determining the period for which a person is disqualified from holding or obtaining a licence, any time during which the operation of the disqualification order is deferred under this section must be disregarded. 1962 No 135 s 41 Section 107(1) substituted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(1) amended 1 March 2017 section 261 District Court Act 2016 Section 107(2) substituted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2) amended 1 March 2017 section 261 District Court Act 2016 Section 107(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(2A) inserted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2B) inserted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2B) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(4) amended 1 March 2017 section 261 District Court Act 2016 Section 107(5) amended 1 April 2021 section 98 Land Transport (NZTA) Legislation Amendment Act 2020
108: Appeal against
Director’s
1: A person may appeal to the District Court against the refusal of the Director
a: remove a disqualification under section 100
b: replace an alcohol interlock licence with a zero alcohol licence under section 100A
2: In determining the appeal, the court may—
a: direct the Director
b: dismiss the appeal. Section 108 replaced 1 July 2018 section 36 Land Transport Amendment Act 2017 Section 108 heading amended 1 April 2021 section 99(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 108(1) amended 1 April 2021 section 99(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 108(2)(a) amended 1 April 2021 section 99(3) Land Transport (NZTA) Legislation Amendment Act 2020
109: Appeal against refusal of
Director
1: A person who unsuccessfully appeals to the Director section 101 the District Court
2: The court must determine the appeal on 1 or more of the grounds set out in subsection (1) or subsection (5) of section 101
3: The court may—
a: direct that the suspension be removed, in which case that direction has effect as if it had been made under section 101 Director
b: dismiss the appeal. Section 109 heading amended 1 April 2021 section 100(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(1) amended 1 April 2021 section 100(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(1) amended 1 March 2017 section 261 District Court Act 2016 Section 109(3)(a) amended 1 April 2021 section 100(3) Land Transport (NZTA) Legislation Amendment Act 2020
110: Appeal against refusal of Police to direct release of impounded vehicle
1: A person who unsuccessfully appeals to an enforcement officer under section 102 the District Court
1A: If a person fails to lodge an appeal under section 102 the District Court
1B: An enforcement officer may agree in writing to an appeal under subsection (1A) if the enforcement officer is satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified under section 102(2)
2: The court must determine the appeal on 1 or more of the applicable section 102
3: The court may—
a: make an order—
i: directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102
ii: if an enforcement officer has given a direction in respect of the vehicle under section 96(1B)
b: dismiss the appeal. Section 110(1) amended 1 March 2017 section 261 District Court Act 2016 Section 110(1A) inserted 1 December 2009 section 28 Land Transport (Enforcement Powers) Amendment Act 2009 Section 110(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 110(1B) inserted 1 December 2009 section 28 Land Transport (Enforcement Powers) Amendment Act 2009 Section 110(2) amended 2 May 2003 section 10(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 110(3) substituted 2 May 2003 section 10(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
111: Procedure
1: Every appeal under this Act to the District Court
2: In dealing with an appeal under this Act, the District Court
3: Every such appeal must be made and determined in accordance with the District Court Act 2016
4: Subject to sections 107 111A 111B Section 111(1) amended 1 March 2017 section 261 District Court Act 2016 Section 111(2) amended 1 March 2017 section 261 District Court Act 2016 Section 111(3) amended 1 March 2017 section 261 District Court Act 2016 Section 111(4) amended 1 October 2007 section 61(2) Land Transport Amendment Act 2005
111A: Appeal to High Court on question of law
1: A party to an appeal under section 106
2: An appeal under this section must be heard and determined in accordance with the rules of the High Court. Section 111A inserted 1 October 2007 section 61(1) Land Transport Amendment Act 2005
111B: Further appeal to Court of Appeal
1: This section applies to appeals under this Act with respect to the offences specified in Part 6A
2: If this section applies, a party to an appeal who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.
3: The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.
4: The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.
5: Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the ordinary rules of court. 1989 No 74 s 46 Section 111B inserted 1 October 2007 section 61(1) Land Transport Amendment Act 2005 Demerit points
112: Effect of appeal on demerit points
1: If a person appeals against a conviction for an offence to which section 88
a: no demerit points may be recorded in relation to the offence pending the determination of the appeal:
b: a recording of demerit points made in relation to the offence before the filing of the notice of appeal and any disqualification imposed as a result is cancelled:
c: if on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or is dismissed for want of prosecution, demerit points must be recorded in relation to the offence.
2: The Registrar of the court in which the appellant was convicted must notify the Director
3: If a conviction for an offence to which section 88 Director Section 112(2) amended 1 April 2021 section 101 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112(3) amended 1 April 2021 section 101 Land Transport (NZTA) Legislation Amendment Act 2020 Enforceable undertakings Heading inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020
112A: Director
1: The Director the contravention or alleged contravention
2: However, the Director may and the Director
a: the undertaking; and
b: the contravention or alleged contravention.
3: The Director Director sections 36AA 38 39 61 62
4: The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
5: To avoid doubt, the costs and expenses of the Agency or the Director or the Director Section 112A inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A heading amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(5) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112B: Notice of decision and reasons for decision
1: The Director
a: the Director’s
b: the reasons for the decision.
2: The Director Section 112B inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(1)(a) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112C: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the Director’s Director Section 112C inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112C amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112D: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for a body corporate, to a fine not exceeding $100,000. Section 112D inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020
112E: Contravention of enforceable undertaking
1: The Director
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Director
a: the costs of the proceedings; and
b: the reasonable costs of the Director
4: This section does not prevent proceedings being brought for the contravention or alleged contravention to which the enforceable undertaking relates. Section 112E inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(3)(b) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112F: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the Director
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention.
3: The Director Section 112F inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112F(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112F(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112G: Proceedings for contravention or alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or alleged contravention may be brought against a person if an enforceable undertaking is in effect in relation to that contravention or alleged contravention.
2: No proceedings may be brought for a contravention or alleged contravention against a person who—
a: has made an enforceable undertaking in relation to that contravention or alleged contravention; and
b: has completely discharged the enforceable undertaking.
3: The Director
4: If the Director Director Section 112G inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112G(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112G(4) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
9: Enforcement of responsibilities
General enforcement powers
113: Enforcement officers may enforce transport legislation
1: An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may enforce the provisions of—
a: Local Government Act 1974 the Local Government Act 2002 Road User Charges Act 2012 Government Roading Powers Act 1989 Railways Act 2005 the Land Transport Management Act 2003
b: regulations and rules and bylaws in force under any Acts mentioned in paragraph (a).
2: Without limiting any other powers conferred on an enforcement officer, an enforcement officer, in enforcing any provisions referred to in subsection (1), may at any time—
a: direct a person on a road (whether or not in charge of a vehicle) to give the person's full name, full address, date of birth, occupation, and telephone number,
b: inspect, test, and examine—
i: the brakes or any other part of a vehicle on a road or any associated equipment; or
ii: a land transport document, or a document resembling a land transport document, displayed or carried on the vehicle:
c: if the enforcement officer believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to a vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
i: enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
ii: move, or authorise another person to move, the vehicle to a place where it does not constitute a traffic hazard:
d: direct the driver or person in charge of a vehicle on a road to remove the vehicle from the road or a specified part of a road, if the officer believes on reasonable grounds that it causes an obstruction in the road or to a vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public:
e: forbid an unlicensed driver to drive a motor vehicle:
f: forbid a person who is operating a transport service without a licence to operate that transport service.
3: An enforcement officer in uniform or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on a road, may—
a: direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal, as the case may be, or to cause it to proceed in or keep to a particular line of traffic or direction:
b: direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).
4: In paragraphs (c) and (d) of subsection (2), road 1962 No 135 s 68B Section 113(1)(a) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 113(1)(a) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 113(1)(a) amended 10 May 2011 section 67 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 113(1)(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 113(1)(a) amended 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 113(1)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 113(1)(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 113(1)(a) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 113(1)(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 113(2)(a) amended 1 December 2009 section 29 Land Transport (Enforcement Powers) Amendment Act 2009 Section 113(2)(f) added 1 October 2007 section 62 Land Transport Amendment Act 2005
113A: Power to inspect records
1: For the purpose of ascertaining whether this Act has been or is being complied with by any person to whom this Act applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce without delay for inspection all relevant books or records in that person's possession or over which that person has control, including (but not limited to) records kept under section 65
2: The enforcement officer may take extracts from or make copies of any books or records so produced. 1989 No 74 s 63A Section 113A inserted 1 October 2007 section 63 Land Transport Amendment Act 2005 Section 113A(1) amended 11 August 2017 section 52 Land Transport Amendment Act 2017
114: Power to require driver to stop and give name and address, etc
1: An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle to stop the vehicle as soon as is practicable.
2: An enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop.
2A: Subject to subsections (4) and (5), the driver of a vehicle that is stopped by an enforcement officer under this Act must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Act.
3: An enforcement officer may require the driver of a vehicle that is stopped under this Act to—
a: remain stopped for as long as is reasonably necessary for an enforcement officer to obtain the particulars referred to in paragraph (b), or to complete the exercise of any other power conferred on an enforcement officer by this Act; and
b: on demand by an enforcement officer,—
i: give his or her full name, full address, date of birth, occupation, and telephone number,
ii: state whether or not he or she is the owner of the vehicle; and
iii: if the driver is not the owner of the vehicle, give the name and address of the owner or such particulars within the driver's knowledge as may lead to the identification of the owner.
4: The driver of a vehicle that is stopped under subsection (2) is not obliged to remain stopped if the vehicle with flashing lights and siren does not itself stop in the near vicinity of the place where the driver has stopped.
5: An enforcement officer may require a driver to remain stopped on a road for as long as is reasonably necessary to enable the officer to establish the identity of the driver, but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.
6: An enforcement officer may arrest a person without warrant if the officer has good cause to suspect the person of having—
a: failed to comply with this section or a signal or request or requirement under this section; or
b: given false or misleading information under this section. 1962 No 135 s 66 Section 114(2A) inserted 22 June 2005 section 64 Land Transport Amendment Act 2005 Section 114(3)(b)(i) amended 1 December 2009 section 30 Land Transport (Enforcement Powers) Amendment Act 2009
115: Enforcement officers may give directions prohibiting driving of vehicles
1: An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—
a: affix or cause to be affixed to the vehicle a notice in the form approved by the Minister Gazette
b: give the driver or owner of the vehicle a notice in a form approved by the Minister Gazette
2: A notice given under subsection (1) continues in force until the vehicle—
a: has been inspected by a person authorised by the Director
b: the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
c: new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director
2A: Despite subsection (2), the enforcement officer may specify that the notice in subsection (1) continues in force until—
a: the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
b: the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.
3: An enforcement officer who believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road, may—
a: affix or cause to be affixed to the vehicle a notice to that effect in a form approved by the Minister Gazette
b: give the driver or owner of the vehicle a notice in a form approved by the Director Gazette
i: it has been inspected by a person authorised by the Director
ii: the person is satisfied that the vehicle is in a safe condition for driving on the road; and
iii: new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director
3A: When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.
3B: If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.
4: A notice under subsection (1) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise.
5: A notice under subsection (3) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair.
6: A notice given by the Minister Gazette Minister 1962 No 135 s 68B(2A) Section 115(1) substituted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(1)(a) amended 7 August 2011 section 68(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(1)(b) amended 7 August 2011 section 68(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(2) substituted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(2)(a) amended 1 April 2021 section 103(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(2)(c) amended 1 April 2021 section 103(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(2A) inserted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(3)(a) amended 7 August 2011 section 68(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(3)(b) amended 1 April 2021 section 103(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3)(b)(i) amended 1 April 2021 section 103(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3)(b)(iii) amended 1 April 2021 section 103(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3A) inserted 1 December 2009 section 31 Land Transport (Enforcement Powers) Amendment Act 2009 Section 115(3B) inserted 1 December 2009 section 31 Land Transport (Enforcement Powers) Amendment Act 2009 Section 115(6) amended 7 August 2011 section 68(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
116: Enforcement of directions
1: An enforcement officer may arrest without warrant a person whom the officer has good cause to suspect has failed to comply with a direction given under section 98E , 113 , or 115
2: A person charged with an offence of contravening a prohibition imposed under section 115(3) 1962 No 135 s 68B(1C) Section 116(1) amended 2 January 2020 section 5 Land Transport (Wheel Clamping) Amendment Act 2019
117: Moved vehicle not to be damaged and to be returned to person entitled to possession
1: A person who is authorised by an enforcement officer to—
a: enter a vehicle for the purpose of moving it or preparing it for movement; or
b: move a vehicle to a place where it does not constitute a traffic hazard; or
c: impound a vehicle— may do so, but must do everything reasonably necessary to ensure that the vehicle and personal property in or on the vehicle are not damaged.
2: A person who—
a: has possession of a vehicle as a result of its being moved under section 113(2)(c)
b: when requested at a reasonable time to do so by a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle immediately before it was moved,— must release the vehicle to that person immediately. 1962 No 135 s 68B(5)
118: Requirement to give information as to identity of driver or passenger
1: If an enforcement officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of the vehicle, the officer may request the owner or hirer of the vehicle to give all information in his or her possession or obtainable by him or her which may lead to the identification and apprehension of the driver of the vehicle.
2: If an enforcement officer has reasonable cause to believe that a passenger of a vehicle has committed an offence in or through the use of the vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence, the officer may request the owner or hirer of the vehicle to give all information which may lead to the identification and apprehension of the passenger.
3: A request under subsection (1) or subsection (2) or subsection (6) or licence holder
4: If a vehicle failed to stop or remain stopped in contravention of section 114 or hirer or hirer
5: Subsection (4) does not apply if the owner or hirer
6: If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the full name and address of the driver. 1962 No 135 s 67 s 32(1) Section 118 heading replaced 11 August 2017 section 44(1) Land Transport Amendment Act 2017 Section 118(3) amended 1 October 2007 section 66(2)(a) Land Transport Amendment Act 2005 Section 118(3) amended 1 October 2007 section 66(2)(b) Land Transport Amendment Act 2005 Section 118(4) amended 11 August 2017 section 44(2)(a) Land Transport Amendment Act 2017 Section 118(4) amended 11 August 2017 section 44(2)(b) Land Transport Amendment Act 2017 Section 118(5) amended 11 August 2017 section 44(3) Land Transport Amendment Act 2017 Section 118(6) added 1 October 2007 section 66(3) Land Transport Amendment Act 2005 Section 118 compare note substituted 1 October 2007 section 66(4) Land Transport Amendment Act 2005 Powers of entry, arrest, immobilisation, and impoundment
119: Powers of entry
1: An enforcement officer may exercise the powers conferred by subsection (2) if the enforcement officer—
a: has good cause to suspect that a person—
i: has contravened a request or requirement or demand made under section 114
ii: has also committed or is committing an offence against section 35(1)(a)
b: is freshly pursuing that person.
2: The enforcement officer may, without warrant, in the course of the pursuit enter, by force if necessary, any premises which the person has entered, for either or both of the following purposes:
a: determining whether or not a power conferred on an enforcement officer by section 68 69 71A
b: exercising or completing the exercise of any such power in respect of that person (as if the person were in a motor vehicle on a road).
2A: The provisions of Part 4 subpart 3
(3): An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96 96A 123
a: if—
i: an enforcement officer has been freshly pursuing the vehicle; or
ii: it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or
iii: an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of an imprisonable offence (within the meaning of section 5
b: if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).
4: For the purposes of seizing and impounding a vehicle under section 96 or section 96A section 123
5: An enforcement officer may apply, in the manner provided for an application for a search warrant in subpart 3 section 3 section 96 or section 96A section 123 issuing officer
6: The provisions of Part 4 subpart 3
7: An enforcement officer who enters any premises under this section may not exercise on those premises any power of arrest conferred by this Act other than a power of arrest conferred by any of sections 68(3) 69(6) 120 1962 No 135 s 66A Section 119(2)(a) amended 11 March 2023 section 33 Land Transport (Drug Driving) Amendment Act 2022 Section 119(2A) inserted 1 October 2012 section 268(2) Search and Surveillance Act 2012 Section 119(3) replaced 1 October 2012 section 268(3) Search and Surveillance Act 2012 Section 119(3)(a)(iii) amended 17 December 2016 section 61(1) Statutes Amendment Act 2016 Section 119(4) amended 1 October 2007 section 67(2) Land Transport Amendment Act 2005 Section 119(5) amended 17 December 2016 section 61(2) Statutes Amendment Act 2016 Section 119(5) amended 1 October 2012 section 268(4) Search and Surveillance Act 2012 Section 119(5) amended 1 October 2007 section 67(3) Land Transport Amendment Act 2005 Section 119(6) replaced 1 October 2012 section 268(5) Search and Surveillance Act 2012
120: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
1: An enforcement officer may arrest a person without warrant if the officer has good cause to suspect that the person—
a: has committed an offence against any of sections 58 to 62
b: has assaulted that or any other enforcement officer while the officer was acting in the course of the officer's official duties.
1A: An enforcement officer may arrest a person without warrant if the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71F
2: A person assisting an enforcement officer may arrest without warrant a person referred to in subsection (1)(b).
3: A person other than a constable constable
4: The obligation in subsection (3) does not apply until the completion of the exercise of any powers that may be exercised under this Act in respect of the arrested person or any vehicle driven by that person.
5: The powers conferred by this section are in addition to any other powers of arrest under this Act. 1962 No 135 ss 62 62A 62B Section 120(1A) inserted 1 November 2009 section 22 Land Transport Amendment Act 2009 Section 120(1A) amended 11 March 2023 section 34 Land Transport (Drug Driving) Amendment Act 2022 Section 120(3) amended 1 October 2008 section 116(a)(vii) Policing Act 2008
121: Enforcement officer may immobilise vehicle, etc,
in specified circumstances
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—
a: either—
i: a person who is for the time being in charge of a motor vehicle,—
A: because of his or her physical or mental condition (however arising), is incapable of having proper control of the vehicle; or
B: has not completed a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71F
C: has failed or refused to undergo a compulsory impairment test when required to do so under section 71F
D: has failed or refused to permit a blood specimen to be taken when required to do so by an enforcement officer under section 72(1)(a) or (e)
ii: the requirements of any enactment concerning work time or rest time
b: in all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.
2: The enforcement officer may—
a: forbid that person to drive a motor vehicle for such period as the enforcement officer specifies:
b: direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:
c: take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up immediately all such keys:
d: take such steps as may be necessary to render the vehicle immobile or to remove it to a place where it does not constitute a traffic hazard.
3: The period for which an enforcement officer forbids a person to drive under subsection (2)(a) must, where the person has undergone an evidential breath test and it appears to the enforcement officer that the test is positive,
4: An enforcement officer may arrest without warrant a person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section. 1962 No 135 s 63 Section 121 heading amended 10 May 2011 section 70 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 121(1)(a)(i) replaced 11 August 2017 section 93 Land Transport Amendment Act 2017 Section 121(1)(a)(i)(B) amended 11 March 2023 section 35(1) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)(a)(i)(C) amended 11 March 2023 section 35(1) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)(a)(i)(D) inserted 11 March 2023 section 35(2) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)(a)(ii) amended 1 October 2007 section 68 Land Transport Amendment Act 2005 Section 121(3) amended 1 December 2014 section 14 Land Transport Amendment Act (No 2) 2014
121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person.
2: The enforcement officer may—
a: forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
b: direct the person to drive to a specified place (for example, the person's home):
c: take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
d: take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.
3: An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2).
4: The power to take possession under subsection (2)(c) or to immobilise or move under subsection (2)(d) continues until—
a: the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
b: another person is able to drive the vehicle without breaching—
i: that person's licence:
ii: any enactment. Section 121A inserted 1 December 2009 section 32 Land Transport (Enforcement Powers) Amendment Act 2009
122: Enforcement officer may seize and impound vehicle for up to 12 hours in emergency
1: If an enforcement officer believes on reasonable grounds that it is in the interests of public safety that a motor vehicle should be seized and impounded, and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may seize and impound, or authorise the impoundment of, the vehicle for such period (which may not exceed 12 hours) as is required to secure those interests.
2: If an enforcement officer believes on reasonable grounds that it is in the interests of public safety for a vehicle to remain impounded under this section for a further period and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may extend by up to 12 hours the period for which the vehicle was impounded under subsection (1).
3: Sections 96(4) 97 98
123: Enforcement officer may seize and impound vehicle for up to
10 working days in relation to certain offences
1: An enforcement officer may seize and impound a motor vehicle for such period (which may not exceed 10 working days
a: the vehicle has been involved in a serious traffic accident or a hit and run offence; or
b: a driver has failed to stop (or remain stopped) as signalled, requested, or required under section 114
2: Section 96(4) section 97
3: A constable who is of or above the level of position of inspector person registered under Part 17 10 working days
4: For the purposes of this section,— hit and run offence Crimes Act 1961 section 22 serious traffic accident Section 123 heading amended 1 April 2021 section 7(1) Regulatory Systems (Transport) Amendment Act 2021 Section 123 heading amended 11 August 2017 section 45(1) Land Transport Amendment Act 2017 Section 123(1) amended 1 April 2021 section 7(2) Regulatory Systems (Transport) Amendment Act 2021 Section 123(1)(b) replaced 11 August 2017 section 45(2) Land Transport Amendment Act 2017 Section 123(3) amended 1 April 2021 section 7(2) Regulatory Systems (Transport) Amendment Act 2021 Section 123(3) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 123(3) amended 1 October 2008 section 116(b) Policing Act 2008 Enforcement powers for offences involving certain vehicles
124: Inspection of vehicles required to have evidence of vehicle inspection and certificate of loading
An enforcement officer may, at a reasonable time, exercise all or any of the following powers in respect of a vehicle that is required under this Act to have current evidence of vehicle inspection and a certificate of loading:
a: require the owner or person for the time being in charge of the vehicle to produce current evidence of vehicle inspection and a current certificate of loading for that vehicle:
b: stop, enter, and inspect any such vehicle while it is in use on a road:
c: make a reasonable running test of the vehicle at the expense of the owner:
d: require the owner or person for the time being in charge of the vehicle to provide reasonable assistance in the conduct of any such inspection or running test. 1962 No 135 s 80
125: Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
1: An enforcement officer may at any time exercise all or any of the following powers in respect of a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle) on a road:
a: inspect the load on the vehicle:
b: measure, or require to be measured, the weight of the vehicle or the weight on any of its axles:
c: direct the driver or person in charge of the vehicle to drive the vehicle to a site and on to a weighing device specified by the enforcement officer for the purpose of enforcing the provisions of this Act or the Road User Charges Act 2012
2: The power conferred by subsection (1)(c) is also exercisable in respect of a vehicle an enforcement officer believes to be a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle).
3: Except where the driver has failed to stop when directed under subsection (4), nothing in subsection (1) authorises an enforcement officer to direct the driver or person in charge, in order to drive the vehicle to a site or weighing device, to travel a distance that would increase the total length of the journey by—
a: more than 5 km; or
b: more than 10 km, if the site where the vehicle has been brought to a stop is unsuitable for weighing the vehicle because—
i: doing so may pose a safety risk to other road users or to the enforcement officer; or
ii: the site is not level enough for accurate weighing.
4: The driver of a heavy motor vehicle or goods service vehicle must, whenever directed by a sign specifying that that particular vehicle or vehicles of that vehicle’s class must stop Section 125(1)(c) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 125(3)(b) replaced 11 August 2017 section 53(1) Land Transport Amendment Act 2017 Section 125(4) amended 11 August 2017 section 53(2) Land Transport Amendment Act 2017
126: Off-loading of
overloaded
1: An enforcement officer must direct the driver of a heavy motor vehicle or transport service vehicle on a road to keep the vehicle stopped or remove it to a place of safety approved by the officer and remain stopped there, if—
a: the mass
b: the gross mass mass exceeds by at least 10% or by 2 000 kg (whichever is the lesser)
i: a prescribed mass
ii: a mass
2: The vehicle must remain at the place to which it is directed under subsection (1) until either—
a: part of the load is removed or the load rearranged so as to reduce the gross mass mass
i: the maximum prescribed mass
ii: a mass
b: a permit in writing is issued under this Act to permit the motor vehicle to proceed along a road with its load.
3: If a motor vehicle stopped under subsection (1) is a passenger service vehicle, and a suitable alternative vehicle is available within a reasonable time, the passengers must be transferred to that alternative vehicle; but, if a suitable alternative vehicle is not available within a reasonable time, the passenger service vehicle must be permitted to proceed at a low speed, under the escort of an enforcement officer, to a safe location that is suitable for handling the passengers and has adequate communications facilities.
4: If—
a: the mass mass
b: the gross mass mass exceeds by at least 10% or by 2 000 kg (whichever is the lesser) mass the enforcement officer must, by direction given to the driver or person in charge of the motor vehicle, direct that the motor vehicle may not be driven on to the bridge until the load or part of the load is removed so as to reduce the gross mass mass
5: Subsection (4) overrides subsection (3). 1962 No 135 s 69A(2), (2AA), (2A) Section 126 heading amended 11 August 2017 section 54(1) Land Transport Amendment Act 2017 Section 126(1)(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)(b) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)(b) amended 11 August 2017 section 54(3) Land Transport Amendment Act 2017 Section 126(1)(b)(i) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)(b)(ii) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)(a)(i) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)(a)(ii) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)(b) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)(b) amended 11 August 2017 section 54(4) Land Transport Amendment Act 2017
127: Protection against claims resulting from action under section 125 or section 126
1: None of the following, namely,—
a: the Crown; or
b: any enforcement officer; or
c: any employer of an enforcement officer who is not a constable is liable for any loss or damage to a vehicle or its load arising directly or indirectly from the stopping of the vehicle or the removal of any part of its load under a direction given under section 125 section 126
2: This section does not apply if the enforcement officer concerned acted without good faith or if his or her omission or neglect is a major departure from the standard of care expected of a reasonable person in the circumstances. 1962 No 135 s 69A(5) Section 127(1)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
128: Enforcement officer to order heavy vehicle to stop until load secured
1: An enforcement officer who has good cause to suspect that the load or part of the load on a heavy motor vehicle, or on a vehicle being towed by a heavy motor vehicle, on a road is not secured and contained in such a manner that it cannot fall or escape from the vehicle must direct the driver or person in charge of the vehicle, if necessary, that the vehicle be stopped.
2: The enforcement officer must also direct that—
a: the vehicle be kept stopped; or
b: the vehicle be moved to a place of safety approved by the officer and be kept stopped at that place— until the load or part of the load is secured and contained in such a manner that it cannot fall or escape from the vehicle, or is removed from the vehicle. 1962 No 135 s 70A
128A: Enforcement officer's powers in respect of non-complying small passenger service vehicles
An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with 1989 No 74 s 37(2) Section 128A inserted 1 October 2007 section 69 Land Transport Amendment Act 2005 Section 128A amended 1 October 2017 section 86 Land Transport Amendment Act 2017
128B: Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles
Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any vehicle recovery service vehicle that is not in compliance with any rule or regulation to cease making the vehicle available for towing or carrying until such time as the vehicle is in compliance with the rules or regulations. 1989 No 74 s 38(2) Section 128B inserted 1 October 2007 section 69 Land Transport Amendment Act 2005
128C: Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements
1: This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.
2: If this section applies, an enforcement officer may direct the driver of that vehicle to—
a: drive the vehicle to a specified place for vehicle inspection; and
b: subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.
3: Except where the driver has failed to stop when directed under subsection (4) or section 114
4: The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—
a: take any action under subsection (2); or
b: complete the exercise of any other power conferred on an enforcement officer by this Act. Section 128C inserted 1 December 2009 section 33 Land Transport (Enforcement Powers) Amendment Act 2009
128D: Appointment of parking wardens
1: A local authority may appoint a person to hold the office of parking warden.
2: A person who holds the office of parking warden at the commencement of this section is to be treated as having been appointed under subsection (1).
3: A parking warden may perform the functions and duties, and exercise the powers, of a parking warden that are conferred or imposed by or under this or any other Act only on a road within the district or region of the local authority that appointed the parking warden.
4: A local authority that appoints a person under subsection (1) is liable for the actions of that person as a parking warden in all respects as if—
a: that person were an officer or employee of the local authority (whether or not that is the case); and
b: any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority. Section 128D inserted 10 May 2011 section 71 Land Transport (Road Safety and Other Matters) Amendment Act 2011
128E: Powers of parking wardens
1: A parking warden in uniform or in possession of a warrant or other evidence of authority as a parking warden—
a: may enforce the provisions of any stationary vehicle offence or special vehicle lane offence:
b: may, in relation to enforcing the provisions of any stationary vehicle offence or special vehicle lane offence, direct any person on any road, and apparently in charge of or in any vehicle, to—
i: provide the person’s full name and full address and give any other identifying particulars required as to the person’s identity (for example, the person’s date of birth, occupation, and telephone number):
ii: give any information that is within the person’s knowledge and that may lead to the identification of the driver or person in charge of any vehicle (for example, the other person’s full name, full address, date of birth, occupation, and telephone number):
c: may direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that—
i: the vehicle causes an obstruction in the road or to any vehicle entrance to any property; or
ii: the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public:
d: may, if the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
i: enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
ii: move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard.
2: Every person commits an offence and is liable on conviction
a: fails to comply with any direction given under subsection (1)(b); or
b: gives, in response to a direction given under subsection (1)(b), any information that the person knows to be false.
3: Every person to whom any direction is given under the authority of subsection (1) must comply with the direction, and no person may do any act that is for the time being forbidden by any direction given under the authority of subsection (1).
4: A person who is authorised by a parking warden to enter a vehicle for the purpose of moving it or preparing it for movement or to move a vehicle to a place where it does not constitute a traffic hazard may do so, but must do everything reasonably necessary to ensure that the vehicle is not damaged while doing so.
5: Every person commits an offence and is liable on conviction
a: has possession of a vehicle as a result of its being moved under subsection (1)(d); and
b: fails to deliver possession of the vehicle, as soon as practicable, to a person who produces satisfactory evidence, at any reasonable time, to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved. Section 128E inserted 10 May 2011 section 71 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 128E(1)(b) replaced 1 August 2012 section 12 Land Transport Amendment Act 2011 Section 128E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 128E(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
128F: Powers of enforcement officers in relation to public transport service fares
1: An enforcement officer may direct a person to provide evidence that the person has paid a public transport service fare that the person is liable to pay.
2: If a person fails to provide evidence of payment after a direction is given under subsection (1), the enforcement officer may—
a: direct the person to provide the person’s full name, full address, telephone number, and date of birth; and
b: direct the person not to board, or direct the person to disembark, the public transport service concerned. Section 128F inserted 11 August 2017 section 38 Land Transport Amendment Act 2017 Dangerous goods
129: Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules
1: An enforcement officer or dangerous goods enforcement officer who has good cause to suspect a breach of rules relating to the carriage of dangerous goods involving a vehicle
a: may direct the driver or person in charge of the vehicle to stop the vehicle or that the vehicle remain stopped; and
b: for the purposes of this subsection, has the powers conferred by section 132
2: An enforcement officer or dangerous goods enforcement officer may also direct that—
a: the vehicle be kept stopped; or
b: the vehicle be moved to a place of safety approved by the officer and remain stopped at that place— until the officer is satisfied that the breach has been rectified.
2A: An enforcement officer or a dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of the vehicle or the packing or unpacking of any thing to ensure compliance with the rules or otherwise to ensure safety in relation to the transportation of dangerous goods.
2B: Every enforcement officer or dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—
a: evidence of that person's appointment as an officer; and
b: evidence of that person's identity.
2C: An enforcement officer or a dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
3: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70I Section 129(1) amended 20 July 2005 section 103(3) Railways Act 2005 Section 129(2A) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2B) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2C) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2C) amended 1 April 2021 section 104 Land Transport (NZTA) Legislation Amendment Act 2020
130: Power to inspect
1: A dangerous goods enforcement officer—
a: may at any reasonable time go on, into, under, and over any premises for the purpose of inspection to determine whether or not the requirements of the rules relating to dangerous goods are being complied with in relation to a rail vehicle
b: for the purposes of this section, has the powers conferred by section 132
2: If a dangerous goods enforcement officer has good cause to suspect that, in respect of a rail vehicle rail vehicle
a: the vehicle not be moved; or
b: the vehicle be moved to a place of safety approved by the enforcement officer in consultation with the rail operator until the enforcement officer is satisfied that the breach has been rectified.
3: Nothing in subsection (2) authorises a dangerous goods enforcement officer to—
a: stop a rail vehicle
b: direct that a vehicle not be moved if it would be unsafe or unnecessarily disruptive for the vehicle to remain in that place.
4: Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and subsequently on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
5: A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
6: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70IA Section 130 heading amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(1)(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(2) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(2)(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(3)(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(5) amended 1 April 2021 section 105 Land Transport (NZTA) Legislation Amendment Act 2020
131: Power to inspect premises used for loading and unloading of dangerous goods
1: A dangerous goods enforcement officer—
a: may, at any reasonable time, go into, under, and over—
i: any premises on or at or in which the operator of a transport service vehicle loads or unloads the vehicle or a rail operator loads or unloads a rail vehicle
ii: any premises on or at or in which goods are loaded onto or unloaded from a transport service vehicle or a rail vehicle or a rail vehicle for the purpose of inspection to ensure that all persons involved in the transport of dangerous goods comply with the requirements of the rules and otherwise to ensure the safe transportation of dangerous goods; and
b: for the purposes of this section, has the powers conferred by section 132
2: A dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of a vehicle or rail vehicle
3: Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
4: A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
5: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70IB Section 131(1)(a)(i) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(1)(a)(ii) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(2) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(4) amended 1 April 2021 section 106 Land Transport (NZTA) Legislation Amendment Act 2020
132: Inspection powers concerning dangerous goods
For the purposes of sections 129(1) 130(1) 131(1) section 129(2C) 130(5) 131(4)
a: take samples of a substance; and
b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and
c: take measurements and sketches; and
d: inspect any documents or other records relating to the obligations imposed by or under the rules; and
e: require the production of any documents or information relevant to the purpose of the inspection; and
f: take copies of the documents or information or extracts from those documents or information. 1962 No 135 ss 70IA 70IB Section 132 amended 11 August 2017 section 95 Land Transport Amendment Act 2017
10: Proceedings enforcing responsibilities
133: Owner liability for moving vehicle offences
and special vehicle lane offences
1: Proceedings for a moving vehicle offence or a special vehicle lane offence
a: the person who allegedly committed the offence:
b: the person who, at the time of the alleged offence, was registered under Part 17 section 242 section 18
c: a person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not);— whether or not (in the case of a person referred to in paragraph (b) or paragraph (c)) the person is an individual or was the driver or person in charge of the vehicle at the time the alleged offence was committed.
2: In proceedings taken against a person under paragraph (b) or paragraph (c) of subsection (1), in the absence of proof to the contrary, it must be presumed that
a: the defendant was the driver or person in charge of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
b: the acts or omissions of the driver or person in charge of the vehicle at that time were the acts or omissions of the defendant.
3: It is a defence to proceedings against a person for a moving vehicle offence or a special vehicle lane offence the Criminal Procedure Act 2011 Summary Proceedings Act 1957
4: It is a defence to proceedings against a person under paragraph (b) or paragraph (c) of subsection (1) if,—
a: at the time the alleged offence was committed,—
i: the person was not lawfully entitled to possession of the vehicle (either jointly with any other person or severally); or
ii: another person was driving the vehicle; and
b: immediately after becoming aware of the alleged offence, the person advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person was driving the vehicle (as the case may be); and
c: the person has given the enforcement authority a statutory declaration—
i: identifying the driver, by giving—
A: the full name and full address of the driver; and
B: any other identifying particulars, so far as they are within the person’s knowledge, such as the driver’s date of birth, occupation, telephone number; or
ii: establishing that the person could not identify the driver, after taking all reasonable steps to do so.
5: In proceedings for a moving vehicle offence or a special vehicle lane offence Section 133 heading amended 10 May 2011 section 72(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(1) amended 10 May 2011 section 72(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(1)(b) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 133(2) amended 10 May 2011 section 72(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(2)(a) amended 10 May 2011 section 72(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133(3) amended 10 May 2011 section 72(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(4)(c)(i) replaced 1 August 2012 section 13 Land Transport Amendment Act 2011 Section 133(5) amended 10 May 2011 section 72(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011
133A: Owner liability for stationary vehicle offences
1: Proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, in the case of a person referred to in paragraph (b) or (c), the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):
a: the person who allegedly committed the offence:
b: the person who, at the time of the alleged offence,—
i: was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18
ii: was the registered person in respect of the vehicle under Part 17
c: the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).
2: Subject to subsection (4), in any proceedings taken against a person under subsection (1)(b) or (c), in the absence of proof to the contrary, it must be presumed that—
a: the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
b: the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.
3: It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Criminal Procedure Act 2011 Summary Proceedings Act 1957
4: It is a defence to proceedings taken against a person under subsection (1)(b) or (c) if—
a: the person proves that, at the time the alleged offence was committed,—
i: he or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
ii: another person was unlawfully in charge of the vehicle; and
b: as soon as practicable after becoming aware of the alleged offence, he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
c: he or she has given the enforcement authority a statutory declaration that—
i: identifies another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge, of the vehicle by providing—
A: the full name and full address of the other person; and
B: any other identifying particulars of the other person that are known to the person making the declaration (for example, the other person's date of birth, occupation, and telephone number); or
ii: establishes that the person making the declaration was unable to identify the other person after taking all reasonable steps to do so.
5: In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) is in addition to and not in substitution for any defences available under the enactment creating the offence. 1962 No 135 s 41A Section 133A inserted 10 May 2011 section 73 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133A(4)(c) replaced 1 August 2012 section 14 Land Transport Amendment Act 2011
134: Strict liability for offences involving insecure loads and loads falling from vehicles
1: In proceedings for an offence against section 42
a: it is not necessary for the prosecution to prove that the defendant knew or should have known that the load was not secured or contained in such a manner that it could not fall or escape from the vehicle:
b: it is not necessary for the prosecution to allege or prove that a load did fall or escape from the vehicle:
c: it is no defence that the defendant's conduct was not materially different from that of other operators of heavy motor vehicles:
d: it is no defence that the defendant took some steps to ensure that the load was secured or contained unless the court is satisfied that those steps were such that no fault could be attributed to the defendant:
e: it is no defence that the defendant believed that the weight or nature of the load was such that it was not necessary to secure or contain it.
2: Despite subsection (1), it is a defence to any proceedings for an offence against section 42
a: the load was secured on or contained in the vehicle; and
b: a failure to ensure that the securing or containing of the load was in such a manner that it could not fall or escape from the vehicle occurred without fault on the defendant's part.
3: If the court is satisfied that a load has fallen or escaped from the vehicle or a vehicle being towed by the vehicle, it is to be presumed that the operator of the vehicle has not ensured that the load was secured or contained in such a manner that it could not fall or escape from the vehicle, unless the falling or escaping of the load occurred without fault on the defendant's part.
4: In proceedings for an offence against section 42
a: Agency or the Director
b: the provisions of the rules. 1962 No 135 s 70 Section 134(4)(a) amended 1 April 2021 section 107 Land Transport (NZTA) Legislation Amendment Act 2020 Section 134(4)(a) amended 29 June 2009 section 24 Land Transport Amendment Act 2009 Section 134(4)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Commencement of proceedings
135: Commencing proceedings, and jurisdiction, for offences
1:
1A: Proceedings for an offence against Part 6A 6B Director
1B: In the absence of proof to the contrary, it is presumed that proceedings for an offence against Part 6A 6B
2: The District Court category 1 Part 5 Part 6 1962 No 135 s 194 Section 135 heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1A) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1A) amended 1 April 2021 section 108 Land Transport (NZTA) Legislation Amendment Act 2020 Section 135(1B) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(2) amended 1 March 2017 section 261 District Court Act 2016 Section 135(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
136: Time for instituting proceedings
1: In proceedings for a category 1 or 2 offence against this Act, the court may dismiss the charge
2: If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.
3: Section 25
a: an offence against—
i: section 32
ii: section 44
b: an offence against this Act concerning—
i: work time under subpart 1
ii: logbooks under subpart 2
iia: the chain of responsibility under Part 6C
iii: the issue of installation certificates and inspection certificates for alternative fuel systems. 1962 No 135 s 195 Section 136(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136(3)(a) substituted 10 May 2011 section 74(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 136(3)(b) substituted 1 October 2007 section 72 Land Transport Amendment Act 2005 Section 136(3)(b)(iia) inserted 10 May 2011 section 74(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Certain matters not defences
137: Compliance with speed limit and certain other matters not to be defences
1: It is no defence in any proceedings for an offence relating to the driving of a motor vehicle on a road, other than the offence of exceeding a speed limit, that at the time of the alleged offence the motor vehicle was being driven at a speed not exceeding the applicable speed limit.
2: It is no defence to a charge of manslaughter that the guilty act or omission proved against the person charged is an offence against this Act. 1962 No 135 s 54 Infringement offences
138: Infringement offences
1: If a person is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 139
2: Despite section 21 Criminal Procedure Act 2011 Section 138 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
139: Issue of infringement notice
1: If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.
2: An infringement notice may be served—
a: by attaching it, or a copy of it, to the vehicle to which the notice relates; or
b: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
ba: by delivering it, or a copy of it, personally to the person who appears to be in charge of the vehicle to which the notice relates; or
c: by sending it, or a copy of it, by post addressed to the person who appears to have committed the infringement offence at the person’s
d: if the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his or her last address for service provided for the purposes of that document.
3: An infringement notice that—
a: is attached to a vehicle under subsection (2)(a) or personally delivered under subsection (2)(ba) must be treated as having been served on every person liable in respect of the alleged offence when it is attached to the vehicle or personally delivered:
b: is sent to a person by post under subsection (2)(c) or (d) must be treated as having been served on the person when it would have been delivered in the ordinary course of post.
4:
5:
6: If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E
a: the user of the vehicle may be proceeded against for the alleged offence under the Criminal Procedure Act 2011
b: the parking warden may issue an infringement notice in respect of the alleged offence.
7: For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)(e) or (g) enforcement officer
8:
9:
10:
11:
12:
13: 1993 No 88 s 32 2022-10-20 Land Transport Act 1998 Subsections 139(8) to (13) and the heading above subsection (8) are repealed (by section 139(13)) when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. this date is subject to change: Epidemic Preparedness (COVID-19) Notice 2020 (gazette notice 2020-go1368) That notice was renewed on 15 September 2022 and now expires on 20 October 2022 (Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022) (https://gazette.govt.nz/notice/id/2022-sl3849), UNLESS an earlier expiry date is notified; or the notice is further renewed (under section 7 of the Epidemic Preparedness Act 2006). Section 139(2)(ba) inserted 11 August 2017 section 96(1) Land Transport Amendment Act 2017 Section 139(2)(c) amended 11 August 2017 section 96(2) Land Transport Amendment Act 2017 Section 139(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 139(3)(a) replaced 11 August 2017 section 96(3) Land Transport Amendment Act 2017 Section 139(4) repealed 1 August 2012 section 15 Land Transport Amendment Act 2011 Section 139(5) repealed 1 August 2012 section 15 Land Transport Amendment Act 2011 Section 139(6) added 10 May 2011 section 75 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 139(6)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 139(7) added 10 May 2011 section 75 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 139(8) heading repealed 20 October 2022 section 139(13) Section 139(8) repealed 20 October 2022 section 139(13) Section 139(9) repealed 20 October 2022 section 139(13) Section 139(10) repealed 20 October 2022 section 139(13) Section 139(11) repealed 20 October 2022 section 139(13) Section 139(12) repealed 20 October 2022 section 139(13) Section 139(13) repealed 20 October 2022 section 139(13)
139A: Towage fees if parking offences prosecuted
1: The court must order the defendant to pay, in addition to any fine and any costs ordered by the court, the amount of the appropriate towage fee if, in proceedings in respect of a parking offence,—
a: the defendant is found guilty of, or pleads guilty to, the offence; and
b: the court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement of the vehicle involved in the offence (whether or not the vehicle was in fact moved).
2: If, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) 1962 No 135 s 43A Section 139A inserted 10 May 2011 section 76 Land Transport (Road Safety and Other Matters) Amendment Act 2011
140: Contents of infringement and reminder notices
1: An infringement notice must be in the form prescribed by regulations made under this Act and must contain—
a: details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: in the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and
c: in the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
d: the amount of the infringement fee specified in respect of that offence; and
e: the address of the place at which the infringement fee may be paid; and
f: the time within which the infringement fee may be paid; and
g: a summary of the provisions of section 21(10)
h: in the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133
ha: in the case of an alleged infringement offence that is a stationary vehicle offence, an outline of the process under section 133A
i: a statement of the right of the person served with the notice to request a hearing; and
j: 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; and
k: any other particulars as are prescribed.
2: A reminder notice must—
a: be in the form prescribed by regulations made under this Act; and
b: include the same particulars, or substantially the same particulars, as the infringement notice; and
c: in the case of an offence to which demerit points apply, include a statement that demerit points apply to the alleged offence ; and
d: in the case of an alleged infringement offence that is a stationary vehicle offence, include a summary of the provisions of section 133A
3: Different forms of infringement notices and reminder notices may be prescribed for different kinds of infringement offences. Section 140 replaced 1 August 2012 section 16 Land Transport Amendment Act 2011 Section 140(1)(ha) inserted 11 August 2017 section 97 Land Transport Amendment Act 2017 Section 140(2)(c) amended 26 March 2015 section 7(1) Land Transport Amendment Act 2015 Section 140(2)(d) inserted 26 March 2015 section 7(2) Land Transport Amendment Act 2015
141: Provisions relating to infringement fees
1: The infringement fee payable in respect of an infringement offence is the appropriate infringement fee prescribed in respect of the relevant offence by or under this Act.
2: If an infringement fee is paid to an enforcement authority other than the Police, the enforcement authority must give the Commissioner the particulars of the infringement and of the payment that the Commissioner requires.
3: Subject to subsections (4) and (5), all infringement fees received under this Act by an enforcement authority or recovered under the Summary Proceedings Act 1957
4: An enforcement authority that is the Agency , the Director,
a: that the Minister of Finance from time to time approves; and
b: that is received in respect of an infringement offence in relation to the use of a special vehicle lane.
5: An enforcement authority that is a road controlling authority may retain—
a: all infringement fees that it receives in respect of offences that involve—
i: parking in breach of a bylaw of the road controlling authority on any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the road controlling authority; or
ii: parking on any other portion of a road in breach of a bylaw of the road controlling authority that prohibits parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by the road controlling authority; and
b: all towage fees received by it; and
c: the portion of all other infringement fees received by it that the Minister of Finance from time to time approves.
6: The Commissioner must from time to time, out of money appropriated by Parliament for the purpose, pay to a road controlling authority the portions of the infringement fees (other than towage fees) that the Minister of Finance from time to time approves and that the Commissioner receives in respect of other offences that involve breaches of the road controlling authority's bylaws (not being offences that are also offences against an Act or a regulation).
7: For the purposes of subsections (4) and (5), the Minister of Finance may approve the retention of different portions for road controlling authorities or enforcement authorities and different categories of infringement offences.
8: For the purposes of this section, road controlling authority Section 141 substituted 10 May 2011 section 77 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 141(4) amended 1 April 2021 section 109 Land Transport (NZTA) Legislation Amendment Act 2020 Evidence
142: Evidence of driver history relating to infringement fees
1: In proceedings against a person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Agency constable
2: The certificate referred to in subsection (1) must be to the effect that the employee or constable
a: has checked the information stored in relation to driver history on such computer system as is for the time being maintained by the Police or the Agency Ministry of Justice
b: either—
i: has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or
ii: has found a record to the effect that a court has made an order in respect of an infringement offence or a minor offence. 1962 No 135 s 42A(11) Section 142(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 142(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 142(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 142(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 142(2)(a) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
143: Evidence of driver licence
1: This section applies to offences alleged against paragraph (a) or paragraph (b) of section 31(1)
2: In proceedings against a person for an offence to which this section applies, a certificate that meets the requirements of subsection (3) and purports to be signed by a constable or Police employee who is not a constable Agency
3: A certificate referred to in subsection (2) must state that the constable or Police employee who is not a constable Agency section 199
a: has found no record showing that, on or before the date of the alleged offence, the person had ever held a driver licence; or
b: has found a record showing that the person has held a licence to drive a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired; or
c: has found a record showing that, at the date of the alleged offence, the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings; or
d: has found a record showing that the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired. 1986 No 6 s 39 Section 143(2) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 143(2) amended 1 October 2008 section 116(d) Policing Act 2008 Section 143(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 143(3) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 143(3) amended 1 October 2008 section 116(d) Policing Act 2008 Section 143(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
144: Evidence in certain proceedings
1: In proceedings for an offence against this Act relating to the driving of motor vehicles, whether by way of hearing in the first instance or by way of appeal or otherwise, the court may receive as evidence—
a: an affidavit filed in the court by or on behalf of the defendant:
b: evidence adduced by or on behalf of the defendant that the court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.
2: Except by special direction of the court, subsection (1)(a) does not apply in any case where it appears to the court that the deponent's usual place of residence is less than 80 km by road from the place of hearing.
3: A copy of the Gazette 1962 No 135 s 196 1986 No 6 s 51
145: Evidence of approved vehicle surveillance equipment
1: In proceedings for a moving vehicle offence or a special vehicle lane offence the fact that a toll has not been paid in respect of the vehicle,
2: The production , in proceedings for a moving vehicle offence or a special vehicle lane offence, 1962 No 135 s 42 Section 145(1) amended 1 July 2017 section 19(1) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 145(1) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 145(2) amended 1 July 2017 section 19(2) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017
145A: Evidence and proof
In any proceedings for an offence against Part 6A
a: if it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods are deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the court to the contrary:
b: evidence of the contents of the register maintained under section 199A an officer of the Agency or a Police employee
c: the production of a certificate signed an officer of the Agency or a Police employee to
d: it is to be presumed that every certificate purporting to have been certified or given under this section has been certified or given an officer of the Agency or a Police employee to 1989 No 74 s 63 Section 145A inserted 1 October 2007 section 73 Land Transport Amendment Act 2005 Section 145A(b) amended 10 May 2011 section 78(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 145A(c) amended 10 May 2011 section 78(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 145A(d) amended 10 May 2011 section 78(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
146: Evidence of testing and accuracy of speed-measuring devices, etc
1: In proceedings for a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 2012 constable or Police employee who is not a constable Agency proof
2: Every document purporting to be a copy of a certificate issued under this section is, in the absence of proof to the contrary, to be presumed to be a true copy.
3: Every certificate issued under this section is, in the absence of proof to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.
4: This section applies to distance-measuring devices, speed-measuring devices, approved vehicle surveillance equipment, and tuning forks used to check such devices or equipment.
5: The fact that any equipment or device to which this section applies was tested before or after the date of the alleged offence does not of itself affect the validity of any certificate given under this section in relation to the testing of that equipment or device. However, any testing must not be more than 12 months before the date of the alleged offence.
6: In any proceedings where a certificate has been produced under this section, the court may, on application made not less than 14 days before the hearing of the charge concerned, and if satisfied that there is good cause to do so, set aside the certificate and require the accuracy of the equipment or device to be established by evidence other than the certificate. 1962 No 135 s 197 Section 146(1) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 146(1) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 146(1) amended 1 October 2008 section 116(d) Policing Act 2008 Section 146(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 146(1) amended 22 June 2005 section 74 Land Transport Amendment Act 2005 Section 146(1) amended 19 December 2001 section 11 Land Transport (Road Safety Enforcement) Amendment Act 2001
147: Evidence of accuracy of weighing devices and sites
1: In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012 constable or Police employee who is not a constable
2: A certificate referred to in subsection (1) may be to the effect that,—
a: on a specified date, being a date not more than 12 months earlier than the date of the alleged offence, a weighing device referred to in the certificate was tested and found to be accurate by—
i: an Inspector of Weights and Measures; or
ii: an accredited person (within the meaning of the Weights and Measures Act 1987
iii: an employee of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette
iv: any other person who is approved for the purpose by the Minister, by notice in the Gazette
b: on a specified date, being a date not more than 5 years earlier than the date of the alleged offence, a site referred to in the certificate was tested or surveyed, and found to be accurate, by—
i: an employee of the Agency
ii: a constable or Police employee who is not a constable
iii: an employee or contractor of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette
3:
4: A certificate issued under subsection (1) sufficiently identifies the weighing device to which it refers if (in the case of a portable wheel weigher) it contains the serial number of the wheel weigher or if (in the case of a weighbridge or site) it refers to the location of the weighbridge or site.
5: Every document purporting to be a copy of a certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to be a true copy.
6: Every certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.
7: In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012
a: a weighing device bore the stamp of a mark of verification under the Weights and Measures Act 1987
b: at the time of the alleged offence, there was in force in respect of a weighing device a certificate of accuracy issued under the Weights and Measures Act 1987 is, in the absence of evidence to the contrary, sufficient evidence that the weighing device was accurate on the date of the alleged offence.
8: In this section, site 1962 No 135 s 197 Section 147(1) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 147(1) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 147(1) amended 1 October 2008 section 116(d) Policing Act 2008 Section 147(1) amended 19 December 2001 section 12 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 147(2)(b)(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 147(2)(b)(ii) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 147(2)(b)(ii) amended 1 October 2008 section 116(d) Policing Act 2008 Section 147(3) repealed 11 August 2017 section 55(1) Land Transport Amendment Act 2017 Section 147(7) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 147(7) amended 19 December 2001 section 12 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 147(8) inserted 11 August 2017 section 55(2) Land Transport Amendment Act 2017
147A: Certification of accuracy of alternative weighing technology
1: Alternative weighing technology may be certified as having been tested and found to be accurate if, on a specified date, it was tested and found to be accurate by—
a: an Inspector of Weights and Measures; or
b: an accredited person (within the meaning of the Weights and Measures Act 1987
c: an employee of a laboratory for the time being approved for the purpose by the Science Minister by notice in the Gazette
d: any other person who is approved for the purpose by the Minister by notice in the Gazette
2: A certificate issued under subsection (1) sufficiently identifies the alternative weighing technology to which it refers if it contains the serial number of the technology or if it refers to the location of the technology.
3: For the purposes of this section, alternative weighing technology
a: is capable of measuring the mass of a vehicle or the mass on each axle of a vehicle; and
b: is not described in section 147(4)
4: If alternative weighing technology has been certified under subsection (1) on a date not more than 12 months earlier than the date of the use of the technology, the technology—
a: may be used to assess whether to investigate a possible offence against this Act or an offence against the Road User Charges Act 2012
b: may be used to assess whether such an offence has been committed. Section 147A inserted 11 August 2017 section 56 Land Transport Amendment Act 2017
148: Presumptions relating to axle weights and dangerous goods
1: This section applies in proceedings for an offence against section 43(1)
2: If subsection (1) applies, it is to be presumed, in the absence of evidence to the contrary, that the gross weight of the motor vehicle or (as the case may be) the weight on that axle or group of axles or the total number of axles, at the time when and the place where the offence is alleged to have been committed, was the same as the gross weight or (as the case may be) the weight on that axle or group of axles or the total number of axles, as ascertained at the time when and the place where that weight was measured.
3: In any proceedings for an offence against this Act concerning the carriage of dangerous goods, it is to be presumed, in the absence of evidence to the contrary, that,—
a: if any marks, labels, or placards on the vehicle or rail vehicle or rail vehicle
i: of the nature indicated by the mark, label, or placard; and
ii: of the quantity (if any) indicated by the mark, label, or placard:
b: if the vehicle or rail vehicle or rail vehicle or rail vehicle
4: With respect to subsection (3), the definition of load in section 2(1) 1962 No 135 ss 69B(4) 70F(4) Section 148(3)(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 148(3)(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 148(4) added 20 July 2005 section 103(3) Railways Act 2005
149: Admissibility of certain statements by drivers of certain vehicles
1: A statement made to an enforcement officer, or to a person authorised for that purpose by the Agency or the Director, to the effect described in subsection (2) may be given in evidence by that officer or person
2: A statement referred to in subsection (1) must be to the effect that the statement—
a: was made by the driver of—
i: a vehicle that is or ought to be used in a transport service (other than a rental service); or
ii: a heavy motor vehicle; and
b: was made to an enforcement officer or to a person authorised for that purpose by the Agency or the Director
c: relates to the identity of the employer of that driver or a matter that is or ought to be specified in a logbook. 1962 No 135 s 196A Section 149(1) amended 1 April 2021 section 110(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 149(2)(b) amended 1 April 2021 section 110(2) Land Transport (NZTA) Legislation Amendment Act 2020
150: Evidence of certain documents
1: In proceedings for an offence against this Act,—
a: a document that purports to be issued by a person authorised for that purpose by the Agency or the Director
b: a document that is certified by a person authorised for that purpose by the Agency or the Director authorised person to notify section 90(1)
c: a scanned copy of a document specified in paragraph (a) or (b) is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the scanned copy.
2: A person authorised by the Agency or the Director 1962 No 135 s 196B Section 150(1) substituted 10 May 2011 section 79 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 150(1)(a) amended 1 April 2021 section 111(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(1)(b) amended 1 April 2021 section 111(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(1)(b) amended 1 April 2021 section 111(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(2) amended 1 April 2021 section 111(4) Land Transport (NZTA) Legislation Amendment Act 2020
151: Evidence of rules
Without limiting any other method of proof, the production in proceedings of a copy of—
a: an ordinary rule purporting to have been made by the Minister or the Governor-General Part 11
b: an emergency rule purporting to have been made by the Agency section 162 is, in the absence of evidence to the contrary, sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of this Act. 1993 No 88 s 14 Section 151(a) amended 10 May 2011 section 80 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 151(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
11: Land transport
secondary Part 11 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021
152: Power of Minister to make ordinary rules
1: The Minister may make rules ( ordinary rules
a: safety and licensing for any form of transport within the land transport system, including (but not limited to) technical requirements and standards:
b: assisting land transport safety and security, including (but not limited to) personal security:
ba: providing for the appropriate management of infrastructure:
c: assisting economic development:
d: improving access and mobility:
e: protecting and promoting public health:
f: ensuring environmental sustainability:
g: any matter related, or reasonably incidental, to any of the following:
i: the Minister’s objectives under section 169
ii: the Minister’s functions under section 169A
iii: the Agency’s objective under section 94
iv: the Agency’s functions under section 95
v: the Director’s functions under section 104B
h: any other matter contemplated by a provision of this Act.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 152 substituted 1 December 2004 section 4 Land Transport Amendment Act 2004 Section 152(1)(ba) inserted 11 August 2017 section 57 Land Transport Amendment Act 2017 Section 152(1)(g) substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 152(1)(g)(v) inserted 1 April 2021 section 112 Land Transport (NZTA) Legislation Amendment Act 2020 Section 152(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
152A: Governor-General may make ordinary rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.
2: The Minister must have regard to the criteria specified in section 164(2)
3: Section 161(1)(a) and (2)
4:
5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.
6: An order under this section—
a: is secondary legislation ( see Part 3
b: is not to be drafted by the PCO under section 67(d)(i) 1990 No 98 s 34A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 152A inserted 10 May 2011 section 81 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 152A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 152A(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
153: Rules concerning road user behaviour
1: Without limiting the general power to make rules under section 152
a: set out standards and requirements concerning road user behaviour, including standards and requirements concerning the conduct of drivers, pedestrians, and other persons using roads:
b: regulate traffic of all classes (including vehicular, pedestrian, and animal traffic), and prohibit traffic or a class of traffic, either absolutely or conditionally, on a specified road or specified class of road:
c: set out standards and requirements concerning the use of vehicle safety equipment by drivers, and passengers in or on vehicles:
d: regulate the movement of animals on roads.
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 5(c), (f) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase 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 153(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
154: Rules concerning driver licensing
1: Without limiting the general power to make rules under section 152
a: put in place a system or provide for the licensing of drivers of motor vehicles, including provisions for the issue, endorsement, alteration, replacement, renewal, surrender, suspension, expiry, and revocation of licences:
b: specify different requirements for drivers of different age groups or experience, including requirements concerning the issue and expiry of licences:
c: provide for different classes of driver licences, and for the endorsement of licences for different purposes, and specify their effect:
d: specify the documentary evidence and other information to be submitted with applications concerning driver licences:
e: provide for the theoretical, practical, and medical examination and testing of applicants and holders of driver licences, and set out standards for theoretical, practical, and medical examinations and tests:
f: provide for the approval of persons who have functions under the rules, including persons who are to conduct the theoretical or practical or medical examination or testing of applicants for or holders of driver licences:
g: provide for the use of aids or the driving of vehicles that are specially adapted or have particular features:
h: provide for the issue of driver identification cards; and provide for driver identification cards to remain the property of the Agency
i: provide for the recognition of driver licences issued outside New Zealand:
j: prescribe the form and content of temporary driver licences for the purposes of this Act:
k: give effect to any international convention concerning the recognition of driver licences and permits issued outside New Zealand and the recognition of international driving permits.
2: Ordinary rules under this section are secondary legislation ( see Part 3 1986 No 6 ss 48 48A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase 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 154(1)(h) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 154(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
155: Rules concerning vehicles
1: Without limiting the general power to make rules under section 152
a: set out standards and requirements concerning vehicles, including their construction, mass and dimensions, emissions, environmental requirements, loading requirements, identification, repair, maintenance, modification, inspection, and fuel systems:
b: set out standards and requirements concerning systems, components, devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried in or on motor vehicles, or to be used by the driver or any other person:
c: provide for the recall of vehicles, or components or equipment of vehicles, that do not meet standards or requirements imposed by the rules, and for their recall where there is reason to believe that a procedure or requirement imposed by a rule has not adequately been carried out or complied with, including provisions—
i: specifying the circumstances in which a vehicle must be recalled:
ii: empowering persons to direct the recall of vehicles:
iii: specifying the persons who may be directed to recall a vehicle (including the manufacturer, the agent of the manufacturer, the importer of the vehicle, the person or organisation responsible for certifying that a vehicle complies with standards or requirements imposed by the rules, or any other person responsible for the presence of a vehicle on a road):
d: require and provide for vehicle identification numbers to be assigned to motor vehicles being operated in New Zealand:
e: provide for the periodical or other examination of motor vehicles and the issue of evidence of vehicle inspection and certificates of loading:
ea: provide for the periodical or other examination of traction engines and the issue of a certificate of compliance for boilers and other pressure vessels:
f: subject to Part 17
i: specify when vehicles are to be registered, deregistered, or re-registered:
ii: set out procedures to verify compliance with standards and requirements of the regulations and the rules:
iii: provide for the recording and making available of information about vehicles (including their systems, components, devices, fittings, and equipment):
g: prescribe requirements for the provision of information and data related to vehicles in terms of their fuel or energy consumption, efficiency, or carbon dioxide emissions:
h: prescribe formulas or methodologies for the purposes of determining the fuel or energy consumption, efficiency, or carbon dioxide emissions of a vehicle, including to estimate a value where information or data is incomplete or a test cycle other than the approved test cycle (within the meaning of section 172(1)
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 5(d), (e) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 155(1)(ea) inserted 16 January 2006 section 75 Land Transport Amendment Act 2005 Section 155(1)(f) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 155(1)(g) inserted 23 February 2022 section 5 Land Transport (Clean Vehicles) Amendment Act 2022 Section 155(1)(h) inserted 23 February 2022 section 5 Land Transport (Clean Vehicles) Amendment Act 2022 Section 155(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
156: Rules concerning dangerous goods
1: Without limiting the general power to make rules under section 152
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase 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 156(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
157: Rules concerning roads
1: Without limiting the general power to make rules under section 152
a: regulate the use of roads, and empower road controlling authorities to control, restrict, and prohibit traffic, and to close roads in specified circumstances or on specified occasions, in accordance with the rules:
b: set out standards, specifications, or codes of practice for the design, construction, alteration, or maintenance of roads and related property:
c: provide for the classification of roads according to their suitability for use by different classes of motor vehicles:
d: set, or provide for the setting of, speed limits (including maximum, minimum, variable, and temporary speed limits) for roads throughout New Zealand or in a particular locality, which speed limits may vary according to vehicle classes, types of roads, locality, and time of year:
e: empower or require
i: set out criteria, requirements, and procedures to be complied with by road controlling authorities when setting speed limits:
ii: authorise the Agency or the Director
f: provide that a road controlling authority may declare any of its roads or part of any such road to be a construction zone; prescribe the signs to be erected in a construction zone; and provide for the exemption from specified provisions of the rules of specified classes of motor vehicles while used within a construction zone:
g: provide for the design, construction, maintenance, and operation of traffic control devices:
h: regulate or prohibit the use of reflective material on signs, hoardings, and similar structures that may pose a traffic hazard on any road.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase 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 157(1)(e) amended 1 September 2020 section 113 Land Transport (NZTA) Legislation Amendment Act 2020 Section 157(1)(e)(ii) amended 1 April 2021 section 8 Regulatory Systems (Transport) Amendment Act 2021 Section 157(1)(e)(ii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 157(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
158: Rules concerning licensing, standard-setting, etc
1: Without limiting the general power to make rules under section 152
a: provide for the identification, classification, registration, licensing, inspection, and audit of all or any of the following:
i: vehicles:
ia: vehicle importers (as defined in section 172(1)
ii: road users:
iii: transport service operators:
iv: transport services:
v: land transport education, training, testing, and licensing organisations:
vi: vehicle inspectors and inspecting organisations:
vii: vehicle design and construction organisations:
viii: road controlling authorities:
ix: any other person who provides services in the land transport system (other than the rail transport system) (other than the rail transport system) (other than the rail transport system)
b: provide for the setting of standards, specifications, restrictions, registration, and licensing requirements for all or any of those persons or things specified in paragraph (a), including provisions that—
i: specify conditions, privileges, and limitations associated with licences or other forms of approval:
ii: set standards for training systems and techniques, including recurrent training requirements:
iii: set medical standards for personnel:
iv: specify the information to be given by persons applying for licences and other authorities issued under or for the purposes of the rules, and specify the persons by and to whom the information must be given:
v: set out the requirements of systems and procedures to be used in the exercise of a power given to a person under a rule:
vi: set out the responsibilities and required behaviour of transport service operators, including—
A: the permissible driving hours of persons driving transport service vehicles, including the work time and rest time
B: the obligations and restrictions in respect of signs on vehicles; and
C: requirements relating to fares
D: the maintenance of a register of tows and hires; and
E: the obligations of rental service operators; and
F: requirements concerning logbooks; and
G: requirements of a safety management system where required for the issue of land transport documents:
vii: set out the categories of performance for transport service operators
viia: specify the publication requirements for the performance levels for the categories of performance; and
viib: provide the means for assessing and re-assessing levels of performance; and
viic: provide incentives and rewards for transport service operators
viii: empower the Agency or the Director
ix: specify the circumstances in which the Agency or the Director
x: specify the drivers involved in transport services that must display or wear a photographic identification card and the details of such a card:
xi:
xii: provide for the notification of vehicles used in a transport service:
xiii: provide for the issue of certificates of responsibility where a person other than the owner operates a vehicle in a transport service under licence:
xiv: provide for the display of identification on goods service vehicles, vehicle recovery service vehicles, and large passenger service vehicles:
xv: provide for registers of complaints and prescribing the matters to be entered in such registers and the manner in which they are to be entered and maintained, and the manner in which they are to be made available for inspection:
xvi: provide for the giving by any person in relation to any transport service carried on by the person of information relating to that service and prescribing the nature of the information and the form, manner, and time in or at which it is to be given:
xvii: specify requirements for a small passenger service including signs, notices, fares, equipment, identification, driver duties and conduct, availability, complaint management, record keeping, and vehicle condition:
xviii: specify requirements for a vehicle recovery service including identification, driver duties and conduct, operator duties, complaints management, record keeping, and towing restrictions and authorisations:
xix: specify requirements for a rental service including a register of vehicles and hirers, details to be included in a rental service agreement, insurance requirements, the ability of rental service licence holders to charge hirers for fees incurred from owner-liability offences, and any requirements that rental service operators must comply with when charging for owner-liability offence fees:
xx: provide for the approval of qualifications and specify conditions for the safe use of traction engines:
c: provide for the appointment or approval of persons or organisations who are to carry out inspections, tests, certify things, issue licences or other documents, and provide other services under this Act:
d: set out the procedure for appeals under this Act to the District Court the District Court
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 158(1)(a)(ia) inserted 23 February 2022 section 6 Land Transport (Clean Vehicles) Amendment Act 2022 Section 158(1)(a)(ix) amended 20 July 2005 section 103(3) Railways Act 2005 Section 158(1)(b)(vi)(A) amended 22 June 2005 section 76(1) Land Transport Amendment Act 2005 Section 158(1)(b)(vi)(C) amended 1 October 2017 section 87(1) Land Transport Amendment Act 2017 Section 158(1)(b)(vii) substituted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)(b)(vii) amended 1 October 2017 section 87(2) Land Transport Amendment Act 2017 Section 158(1)(b)(viia) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)(b)(viib) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)(b)(viic) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)(b)(viic) amended 1 October 2017 section 87(3) Land Transport Amendment Act 2017 Section 158(1)(b)(viii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(viii) amended 1 April 2021 section 114 Land Transport (NZTA) Legislation Amendment Act 2020 Section 158(1)(b)(viii) amended 1 October 2017 section 87(4) Land Transport Amendment Act 2017 Section 158(1)(b)(viii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 158(1)(b)(ix) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(ix) amended 1 April 2021 section 114 Land Transport (NZTA) Legislation Amendment Act 2020 Section 158(1)(b)(ix) amended 1 October 2017 section 87(5) Land Transport Amendment Act 2017 Section 158(1)(b)(ix) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 158(1)(b)(x) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xi) repealed 1 October 2017 section 87(6) Land Transport Amendment Act 2017 Section 158(1)(b)(xii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xiii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xiv) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xv) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xvi) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xvii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xviii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xix) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(b)(xx) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)(d) amended 1 March 2017 section 261 District Court Act 2016 Section 158(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
159: Rules concerning land transport documents
1: Without limiting the general power to make rules under section 152
a: vehicles:
aa: vehicle importers (as defined in section 172(1)
b: road users:
c: transport service operators:
d: transport services:
e: land transport education, training, testing, and licensing organisations:
f: vehicle inspectors and inspecting organisations:
g: vehicle design and construction organisations:
h: road controlling authorities:
i: any other person who provides services in the land transport system (other than the rail transport system) (other than the rail transport system) (other than the rail transport system)
2: The rules may set out the requirements, standards, and application procedure for each land transport document, and the maximum period for which each document may be issued or recognised (as the case may be).
3: The rules may require a person who applies for or holds a land transport document that is required for the provision of a service that involves contact with the public (such as driving instruction or driver testing) to satisfy the Director
a: specify which of the criteria set out in subpart 2
b: set out different fit and proper person assessments for different classes of land transport documents, applicants, or holders.
4: The rules may provide for the issue, endorsement, alteration, replacement, renewal, surrender, expiry, suspension, and revocation of land transport documents.
5: Subject to the rules, a land transport document may be issued or a document may be recognised as a land transport document, as the case may be, by the Director Director
6: Ordinary rules under this section are secondary legislation ( see Part 3 1994 No 104 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 159(1)(aa) inserted 23 February 2022 section 7 Land Transport (Clean Vehicles) Amendment Act 2022 Section 159(1)(i) amended 20 July 2005 section 103(3) Railways Act 2005 Section 159(3) amended 1 April 2021 section 115(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159(3)(a) amended 1 October 2007 section 77 Land Transport Amendment Act 2005 Section 159(5) amended 1 April 2021 section 115(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
159A: Ordinary rule may require committee to be established
1: An ordinary rule may require the Agency to establish a committee that has 1 or more purposes associated with speed management, including—
a: reviewing a state highway speed management plan provided for in a rule:
b: reviewing guidance or information on speed management prepared by the Agency.
2: The rule must set out—
a: the purpose for which the committee is to be established; and
b: the committee’s functions, powers, and duties; and
c: which of the following persons is authorised to appoint members of the committee (and the term for which they are appointed):
i: the Minister:
ii: the Agency:
iia: the Director:
iii: the Secretary:
iv: any combination of the persons listed in subparagraphs (i) to (iii).
3: The rule may set out—
a: the date on which the committee is to be dissolved or a process by which that date is determined:
b: any other matter relating to establishing and operating the committee.
4: Section 96B
5: Section 96C
6: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge and for purchase 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 159A inserted 1 September 2020 section 116 Land Transport (NZTA) Legislation Amendment Act 2020 Section 159A(2)(c)(iia) inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
160: Other provisions concerning ordinary rules
1: An ordinary rule may apply generally or to different classes of person, vehicle, or land transport related service, or to the same class of person, vehicle, or land transport related service in different circumstances.
2: An ordinary rule may apply generally throughout New Zealand or within a specified part or parts of New Zealand.
3: The commencement of an ordinary rule may be wholly suspended until it is applied by the Minister, by notice ( see
4: An ordinary rule may—
a: require or provide for a matter to be determined, undertaken, or approved by the Agency, the Director, or any other person:
aa: empower the Agency, the Director, or any other person to impose requirements or conditions as to the performance of activities:
b: specify standards, procedures, and requirements for the purposes of the rules:
c: impose conditions, restrictions, and prohibitions:
d: specify the definitions, abbreviations, and units of measurement to apply within the land transport system:
e: prescribe, or provide for the approval of, forms, documents, and records for the purposes of the rules:
f: make transitional and savings provisions for the purposes of implementing any rule; and for the purposes of determining the expiry date of licences under section 23(4)
5: An ordinary rule may incorporate or apply, with any necessary modifications, a regulation or order or notice made or given under the Transport Act 1962 Part 2 or Part 17
6:
7: If a bylaw of a local authority is inconsistent with or repugnant to any ordinary rules in force in the same locality, the rules override the bylaws.
8: Despite clause 5
9: A notice under subsection (3) is secondary legislation ( see Part 3 1993 No 88 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 160(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 160(4)(a) replaced 1 April 2021 section 117 Land Transport (NZTA) Legislation Amendment Act 2020 Section 160(4)(aa) inserted 1 April 2021 section 117 Land Transport (NZTA) Legislation Amendment Act 2020 Section 160(5) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 160(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 160(8) amended 7 August 2020 section 135 Public Service Act 2020 Section 160(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
161: Procedure concerning ordinary rules
1: Every ordinary rule must—
a: be signed by the Minister; and
b: contain a statement specifying the objective of the rule and the extent of any consultation under subsection (2); and
c: set out fully the requirements of the rule, except where certain information is incorporated in the rule by reference under section 165
2: Before making an ordinary rule, the Minister must—
a: publish a notice of his or her intention to make the rule; and
b: give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposal; and
c: consult with such persons, representative groups within the land transport system or elsewhere, government departments, and Crown entities as the Minister in each case considers appropriate.
3:
4: 1993 No 88 ss 8, 10 Section 161(2)(a) substituted 10 May 2011 section 83(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 161(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 161(4) repealed 10 May 2011 section 83(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Emergency rules
162: Agency
1: The Agency section 163
2: The Agency , or recommend that ordinary rules be made,
3: The Minister may revoke any emergency rule made under subsection (1)
4: The following are secondary legislation ( see Part 3
a: emergency rules under subsection (1):
b: a revocation under subsection (3).
5: If, for reasons of safety, it is impracticable or inappropriate to publish immediately an emergency rule or revocation under that Act, the Agency must serve a copy of it on the persons (if any) whom the Agency considers appropriate.
6: An emergency rule or revocation to which subsection (5) applies—
a: has effect only in relation to a person on whom it is served under subsection (5); and
b: comes into force in relation to that person immediately after it is served on the person (even if it is not yet published).
7: Service under subsection (5) may be effected in any way the Agency considers appropriate. 1993 No 88 s 7 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for purchase by members of the public at a reasonable price However, that requirement does not apply if, for reasons of safety, it is impracticable or inappropriate to comply with that requirement. In that case, subsections (5) to (7) apply The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 162 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(2) amended 10 May 2011 section 84 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 162(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
163: Procedure for making emergency rules
1: Before making an emergency rule, the Agency Agency
2:
3:
4:
5: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed once only for a further period not exceeding 90 days.
6: So far as any emergency rule is inconsistent with or repugnant to any ordinary rule made under this Act, the emergency rule prevails. 1993 No 88 s 11 Section 163(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 163(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 General provisions concerning making of rules
164: Matters to
have regard to when making or recommending rules
1:
2: The Minister in making or recommending a rule, or the Agency in making a rule, must have regard to, and give such weight as the Minister or the Agency (as the case may be)
a: the level of risk existing to land transport safety in each proposed activity or service:
b: the nature of the particular activity or service for which the rule is being established:
c: the level of risk existing to land transport safety in New Zealand in general:
d: the need to maintain and improve land transport safety and security, including (but not limited to) personal security:
da: the appropriate management of infrastructure, including (but not limited to)—
i: the impact of vehicles on infrastructure; and
ii: whether the costs of the use of the infrastructure are greater than the economic value generated by its use:
e: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
ea: the costs of implementing measures for which the rule is being proposed:
eb: New Zealand's international obligations concerning land transport safety:
f: the international circumstances in respect of land transport safety:
g: such other matters as the Minister (in the case of ordinary rules) or the Agency 1993 No 88 s 9 Section 164 heading amended 10 May 2011 section 85(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(1) repealed 10 May 2011 section 85(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2) amended 10 May 2011 section 85(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2)(d) substituted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)(da) inserted 11 August 2017 section 58 Land Transport Amendment Act 2017 Section 164(2)(e) substituted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)(ea) inserted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)(eb) inserted 10 May 2011 section 85(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2)(g) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
165: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Agency:
a: standards, requirements, or recommended practices of another State or an international organisation:
b: standards, requirements, or rules of the NZ Standards Organisation NZ Standards Organisation
c: material formulated by a specialist public sector organisation or a specialist private sector organisation:
d: any other material or document that, in the opinion of the Minister or the Agency (as the case may be)
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Agency (as the case may be); and
b: retained by the Agency.
4: Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.
5: The Agency must give notice on the Agency's Internet site stating—
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2) must be made available at the Agency for inspection by the public free of charge.
7: Part 3
8: Nothing in section 114
8:
9: Subsections (1) to (8) do not affect the application of sections 29 to 32 1990 No 98 s 36 Section 165 substituted 10 May 2011 section 86 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 165(1)(b) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 165(1)(d) amended 17 December 2016 section 62 Statutes Amendment Act 2016 Section 165(7) replaced 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 165(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(8) inserted 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 165(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(8) repealed 5 August 2013 section 77(3) Legislation Act 2012 Section 165(9) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
166: Agency Section 166 repealed 1 April 2021 section 9 Regulatory Systems (Transport) Amendment Act 2021
166A: Agency may grant exemptions to New Zealand Defence Force
Section 166A repealed 1 April 2021 section 9 Regulatory Systems (Transport) Amendment Act 2021 Regulations
167: 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: specifying those breaches of the rules that constitute offences against this Act:
b: specifying infringement offences for the purposes of this Act:
c: setting out defences to offences referred to in paragraph (a) or paragraph (b):
d: setting the maximum penalty for each offence prescribed under paragraph (a), which,—
i: in the case of an individual, may be a fine not exceeding $10,000; or
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
e: setting the infringement fee for each offence prescribed under paragraph (b), which,—
i: in the case of an individual, may not exceed $2,000; or
ii: in the case of a body corporate, may not exceed $10,000; or
iii:
iv: in the case of an overloading or over-dimension $15,000
f: setting the penalty for each overloading or over-dimension section 43
fa: setting the infringement fee for a toll offence:
g: setting the number of demerit points to be recorded in relation to offences against this Act or any regulations (which offences are in connection with the driving of a motor vehicle), including regulations—
i: providing for a greater number of demerit points to be recorded in respect of a second or subsequent conviction for an offence:
ii: setting a graduated scale of demerit points for speeding offences:
h: creating offences against any regulations made under this Act; and setting the maximum penalty for each offence, which,—
i: in the case of an individual, may not exceed $10,000; or
ii: in the case of a body corporate, may not exceed $50,000:
i: declaring which offences against any secondary legislation (including bylaws) Transport (Vehicle and Driver Registration and Licensing) Act 1986
i: moving vehicle offences:
ii: stationary vehicle offences:
iii: special vehicle lane offences:
ia: specifying the criteria that—
i: a person must meet to install or remove an alcohol interlock device:
ii: a person with an alcohol interlock licence must meet to apply for the removal of an alcohol interlock device from the person's vehicle:
ib: specifying the circumstances in which the Director
j: specifying the matters for which fees or charges are to be paid under this Act or any other land transport Act
k: providing for the collection of land transport related fees and charges:
l: prescribing forms for the purposes of this Act:
m: specifying the conditions, requirements, and other provisions that must be included in arrangements the Commissioner or an authorised officer may enter into for the purposes of section 97
i: the investigations that may be carried out by the Commissioner or an authorised officer for the purposes of the arrangement:
ii: the qualifications or standards that must be met by employees of the operator or provider who are likely in the course of their duties to have contact with members of the public or access to impounded vehicles:
iii: the vetting of prospective employees of the operator or provider:
iv: measures to ensure the security of impounded vehicles and personal property carried in or on them:
v: the hours during which the Police and members of the public are to have access to the premises:
vi: the arrangements for the payment of fees and charges in respect of impounded vehicles:
ma: exempting any service or class or category of service from being a transport service for the purposes of Part 4A Part 6A
mb: exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of Part 4A Part 6A
mba: specifying for the purpose of section 168D(2)(b) sections 168D 168E
mc: specifying that a substance, preparation, mixture, or article is not a qualifying
md: prescribing, for the purpose of section 98D(2)(a)
me: prescribing criteria for the purpose of considering whether an operator has complied with section 98D(3)
mf: providing for any matter necessary to establish, maintain, and operate the register of land transport records established by section 200E
n: 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: The maximum number of demerit points that may be set by regulations made under subsection (1) in respect of any offence—
aaa: is 75 demerit points in the case of an offence against section 57B(2) or (3) 57C(2), (3), or (4)
a: is 60 demerit points in the case of—
i: an offence against any of sections 35(1) 36(1) 38(1) 39(1)
ii: an offence against any of sections 56 , 57 57A 58(1) 60(1) 61(1), 61(2) 62(1), and 62(1B)
iii: an offence against section 33(1)
iv: a first or second offence against section 32(1) or contrary to an alcohol interlock licence or a zero alcohol licence
b: is 50 demerit points in the case of any other offence.
3: Regulations under this section are secondary legislation ( see Part 3
4: Regulations that identify fees or charges as land transport revenue for the purposes of the Land Transport Management Act 2003 see subpart 3 1962 No 135 ss 77 199 1993 No 88 s 33 2024-07-01 Land Transport (Clean Vehicle Discount Scheme Charges) Amendment Regulations 2023 This order is deemed revoked on the close of 30 June 2024 unless confirmed prior to that date. 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 167(1)(e)(iii) repealed 1 August 2012 section 94 Road User Charges Act 2012 Section 167(1)(e)(iv) added 22 June 2005 section 78(1) Land Transport Amendment Act 2005 Section 167(1)(e)(iv) amended 11 August 2017 section 60(1)(a) Land Transport Amendment Act 2017 Section 167(1)(e)(iv) amended 11 August 2017 section 60(1)(b) Land Transport Amendment Act 2017 Section 167(1)(f) amended 11 August 2017 section 60(2) Land Transport Amendment Act 2017 Section 167(1)(fa) inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 167(1)(i) substituted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 167(1)(ia) inserted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)(ib) inserted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)(ib) amended 1 April 2021 section 118(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(1)(j) amended 1 September 2020 section 118(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(1)(ma) inserted 1 October 2007 section 78(2) Land Transport Amendment Act 2005 Section 167(1)(mb) inserted 1 October 2007 section 78(2) Land Transport Amendment Act 2005 Section 167(1)(mba) inserted 1 April 2021 section 10 Regulatory Systems (Transport) Amendment Act 2021 Section 167(1)(mc) inserted 1 November 2009 section 25 Land Transport Amendment Act 2009 Section 167(1)(mc) amended 1 November 2009 section 34 Land Transport (Enforcement Powers) Amendment Act 2009 Section 167(1)(md) inserted 2 January 2020 section 6 Land Transport (Wheel Clamping) Amendment Act 2019 Section 167(1)(me) inserted 2 January 2020 section 6 Land Transport (Wheel Clamping) Amendment Act 2019 Section 167(1)(mf) inserted 1 September 2020 section 118(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(2)(aaa) inserted 11 March 2023 section 36 Land Transport (Drug Driving) Amendment Act 2022 Section 167(2)(a)(ii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 167(2)(a)(ii) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 167(2)(a)(ii) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 167(2)(a)(iv) amended 10 May 2011 section 87(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 167(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
167AAA: Setting or amending high-risk and tolerance blood concentration levels for drug-driving offences
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister and the Minister of Police, amend Schedule 5
a: adding the name of a qualifying drug to Part 1
b: adding the name of a qualifying drug to Part 2
c: amending any high-risk level or tolerance level specified in Schedule 5
2: A high-risk level for a qualifying drug—
a: may be specified only if a tolerance level is specified for the drug; and
b: may be the same as the tolerance level for the drug.
3: Before making a recommendation under subsection (1), the Ministers must, in respect of each qualifying drug referred to in the proposed order,—
a: seek and consider independent advice from independent experts appointed under section 167AAB
i: the specific effects of each drug referred to in the proposed order; and
ii: the appropriate high-risk level for each drug referred to in any proposed amendment to Part 1
iii: the appropriate tolerance level for each drug referred to in any proposed amendment to Part 2
b: publish a notice in the Gazette
c: give interested persons a reasonable time, which must be specified in the notice published under paragraph (b), to make submissions on the proposed order; and
d: consult the persons, representative groups, government departments, and Crown entities that the Ministers consider reasonable and appropriate to consult in the circumstances.
4: The Minister may seek and consider independent advice from independent experts appointed under section 167AAB
5: The Governor-General may, by Order in Council, amend the name or description of any qualifying drug named or described in Schedule 5 Misuse of Drugs Act 1975
6: An Order in Council made under this section—
a: is secondary legislation ( see Part 3
b: if made under subsection (1), must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167AAA inserted 11 March 2023 section 37 Land Transport (Drug Driving) Amendment Act 2022
167AAB: Ministers may appoint independent experts for purposes of section 167AAA
1: The Minister of Transport, the Minister of Police, and the Science Minister (the Ministers section 167AAA
2: The independent experts appointed under subsection (1) must together have appropriate expertise in relevant medical and scientific fields, including pharmacology and toxicology.
3: The function of the independent experts is—
a: to carry out medical and scientific evaluations of qualifying drugs; and
b: to advise the Ministers on—
i: the specific effects of qualifying drugs, including the pharmacological, psychoactive, and toxicological effects; and
ii: the appropriate high-risk levels and tolerance levels for qualifying drugs in accordance with subsections (4) and (5).
4: In advising the Ministers on the appropriate high-risk level for a qualifying drug, the independent experts must take into account—
a: the specific effects of the qualifying drug and the medical and scientific evaluations of the drug carried out under subsection (3)(a); and
b: that the high-risk level specified for a qualifying drug should, as far as practicable, be a blood concentration level that, to the best of the independent experts’ knowledge, is likely to impair a person’s driving; and
c: the high-risk levels specified, at the time of advising the Ministers, in Part 1
5: In advising the Ministers on the appropriate tolerance level for a qualifying drug, the independent experts must take into account—
a: the specific effects of the qualifying drug and the medical and scientific evaluations of the drug carried out under subsection (3)(a); and
b: that the tolerance level specified for a qualifying drug should, as far as practicable, be a blood concentration level that, to the best of the independent experts’ knowledge,—
i: is likely to indicate that a person has recently used the drug; and
ii: is unlikely to be exceeded if the person has such a low level of the drug in their blood (whether due to passive exposure or otherwise) that their driving is unlikely to be impaired; and
c: for a qualifying drug that is a prescription medicine, the maximum dose of the prescription medicine that is generally prescribed; and
d: the tolerance levels specified, at the time of advising the Ministers, in Part 2 Section 167AAB inserted 11 March 2023 section 37 Land Transport (Drug Driving) Amendment Act 2022
167A: Regulations imposing fees and charges for purposes of clean vehicle discount scheme
1: Without limiting the generality of section 167(1)(j)
2: Subsection (1) is subject to subsections (5) and (7).
3: Regulations made under section 167(1)(j)
a: do any of the things specified in section 168(4)(a), (aa), (ab), and (d) to (h)
b: prescribe any vehicle or class of vehicle as excluded from the definition of light vehicle for the purposes of the regulations:
c: apply, with any necessary modifications, provisions of this Act concerning the manner in which carbon dioxide emissions of vehicles must be determined for the purposes of the regulations:
d: prescribe, for the purposes of applying section 174
e: provide for unpaid fees or charges to be recoverable as a debt due to the Crown.
4: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
5: Regulations under section 167(1)(j)
6: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
7: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees or charges are appropriate to sustain a scheme designed to increase consumer demand for zero- and low-emission vehicles and decrease consumer demand for high-emission vehicles:
b: that the imposition and level of fees or charges are appropriate, after considering—
i: the variety and availability of zero- and low-emission vehicles expected to enter the New Zealand light vehicle market in the following 12 to 24 months; and
ii: the market behaviour of consumers, including the nature of any continued demand for high-emission vehicles; and
iii: international and domestic climate change ambitions and commitments; and
iv: the anticipated impact of the fees and charges on the market; and
v: whether the estimated revenue to be received from the charges is sufficient to meet the costs and expenses of the clean vehicle discount scheme funded under section 9(1E) and (1F) Section 167A inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022
167B: Regulations setting fees and charges for purpose of Part 13 (clean vehicle standard) requirements to import vehicles with zero carbon dioxide emissions
1: Without limiting the generality of section 167(1)(j) section 170 section 167C(1)(k)
2: Subsection (1) is subject to subsection (6).
3: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
4: Section 167A(3)(a) to (e) section 167(1)(j)
5: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
6: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees and charges are appropriate to increase the supply and availability of vehicles with zero carbon dioxide emissions; and
b: that the imposition and level of charges and fees are appropriate after considering international and domestic climate change ambitions and commitments. Section 167B inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022
167C: Regulations for purposes of Part 13 (clean vehicle standard)
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: declaring, for the purposes of the definition of excluded vehicle in section 172 Part 13
b: declaring, for the purposes of the definition of Type A vehicle in section 172 of Part 13
c: declaring, for the purposes of the definition of Type B vehicle in section 172 of Part 13
d: prescribing the process for approving a person as a category 1 light vehicle importer:
e: prescribing criteria for the approval of a person as a category 1 light vehicle importer:
f: prescribing the process for suspending or revoking the approval of a person as a category 1 light vehicle importer:
g: prescribing criteria for suspending or revoking the approval of a person as a category 1 light vehicle importer:
h: prescribing provisions that apply to a person whose approval as a category 1 light vehicle importer is suspended or revoked, for the purpose of transitioning from the law applicable to the person under this Part immediately before the suspension or revocation to the law that applies or has effect immediately after:
i: prescribing, for the purposes of section 174
j: prescribing targets for the level of carbon dioxide emissions from light vehicles imported annually, and matters relating to those targets, including—
i: separate targets for different classes of imported vehicles; and
ii: targets adjusted for vehicle weights; and
iii: formulas for calculating targets, including vehicle weight-adjusted targets; and
iv: targets in respect of any calendar year after 2027, beginning on 1 January of the relevant calendar year:
k: requiring vehicle importers to include, among the vehicles they import in any given year, a minimum proportion of vehicles with zero carbon dioxide emissions:
l: prescribing procedures and requirements for the purposes of banking and transferring carbon dioxide credits:
m: prescribing procedures and requirements for deferring an obligation to meet carbon dioxide emissions targets:
n: providing for the refund or waiver, or enabling the refund or waiver, of charges imposed under section 177 182
o: providing for unpaid charges under section 177 182
p: prescribing information to be contained in carbon dioxide accounts:
q: prescribing the manner in which carbon dioxide accounts must be operated:
r: prescribing, for the purposes of section 186
s: prescribing, for the purposes of section 188(2)
t: prescribing, for the purposes of section 188(3)
u: prescribing, for the purposes of section 194(1)
v: prescribing, for the purposes of any provision of Part 13
i: by whom, when, where, and how the thing must be done:
ii: the form that must be used in connection with the thing:
iii: requirements with which evidence or documents that are provided in connection with the thing must comply:
iv: that fees and charges must be paid in connection with doing the thing:
w: providing for any other matter contemplated by Part 13
2: Subsection (1)(j)(iv) is subject to subsection (3).
3: Regulations may be made under subsection (1)(j)(iv) only on the recommendation of the Minister, and the Minister must, before making a recommendation,—
a: consult such persons as the Minister considers appropriate; and
b: take into account—
i: the expected reduction in vehicle carbon dioxide emissions resulting from the targets; and
ii: the expected impact of the targets on vehicle safety, affordability, and availability; and
c: be satisfied—
i: that the targets are set at an appropriate level to increase the supply of zero- and low-emission vehicles in the market; and
ii: that the targets are consistent with transport-specific policies and strategies set out in the emissions reduction plan made under section 5ZG
4: Nothing in this section limits section 167 168
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167C inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022 Section 167C(1)(n) amended 26 November 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 Section 167C(1)(o) amended 26 November 2022 section 4(2) Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
168: Regulations relating to fees and charges for land transport
1: Without limiting the generality of section 167(1)(j)
a: to provide funds for the establishment, maintenance, and operation of facilities, works, goods, and services under this Act or any other land transport Act
b: to meet, or assist in meeting, the costs and expenses incurred by the Agency, the Director, or the Crown in the exercise of functions or powers, the performance of duties, or the provision of services under any legislation specified in paragraph (a):
c: to meet, or assist in meeting, the costs incurred by a regional council in processing notifications of the commencement, variation, or withdrawal of exempt services under the Land Transport Management Act 2003
2: Different rates of fees or charges, or both, may be so prescribed or fixed in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances,
3: Regulations under section 167(1)(j)
4: Any regulation under section 167(1)(j)
a: specify the persons by whom, and to whom, any fees or charges, or both, are payable:
aa: prescribe fees and charges payable, or provide for their fixing (including a means by which they may be calculated and ascertained, or a rate at which they may be calculated or ascertained):
ab: provide for the imposition by the person to whom the fees are payable of reasonable charges in connection with the administration of any payment:
b: prescribe, or provide for the fixing of, additional fees or charges, or both, for services or work carried out outside normal working hours, at weekends, or on statutory holidays:
c: prescribe, or provide for the fixing of, charges for reimbursement of travelling time, accommodation, and other expenses:
d: provide for the refund, waiver, or rebate or enabling the refund, waiver, or rebate, of any fee or charge, or both:
e: fix, or empower the fixing of, a date by which any fee or charge is to be paid:
f: fix, or enable the fixing of, discounts for early payment of any fee or charge, and penalties for late payment:
g: prescribe any returns, and the conditions relating to such returns, to be made by persons by whom any fees, charges, or penalties are payable:
h: identify those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003
5:
6: Section 168(1)(a) amended 1 April 2021 section 119(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 168(1)(a) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 168(1)(a) amended 10 May 2011 section 88 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 168(1)(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 168(1)(a) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 168(b) replaced 1 April 2021 section 119(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 168(1)(c) added 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 168(1)(c) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 168(2) amended 1 October 2007 section 79(2) Land Transport Amendment Act 2005 Section 168(4)(aa) inserted 11 August 2017 section 99 Land Transport Amendment Act 2017 Section 168(4)(ab) inserted 11 August 2017 section 99 Land Transport Amendment Act 2017 Section 168(4)(h) inserted 1 July 2020 section 18 Land Transport (Rail) Legislation Act 2020 Section 168(5) repealed 20 July 2005 section 103(3) Railways Act 2005 Section 168(6) repealed 1 August 2012 section 94 Road User Charges Act 2012
168AAA: Regulations relating to register of land transport records
1: Without limiting the generality of section 167(1)(mf)
a: specify a category of decisions or other things for which land transport records may be created (for example, specifying a category of speed limits or cycle paths):
b: if a bylaw, or a class of bylaws, is in a category of decisions or other things specified by regulations made under paragraph (a),—
i: require or authorise a land transport record to be created for the bylaw or class of bylaws; and
ii: prescribe any additional requirements relating to the creation of a land transport record for the bylaw or class of bylaws:
c:
d: provide for the consequences of a land transport record being created for a bylaw, which may include amending, replacing, or revoking the bylaw:
e: specify the circumstances in which the Registrar is required or authorised to create a land transport record, amend a land transport record, or remove a land transport record from the register (including, for example, any criteria that the land transport record must satisfy, or any criteria the Registrar must consider before doing so):
f: specify any information the Registrar must record in the register for a land transport record:
g: prescribe when, or the circumstances in which, the Registrar is not required to operate the register:
h: provide for any limitations on, or requirements for, accessing or searching the register, or making copies of information in the register (including, for example, the requirement to pay a fee or charge):
i: provide for any notices, records, certificates, or other information that must be given, kept, or produced in relation to a land transport record or the register:
j: prescribe the persons or class of persons the Registrar must inform if the Registrar creates, amends,
k: provide for the consequences if a land transport record—
i: conflicts with or duplicates a bylaw (which consequences may include amending, replacing, or revoking the bylaw)
ii: conflicts with any other secondary legislation made under a land transport Act:
l: prescribe transitional or savings provisions relating to land transport records.
2: The following provisions do not apply when amending, replacing, or revoking a bylaw in accordance with regulations made for the purposes of subsection (1)(d), (k), or (l):
a: section 22AD
b: section 156
3: In this section, bylaw
a: means a bylaw, or part of a bylaw, made by a road controlling authority—
i: under any enactment (including section 22AB
ii: whether made before or after regulations made for any of the purposes in subsection (1)(a) to (l)
b: includes any decision or resolution made under a bylaw referred to in paragraph (a) (for example, a resolution under section 22AB(3)
c: includes any resolution made under section 22AB(3A) Section 168AAA inserted 1 September 2020 section 120 Land Transport (NZTA) Legislation Amendment Act 2020 Section 168AAA(1)(b) replaced 1 April 2021 section 11(1) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)(c) repealed 1 April 2021 section 11(1) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)(j) amended 1 April 2021 section 11(2) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)(k)(i) amended 1 April 2021 section 11(3) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(3)(a)(ii) amended 1 April 2021 section 11(4) Regulatory Systems (Transport) Amendment Act 2021
168AA: Land transport revenue to be paid into
Crown Bank Account All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 Section 168AA inserted 1 July 2020 section 19 Land Transport (Rail) Legislation Act 2020 Section 168AA heading amended 23 February 2022 section 9 Land Transport (Clean Vehicles) Amendment Act 2022
168AAB: Certain orders are confirmable instruments
Section 168AAB repealed 28 October 2021 section 3 Secondary Legislation Act 2021
168A: Agency
1: If a vehicle or type of vehicle is powered solely by a motor that has a maximum power output not exceeding 1 500 W, the Agency
2: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output not exceeding 300 W, the Agency
3: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output greater than 300 W but not exceeding 600 W, the Agency
4: If the Agency Agency
a: impose conditions with respect to—
i: the operation of the vehicle or type of vehicle; and
ii: the equipment required on the vehicle or type of vehicle; and
b: specify those conditions in the notice.
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 168A inserted 22 June 2005 section 80 Land Transport Amendment Act 2005 Section 168A heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
168B: Order in Council for certain land transport revenue
Section 168B repealed 1 May 2011 section 35(1) Land Transport Amendment Act 2009
168C: Piloting fees
1: In any case where the Agency or the Director or the Director
a: the motor vehicle be used only under the supervision of 1 or more enforcement officers; and
b: the person to whom the permission is given pay to the Commissioner any fee that the Commissioner fixes to cover the costs incurred by the Police in providing that supervision.
2: Any fee payable to the Commissioner under subsection (1) constitutes a debt due to the Crown and may be recovered accordingly in any court of competent jurisdiction. 1962 No 135 s 78A Section 168C inserted 10 May 2011 section 89 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 168C(1) amended 1 April 2021 section 121 Land Transport (NZTA) Legislation Amendment Act 2020 Director may grant exemptions from rules and regulations Heading inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168D: Director may grant exemptions
1: The Director may, if the Director thinks it appropriate,—
a: exempt 1 or more named or specified persons, vehicles, vehicle components, rail vehicles, land transport-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Part; or
b: exempt any class of person, vehicle, vehicle component, rail vehicle, land transport-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Part.
2: The power under subsection (1)—
a: must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted; and
b: may be used to allow an exemption from the requirement of a regulation only if the regulations specify under section 167(1)(mba) section 168E
3: The Director must not grant an exemption unless satisfied that—
a: the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: it is appropriate to grant the exemption considering—
i: the Agency’s objective in section 94
ii: the need to maintain or improve land transport safety; and
iii: whether the exemption supports the response to an emergency or other event; and
iv: any other matter that the Director considers appropriate in the circumstances.
4: This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.
5: The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette
6: A class exemption 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 • notify it in the Gazette • publish it on the Agency’s Internet site 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 168D inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168E: General provisions relating to exemptions
1: This section applies to exemptions under section 168D
2: The Director may—
a: grant an exemption on any terms and conditions that the Director thinks fit:
b: amend or revoke an exemption:
c: grant an exemption for an indefinite or limited period:
d: replace an exemption either before or when it expires.
3: An exemption takes effect from the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019
4: An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.
5: If the term of an exemption is not specified in the exemption, it has effect for an indefinite period (or until it is replaced or revoked).
6: The breach of a term or condition of an exemption is a breach of the relevant provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise). Section 168E inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021 Transport instruments Heading inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168F: Regulations or rules may provide for transport instruments
1: A regulation or rule made under a land transport Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument.
2: A regulation or rule providing under subsection (1) for a matter to be dealt with in a transport instrument may be made only if,—
a: in the case of a regulation or rule to be made by the Governor-General, the Minister recommends it after being satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
b: in the case of a rule to be made by the Minister, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
c: in the case of a rule to be made by the Agency, the Agency is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.
3: A regulation or rule that provides for a transport instrument must specify who may make the instrument (the Agency, the Director, or the Secretary).
4: A regulation or rule that provides for a transport instrument may—
a: provide for a particular transport instrument as amended or replaced from time to time:
b: provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
c: provide for any requirements in relation to the instrument or its creation.
5: A transport instrument provided for in a regulation or rule is part of that regulation or rule.
6: To avoid doubt,—
a: a transport instrument has effect only to the extent that a regulation or rule made under a land transport Act refers to it; and
b: a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.
7: If a regulation or rule provides for a transport instrument,—
a: a transport instrument made under the regulation or rule is secondary legislation ( see Part 3
b: the regulation or rule must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 168F inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168G: Agency, Director, or Secretary may make transport instruments
1: For the purposes of section 168F
2: The Agency must not delegate the power to make, amend, or revoke a transport instrument to any person other than the Director or the Secretary.
3: The Secretary or the Director (as the case may be) must not delegate the power to make, amend, or revoke a transport instrument to any person. Section 168G inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168H: Procedures relating to transport instruments
1: The Agency, the Director, or the Secretary must not make, amend, or revoke a transport instrument unless satisfied that all persons and organisations that the Agency, the Director, or the Secretary thinks appropriate have been consulted, having regard to the subject matter of the proposed instrument, amendment, or revocation.
2: The Agency, the Director, or the Secretary (as the case may be) may amend a transport instrument without complying with subsection (1) if satisfied that the amendment is to correct an error, for example, a grammatical or spelling error, or an error in numbering or cross-referencing. Section 168H inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168I: Incorporation of material in transport instruments
1: Section 165
a: transport instruments were rules; and
b: references in that section to the person making the rule were references to the person making the transport instrument.
2: To avoid doubt, any material incorporated by reference in a transport instrument is to be treated for all purposes as part of the regulation or rule that provides for the instrument. Section 168I inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
12: The Crown and land transport
169: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international agreements relating to land transport are implemented. Section 169 substituted 1 December 2004 section 6 Land Transport Amendment Act 2004
169A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in land transport:
b: to administer New Zealand's participation in any international convention, agreement, or understanding relating to land transport to which the Government of New Zealand is a party:
c: to make ordinary rules under this Act. Section 169A inserted 1 December 2004 section 6 Land Transport Amendment Act 2004
13: Clean vehicle standard
Part 13 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
1: Preliminary provisions
Subpart 1 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
170: Purpose of this Part
The purpose of this Part is to achieve a rapid reduction in carbon dioxide emissions from light vehicles imported into New Zealand, to assist New Zealand in meeting its 2050 target and emissions budgets under the Climate Change Response Act 2002 Section 170 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
171: Application of this Part
This Part applies to light vehicles imported into New Zealand. Section 171 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
172: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— approved test cycle category 1 light vehicle importer category 1 light vehicle importer fleet target category 2 light vehicle importer category 2 light vehicle importer target excluded vehicle imported section 173 new obligation year regulations section 167C Type A vehicle
a: a light motor vehicle that—
i: is constructed primarily for the carriage of passengers and has not more than 9 seating positions (including the driver’s seating position); and
ii: either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
iii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type A vehicle for the purposes of this Part Type B vehicle
a: a light motor vehicle that—
i: is constructed primarily for—
A: the carriage of passengers and has more than 9 seating positions (including the driver’s seating position); or
B: the carriage of goods and either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
ii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type B vehicle for the purposes of this Part used
a: Part 17
b: the Transport Act 1962
c: the Transport (Vehicle and Driver Registration and Licensing) Act 1986
d: any corresponding enactment of another country vehicle importer
a: a category 1 light vehicle importer:
b: a category 2 light vehicle importer WLTP
2: A reference in this Part to a specified level of vehicle carbon dioxide emissions is a reference to the number of grams of carbon dioxide emitted per kilometre measured in accordance with the WLTP. Section 172 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
173: Meaning of imported
For the purposes of this Part, a vehicle is imported Section 173 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
174: Measurement and determination of carbon dioxide emissions
1: For the purposes of this Part, carbon dioxide emissions from imported light vehicles must be measured in grams per kilometre based on the approved test cycle.
2: The carbon dioxide emissions of an imported light vehicle are the amount determined in accordance with the regulations or rules made under this Act.
3: If the carbon dioxide emissions of a vehicle have been determined using a test cycle other than the approved test cycle, the carbon dioxide emissions of the vehicle must be determined in accordance with the regulations or rules made under this Act, which may include estimating the carbon dioxide emissions that would have been expected if the vehicle had been tested using the approved test cycle. Section 174 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
2: Clean vehicle standard
Subpart 2 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Targets for reducing carbon dioxide emissions Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
175: Targets for reducing carbon dioxide emissions
1: The targets for the purposes of calculating the weight-adjusted target applicable to each vehicle importer in accordance with the regulations are,—
a: for the calendar year beginning on 1 January 2023,—
i: for Type A vehicles, 145 grams; and
ii: for Type B vehicles, 218.3 grams; and
b: for the calendar year beginning on 1 January 2024,—
i: for Type A vehicles, 133.9 grams; and
ii: for Type B vehicles, 201.9 grams; and
c: for the calendar year beginning on 1 January 2025,—
i: for Type A vehicles, 112.6 grams; and
ii: for Type B vehicles, 155 grams; and
d: for the calendar year beginning on 1 January 2026,—
i: for Type A vehicles, 84.5 grams; and
ii: for Type B vehicles, 116.3 grams; and
e: for the calendar year beginning on 1 January 2027 and, subject to paragraph (f), any subsequent year,—
i: for Type A vehicles, 63.3 grams; and
ii: for Type B vehicles, 87.2 grams; and
f: for any calendar year after 2027, any target set by regulations made under section 167C(1)(j)(iv)
2: Every reference to grams Section 175 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
175A: Minister must review targets
1: The Minister must, not later than 30 June 2024, initiate a review of the targets for reducing carbon dioxide emissions set out in section 175 section 167C(1)(j)(iv)
2: The review must take into account—
a: the anticipated impact of the targets on vehicle carbon dioxide emissions, vehicle safety, and the affordability and availability of vehicles; and
b: the levels of ambition of other jurisdictions, in terms of their existing and proposed carbon dioxide emissions targets; and
c: any other matter the Minister considers relevant in carrying out the review.
3: The review may be undertaken by any method the Minister considers appropriate.
4: In conducting the review, the Minister must consult such persons as the Minister considers appropriate. Section 175A inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Category 1 light vehicle importers: obligations and ways of complying with targets Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
176: Category 1 light vehicle importers: annual, fleet-based compliance regime applies
1: A category 1 light vehicle importer must comply with the targets on an annual basis in relation to the fleet of Type A vehicles, the fleet of Type B vehicles, or (if they imported both Type A and Type B vehicles) each of those fleets of vehicles they imported in the relevant obligation year.
2: The actual average vehicle carbon dioxide emissions across a fleet of vehicles imported by a category 1 light vehicle importer in an obligation year must be less than or equal to the category 1 light vehicle importer fleet target applicable to that importer for the relevant vehicle type of that fleet, calculated in accordance with the formula prescribed by the regulations. Section 176 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
177: Charges payable by category 1 light vehicle importer if carbon dioxide emissions targets exceeded
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year exceed the category 1 light vehicle importer fleet target, the charges calculated in accordance with subsection (2) apply, unless—
a: there are sufficient carbon dioxide credits available in the importer’s carbon dioxide account to offset the excess emissions (whether such credits may have resulted from banking overachievement under section 178 section 180
b: the importer can defer their obligation under section 179
2: The charges are,—
a: from 1 January 2023,—
i: $22.50 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $45.00 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet; and
b: from 1 January 2025,—
i: $33.75 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $67.50 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003 Section 177 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
178: Category 1 light vehicle importer may bank overachievement of carbon dioxide emissions target
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year are less than the fleet target applicable to that importer, the excess reduction in emissions may be carried forward to the next obligation year ( banked
2: Banking provides that the vehicle importer’s carbon dioxide account for the next obligation year will be credited by the amount carried forward.
3: Carbon dioxide credits banked in an importer’s carbon dioxide account expire 3 years from the end of the year in which the credits accrue. Section 178 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
179: Category 1 light vehicle importer may defer obligation
1: This section applies in relation to obligation years 2023, 2024, and 2025.
2: A category 1 light vehicle importer may apply to the Director, in accordance with the regulations, to defer their obligation to meet the category 1 light vehicle importer fleet target for an applicable obligation year ( year 1 year 2
3: If a category 1 light vehicle importer defers their year 1 obligation until year 2, the importer must, at the end of year 2, ensure that they have met or bettered both the year 1 and the year 2 fleet targets.
4: If the vehicle importer does not meet the year 1 and year 2 fleet targets, the charges in section 177 Section 179 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
180: Category 1 light vehicle importer may transfer carbon dioxide credits
(1): A category 1 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 1 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) between a carbon dioxide account relating to new vehicles and a carbon dioxide account relating to used vehicles. Section 180 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Category 2 light vehicle importers: obligations and ways of complying with targets Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
181: Category 2 light vehicle importers: vehicle-by-vehicle compliance regime applies
1: A category 2 light vehicle importer must ensure that each vehicle they import in an obligation year complies with the category 2 light vehicle importer target that applies in respect of that vehicle.
2: The vehicle emissions targets applicable in respect of Type A and Type B vehicles imported by a category 2 light vehicle importer must be calculated in accordance with the formulas prescribed by the regulations. Section 181 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
182: Charges payable by category 2 light vehicle importer if emissions targets exceeded
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer exceed the category 2 light vehicle importer target, the charges set out in subsection (2) apply unless there are sufficient credits available in the importer’s carbon dioxide account (whether such credits may have resulted from banking overachievement under section 183 section 184
2: The charges are,—
a: from 1 January 2023,—
i: $18.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $36.00 per gram of carbon dioxide by which a new imported vehicle exceeds its target; and
b: from 1 January 2025,—
i: $27.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $54.00 per gram of carbon dioxide by which a new vehicle exceeds its target.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003 Section 182 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
183: Category 2 light vehicle importer may bank overachievement of carbon dioxide emissions
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer are less than the category 2 light vehicle importer target in respect of that vehicle, the overachievement may be banked in the importer’s carbon dioxide account in accordance with the regulations.
2: Section 178(3) Section 183 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
184: Category 2 light vehicle importer may transfer carbon dioxide credits
(1): A category 2 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 2 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) between a carbon dioxide account relating to new vehicles and a carbon dioxide account relating to used vehicles. Section 184 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Carbon dioxide accounts: general provisions Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
185: Vehicle importers must hold carbon dioxide accounts
1: Every vehicle importer who imports a Type A or Type B vehicle
2: The account must contain the information and be operated in the manner prescribed by the regulations. Section 185 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 185(1) amended 26 November 2022 section 5 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
186: Director must allocate unique numbers for carbon dioxide accounts
The Director must, in accordance with the regulations, allocate a unique account number to each carbon dioxide account when the account is opened. Section 186 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
187: Carbon dioxide account information required for vehicle importation
On and after 1 December 2022, no Type A or Type B vehicle
a: the carbon dioxide account number of the vehicle importer has been provided to the Director; and
b: the carbon dioxide emissions of the vehicle have been recorded in the vehicle importer’s carbon dioxide account. Section 187 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 187 amended 26 November 2022 section 6 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
188: Director to keep accessible record of carbon dioxide accounts
1: The Director must establish and maintain a record of all carbon dioxide holders and the carbon dioxide account number that corresponds to each account holder.
2: Any person may apply to the Director for information contained in the record, in accordance with the regulations, for any of the purposes in subsection (3)(a) or (b).
3: The Director must maintain and operate the record in a manner that—
a: allows members of the public to verify whether a person holds a current carbon dioxide account and whether an account number is correct; and
b: facilitates the transfer of carbon dioxide credits between account holders; and
c: complies with any requirements prescribed by the regulations. Section 188 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Opening, closing, and suspension of carbon dioxide accounts Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
189: Opening carbon dioxide accounts
1: Any person who intends to import a Type A or Type B vehicle
2: The Director must open a carbon dioxide account on receipt of an application under subsection (1) if the Director is satisfied that—
a: the application complies with the prescribed requirements; and
b: if the applicant intends to import new vehicles, the applicant does not already hold a carbon dioxide account that relates to new vehicles; and
c: if the applicant intends to import used vehicles, the applicant does not already hold a carbon dioxide account that relates to used vehicles. Section 189 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 189(1) amended 26 November 2022 section 7 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
190: Carbon dioxide account holder may require Director to close account
1: A person who holds a carbon dioxide account may require the Director to close their account.
2: The requirement must be made in the manner prescribed by the regulations. Section 190 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
191: When Director may close carbon dioxide accounts
1: The Director may close a carbon dioxide account—
a: if the Director receives a requirement from the account holder to close the account; or
b: where the Director has not received a requirement from the account holder, if the Director has given the account holder reasonable notice and the Director is satisfied that the account holder no longer requires the account.
2: For the purposes of subsection (1)(b), reasonable notice Section 191 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
192: Director may suspend carbon dioxide accounts
1: The Director may suspend the operation of a carbon dioxide account for a period not exceeding 5 years if—
a: the Director is satisfied that the account holder has failed to comply with specified provisions of this Part or the regulations and the Director has given the account holder reasonable notice; or
b: the account holder has been convicted of an offence under this Part and the Director considers suspension of the account for the relevant period to be necessary for the purpose of maintaining the integrity of the clean vehicle standard.
2: For the purposes of subsection (1)(a), reasonable notice Section 192 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
193: Application of general right of appeal to District Court
Section 106
a: as if every reference to the grant, issue, revocation, or suspension of a land transport document were a reference to the opening, closing, or suspension of a carbon dioxide account; and
b: with all other necessary modifications. Section 193 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
3: Information gathering and enforcement powers
Subpart 3 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
194: Requirement to collect and keep information and records for purposes of clean vehicle standard
1: A vehicle importer must, in relation to each vehicle they import,—
a: collect the data and information prescribed (if any); and
b: keep records of the data and information in the prescribed manner (if any); and
c: keep sufficient information to enable the Director to verify, in relation to each obligation year, the vehicle importation, charges payable, and charges paid.
2: The data, records, and information specified in subsection (1)(a) to (c) must be kept for a period of at least 7 years after the end of the year to which they relate. Section 194 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
195: Offence in relation to failure to collect data and keep records for purposes of clean vehicle standard
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails to comply with section 194
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 195 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
196: Offence of knowingly producing false records or information
1: A vehicle importer commits an offence against this Act if the vehicle importer knowingly or recklessly, in relation to the administration or enforcement of the clean vehicle standard under this Part, provides to the Director information that is false or misleading.
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 196 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197: Inspection of records or other information
1: The Director may require a vehicle importer to produce for inspection any records or other information in the vehicle importer’s possession or control that the Director reasonably considers necessary to establish compliance with the requirements and obligations of the clean vehicle standard.
2: The Director may, in relation to any records or other information produced under subsection (1),—
a: inspect and make copies of, or take extracts from, the records or other information:
b: where the vehicle importer chooses to produce the records or other information at their premises or any other place of inspection,—
i: make copies of the records or other information at the place of inspection:
ii: remove the records or other information if the Director is satisfied that it is impracticable to copy the records or other information at the place of inspection.
3: If the Director removes any records or other information under subsection (2)(b)(ii), the Director must—
a: issue a receipt for the records or other information to the person from whom the records or other information was taken; and
b: return the records or other information as soon as practicable; and
c: for as long as the Director holds the records or other information, allow the person from whom the records or other information was taken to inspect, and obtain copies of, the records or other information at any reasonable time at the premises where the records or other information is held. Section 197 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197A: Offence in relation to production of records or other information
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails or refuses to comply with a requirement made under section 197
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 197A inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197B: Director may require person to supply information, produce documents, or give evidence
1: If the Director considers it necessary or desirable for the purposes of performing or exercising the Director’s functions, powers, or duties under this Part, the Director may, by notice in writing, require a person—
a: to supply to the Director, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the Director, or to a person specified in the notice acting on the Director’s behalf in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
d: to appear before a specified person, at a time and place specified in the notice, to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.
2: Information supplied in response to a notice under subsection (1)(a) must be—
a: given in writing; and
b: signed in the manner specified in the notice.
3: If a document is produced in response to a notice under subsection (1), the Director, or the person to whom the document is produced, may—
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
4: In this section, specified person
a: an employee of the Agency:
b: another person to whom the Director has delegated the power to receive the relevant document or class of documents or to receive evidence and the relevant document or class of documents (being a person that the Director is satisfied is suitably qualified or trained, or is a member of a class of persons who are suitably qualified or trained, to exercise the power). Section 197B inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197C: Offence in relation to requirement to supply information, produce documents, or give evidence
1: A person commits an offence against this Act if the person,—
a: without reasonable excuse, fails or refuses to comply with a notice given under section 197B
b: in purported compliance with a notice given under that section, provides information, or produces a document, or gives evidence knowing it to be false or misleading.
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 197C inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197D: Privileges for person required to supply information, produce documents, or give evidence
Every person has the same privileges in relation to providing information and documents to, and answering questions before, the Director, an employee of the Agency, or a person authorised under section 197B(4)(b) Section 197D inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197E: Confidentiality of information and documents
Sections 109A 109B Land Transport Management Act 2003 section 197B Section 197E inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197F: Effect of proceedings
1: If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 197B
a: the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
b: no person is excused from fulfilling the person’s obligations under that section by reason of the proceeding.
2: However, the court may make an interim order overriding subsection (1), but only if the court is satisfied that—
a: the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
b: the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
c: if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
d: the terms of the order do not unduly hinder or restrict the Director in performing or exercising the Director’s functions, powers, or duties under this Act.
3: The remedies are as follows:
a: any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
b: any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
c: any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation. Section 197F inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197G: Effect of final decision that exercise of powers under section 197B unlawful
1: This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by section 197B
2: If this section applies, to the extent to which the exercise of those powers is declared unlawful, the Director must ensure that, immediately after the decision of the court is given,—
a: any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
b: any documents, or extracts from documents, that are obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person who previously had possession or control of them, and any copies of those documents or extracts are destroyed; and
c: any information derived from or based on such information, documents, or extracts is destroyed.
3: However, the court may order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the Director subject to any terms and conditions that the court imposes.
4: No information, and no document or extracts from a document, obtained as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or document,—
a: is admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
b: is admissible as evidence in any criminal proceeding if the evidence is excluded under section 30
c: may otherwise be used in connection with the exercise of any powers conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence. Section 197G inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
13: Land transport strategies
Part 13 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 National land transport strategy Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
170: National land transport strategy
Section 170 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
171: Procedure for completing national land transport strategy
Section 171 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
172: Currency of national land transport strategy
Section 172 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
173: Amendment or revocation of national land transport strategy
Section 173 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
174: Effect of national land transport strategy
Section 174 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Regional land transport strategies Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
175: Regional land transport strategies
Section 175 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
176: Currency of regional land transport strategies
Section 176 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
177: Copies of regional land transport strategy to be made available to certain persons
Section 177 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
178: Regional land transport committees
Section 178 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
179: Consultation requirements for preparation of regional land transport strategies
Section 179 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
180: Regional councils to consider contracting out functions under this Act
Section 180 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
181: Effect of regional land transport strategies
Section 181 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
182: Annual reports on regional land transport strategy
Section 182 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
183: Certain territorial authorities to prepare land transport strategy
Section 183 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
14: Administrative provisions
Part 14 heading substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
184: Land Transport Safety Authority of New Zealand continued
Section 184 repealed 1 December 2004 section 11(1)(d) Land Transport Amendment Act 2004
185: Authority to be Crown entity
Section 185 repealed 1 December 2004 section 11(1)(d) Land Transport Amendment Act 2004
186: Director of Land Transport
Section 186 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
187: Acting Director
Section 187 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
188: Use of words Land Transport Safety Authority
Section 188 repealed 1 December 2004 section 11(1)(e) Land Transport Amendment Act 2004 Role of Land Transport Safety Authority and Director Heading repealed 1 December 2004 section 11(1)(f) Land Transport Amendment Act 2004
189: Principal objective of Authority
Section 189 repealed 1 December 2004 section 11(1)(f) Land Transport Amendment Act 2004
190: Functions of Authority
Section 190 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004
191: Authority to comply with policy directions
Section 191 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004
192: Performance agreement
Section 192 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004
193: Minister may determine content of agreement or amendment
Section 193 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004
194: Amendment of agreement
Section 194 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004
195: Service charter
Section 195 repealed 1 December 2004 section 11(1)(g) Land Transport Amendment Act 2004 Powers and additional functions of Authority and Director Heading repealed 1 December 2004 section 11(1)(h) Land Transport Amendment Act 2004
196: Authority to have powers of natural person
Section 196 repealed 1 December 2004 section 11(1)(h) Land Transport Amendment Act 2004
197: Functions and powers of Director
Section 197 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
198: Inspections and audits
1: The Director Director
2: The Director Director
3: For the purposes of any inspection or audit carried out in respect of any person under this section, the Director Director
4: A person to whom a requirement is made under this section must comply with that requirement. Section 198(1) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020 Section 198(2) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020 Section 198(3) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020
199: Agency
1: The Agency section 45
2: The national register must show for each driver licence the following information:
a: the holder's full name, address, gender, Agency
b: the number of the licence:
c: the original date of issue of the licence and the date of issue of the current licence:
d: the date of expiry of the licence:
e: the class or classes of vehicles to which the licence applies:
f: endorsements applying to the licence:
g: any conditions applying to the licence:
h: information about any order of disqualification made against the holder of the licence under this Act or any former enactment:
i: information about any court order under this Act or any former enactment authorising the issue of a limited licence to the holder (if the holder has been disqualified from holding or obtaining a driver licence):
ia: information about any court order under this Act authorising the issue of an alcohol interlock licence or zero alcohol licence to the holder:
j: information about any order removing a disqualification imposed on the holder under this Act or any former enactment:
k: information about any suspension of any licence held by the holder , including under any driver licence stop order,
l: information about any revocation or suspension of a driver licence entitling the holder to drive a transport service vehicle, or a prohibition placed on the holder from driving any such vehicle, under Part 4A
m: information about any order of disqualification made against the holder under section 83 or section 124
n: information about any revocation or suspension under this Act or any former enactment of any driver licence held by the holder:
na: information about any cancellation or termination of a driver licence stop order:
o: photographic images of the holder taken for the purposes of this Act:
p: information about demerit points recorded under this Act or any other enactment against the holder for any offence:
q: organ donor information about the holder.
3: The national register must also show information identifying whether a person
4: A person (being the licence holder or another person who obtains the consent of the licence holder) who applies to the Agency and pays the prescribed fee (if any), is entitled to information about the driver licence that is referred to in subsection (2)(b) or (p).
5: A
6: A person who applies to the Agency
a: any information specified in paragraph (d) or paragraph (e) of subsection (2):
b: any information specified in paragraphs (f) to (na) application
7: An application under any of subsections (4)
a: may be made in writing or electronically or orally; and
b: must describe the person named with sufficient particularity to enable the Agency
8: Information requested under any of subsections (4) to (6)
12: For the purposes of this section, driver licence 1986 No 6 s 45 Section 199 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(2)(a) amended 10 May 2011 section 90(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(2)(c) substituted 16 January 2006 section 82(1) Land Transport Amendment Act 2005 Section 199(2)(ia) inserted 10 May 2011 section 90(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(2)(k) amended 1 November 2013 section 17(1) Land Transport Amendment Act 2011 Section 199(2)(l) amended 1 October 2007 section 82(2) Land Transport Amendment Act 2005 Section 199(2)(m) amended 30 June 2002 section 186 Sentencing Act 2002 Section 199(2)(na) inserted 1 November 2013 section 17(2) Land Transport Amendment Act 2011 Section 199(3) amended 1 December 2009 section 35 Land Transport (Enforcement Powers) Amendment Act 2009 Section 199(4) substituted 10 May 2011 section 90(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 199(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(6)(b) amended 1 November 2013 section 17(3) Land Transport Amendment Act 2011 Section 199(6)(b) amended 16 January 2006 section 82(3) Land Transport Amendment Act 2005 Section 199(7) amended 16 January 2006 section 82(4) Land Transport Amendment Act 2005 Section 199(7)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(8) amended 16 January 2006 section 82(5) Land Transport Amendment Act 2005 Section 199(12) added 10 May 2011 section 90(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
199A: Register of transport service licences
1: The Agency section 29
2: The register must show for each licence the following information:
a: the holder's full name:
b: if the holder is a natural person, the holder's date of birth:
c: the holder's business or residential address:
d: the full name and address of any person in control:
e: the number of the licence:
f: the date of issue of the licence:
g: the class or classes of transport services to which the licence applies:
h: information about any operator safety rating, or other similar information, specified in the regulations or the rules:
i: any conditions applying to the licence:
j: information about any revocation, suspension, or surrender:
k: information about any order of disqualification made against the holder of the licence under this Act or any former enactment:
l: information about any order removing a disqualification imposed on the holder under this Act or any former enactment:
m: the dates of any amendments to the licence.
3:
4: A person who applies to the Agency
a: is, with the consent of the holder of the transport service licence named in the application, entitled to the information stored in the register in respect of the licence holder; but
b: is, without the consent of the holder of the transport service licence named in the application, entitled only to the information stored in the register in respect of the licence holder that is specified in subsection (2)(a) and (g) to (l).
5: An application under subsection (4)—
a: may be made in writing or electronically or orally; and
b: must describe the person named with sufficient particularity to enable the Agency
6: Information requested under subsection (4) may be given in writing or electronically or orally. 1989 No 74 s 29 Section 199A inserted 1 October 2007 section 83 Land Transport Amendment Act 2005 Section 199A(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199A(3) repealed 1 October 2017 section 88(1) Land Transport Amendment Act 2017 Section 199A(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199A(4)(b) replaced 1 October 2017 section 88(2) Land Transport Amendment Act 2017 Section 199A(5)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
200: Restrictions on access to photographic images of driver licence holders
1: No person other than a person acting in the course of the person’s official duties as an employee of the Agency may access or use any photographic image stored under section 28(5)
1A: Subsection (1) is subject to—
a: subsections (2), (3), and (4):
b: section 141
c: subpart 2
2: A person who is acting in the course of the person’s official duties as an employee of the Department of Internal Affairs may access or use any photographic image stored under section 28(5)
3: A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5)
a: on production to the Agency of—
i: a death certificate (within the meaning of section 4
ii: the grant of probate of the will of the individual or of letters of administration to the individual’s estate; and
b: only if the person who is seeking access to the photographic image satisfies the Agency that the person is the individual’s next of kin.
4: A person who is acting in the course of the person’s official duties as an employee of a specified agency may access or use any photographic image stored under section 28(5)
5: For the purposes of this section,— next of kin specified agency
a: the Department of Corrections:
b: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009
c: the Ministry of Justice:
d: the New Zealand Customs Service:
e: the New Zealand Police. Section 200 replaced 22 August 2017 section 41 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 200(1) replaced 28 September 2017 section 282 Intelligence and Security Act 2017 Section 200(1A) inserted 28 September 2017 section 282 Intelligence and Security Act 2017 Section 200(1A)(c) replaced 1 December 2020 section 217 Privacy Act 2020 Section 200(3)(a)(i) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Register of land transport records Heading inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200A: Interpretation
In sections 200B to 200O bylaw section 168AAA(3) register section 200E Registrar regulations section 167(1)(mf) section 168AAA Section 200A inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200B: Secondary legislation may require creation of land transport record
1: Secondary legislation made under a land transport Act may require or authorise a land transport record to be created for a decision or other thing made or done in accordance with that secondary legislation.
2: Subsection (1) applies only if the decision or other thing falls within a category of decisions or other things specified in regulations made for the purpose of section 168AAA(1)(a)
3: Nothing in subsection (1) limits any other power in a land transport Act in relation to secondary legislation. Section 200B inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200B(1) amended 1 April 2021 section 13 Regulatory Systems (Transport) Amendment Act 2021
200C: Land transport records must be created for certain bylaws
Section 200C repealed 1 April 2021 section 14 Regulatory Systems (Transport) Amendment Act 2021
200D: Land transport records may be created for certain bylaws
Section 200D repealed 1 April 2021 section 14 Regulatory Systems (Transport) Amendment Act 2021
200E: Register of land transport records
1: A register called the register of land transport records is established.
2: The Registrar must keep and operate the register in accordance with—
a: sections 200F to 200O
b: the regulations. Section 200E inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200F: Purpose of register
The purpose of the register is—
a: to provide conclusive evidence of a land transport record; and
b: to provide a public record of land transport records; and
c: to enable any person to access, or get copies of, land transport records; and
d: to assist or enable any person to perform or exercise the person’s functions, powers, or duties under this Act or any other land transport Act (for example, to commence proceedings against a person for exceeding a speed limit). Section 200F inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200F(a) replaced 1 April 2021 section 15 Regulatory Systems (Transport) Amendment Act 2021
200G: When Registrar must create land transport record
Section 200G repealed 1 April 2021 section 16 Regulatory Systems (Transport) Amendment Act 2021
200H: Date of effect
1: A land transport record has effect only on and from the day after it is created, unless any later date is specified in the record, in which case it has effect on and from that later date.
2: Section 200H inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200H heading amended 1 April 2021 section 17(1) Regulatory Systems (Transport) Amendment Act 2021 Section 200H(2) repealed 1 April 2021 section 17(2) Regulatory Systems (Transport) Amendment Act 2021
200I: Contents of register
1: The Registrar must record in the register the prescribed information for each land transport record.
2: The Registrar may record in the register any other information the Registrar considers appropriate. Section 200I inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200J: Operation, access, and search of register
1: The register may be kept in any manner that the Registrar thinks fit provided it permits the contents to be readily accessed or reproduced in usable form.
2: The register must be operated at all times unless—
a: the Registrar suspends its operation (in whole or in part)—
i: for maintenance purposes; or
ii: in response to technical difficulties; or
iii: to ensure the security or integrity of the register; or
b: the regulations prescribe otherwise.
3: Any person may access or search the register, or make copies of information in the register, except to the extent that—
a: the Registrar suspends its operation in accordance with subsection (2); or
b: the regulations provide otherwise. Section 200J inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200K: Amendments to register
1: The Registrar may amend the register if the Registrar is satisfied at any time that the register—
a: contains a typographical error or a mistake; or
b: omits information that is required or permitted to be included in the register.
2: The Registrar must amend the register—
a: if the regulations require the Registrar to do so; or
b: to give effect to an order or a direction of a court. Section 200K inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200L: Submitting information to Registrar
1: A person submitting information to the Registrar for the purpose of creating a land transport record must submit the following information:
a: information required by the regulations; and
b: any other information required by the Registrar.
2: For the purpose of subsection (1), the Registrar may—
a: specify how the person must submit the information:
b: require the person submitting the information to confirm that any legal requirements in relation to the decision or other thing have been satisfied (for example, that consultation has been properly undertaken). Section 200L inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200M: Registrar must notify person that record created
Once a land transport record is created, the Registrar must notify the person that submitted the information in relation to the record of that fact. Section 200M inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200N: Registrar may notify record or changes to register
1: The Registrar must inform the persons or class of persons prescribed in the regulations if the Registrar creates, amends,
2: The Registrar may also give notice of the following matters to any person or class of persons or to the public generally:
a: that a land transport record has been created:
b: that changes have been made to the register.
3: The Registrar may inform or give notice in any manner that the Registrar thinks fit. Section 200N inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200N(1) amended 1 April 2021 section 18 Regulatory Systems (Transport) Amendment Act 2021
200O: Evidentiary effect of information on register
1: Subsection (2) applies to a document that—
a: appears to be or to represent an image of a land transport record; and
b: does not appear to have been altered in any way.
2: Unless there is proof to the contrary, the document is conclusive evidence of the contents of the land transport record.
3: The Registrar must provide a copy, or a certified copy, of any information on the register to any person who applies for it and pays the prescribed fee or charge (if any).
4: A certified copy of information on the register purporting to be signed by the Registrar is conclusive evidence for all purposes that the information in the certified copy is entered in the register.
5: The copies referred to in subsections (3) and (4) may be provided in electronic form if the Registrar so determines. Section 200O replaced 1 April 2021 section 19 Regulatory Systems (Transport) Amendment Act 2021 Use of outside agencies in performance of functions Heading repealed 1 December 2004 section 11(1)(i) Land Transport Amendment Act 2004
201: Authority to consider delegating or contracting out of functions and powers
Section 201 repealed 1 December 2004 section 11(1)(i) Land Transport Amendment Act 2004
202: Authority may arrange for services to be provided by outside agencies
Section 202 repealed 1 December 2004 section 11(1)(j) Land Transport Amendment Act 2004 Delegations
203: Authority may delegate functions or powers to employees
Section 203 repealed 1 December 2004 section 11(1)(j) Land Transport Amendment Act 2004
204: Director may delegate functions or powers to employees of Authority
Section 204 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
205: Section 205 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
206: General provisions concerning delegations
under sections 204 and 205 Section 206 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
207: Delegation of Minister's functions or powers to
Agency or Director
1: The Minister may from time to time, either generally or particularly, delegate to the Agency or Director
2: A delegation under this section must be in writing.
3: No delegation under this section may include the power to delegate under this section.
4: The power of the Minister to delegate under this section—
a: is subject to section 160(8)
b: does not limit a power of delegation conferred on the Minister by any other Act.
5: Subject to any general or special directions given or conditions imposed by the Minister, the Agency or Director Agency or Director Agency or Director
6: If the Agency or Director Agency or Director
7: A delegation under this section does not affect or prevent the performance or exercise of any function or power by the Minister, nor does the delegation affect the responsibility of the appropriate Minister for the actions of a person acting under the delegation. 1993 No 88 s 26 Section 207 heading amended 1 April 2021 section 124(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(1) amended 1 April 2021 section 124(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(5) amended 1 April 2021 section 124(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(6) amended 1 April 2021 section 124(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
15: Miscellaneous provisions
208: Appointment of enforcement officers and dangerous goods enforcement officers
1: The Commissioner may, by warrant, appoint a person who is not a constable
a: an enforcement officer for the purposes of—
i: this Act:
ii: Part 2
iii: Part 5
iv: the Road User Charges Act 2012
b: a dangerous goods enforcement officer.
2: The Commissioner may, by warrant, appoint any constable
3: The Agency Agency
a: an enforcement officer for the purposes of—
i: any of Parts 4A 4B 6A 6B 13 sections 22B 22C 36B 113(2)(f) 113A 115 118(6) 124 128A 128B 135(1A) 138 139
ia: subpart 3
ii: Part 5
iii: any provision in the Land Transport Management Act 2003
b: a dangerous goods enforcement officer.
4: Only persons who, in the opinion of the Commissioner or the Agency
5: Each enforcement officer or dangerous goods enforcement officer appointed under this section is to be supplied by the Commissioner or the Agency
6: In specifying the functions of an enforcement officer or dangerous goods enforcement officer under this section, the Commissioner or the Agency
7: The Commissioner or the Agency the Commissioner or the Agency 1962 No 135 ss 6 70K Section 208(1) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 208(1)(a) substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 208(1)(a)(iii) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(1)(a)(iv) inserted 1 August 2012 section 94 Road User Charges Act 2012 Section 208(2) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 208(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(3)(a) substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 208(3)(a)(i) amended 23 February 2022 section 11 Land Transport (Clean Vehicles) Amendment Act 2022 Section 208(3)(a)(ia) inserted 27 June 2018 section 8(2) Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 208(3)(a)(ii) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(3)(a)(iii) inserted 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
208A: Agency is enforcement officer for certain infringement offences
For the purposes of issuing an infringement notice under section 139
a: the infringement offence to which the notice relates is a moving vehicle offence; and
b: the alleged offence was detected by approved vehicle surveillance equipment (whether the equipment is owned or operated by the Agency or some other person). Section 208A inserted 1 September 2020 section 125 Land Transport (NZTA) Legislation Amendment Act 2020
209: Taking of blood specimens for statistical or research purposes
1: Despite anything in any Act or rule of law, a health practitioner
a: may, with the general or special approval of that health authority, take for statistical or research purposes, whether in the hospital at which the practitioner or officer is employed or otherwise, a blood specimen from a person who the practitioner or officer believes is in the hospital at which the practitioner or officer is employed for examination, care, or treatment as a result of an accident involving a motor vehicle:
b: may, with the consent of a person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, oral fluid
2: A blood, breath, oral fluid
2A:
2B:
2C:
3: Subsections (5) and (6) of section 73 oral fluid
4: For the purposes of this section, a person acting judicially 1962 No 135 s 58J Section 209(1) amended 7 November 2018 section 20 Land Transport Amendment Act 2016 Section 209(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 209(1)(b) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(2) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(2) amended 1 August 2007 section 216 Evidence Act 2006 Section 209(2A) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(2B) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(2C) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(3) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(4) added 1 August 2007 section 216 Evidence Act 2006
209AA: Expiry and repeal of section 209(2A) to (2C)
Subsections (2A) to (2C) of section 209 OIC Land Transport Act 1998 Section 209AA inserted 7 August 2011 section 92 Land Transport (Road Safety and Other Matters) Amendment Act 2011
209A: Analysing
oral fluid or
1: A person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory—
a: an oral fluid sample taken from a person under any of sections 71A to 71C
b: a blood specimen from a person taken under section 72 73
2: Subsection (1) applies to any blood specimen taken under this Act before, during, or after it comes into force.
3: No analysis of an oral fluid sample or
4: An oral fluid sample or a blood specimen analysed or re-analysed under subsection (1) must be treated in a manner that does not identify the person from whom the oral fluid sample or blood specimen is taken.
5: Nothing in this section limits the purposes for which an oral fluid sample or a blood specimen may be analysed or re-analysed under this Act. Section 209A inserted 1 November 2009 section 26 Land Transport Amendment Act 2009 Section 209A heading amended 11 March 2023 section 39(1) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(1) replaced 11 March 2023 section 39(2) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(3) amended 11 March 2023 section 39(3) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(4) replaced 11 March 2023 section 39(4) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(5) inserted 11 March 2023 section 39(4) Land Transport (Drug Driving) Amendment Act 2022
210: Service of notices
1: A notice required to be given to a person for the purposes of this Act, or a request in writing under section 118 Transport (Vehicle and Driver Registration and Licensing) Act 1986
2: If any such notice or request is sent to a person by post, then, unless the contrary is shown, it is to be treated as having been delivered to him or her when it would have been delivered in the ordinary course of post, and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
3: This section does not apply to an infringement notice or a copy of the notice.
4:
5:
6:
7: 1962 No 135 s 192 2022-10-20 Land Transport Act 1998 Subsections 210(4) to (7) and the heading above subsection (4) are repealed (by section 210(7)) when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. this date is subject to change: Epidemic Preparedness (COVID-19) Notice 2020 (gazette notice 2020-go1368) That notice was renewed on 15 September 2022 and now expires on 20 October 2022 (Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022) (https://gazette.govt.nz/notice/id/2022-sl3849), UNLESS an earlier expiry date is notified; or the notice is further renewed (under section 7 of the Epidemic Preparedness Act 2006). Section 210(4) heading repealed 20 October 2022 section 210(7) Section 210(4) repealed 20 October 2022 section 210(7) Section 210(5) repealed 20 October 2022 section 210(7) Section 210(6) repealed 20 October 2022 section 210(7) Section 210(7) repealed 20 October 2022 section 210(7)
210A: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Act to a territorial authority under section 17
2: A territorial authority may transfer 1 or more of its responsibilities under this Act to a regional council under section 17
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17
b: any powers associated with the responsibility, duty, or legal obligation. Section 210A inserted 22 October 2019 section 38 Local Government Act 2002 Amendment Act 2019
211: Commissioner to provide traffic accident reports
1: A person may apply to the Commissioner for a copy of any traffic accident report and is, on payment of the prescribed fee (if any), entitled to obtain a copy of the report.
2: The Commissioner may delete or omit from a copy of a report required to be supplied under subsection (1) any information that may be withheld in accordance with the provisions of the Official Information Act 1982 Privacy Act 2020
a: the Commissioner must inform the applicant that information has been deleted or omitted from the copy of the report; and
b: the provisions of the Official Information Act 1982 Privacy Act 2020
3: The fee referred to in subsection (1) is, despite section 24(1) section 66
4: In this section, traffic accident report Police employee 1962 No 135 s 199A Section 211(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(2)(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(4) amended 1 October 2008 section 130(1) Policing Act 2008
211A: Payment of fees
All fees and other money (not being fines, infringement fees, or other penalties) received or recovered for the purposes of Part 4A Agency 1989 No 74 s 65 Section 211A inserted 1 October 2007 section 86 Land Transport Amendment Act 2005 Section 211A amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
212: Agency The Agency 1962 No 135 s 30B(3) Section 212 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 212 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
213: Customs control over imported vehicles
1: If a regulation or rule specifies requirements for motor vehicles imported into New Zealand, a motor vehicle imported into New Zealand must remain subject to the control of Customs until those requirements are complied with.
2: The importer is liable for any fees and charges payable in respect of a motor vehicle while it is subject to the control of Customs for the purposes of this section.
3: In subsection (1), regulation section 167B 167C Section 213(3) inserted 23 February 2022 section 12 Land Transport (Clean Vehicles) Amendment Act 2022
213A: Public right of way at level crossings
1: At a level crossing, the public right of way at the crossing—
a: ceases whenever a rail vehicle on the railway line is approaching and is within a distance of 800 m from the crossing; and
b: at all other times, extends only to the right of crossing the railway line with all convenient speed, but not to stopping or remaining on it.
2: In this section, level crossing section 4(1) Section 213A inserted 20 July 2005 section 103(3) Railways Act 2005
16: Repeals, amendments to other enactments, and transitional and savings provisions
214: Repeals
1: The enactments specified in Parts 1 to 3
2: The enactments specified in clauses 1 to 14 of Part 4 section 1(3) OIC section 52A section 53 section 70AA section 74A section 78 section 78A section 199B(7) Schedule 2 Schedule 2A Land Transport Amendment Act 1997
3: Section 214(3) repealed 10 May 2011 section 94 Land Transport (Road Safety and Other Matters) Amendment Act 2011
215: Amendments to other enactments
1: The enactments specified in Schedule 3
2: The Transport Act 1962 Parts 1 2 5 7 8 9 10 Schedule 4
216: Transitional regulations
1: Without limiting the powers conferred by section 167
a: prescribing transitional and savings provisions concerning the coming into force of this Act, which may be in addition to or in place of the transitional and savings provisions of this Part:
b: to facilitate the bringing into force of any rules under this Act; and to remove any inconsistency between regulations or orders made under the Transport Act 1962
c: providing that subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meanings given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act are to continue to apply:
d: prescribing matters that would otherwise be covered by rules made under section 158
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 216(1)(b) amended 29 June 2009 section 28 Land Transport Amendment Act 2009 Section 216(1)(d) added 22 June 2005 section 88 Land Transport Amendment Act 2005 Section 216(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
217: Expiry of section 216
Section 217 repealed 29 June 2009 section 29 Land Transport Amendment Act 2009
218: Regulations and other enactments having effect under this Act
1: The following regulations are to be treated as regulations made under this Act:
a: the Goods Service Vehicle (Constructional) Regulations 1936
b: the Transport (Vehicular Traffic Road Closure) Regulations 1965
c: the Heavy Motor Vehicle Regulations 1974
d: the Traffic Regulations 1976
e:
f:
g:
h:
i:
j:
2: The following notices are to be treated as notices under section 2 section 115
a:
b: the Transport (Breath Tests) Notice (No 2) 1989
c:
d:
e: the Transport (Approved Vehicle Surveillance Equipment) Notice 1994
f:
g: the Transport (Measurement of Weight) Notice 1997
3: The enactments specified in subsection (1) or subsection (2), which were made under the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 section 214
4: Every regulation prescribing or providing for the fixing of fees and charges under the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 Transport Services Licensing Act 1989 Government Roading Powers Act 1989 section 167 Section 218(1)(e) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)(f) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)(g) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)(h) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)(i) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)(j) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(2)(a) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)(c) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)(d) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)(f) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(4) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 218(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
219: Expiry of section 218
Section 219 repealed 29 June 2009 section 31 Land Transport Amendment Act 2009
220: Rules having effect under this Act
All rules made under Part 2 of the Land Transport Act 1993 and in force immediately before the commencement of this section, and all rules made under that Part of that Act that are expressed to come into force on or after the commencement of this section, are to be treated as rules made under this Act.
221: Appointments
1:
2: The warrants of traffic officers appointed under the Transport Act 1962
3: Every member of the Board of the Agency section 184
4: Every member of a regional land transport committee who holds office as such immediately before the commencement of section 178
5: Every person who, immediately before the commencement of this section, held office as a hazardous substances enforcement officer under section 70K section 208 Section 221(1) repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 221(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
222: Saving of certain land transport documents
1: All certificates, permits, licences, warrants of fitness, exemptions, notices, and other documents issued under the Transport Act 1962
2: Section 222(2) repealed 1 April 2021 section 20 Regulatory Systems (Transport) Amendment Act 2021
223: Transfer provisions for certain employees of
1: This section applies to any person (the transferee
a: as an employee of the Agency
i: the administration of motor vehicle registration and licensing under Part 1 Part 2
ii: the administration or enforcement of road user charges under the Road User Charges Act 1977 or Part 2
iii: the administration of fuel excise duty refunds under Part 5 Government Roading Powers Act 1989
iv: the collection of revenue under the Road User Charges Act 1977 Part 1 Government Roading Powers Act 1989
b: becomes or is offered the opportunity to become an employee or director of—
i: any department or other part of the State services (as defined in section 2
ii: any company, partnership, or person— to which the responsibility for any of the matters specified in paragraph (a) has been or is delegated, contracted, or otherwise transferred (the employer
2: No transferee is entitled to any payment, benefit, or compensation, whether for redundancy or otherwise, by reason only of the transferee ceasing to be employed by the Agency
a: the transferee has been or is offered terms and conditions of employment that are similar in overall effect to those of the transferee with the Agency
b: the employer has agreed to treat the transferee's service with the Agency
c: the duties of the transferee are similar in overall effect to those of the transferee with the Agency
3: Any transferee who, immediately before the transfer, was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956
4: Subject to the Government Superannuation Fund Act 1956
5: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Section 223 heading amended 10 May 2011 section 93 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 223 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)(a)(ii) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 223(1)(a)(iii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)(a)(iv) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
224: Saving of certain notices issued by enforcement officers
A notice issued under subsection (2) or subsection (2A) of section 68B of the Transport Act 1962 section 115
224A: Saving of certain directions given by parking wardens
A direction under section 68BA(2) section 128E Section 224A inserted 10 May 2011 section 95 Land Transport (Road Safety and Other Matters) Amendment Act 2011
224B: Savings of bylaws made under certain Acts
A bylaw made under the Local Government Act 1974 Transport Act 1962 section 22AB Section 224B inserted 10 May 2011 section 95 Land Transport (Road Safety and Other Matters) Amendment Act 2011
225: Savings relating to court orders, proceedings, etc
1: A proceeding, action, or investigation commenced under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
2: A certificate given or evidence produced under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
3: A limited licence issued under section 38 section 105
4: A court order made under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
5: In any proceeding, action, or investigation to which subsection (1) applies, service of any document that was effected before the commencement of this section and in accordance with the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
226: Saving of notices suspending driver licences
A notice given under section 48 section 90
227: Saving of demerit points
The number of demerit points recorded under section 44 section 88
228: Saving of certain applications under Transport Act 1962
An application pending under any provision of the Transport Act 1962
229: Savings relating to rules and land transport strategies
1: Any action taken by or on behalf of the Minister before the commencement of this section under section 10(1) of the Land Transport Act 1993 section 161(2)
2: Any action taken by or on behalf of the Minister before the commencement of this section under section 29B of the Land Transport Act 1993 section 171
3: Any national land transport strategy and regional land transport strategy in force under Part 3A of the Land Transport Act 1993 Part 13
230: Savings relating to functions of
Agency
1: The notice published in the Gazette section 17(2) of the Land Transport Act 1993 Agency section 190(2)
2: The Authority's performance agreement under section 21 of the Land Transport Act 1993 sections 192 to 194
3: The Authority's service charter under section 22 of the Land Transport Act 1993 section 195 Section 230 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 230(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
231: Savings relating to blood specimens taken under Transport Act 1962
1: This section applies to blood specimens taken under section 58C section 58D
2: A blood specimen to which this section applies may be analysed or the analysis of that blood specimen may be completed (as the case requires) under this Act by any approved analyst.
3: A certificate of the kind referred to in section 75(5)
4: No analysis under this Act of a blood specimen to which this section applies, and no certificate issued under this Act in respect of such a blood specimen, is invalid on the ground—
a: that the blood specimen was delivered or posted before the commencement of this section and was addressed to a ministry analyst (within the meaning of the Transport Act 1962
b: that the analysis was done or completed, or the certificate was issued, by an approved analyst who was not the ministry analyst to whom the blood specimen was delivered or posted, in accordance with subsection (3) or subsection (4) of section 58F
c: that the person who carried out or completed the analysis or issued the certificate is an approved analyst, regardless of whether or not that person was a ministry analyst (within the meaning of the Transport Act 1962
5: If any person makes an application under section 74
a: the approved analyst who for the time being has custody of the blood specimen is deemed, for the purposes of section 74(5)
b: the approved analyst having such custody may give a certificate of the kind referred to in section 75(6) Transport Act 1962
6: Where a certificate of the kind referred to in section 58G(1)(d) section 75
7: Section 58G(1) Transport Act 1962
232: Savings relating to blood specimens taken under this Act and posted in accordance with Transport Act 1962
1: This section applies to a blood specimen if that blood specimen—
a: is taken under section 72 section 73 Transport Act 1962
b: is received by an approved analyst (or person employed by an approved laboratory and approved for the purpose by an approved analyst).
2: Sections 74 75
a: that blood specimen had been delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) in a package properly addressed to the approved analyst; and
b: that approved analyst is deemed to be the approved analyst notified under section 74(4)(b)
c: any certificate of the kind referred to in section 75(4) Transport Act 1962 section 74
17: Motor vehicle registration and licensing
Part 17 added 29 June 2009 section 32(1) Land Transport Amendment Act 2009 Preliminary provisions Heading added 29 June 2009 section 32(1) Land Transport Amendment Act 2009
233: Interpretation matters applying to this Part
1: In this Part, unless the context otherwise requires,— accident insurance levy section 214 Accident enforcement authority
a: the New Zealand Police:
b: the Agency or the Director, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency or the Director:
c: a local authority, if an infringement notice is issued by an employee of the local authority or by a person acting on behalf of the local authority:
d: the Registrar motor vehicle (synthetic greenhouse gas) levy section 227(1)(a) ordinary plate personal information personalised plate section 259 prescribed fees prescribed fee section 270(5) registered person Registrar
a: any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Part:
b: any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Part registration plate
a: means a plate issued under—
i: this Part; or
ii: the Transport Act 1962
iii: the Transport (Vehicle and Driver Registration and Licensing) Act 1986
b: includes ordinary plates, supplementary plates, personalised plates, and trade plates sale sell, seller, acquirer purchaser supplementary plate tractor trade plate under section 261 trailer
a: a sidecar attached to a motorcycle; or
b: a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.
2: Except in proceedings for an offence against this Part or regulations made under this Part, a question as to whether a motor vehicle is of a particular design or type for the purposes of this Part or of regulations made under this Part must be determined by the Registrar. 1986 No 6 s 2 Section 233 added 29 June 2009 section 32(1) Land Transport Amendment Act 2009 Section 233(1) accident insurance levy amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 233(1) enforcement authority replaced 1 April 2021 section 126 Land Transport (NZTA) Legislation Amendment Act 2020 Section 233(1) moped repealed 10 May 2011 section 96(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 233(1) motor vehicle (synthetic greenhouse gas) levy inserted 1 January 2013 section 103 Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 Section 233(1) motorcycle repealed 10 May 2011 section 96(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 233(1) trade plate amended 28 October 2021 section 3 Secondary Legislation Act 2021 Register of motor vehicles Heading inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
234: Register of motor vehicles
1: The Registrar must continue and maintain the register of all motor vehicles for which registration plates are issued.
2: In any proceedings, the contents of the register are proved by the production of a certificate indicating its contents if signed by the Registrar or a person acting under a delegation from—
a: the Registrar; or
b: an enforcement authority. 1986 No 6 s 18 Section 234 inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
235: Purposes of register
The purposes of the register are to facilitate—
a: enforcement of the law:
b: maintenance of the security of New Zealand:
c: collection of charges imposed or authorised by an enactment:
d: administration and development of transport law and policy. Section 235 inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
236: Application for information from register
1: Any person may apply to the Registrar, in relation to a specified motor vehicle, for—
a: access to the following information from the register:
i: information on that motor vehicle:
ii: personal information:
b: confirmation that certain information matches personal information on the register, as provided for in section 238
2: The application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
3: The person who receives the application must make and keep, in the form provided by the Registrar for the purpose, a record of the application and of the information supplied. 1986 No 6 s 19(1) Section 236 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
237: Entitlement to receive information
1: A person who applies for information under section 236
2: However, the Registrar may not disclose personal information about an individual unless the Registrar is satisfied that—
a: the person applying for the information is that individual; or
b: the information is required for a purpose specified in section 235
c: the information is within the exception specified in section 241
d: the information may be disclosed under an enactment.
3: Information from the register must not be supplied unless—
a: the prescribed fee is paid; or
b: the Registrar is satisfied that satisfactory arrangements have been made for payment of that fee.
4: The Registrar must, at the request of an individual, supply to the individual—
a: the name of any person to whom personal information about the individual has been disclosed under—
i: subsection (2)(c); or
ii: subsection (2)(d), but only if the enactment in question was the Official Information Act 1982 Privacy Act 2020
b: the purpose of any such disclosure. 1986 No 6 s 19(1), (3) Section 237 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009 Section 237(4)(a)(ii) amended 1 December 2020 section 217 Privacy Act 2020
238: Registrar may confirm or deny match of information
1: If an application is made under section 236(1)(b)
2: To avoid doubt, the Registrar—
a: may use associated data provided by the applicant such as (in the case of an individual) the date of birth or driver licence number for the purpose of confirming or denying that a specified person is registered in respect of a specified motor vehicle; but
b: may only confirm or deny, as permitted by subsection (1). Section 238 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
239: Further restrictions
1: Despite section 237
2: The Registrar may grant confidential status in respect of a specified motor vehicle if the Registrar certifies that the supply of personal information or information on that motor vehicle would be likely to prejudice—
a: the security or defence of New Zealand:
b: the international relations of the Government of New Zealand:
c: the maintenance of the law, including the detection, investigation, and prevention of offences:
d: the right to a fair trial of any person:
e: the privacy or personal safety of any person.
3: The Registrar must decline to supply personal information or information on a motor vehicle if the Registrar has granted confidential status under subsection (2).
4: Despite subsection (3), information from the register—
a: may be supplied for the purposes set out in section 235(a) to (c)
b: must be released if disclosure is—
i: required by another enactment; or
ii: to the Police at the request of the Commissioner of Police; or
iii: to the Agency, if necessary for the administration of the clean vehicle discount scheme.
5: In considering under subsection (4)(a) whether to approve a supply of information, the Registrar must—
a: consult any agency that provided advice in support of the granting of confidential status in respect of the vehicle or vehicles to which the information relates; and
b: have regard to the reasons for which that status was granted. 1986 No 6 s 19(4) Section 239 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009 Section 239(4)(b)(iii) inserted 23 February 2022 section 13 Land Transport (Clean Vehicles) Amendment Act 2022
240: Complaints procedure
1: Complaints may be made to the Attorney-General against a decision of the Registrar made under section 239(1) or (2)
2: The Attorney-General may investigate a complaint and either—
a: confirm the decision of the Registrar that was the subject of the complaint; or
b: if the Attorney-General considers that the complaint is valid, reverse the Registrar’s decision. 1986 No 6 s 19(5A) Section 240 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
241: Authorised access to name and address only
1: After consulting with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police, the Secretary may, by notice in the Gazette
a: for specified purposes (in addition to the purposes recognised by section 235
b: on conditions that the Secretary thinks fit; and
c: for a specified event or specified period of time not exceeding 5 years.
2: The Secretary may, as he or she thinks fit, cancel or amend by notice in the Gazette
3: An application for authorisation under subsection (1) must be—
a: made to the Secretary in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
4: The Secretary must decide whether to approve the application, and must inform the applicant of his or her decision, within a reasonable time after receiving the information reasonably required by him or her to make the decision.
5: The Secretary may refuse to consider the application if the Secretary believes that it is vexatious or frivolous.
6: The Registrar may withhold the names and addresses of registered persons from a person authorised by a notice published under subsection (1) until the Registrar is satisfied that—
a: the names and addresses will be—
i: kept secure by that person and his or her agents, if any; and
ii: used only for the purpose specified in the notice published under subsection (1); and
b: provision of the names and addresses will not compromise the purpose of any confidential status granted under section 239
c: any conditions specified in that notice will be complied with.
7: An authorisation under subsection (1) does not authorise any person or class of person to have access to the names and addresses of persons—
a: who were previously registered in respect of motor vehicles; or
b: who have notified the Registrar, in accordance with any regulations made under this Part, that they do not wish to have their names and addresses made available under subsection (1). Section 241 added 29 June 2009 section 32(4) Land Transport Amendment Act 2009 Registration and licensing requirements Heading inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
242: Motor vehicles must be registered and licensed
1: A motor vehicle must not be operated on a road unless the motor vehicle—
a: is registered and licensed in accordance with this Part; and
b: has affixed to it and displayed in the manner prescribed by regulations made under this Part the registration plates issued for it; and
c: has displayed in the manner prescribed by regulations made under this Part a current licence issued for it and appropriate for its use under section 244
2: The person registered in respect of a motor vehicle in accordance with this Part must—
a: keep the motor vehicle licensed at all times in accordance with this Part; and
b: ensure that the prescribed fees and accident insurance levies are paid for the time that the motor vehicle is required to be licensed (whether or not it is actually licensed).
3: Subsections (1) and (2) do not override any provisions of this Part or of regulations made under this Part that provide expressly for a motor vehicle to be operated on a road otherwise than in accordance with subsections (1) and (2).
4: A motor vehicle that is a registered motor vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 1986 No 6 s 5(1) Section 242 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Section 242(1)(b) replaced 11 August 2017 section 100 Land Transport Amendment Act 2017 Section 242(1)(c) inserted 11 August 2017 section 100 Land Transport Amendment Act 2017
243: Application for registration
1: An application for registration of a motor vehicle must be—
a: made by or on behalf of the owner to the Registrar in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: an application for a licence for the motor vehicle.
1A: An application for registration of a motor vehicle must also be accompanied by the amount of the motor vehicle (synthetic greenhouse gas) levy for the motor vehicle if required under section 227(1)(a)
1B: An application for registration of a motor vehicle must also be accompanied by the amount of any fees or charges prescribed under section 167(1)(j) section 167A
2: The only persons who may be registered in respect of motor vehicles are—
a: a natural person of or over 15 years of age; or
b: a body corporate; or
c: an agent of the Executive Government of New Zealand.
3: If more than 1 person owns a motor vehicle, only 1 of them may be registered in respect of that vehicle at any given time.
4: Unless the registration is cancelled under this Part, the registration of a motor vehicle continues in force without renewal.
5: In relation to a vehicle treated by virtue of section 242(4)
a: the person registered as the owner of the vehicle immediately before the commencement of this section is to be treated as being registered in respect of the vehicle under this Part; and
b: if there is more than 1 such person, each of them is to be treated as being so registered (accordingly, subsection (3) does not apply until there is to be a change of registered person). 1986 No 6 ss 6A 7(1) 8(2) 22(3) Section 243 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Section 243(1A) inserted 1 January 2013 section 103 Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 Section 243(1B) inserted 23 February 2022 section 14 Land Transport (Clean Vehicles) Amendment Act 2022
244: Application for, and issuing of, licence
1: An application for a licence for a motor vehicle must be made to the Registrar by or on behalf of the person registered (or to be registered) in respect of the vehicle in accordance with any regulations made under this Part.
2: As soon as practicable after receiving a completed application under subsection (1), together with the prescribed fees and accident insurance levies, the Registrar must, if satisfied that the application is in order, issue the appropriate licence for the motor vehicle—
a: in accordance with any regulations made under this Part; and
b: for a licensing period specified in any regulations made under this Part.
3: A licence must not be issued for a motor vehicle that is not registered in accordance with section 242
4: In relation to a vehicle treated by virtue of section 242(4) Transport (Vehicle and Driver Registration and Licensing) Act 1986 1986 No 6 ss 10(1), (2) 13(1)–(3) Section 244 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
245: Commencement of licence
Except as otherwise prescribed by regulations made under this Part, a licence commences,—
a: in the case of a newly registered motor vehicle, on the day of its registration; or
b: on the day after the expiry of the previous licence. Section 245 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
246: Change of use of motor vehicle
1: If a motor vehicle is to be used for a purpose other than that indicated by the existing licence, the person registered in respect of the motor vehicle must, without delay, apply for the appropriate new licence.
2: The issue of a new licence must be in accordance with regulations made under this Part. 1986 No 6 s 16(1) Section 246 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Change of registered person on sale or other disposition Heading inserted 1 May 2011 section 32(6) Land Transport Amendment Act 2009
247: Obligations of sellers and acquirers of motor vehicles
1: After the sale of a registered motor vehicle,—
a: the person registered in respect of the vehicle at the time of sale must, without delay, notify the Registrar of the particulars required by any regulations made under this Part; and
b: the person who acquires a motor vehicle must, without delay, notify the Registrar of the particulars required by any regulations made under this Part.
2: A person must, without delay, notify the Registrar of the particulars required by any regulations made under this Part, if that person acquires a motor vehicle—
a: by means other than the sale of that vehicle; and
b: in a manner specified in any regulations made under this Part.
3: A notification required by this section must be made in accordance with any regulations made under this Part. Section 247 inserted 1 May 2011 section 32(6) Land Transport Amendment Act 2009
248: Prohibition against use of motor vehicle
1: This section applies if an enforcement officer or a parking warden believes on reasonable grounds that—
a: a person driving a motor vehicle on a road has committed an offence in relation to which an officer or warden has enforcement powers under this Act or another enactment; and
b: the motor vehicle is not registered under this Part in the name of the current owner of the motor vehicle or with the current address of that person.
2: The enforcement officer or parking warden may give to the driver or owner of the motor vehicle, if present, or affix or cause to be affixed to the motor vehicle, a notice in the form approved by the Registrar for the purpose directing that the motor vehicle—
a: be removed from the road immediately; and
b: not be driven on a road for as long as the notice is in force in accordance with subsection (3).
3: A notice given under subsection (2)—
a: comes into effect at 11.59 pm on the working day after the day when the notice is issued (unless the name and current address of the owner are registered before that time); and
b: remains in force until the motor vehicle has been registered in the name and current address of the owner.
4: Where more than 1 person owns a motor vehicle, reference in this section to the owner is to any 1 of those persons. Section 248 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
249: Circumstances when motor vehicle may be seized and impounded
1: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle if the enforcement officer believes on reasonable grounds that a person has driven the motor vehicle on a road while a notice given under section 248(2)
2: If a motor vehicle is seized and impounded under subsection (1), the enforcement officer must issue to the driver of the motor vehicle, if present, and to the storage provider, copies of a notice in the form approved by the Registrar for the purpose that—
a: acknowledges that the specified motor vehicle has been seized and impounded; and
b: sets out the following matters (if the particulars are reasonably ascertainable):
i: the name and address of the driver; and
ii: the year and make of the motor vehicle, and the details of its registration plates or vehicle identification number; and
iii: the date and time of the seizure; and
iv: the place where the motor vehicle is, or is to be, impounded; and
v: an outline of the driver's rights of appeal under section 267 Section 249 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
250: Personal property
Personal property (other than property attached to or used in connection with the operation of the motor vehicle) present in a motor vehicle at the time of its seizure and impoundment under section 249
a: on request made at the time of the seizure, to a person who produces satisfactory evidence that he or she was lawfully entitled to possess the motor vehicle or the personal property immediately before the motor vehicle was seized and impounded; or
b: subsequently, to—
i: the owner of the personal property; or
ii: a person acting on behalf of the owner of the personal property, if the person produces satisfactory evidence of the owner’s consent to the property being released to that person. Section 250 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
251: Storage of impounded motor vehicles
1: A motor vehicle seized and impounded under section 249
2: The owner of the impounded motor vehicle is liable for the fees and charges incurred for towage and storage.
3: The local authority or storage provider, as the case may be, is entitled to recover the due fees and charges from the owner of the motor vehicle.
4: Subsections (2) and (3) do not limit or affect any rights that may be exercised by the vehicle recovery service operator, the storage provider, or the local authority against the owner of the motor vehicle, or in respect of the motor vehicle.
5: No person may remove or release an impounded motor vehicle from storage, unless that is permitted under this Act.
6: For the purpose of this section, the Commissioner, a person authorised for the purpose by the Commissioner, or a local authority may, as that person thinks necessary, enter into appropriate arrangements with vehicle recovery service operators and storage providers. Section 251 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
252: Release of motor vehicle
1: The owner of a motor vehicle that has been seized and impounded under section 249
a: showing to an enforcement officer—
i: proof of the owner’s identity and either—
A: the certificate of registration of the motor vehicle in the name of that owner; or
B: proof that the owner has supplied to the Registrar the details required under section 247(1)
ii: proof that no fines for which an owner is liable, and that were incurred while the owner owned the motor vehicle, are in default; and
b: paying the towage and storage fees and charges.
2: The storage provider must release the motor vehicle as soon as practicable after the requirements of subsection (1) have been satisfied.
3: An enforcement officer must order the release of an impounded motor vehicle to the owner of the motor vehicle, or a person authorised for the purpose by the owner, as soon as practicable after receiving evidence that the motor vehicle was registered in the name of that owner and with the current address of that owner, at the time of its impoundment.
4: The owner of a motor vehicle released under subsection (3) is not liable to pay the fees and charges for towing and storing the motor vehicle. Section 252 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
253: Disposal of motor vehicle
1: This section applies to a motor vehicle seized and impounded under section 249
2: The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5), as appropriate.
3: A storage provider that is not a local authority may—
a: apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2); and
b: with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.
4: If approval is given under subsection (3) for the disposal of a motor vehicle, the storage provider becomes the owner of the motor vehicle for all purposes.
5: A storage provider that is a local authority may dispose of a motor vehicle under subsection (2) in accordance with section 356A(7)
6: However, before disposing of a motor vehicle under subsection (3) or (5), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6), security interest section 17 Section 253 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
254: Impounded motor vehicle not to be damaged
1: This section applies to a person authorised by an enforcement officer to—
a: enter a motor vehicle for the purpose of moving it or preparing it for movement; or
b: impound a motor vehicle.
2: The person referred to in subsection (1) must do everything reasonably necessary to ensure that the motor vehicle and personal property in or on the motor vehicle are not damaged. Section 254 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009 Cancellation of registration Heading inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009
255: Cancellation of registration
The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part. Section 255 inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009
256: Discretion to refund fees
1: This section applies if—
a: the Registrar cancels the registration of a motor vehicle under section 255
b: a person surrenders a trade plate before the expiry of that plate and the Registrar considers it appropriate to exercise the power specified in subsection (2).
2: If this section applies, the Registrar may, without further authority than this section, refund or cause to be refunded out of a Crown Bank Account an amount equal to the amount of the—
a: licence fee paid for the period for which registration is cancelled:
b: trade plate fee paid for the period for which the trade plate is surrendered. 1986 No 6 s 27(2) Section 256 inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009 Registration plates Heading inserted 1 May 2011 section 32(9) Land Transport Amendment Act 2009
257: Issue of plates and certificates of registration
1: The Registrar must, if satisfied that an application for registration of a motor vehicle made in accordance with regulations made under this Part is in order,—
a: in the case of ordinary plates,—
i: assign numbers, letters, a distinguishing mark, or a combination of any of these for the ordinary plates that are to be affixed to the motor vehicle; and
ii: issue to the applicant an ordinary plate or plates for the motor vehicle; and
b: in the case of personalised plates, issue the unique numbers, letters, distinguishing marks, or combination of any of these assigned for use on the plates that are to be affixed to the motor vehicle; and
c: issue a certificate of registration for the motor vehicle.
2: A new number or distinguishing mark may be assigned to the motor vehicle if new ordinary plates are issued for it.
3: Ordinary plates issued under this section must be displayed on the motor vehicle unless personalised plates or trade plates are displayed in accordance with this Part or regulations made under this Part.
4: A person to whom registration plates are issued under this section must, at the discretion of the Registrar, surrender any existing registration plates for that motor vehicle to the Registrar. 1986 No 6 s 8(1)–(3) Section 257 inserted 1 May 2011 section 32(9) Land Transport Amendment Act 2009
258: Supplementary plates
1: A registered person may apply to the Registrar for supplementary plates in accordance with any regulations made under this Part.
2: Supplementary plates must be issued and displayed in accordance with any such regulations. Section 258 inserted 1 May 2011 section 32(10) Land Transport Amendment Act 2009
259: Contract to dispose of rights to personalised plates
1: The Registrar may, after consulting with the Minister, enter into a contract to authorise a person to sell or otherwise dispose of the exclusive right to 1 or more letters or numbers, or a combination of both, allocated in accordance with regulations made under this Part for use on personalised plates.
2: Nothing in subsection (1) limits the number of contracts that may be in force under this section at any given time (whether in respect of the same or different letters or numbers or combinations of both).
3: A contract that was entered into under section 9
4: A contract entered into (or deemed to have been entered into) under this section may be terminated by either party on giving reasonable notice to the other party, despite anything to the contrary in the contract or elsewhere.
5: If no contract is in force under this section in respect of particular letters or numbers or combinations of both, the Registrar is the person entitled to sell or dispose of the exclusive right to those letters or numbers or combinations of both for use on personalised plates. 1986 No 6 s 9(2) Section 259 inserted 1 May 2011 section 32(11) Land Transport Amendment Act 2009
260: Acquisition and disposal of personalised plates
1: A person who wishes to purchase or otherwise acquire personalised plates, or the exclusive right specified in section 259
a: apply to the authorised person referred to in section 259
i: to purchase the exclusive right specified in section 259
ii: to convert the existing registration plates of a motor vehicle to personalised plates bearing the same combination of letters and numbers as the existing plates; or
b: purchase that exclusive right on the open market, whether or not the personalised plates have been manufactured.
2: A person who purchases or otherwise acquires personalised plates, or the exclusive right specified in section 259
a: sell or otherwise dispose of them to any other person; or
b: transfer them between motor vehicles owned by that person; or
c: surrender them for ordinary plates.
3: Despite anything in subsections (1) and (2), a person transferring, selling, disposing of, acquiring, or surrendering personalised plates must transfer, sell, dispose of, acquire, or surrender the plates in accordance with any regulations made under this Part.
4: Personalised plates must be issued in accordance with any regulations made under this Part. 1986 No 6 ss 9A 9B 9C Section 260 inserted 1 May 2011 section 32(11) Land Transport Amendment Act 2009
261: Eligibility for trade plates
1: The Minister may, by notice
a: declare the persons or classes of persons who are eligible to apply for and receive trade plates; and
b: prescribe the purpose for which trade plates may be used; and
c: remove the eligibility of persons or classes of persons to apply for and receive or to use trade plates.
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 261 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009 Section 261(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 261(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
262: Application for trade plates
1: A person who is, or who is within a class of persons, eligible to receive trade plates may apply to the Registrar for trade plates.
2: An application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: the accident insurance levy.
3: Trade plates must be issued and used in accordance with any regulations made under this Part. 1986 No 6 s 30(2), (3) Section 262 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009
263: Transitional provision for existing registration plates
Registration plates issued under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding Act are to be treated as registration plates issued under this Part. Section 263 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009 General provisions relating to registration and licensing Heading inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
264: Replacement of certificate of registration, licence, or registration plates
1: If the certificate of registration, licence, or registration plates for a motor vehicle have been lost, stolen, damaged, or destroyed, the registered person may, in accordance with any regulations made under this Part, apply for a replacement or duplicate of the certificate of registration, licence, or registration plates.
2: The Registrar may, if satisfied that subsection (1) applies and that the application is complete, issue (in accordance with any regulations made under this Part) a replacement or duplicate of the certificate of registration, licence, or registration plates.
3: In the case of registration plates,—
a: the replacement or duplicate must have the same letters, numbers, distinguishing marks or combination of letters, numbers or distinguishing marks as were assigned to the plates that were lost, stolen, damaged, or destroyed; but
b: nothing in this section requires the Registrar to issue an exact replica of those plates (for example, in terms of colour, format, font, or size). Section 264 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
265: Surrender and seizure of registration plates and facsimile plates
1: The Registrar may order the surrender of—
a: any registration plates if the Registrar is satisfied that the plates—
i: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
ii: being ordinary plates, are not affixed to a motor vehicle; or
iii: have been issued in error or are being used (or are likely to be used) unlawfully; or
b: personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or
c: facsimile plates.
2: An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—
a: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
b: being ordinary plates, are not affixed to a motor vehicle; or
c: have been issued in error or are being used (or are likely to be used) unlawfully; or
d: have been ordered by the Registrar to be surrendered under subsection (1) or in accordance with any regulations.
3: An enforcement officer may seize and destroy any facsimile plates.
4: For the purposes of subsections (1)(c) and (3), facsimile plate 1986 No 6 ss 8(4) 9D(3) Section 265 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
266: Registrar may prohibit or decline to issue plates
The Registrar may, in accordance with regulations made under this Part,—
a: prohibit the use of certain numbers, letters, or combinations of numbers or letters on personalised plates:
b: decline to issue supplementary plates:
c: decline to issue trade plates. Section 266 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
267: Appeal to District Court
1: A person may appeal to the District Court
a: is a person in respect of whom the decision was made; and
b: is dissatisfied with the decision.
2: The Court may confirm, reverse, or modify the specified decision appealed against.
3: Every specified decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with this Part on the ground that an appeal is pending.
4: For the purposes of this section, a specified decision
a: seize and impound a motor vehicle under section 249
b: refuse to issue a supplementary plate or a trade plate in accordance with regulations made under this Part:
c: require the surrender of ordinary plates, personalised plates, supplementary plates, or trade plates in accordance with section 265
d: seize plates under section 265(2) Section 267 inserted 1 May 2011 section 32(14) Land Transport Amendment Act 2009 Section 267(1) amended 1 March 2017 section 261 District Court Act 2016 Offences and penalties Heading inserted 1 May 2011 section 32(15) Land Transport Amendment Act 2009
268: Infringement offences
An enforcement authority may, in relation to infringement offences against regulations made under this Part, exercise the powers specified in sections 138 to 141 Section 268 inserted 1 May 2011 section 32(15) Land Transport Amendment Act 2009 Regulations Heading added 29 June 2009 section 32(16) Land Transport Amendment Act 2009
269: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing for—
i: the licensing and registration of motor vehicles, including (but not limited to)—
A: the requirements for eligibility:
B: cancellation:
C: correction of errors or inaccuracies:
D: cases where particulars need not be recorded on the register:
ii: the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—
A: a statutory declaration by the person to be registered in respect of a motor vehicle that the person is the owner of the motor vehicle:
B: evidence of a person's identity (such as a driver licence):
C: the certificate of registration for a motor vehicle:
D: a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:
E: a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:
F: evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:
iii: the manufacture, issuing, cancellation, refusal to issue, or surrender of registration plates:
iiia: the manufacture or production (including electronic production), issuing, cancellation, refusal to issue, or surrender of licences:
iv: the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:
b: exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—
i: any specified requirements of this Part or of regulations made under this Part:
ii: any prescribed fees:
c: imposing, or authorising the Registrar to impose, conditions in respect of—
i: the use of licences or registration plates:
ii: the operation of a registered motor vehicle on a road:
iii: any matter provided for in regulations made under this Part:
d: making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):
e: prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:
f: permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:
g: prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:
h: prescribing, or authorising the Registrar to prescribe, in relation to registration plates,—
i: the form, colour, and material of registration plates; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on registration plates; and
iii: the means to make registration plates easily visible; and
iv: the number of registration plates to be displayed and the position and manner in which they are to be displayed; and
v: the eligibility requirements for registration plates; and
vi: the duration of registration plates:
ha: prescribing, or authorising the Registrar to prescribe, in relation to licences,—
i: the form (including electronic form), colour, and material and design of licences; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences; and
iii: the means to make licences easily visible or electronically accessible; and
iv: the number of licences to be displayed and the position and manner (which may include electronic manner) in which licences are to be displayed; and
v: the eligibility requirements for licences and licence labels; and
vi: the duration of licences:
i: specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:
j: authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 247 section 247
k: specifying offences for the purposes of this Part:
l: specifying infringement offences for the purposes of this Part:
m: setting out defences to any offences specified under paragraph (k) or (l):
n: setting out the maximum penalty for each offence specified under paragraph (k), which,—
i: in the case of an individual, may be a fine not exceeding $10,000; and
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
o: setting the infringement fee for each offence specified under paragraph (l), which,—
i: in the case of an individual, may not exceed $2,000; and
ii: in the case of a body corporate, may not exceed $10,000:
p: prescribing fees or charges payable in respect of—
i: any application made, or other matter undertaken, under this Part:
ii: any transfer of personalised plates:
q: prescribing fees or charges to cover the costs of—
i: providing information from, or administrative services related to, the register:
ii: producing and issuing licences and registration plates:
iii: replacement certificates, licences, or registration plates:
r: identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003
s: providing for unpaid fees and charges to be recoverable as a debt due to the Crown:
sa: setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle:
t: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Without limiting the generality of subsection (1), regulations may—
a: define a class of motor vehicles by reference to—
i: the actual or intended motor vehicle usage:
ii: ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:
iii: loss of possession or control, whether because of theft or another specified reason:
b: provide that if a registered person applies for an exemption from the requirement in section 242(2)
i: commencing on the day after the date of expiry of the former licence; and
ii: ending on the close of the day immediately before the date when the application for an exemption is lodged:
c: authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)(b) if the Registrar is satisfied that for any reason the motor vehicle to which the application relates will not be operated on a road while the exemption has effect:
d: provide that exemptions referred to in subsection (1)(b) have effect, in each case, for the period that the Registrar thinks fit, unless any limitations are imposed by the regulations made under this Part:
e: provide that exemptions from the requirements in section 242(1) or (2) have no effect while a motor vehicle is being operated on a road, even if the exemption is conferred by or under the regulations made under this Part:
f: provide for the renewal or revocation of exemptions referred to in subsection (1)(b) that are granted by the Registrar:
g: prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:
h: prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plate.
3: Section 168 section 167(1)(j)
4: Without limiting the generality of subsection (3), the following are exempt from any fee or charge payable under this Part for the supply of information from the register of motor vehicles:
a: the New Zealand Police:
b: a statutory entity (within the meaning of the Crown Entities Act 2004
c: a public service agency as defined in section 5
5: Regulations under this section are secondary legislation ( see Part 3
6: If the regulations authorise the Registrar to exercise a power under subsection (1)(b), (c), (h), or (ha) (other than a power that relates only to 1 or more individually identified motor vehicles or named persons),—
a: the instrument by which the Registrar exercises the power is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
7: Any regulations that prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 see subpart 3 1986 No 6 s 35A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 269 added 29 June 2009 section 32(16) Land Transport Amendment Act 2009 Section 269(1)(a)(iii) replaced 11 August 2017 section 101(1) Land Transport Amendment Act 2017 Section 269(1)(a)(iiia) inserted 11 August 2017 section 101(1) Land Transport Amendment Act 2017 Section 269(1)(h) replaced 11 August 2017 section 101(2) Land Transport Amendment Act 2017 Section 269(1)(ha) inserted 11 August 2017 section 101(2) Land Transport Amendment Act 2017 Section 269(1)(sa) inserted 1 December 2009 section 36 Land Transport (Enforcement Powers) Amendment Act 2009 Section 269(4)(c) replaced 7 August 2020 section 135 Public Service Act 2020 Section 269(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 269(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 269(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
269A: Additional fee for certain RUC vehicles
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe an additional fee payable in respect of—
a: all RUC vehicles (within the meaning of the Road User Charges Act 2012 section 38 38A
b: 1 or more classes of RUC vehicles that are operated on road and that are exempt from paying road user charges under section 38 38A
2: The additional fee—
a: is to be treated as land transport revenue for the purposes of the Land Transport Management Act 2003
b: is to be set having regard to—
i: the extent of the use of the vehicles on road; and
ii: the likely costs that the vehicles generate when used on road; and
c: is payable in addition to the fee payable in respect of an application for the licence for a motor vehicle or for the issue of trade plates (as the case may be).
3: An additional fee prescribed under subsection (1) may be set at different levels for different classes of vehicles (whether licensed or operating under trade plates).
4: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 269A inserted 23 April 2014 section 4 Land Transport Amendment Act 2014 Section 269A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
270: Fees and charges identified as land transport revenue
1: This section applies to regulations made by Order in Council under section 269 or 269A or to be treated Land Transport Management Act 2003 relevant regulations
2:
3:
4: If relevant regulations are revoked under subpart 3 revocation
5: The reference in subsection (4) to fees or charges replaced or altered by relevant regulations includes fees or charges—
a: prescribed (or having effect as if prescribed) under section 167 168B
b: in force immediately before the commencement of this section.
6: If relevant regulations are revoked under subpart 3
7: Relevant regulations that the House of Representatives resolves should be revoked or varied are revoked or varied in accordance with the terms of the resolution, and any fees and charges collected under the relevant regulations in excess of the fees and charges otherwise payable are, so far as that resolution provides, to be refunded.
8: Section 270 added 29 June 2009 section 32(16) Land Transport Amendment Act 2009 Section 270(1) amended 23 April 2014 section 5(a) Land Transport Amendment Act 2014 Section 270(1) amended 23 April 2014 section 5(b) Land Transport Amendment Act 2014 Section 270(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 270(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(4) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 270(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(8) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Appointment Heading added 29 June 2009 section 32(17) Land Transport Amendment Act 2009
271: Appointment of Registrar
Nothing in this Part prevents the Minister from appointing the Agency or the Director Section 271 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Section 271 amended 1 April 2021 section 127 Land Transport (NZTA) Legislation Amendment Act 2020 Delegations and authorisations Heading added 29 June 2009 section 32(17) Land Transport Amendment Act 2009
272: Delegations
1: The Registrar may, either generally or particularly, delegate to specified persons any of the Registrar's functions or powers under this Part.
2: However, subsection (1) does not permit the Registrar to delegate a function or power to a person or a class of persons not employed in the State services (within the meaning of the Public Service Act 2020
3: If the Registrar delegates functions or powers to a person under this section, that person—
a: may, with the prior approval of the Minister, delegate to another person approved functions or powers; and
b: is, in the case of a person not employed in the State services, subject to—
i: the Official Information Act 1982
ii: the Ombudsmen Act 1975
4: A person to whom functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.
5: The Registrar may—
a: delegate a function or power under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being; and
b: impose general or special directions or conditions.
6: A delegation may be given for a specific or indefinite period, but in either case is revocable at will.
7: A delegation of a function or power does not prevent the performance of that function or the exercise of that power by the Registrar.
8: A delegation given under this section—
a: continues in force according to its tenor until it is revoked, even if the Registrar who gave the delegation ceases to be Registrar; and
b: continues to have effect as if it were made by the person appointed as Registrar.
9: A person acting or purporting to act under a delegation under this section must, when reasonably requested, produce evidence of the person's authority to do so.
10: In this section, person 1986 No 6 s 51A Section 272 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Section 272(2) amended 7 August 2020 section 135 Public Service Act 2020
273: Authorisations by Registrar
1: The Registrar may—
a: authorise any persons, or their agents or employees, to issue licences, certificates of registration, and registration plates for motor vehicles under this Part (including replacements as appropriate); and
b: specify how the authority must be exercised; and
c: appoint, and specify the functions and duties of, agents for notifying a change of ownership of a motor vehicle.
2: A person who is authorised under subsection (1) and is not employed in the State services is subject to—
a: the Official Information Act 1982
b: the Ombudsmen Act 1975 1986 No 6 ss 8(6) 13(6) 34(2) Section 273 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Fees and charges Heading inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009
274: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 1986 No 6 s 36 Section 274 inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009
275: Other prescribed fees received under this Part
1: This section applies to prescribed fees that are received under this Part and that are not referred to in section 274
2: Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.
3: However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.
4: For the purposes of this section, prescribed recipient 1986 No 6 s 36AA Section 275 inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009 |
DLM433079 | 1998 | Child Support Amendment Act 1998 | 1: Short Title
This Act may be cited as the Child Support Amendment Act 1998, and is part of the Child Support Act 1991 the principal Act
2: Basic amount of child support payable
1: This subsection substituted the item taxable income s 29(1)
2: Subsection (1)
3: Application requirements
1: This subsection inserted s 14(1)(ea)
2: Subsection (1)
4: Application requirements (voluntary agreements)
1: This subsection inserted s 55(1)(da)
2: Subsection (1)
5: New section inserted
1: After section 216
216A: Method of application for refund of excess financial support paid
An application under section 216 section 184A of the Tax Administration Act 1994
2: Subsection (1) |
DLM426299 | 1998 | Conservation Amendment Act 1998 | 1: Short Title
This Act may be cited as the Conservation Amendment Act 1998, and is part of the Conservation Act 1987 the principal Act
2: Effect of general policies, conservation management strategies, and management plans
This section substituted s 17N(6)
3: Restrictions on fishing
1: This subsection amended s 26ZL(1)
2: This subsection inserted s 26ZL(2A)
4: Determination of closed seasons for fishing
This section amended s 26ZP |
DLM424104 | 1998 | Health and Safety in Employment Amendment Act 1998 | 1: Short Title
This Act may be cited as the Health and Safety in Employment Amendment Act 1998, and is part of the Health and Safety in Employment Act 1992 the principal Act
2: Duties of persons who control places of work
This section substituted s 16
3: Codes of practice
1: This subsection inserted s 20(1)(aa) (ab)
2:
a: This paragraph amended the definition of the term approved code of practice section 2(1)
b: This paragraph amended s 20(2)
4: Other offences
1: This subsection amended s 50(1)(a)
2: This subsection inserted s 50(2) |
DLM426674 | 1998 | Maritime Transport Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Maritime Transport Amendment Act 1998, and is part of the Maritime Transport Act 1994 the principal Act
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: Transitional provision relating to application of this Act
Despite the commencement of this Act, if any event giving rise to liability under Part 25 Part 26
a: Began before the date on which this Act came into force and ended on or after the date on which this Act came into force; or
b: Consisted of a series of occurrences and the first of the occurrences took place before the date on which this Act came into force and the last of the occurrences took place on or after the date on which this Act came into force,— the provisions of Parts 25 26
3: Interpretation
1: This subsection substituted the definition of the term CLC ship
2: This subsection inserted the definition of the term harmful substance
3: This subsection inserted the definition of the term oil
4: This subsection substituted the definition of the term pollution damage
5: This subsection substituted paragraph (b) tonnage
4: Maximum amount of liability of shipowners for pollution damage
1: This subsection substituted s 347(1) (2)
2: This subsection substituted s 347(5)
5: Liability of shipowners for damages for pollution damage only under this Act
This section substituted s 352
6: Ships owned by CLC State
This section amended s 354
7: Application of admiralty jurisdiction
This section amended s 368(2)
8: Interpretation
1: This subsection substituted the definition of the term oil
2: This subsection inserted the definition of the term owner
3: This section inserted the definition of the term pollution damage
9: Compensation from International Oil Pollution Fund for certain pollution damage
This section amended s 372
10: Maximum amount of liability of International Oil Pollution Fund
1: This subsection amended s 373(1)
2: This subsection substituted s 373(1)(c)
11: International Oil Pollution Fund no longer to indemnify certain shipowners
The principal Act is amended by repealing sections 376 377
12: Time for bringing proceedings against International Oil Pollution Fund
1: This subsection amended s 378(1)
2: Section 378 subsection (2)
13: Jurisdiction of Court in respect of claims against International Oil Pollution Fund
1: This subsection substituted s 379(1)
2: This subsection amended s 379(2)
14: Notice of proceedings against International Oil Pollution Fund
This section amended s 380
15: Notice to and joining of International Oil Pollution Fund in certain proceedings
This section amended s 381(1)
16: Rights of subrogation of International Oil Pollution Fund
This section amended s 383(a)
17: International Oil Pollution Fund no longer to act as insurer
The principal Act is amended by repealing section 384 |
DLM425300 | 1998 | Fire Service Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Fire Service Amendment Act 1998, and is part of the Fire Service Act 1975 the principal Act
2: This Act (except section 6
2: New Zealand Fire Service Commission
1: This subsection amended s 4(7)
2: This subsection repealed s 5(10) to (12)
3: This subsection amended s 62(2)
3: Income of Commission
1: This subsection substituted s 47 s 47A
2: This subsection amended s 46I
3: The following enactments are consequentially repealed:
a: Section 6 Fire Service Amendment Act 1986
b: Sections 32(1) 33(1) Fire Service Amendment Act 1990
c: Section 3(2) of the Fire Service Amendment Act 1994
4: Levy
1: This subsection substituted s 48(4)(b)(ii)
2: This subsection amended s 48(5)
5: Borrowing powers
This section substituted s 59
6: Crown's contribution to Commission's income for financial year ending with 30 June 1998
1: Notwithstanding anything in sections 47 47A
a: The amount payable to the Commission under section 47(2)(a)
b: The proceeds of the levy (other than the portion of the proceeds required for the Rural Fire Fighting Fund) payable to the Commission under section 47(2)(b)
2: If, in the financial year ending with 30 June 1998, the income of the Commission under section 47(2) subsection (1)
3: This section comes into force on the date on which this Act receives the Royal assent. |
DLM428891 | 1998 | Employment Services and Income Support (Integrated Administration) Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Employment Services and Income Support (Integrated Administration) Act 1998.
2: This Act comes into force on 1 October 1998.
2: Interpretation
In this Act, unless the context otherwise requires,— chief executive Social Security Act 1964 responsible department Social Security Act 1964 responsible Minister Social Security Act 1964
3: Application of employment contracts
1: This section and section 4 section 61A transferred employee
2: Unless a transferred employee’s employment contract otherwise provides and subject to subsection (3), the transferred employee’s employment contract continues to apply to that employee, on and from the date the employee transfers to the responsible department, on the same terms and conditions (including the period of the contract)—
a: as if it were a contract that had been made in respect of the responsible department; and
b: as if it were binding on both that employee and on the chief executive of the responsible department, and on any other party to that contract.
3: If there is a change to an employee’s duties or location arising out of his or her transfer to the responsible department, the conditions of employment of that employee may be varied by agreement to reflect that change but the conditions of employment (as so varied) must be no less favourable than those that the employee was entitled to receive under the employment contract applying to the employee at the date of the transfer.
4: Subsections (2) and (3) continue to apply to the conditions of employment of each transferred employee to whom this section applies until such time as any of the conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are subsequently varied (otherwise than for the purpose referred to in subsection (3)).
5: The conditions of employment of each such transferred employee are, on and from the date of any subsequent variation referred to in subsection (4), to be determined in accordance with the employment contract applying to that employee in the responsible department.
6: Nothing in subsection (2) or subsection (3) continues to apply to any transferred employee who receives any subsequent appointment, whether within the responsible department or any other department.
4: 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 Social Welfare or Department of Labour to the responsible department is insufficient by itself to break his or her employment.
5: Transfer not sufficient to entitle employee to redundancy or severance payment
No employee of the Department of Social Welfare or the Department of Labour who is transferred to the responsible department (in circumstances to which section 61A
a: the position held by that employee in the Department of Social Welfare or the Department of Labour has ceased to exist; or
b: he or she has ceased by virtue of that transfer to be an employee of the Department of Social Welfare or the Department of Labour.
6: Transfers of contracts and 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 of the contract is transferred (in whole or in part) to the responsible department, whether or not the person has agreed to the transfer.
2: Subsection (1) applies whether or not the transfer involves the responsible department 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 which are to be occupied or administered (in whole or in part) by the responsible department merely because of that occupation or administration of the premises by the responsible department, whether or not the person has agreed to the occupation or administration of the premises.
7: Continuation of existing proceedings
1: If, before the commencement of this Act, the Minister of Social Welfare has, in his or her capacity as the Minister responsible for the administration of the Social Security Act 1964
2: If, before the commencement of this Act,—
a: the Director-General of Social Welfare has, in relation to the administration of the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990 War Pensions Act 1954
b: the Secretary for War Pensions in the Department of Social Welfare has initiated or become a party to any proceedings; or
c: the unit of the Department of Social Welfare called Income Support (and formerly called the New Zealand Income Support Service) has initiated or become a party to any proceedings,— the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department or (as the case may be) the officer of the responsible department who is the Secretary for War Pensions.
3: If, before the commencement of this Act,—
a: the chief executive of the Department of Labour has, in his or her capacity as a person exercising or performing any function, duty, or power under the Social Security Act 1964
b: the unit of the Department of Labour called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit has initiated or become a party to any proceedings,— the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department.
4: If, before the commencement of this Act, any person has applied under section 10A Social Welfare (Transitional Provisions) Act 1990
a: the review may be continued and completed as if the chief executive of the responsible department were a party to the review, and the chief executive is bound by the decision made on the review; and
b: if a Benefits Review Committee had not been constituted for the review before the commencement of this Act, the Committee is to consist of—
i: 1 person referred to in section 10A(3)(a)
ii: 2 officers of the responsible department who are appointed by the chief executive.
5: If, before the commencement of this Act, any person has—
a: exercised a right of appeal under section 12J section 53A
b: exercised a right of appeal under section 12Q section 12R
c: exercised a right of appeal under section 16A
d: exercised a right of appeal under regulation 10 the appeal may be continued and completed as if the chief executive of the responsible department were a party to the appeal instead of the Director-General of Social Welfare, and (subject to section 12Q section 12R
6: If, before the commencement of this Act, any person has exercised a right of review under section 15D
7: If, before the commencement of this Act, any person has exercised a right of appeal under section 16 section 85A
8: If, before the commencement of this Act, any person was entitled, or claimed to be entitled, to issue any proceedings, apply for or exercise any right of review, or to exercise any right of appeal, referred to in any of subsections (1) to (7),—
a: that person may, after the commencement of this Act, commence the proceedings, review, or appeal as if (as the case requires) the responsible Minister, or the chief executive of the responsible department, or the officer of the responsible department who is the Secretary for War Pensions, were the appropriate person in respect of whom the proceedings, review, or appeal relates:
b: the provisions of subsections (1) to (7) apply to any such proceedings, review, or appeal commenced under paragraph (a) as if they had been commenced prior to the commencement of this Act:
c: no such proceedings, review, or appeal may be commenced in respect of any person other than the responsible Minister, chief executive, or officer specified in paragraph (a).
8: Savings relating to brands, logos, marks, etc
All names, brands, stamps, logos, emblems, marks, forms, and other representations or documents that were, immediately before the date of commencement of this Act, in use by the Department of Social Welfare for the purposes of the unit called Income Support (formerly called the New Zealand Income Support Service) or by the Department of Labour for the purposes of the unit called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit—
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 Minister, the responsible department, or chief executive of the responsible department under the Social Security Act 1964
9: Saving of certain appointments
Nothing in this Act affects the appointment of any person as—
a: a community representative on a Benefits Review Committee under section 10A(3)(a)
b: a member of a medical appeal board under section 53A
c: the medical member of the War Pensions Advisory Board under section 5A section 5E
d: a member of the War Pensions Appeal Board under section 8 section 10
e: a nominee of the New Zealand Returned Services’ Association on any War Pensions Claims Panel under section 15
10: References to functions being transferred to responsible department
1: Unless the context otherwise requires, in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document whatsoever in force at the commencement of this Act,—
a: every reference to the Director-General (or the chief executive of the Department of Social Welfare), when used in relation to the unit of the Department of Social Welfare called Income Support (formerly called the New Zealand Income Support Service), is a reference to the chief executive of the responsible department:
b: every reference to the Secretary of Labour (or the chief executive of the Department of Labour), when used in relation to his or her functions, duties, or powers under the Social Security Act 1964
c: every reference to the unit of the Department of Social Welfare called Income Support (formerly called the New Zealand Income Support Service), where the unit is referred to in its own right and the reference does not apply to other units of that department, is a reference to the responsible department:
d: every reference to the Department of Social Welfare, when used in relation to the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990 War Pensions Act 1954
e: every reference to the unit of the Department of Labour called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit, where the unit is referred to in its own right and the reference does not apply to units of that department other than a unit mentioned in this paragraph, is a reference to the responsible department.
2: In sections 27I to 27ZI sections 256 258
3: In sections 6 93 105 112 114 115 section 259
4: In section 101A section 259
5: Despite subsection (1), every reference in a reciprocal social security agreement in respect of which an Order in Council made under section 19 Department of Social Welfare Act 1971 Section 10(5) added 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
11: Amendments to other Acts
The Acts specified in the Schedule
12: Consequential repeals
The following enactments are consequentially repealed:
a)–(c: Amendment(s) incorporated in the Act(s)
d: the Immigration Amendment Act (No 2) 1991:
e: the Education Amendment Act (No 3) 1991:
f)–(k: Amendment(s) incorporated in the Act(s) |
DLM427751 | 1998 | Valuation Department (Restructuring) Act 1998 | 1: Short Title and commencement
1: This Act may
be cited as the Valuation Department (Restructuring) Act 1998.
2: This Act comes
into force on 1 July 1998.
2: Interpretation
In this Act,
unless the context otherwise requires,— company Companies Act 1993 department shareholding Ministers Valuation
New Zealand to be Crown-owned company Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
3: Shareholding in Valuation New Zealand Limited
Section 3 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
4: Application of Companies Act 1993
Section 4 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
5: Minister may appoint representative
Section 5 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
6: Valuation New Zealand Limited to be good employer
Section 6 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
7: Auditor-General to be auditor of Valuation New Zealand
Limited
Section 7 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004 Transfer
of Crown assets and liabilities relating to Valuation Department Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
8: Transfer of Crown assets and liabilities to Valuation
New Zealand Limited
Section 8 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
9: Rights and liabilities of Crown and third parties
following transfer
Section 9 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004 Transfer of employees of Valuation
Department
10: Transfer of employees
1: Every person—
a: who is employed in the Valuation Department
immediately before the date of commencement of this Act; and
b: who is carrying out duties that on or
after that date are to be carried out (in whole or in part) by Valuation
New Zealand Limited or by Land Information New Zealand; and
c: whose transfer to the company or that
department is agreed to by the company or by the chief executive of
the department— is deemed to have transferred to the company or the department
(as the case may be) on the date of commencement of this Act.
2: The transfer
of any employee by this section is subject to any relevant provisions
of the employment contract applying to that employee.
3: This section
applies notwithstanding section 61A
11: Protection of conditions of employment on transfer
1: The employment
of any person deemed to have been transferred by section 10
2: Any unexpired
collective employment contract which covers transferred employees
is deemed, as from the date of transfer, to continue to apply on the
same terms—
a: as if it were a contract that had been
made in respect of Valuation New Zealand Limited or Land Information
New Zealand, as the case may be; and
b: as if it were binding both on those employees
and on the company or on the department's chief executive.
3: Subsections
(1) and (2) cease to apply to a transferred employee if the terms
and conditions of employment that apply under the employment contract
applying to the employee at the date of the transfer are varied by
agreement between the employee and the company or (as the case may
be) the department's chief executive.
4: Every employee
deemed by section 10
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 Valuation Department is deemed
to have been unbroken; and
b: the employee's period of service with
the Valuation Department, and every other period of service of that
employee that was recognised by the Department as continuous service,
is deemed to have been a period of service with Valuation New Zealand
Limited or Land Information New Zealand, as the case may be.
12: No compensation for technical redundancy
No person who
is deemed by section 10
13: Membership of Government Superannuation Fund
Where a person
deemed by section 10 Government Superannuation Fund Act 1956
a: that person is deemed for the purposes
of that Act to be employed in the Government service for so long as
the person continues to be employed by the company; and
b: that Act is deemed to apply to the person
in all respects as if the person's service with the Government service
were continuous. Amendments
to other Acts Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
14: Amendments to other Acts
Section 14 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
15: References to Valuation New Zealand Limited in Acts
amended may be removed by Order in Council if Crown shareholding falls
below 50%
Section 15 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004 |
DLM433090 | 1998 | Social Security Amendment Act (No 3) 1998 | 1: Short Title
This Act may be cited as the Social Security Amendment Act (No 3) 1998, and is part of the Social Security Act 1964 the principal Act
2: Duty to supply tax file number and consequence of failure to do so
1: This subsection substituted section 82A
2: Subsection (1) |
DLM426696 | 1998 | Naval and Victualling Stores Act Repeal Act 1998 | 1: Short Title
This Act may be cited as the Naval and Victualling Stores Act Repeal Act 1998.
2: Naval and Victualling Stores Act 1908 repealed
1: The Naval and Victualling Stores Act 1908 is repealed.
2: Schedule 1 |
DLM425311 | 1998 | Misuse of Drugs Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Misuse of Drugs Amendment Act 1998, and is part of the Misuse of Drugs Act 1975 the principal Act
2: Except as provided in subsection (3)
3: Sections 9 10
2: Interpretation
This section inserted the definitions of the terms Precursor substance Vienna Convention
3: Amendment of
Schedules 1 2 3 4 Section 3 repealed 15 November 2000 11(b) Misuse of Drugs Amendment Act 2000
4: Aiding offences against corresponding law of another country
This section amended s 10(4)
5: New sections inserted
This section inserted s 12A
6: Consent of Attorney-General required in proceedings under
section 12C This section inserted s 28A
7: Mistake as to nature of controlled drug or precursor substance
This section amended s 29
8: Evidence of analysis
This section amended s 31(2)
9: Crimes deemed to be included in extradition treaties
Section 9 repealed 1 September 1999 111 Extradition Act 1999
10: New sections inserted
This section inserted ss 35A to 35D
11: Application of
Customs and Excise Act 1996 This section amended s 36
12: New
Schedule 4 This section inserted Schedule 4
13: Consequential amendments to other enactments
Schedule 2 clause 12C District Courts Act 1947 clauses 12A 12B Summary Proceedings Act 1957 s 344AA Crimes Act 1961 clauses 12A to 12C of Part 2 of Schedule 1 of the Extradition Act 1965 Drug dealing offence Misuse of Drugs Amendment Act 1978 ss 30 30A Misuse of Drugs Amendment Act 1978 |
DLM433432 | 1998 | Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998 | 1: Short Title
This Act may be cited as the Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998.
1: Amendments to
Income Tax Act 1994 Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
2: Income Tax Act 1994
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
3: Exempt income—interest
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
4: Exemption income—dividends
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
5: New section inserted
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
6: New section inserted
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
7: New subpart substituted
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
8: Consequential changes to section references resulting from new Part EE
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
9: Matching regime for cost of revenue account property
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
10: Formula for calculating depreciation deduction
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
11: New section inserted
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
12: Cancellation of shares held by amalgamating company on amalgamation
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
13: Acquisition of property by amalgamated company on qualifying amalgamation
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
14: Cross-border arrangement between associated persons
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
15: Low income rebate
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
16: Determination of net income for family tax credits
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
17: Credit of tax for imputation credit
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
18: Credits in respect of dividends to non-resident investors
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
19: Special rules for holding companies
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
20: Specified superannuation contribution withholding tax imposed
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
21: New section inserted
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
22: Definitions
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
23: Further definitions of associated person
Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004
2: Amendments to Tax Administration Act 1994
24: Tax Administration Act 1994
The Tax Administration Act 1994
25: Interpretation
1: In section 3(1) notice of proposed adjustment in the prescribed form means a notice of proposed adjustment
2: Subsection (1)
26: Keeping business records
After section 22(1)(c)(ii)
iii: A taxpayer, other than a small taxpayer, must retain all accounting records relating to the calculation of the value of closing stock (as defined in section OB 1 of the Income Tax Act 1994
iv: A small taxpayer (as defined in section OB 1 of the Income Tax Act 1994
v: The taxpayer must comply with section EE 16(5) of the Income Tax Act 1994 .
27: Officers to maintain secrecy
In section 81(4)(g) or (2A) subsection (2)
28: Form and content of notice of proposed adjustment
1: In section 89F be in the prescribed form and contain
2: Subsection (1)
29: Commissioner to make private binding rulings on request
Section 91E(4) ; or paragraph (i) paragraph (i)
j: The application for the ruling would require the Commissioner to form an opinion as to a generally accepted accounting principle or to form an opinion as to a commercially acceptable practice.
30: Commissioner may make product rulings
Section 91F(4) ; or paragraph (g) paragraph (g)
h: The application for the ruling would require the Commissioner to form an opinion as to a generally accepted accounting principle or to form an opinion as to a commercially acceptable practice.
3: Amendments to
Income Tax Act 1976
31: Income Tax Act 1976
This Part amends the Income Tax Act 1976
32: Interpretation
1: In section 2 private domestic worker Property section 80A
2: Subsection (1)
33: New section inserted
1: After section 80
80A: Gross income derived from certain property
1: The income of a person is deemed to include an amount equal to the market value of property the possession or control of which that person obtained without colour of right.
2: The income to which this section applies is deemed to be derived in the income year in which possession or control of the property is obtained.
3: Subsection (1)
4: In the income year in which the person makes a restitution in respect of property referred to in subsection (1)
5: Restitution in subsection (4)
6: This section and the definition of property section 126 of the Tax Administration Act 1994
2: This section is deemed to have applied with respect to income derived on or after 1 April 1989 and before the 1995–96 income year.
4: Amendments to Taxation (Remedial Provisions) Act 1996
34: Taxation (Remedial Provisions) Act 1996
1: The heading immediately before section 18
2: In section 18(3) 1997 1998
3: The heading immediately before section 19
4: In section 19(3) 1998 1999
5: This section is deemed to have come into force on 2 September 1996. |
DLM18071 | 1998 | Maritime Transport Amendment Act (No 2) 1998 | 1: Short Title and commencement
1: This Act may
be cited as the Maritime Transport Amendment Act (No 2) 1998,
and is part of the Maritime Transport Act 1994 the principal Act
2: This Act comes
into force on the day after the date on which it receives the Royal
assent.
2: New headings and sections inserted
This section inserted ss 200A–200C
3: Regulations
This section amended s 201(1)(d)
4: Proceedings for offences
Section 419(2)
5: Infringement offences
This section amended s 422(1)
6: Infringement notices
This section inserted s 423(1A) |
DLM431914 | 1998 | Taxation (Simplification and Other Remedial Matters) Act 1998 | 1: Short Title
This Act may be cited as the Taxation (Simplification and Other Remedial Matters) Act 1998.
1: Amendments to Tax Administration Act 1994
2: Tax Administration Act 1994
The Tax Administration Act 1994
3: Interpretation
1: In section 3(1)
a: In the definition of benefit paragraph (a) 82, 84 82, 82A, 84
b: In the definition of civil penalty paragraph (c) penalty. penalty; or
d: A non-electronic filing penalty:
c: In the definition of tax paragraph (a)(x)
xi: A rebate under section 41A
d: In the definition of tax position paragraph (k)
l: Whether the taxpayer must request an income statement or respond to an income statement issued by the Commissioner:
m: The application of section 33A(1)
n: A right to a rebate:
e: The definition of taxpayer’s tax position Taxpayer’s tax position
a: Unless paragraph (b)
i: A tax return; or
ii: An income statement; or
iii: A due date:
b: If—
i: The tax is income tax; and
ii: The taxpayer alters a tax position taken in a tax return or in an income statement before the earlier of—
A: The issue of an assessment in respect of the tax; and
B: The due date for payment of the tax,— the tax position the taxpayer takes or is deemed to take in the last amended tax return or in the last amended income statement received by the Commissioner before the issue of the assessment or the deemed assessment or before the due date, whichever applies:
f: The following is inserted: Income statement section 80E .
2: Subsection (1)(a)
3: Subsection (1)(b) to (f)
4: Construction of certain provisions
1: After section 4A(1)(c)
ca: A provision referring to a tax position taken in an income statement refers to a tax position taken explicitly or implicitly in the income statement, whether or not the tax position was included by the Commissioner in the income statement: .
2: Subsection (1)
5: Taxpayer’s tax obligations
1: After section 15B(g)
h: If a natural person to whom section 80C section 80C(2) or (3)
i: If the taxpayer is a natural person, correctly respond to any income statement issued to the taxpayer.
2: Subsection (1)
6: Keeping of returns where information transmitted electronically
1: In section 23(2)(b) liquidated. liquidated; or
c: That is an employer monthly schedule.
2: Subsection (1)
7: Resident withholding tax deduction certificates
1: Section 25(6)
6: A resident withholding tax deduction certificate prepared in accordance with this section must include the following:
a: The full name and address of the payer:
b: The full name and last known address of the recipient unless, after making reasonable inquiries, the payer is unable to obtain those details:
c: The tax file number of the recipient, if known to the payer:
d: A statement as to whether the resident withholding income to which the certificate relates is interest or specified dividends:
e: The date on which the deduction was made, or if there is more than one deduction, the year in which the deductions were made and to which the certificate relates:
f: The amount of the resident withholding tax deduction or deductions and the amount of resident withholding income to which the certificate relates:
g: In respect of interest, the amount that is subject to the deduction of resident withholding tax at the rate specified in Schedule 14, clause 1(c) of the Income Tax Act 1994 paragraph (h)
h: If the interest payer elects to apply the formula prescribed under subsection (6A)
i: In respect of interest to which paragraph (g)
6A: The Commissioner may prescribe a formula for determining the amount of interest subject to the resident withholding tax rate specified in Schedule 14, clause 1(c) of the Income Tax Act 1994
2: Subsection (1)
8: Annual income tax returns by taxpayers
1: Section 33(2)
2: A taxpayer to whom section 33A(1)
2: Subsection (1)
9: Section replaced
1: Section 33A
33A: Annual income tax returns not required
1: A natural person is not required to furnish a return of income for an income year and will not receive an income statement from the Commissioner for the year if, in the year, the person—
a: Had gross income that was derived from—
i: Income from employment that is subject to the PAYE rules; or
ii: Interest or a dividend that is subject to the RWT rules; or
iii: Interest or a dividend that does not have a New Zealand source; and
b: Derives a total of $200 or less of—
i: Gross income that is subject to the PAYE rules and to a student loan repayment deduction under sections 19 and 20 of the Student Loan Scheme Act 1992
ii: Interest that is subject to the RWT rules, in relation to which the natural person does not comply with his or her obligations under those rules; and
iii: Income from employment from which the earner premium is not deducted correctly; and
iv: Interest from which RWT has been withheld at a rate other than the rate specified in Schedule 14, clause 1(b) of the Income Tax Act 1994
v: Income from employment being extra emoluments from which tax has been withheld at a rate other than the rate specified in Schedule 19, clause 8(b) of the Income Tax Act 1994
vi: Income from employment being secondary earnings from which tax has been withheld at a rate other than the rate specified in Schedule 19, clause (5A) of the Income Tax Act 1994
vii: Interest or dividends, if the person is required to pay financial support under the Child Support Act 1991
viii: Interest or dividends, if the person has an IRD loan balance (as defined in section 2 of the Student Loan Scheme Act 1992 section 2 of the Student Loan Scheme Act 1992
ix: Salary or wages from employment as an election day worker; and
x: Attributed income, if the person has gross income of more than $38,000; and
xi: Interest or a dividend that—
A: Does not have a New Zealand source; and
B: Was subject to a withholding tax at source; and
c: Does not receive income from employment from which a tax deduction is made and the amount of the tax deduction is determined in whole or in part by a special tax code certificate issued under section NC 14 of the Income Tax Act 1994
d: Is not issued a family certificate of entitlement for any part of the income year; and
e: Does not have a spouse who is issued with a family certificate of entitlement for any part of the income year; and
f: Or the spouse of the natural person, is not paid by the Chief Executive of the department for the time being responsible for the administration of the Social Security Act 1964 section KD 2(4) of the Income Tax Act 1994 section KD 2(4) of the Income Tax Act 1994
g: Is a person who in an income year has a nil IRD loan balance on the last day of the year, or who has a balance greater than nil, and is a person to whom paragraph (b)(viii)
2: Subsection (1)
a: Is an absentee; or
b: Is a provisional taxpayer; or
c: Is not a cash-basis holder; or
d: Received a withholding payment; or
e: Received beneficiary income; or
f: Received gross income as a private domestic worker; or
g: Is required under section 44
h: Made a net loss; or
i: Has an available net loss; or
j: Died; or
k: Held a certificate of exemption under section NF 9 at any time in that income year.
3: A person to whom subsection (2)
4: Subject to section 80D subsection (1)
5: The Commissioner must issue an income statement to a person to whom neither of section 33A(1) or (2)
2: Subsection (1)
10: Power of Commissioner to prescribe forms
1: In section 35 (2) (3)(b)
2: Subsection (1)
11: Commissioner may approve furnishing of return information by electronic means
1: After section 36(3)(b)
ba: Paragraph (b) .
2: Subsection (1)
12: New sections inserted
1: After section 36
36A: Electronic format of employer monthly schedule and remittance certificate
1: The Commissioner must prescribe one or more electronic formats in which an employer monthly schedule must be furnished by an employer that is required to furnish that schedule in an electronic format.
2: The Commissioner may prescribe one or more electronic formats in which a remittance certificate must be furnished by an employer that has elected to furnish that certificate in an electronic format.
3: A format prescribed under subsection (1) or (2)
36B: Other formats of employer monthly schedule
1: Despite section 36A(1)
2: For the purpose of subsection (1)
a: The likely costs incurred by other employers in providing an employer monthly schedule in a prescribed electronic format; and
b: The additional administrative costs that are likely to be incurred by the Commissioner in processing an employer monthly schedule that is not provided in a prescribed electronic format; and
c: Whether in the preceding income year, the employer employed, on average, 100 or fewer employees on each day in the year; or
d: If the employer was not an employer in the preceding income year, whether the employer employs, on average, 100 or fewer employees on each day in the current income year.
3: For the purpose of subsection (2)(c) and (d)
4: If an amalgamating company ceases to exist on an amalgamation, subsection (2)(c) and (d)
5: In subsection (2)
a: That an employee for part of a day is employed for the whole of that day; and
b: Of the number of employees employed on each day of the income year, or part income year if section 36B(2)(d)
6: An authorisation under section 36B(1)
7: An authorisation cancelled by the Commissioner applies until the later of—
a: 1 April following the year in which cancellation is notified; or
b: Six months after the date cancellation is notified.
8: If the Commissioner is satisfied that the number of employees of an employer did not or will not exceed the number provided in subsection (2)(c) or (d) subsection (2)(c) or (d)
9: If an employer is authorised not to furnish an employer monthly schedule electronically and employed an average of more than 50 employees but not more than 100 employees in the 1999–2000 income year,—
a: Subsection (7) does not apply; and
b: The authorisation under this section expires on the last day of the 1999–2000 income year.
36C: Particulars furnished in electronic format
1: In the application of any of sections 35, 36, 36A, or 36B
2: The production by the Commissioner of a document purporting to be a printed copy of a specification of an electronic format or a part of that specification, in all courts and in all proceedings (including proceedings before a Taxation Review Authority), is sufficient evidence that the electronic format was prescribed.
36D: Non-electronic filing of employer monthly schedule
An employer must furnish the particulars required to be included in an employer monthly schedule on the form supplied by the Commissioner if the employer—
a: Is not required to furnish an employer monthly schedule in a prescribed electronic format; and
b: Has not elected to do so under section 36E
36E: Election available to other employers
An employer that is not required to furnish an employer monthly schedule electronically may elect to furnish that schedule in an electronic format prescribed by the Commissioner.
2: Subsection (1)
13: Other formats of employer monthly schedule
1: In section 36B(2)(c) (d) section 12 100 50
2: Subsection (1)
14: Dates by which annual returns to be furnished
1: Section 37(1)(a)
2: Section 37(6)
3: Subsections (1) (2)
15: Returns to annual balance date
1: In section 38(1) any taxpayer a taxpayer (other than a taxpayer to whom section 33A
2: Subsection (1)
16: Section replaced
1: Section 40
40: General requirements for returns
1: A return required to be furnished in writing must be—
a: Signed; and
b: Contain all the information and be accompanied by all the documents required under any of the Inland Revenue Acts.
2: A return furnished by electronic means must be—
a: Transmitted in an electronic format prescribed under either sections 36, 36A or 36B
b: Contain all the information and be accompanied by all the documents required under any of the Inland Revenue Acts.
3: A return that is subject to this section is treated as being furnished on the date it is received at an office of the department.
2: Subsection (1)
17: New section inserted
1: After section 41
41A: Returns by person claiming housekeeper or charitable rebates
1: A person allowed a rebate under section KC 4 or section KC 5 of the Income Tax Act 1994
2: The total amount of the refunds must not exceed the annual amount of the rebates allowed.
3: The sum of the qualifying payments under section KC 4 of the Income Tax Act 1994 section KC 5 of the Income Tax Act 1994
4: If subsection (3)
5: An application under subsection (1)
a: The amount of a payment that is a qualifying payment under section KC 4 of the Income Tax Act 1994
b: The amount of a gift to which section KC 5 of the Income Tax Act 1994
6: Despite subsection (1) subsections (2) and (3)
a: In the case of a taxpayer with a standard balance date, by the 30 September next following the end of the taxpayer’s income year; or
b: In the case of other taxpayers, by the last day of the month that is the sixth month after the end of the taxpayer’s accounting year.
7: When the Commissioner has considered an application for a rebate, the Commissioner must, by notice, inform the taxpayer of the amount of the rebates allowed under section KC 4 or section KC 5 of the Income Tax Act 1994
8: No rebate may be refunded to an absentee, or a company, or a public authority, or a Maori Authority, or an unincorporated body, or a trustee assessable and liable for income tax under sections HH 3, HH 6, HK 14, or HZ 2 of the Income Tax Act 1994
9: A refund allowed under subsection (1)
10: A refund allowed under subsection (1) section 142D
11: Part VII
12: Part IX
2: Subsection (1)
18: Returns by executors or administrators
1: After section 43(2)
3: Part IIIA and section 33A(1)
2: Subsection (1)
19: Employers to make returns as to employees
1: In section 46(1) subsection (1)
1: An employer must furnish an employer monthly schedule containing particulars of the persons employed by the employer in a month and of all salaries, wages, and other emoluments received in that month by each person employed.
2: Subsections (2) (3) (4) (5)
2: The Commissioner may vary the requirements to provide particulars of the commencement or cessation of employment in an employer monthly schedule, in relation to any employer or class of employer, and in the cases and to the extent that the Commissioner considers fit, and the requirements apply as varied.
3: No variation made by the Commissioner under subsection (2)
4: An employer must consolidate into one employer monthly schedule the particulars that must be included in an employer monthly schedule for an employee who receives, between 1 April 1999 and 31 March 2000, a payment listed under subsection (5)
5: Subsection (4)
a: New Zealand superannuation; or
b: A veteran’s pension; or
c: An income-tested benefit; or
d: Weekly compensation or compensation for loss of potential earning capacity payable under the Accident Rehabilitation and Compensation Insurance Act 1992
e: An allowance paid under regulations made under section 303 of the Education Act 1989
f: A credit of tax paid under Part KD of the Income Tax Act 1994
5A: The employer must furnish the Commissioner with the consolidated employer monthly schedule on or before 5 April 2000.
5B: The particulars required under subsection (4)
3: In subsection (6)
a: The portion before paragraph (a)
6: Nothing in the employer monthly schedule requires information in relation to— ; and
b: Paragraph (c)
4: Subsections (1) to (3)
20: Employer to furnish statement of specified superannuation contribution withholding tax
1: In section 47(1)
a: In paragraph (c) section NC 15(1)(c) section NC 15(1)(c) or (d)
b: The words after paragraph (c) to the Commissioner a remittance certificate showing the amount of specified superannuation contribution and the amount of specified superannuation contribution withholding tax relating to that contribution and any other particulars the Commissioner may require.
2: Section 47(2)
3: Subsections (1) (2)
21: Special arrangements for supply of information by employer to Commissioner
1: In section 48(1) certificate,
2: Subsection (1)
22: New Part inserted
1: After section 80
3A: Income statements
80A: Application
1: This Part applies to a natural person who derives income from employment, or receives interest and dividends, and who—
a: Is a person to whom section 33A(5)
b: Is a person exempted under section 33A section 80C(4)
c: Is a person exempted under section 33A section 80D(2)
2: This Part applies to the 1999–2000 and subsequent income years.
80B: Notification required that taxpayer not subject to this Part
1: A natural person who receives an income statement and who is not subject to this Part in an income year because the person derived income other than from employment, or received interest or dividends, or who is a person to whom section 33A(2)
2: The information required under subsection (1) section NC 17
3: The information from a person to whom section NC 17
4: An income statement to which section 80B(1)
80C: Natural person to request income statement
1: A person to whom section 33A(5)
2: A request required under subsection (1) section NC 17
3: The request required under subsection (1) section NC 17
4: A person to whom section 33A(1)
80D: Commissioner must issue income statement
1: For each income year, the Commissioner must issue an income statement to a person whom the Commissioner considers derived income only from employment, interest or dividends; and who—
a: Is not a person to whom section 33A(1)
b: Is a person to whom section 33A(1)
2: Despite subsection (1)
3: The Commissioner may issue more than one income statement in respect of an income year to a person.
80E: Particulars to be included in income statement
1: An income statement issued under this Part must contain the information specified in subsection (2)
2: The information is—
a: The amount of a natural person’s annual gross income that the Commissioner considers was derived from employment, interest, or dividends; and
b: The sources of the annual gross income in paragraph (a)
c: The amounts of the source deductions or withholding deductions made in relation to the gross annual income; and
d: The amount of earner premium deducted in respect of the person; and
e: A calculation of the income tax liability of the person, including any tax payable or refund due; and
f: Any further particulars the Commissioner considers necessary.
80F: Taxpayer obligations and assessment on receipt of income statement
1: Unless subsection (4) subsection (2) or (3)
2: A person to whom section NC 17 subsection (1)
a: 7 February in the income year next following the income year to which the income statement relates; or
b: The date that occurs 2 months after the date of issue of the income statement.
3: A person to whom section NC 17 subsection (1)
a: The terminal tax date of the person for the income year to which the income statement relates; or
b: The date that occurs 2 months after the date of issue of the income statement.
4: A person is not required to inform the Commissioner of an amount of gross annual income from employment, interest, or dividends that is not included in the income statement unless the total amount is more than $200.
5: For the purpose of subsection (4) section 25(7)
6: If the Commissioner accepts as correct the information given by the person under subsection (1)
7: If the Commissioner does not accept as correct all the information given by the person under subsection (1) section 80E
80G: Income statement deemed return
1: This section applies to a person to whom—
a: An income statement is required to be issued and who considers that the income statement correctly summarises the particulars listed in section 80E(2)
b: An income statement is issued and who does not inform the Commissioner of the reasons why the person considers that the income statement is incorrect.
2: Except in sections 37 and 38 subsection (1) section 33
3: Unless a taxpayer responds in the manner required under section 80F
80H: Income statement deemed general assessment
1: An income statement that is deemed to be a return of income under section 80G section 92
2: If subsection (1) section 111
3: Unless subsection (4) or (5) subsection (1)
a: 7 February in the income year that next follows the income year to which the income statement relates if section NC 17 of the Income Tax Act 1994
b: The person’s terminal tax date for the income year to which the income statement relates; or
c: The 30th day after the date of issue of an income statement if the statement shows an amount of tax is overpaid and that amount does not exceed the amount specified in section MD 1(1A) of the Income Tax Act 1994
d: The date on which the person requests a refund of tax under section MD 1(1A) of the Income Tax Act 1994
4: In the case of an income statement issued to a person to whom section NC 17 subsection (1)
5: In the case of an income statement that is issued not more than 2 months before the terminal tax date of a person to whom section NC 17 subsection (1)
80I: Deemed matters
1: This section applies to matters that are deemed to occur under this Part and to the income year in which the matters are deemed to occur.
2: A statement by the Commissioner that—
a: A return of income is deemed to be furnished; or
b: A return of income is deemed to have been signed by a taxpayer; or
c: A general assessment is deemed to have been made by the Commissioner— is conclusive of whether an event referred to in this Part has occurred.
3: A matter referred to in subsection (2)
a: A return of income has not been furnished; or
b: A taxpayer has not furnished a return of income; or
c: A taxpayer has not signed a return of income; or
d: The assessment is not final.
4: A matter required to be done or provided within the time limit for furnishing a return of income is deemed to be required to be done or provided within the time limit for responding to an income statement.
2: Subsection (1)
23: Officers to maintain secrecy
1: In section 81(4)(l) or in such other manner as the Commissioner prescribes in writing
2: In section 81(4), after paragraph (m)
n: Communicating to a person who is an officer, employee, or agent of the department for the time being responsible for the administration of the Social Security Act 1964 Social Security Act 1964 section 82A
3: Subsections (1) (2)
24: New section inserted
1: After section 82
82A: Disclosure of information to prevent cessation of benefit payments
1: This section authorises 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 subsection (1) Social Security Act 1964
3: A disclosure of information must not be made under subsection (2) Social Security Act 1964
4: The Commissioner may compare the information referred to in subsection (2)
5: If, as a result of a comparison under this section, the beneficiary is identified, the Commissioner may supply the tax file number of the beneficiary to a person authorised under section 81(4)(n)
6: A tax file number provided by the Commissioner under subsection (5) Social Security Act 1964
7: In this section, authorised officer Social Security Act 1964 section 82(9)
8: In this section— Beneficiary Beneficiary information
a: Identifies the beneficiary; and
b: Identifies a benefit that the beneficiary is receiving, or has received, or for which the beneficiary has applied: Benefit section 303 of the Education Act 1989
9: A secrecy obligation or other restriction imposed does not prevent the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
2: Subsection (1)
25: Notices of proposed adjustment required to be issued by Commissioner
1: In section 89C(k) taxpayer. taxpayer; or
l: The assessment results from an income statement under Part IIIA
2: Subsection (1)
26: Taxpayers and others with standing may issue notices of proposed adjustment
1: Section 89D(2)
2: A taxpayer that has not furnished a return of income or, if Part IIIA
2: Subsection (1)
27: Assessment where default made in furnishing returns
1: After section 106(1)
1A: Despite Part IIIA section 80E(2)
1B: The tax assessed is payable unless the person to whom an assessment under this subsection relates furnishes a return or an amended income statement under section 89D(2)
1C: Subsection (1A) section 80F
2: Subsection (1)
28: Time bar for amendment of assessment of tax under
Income Tax Act 1994
1: After section 108(1)
1A: Unless subsection (2) or section 108B Part IIIA
2: Subsection (1)
29: Evidence of returns and assessments
1: In section 110(1) return or assessment return, income statement, or assessment
2: In section 110(2) , or section 36A section 36
3: Subsections (1) (2)
30: Commissioner to give notice of assessment to taxpayer
1: After section 111(1)(b)
ba: The assessment is made after a failure by the taxpayer to comply with the taxpayer’s obligations under section 80F
bb: An assessment is deemed to be made under Part IIIA
2: After section 111(6)
7: If requested to do so, the Commissioner must give an assessment to a taxpayer who accepts under section 80F
3: Subsections (1) (2)
31: Definitions
In section 120C(1)
a: In the definition of Date interest starts paragraph (b)
iii: For a taxpayer to whom section 80D :
b: In the definition of Interest period paragraph (b)(ii) liability: liability; and
iii: The date on which the taxpayer can claim the refund, in the case of a taxpayer to whom section 80D .
32: Late filing penalties
1: Section 139A(1)
1: This section applies to tax returns required to be furnished under sections 33, 41 to 44, and 79 annual tax returns regulation 3 of the Accident Rehabilitation and Compensation Insurance (Earnings Definitions) Regulations 1992 section NC 15(1)(a) or (b) or (c) or (d) of the Income Tax Act 1994
2: In subsection (2), paragraph (a)
a: The taxpayer does not provide a completed annual tax return, reconciliation statement, employer monthly schedule on time; and .
3: Subsection (4)
4: The late filing penalty for a reconciliation statement or employer monthly schedule is $250.
4: In subsection (5) paragraph (a)
5: Except in the case of a late filing penalty resulting from an employer monthly schedule, the Commissioner must, not less than 30 days before imposing a late filing penalty— .
5: Subsections (1) to (4)
33: New section inserted
1: After section 139A
139AA: Non-electronic filing penalty
1: This section applies to an employer that is required to comply in a prescribed electronic format with the requirements of section NC 15(1)(a) and (b) of the Income Tax Act 1994
2: An employer is liable to a non-electronic filing penalty if the employer does not furnish the employer monthly schedule in a format that is prescribed.
3: Subsection (2) section 36B(1)
4: The non-electronic filing penalty is the greater of $250 or $1 for each employee employed at any time during the month to which the employer monthly schedule relates.
2: Subsection (1)
34: Due date for payment of late filing penalty
1: In section 142(1)
a: In the words before paragraph (a) The Except in the case of an employer monthly schedule, the
b: Paragraph (a)
a: On the date determined under section NC 17(2) :
c: Paragraphs (c) (d) (e)
c: For the reconciliation statement that is required by regulation 3 of the Accident Rehabilitation and Compensation Corporation Insurance (Earnings Definitions) Regulations 1992 :
2: After section 142(1)
1A: The due date for the payment of a late filing penalty in respect of an employer monthly schedule is—
a: The 5th day of the month next following the month in which the employer was required to furnish the employer monthly schedule for an employer to which section NC 15(1)(b) of the Income Tax Act 1994
b: The 20th day of the month next following the month in which the employer was required to furnish the employer monthly schedule for an employer to which section NC 15(1)(c) or (d)
3: In section 142(2) employer monthly schedule annual tax return
4: Subsection (1)(a)
5: Subsection (1)(b)
6: Subsection (1)(c)
7: Subsections (2) (3)
35: New section inserted
1: After section 142F
142G: Due date for payment of non-electronic filing penalty
1: A non-electronic filing penalty under section 139AA
2: Subsection (1)
36: Absolute liability offences
1: After section 143(3)
4: In this section and in sections 143A and 143B tax return
2: Subsection (1)
37: Employer failing to make tax deductions
1: In section 168(1) paragraphs (a), (b), and (c) paragraphs (a), (b), (c), and (d)
2: Subsection (1)
38: Section 173 repealed
Section 173
39: Remission for reasonable cause
1: Section 183A(1)
1: This section applies to a late filing penalty, a non-electronic filing penalty, a late payment penalty, and imputation penalty tax imposed by section 140B section 140C
1A: The Commissioner may remit the penalty if the Commissioner is satisfied that—
a: A penalty to which this section applies arises as a result of an event or circumstance beyond the control of a taxpayer; and
b: As a consequence of that event or circumstance the taxpayer has a reasonable justification or excuse for not furnishing the tax return or an employer monthly schedule, or not furnishing an employer monthly schedule in a prescribed electronic format, or not paying the tax on time; and
c: The taxpayer corrected the failure to comply as soon as practicable.
2: Subsection (1)
40: Remission consistent with collection of highest net revenue over time
1: In section 183D(1), after paragraph (a)
aa: A non-electronic filing penalty; and.
2: Subsection (1)
41: New section inserted
1: After section 184
184A: Refund of tax paid in excess made by direct credit to bank account
1: Unless subsection (3)
2: When a taxpayer claims a refund, the taxpayer must provide to the Commissioner the particulars of a bank account in New Zealand to which a direct credit of the amount of the refund is to be made.
3: If the Commissioner is satisfied that the application of subsections (1) and (2)
4: In this section, bank account
5: In this section, tax
i: An amount that is defined as tax in section 3(1)
ii: The approved issuer levy (as defined in section 86F of the Stamp and Cheque Duties Act 1971
iii: Cheque duty (as provided for in section 77 of the Stamp and Cheque Duties Act 1971
iv: Financial support (as defined in section 2(1) of the Child Support Act 1991
v: If the borrower has elected a refund under section 56(1A) of the Student Loan Scheme Act 1992 section 2 of that Act
2: Subsection (1)
2: Amendments to
Income Tax Act 1994 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
42: Income Tax Act 1994
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
43: Meaning of term
dividends Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
44: Exclusions from term
dividends Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
45: Meaning of
fringe benefit Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
46: New sections inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
47: Year in which accident compensation levy and employer premium, etc deductible
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
48: Rules for calculating New Zealand group debt percentage
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
49: Concession for on-lending
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
50: Treatment of specified leases
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
51: Sale of trading stock for inadequate consideration
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
52: Group investment funds
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
53: Low income rebate
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
54: Rebate in certain cases for housekeeper
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
55: Rebate in respect of gifts of money
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
56: Determination of net income
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
57: Credit of tax by instalments
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
58: Chief Executive to deliver credit of tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
59: Tax deductions to be credited against tax assessed
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
60: Refund of excess tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
61: Amounts of tax deductions
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
62: Application of tax codes specified in tax code declarations or tax code certificates
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
63: New section inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
64: Payment of tax deductions to Commissioner
Subsection (1): the new section NC 15(1)(b) amended 124(2) Taxation Accrual Rules and Other Remedial Matters) Act 1999 by inserting the expression of the Tax Administration Act 1994 1 April 1999 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
65: Employee to pay deductions to Commissioner
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
66: Assessment and payment of tax
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
67: Bond, etc in lieu of tax deductions in case of certain non-resident employees
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
68: New section inserted
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
69: Cancellation of certificates of exemption
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
70: Non-resident withholding tax to be minimum tax in certain cases
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
71: Definitions
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
72: Meaning of source deduction payment — shareholder-employees of close companies
Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
73: Schedule 14 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
74: Schedule 19 Part 2 repealed 1 April 2005 section YA 2 Income Tax Act 2004
3: Amendments to Estate and Gift Duties Act 1968
75: Estate and Gift Duties Act 1968
This Part amends the Estate and Gift Duties Act 1968
76: Refund of estate duty, penalty, and interest paid in excess
1: After section 60(4)
5: A refund under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
77: Refund of gift duty, penalty, and interest paid in excess
1: After section 89(3)
4: A refund made under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
4: Amendment to Gaming Duties Act 1971
78: Gaming Duties Act 1971
This Part amends the Gaming Duties Act 1971
79: Refund of duty or interest paid in error or in excess
1: After section 13(2)
3: A refund under this section must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994
2: Subsection (1)
5: Amendments to Stamp and Cheque Duties Act 1971
80: Stamp and Cheque Duties Act 1971
This Part amends the Stamp and Cheque Duties Act 1971
81: Refund of duty or penalty on application
1: In section 68
1: If at any time within 8 years after payment of any stamp duty or penalty or within such further time if written application for the refund of the duty or penalty is made by the person entitled to it within that 8 years, the Commissioner may refund the duty or penalty if the Commissioner is satisfied that—
a: The duty or penalty was paid in error or in excess of the amount properly payable; or
b: The duty or penalty was paid on an instrument which on its execution was not a fully operative instrument, and that the instrument failed to become fully operative and was cancelled or destroyed, and that the failure was not due to the act, omission, or default of the person by whom the duty or penalty was paid or to the act, omission, or default of any other person with the consent, acquiescence, connivance, or concurrence of the person by whom the duty or penalty was paid; or
c: The duty or penalty was paid on an instrument of conveyance or a lease which was not carried into effect, whether directly or indirectly, in favour of the person to whom the conveyance is made or the lessee or any person claiming under the person to whom the conveyance is made or the lessee, and was rescinded; or
d: The duty or penalty was paid on an instrument that was inadvertently spoiled, defaced, lost, or destroyed, and that another instrument made in substitution for it between the same parties and for the same purpose was executed and stamped.
2: Subsection (1) sections 81 to 83
82: Refund of cheque duty
1: Section 85 subsection (1)
2: A refund under subsection (1) section 184A of the Tax Administration Act 1994
2: Subsection (1)
83: Refund of levy paid in error or in excess
1: After section 86L(1)
1A: A refund under subsection (1) section 184A of the Tax Administration Act 1994
2: Subsection (1) |
DLM18057 | 1998 | International Finance Agreements Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the International Finance Agreements Amendment Act 1998, and is part of the International Finance Agreements Act 1961 the principal Act
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council. OIC SR 2010/269 2010-10-01 International Finance Agreements Act 1961 Section 1(2) brought into force 1 October 2010 International Finance Agreements Amendment Act 1998 Commencement Order 2010
2: Schedule 1 amended
1: Schedule 1 Section 1
Section 1: Authority to Allocate Special Drawing Rights
a: To meet the need, as and when it arises, for a supplement to existing reserve assets, the Fund is authorized to allocate special drawing rights in accordance with the provisions of Article XVIII
b: In addition, the Fund shall allocate special drawing rights to members that are participants in the Special Drawing Rights Department in accordance with the provisions of Schedule M
2: Schedule 1 Schedule L
M: Special one-time allocation of special drawing rights
1: Subject to 4 below, each member that, as of September 19, 1997, is a participant in the Special Drawing Rights Department shall, on the 30th day following the effective date of the fourth amendment of this Agreement receive an allocation of special drawing rights in an amount that will result in its net cumulative allocation of special drawing rights being equal to 29.315788813 percent of its quota as of September 19, 1997, provided that, for participants whose quotas have not been adjusted as proposed in Resolution No 45-2 of the Board of Governors, calculations shall be made on the basis of the quotas proposed in that resolution.
2:
a: Subject to 4 below, each country that becomes a participant in the Special Drawing Rights Department after September 19, 1997 but within three months of the date of its membership in the Fund shall receive an allocation of special drawing rights in an amount calculated in accordance with (b) and (c) below on the 30th day following the later of: (i) the date on which the new member becomes a participant in the Special Drawing Rights Department, or (ii) the effective date of the fourth amendment of this Agreement.
b: For the purposes of (a) above, each participant shall receive an amount of special drawing rights that will result in such participant's net cumulative allocation being equal to 29.315788813 percent of its quota as of the date on which the member becomes a participant in the Special Drawing Rights Department, as adjusted:
i: first, by multiplying 29.315788813 percent by the ratio of the total of quotas, as calculated under 1 above, of the participants described in (c) below to the total of quotas of such participants as of the date on which the member became a participant in the Special Drawing Rights Department, and
ii: second, by multiplying the product of (i) above by the ratio of the total of the sum of the net cumulative allocations of special drawing rights received under Article XVIII Article XVIII
c: For the purposes of the adjustments to be made under (b) above, the participants in the Special Drawing Rights Department shall be members that are participants as of September 19, 1997 and (i) continue to be participants in the Special Drawing Rights Department as of the date on which the member became a participant in the Special Drawing Rights Department, and (ii) have received all allocations made by the Fund after September 19, 1997.
3:
a: Subject to 4 below, if the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to the membership in the Fund and the participation in the Special Drawing Rights Department of the former Socialist Federal Republic of Yugoslavia in accordance with the terms and conditions of Executive Board Decision No. 10237-(92/150), adopted December 14, 1992, it shall receive an allocation of special drawing rights in an amount calculated in accordance with (b) below on the 30th day following the later of: (i) the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to membership in the Fund and participation in the Special Drawing Rights Department in accordance with the terms and conditions of Executive Board Decision No. 10237-(92/150), or (ii) the effective date of the fourth amendment of this Agreement.
b: For the purposes of (a) above, the Federal Republic of Yugoslavia (Serbia/Montenegro) shall receive an amount of special drawing rights that will result in its net cumulative allocation being equal to 29.315788813 percent of the quota proposed to it under paragraph 3(c) of Executive Board Decision No. 10237-(92/150), as adjusted in accordance with 2(b)(ii) and (c) above as of the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) qualifies for an allocation under (a) above.
4: The Fund shall not allocate special drawing rights under this Schedule to those participants that have notified the Fund in writing prior to the date of the allocation of their desire not to receive the allocation.
5:
a: If, at the time an allocation is made to a participant under 1, 2, or 3 above, the participant has overdue obligations to the Fund, the special drawing rights so allocated shall be deposited and held in an escrow account within the Special Drawing Rights Department and shall be released to the participant upon discharge of all its overdue obligations to the Fund.
b: Special drawing rights being held in an escrow account shall not be available for any use and shall not be included in any calculations of allocations or holdings of special drawing rights for the purposes of the Articles, except for calculations under this Schedule. If special drawing rights allocated to a participant are held in an escrow account when the participant terminates its participation in the Special Drawing Rights Department or when it is decided to liquidate the Special Drawing Rights Department, such special drawing rights shall be canceled.
c: For the purposes of this paragraph, overdue obligations to the Fund consist of overdue repurchases and charges in the General Resources Account, overdue principal and interest on loans in the Special Disbursement Account, overdue charges and assessments in the Special Drawing Rights Department, and overdue liabilities to the Fund as trustee.
d: Except for the provisions of this paragraph, the principle of separation between the General Department and the Special Drawing Rights Department and the unconditional character of special drawing rights as reserve assets shall be maintained. |
DLM426608 | 1998 | Financial Transactions Reporting Amendment Act 1998 | 1: Short Title
This Act may be cited as the Financial Transactions Reporting Amendment Act 1998, and is part of the Financial Transactions Reporting Act 1996 the principal Act
2: Financial institutions to report suspicious transactions
1: This subsection inserted s 15(2)(ca)
2: This subsection amended s 15(3)
3: Protection of persons reporting suspicious transactions
1: This subsection substituted s 17(1) s 17(A)
2: This subsection amended s 17(3)
4: Protection of identity of persons making suspicious transaction reports
1: This subsection inserted s 21(1)(c)
2: This subsection amended s 21(3)
5: Offences
1: This subsection amended s 22(3)
2: This subsection inserted s 22(8)
6: Application of
Privacy Act 1993 This section amended s 28
7: Obligation to keep transaction records
This section inserted s 29(2)(f)
8: Consultation not required for consolidation of certain regulations
This section inserted s 56A
9: New Schedule substituted
This section substituted the Schedule |
DLM426265 | 1998 | Companies Amendment Act 1998 | 1: Short Title
This Act may be cited as the Companies Amendment Act 1998, and is part of the Companies Act 1993 the principal Act
2: Meaning of
redeemable This section substituted s 68
3: Liability of former shareholders
This section amended s 98(6)(b) s 98(6)(c)
4: Annual meeting of shareholders
This section repealed s 120(1)(a)
5: Indemnity and insurance
This section substituted s 162(5)(c)
6: Contents of annual report
1:
a: This paragraph repealed s 211(1)(d)
b: This paragraph amended s 211(1)(f)
c: This paragraph amended s 211(1)(h)
2: This subsection amended s 211(2)
3: This subsection substituted s 211(3) s 211(4)
7: Registrar may alter New Zealand register
This section inserted s 214A
8: Short form amalgamation
This section amended s 222(2)
9: Liquidator to summon meeting of creditors
1:
a: This paragraph amended s 243(1)(a)
b: This paragraph amended s 243(1)(b)
2: This subsection inserted s 243(1A)
3: This subsection amended s 243(2)(b)
4: This subsection amended s 243(4)
5: This subsection inserted s 243(4A)
10: Other duties of liquidator
This section inserted s 255(6)
11: Duties in relation to accounts
This section amended s 256(2)(b)
12: Transactions having preferential effect
1: This subsection amended s 292(5)(b) s 292(5)(c)
2: This subsection amended s 292(6)(b) s 292(6)(c)
13: Voidable charges
1: This section amended s 293(6)(b) s 293(6)(c)
2: This section amended s 293(7)(b) s 293(7)(c)
14: Transactions at undervalue
This section amended s 297(3)(b)(ii) s 297(3)(b)(iii)
15: Transactions for inadequate or excessive consideration with directors and certain other persons
This section amended s 298(4)(b) s 298(4)(c)
16: Mutual credit and set-off
1: This subsection amended s 310(6)(b) s 310(6)(c)
2: This subsection amended s 310(7)(b) s 310(7)(c)
17: Establishment of Liquidation Surplus Account
This section amended s 316(1)
18: Grounds for removal from register
This section amended s 318(1)(e)
19: Service of documents on companies in legal proceedings
This section amended s 387(1)(e) s 387(1)(f)
20: Schedule 1
1: This section amended cl 5(4)(c) cl 5(4)(d)
2: This section amended cl 6(3)
21: Schedule 5
1: This subsection amended cl 2(2)(c) cl 2(2)(d)
2: This subsection substituted cl 3(2) cl 3(2A)
3: This subsection inserted cl 7(1A)
4: This subsection inserted cl 11 |
DLM424991 | 1998 | Biosecurity (Rabbit Calicivirus) Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Biosecurity (Rabbit Calicivirus) Amendment Act 1998, and is part of the Biosecurity Act 1993 the principal Act
2: Section 4 Schedule 4 Hazardous Substances and New Organisms Act 1996
3: Except as provided in subsection (2)
2: Section 21 of Animals Act 1967
1: The organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus, is deemed on and after 24 September 1997 to have been established in New Zealand for the purposes of section 21 of the Animals Act 1967 Schedule 3
2: The organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus, is deemed on and after 24 September 1997 to have been an organism established in New Zealand for the purposes of section 169
3: Validation and revocation of
Biosecurity (Rabbit Calicivirus) Regulations 1997
1: The Biosecurity (Rabbit Calicivirus) Regulations 1997
2: The Biosecurity (Rabbit Calicivirus) Regulations 1997 (SR 1997/203)
4: Organisms illegally present in New Zealand at commencement of
Hazardous Substances and New Organisms Act 1996 This section inserted s 185A(4) |
DLM426231 | 1998 | Armed Forces Discipline Amendment Act 1998 | 1: Short Title
This Act may be cited as the Armed Forces Discipline Amendment Act 1998, and is part of the Armed Forces Discipline Act 1971 the principal Act
2: Regulations
a: This paragraph amended s 205(1)(c)
b: This paragraph repealed s 205(1)(c)(iii) |
DLM433605 | 1998 | Student Loan Scheme Amendment Act (No 3) 1998 | 1: Short Title
This Act may be cited as the Student Loan Scheme Amendment Act (No 3) 1998, and is part of the Student Loan Scheme Act 1992 the principal Act
2: Disclosure of information
1: Section 62 subsection (2)
2: No obligation as to secrecy or other restriction imposed by any enactment or otherwise on the disclosure of information may prevent—
a: An authorised person from disclosing to another authorised person any information required for the purpose of enabling the Commissioner to correctly identify a borrower whose loan is to be transferred from the loan manager to the Commissioner for collection; or
b: The Commissioner from disclosing to the Secretary of Education such information as may be necessary to investigate circumstances in which an authorised person considers—
i: A student loan may have been improperly obtained; or
ii: An attempt has been made to obtain a student loan by improper means.
2A: For the purposes of subsection (2)(b)
a: Particulars of any loan repayments made:
b: The current loan balance:
c: Such particulars as the Commissioner may possess as to the whereabouts of a borrower:
d: Whether a person specified by the Secretary of Education is a taxpayer:
e: In respect of an address specified by the Secretary of Education, the number of borrowers recorded as resident at that address:
f: Any other particulars that the Commissioner considers relevant to the purposes of subsection (2)(b)
2: Section 62 subsection (5) section 82(5)(g) section 81(4)(g)
3: Subsection (2) |
DLM425619 | 1998 | Customs and Excise Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Customs and Excise Amendment Act 1998, and is part of the Customs and Excise Act 1996 the principal Act
2: This Act comes into force on 15 May 1998.
2: Schedule 3 amended
1: The principal Act is amended by repealing so much of Schedule 3 Schedule
2: The Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 1997 (SR 1997/284) |
DLM426823 | 1998 | Protection of Personal and Property Rights Amendment Act 1998 | 1: Short Title
This Act may be cited as the Protection of Personal and Property Rights Amendment Act 1998, and is part of the Protection of Personal and Property Rights Act 1988 the principal Act
2: Appointment of barrister or solicitor by Court
This section substituted s 65(5)(b)
3: Court may call for report on person
This section substituted s 76(5)(b)
4: New sections substituted
This section substituted s 83 s 83A
5: Transitional provision relating to appeals from Family Court to High Court
1: Despite the commencement of this Act, the principal Act applies as if this Act had not come into force, if—
a: The hearing of any appeal has commenced before the date on which this Act comes into force; or
b: The High Court has set down a date for the hearing of an appeal before the date on which this Act comes into force.
2: Despite the commencement of this Act, an appeal against an interim order lodged with the Court before the commencement of this Act does not require the leave of the Court.
6: Consequential amendment
This section amended Schedule 1 Department of Justice (Restructuring) Act 1995 |
DLM18094 | 1998 | Education Amendment Act (No 2) 1998 | 1: Short Title and commencement
1: This Act may be cited as the Education Amendment Act (No 2) 1998, and is part of the Education Act 1989 the principal Act
2: Except as provided in subsection (3), this Act comes into force on the day after the date on which it receives the Royal assent.
3: Sections 7 64
2: Interpretation
This section substituted the definition Enrolment scheme s 2(1)
3: Special education
This section amended s 9(2)
4: Right of reconsideration
1: This subsection inserted s 10(6)(ma)
2: This subsection amended s 10(6)(n)
5: New heading and sections substituted
This section substituted ss 11A to 11Q
6: Consequential amendments and repeals
1: This subsection amended s 18A(2)
2: This subsection amended ss 155(9) and 155(11)
3: This section substituted s 156(7)
4: Sections 3(2) 5
7: New heading and sections substituted
This section substituted ss 13 to 17 ss 17A to 17D s 18
8: Secretary may make rules
This section inserted s 18AA
9: Principal may preclude student for health reasons
This section amended s 19
10: Long term exemptions from enrolment
1: This subsection amended s 21(2)
2: This subsection inserted s 21(8A)
11: Secretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989
This section inserted s 22A
12: Registration and inspection of private schools
This section amended s 35A(1)
13: Suspensions and expulsions of students from private schools to be notified to Secretary
This section inserted s 35AA Special Education Service
The heading repealed 28 February 2002 section 86(3) Education Standards Act 2001
14: Interpretation
Sections 14 15 repealed 28 February 2002 section 86(3) Education Standards Act 2001
15: New sections substituted
Sections 14 15 repealed 28 February 2002 section 86(3) Education Standards Act 2001 Early Childhood Development Unit
This heading was repealed 6 April 2004 section 5(3)(c) Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004
16: Interpretation
Sections 16 17 repealed 6 April 2004 section 5(3)(c) Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004
17: New sections substituted
Sections 16 17 repealed 6 April 2004 section 5(3)(c) Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 Curriculum
18: Interpretation
This section amended s 60
19: National education guidelines
1: This subsection inserted s 60A(aa)
2: This subsection inserted s 60A(2)
3: The following enactments are repealed:
a: Sections 75 84
b: Section 5
4: The following regulations are revoked:
a: The Education (Secondary Instruction) Regulations 1975 (SR 1975/72):
b: The Education (Secondary Instruction) Regulations 1975, Amendment No 1 (SR 1976/33):
c: The Education (Secondary Instruction) Regulations 1975, Amendment No 3 (SR 1977/147):
d: The Education (Secondary Instruction) Regulations 1975, Amendment No 4 (SR 1977/211):
e: The Education (Secondary Instruction) Regulations 1975, Amendment No 7 (SR 1980/118):
f: The Education (Secondary Instruction) Regulations 1975, Amendment No 10 (SR 1986/169):
g: The Education (Secondary Instruction) Regulations 1975, Amendment No 11 (SR 1986/376):
h: The Education (Secondary Instruction) Regulations 1975, Amendment No 14 (SR 1990/168). Assistance for Boards
20: Secretary may require Board to get specialist support
This section inserted s 64A Meaning of school day
21: Exceptions in particular cases
This section inserted ss 65D(3) to 65D(6) School property
22: Occupancy of property and buildings
1: This subsection substituted s 70(1)
2: This subsection substituted s 70(5) and 70(6) School records
23: Enrolment records
This section inserted s 77A Entry and inspection of schools
24: Powers of entry and inspection
1: This subsection substituted s 78A(1) and 78A(2)
2: This subsection amended s 78A(4)
25: Entry where school suspected of being unregistered
This section inserted s 78B Provisions concerning Boards, Commissioners, and establishment of schools
26: Proprietors of integrated schools may vary number of trustees they appoint
This section amended s 94(2) and 94(4)
27: Boards of newly established schools
This section substituted s 98(2)(a)
28: When casual vacancies arise
This section amended s 104(6)
29: Commissioners
1: This subsection inserted s 109(7A) and 109(7B)
2: This subsection inserted s 109(9)
30: Boards may combine
This section amended s 110(1)
31: Each school to be represented on combined Board
1: This subsection amended s 116(1)(a)
2: Section 116(2)
32: Repeal of spent section
Section 140
33: Interpretation
This section inserted in s 145(1) composite school
34: Minister may establish schools
This section inserted s 146(3) and 146(4)
35: Normal schools, etc
This section amended s 148(1)
36: Contributing schools
This section inserted s 150(6) and 150(7)
37: Provision of education at composite schools
This section substituted s 151
38: Minister may change class of school
1: This subsection inserted s 153(1A)
2: This subsection amended s 153(4)
39: Closure of schools
1: This subsection inserted s 154(2A)
2: This subsection inserted s 154(3A)
40: Minister may merge schools
This section substituted s 156A
41: Provision by one Board of tuition for students enrolled at school administered by another
1: This subsection repealed s 158(4)
2: Section 32 Fee disclosure by institutions
42: Tertiary institutions to give prospective students information about fees
This section inserted s 228A
43: Grants to private training establishments
This section amended s 238A(8)(a) Education and training support
44: Interpretation
This section substituted the definition of Agency s 269
45: New sections substituted
1: This subsection substituted ss 270 to 272
2: This subsection amended s 253(c)(i)
3: This subsection amended Schedule 16
4: Even though the term for which a member was appointed may not have expired, each appointed member holding office immediately before the commencement of this section must, if the member's office has not earlier become vacant under clause 2(2) of Schedule 16
a: The day on which the appointment of a successor takes effect:
b: The day on which the sixth member to be appointed after that commencement takes office.
5: Despite clause 1(1) of Schedule 16
46: Powers of Board
This section amended s 276
47: Term of office
This section amended clause 1(1) of Schedule 16 Careers Service
48: Interpretation
This section substituted the definition of the term service s 278
49: Service continued for purposes of Part 22
1: This subsection substituted s 279
2: This subsection amended Schedule 17
50: Continuation of Board
This section substituted s 281
51: Term of office
This section amended clause 1(1) of Schedule 17 Miscellaneous provisions
52: Change of names of education entities
This section inserted s 301A
53: New sections substituted
This section substituted ss 307 307AA
54: Powers of entry and inspection of early childhood centres
1: This subsection substituted s 318(1) and 318(2)
2: This subsection amended s 318(4)
55: Centres situated on property owned by the Crown
1: Section 319
2: This subsection inserted s 319(2) and 319(3) Review of educational services
56: Interpretation
1: This subsection amended the definition of the term applicable service s 323
2: This subsection inserted in s 323 Parent
57: Educational services to which this Part applies
This section inserted s 324(2)
58: New sections inserted
This section inserted ss 328A to 328D Election irregularities
59: Validation and invalidation of elections of Boards
This section substituted clause 9(3) and inserted clause 9(3A) Repeals, amendments, and transitional and savings provisions
60: Consequential repeals
The following enactments are consequentially repealed:
a: Section 130F
b: So much of the Schedule 9 section 130F
c: Sections 8 9
d: Section 6(2)(b)
e: Section 18
61: Amendment to Education Lands Act 1949
1: This subsection amended Section 6(1C)
2: This subsection amended Section 6
3: This subsection amended Section 6(6)
62: Transitional provisions relating to enrolment schemes
1: Despite anything in the principal Act or in the enrolment schemes concerned, every enrolment scheme in place under the principal Act when this section comes into force ( an old scheme
2: A new enrolment scheme (whether or not it is to have effect in place of an old scheme) may be prepared in accordance with Part 2
63: Saving of syllabuses in force under Education Act 1964
Every statement (such as a syllabus) corresponding to a national curriculum statement under section 60A Education Act 1964
64: Transitional provision relating to suspension of students from state schools
1: Despite the repeal of sections 13 to 18 section 7
2: Sections 13 to 18 |
DLM426841 | 1998 | Social Security Amendment Act (No 2) 1998 | 1: Short Title
This Act may be cited as the Social Security Amendment Act (No 2) 1998, and is part of the Social Security Act 1964 the principal Act
2: Interpretation
This section substituted para (a) para (aa) accommodation costs s 61E(1)
3: Special rules for married joint tenants
This section substituted s 61EB
4: Rates of accommodation supplement
This section substituted s 61EC(5)
5: Tenure protection allowance
1: This subsection repealed the proviso to s 61FC(1)
2: This subsection inserted s 61FC(6)
6: Rate of tenure protection allowance
This section amended s 61FD
7: Limitation where applicant receiving another benefit or war pension
This section substituted s 72(a)
8: Commencement of benefits
1: This subsection substituted s 80(4)(a)
2: This subsection amended s 80(5)
3: This subsection amended s 80(8)
9: Calculation of stand down
1: This subsection amended s 80BA(3)(b)
2:
a: This paragraph amended s 80BA(4)(a)(i) (ii)
b: This paragraph amended s 80BA(4)(b)
10: Consequential repeals
The following enactments are consequentially repealed:
a: Section 21(1) Social Security Amendment Act 1978
b: Section 14(4) Social Security Amendment Act 1986
c: Section 26 Social Security Amendment Act 1991
d: Section 5 of the Social Security Amendment Act (No 3) 1992 |
DLM427229 | 1998 | Fisheries (Remedial Issues) Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Fisheries (Remedial Issues) Amendment Act 1998, and is part of the Fisheries Act 1996 the principal Act
2: Sections 5 to 8 14 15 20 21 25 26 28 30 section 1(2)
3: The other provisions of this Act come into force on the day on which this Act receives the Royal assent.
2: Interpretation
1: This subsection amended the definition of the term fishing year
2: This subsection amended the definition of the term total allowable commercial catch
3: Sustainability measures
This section amended s 11(5)
4: Total allowable catch
1: This subsection amended s 13(1)
2: This subsection substituted s 13(2)(b)
3: This subsection amended s 13(4)
4: This subsection amended s 13(7)
5: This subsection amended s 13(8)
6: This subsection inserted s 13(10)
5: Setting and variation of total allowable commercial catch
Section 20(1) , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26
6: Matters to be taken into account in setting or varying any total allowable commercial catch
Section 21 subsection (4)
4: When allowing for Maori customary non-commercial interests under subsection (1)
a: Any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette section 186
b: Any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette section 186A
7: Alteration of quota management areas
Section 25(3) ; and paragraph (d)
e: The quota owners have also notified their intention to seek an alteration to all persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates.
8: Effect on quota if quota management area altered
1: Section 26 subsection (2)
2: Subject to sections 43 and 52 section 25(4)
a: Is to be in the form in which the quota was held immediately before the alteration in the quota management area takes effect; and
b: Takes effect at the same time as that alteration.
2: Section 26(3)(b) paragraph (b)
b: To be given a schedule that sets out the allocation of quota shares to all other quota owners for each new stock by reference to the proportion of shares provided for in the quota owner agreement referred to in section 25(4) .
9: Qualifying years
This section substituted s 33(a)
10: Notification of eligibility to receive provisional catch history
1: This subsection substituted s 35(2)(e)
2: This section amended s 35(3)
3: This section amended s 35(6)
11: Notification of allocation of provisional catch history
This section amended s 36(1)(a)
12: Transfer of provisional catch history
Section 12 repealed 1 October 2001 7 Fisheries Amendment Act 2001
13: Unallocated total allowable commercial catch to be held by Crown
This section amended s 49(3)
14: Rights of Crown in relation to quota
Section 50 subsection (1)
1: Without limiting any other provision of this Act, the chief executive may, on behalf of the Crown,—
a: Purchase any individual transferable quota or provisional catch history:
b: Hold any quota allocated or acquired, or any provisional catch history, without being obliged to offer it to any person:
c: Transfer any individual transferable quota or provisional catch history held by or on behalf of the Crown:
d: Cancel any provisional catch history held by the Crown (and notify the Registrar accordingly).
15: Licensing offences
Section 84 subsection (1)
1: No person may take any fish, aquatic life, or seaweed within the exclusive economic zone using a foreign fishing vessel except—
a: Under the authority of—
i: A licence issued under section 83
ii: If the vessel is used for the purposes of fisheries research or experimentation (including gear and equipment trials) or recreation, the prior written consent of the Minister; and
b: In accordance with any conditions of that licence or consent.
16: Regulations relating to customary fishing
This section substituted s 186(2)(a)
17: Temporary closure of fishing area or restriction on fishing methods
This section inserted s 186A
18: Conversion factors
This section amended s 188(1)
19: Accounts, records, returns, and other information
This section inserted s 190(2)
20: General powers
Section 215(2)(c) to the extent specified in subsection (3) of this section
21: Penalties
1: Section 252(3) paragraph (h)
ha: Section 190(2) .
2: Section 252(5) paragraph (h)
ha: Section 186A(8) .
3: Section 252(5) paragraph (l)
la: Sections 312 and 313 .
4: Section 252(5)
o: Section 369
5: Subsection (5) repealed 1 October 2001 23 Fisheries Amendment Act 2001
22: Consultation on fisheries services required before levy order (other than amending order) made
a: This paragraph amended s 266(2)
b: This paragraph amended s 266(3)
c: This paragraph amended s 266(4)
23: Consultation on services to be performed by outside agencies
This section substituted s 269
24: General regulations
This section amended s 297(1)(p)
25: Prohibition on taking southern scallops for sale outside scallop season
This section inserted s 312(4)
26: Closure of southern scallop fishery
This section inserted s 313(3)
27: Transitional provisions relating to registration of vessels where consent required under
section 57(8) Fisheries Act 1983 This section inserted s 332(6)(ba)
28: Provisions relating to registration of leases
Section 28 repealed 1 October 2001 35(4) Fisheries (Remedial Issues) Amendment Act 2001
29: Transitional offences and penalties
This section amended s 361(1)
30: Allocation of quota for bait
Section 362(6) section 339 section 343
31: Southern scallop enhancement programme
This section amended s 366(1)
32: Allocation of Northland scallop quota
This section inserted s 369(7)
33: Schedule 1
1: This subsection inserted the notes section of Schedule 1
2:
a: This paragraph amended paragraph (d) of the item Fishery Management Area 9—Auckland (West) in Part 1
b: This paragraph amended paragraph (d) of the item Fishery Management Area 2B—Central (Wairarapa) in Part 2
c: This paragraph amended paragraph (d) of the item Quota Management Area CRA 1—Northland in Part 3
d: This paragraph amended the item Quota Management Area CRA 3—Gisborne in Part 3
e: This paragraph amended paragraph (b) of the item Quota Management Area SCA 1—Northland Scallop Fishery in Part 3
34: Schedule 9 This section amended Part 2 Amendments to other Acts, etc
35: Fisheries Act 1983
1: This subsection amended paragraph (a) fishing year
2: This subsection repealed the definition of the term PAU 5A Fisheries Act 1983
3: This subsection substituted the definition of the term quota management area Fisheries Act 1983
4:
a: This paragraph amended ss 28BA(1) 28CA(1) Fisheries Act 1983
b: This paragraph amended s 28BB(1) Fisheries Act 1983
c: This paragraph amended s 28CA Fisheries Act 1983
5: This subsection inserted s 28W(10) Fisheries Act 1983
6: Section 2(3) Fisheries Amendment Act (No 2) 1992
36: Marine Mammals Protection Act 1978 This section inserted s 3H(1)(o) Marine Mammals Protection Act 1978
37: Resource Management Act 1991 This section amended s 30(2) Resource Management Act 1991
38: Fisheries regulations amended
1: This subsection amended rule 1(b) of Schedule 2 of the Fisheries (Catch Against Quota) Regulations 1993 (SR 1993/28)
2: Notwithstanding section 272 regulation 14(2) of the Fisheries (Cost Recovery Levies) Order 1996 (SR 1996/267) regulation 7 of the Fisheries (Cost Recovery Levies) Order 1996
3: The regulations amended by this section may be amended as if the amendments made by this section had been effected by regulation and not by this section. |
DLM427296 | 1998 | Rating Valuations Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Rating Valuations Act 1998.
2: This Act comes into force on 1 July 1998.
2: Interpretation
In this Act, unless the context otherwise requires,— annual value rating unit
a: the rent at which the unit
i: 20% in the case of houses, buildings, and other perishable property; and
ii: 10% in the case of land and other hereditaments:
b: 5% of the capital value of the fee simple of the unit capital value sections 20 21 department district set district plan Resource Management Act 1991 district valuation roll section 7 section 11 valuation roll roll existing roll values
a: as revised in the most recent general revaluation of that roll approved by the Valuer-General under section 11
b: as updated in consequence of any alterations made in connection with that general revision under section 35 section 39 general revaluation rating units section 9 improvements
a: work done or material used
i: the provision of roads or streets, or in the provision of water, drainage or other amenities in connection with the subdivision of the land for building purposes:
ii: the draining, excavation, filling, or reclamation of the land, or the making of retaining walls or other related works:
iii: the grading or levelling of the land or the removal of rocks, stone, sand, or soil:
iv: the removal or destruction of vegetation, or the effecting of any change in the nature or character of the vegetation:
v: the alteration of soil fertility or of the structure of the soil:
vi: the arresting or elimination of erosion or flooding:
b: except in the case of land owned or occupied by the Crown or by a statutory public body, work done or material used on or for the benefit of the land by the Crown or any statutory body except to the extent that it has been paid for by way of direct contribution land Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 land value sections 20 21
a: offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose; and
b: no improvements had been made on the land local authority minerals section 2(1) Minister owner constituting a rating unit ratepayer section 11 rates Local Government (Rating) Act 2002 rating unit sections 5B 5C regional council Local Government Act 2002 registered valuer Valuers Act 1948 territorial authority Local Government Act 2002 valuation services
a: includes—
i: the fixing or altering of the values of any rating unit
ii: the altering of any such value on objection:
iii: the distribution of the rateable value of a rating unit for the purpose of section 27(5)
b: does not include—
i: services in relation to the preparation or maintenance of a district valuation roll that are of a clerical or minor nature only and do not require expertise in the area of valuation:
ii: any services specified for the purposes of this paragraph in rules made under this Act value of improvements 1951 No 19 s 2 Section 2 annual value amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 annual value amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 annual value amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 district amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 equalisation adjustment repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 equalisation certificate repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 general revaluation amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 improvements amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 improvements amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 local authority substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 minerals amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 2 occupier repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 owner amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 ratepayer inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 rates substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 rates-postponement value repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 rating unit inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 special purpose authority repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 special rateable value repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 valuation services amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 2 valuation services substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002
1: Functions and powers of Valuer-General
3: Valuer-General
1: There is from time to time to be appointed under the Public Service Act 2020
2: The Valuer-General reports directly to the Minister on the exercise of his or her functions and powers under this Act. 1951 No 19 s 4 Section 3(1) amended 7 August 2020 section 135 Public Service Act 2020
4: Functions and powers of Valuer-General
1: The functions of the Valuer-General are—
a: to provide technical advice to the Government on valuation issues and on the regulation of the provision of rating valuations:
b: to set minimum quality standards and specifications necessary for the maintenance and upkeep of district valuation rolls in the interests of ensuring a nationally consistent, impartial, independent, and equitable rating valuation system:
c: to monitor and audit rating valuations against the minimum standards and specifications:
d: to certify to local authorities that the district valuation roll meets the minimum standards.
2: The Valuer-General may from time to time—
a: make rules in relation to rating units, rating valuations, district valuation rolls, and the distribution of rateable values, in accordance with section 5
b: audit and monitor local authorities, and those contracted by local authorities to undertake rating valuation services, for compliance with the provisions of this Act and rules and regulations made under this Act, and with any other legislation relating to the valuation of land for rating purposes:
c: require local authorities to collect and provide to the Valuer-General such information as the Valuer-General thinks fit for the purpose of carrying out his or her functions. Section 4(2)(a) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002
5: Valuer-General may make rules setting requirements in relation to valuations and district valuation rolls
1: The Valuer-General may from time to time make rules for all or any of the following purposes:
a: prescribing standards, specifications, and methodologies for the rating valuation process, including—
i: the data which must be gathered and the form in which it is gathered:
ii: the processes which must be followed in gathering the data:
iii: the processes for forwarding that data to the Valuer-General:
b: prescribing who may carry out valuations or provide valuation services for the purposes of this Act:
c: prescribing rules as to the maintenance and content of district valuation rolls (including what constitutes a rating unit in accordance with sections 5B 5C
ca: prescribing rules as to the distribution of rateable values for the purpose of section 27(5)
d: providing for the auditing and monitoring of general revaluations, and of alterations during the currency of a roll:
e:
f: requiring the provision of information to the Valuer-General or any other person or body specified by the Valuer-General relating to valuations, general revaluations,
g: providing for the manner in which any valuation is to be reviewed by a territorial authority as a result of an objection:
h: providing for such other matters relating to valuations and valuation services as are contemplated by or necessary for giving full effect to the provision of this Act or as may be necessary or desirable to allow the Valuer-General to perform his or her functions under this Act or any related Act.
2: Any such rules may—
a: provide for when any valuation is to take effect:
b: apply generally throughout New Zealand, or only to such local authority or authorities or such district or districts as may be specified in the rules:
c: exempt from their application any territorial authority which has commenced a general revaluation until the completion of that general revaluation.
3: Before making any rules under this section, the Valuer-General must—
a: publish a notice of his or her intention to make the rules in daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively, and also publish the notice in the Gazette
b: give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposed rules; and
c: consult with such persons or groups representative of valuers, local authorities, and other interested persons as the Valuer-General thinks appropriate having regard in each case to the content and effect of the proposed rules.
4:
5:
6: 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 • make it available to be inspected and obtained • notify it 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 5(1)(c) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5(1)(ca) inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5(1)(e) repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5(1)(f) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
5A: Meaning of
record of title In sections 5B 5C record of title
a: issued under the Land Transfer Act 2017
b: issued under the Unit Titles Act 2010
c: issued under the Land Transfer Act 2017
i: an undivided share in an estate in fee simple; and
ii: an estate in leasehold of a building or part of a building on, or to be erected on, land comprised in the estate in fee simple under subparagraph (i). Section 5A inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5A heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5A amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5A(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5A(b) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 5A(c) amended 12 November 2018 section 250 Land Transfer Act 2017
5B: What constitutes rating unit if there is
record of title
1: For land for which there is a record of title record of title
2: However, the Valuer-General may make rules under section 5(1)(c)
a: 2 or more records of title
b: part of a record of title
3: The Valuer-General may make rules—
a: under subsection (2)(a) only for land—
i: that is owned by the same person or persons; and
ii: that is used jointly as a single unit; and
iii: that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and
b: under subsection (2)(b) only for land—
i: that is—
A: owned by the Crown; or
B: surveyed and subject to a separate lease registered under section 91
C: Māori freehold land subject to an occupation order made by the Māori Land Court under section 328
ii: that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate record of title
4: If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit. Section 5B inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5B heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5B(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5B(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5B(2)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5B(3)(b)(i)(B) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5B(3)(b)(ii) amended 12 November 2018 section 250 Land Transfer Act 2017
5C: What constitutes rating unit if there is no
record of title
1: For land for which there is no record of title
a: for land owned by the Crown, a rating unit is the land that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a record of title
b: for land not owned by the Crown, a rating unit is,—
i: if an instrument exists, the land described in the instrument; or
ii: if an instrument does not exist, the land that it would be appropriate, in the opinion of the Valuer-General, to sell or transfer as a separate property.
2: The Valuer-General must make rules under section 5(1)(c)
3: The rules must be consistent with the principles in subsection (1).
4: Despite subsection (3), the rules may include rules for the purposes of determining whether particular land in subsection (1) comprised in the following constitutes a rating unit:
a: 2 or more pieces of land (which may include 1 or more pieces of land comprised in a record of title
b: part of a piece of land.
5: The Valuer-General may make rules—
a: under subsection (4)(a) only for land—
i: that is owned by the same person or persons; and
ii: that is used jointly as a single unit; and
iii: that is contiguous or separated only by a road, railway, drain, water race, river, or stream; and
b: under subsection (4)(b) only for land—
i: that is—
A: owned by the Crown; or
B: Māori freehold land subject to an occupation order made by the Māori Land Court under section 328
ii: that it is appropriate, in the opinion of the Valuer-General, to treat as if comprised in a separate record of title
6: If land in a rating unit is in 2 or more districts, the part in each district constitutes a separate rating unit.
7: In this section, instrument
a: means an instrument under which ownership of the land is registered or recorded; and
b: to avoid doubt, includes an order made by the Māori Land Court determining ownership of land. Section 5C inserted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 5C heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5C(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5C(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5C(4)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5C(5)(b)(ii) amended 12 November 2018 section 250 Land Transfer Act 2017
2: District valuation rolls
6: District valuation rolls to be used as basis for rating
Section 6 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
7: Territorial authorities to prepare and maintain district valuation rolls
1: Each territorial authority must prepare and maintain a district valuation roll for its own district in accordance with rules made under this Act.
2: Each roll must contain the information in respect of each rating unit within the district that is required by the rules.
3: Where the boundaries of the district of a territorial authority are altered, or a new district is constituted, the relevant territorial authorities must prepare such new rolls or make such alterations in existing rolls as may be necessary to give effect to the provisions of this Act.
4: 1951 No 19 s 8 Section 7(2) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 7(4) repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
8: Persons who may provide valuations
1: All valuation services required by this Act must be carried out by a registered valuer or by some other person or body of a class approved for the purpose by rules made under this Act.
2: A local authority must notify the Valuer-General of each person or body who is to undertake valuation services for it in the manner specified in rules made under this Act. General revaluations
9: General revaluation of rolls at 3-yearly intervals
1: A territorial authority must revise its district valuation roll at intervals of not more than 3 years by revaluing every rating unit
2: Any such general revaluation is to be undertaken on the basis of values as at such date as is determined by the territorial authority and advised to the Valuer-General.
3: Any such general revaluation must comply with rules made by the Valuer-General for the purpose.
4:
5:
6:
7: 1951 No 19 ss 9–11 2022-06-30 Rating Valuations Act 1998 Section 9(4) to (7) are repealed on 30 June 2022. 2021-06-30 Rating Valuations Act 1998 Section 9(4) to (7) are repealed on 30 June 2021. Section 9(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 9(4) repealed 30 June 2022 Section 9(5) repealed 30 June 2022 Section 9(6) repealed 30 June 2022 Section 9(7) repealed 30 June 2022
10: Territorial authority to supply details of general revaluation to Valuer-General
A territorial authority must supply to the Valuer-General, within the time required by the Valuer-General or by rules made under this Act,—
a: such information as to the values and valuation bases that are proposed to be implemented or used in the general revaluation as are specified in rules made under this Act; and
b: such other related information as may be required by the Valuer-General or by rules made under this Act.
11: Valuer-General's approval required before general revaluation may be implemented
1: As soon as reasonably practicable after receipt of all information required under section 10
a: certify his or her approval of the general revaluation, and notify the territorial authority accordingly; or
b: notify the territorial authority that he or she declines to approve implementation of the general revaluation on the basis that it does not meet appropriate standards, giving reasons and specifying the areas where correction or improvement is required before approval will be given under this section.
2: No rate may be assessed Section 11(2) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
12: General revaluation to be publicly notified upon completion
1: Upon the Valuer-General's certification of a general revaluation of its district valuation roll, the territorial authority must forthwith give public notice that—
a: the roll is open for inspection, free of charge, at the principal public office of the territorial authority, or at another convenient specified place, during ordinary office hours or such other hours as may be specified in the notice; and
b: objections to the roll must be lodged within the time fixed in regulations made under this Act.
2: The roll must be kept available for inspection until the period allowed for objections has expired.
3: The roll available for public inspection must not include the name of any person (unless necessary for identifying the rating unit) or any address other than the street address of the rating unit. 1951 No 19 s 18A Section 12(3) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002
13: Notice of general revaluation to owners and occupiers
A territorial authority must give to the owner of each rating unit and ratepayer for the rating unit (if different)
a: a notice of the valuation placed on that land in a general revaluation; and
b: information as to the right of the owner or ratepayer 1951 No 19 s 18 Section 13 amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 13(b) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Alterations to rolls
14: Alterations during currency of rolls
1: A territorial authority may at any time, of its own motion or on the application of the owner of, or ratepayer for (if different), a rating unit
a: in the manner and circumstances specified in rules made under this Act; and
b: in accordance with any procedure specified in the rules.
2: Any change in the valuation of a rating unit
a: must preserve uniformity with existing roll values of comparable parcels of land; and
b: must be notified to the affected owner or ratepayer section 17 section 32
3: A territorial authority that alters its district valuation roll under subsection (1) must as soon as is reasonably practicable notify that alteration to all other local authorities that use the roll for the purpose of their rating information database 1951 No 19 ss 12, 15 Section 14(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 14(2) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 14(2)(b) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 14(3) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
15: Alteration may be backdated in case of certain omissions
1: Subsection (2) applies if, for any reason,—
a: the value of the rating unit does not appear in a current district valuation roll, either separately or as part of a larger area; or
b: the value of a rating unit, or of any thing forming part of the unit, has not been included in the value of the unit as it appears in the current district valuation roll.
2: The value for the unit or thing must be entered on the valuation roll as from the end of the financial year that precedes the date on which the value is actually entered on the roll.
3: Nothing in subsection (2) authorises the entry on a district valuation roll of any thing as at a date earlier than the existence or commencement of the thing. Section 15 substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002
16: New valuation on request
1: An owner of, or a ratepayer for (if different), a rating unit may, by written notice to a territorial authority, request the territorial authority to make a new valuation of the unit for the purpose of the district valuation roll.
2: The reasonable costs of the valuation are payable by the applicant, and the territorial authority may require those costs to be paid before undertaking the valuation.
3: The new valuation—
a: is to be made so as to preserve uniformity with existing roll values of comparable parcels of land; and
b: is otherwise to be made in accordance with rules made under this Act.
4: A new valuation under this section, or any refusal to make or alter a valuation under this section, must be notified to the owner and the ratepayer (if different) section 17 section 32
5: For the purposes of section 6(2) 1951 No 19 s 41 Section 16(1) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 16(4) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
17: Notice of alterations, etc, to owner and ratepayer
1: Subsection (2) applies if an entry in the district valuation roll has been altered under section 14 section 16 section 16
2: A territorial authority must give to the owner of each rating unit and the ratepayer for the unit (if different)—
a: a notice of the alteration, refusal, or unchanged value; and
b: information as to the right of the owner or ratepayer to object to the alteration, refusal, or unchanged value and as to the manner in which an objection may be lodged. Section 17 substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Equalisation certificates and special rating areas Heading repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
18: Equalisation certificates and special rating areas under Rating Powers Act 1988
Section 18 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
19: Valuer-General's approval required before rating may proceed on basis of equalisation certificate or special rating area
Section 19 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
3: Special provisions relating to determination of rateable values
20: Value of trees and minerals
1: The value of any trees is not to be included in any valuation under this Act unless the trees are fruit trees, nut trees, vines, berryfruit bushes, or live hedges.
2: The value of any fruit trees, nut trees, vines, berryfruit bushes, or live hedges is not to be taken into account in assessing the land value of any rating unit
3: The value of any minerals is not to be included in any valuation under this Act unless the owner of, or ratepayer for (if different), the rating unit 1951 No 19 s 28(3) Section 20(2) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 20(3) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
21: Value of land subject to lease
1: For the purpose of determining under this Act the capital value or land value or annual value of a rating unit
a: regard is to be had to the desirability for rating purposes of preserving uniformity with contemporaneous roll values of comparable parcels of land; and
b: any lease provisions or circumstances particular to the property concerned that do not reflect the prevailing market conditions at the date of valuation are to be disregarded.
2: This section applies for the purposes of determining valuations for the purposes of this Act and the Local Government (Rating) Act 2002 Section 21(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 21(2) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
22: Rates-postponement values of farmland
Section 22 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
23: Special rateable values of industrial or commercial land in residential or rural areas
Section 23 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
24: Special rateable values of residential land in commercial or industrial areas
Section 24 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
25: Special rateable values of single or double-unit dwellings where values influenced by demand for multi-unit housing
Section 25 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
26: Special rateable values of existing use properties
Section 26 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
27: Special rateable values of land subject to special preservation conditions
Section 27 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
28: Rates-postponement or special rateable value need not be determined unless likely to be lower than normal rateable value
Section 28 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
29: When rates-postponement and special rateable values to be entered in valuation roll
Section 29 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
30: Land ceasing to be used for purpose for which rates-postponement or special rateable value determined
Section 30 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
31: Notice to owners and occupiers in relation to rates-postponement or special rateable value
Section 31 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
4: Objections
32: Objection by owner or
ratepayer
1: An owner or ratepayer (if different) may object to any information contained in a notice of valuation or to any other decision required to be notified to the owner or ratepayer under section 13 section 17
2: The objection must be made within the time and in the manner specified in regulations made under this Act. 1951 No 19 s 18(2) Section 32 heading amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 32(1) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002
33: Objection by other persons
1: A person who is the owner of, or ratepayer for (if different), a rating unit
2: The objection must be made within the time and in the manner specified in regulations made under this Act.
3: The person must notify the owner of, and ratepayer for (if different), the rating unit Section 33(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 33(3) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
34: Objection to be initially reviewed by valuer
1: The territorial authority must refer an objection made under section 32 section 33
2: The person to whom the objection is referred may be the same person who undertook the valuation or made the decision objected to.
3: Any review under this section must be conducted in accordance with any rules made under this Act.
4: On conclusion of the review, the territorial authority may determine to—
a: alter the valuation; or
b: decline to alter the valuation.
5: Where the territorial authority determines to alter the valuation—
a: it is to alter the district valuation roll accordingly; and
b: the alteration takes effect on and from the date on which the valuation objected to would have taken effect had no objection been made. Section 34(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
35: Notification of result of review
1: The territorial authority must give the objector written notice of—
a: its decision on a review under section 34(4)
b: the objector's right to require the objection to be heard by a Land Valuation Tribunal and of the manner of exercising that right.
2: The territorial authority must also notify the following persons of the matters that are specified in subsection (1) (unless they are the objector):
a: the owner of the rating unit:
b: the ratepayer for the rating unit (if different from the owner).
3: If no notice to take the matter further is given under section 36
a: the decision of the territorial authority is to be treated as having been assented to by the objector, and as the case may require the owner or ratepayer (if different)
b: the decision of the territorial authority is to be taken as final and conclusive. 1951 No 19 s 20(2)–(5) Section 35(2) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 35(3)(a) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
36: Persons affected may require objection to be heard by Land Valuation Tribunal
Any affected person (including the territorial authority) who is dissatisfied with a review under section 34 section 35
a: filing the objection in the office of the District Court in which the objection is required by section 21
b: serving a copy of the objection on the territorial authority (except where it is the territorial authority that is dissatisfied with the review); and
c: if appropriate, serving a copy of the objection on the owner of, and ratepayer for (if different), the rating unit 1951 No 19 s 20 Section 36(c) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
37: Valuer-General may object to any valuation, or join proceedings
1: The Valuer-General may at any time—
a: object to any valuation made under this Act, in the manner specified in regulations made under this Act:
b: object to any valuation determined on review under section 34 section 36
c: as of right, join as a party in any proceedings in a Land Valuation Tribunal, and any subsequent or related court proceedings.
2: Where the Valuer-General wishes to have his or her objection heard by a Land Valuation Tribunal, the Valuer-General commences proceedings by—
a: filing the objection in the office of the District Court in which the objection is required by section 21
b: serving a copy of the objection on—
i: the territorial authority concerned; and
ii: the owner of, and the ratepayer for (if different), the rating unit
iii: where appropriate, the original objector (if not the owner or ratepayer (if different) Section 37(2)(b)(ii) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 37(2)(b)(iii) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
38: Proceedings of Land Valuation Tribunal
1: The presence of at least a District Court Judge and a registered valuer who is a member of a Tribunal is necessary to constitute a sitting of the Tribunal for the purpose of hearing an objection made under this Act.
2: The onus of proof on any objection rests with the objector.
3: In any proceedings before a Tribunal a local authority may be represented by a person who provides or has provided valuation services to the local authority, or an officer or employee of such a person, notwithstanding that the person, officer, or employee is not an officer or employee of the local authority, and the statement of any such person, officer, or employee that he or she appears by authority of the local authority is to be accepted as sufficient evidence of that authority.
4: A Tribunal may award such costs against the relevant party as it considers reasonable if—
a: the party fails to appear at the time fixed for any hearing of an objection before the Tribunal or fails to give adequate notice of the abandonment or settlement of the objection; or
b: the Tribunal considers the objection frivolous or vexatious.
5: Subject to this section, the Land Valuation Proceedings Act 1948 1951 No 19 s 20(7), (8)
39: Territorial authority to give effect to decisions of Tribunal
Except in any case where there is an appeal lodged against a Tribunal's decision, or where the Tribunal otherwise directs,—
a: a territorial authority must, where appropriate, alter its district valuation roll to reflect any decision of a Land Valuation Tribunal; and
b: any such alteration takes effect on and from the date on which the valuation objected to would have taken effect had no objection been made. 1951 No 19 s 21
40: Valuation may be acted on while appeal pending
1: The fact that an appeal is pending does not in the meantime interfere with or affect the decision of the Land Valuation Tribunal that is the subject of the appeal, and rates may be set, assessed
2: 1951 No 19 s 24 Section 40(1) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 40(2) repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
5: Miscellaneous provisions
41: Copies of entries in rolls available to public
1: A territorial authority must supply a certified copy of any entry in its district valuation roll to any person who requests it and pays the prescribed fee.
2: The certified copy must contain such matters as are required by rules or regulations made under this Act.
3: The certified copy must not include the name of any person or any address other than the street address of the rating unit. 1951 No 19 s 40 Section 41(3) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002
42: Territorial authorities to maintain and supply information to Valuer-General
A territorial authority must—
a: keep and maintain all information and documents required to be kept and maintained by it, by or under this Act, to the standard set in rules made under this Act; and
b: supply such information and documents to the Valuer-General at the Valuer-General's request without charge.
43: Regional councils to share costs of maintaining district valuation rolls
1: A regional council must pay annually to each of its constituent territorial authorities a share of the costs of the territorial authority in preparing and maintaining its district valuation roll.
2: The regional council's annual share of the costs in any particular case is to be an amount determined having regard to the formula in subsection (3), or such other amount as is agreed between the council and the relevant territorial authority.
3: The formula referred to in subsection (2) is as follows: [b ÷ (a + b)] × c where— a is the average annual gross revenue generated from rates for the last 3 financial years by the territorial authority; and b is the average annual gross revenue generated from rates for the last 3 financial years by the regional council within the district of the territorial authority; and c is all the costs incurred by the territorial authority in the relevant year in preparing and maintaining its district valuation roll in respect of the information that is required by, or requested by, the regional council or necessary for the preparation or maintenance of that information
4: In determining generally how to undertake its valuation services, a territorial authority must—
a: consult with the relevant regional council; and
b: have regard to the views of the regional council in its choice of service provider.
5: A territorial authority must, without charge, provide a copy of its district valuation roll that contains the information that is required by, or requested by, a regional council to that regional council on request.
6: If the territorial authority and the regional council cannot agree on the amount of the share of costs determined having regard to the formula in subsection (3), that amount is to be determined by arbitration in accordance with the Arbitration Act 1996 Section 43(3) formula item c amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 43(5) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002
44: Territorial authorities may be required to supply valuation services for equalisation certificates and special rating areas
Section 44 repealed 31 March 2002 section 137(1) Local Government (Rating) Act 2002
45: Powers of entry
1: Every person appointed or engaged by a local authority for the purpose of carrying out valuations under this Act, and the Valuer-General or any person authorised by the Valuer-General for the purpose, may at any reasonable time during a day other than a Sunday or a public holiday enter on any land for the purpose of making a valuation of the land or for the purpose of carrying out the functions of the Valuer-General set out in section 4
2: Subsection (1) does not authorise any person to enter a building except with the consent of the person appearing to be in charge of the building.
3: A person exercising a power of entry under this section must produce to the person appearing to be in charge of the land written evidence of the authorisation to enter—
a: if practicable, on first entering the land; and
b: whenever subsequently reasonably required to do so by that person.
4: The evidence of authorisation to enter referred to in subsection (3) must contain—
a: a reference to this section; and
b: the name of the authorised person; and
c: a statement of the powers conferred by subsection (1) on the authorised person.
5: The owner or occupier or manager of the land must answer any question put by any person authorised by subsection (1) to enter the land, and generally supply all necessary information to enable a correct valuation to be made and the valuation roll to be prepared, revised, and altered.
6: Despite subsection (5), no person need answer any question or supply any information that the person would not be obliged to answer or supply as a witness in proceedings in any court of law.
7: A person commits an offence if that person—
a: in any way obstructs or hinders any other person in the exercise of his or her functions under this section; or
b: refuses or fails to answer any question or to supply any requested information in his or her possession.
8: A person who commits an offence under subsection (7) is liable on
a: a fine not exceeding $5,000, in the case of an individual:
b: a fine not exceeding $10,000, in the case of a body corporate. 1951 No 19 s 7 Section 45(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
46: Provisions relating to notices
1: Any notice required to be given by any of sections 13 14 16 17 31
2: The failure of a territorial authority to give notice under any of those sections does not invalidate a valuation.
3: Subsections (4) to (7) apply to a notice required to be sent by this Act.
4: The notice must be in writing and must be sent or delivered—
a: personally; or
b: by post addressed to the person at the person's—
i: postal address as notified to the local authority by the person; or
ii: last known business or residential address; or
c: by fax addressed to the person at the person's fax number; or
d: by any other means (including electronic means) acceptable to the person.
5: A notice that is posted to a person must be treated as received by that person not later than 7 days after the date on which it is posted.
6: A notice that is sent to a person at a fax number or electronic address must be treated as received by that person not later than 2 days after the date on which it is sent.
7: However, a notice must not be treated as received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on the person's part. 1951 No 19 ss 18(1), 20(3) Section 46(3) substituted 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 46(4) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 46(5) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 46(6) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 46(7) added 31 March 2002 section 137(1) Local Government (Rating) Act 2002
47: Delegation of Valuer-General's functions and powers
The Valuer-General may under clauses 2 3
a: any power conferred on the Valuer-General by statute, other than the power to make rules under section 5
b: any power delegated to the Valuer-General by a Minister of the Crown. 1951 No 19 s 5A Section 47 amended 7 August 2020 section 135 Public Service Act 2020
48: Appearance in legal proceedings of Valuer-General
The Valuer-General may appear either personally or by a barrister or solicitor or any officer of the department in any court or in any other proceedings, and the statement of any such barrister or solicitor or officer that he or she appears by authority of the Valuer-General is to be accepted as sufficient evidence of that authority. 1951 No 19 s 47
49: Expenses of administration of Valuer-General
1: All expenses incurred by the Valuer-General in the administration of this Act are to be met from—
a: any appropriation by Parliament for the purpose; and
b: any charges or levies imposed on local authorities pursuant to regulations made under section 52(1)(b)
2: All monies received by the Valuer-General under this Act are to be paid into a Departmental Bank Account.
3: Subject to section 73 a Crown Bank Account 1951 No 19 s 49 Section 49(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989
50: Delegation of functions and powers of territorial authority
1: A local authority may delegate to any officer or employee of the local authority any of its functions and powers under this Act.
2: Section 50(2) repealed 1 July 2003 section 262 Local Government Act 2002
51: Sale of information obtained under Act not prevented by Copyright Act 1994
Nothing in the Copyright Act 1994 local authority Section 51 amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002
52: 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 the matters in respect of which fees or charges are payable under this Act, the amounts of any fee or charge, or the method or rates by which they are to be assessed, the persons liable for payment of the fees or charges, the method of recovery of any fees or charges, and the circumstances in which the payment of the whole or any part of the fees or charges may be remitted or waived:
b: imposing charges or levies on local authorities to be paid to the Valuer-General in respect of the exercise of his or her functions under this Act, and prescribing the amount or method of calculation of any such charge or levy and the manner of its collection:
c: prescribing the time and manner in which notices are to be given under this Act:
d: prescribing the time within which and the manner in which objections are to be lodged, including prescribing forms:
e: specifying the matters on which any person is required to provide any information (including requiring any vendor to notify the Valuer-General of the sale price of any property) for the purposes of this Act:
f: prescribing limitations or prohibitions on the bulk provision of district valuation roll information for purposes outside the purposes of this Act or the Local Government (Rating) Act 2002 Local Government (Rating) Act 2002
g: creating offences in respect of the contravention of or non-compliance with any regulation made under this Act, and providing for the imposition of penalties not exceeding $5,000:
h: 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: Different fees and charges, or different methods or rates for assessing fees and charges, may be prescribed under subsection (1)(a) in respect of different classes of person.
3: Any charge or levy imposed by regulations made under subsection (1)(b)—
a: must be reasonable having regard to the expenses incurred or to be incurred by the Valuer-General in the exercise of his or her functions and powers under this Act in relation to the local authority on whom the charge or levy is imposed; and
b: is payable to the Valuer-General and recoverable in any court of competent jurisdiction as a debt due to the Valuer-General.
4: The Minister may not recommend the making of an Order in Council that imposes or increases a fee or charge unless the Minister has previously consulted the New Zealand Local Government Association Incorporated on the matter.
5: Regulations under this section are secondary legislation ( see Part 3 1951 No 19 s 48 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 52(1)(f) amended 31 March 2002 section 137(1) Local Government (Rating) Act 2002 Section 52(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeals and amendments
53: Repeals
The enactments listed in Schedule 1
54: Amendments to other Acts, etc
1: The enactments specified in Schedule 2
2: Amendment(s) incorporated in the rules Savings
55: References to Valuer-General in leases and other documents
1: Where any lease or other document provides for the rent or other matter under the lease or other document to be determined by the Valuer-General, all references to the Valuer-General in the lease or other document are to be read as references to a registered valuer nominated by the President of the New Zealand Institute of Valuers.
2: Despite subsection (1), where any lease administered by the Maori Trustee contains a provision whereby the Valuer-General is requested to recommend a rental, the lease is to be read as if the rental were that determined by a valuation by a registered valuer chosen in accordance with the following provisions:
a: the Maori Trustee must—
i: nominate a registered valuer to conduct the valuation; and
ii: notify the lessee in writing of the name of the registered valuer:
b: if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation:
c: if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers.
3: Any reference in a lease administered by the Maori Trustee to the term special government valuation is to be read as a reference to the term special valuation, and any reference to the Valuer-General is to be read as a reference to a registered valuer agreed by the parties or, failing agreement, nominated by the President of the New Zealand Institute of Valuers.
56: References to this Act, etc
1: Unless the context in any case otherwise requires, references to this Act or any provision of this Act in this Act or in any of the enactments amended by section 54 Valuation of Land Act 1951
2: Unless the context otherwise requires,—
a: references to a registered valuer in any of the enactments amended by section 54
b: where any matter involving requirements on or actions of the Valuer-General in relation to valuations has been started but not concluded under any such enactment by the date of commencement of this Act then, if it is impractical for the matter to be concluded under the relevant enactment by the appointment of another registered valuer to replace the Valuer-General, the requirements or action in relation to valuations may be concluded by a registered valuer appointed by the Valuer-General after consultation with the President of the New Zealand Institute of Valuers.
57: Savings relating to proceedings
1: All proceedings that, immediately before the commencement of this Act, were pending by or against or which could have been brought by or against or in respect of the chief executive of the Valuation Department may be carried on, completed, or enforced by or against or in respect of the Attorney-General or such chief executive or other person as the Attorney-General may certify for the purposes of this section.
2: All proceedings that—
a: immediately before the commencement of this Act were pending by or against or which could have been brought by or against or in respect of any person other than the chief executive of the Valuation Department; and
b: relate to anything done or omitted to be done by or against or in relation to that person in the performance of functions or powers of the chief executive of the Valuation Department, whether as an employee of the relevant ministry or otherwise,— may be carried on, completed, or enforced by or against or in respect of the Attorney-General or such chief executive or other person as the Attorney-General may certify for the purposes of this section.
58: Saving of pre-1971 definitions of improvements and value of improvements in certain cases
The repeal of the Valuation of Land Amendment Act (No 2) 1970 section 53 section 8(5) to (8) of that Act section 2 or section 3 of that Act Transitional provisions relating to valuation rolls
59: Existing valuation rolls to continue in force
1: Every valuation roll prepared under the Valuation of Land Act 1951
a: in the case of the district valuation roll of a territorial authority, a general revaluation of that roll takes effect under this Act:
b: in the case of a valuation roll of a local authority other than a territorial authority, the roll is revised in accordance with this Act.
2: Until a district valuation roll that continues in force under subsection (1)(a) ceases to be in force by reason of a general revaluation taking effect,—
a: every valuation roll of a special purpose authority that is compiled from the district valuation roll pursuant to any enactment and is in force immediately before the commencement of this Act continues in force; and
b: a valuation roll of any special purpose authority may be compiled from that district valuation roll pursuant to any enactment; and
c: alterations may be made in any such valuation roll in accordance with this Act.
3: Any district valuation roll that was in force immediately before the commencement of this Act is deemed to have been approved by the Valuer-General under section 11
60: Territorial authorities may be required to use services of Valuation New Zealand Limited until 1 September 2000
1: Subject to subsections (2) and (3),—
a: all valuation services required by a territorial authority in respect of general revaluations and maintenance of its district valuation rolls up to and including the date 1 September 2000 are to be contracted out to Valuation New Zealand Limited; and
b: any such contract is to extend beyond 1 September 2000 to the extent required to allow for the undertaking and completion of objections in respect of general revaluations made on or before that date, or for the undertaking and completion of further work needed to obtain the Valuer-General's approval for such general revaluations.
2: Subsection (1) does not apply to—
a: any territorial authority if and to the extent that it is exempted from that subsection by the Valuer-General by notice in the Gazette section 61
b:
3: For such time as a territorial authority is required to use the valuation services of Valuation New Zealand Limited under subsection (1), the date as at which a general revaluation of its district valuation roll must be undertaken is 1 September or such other date as the Valuer-General determines. Section 60(2)(b) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
61: Valuer-General and New Zealand Local Government Association to agree on which territorial authorities need not use Valuation New Zealand Limited
1: The Valuer-General and the New Zealand Local Government Association Incorporated may from time to time consult with each other and agree on how many and which territorial authorities are to be exempt from the requirements of section 60(1)
2:
3: If the Valuer-General and the Association cannot agree by 1 July in the relevant year as to the number and identity of territorial authorities to be exempt from section 60(1)
4: Where agreement is reached under subsection (1) or a decision is made under subsection (3), the Valuer-General must as soon as practicable, by notice in the Gazette
a: the territorial authorities to be exempted from section 60(1)
b: the date from which the exemption starts; and
c: any other details relating to the exemption.
5: Any exemption under this section may exclude from its ambit matters (including the undertaking and completion of objections) relating to valuation services that relate back to valuations made pursuant to an earlier contract between Valuation New Zealand Limited and the relevant territorial authority. Section 61(2) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
62: Saving for Auckland City Council
1: Nothing in section 42
2: The Valuer-General may, whether by contract with Valuation New Zealand Limited or otherwise,—
a: arrange for the provision of valuation services in respect of the maintenance of the district valuation roll of Auckland City up until 1 July 1999; and
b: recover from the Auckland Regional Council such reasonable share of the costs of providing those services as may be agreed between the Valuer-General and the Regional Council (or, failing agreement, as may be determined by arbitration in accordance with the Arbitration Act 1996
63: Saving in respect of rules made on or before 1 August 1998
Nothing in section 5(3) |
DLM426039 | 1998 | Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 | 1: Short Title and commencement
1: This Act may be cited as the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998.
2: This Act comes into force on the day on which it receives the Royal assent.
1: Amendments to
Copyright Act 1994
2: Part to be part of
Copyright Act 1994 This Part is part of the Copyright Act 1994 principal Act
3: Interpretation
This section inserted the definition of the term graphic work s 2(1)
4: Meaning of
issue to the public This section amended s 9(1) s 9(1)(d)
5: Meaning of
infringing copy
1: This subsection substituted s 12(3)
2: This subsection inserted s 12(5A)
6: Criminal liability for making or dealing with infringing objects
1: This subsection substituted s 131(5)
2: This subsection repealed section 131(8)
7: Definitions—border protection measures
This section inserted para (c)(ia) pirated copy s 135
8: Notices to Chief Executive concerning importations of parallel imports
1: The principal Act is amended by repealing section 144
2: Any notices given under section 144
9: No compensation for diminution in rights attaching to copyright
No person is entitled to compensation from the Crown in respect of any diminution in the rights attaching to copyright that may arise by virtue of the enactment of this Part of this Act.
2: Amendments to Medicines Act 1981
10: Part to be part of
Medicines Act 1981 This Part is part of the Medicines Act 1981 principal Act
11: Restrictions on sale or supply of new medicines
This section substituted s 20(4)
12: Distribution of changed medicines restricted
This section inserted s 24(7)
13: Duty of importer and manufacturer to have and produce specifications of medicines
This section substituted s 42(3) |
DLM264952 | 1951 | Fees and Travelling Allowances Act 1951 | 1: Short Title and commencement
1: This Act may be cited as the Fees and Travelling Allowances Act 1951.
2: This Act shall come into force on 1 April 1952.
2: Interpretation
In this Act, unless the context otherwise requires,— local authority Local Government Act 2002 member Minister statutory Board Schedule 1 Section 2 local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2 Minister replaced 10 July 1987 Fees and Travelling Allowances Amendment Act 1987
3: Remuneration of members of statutory Boards
Where, under any enactment, any member of a statutory Board is entitled to receive any remuneration by way of salary, fees, or otherwise for his services as a member of the Board, the remuneration shall , subject to any determination of the Remuneration Authority Section 3 amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 3 amended 14 February 1978 section 33(1) Remuneration Authority Act 1977
4: Travelling allowances payable to members of statutory Boards
1: This section applies to any member of a statutory Board who, under any enactment, is entitled to receive payment of travelling allowances or travelling expenses in respect of time spent in travelling in the service of the Board.
2: Where any such member, for the purpose of attending a meeting of the statutory Board or, pursuant to a resolution of the Board, of transacting any business of the Board, is required to be absent from his usual place of residence, there shall be paid to him, in accordance with regulations made under this Act, an allowance (in this Act referred to as a subsistence allowance
3: Where the member, for any such purpose, is required to make any journey and he travels by public conveyance there shall be paid to him, in accordance with regulations made under this Act, all fares and other expenses of locomotion incurred by him in making the journey.
4: Where a private means of conveyance is used for any such journey, there shall be paid to the member, in accordance with regulations made under this Act, an allowance (in this Act referred to as a mileage allowance
5: Members of subcommittees
The provisions of this Act, as far as they are applicable and with the necessary modifications, shall apply to any member of a committee or a subcommittee of a statutory Board in any case where that member is entitled, under any enactment, to receive payment of any remuneration in respect of his services to the Board or to receive payment of travelling allowances or travelling expenses in respect of time spent in travelling in the service of the Board.
6: Members of local authorities
Where, under any enactment, a member of a local authority is entitled to receive payment of travelling allowances or travelling expenses, the provisions of this Act, as far as they are applicable and with the necessary modifications, shall apply to that member as if the local authority were a statutory Board.
7: Approvals
Any approval given by the Minister under this Act may be general in its application or may relate to individual members or classes of members of statutory Boards or to any particular statutory Board or to any class or classes of statutory Boards.
8: Validation of payments of remuneration or travelling allowances
Every payment of remuneration, travelling allowances, or travelling expenses made before the commencement of this Act to any member of any Board, Council, Committee, or other body established under any enactment at a rate approved by the Minister in that behalf shall, if otherwise valid, be deemed to have been lawfully made notwithstanding that a different rate may have been prescribed by any regulations.
9: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:
a: prescribing conditions subject to which subsistence allowances or mileage allowances shall be payable:
b: prescribing conditions in respect of disbursements repayable to members of statutory Boards:
c: prescribing matters to be taken into account when assessing subsistence allowances or mileage allowances:
d: prescribing conditions to be observed before payments of remuneration or travelling allowances or travelling expenses are made to members of statutory Boards.
3: Regulations under this section are secondary legislation ( see Part 3
3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
10: Consequential amendments
1: The Acts specified in Schedule 2
2: The regulations specified in Schedule 3 |
DLM264564 | 1951 | Reserves and Other Lands Disposal Act 1951 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1951.
2: Declaring certain lands reserved as endowments for the establishment of an experimental dairy school for the North Island to be Crown land subject to the provisions of the Land Act 1948
Whereas the lands described in subsection (6) are reserved as endowments for the establishment of an experimental dairy school for the North Island in such manner as the Minister of Agriculture directs: And whereas the rents and profits in respect of the said lands are paid to a special deposit account called the North Island Experimental Dairy School Account: And whereas the said lands are no longer required for the purposes for which they are reserved and it is desired to declare them to be ordinary Crown land subject to the Land Act 1948 And whereas it is necessary to make provision for the disbursement of any moneys held in the said special deposit account: Be it therefore enacted as follows:
1: The lands described in subsection (6) are hereby declared to be no longer set apart as endowments for the establishment of an experimental dairy school for the North Island and shall be deemed to be Crown land under and subject to the provisions of the Land Act 1948
2: All moneys standing to the credit of the special account known as the North Island Experimental Dairy School Account shall, without further authority than this section, be transferred to the Loans Redemption Account and the said special account shall be closed.
3: The District Land Registrar for the Taranaki Land Registration District is hereby authorised and directed to do all such things as are necessary to give effect to the provisions of this section and to make all necessary endorsements on any certificates of title in respect of the said lands, and any such certificates shall enure in the name of His Majesty until the expiration or sooner determination of any lease registered against the same, and shall then be cancelled by the said District Land Registrar.
4: The cancellation of any certificate of title under the provisions of subsection (3) shall not affect the legal or equitable rights or interests of any person in or concerning the land comprised in any such certificate of title.
5: The Land Settlement Board may accept a surrender of any lease in respect of the said lands, or any part thereof, which subsists at the coming into force of this section, and any such surrender shall be on such terms and conditions as the Board thinks fit.
6: The lands to which this section relates are particularly described as follows: Firstly, all that area in the Taranaki Land District, Waimate West County, containing by admeasurement 90 acres and 20 perches, more or less, being Section 32, Block III, Waimate Survey District, part of the said land being more particularly delineated as Lot 19 on a plan deposited in the Land Registry Office at New Plymouth under Number 4321, the said land being the whole of that comprised and described in certificate of title, Volume 147, folio 167, Taranaki Registry. Secondly, all that area in the Taranaki Land District, Hawera County, containing by admeasurement 65 acres 1 rood 24 perches and two-tenths of a perch, more or less, being Subdivisions 1, 2, and 4 of Section 534, Patea District, situated in Block XI, Hawera Survey District: as the same is more particularly delineated on the plan marked L and S 26/787B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (SO Plan 7506.)
3: Vesting portions of Hutt Valley Domain in the Lower Hutt City Corporation in trust as reserves for recreation purposes
Whereas the lands described in subsection (3) are portions of the Hutt Valley Domain under and subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928 And whereas the Hutt County Council has been appointed to be the Domain Board thereof: And whereas it is expedient that the said lands be vested in the Lower Hutt City Corporation in trust as reserves for recreation purposes: Be it therefore enacted as follows:
1: The lands described in subsection (3) are hereby declared to be no longer portions of the Hutt Valley Domain under the control of the Hutt Valley Domain Board, and the said lands are hereby vested in the Corporation of the City of Lower Hutt in trust as reserves for recreation purposes under and subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928
2: The District Land Registrar for the Wellington Land Registration District is hereby authorised and directed to make such entries in his register books and to cancel such certificates of title and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The lands to which this section relates are particularly described as follows: Firstly, all those areas in the Wellington Land District, City of Lower Hutt, containing by admeasurement 1 acre 2 roods and two-hundredths of a perch, more or less, being lots 24 and 34 on a plan deposited in the Land Registry Office at Wellington under Number 9893, and being parts of Section 34, Hutt Registration District, Block XIV, Belmont Survey District, and being part of the land comprised and described in certificate of title, Volume 164, folio 166, Wellington Registry. Secondly, all that area in the Wellington Land District, City of Lower Hutt, containing by admeasurement 1 acre and 1 rood, more or less, being Lot 12 on a plan deposited in the Land Registry Office at Wellington under Number 6516, and being part of Section 52, Hutt Registration District, Block IX, Belmont Survey District, and being part of the land comprised and described in certificate of title, Volume 306, folio 190, Wellington Registry.
4: Section 26, Reserves and Other Lands Disposal Act 1948, repealed
Amendment(s) incorporated in the Act(s)
5: Declaring portion of the Mackenzie Domain to be Crown land subject to the Land Act 1948
Whereas the land described in subsection (2) is subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928 And whereas it is expedient that the said land be declared to be Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby declared to be no longer subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928 Land Act 1948
2: The land to which this section relates is particularly described as follows: All that area in the Canterbury Land District, containing by admeasurement 5 acres and 27 perches, more or less, being part of Reserve 3171, Block VII, Cheviot Survey District: as the same is more particularly delineated on the plan marked L and S 1/143D, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon bordered red. (SO Plan 1395.)
6: Revoking an Order in Council concerning Hauturu Block (Little Barrier Island)
Whereas by an Order in Council dated 3 March 1908 and published in the Gazette said Order in Council Tourist and Health Resorts Control Act 1908 And whereas it is desired to revoke the said Order in Council in so far as it affects the said land: Be it therefore enacted as follows:
1: So much of the said Order in Council as relates to the land described in subsection (2) is hereby revoked.
2: The land to which this section relates is particularly described as follows: All that area in the North Auckland Land District, Little Barrier Survey District, containing by admeasurement 6 960 acres, more or less, being the Hauturu Block (or Little Barrier Island) and being the whole of the land comprised and described in certificate of title, Volume 74, folio 147, Auckland Registry.
7: Closing certain portions of a public road and declaring certain lands to be public road in Block XIV, Waimate Survey District
Whereas in January 1906 the Waimate County Council caused a survey to be made for the purposes of making certain deviations of Mill Road passing through Rural Section numbered 4316, Canterbury Land District, and a plan of the survey, under Number 2104A, was lodged in the office of the Chief Surveyor at Christchurch: And whereas the Waimate County Council proposed to close the portions of Mill Road firstly, secondly, and thirdly described in subsection (6) and to take the lands fourthly described in the said subsection for a public road to form part of Mill Road: And whereas in April 1943 the adjoining land was subdivided and the subdivisional plan thereof was deposited in the Land Registry Office at Christchurch under Number 12320: And whereas the Mill Road frontage to the various lots on the said plan Number 12320 was defined as if the deviation of Mill Road hereinbefore mentioned had been lawfully carried out: And whereas the portions of Mill Road firstly described in subsection (6) have become included within the boundaries of Lots 1 and 2 of the said plan Number 12320 and the portion of Mill Road secondly described in the said subsection has become included within the boundaries of Lot 4 on the said plan Number 12320: And whereas the portions of Rural Section Number 4316 and part of the bed of Waimate Stream fourthly described in subsection (6) have been delineated on the said plan numbered 12320 and upon the certificates of title issued over the lots shown thereon, as being portions of Mill Road: And whereas it has now been discovered that the necessary steps for carrying out the deviation of Mill Road were not at any time completed: And whereas it is now expedient to validate the existing plans and certificates of title relating to the lots shown thereon: Be it therefore enacted as follows:
1: The portions of Mill Road firstly described in subsection (6) are hereby declared to be closed and the inclusion of those areas, as parts of Lots 1 and 2 on the said Deposited Plan Number 12320, in certificate of title, Volume 513, folio 198, Canterbury Registry, is hereby validated.
2: The portion of Mill Road secondly described in subsection (6) is hereby declared to be closed, and the inclusion of that portion, as part of Lot 4 on the said Deposited Plan Number 12320, in certificate of title, Volume 486, folio 114, Canterbury Registry, is hereby validated.
3: The portion of Mill Road thirdly described in subsection (6) is hereby declared to be closed, and the area comprised therein shall form part of the bed of Waimate Stream subject to any riparian rights appurtenant to the adjoining land.
4: The portions of Rural Section Number 4316 and the portion of the bed of Waimate Stream fourthly described in subsection (6) are hereby declared to be portions of a public road called Mill Road, and the control thereof is hereby vested in the Waimate County Council and the delineation of those areas as road on the said Deposited Plan Number 12320, and on all relevant certificates of title, is hereby validated.
5: The District Land Registrar of the Land Registration District of Canterbury is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.
6: The lands to which this section relates are particularly described as follows: Firstly, all those areas in the Canterbury Land District, County of Waimate, situated in Block XIV, Waimate Survey District, containing by admeasurement 24 perches and one-tenth of a perch; 1 rood 12 perches and one-tenth of a perch; 1 rood 4 perches; and 1 perch and nine-tenths of a perch, being portions of Mill Road passing through Rural Section Number 4316: as the same are more particularly delineated on a plan lodged in the office of the Chief Surveyor, at Christchurch, under Number 8396, and thereon coloured green. Secondly, all that area in the Canterbury Land District, County of Waimate, situated in Block XIV, Waimate Survey District, containing by admeasurement four-tenths of a perch, being portion of Mill Road passing through Rural Section Number 4316: as the same is more particularly delineated on a plan lodged in the office of the Chief Surveyor, at Christchurch, under Number 8396, and thereon coloured green and bordered green. Thirdly, all that area in the Canterbury Land District, County of Waimate, situated in Block XIV, Waimate Survey District, containing by admeasurement 8 perches and nine-tenths of a perch, being portion of Mill Road over the bed of Waimate Stream: as the same is more particularly delineated on a plan lodged in the office of the Chief Surveyor, at Christchurch, under Number 8396, and thereon coloured green and bordered green. Fourthly, all those areas in the Canterbury Land District, County of Waimate, situated in Block XIV, Waimate Survey District, containing by admeasurement 2 roods 3 perches and eight-tenths of a perch; 1 rood 11 perches; and 1 perch and three-tenths of a perch, being portions of Rural Section Number 4316 and portion of the bed of Waimate Stream: as the same are more particularly delineated on a plan lodged in the office of the Chief Surveyor, at Christchurch, under Number 8396, and thereon coloured red.
8: Granting the Bluff Borough Council special leasing powers over certain endowments
Whereas the lands described in subsection (6) are reserved as endowments in aid of the borough funds for the benefit of the Borough of Campbelltown (now the Borough of Bluff): And whereas the Bluff Borough Council (in this section referred to as the Council And whereas the Council wishes to sell the buildings and other fixtures on the said lands to the tenants thereof and also desires to grant the tenants leases of the lands tenanted by them without having to offer the leases by or for public auction, public tender, or public application: And whereas the Council has no power to carry out its wishes, and it is expedient to make provision enabling the Council to do so: Be it therefore enacted as follows:
1: The lands described in subsection (6) are hereby declared to be vested in the Corporation of the Borough of Bluff for the purposes of endowments in aid of the general funds of that borough.
2: The Council may grant leases of parts of the said lands to the existing tenants of any such parts by private treaty and without complying with the provisions of paragraph (a) of section 159 of the Municipal Corporations Act 1933
3: It shall be lawful for the Council to require any person to whom it proposes to grant a lease under this section to purchase the buildings and other fixtures on the land concerned at such price as may be agreed upon and on such conditions as to the payment of the purchase moneys and interest thereon as the Council thinks fit.
4: The powers conferred on the Council by this section shall be in addition to and not in substitution for any other powers of the Council relating to the leasing of lands held by the Corporation of the Borough of Bluff.
5: The District Land Registrar for the Southland Land Registration District is hereby authorised and directed to deposit such plans, accept such documents for registration, and to do all such other things as may be necessary to give effect to the provisions of this section.
6: The lands to which this section relates are particularly described as follows: All that area in the Southland Land District, containing by admeasurement 2 acres 1 rood 28 perches and eight-tenths of a perch, more or less, being Lots 1 to 12 inclusive, 14, 15, 21, and 22 on a plan deposited in the Land Registry Office at Invercargill under Number 4386, and being Section 5 and part of Section 4, Block V, and part of Section 1, Block XXV, Town of Campbelltown.
9: Declaring land in Hanmer Township subject to the Tourist and Health Resorts Control Act 1908 to be Crown land
Whereas by an Order in Council dated 13 February 1911, and published in the Gazette Tourist and Health Resorts Control Act 1908 And whereas, by section 130 And whereas it is expedient that portion of one of the said reserves be declared to be Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The vesting of the control of the land described in subsection (2) in the Minister of Health is hereby cancelled and the said land is hereby declared to be Crown land subject to the Land Act 1948
2: The land to which this section relates is particularly described as follows: All that area situated in Hanmer Township, Block II, Lyndon Survey District, containing by admeasurement 10 perches and one-tenth of a perch, more or less, being part of Reserve 3780: as the same is more particularly delineated on the plan marked L and S 9/796/6, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (SO Plan 8286.)
10: Conferring certain powers on the trustees of the late James Gammack
Whereas the lands described in subsection (3) are vested in the trustees for the time being of the will of James Gammack, late of Springston, in the Provincial District of Canterbury, farmer, deceased, but without power of sale: And whereas the trustees desire to sell and dispose of the said lands and invest the proceeds arising from the sale in trust for the beneficiaries of the said will: And whereas it is expedient that provision be made in that behalf: Be it therefore enacted as follows:
1: The trustees for the time being of the will of the said James Gammack, deceased, may, with the consent of the beneficiaries interested in the lands and with the approval of the Commissioner of Crown Lands for the Canterbury Land District, sell the lands described in subsection (3) and invest the proceeds of any such sales for the benefit of the beneficiaries under the said will.
2: Subject to the consent of the said beneficiaries, and to the approval of the said Commissioner, any such lands may be sold either in 1 lot or in several lots by public auction or by private contract upon such terms as to payment of purchase money and subject to such stipulations as to title or otherwise as the aforesaid trustees shall think fit, with power for the said trustees to buy in or rescind or vary contracts for sale and to resell without responsibility for loss.
3: The lands to which this section relates are particularly described as follows: Firstly, all that area situated in Block VIII, Leeston Survey District, containing by admeasurement 3 acres 3 roods and 38 perches, more or less, being Lot 7 on the plan deposited in the Land Registry Office at Christchurch under Number 11913, being part of Rural Section Number 3043, and being part of the land comprised and described in certificate of title, Volume 515, folio 16, Canterbury Registry. Secondly, all that area situated in Block VIII, Leeston Survey District, containing by admeasurement 7 acres 2 roods and 15 perches, more or less, being Lot 12 on the plan deposited in the Land Registry Office at Christchurch under Number 5565, being part of Rural Section Number 3043, and being part of the land comprised and described in certificate of title, Volume 515, folio 16, Canterbury Registry.
11: Declaring certain land in Block X, Orahiri Survey District, to be Crown land subject to the Land Act 1948
Whereas by Order in Council dated 19 August 1908, and published in the Gazette Tourist and Health Resorts Control Act 1908 And whereas it is no longer desirable or necessary that the portion of one of the said scenic reserves more particularly described in subsection (3) should be administered under the said Act nor has the said portion any scenic value: And whereas it is desirable that the said portion of scenic reserve should be made Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The vesting in the Minister for the time being having the administration of the Tourist and Health Resorts Control Act 1908
2: The reservation of the said land for scenic purposes is hereby revoked and the land is hereby declared to be Crown land subject to the Land Act 1948
3: The land to which this section relates is particularly described as follows: All that area in the South Auckland Land District, Waitomo County, containing by admeasurement 55 acres, more or less, being part of Section 6 of Block X, Orahiri Survey District: as the same is more particularly delineated on the plan marked L and S 4/156B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (Auckland SO Plan 34626.)
12: Authorising the Christchurch City Council to sell certain lands
Whereas the lands described in subsection (3) are vested in the Corporation of the City of Christchurch and form portion of the Sydenham Cemetery: And whereas the said lands are not required for cemetery purposes: And whereas it is desirable to empower the Christchurch City Council to sell the said lands: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Cemeteries Act 1908, or in any other Act, the Christchurch City Council may sell the lands described in subsection (3) or any part or parts thereof in such manner, on such terms, and subject to such conditions as it thinks fit, and on the sale of any of the said lands any trust, reservation, or restriction theretofore affecting the same shall be deemed to be cancelled.
2: The District Land Registrar for the Canterbury Land Registration District is hereby authorised and directed, on the deposit of such plan or plans as he may require, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The lands to which this section relates are particularly described as follows: All those areas in the Canterbury Land District, City of Christchurch, containing a total area of 1 rood 32 perches and five-tenths of a perch, more or less, being parts of Rural Section 154 and being parts of the land comprised and described in certificate of title, Volume 202, folio 292, Canterbury Registry: as the same are more particularly delineated on the plan lodged in the office of the Chief Surveyor at Christchurch under Number 8412, and thereon coloured red and blue.
13: Authorising the Auckland City Council to sell portion of Grey Lynn Domain and declaring another portion of the said domain to be public street
Whereas the lands described in subsection (6) are portions of the Grey Lynn Domain and are vested in the Corporation of the City of Auckland under the provisions of the Grey Lynn Domain Vesting Act 1909 And whereas the land firstly described in the said subsection is not required for the purposes for which it is held and it is expedient to make provision enabling the Auckland City Council to sell that land subject to a condition that the proceeds thereof shall be applied towards the maintenance and improvement of the residue of the land held by the said Corporation under the provisions of the Grey Lynn Domain Vesting Act 1909 And whereas it is desirable to declare the land secondly described in the said subsection to be held for the purposes of a public street: Be it therefore enacted as follows:
1: The land firstly described in subsection (6) is hereby declared to be vested in the Corporation of the City of Auckland freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same.
2: The Auckland City Council may from time to time sell the whole or any part or parts of the said land firstly described by private treaty or otherwise. Any such sale or sales may be for cash or upon such terms and conditions as the Council thinks fit.
3: The proceeds of the sale of any of the said land firstly described shall, after payment thereout of any costs connected with the sale, be applied by the Council towards the maintenance or improvement of other lands held under the provisions of the Grey Lynn Domain Vesting Act 1909
4: All trusts, reservations, and restrictions heretofore affecting the land secondly described in subsection (6) are hereby cancelled and that land is hereby declared to be vested in the Corporation of the City of Auckland for the purposes of a public street.
5: The District Land Registrar for the Auckland Land Registration District is hereby authorised and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.
6: The lands to which this section relates are particularly described as follows: Firstly, all that area in the North Auckland Land District situated in Block XVI, Waitemata Survey District, containing by admeasurement 38 perches and eight-tenths of a perch, more or less, being Lots 19 and 20, Block 74, on a plan deposited in the Land Registry Office at Auckland under Number 1720, and being portion of Allotment 40, Section 8, Suburbs of Auckland, and being part of the land comprised and described in certificate of title, Volume 165, folio 140, Auckland Registry: as the same is more particularly delineated on the plan marked L and S 1/287, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (SO Plan 36823.) Secondly, all that area in the North Auckland Land District situated in Block XVI, Waitemata Survey District, containing by admeasurement 19 perches and four-tenths of a perch, more or less, being portion of a closed street and being part of the land comprised and described in certificate of title, Volume 165, folio 140, Auckland Registry: as the same is more particularly delineated on the plan marked L and S 1/287, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured yellow. (SO Plan 36823.)
14: Vesting the Newmarket Domain in the Corporation of the Borough of Newmarket subject to certain trusts
Whereas the lands described in subsection (5) (in this section referred to as the said lands Part 2 of the Public Reserves, Domains, and National Parks Act 1928 And whereas the Newmarket Borough Council has been appointed the Domain Board having control thereof and has constructed a swimming pool structure on part of the said lands: And whereas for the better management and enlargement of the said swimming pool structure it is expedient that the said lands be vested in the Corporation of the Borough of Newmarket subject to certain conditions, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same: Be it therefore enacted as follows:
1: The said lands are hereby declared to be vested in the Corporation of the Borough of Newmarket in trust for municipal purposes without power of sale but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same.
2: That portion of the said lands hereby vested in the Corporation of the Borough of Newmarket as is described secondly in subsection (5) shall be maintained and administered by the Newmarket Borough Council as an open recreation space for the use, benefit, and enjoyment of the public generally, and the said Newmarket Borough Council shall accordingly have no power to erect any building or other structure on the said land that would be likely to interfere with the use of that portion as an open recreation space as aforesaid.
3: Subject to the provisions of this section, the said Newmarket Borough Council shall have and may exercise in respect of the said lands all the powers conferred by the Municipal Corporations Act 1933
4: The District Land Registrar for the Auckland Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.
5: The lands to which this section relates are particularly described as follows: Firstly, all that area in the North Auckland Land District, Borough of Newmarket, situated in Block VIII, Rangitoto Survey District, containing by admeasurement 3 roods 17 perches and seven-tenths of a perch, more or less, being part Allotments 32 and 39 of Section 4, Suburbs of Auckland, and being part of the land comprised and described in certificate of title, Volume 6, folio 181, Auckland Registry: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor at Auckland under Number 36943, and thereon bordered red. Secondly, all that area in the North Auckland Land District, Borough of Newmarket, situated in Block VIII, Rangitoto Survey District, containing by admeasurement 1 rood 14 perches and sixty-seven hundredths of a perch, more or less, being part of Allotments 32 and 39 of Section 4, Suburbs of Auckland, and being part of the land comprised and described in certificate of title, Volume 6, folio 181, Auckland Registry: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor at Auckland under Number 36943, and thereon bordered yellow.
15: Validating certain leases and extending the leasing powers of the Palmerston Borough Council in respect of certain lands
Whereas the lands described in subsection (5) are vested in the Corporation of the Borough of Palmerston as reserves for the purposes referred to in the said subsection: And whereas the Palmerston Borough Council (in this section referred to as the Council And whereas the leases purport to confer certain rights to successive renewals thereof: And whereas the Council has no power to grant leases containing those rights in respect of the said lands: And whereas it is expedient that the leases granted by the Council be validated and that the Council be granted additional leasing powers in respect of the said lands: Be it therefore enacted as follows:
1: All leases in respect of the lands described in subsection (5), or in respect of any parts of any such lands, granted heretofore by the Council and all rights of way granted or reserved in connection therewith are hereby declared to be and to have been valid and binding and of full force and effect according to their tenor.
2: The registration of any of the said leases under the Land Transfer Act 1915 is hereby validated.
3: Notwithstanding anything to the contrary in any Act or rule of law, the Council shall have, in respect of the lands described in subsection (5), all powers of leasing and other powers set forth in sections 157, 158, 159, and 162 of the Municipal Corporations Act 1933
4: The District Land Registrar for the Otago Land Registration District is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
5: The lands to which this section relates are particularly described as follows: All those areas in the Otago Land District being— Firstly, all that area situated in the Palmerston Borough containing 1 rood, more or less, and being Section 15, Block XVII, Town of Palmerston, and being all the land comprised and described in certificate of title, Volume 96, folio 176, Otago Registry (SO Plan 756TN); being reserved as a site for Borough Council offices. Secondly, all that area situated in the Waihemo County containing 859 acres 2 roods, more or less, being Section 8, Block VI, Dunback Survey District, and being all the land comprised and described in certificate of title, Volume 96, folio 73, Otago Registry (SO Plan 421); being reserved for the purposes of the Palmerston Free Library. Thirdly, all that area situated in the Palmerston Borough containing 5 acres and 2 perches, more or less, being Section 18, Block XXXIII, Town of Palmerston, and being all the land comprised and described in certificate of title, Volume 12, folio 192, Otago Registry (SO Plan 758TN); being reserved for a public market. Fourthly, all those areas situated in the Palmerston Borough containing together 96 acres 1 rood 28 perches and two-tenths of a perch, more or less, being Sections 16, 17, 19, 22, 23, 24, 25, 26, and Part Sections 20 and 21, Block XXXIII, Town of Palmerston, and being the balance of the land comprised and described in certificate of title, Volume 46, folio 57, Otago Registry (SO Plan 758TN); being reserved for a public pound, cattle yards, and other municipal purposes.
16: Vesting portion of a scenic reserve and an area of Crown land in the Corporation of the City of Auckland as water supply reserves
Whereas the land firstly described in subsection (3) is vested in His Majesty and is portion of a reserve for scenic purposes under and subject to the provisions of the Scenery Preservation Act 1908: And whereas the land secondly described in subsection (3) is Crown land subject to the Land Act 1948 And whereas it is desirable that the said lands be vested in the Corporation of the City of Auckland in trust as reserves for water supply purposes: Be it therefore enacted as follows:
1: The land firstly described in subsection (3) is hereby declared to be no longer set apart for scenic purposes under the provisions of the Scenery Preservation Act 1908, and that land is hereby vested in the Corporation of the City of Auckland in trust as a reserve for water supply purposes subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928
2: The land secondly described in subsection (3) is hereby reserved for water supply purposes and vested in the Corporation of the City of Auckland in trust for those purposes subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928
3: The lands to which this section relates are particularly described as follows: All those areas in the North Auckland Land District, Franklin County, being— Firstly, all that area situated in Block II, Opaheke Survey District, containing by admeasurement 67 acres and 3 roods, more or less, being part of Allotments 48, 49, and 50, Otau Parish: as the same is more particularly delineated on the plan marked L and S 4/450, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon coloured yellow. (SO Plan 36021.) Secondly, all that area situated in Blocks II and III, Opaheke Survey District, and Blocks XII and XIII, Wairoa Survey District, containing by admeasurement 233 acres, more or less, being part Allotment 67, Otau Parish: as the same is more particularly delineated on the plan marked L and S 4/450, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon coloured sepia. (SO Plan 36021.)
17: Vesting certain land in the Te Rau a moa Hall Society (Incorporated)
Whereas the registered proprietor of the land described in subsection (3) is the Te Rau-a-moa Co-operative Dairy Company, Limited (in this section referred to as the company And whereas the company went into voluntary liquidation in the year 1912: And whereas the name of the company was struck off the Register of Companies under the provisions of section 266 of the Companies Act 1908 And whereas prior to the company being struck off the Register as aforesaid its assets were sold to the Oparau Co-operative Dairy Company, Limited, but no transfer of the said land to that company was registered: And whereas that last mentioned company entered into an agreement for the sale of the said land to the Te Rau a moa Hall Society (Incorporated), a society duly incorporated under the Incorporated Societies Act 1908 society And whereas certain moneys were paid pursuant to the agreement, but a sale was never finalised: And whereas the society has dealt with the land as if it were the owner thereof for many years and has maintained a building situated thereon as a hall for the benefit of the inhabitants of the locality: And whereas it is desirable that the said land be vested in the society: Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby declared to be vested in the society for an estate in fee simple freed and discharged from all liens, encumbrances, interests, and restrictions (if any) heretofore affecting the same.
2: The District Land Registrar for the Auckland Land Registration District is hereby authorised and directed, on application being made to him in that behalf, and on payment of the appropriate fees, to cancel the existing certificate of title in respect of the said land, and to issue a new certificate of title thereover in the name of the society, and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The land to which this section relates is particularly described as follows: All that area in the South Auckland Land District, containing by admeasurement 3 roods and 36 perches, more or less, being Section 5A of Block IX, Pirongia Survey District, and being the whole of the land comprised and described in certificate of title, Volume 243, folio 53, Auckland Registry.
18: Authorising the Auckland City Council to reclaim certain land from the sea
Whereas by the Grey Lynn Domain Vesting Act 1909 And whereas the Borough of Grey Lynn is now merged in the City of Auckland and the said land is now vested in the Corporation of that City: And whereas, pursuant to the said Act, the Auckland City Council (in this section referred to as the Council And whereas the Council desires to reclaim the said land from the sea, but doubts have arisen as to its powers to undertake that work: And whereas it is desirable that the Council be empowered to reclaim the said land as aforesaid: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Harbours Act 1950 Harbours Act 1950
2: For the purposes of the Harbours Act 1950
3: The land to which this section relates is particularly described as follows: All that area in the North Auckland Land District, situated in Block XVI, Waitemata Survey District, containing by admeasurement 28 acres 1 rood and 14 perches, more or less, being Allotment 21 of Section 9, Suburbs of Auckland, and being the whole of the land comprised and described in certificate of title, Volume 165, folio 87, Auckland Registry: as the same is more particularly delineated on the plan marked MD 9292, deposited in the Head Office of the Marine Department at Wellington, and thereon bordered red. (SO Plan 15262.)
19: Declaring certain land to have been granted to the Corporation of the Borough of Arrowtown as an endowment
Whereas by an Order in Council dated 19 March 1947, and published in the Gazette Public Reserves, Domains, and National Parks Act 1928 And whereas the said vesting was in compensation for the taking by the Crown, under the Public Works Act 1928 And whereas the Arrowtown Borough Council has dealt with the said land described in subsection (3) as if that land had been vested in it in trust as endowment land and in particular has granted leases in respect of portions of the said land which purport to confer certain rights to successive renewals thereof: And whereas doubts have arisen as to the validity of those leases: And whereas, to resolve those doubts, it is expedient to declare the said land to have been granted in trust as an endowment: Be it therefore enacted as follows:
1: All trusts, reservations, and restrictions heretofore affecting the land described in subsection (3) are hereby revoked and the said land shall be deemed for all purposes to have been granted to the Corporation of the Borough of Arrowtown, from 19 March 1947, in trust for the purposes of an endowment in aid of the funds of the Borough of Arrowtown.
2: The District Land Registrar for the Otago Land Registration District is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The land to which this section relates is particularly described as follows: All that area in the Otago Land District, Borough of Arrowtown, containing by admeasurement 1 acre 28 perches and sixty-four hundredths of a perch, more or less, being Sections 1, 2, 9, 10, and 11 of Block III, Town of Arrowtown, the said land being the whole of that comprised and described in certificate of title, Volume 327, folio 247, Otago Registry.
20: Authorising the Gisborne Borough Council to sell certain land
Whereas the lands described in subsection (4) are vested in the Corporation of the Borough of Gisborne for the purposes of an endowment for the improvement and benefit of the Township of Gisborne: And whereas it is expedient to empower the Gisborne Borough Council to sell the said lands and apply the proceeds thereof in the manner hereinafter provided: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the Gisborne Borough Council may sell the lands described in subsection (4) or any part or parts thereof, in such manner, on such terms, and subject to such conditions as it thinks fit, and on the sale of any such land all trusts, reservations, and restrictions theretofore affecting the same shall be deemed to be cancelled.
2: The net proceeds from the sale of the said lands shall be paid into a separate account and be applied in or towards the cost of purchasing land for municipal purposes or the erection or construction of buildings, improvements, or amenities of any kind on land controlled by the Gisborne Borough Council or vested in the Corporation of the Borough of Gisborne.
3: The District Land Registrar for the Gisborne Land Registration District is hereby authorised and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The lands to which this section relates are particularly described as follows: All those areas in the Borough of Gisborne, Gisborne Land District, containing by admeasurement 10 acres 2 roods and 1 perch, more or less, being Sections 62A, 63A, 64A, 65A, 66A, 67A, 68A, 69A, and 70A, Town of Gisborne, and being the whole of the land comprised and described in certificate of title, Volume 76, folio 70, Gisborne Registry.
21: Authorising the Stratford Borough Council to sell certain land
Whereas by a warrant issued pursuant to sections 37 and 38 of the Land Act 1877 Amendment Act 1884 Gazette And whereas the said land is now vested in the Corporation of the Borough of Stratford: And whereas it is expedient to empower the Stratford Borough Council to sell the said land by private contract and apply the proceeds thereof towards the purchase of other land to be held for endowment purposes: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the Stratford Borough Council may sell the land described in subsection (4) by private treaty, in such manner, on such terms, and subject to such conditions as it thinks fit and on the sale all trusts, reservations, and restrictions theretofore affecting the land shall be deemed to be cancelled.
2: The net proceeds from the sale of the said land shall be applied in or towards the purchase of other land to be held by the Corporation of the Borough of Stratford in trust as an endowment in aid of the borough funds.
3: The District Land Registrar for the Taranaki Land Registration District is hereby authorised and directed to accept such documents for registration and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The land to which this section relates is particularly described as follows: All that area in the Taranaki Land District, Borough of Stratford, containing by admeasurement 1 rood and 3 perches, more or less, being Section 816, Town of Stratford, and being part of the land comprised and described in certificate of title, Volume 70, folio 116, Taranaki Registry.
22: Making special provision in regard to certain compensation moneys to be paid to the Wanganui City Council
Whereas the Minister of Works, on behalf of His Majesty the King, proposes to acquire from the Corporation of the City of Wanganui, under the Public Works Act 1928 And whereas it is desirable to make provision for the payment of the compensation moneys in respect of the acquisition of the aforesaid lands direct to the Wanganui City Council and also to make provision for the application of those moneys: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Public Works Act 1928
2: A portion of the compensation moneys, amounting to 1,000 pounds, representing the value of the land (exclusive of any improvements) shall be paid by the Wanganui City Council into a separate account and be applied, with the consent of the Minister of Lands, either towards the purchase of land for municipal purposes or for the improvement of land used by the public for recreation purposes. The remainder of the said compensation moneys shall be paid by the said Wanganui City Council into its general account and be applied for such purposes as the Council thinks fit.
3: The endowment land to which this section relates is particularly described as follows: All that area in the City of Wanganui, containing 2 roods and 20 perches, more or less, which is shown as Lots 5 and 6 on Deeds Plan 237, being part Reserve L of the Town of Wanganui, and being part of the land in certificate of title, Volume 509, folio 29 (limited as to parcels and title), Wellington Registry.
23: Declaring lands subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948
Whereas the lands described in subsection (2) are set apart as permanent State forest land and are subject to the Forests Act 1949 And whereas the said lands are not required as State forest land, and it is desirable that they should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The setting apart of the lands described in subsection (2) as permanent State forest land is hereby revoked and the said lands are hereby declared to be Crown land subject to the Land Act 1948
2: The lands to which this section relates are particularly described as follows: Firstly, all that area in the Kaitieke County, Wellington Land District, containing by admeasurement 6 acres 1 rood 35 perches and five-tenths of a perch, more or less, being Sections 3, 4, 5, 6, 7, 8, 9, and 11 of Block V, Town of Kakahi, situated in Block VI, Hunua Survey District. (Wellington SO Plan 16929.) Secondly, all that area in the Southland Land District containing by estimation 2 500 acres, more or less, inclusive of roads, tramway reserve, and streams, and bounded as follows: Commencing at the south-western corner of Section 4, Block XXI, Jacobs River Hundred; thence in an easterly direction along the southern boundary of the said Section 4 and that boundary produced to the left bank of the Pourakino River; thence in a southerly direction generally by the left bank of the Pourakino River, to a point in line with the western boundary of Section 26, Ermedale Settlement, Block XIII, Jacobs River Hundred; thence southerly to and along the western boundary of the said Section 26, across the Pourakino River and a road reserve, and along the western boundary of Section 21, Ermedale Settlement aforesaid, to the south-western corner thereof; thence westerly along the northern side of a public road forming the northern boundary of Part Section 1 and Section 37, Block XIX, Jacobs River Hundred, to Pourakino Road; thence north-westerly along the north-eastern side of Pourakino Road to a point in line with the northern boundary of the aforesaid Section 37; thence south-westerly to and along the northern boundary of the aforesaid Section 37 for a distance of 4 180 links; thence through Sections 19 and 17, Block XX, Jacobs River Hundred, north-westerly by a right line on a bearing of 329° 27′ for a distance of 5 160 links, and south-westerly generally by right lines on a bearing of 239° 27′ for a distance of 1 071.7 links, on a bearing of 149° 27′ for a distance of 1 494.0 links, on a bearing of 162° 03′ for a distance of 194.8 links, on a bearing of 239° 27′ for a distance of 1 070 links, on a bearing of 149° 27′ for a distance of 1 755.9 links, on a bearing of 59° 26′ 50″ for a distance of 473.1 links, on a bearing of 149° 26′ 50″ for a distance of 601 links, and on a bearing of 239° 26′ 50″ for a distance of 700 links, to the eastern boundary of Section 16, Block XX aforesaid; thence north-westerly along the eastern boundary of the aforesaid Section 16 to Cascade Road; thence westerly generally, along the southern side of Cascade Road to a point in line with the eastern boundary of Section 9, Block XX aforesaid; thence north-westerly to and along the eastern boundary of the aforesaid Section 9 to the south-western corner of Section 10, Block XX aforesaid; thence north-easterly along the southern boundary of the aforesaid Section 10, to and across a tramway reserve and the Pourakino Road to the eastern side thereof; thence northerly generally along the eastern side of the Pourakino Road to the point of commencement. Excepting from the above description the public road known as Pourakino Road: as the same is more particularly delineated on the plan marked L and S 22/2053A, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon bordered red. Thirdly, all that area in the Westland County, Westland Land District, containing by admeasurement 6 acres, more or less, situated in Block VII, Bruce Bay Survey District, being part of State Forest Reserve Number 1685, and being also part of Section 2650, bounded as follows: Commencing at the most easterly corner of Section 780; thence by a right line to a point on the south-eastern boundary of Section 2650 in line with the northern corner of Section 890; thence south-westerly and north-westerly along the south-eastern and south-western boundaries of Section 2650 aforesaid to the point of commencement: as the same is more particularly delineated on the plan marked L and S 10/98/119A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. Fourthly, all that area in the Piako County, South Auckland Land District, situated in Blocks III, IV, VII, and VIII, Hapuakohe Survey District, containing by admeasurement 37 acres 2 roods and 34 perches, more or less, being parts of Hoe-o-Tainui North Numbers 6B 2J 1 and 6B 2J 2 Blocks: as the same is more particularly delineated on the plan marked L and S 21/130, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (Auckland SO Plan 34922.) Fifthly, all that area in the Clifton County, Taranaki Land District, containing by admeasurement 1 rood 17 perches and eight-tenths of a perch, more or less, being part of Section 10, Block IV, Mimi Survey District: as the same is more particularly delineated on the plan marked L and S 10/94/17, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (Taranaki SO Plan 8473.) Sixthly, all that area in the Taupo County, Wellington Land District, situated in Blocks VIII and XII, Pihanga Survey District, containing 1 200 acres approximately, and being part of Hautu 5B 2A Block: as the same is more particularly delineated on the plan marked L and S 10/92/82A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. Seventhly, all that area in the Thames County, South Auckland Land District, containing by admeasurement 92 acres 3 roods 23 perches and six-tenths of a perch, more or less, being parts of Whangamata Number 2 Block and now known as Sections 32, 33, and Part 31, Block XVI, Tairua Survey District: as the same is more particularly delineated on the plan marked L and S 22/1432/29, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (Auckland SO Plan 34594.)
24: Amending section 15 of the Reserves and Other Lands Disposal Act 1941 (as to expenditure of trust funds by trustees of will of the late Sir John Logan Campbell)
Whereas by section 15 And whereas this work has not been done and the said money has not been expended: And whereas it is now proposed to construct the roadway and footpath in more permanent form and to higher standards, and it is desired to increase the amount which the trustees may expend on those works: Be it therefore enacted as follows: Section 15 2,000 pounds 16,000 pounds
25: Validating an agreement between His Majesty the King and the Otago Iron Rolling Mills Company, Limited
Whereas, for the purpose of facilitating the delivery to the Railways Department and other departments of State of supplies of certain iron and steel products, His Majesty the King, acting by and through the Minister of Industries and Commerce (in this section referred to as the Minister company And whereas it is desirable that the said agreement should be validated: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the Minister shall be deemed for all purposes to have and to have had all powers and authorities necessary to enter into and execute the said agreement and to do all things requisite for the carrying out of the terms and conditions thereof, and to execute the necessary documents to give effect to that agreement.
2: The said agreement is hereby confirmed and validated and declared binding in all respects on the parties thereto, and shall have full force and effect according to its tenor.
26: Vesting the bed of Lake Waiatarua in the Corporation of the City of Auckland
Whereas the land described in subsection (3), being the bed of Lake Waiatarua, together with other lands surrounding the said lake, was, by deed of conveyance dated 9 August 1918 and registered in the Deeds Registry Office at Auckland under Number 263659, purported to be vested in the Corporation of the City of Auckland (in this section referred to as the Corporation And whereas certificate of title, Volume 752, folio 250, Auckland Registry, for the land surrounding the said lake, has been issued under the provisions of the Land Transfer (Compulsory Registration of Titles) Act 1924 Municipal Corporations Act 1933 And whereas doubts have arisen as to whether the bed of the said lake is vested in the Corporation, and it is desirable to resolve those doubts: Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby declared to be and to have been vested in the Corporation for an estate in fee simple for the purposes of a public park and recreation ground under the Municipal Corporations Act 1933
2: The District Land Registrar for the Auckland Land Registration District is hereby authorised and directed, upon application being made to him in that behalf, and upon payment of all necessary fees and the deposit of such plan or plans as he may require, to issue a certificate of title for the said land in the name of the Corporation and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The land to which this section relates is particularly described as follows: All that area in the North Auckland Land District situated in Block II, Otahuhu Survey District, containing 55 acres and 20 perches, more or less, being the bed of Lake Waiatarua: as the same is more particularly delineated on the plan marked L and S 1/1299, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. (Auckland SO Plan 36937.)
27: Closing of portions of a public street in the Borough of Hokitika and making provision for the sale or leasing thereof
Whereas the lands described in subsection (6) form portions of a public street in the Borough of Hokitika known as Revell Street: And whereas dwellinghouses and other improvements have been erected on the said lands by persons having no legal title to those lands: And whereas it is desirable to empower the Hokitika Borough Council (in this section referred to as the Council Be it therefore enacted as follows:
1: The portions of public street described in subsection (6) are hereby declared to be closed and to be vested in the Corporation of the Borough of Hokitika freed and discharged from all rights of the public thereover as a public highway.
2: The Council may subdivide the said lands and may, by private treaty, either sell the lots in any subdivision to the respective occupier or occupiers thereof, or to the person or persons appearing to the Council to be entitled to the buildings and other improvements erected thereon, for such consideration as it thinks fit, or the Council may grant leases of any such lots to any such occupier or person under Part 16 of the Municipal Corporations Act 1933 paragraph (a) of section 159 or section 194 of that Act section 128 of the Public Works Act 1928
3: The powers conferred on the Council by this section are in addition to and not in substitution for any other powers of the Council relating to the leasing of lands held by the Corporation of the Borough of Hokitika.
4: Any sale authorised by this section may be for cash or upon such terms as the Council in its discretion thinks fit.
5: The District Land Registrar for the Westland Land Registration District is hereby authorised and directed to deposit such plans, issue such certificates of title, accept such documents for registration, make such entries in the register books, and do all such other things as may be necessary to give effect to the provisions of this section.
6: The lands to which this section relates are particularly described as follows: All those areas in the Westland Land District, Borough of Hokitika, containing by admeasurement 2 acres 36 perches and five-tenths of a perch and 1 acre 23 perches and five-tenths of a perch, more or less, being portions of Revell Street, Town of Hokitika, situated in Block I, Kaniere Survey District: as the same are more particularly delineated on the plan lodged in the office of the Chief Surveyor at Hokitika under Number 4568, and thereon coloured green.
28: Declaring certain land in Block XIX, Invercargill Hundred, to be Crown land
Whereas the certificate of title for the land described in subsection (5) is in the name of the Clifton Woodend and Bluff Athletic Society, a society formerly registered under the Incorporated Societies Act 1908 And whereas no use is being made of the said land, and certain works are to be undertaken which will improve and benefit the land: And whereas the Crown is desirous of acquiring the land in order that it may, as owner, contribute towards the cost of the proposed works and receive the benefit of the improvement of the said land due to those works: Be it therefore enacted as follows:
1: The land described in subsection (5) is hereby declared to be vested in His Majesty as Crown land subject to the Land Act 1948
2: The District Land Registrar for the Southland Land Registration District is hereby authorised and directed to cancel the certificate of title for the said land.
3: Any person claiming to have a legal or equitable interest in the said land immediately prior to the commencement of this Act shall, on proving his claim to the satisfaction of the Minister of Lands, be entitled to payment of compensation in respect of the taking of his interest.
4: Any such compensation shall be paid from the Land Settlement Account and shall not exceed the value of the land as at the date of the commencement of this Act: provided that no payment of compensation shall be made under this section unless the claim for compensation is made within 5 years from that date.
5: The land to which this section relates is particularly described as follows: All that area in the Southland Land District, containing by admeasurement 9 acres 2 roods 3 perches and five-tenths of a perch, more or less, being Section 24, Block XIX, Invercargill Hundred, and being all the land comprised and described in certificate of title, Volume 135, folio 216 (limited as to title), Southland Registry.
29: Declaring certain endowment lands in the Tauranga district to be vested in His Majesty as Crown land subject to the provisions of the Land Act 1948
Whereas the lands described in subsection (7) are vested in the Maori Trustee for an estate in fee simple as an endowment for Maori schools under the provisions of the Tauranga Educational Endowment Reserves Act 1896 And whereas other provision has now been made for the erection and maintenance of Maori schools and it is no longer necessary to retain the said lands as endowments and it is desirable that they should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The lands described in subsection (7) are hereby declared to be no longer held for the purposes of an endowment for Maori schools and the said lands are hereby declared to be vested in His Majesty the King as Crown land under and subject to the provisions of the Land Act 1948
2: All rents, profits, proceeds, and other revenues accrued from the said lands and not applied in aid of Maori schools as provided by section 7 of the Tauranga Educational Endowment Reserves Act 1896
3: All leases over the whole or any part of the said lands shall be deemed to be made between His Majesty and the lessee named in the instrument of lease.
4: The provisions of section 122 section 125 section 126
5: Every certificate of title in respect of any of the lands vested in His Majesty pursuant to this section which is not subject to a registered lease current at the date of the coming into force thereof shall, without further authority than this section, be cancelled by the District Land Registrar. Where any such land is subject to a registered lease current at the said date, the District Land Registrar shall, without further authority than this section, make all necessary endorsements on the certificate of title in respect of the land, and the certificate shall enure in the name of His Majesty until the expiration or sooner determination of the lease and shall then be cancelled by the District Land Registrar.
6: No cancellation of a certificate of title under the provisions of subsection (5) shall in any way affect the rights of any person entitled to any lease, encumbrance, lien, or easement, in existence at the time of cancellation, over the land comprised in any such certificate of title.
7: The lands to which this section relates are particularly described as follows: All those areas in the South Auckland Land District being— Firstly, all that area in the Borough of Tauranga situated in Block X, Tauranga Survey District, containing by admeasurement 1 rood 39 perches and nine-tenths of a perch, more or less, being Lots 1, 2, and 3 as shown on the plan numbered 24445, deposited in the Auckland Land Registry Office, being Allotments 3 and 4 of Section 2, Town of Tauranga, and being the whole of the land comprised and described in certificate of title, Volume 639, folio 159, Auckland Registry, subject to Memoranda of Lease Numbers 15007, 15008, and 15009. Secondly, all that area situated as aforesaid containing by admeasurement 1 rood, more or less, being Allotment 193 of Section 2, Town of Tauranga. Thirdly, all that area situated as aforesaid containing by admeasurement 24 perches and nine-tenths of a perch, more or less, being Lot 1 as shown on the plan numbered 26977, deposited as aforesaid, being Allotment 72 of Section 1, Town of Tauranga, and being the whole of the land comprised and described in certificate of title, Volume 687, folio 41, Auckland Registry, subject to Memorandum of Lease Number 16656. Fourthly, all that area situated as aforesaid containing by admeasurement 1 rood and 24 perches, more or less, being Allotments 140 and 141 of Section 1, Town of Tauranga, as shown on the plan numbered 25532, deposited as aforesaid, and being the whole of the land comprised and described in certificate of title, Volume 661, folio 20, Auckland Registry, subject to Memorandum of Lease Number 15661. Fifthly, all that area situated as aforesaid containing by admeasurement 1 acre 3 roods 38 perches and four-tenths of a perch, more or less, being Lots 1, 2, 3, and 4 as shown on the plan numbered 29074, deposited as aforesaid, being Allotments 702 and 703 of Section 2, Town of Tauranga, and being the whole of the land comprised and described in certificate of title, Volume 669, folio 95, Auckland Registry, subject to Memoranda of Lease Numbers 17656, 17657, 17658, and 17659. Sixthly, all that area situated as aforesaid containing by admeasurement 1 acre 3 roods 39 perches and eight-tenths of a perch, more or less, being Lots 1, 2, 3, 4, 5, 6, 7, and 8 as shown on the plan numbered 30164, deposited as aforesaid, being Allotments 714 and 715 of Section 2, Town of Tauranga, and being the whole of the land comprised and described in certificate of title, Volume 690, folio 161, Auckland Registry, subject to Memoranda of Lease Numbers 19614, 19615, and 19616. Seventhly, all that area situated as aforesaid containing by admeasurement 5 acres and 2 roods, more or less, being Allotment 50, Suburbs of Tauranga, as shown on the plan numbered 25594, deposited as aforesaid, and being the whole of the land comprised and described in certificate of title, Volume 662, folio 32, Auckland Registry, subject to Memorandum of Lease Number 15751. Eighthly, all that area in the Tauranga County situated in Block X, Tauranga Survey District, containing by admeasurement 97 acres 2 roods and 20 perches, more or less, being Lots 1, 3, and 4 as shown on the plan numbered 30217, deposited as aforesaid, being part of Allotment 114, Te Papa Parish, and being the whole of the land comprised and described in certificate of title, Volume 747, folio 284, Auckland Registry, subject to Memoranda of Lease Numbers 18470 and 18471. Ninthly, all that area situated as aforesaid containing by admeasurement 56 acres and 15 perches, more or less, being Lots 1 and 2 as shown on the plan numbered 25466, deposited as aforesaid, being Allotment 14, Te Papa Parish, and being the whole of the land comprised and described in certificate of title, Volume 659, folio 217, Auckland Registry, subject to Memorandum of Lease Number 15632.
8: Amendment(s) incorporated in the Act(s)
9: This section shall come into force on 1 March 1952.
30: Closing a riverbank road in Block XI, Ohinewairua Survey District
Whereas the land described in subsection (2) is a legal road abutting the Moawhango River: And whereas section 147 of the Public Works Act 1928 And whereas it is desirable that the said area of road should be closed and declared to be Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Public Works Act 1928 Land Act 1948
2: The land to which this section relates is particularly described as follows: All that area in the Wellington Land District, Rangitikei County, containing by admeasurement 1 acre 2 roods and 37 perches, more or less, adjoining Part Awarua 2C 15 Block and road to be closed shown on SO Plan 22097, situated in Block XI, Ohinewairua Survey District: as the same is more particularly delineated on the plan marked L and S 36/1610, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon coloured green. (SO Plan 22447.)
31: Authorising the Patea Borough Council to sell certain lands
Whereas the lands described in the Schedule And whereas the Patea Borough Council Empowering Act 1930 Council And whereas for the better development of the borough it is desirable that the Council be empowered to sell the said lands and apply the proceeds thereof in the manner hereinafter provided: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the Council is hereby authorised and empowered to sell the lands described in the Schedule section 4 Schedule 2 Patea Borough Council Empowering Act 1930
2: The District Land Registrar for the Taranaki Land Registration District is hereby authorised and directed to accept such documents for registration and to do all such other things as may be necessary to give effect to the provisions of this section. |
DLM265526 | 1951 | Statutes Amendment Act 1951 | 1: Short Title
This Act may be cited as the Statutes Amendment Act 1951. Canterbury University College
2: Constitution of Council
Section 2 repealed 16 October 1957 University of Canterbury Amendment Act 1957 Counties
3: Sections to be read with Counties Act 1920
Sections 3-6 repealed 1 April 1957 Counties Act 1956
4: County Councils may acquire land for subdivision
Sections 3-6 repealed 1 April 1957 Counties Act 1956
5: Council may sell or lease building allotments
Sections 3-6 repealed 1 April 1957 Counties Act 1956
6: Borrowing powers of Councils
Sections 3-6 repealed 1 April 1957 Counties Act 1956 Dairy industry
7: Bulk milk collection by dairy companies
Section 7 repealed 1 January 1953 Dairy Industry Act 1952 Education
8: Constitution of Education Boards
Section 8 repealed 1 September 1953 Education Amendment Act 1953 Electoral
9: Sale of liquor to Maoris on polling day
Section 9 repealed 1 January 1957 Electoral Act 1956 Electrical Supply Authorities Association
10: Change of name of Electric Power Boards and Supply Authorities Association and Title of Act
Subsection 10 repealed 1 April 1989 Electricity Supply Association Amendment Act 1987
11: President and Executive Committee
Section 11 expired 1 April 1989 Electricity Supply Association Amendment Act 1987 Food and drugs
12: Special provisions as to sampling of milk, etc
Section 12 repealed 1 April 1970 Food and Drug Act 1969 Housing improvement
13: Alternative accommodation for persons residing in house at time of notice to pull down
Section 13 repealed 1 April 1980 9 Local Government Amendment Act 1979 Infants
14: Power of infant to enter into contract with prior approval of
District Court Section 14 repealed 1 January 1970 19 Minors Contracts Act 1969 The words District Court substituted Magistrates Court 1 April 1980 18(1) District Courts Amendment Act 1979
15: Consents required before adoption
Section 15 repealed 27 October 1955 30(1) Adoption Act 1955 Land settlement finance
16: Removing restrictions on transfer of land acquired from land settlement associations
Section 16 repealed 24 October 1952 7(9)(f) Finance Act (No 2) 1952 Land subdivision in counties
17: Appeal against Minister's decision as to value of building allotments
Section 17 repealed 1 December 1961 43(2) Counties Amendment Act 1961 Nassella tussock
18: Offence to fail to comply with notice to eradicate or control nassella tussock
Section 18 repealed 1 April 1979 Noxious Plants Act 1978 Nelson College
19: Constitution of Council of Governors of Nelson College
1: This section and section thirty-eight of the Finance Act 1931 (No 2) Nelson College Act 1858
2: Subsection one of section thirty-eight of the Finance Act 1931 (No 2)
a: By omitting the words Five Governors Two Governors
b: By omitting the words Two Governors elected by the parents Three Governors elected by the parents
c: By adding the following words:— One Governor appointed by the Executive of the Old Pupils' Association of Nelson College, Incorporated: One Governor appointed by the Executive of the Old Pupils' Association of Nelson Girls' College.
3: This section shall come into force on the first day of June, nineteen hundred and fifty-two. New Zealand university
20: Agricultural Colleges to have representatives on Senate
Section 20 repealed 1 January 1962 Universities Act 1961 Nurses and midwives
21: Section 28 of Nurses and Midwives Act 1945 (as to annual practising certificates) amended
Sections 21 22 repealed 1 April 1972 Nurses Act 1971
22: Power to make regulations as to practice of midwifery and maternity nursing. Repeal
Sections 21 22 repealed 1 April 1972 Nurses Act 1971 Public works
23: Basis of compensation
Section 23 repealed 1 February 1982 248 Public Works Act 1981 School of Agriculture
24: Repeal of
School of Agriculture Act 1937
1: The following enactments are hereby repealed:—
a: The School of Agriculture Act 1937
b: Section sixty Statutes Amendment Act 1944
2: Section twenty of the Education Amendment Act 1948 subsection one or the New Zealand School of Agriculture
3: Section fifteen Education Lands Act 1949 subsection one School of Agriculture
4: This section shall come into force on the first day of January, nineteen hundred and fifty-two. Stock
25: Control of artificial insemination of stock
Section 25 repealed 16 November 1967 Animals Act 1967 Wages protection and contractors' liens
26: Duty to retain part of contract price
Section 26 repealed 23 October 1952 Wages Protection and Contractor's Liens Amendment Act 1952 The references to four thousand dollars sixteen thousand dollars thirty thousand dollars one hundred and fifty thousand dollars two hundred thousand dollars substituted 10 July 1967 two thousand pounds eight thousand pounds fifteen thousand pounds seventy-five thousand pounds one hundred thousand pounds 7(1) Decimal Currency Act 1964 |
DLM264906 | 1951 | Finance Act 1951 | 1: Short Title
This Act may be cited as the Finance Act 1951.
1: Public revenues
2: Payment of child bonus
1: There may, without further appropriation than this section, be paid out of moneys available in the Consolidated Fund in respect of the financial year that ended with 31 March 1951, that the Minister of Finance is satisfied are in excess of the amounts reasonably required for the purposes of that Fund, an amount not exceeding in the aggregate the sum of 3,100,000 pounds for the purpose of paying a bonus of 5 pounds in respect of each child coming within any one of the following classes, namely:
a: children in respect of whom a family benefit or orphan's benefit under the Social Security Act 1938 was being paid at 30 June 1951:
b: children in respect of whom a family benefit or orphan's benefit is granted at any time after 30 June 1951, to commence on or before that date:
c: children ordinarily resident in New Zealand in respect of whom, but for payment of a war pension under the War Pensions Act 1943 or a pension from an overseas Government, a family benefit would have been payable at 30 June 1951:
d: any other child in respect of whom the Social Security Commission in its discretion directs that the bonus shall be paid.
2: Subject to the provisions of this section, all bonuses payable under this section shall be paid in the same manner and subject to the same conditions as if they were family benefits under the Social Security Act 1938.
3: This section shall be deemed to have come into force on 30 June 1951.
3: Transfer of surplus in Consolidated Fund to War Emergency Account
Section 3 repealed 1 January 1954 Public Revenues Act 1953
4: Gratuities to servicemen in respect of waterfront emergency
1: In this section the term servicemen
2: There may from time to time, without further appropriation than this section, be paid out of moneys received by the Crown in respect of services rendered by servicemen in connection with the emergency that existed on the waterfront from the month of February 1951, such amounts as the Minister of Finance decides, to be expended or applied in or for all or any of the following purposes:
a: in payment to such servicemen as the Minister of Defence decides of a gratuity at such rate or rates and subject to such conditions as the Minister of Finance decides:
b: for such other purpose for the benefit of servicemen or of the servicemen of any specified Force as the Minister of Finance decides:
c: for such other purpose, whether connected with the aforesaid emergency or not, as the Minister of Finance decides.
3: All payments heretofore made out of moneys received as aforesaid in providing gratuities, benefits, and payments for servicemen are hereby declared to have been lawfully made.
5: Increasing stamp allowance of members of Parliament
Section 5 repealed 1 January 1954 Public Revenues Act 1953
6: Amending provisions as to War Memorials Subsidies Deposit Account
Section 6 repealed 1 April 1978 Public Finance Act 1977
7: Amending provisions as to rates payable in respect of Rural Subdivision of the Kaitaia Drainage Area
Section 7 repealed 17 December 1968 Reserves and Other Lands Disposal Act 1968
8: Authorizing purchase of shares in Courtenay Investments, Limited
1: In this section— the company the settlement date
2: The Minister of Works may on behalf of His Majesty purchase all the shares in the capital of the company.
3: All moneys required to be paid by the Minister of Works in respect of the purchase of the shares shall, without further appropriation than this section, be paid out of the Public Works Account.
4: On the settlement date the company shall be deemed to be dissolved, and all the real and personal property, contracts, rights of action, and other rights, obligations, and liabilities of the company shall be deemed to become the property, contracts, rights, obligations, and liabilities of His Majesty without the necessity of any instrument of transfer, assignment, or other assurance. The dissolution shall be reported by the Minister of Works or by some person authorized by the Minister in that behalf to the appropriate Assistant Registrar of Companies, who shall make in his books a minute of the dissolution of the company.
5: All land vested in His Majesty by this section shall thereupon be deemed to be subject to the Public Works Act 1928 as if it had been acquired for a public work under that Act.
6: All legal proceedings commenced by or against the company and pending or in progress on the settlement date may be continued by or against His Majesty in the name of the company notwithstanding its dissolution, and any judgment or order given or made therein shall have the same consequences and effects in all respects as if it had been given or made in proceedings against His Majesty.
7: No person shall have any right of action against His Majesty in respect of any loss of office as a director or officer of the company by reason of the dissolution of the company pursuant to this section.
8: Notwithstanding anything in any other Act, where any real or personal property or right becomes vested in His Majesty by virtue of this section and the title of the company thereto is or should be entered in any register required by law to be kept, the Registrar or company or other person whose duty it is to keep that register shall at any time after the settlement date, on being requested in writing so to do by any person authorized in that behalf by the Minister of Works, without any fee, enter in the register His Majesty the King as the owner of that property or right.
9: A certificate by the Minister of Works as to the settlement date shall for all purposes be conclusive evidence of that date.
2: Salaries
9: Salaries of Judges of Supreme Court
Section 9 repealed 1 October 1954 Finance Act 1954
10: Salaries of additional Judges of Court of Arbitration
Section 10 repealed 1 November 1954 Industrial Conciliation and Arbitration Act 1954
11: Salaries of nominated members of Court of Arbitration
Section 11 repealed 1 April 1952 Fees and Travelling Allowances Act 1951
12: Salaries of Magistrates
Section 12 repealed 1 October 1954 Finance Act 1954
13: Salary of Chairman of Local Government Commission
Section 13 repealed 1 March 1954 Local Government Commission Act 1953
14: Salaries of Judges of Maori Land Court, members of Public Service Commission, and members of War Pensions Boards
Section 14 repealed 1 October 1954 Finance Act 1954
15: Salary of Controller and Auditor-General
Section 15 repealed 1 January 1954 Public Revenues Act 1953
16: General increase of salaries of Government servants
1: Notwithstanding anything to the contrary in section 19 of the Public Service Act 1912 or in any other enactment, and without limiting any other powers in that behalf, it is hereby declared that there may be paid from moneys appropriated by Parliament for the payment of salaries and of allowances in the nature of salary to persons employed by the Crown, such amounts by way of increase of salary from 14 February 1951 as shall not exceed in any case the rate of 160 pounds a year.
2: This section shall be deemed to have come into force on 15 February 1951.
3: Stamp duties, death duties, and gift duties
17: Exempting from gift duty donations made to Flood Relief Funds for Great Britain
Section 17 repealed 28 October 1955 Estate and Gift Duties Act 1955
18: Exempting from gift duty donations made to Otago Centennial Association, Inc
Section 18 repealed 28 October 1955 Estate and Gift Duties Act 1955
19: Exempting comprehensive motor vehicle insurance policies from stamp duty
Section 19 repealed 1 January 1955 Stamp Duties Act 1954
20: Amending provisions as to totalizator duty
Section 20 repealed 1 January 1955 Stamp Duties Act 1954
21: Amending provisions as to lottery duty
Section 21 repealed 1 January 1955 Stamp Duties Act 1954
22: Exempting from stamp duty, gift duty, and death duties gift from William Archibald Dampier Tripe, Esquire, to the Crown
Whereas by deed of agreement dated 6 March 1950 William Archibald Dampier Tripe, Esquire (in this section referred to as the donor And whereas by an undated agreement entered into in or about the year 1913 the donor, Walter Herbert Hockley Tripe, James Dudley Goyon Tripe, and Thomas Richard Tripe the then owners of the said land agreed that on the death of any of the owners the amount of actual cash invested by him in the said land should be deemed to be part of his estate and subject to the dispositions of his will: And whereas the personal representative in the estate of the said Thomas Richard Tripe on his death sold all his right, title, and interest in the said land to the 3 surviving owners and the donor pursuant to a deed dated 6 March 1950 purchased all the right, title, and interest in the said land of the estate of the said Walter Herbert Hockley Tripe deceased and pursuant to a further deed of the same date purchased all the right, title, and interest in the said land of the estate of the said James Dudley Goyon Tripe deceased, and the land is now vested in the donor as sole owner: And whereas it is desirable to exempt from payment of stamp duty the deeds and agreement hereinbefore recited and all instruments of conveyance necessary to give effect to those deeds and that agreement and to exempt from gift duty the gift of the said land to the Crown: Be it therefore enacted as follows:
1: Notwithstanding anything in the Stamp Duties Act 1908 or in the Stamp Duties Act 1923, no conveyance or other duty shall be payable or be deemed at any time to have been payable in respect of any hereinbefore recited deed or agreement or of any instrument of conveyance necessary to give effect to any such deed or agreement.
2: Notwithstanding anything in the Death Duties Act 1921, no gift duty shall be payable in respect of the gift of the said land by the donor to the Crown, and the said land shall not be included in the dutiable estate of the donor, notwithstanding that he may die within 3 years after having made the gift.
3: Nothing in the Stamp Duties Act 1908 or in the Stamp Duties Act 1923 requiring instruments to be stamped by the Stamp Duties Office shall apply with respect to any deed or agreement referred to in this section or to any instrument of conveyance required to give effect to any such deed or agreement, and the District Land Registrar shall not refuse to accept any such instrument of conveyance for registration on the ground that it has not been stamped by the Stamp Duties Office.
4: The land to which this section relates is particularly described as follows: All that piece of land containing two roods nine and three-tenths perches, more or less, situate in the City of Wellington, and being parts of Town Sections 471 and 472, and being also Lot 3 and parts of Lots 2 and 4 on Deposited Plan Number 2649, and being all the land comprised and described in certificate of title, Volume 302, folio 276, Wellington Registry, subject to Order in Council Number 309 exempting Bolton Street from section 117 of the Public Works Act 1905.
4: Local authorities and public bodies
23: Application of surplus of separate or special rate
Amendment(s) incorporated in the Act(s)
24: Authorizing and validating expenditure by local authorities in respect of entertainment of distinguished overseas visitors
It shall be lawful and be deemed to have been lawful for any local authority or public body to expend out of its general fund or account any sum or sums of money for the purpose of welcoming, entertaining, or otherwise tendering hospitality to any persons who have visited or hereafter visit New Zealand as the guests of the Government of New Zealand.
25: Authorizing local authorities to contribute towards cost of Canterbury air race
It shall be lawful for any local authority or public body to make contributions out of its general fund or account to the Canterbury International Air Race Council, Incorporated, towards the cost of an air race from England to Christchurch to be held in the year 1953.
26: Authorizing New Zealand Counties Association to borrow moneys
Section 26 repealed 1 November 1985 Local Government Amendment Act 1985
27: Validating gift by Auckland Harbour Board to Auckland University College
The payment by the Auckland Harbour Board of the sum of 500 pounds during the financial year of the Board that ended with 30 September 1951 to the Auckland University College Council towards the cost of the establishment and maintenance of the students' hostel known as O'Rorke Hall is hereby validated and declared to have been lawfully made.
28: Validating expenditure by Nelson Harbour Board for Harbours' Association conference
The expenditure by the Nelson Harbour Board of the sum of 186 pounds 6 shillings and 6 pence during the financial year of the Board that ended with 30 September 1951 in connection with the holding in Nelson of the 18th conference of the Harbours' Association of New Zealand and the entertainment of the delegates thereto is hereby validated and declared to have been lawfully incurred.
29: Validating salary and bonus payments by certain local authorities
1: Where any payment has heretofore been made by a local authority to any employee or former employee by way of salary, wages, or bonus in respect of any period when the Economic Stabilization Emergency Regulations 1942 were in force, whether the payment was made during that period or was made subsequently by way of bonus or retrospective increase in salary or wages, that payment shall if otherwise valid be deemed to have been lawfully made, notwithstanding that the approval of a Wages Commissioner under those regulations was not obtained to the payment and notwithstanding that the payment was in the nature of a bonus or a retrospective increase in salary or wages.
2: In this section the expression local authority
5: Miscellaneous
30: Financial year for State Coal Mines Account
Section 30 repealed 15 October 1959 Coal Mines Amendment Act 1959
31: Dissolution of Birchwood Coal Co., Ltd., and vesting of assets in Crown for State coal mines
Whereas all the shares in the capital of the Birchwood Coal Company, Limited, a company registered under the Companies Act 1933 (in this section referred to as the company And whereas the company has no creditors and is not carrying on business, and it is expedient to make provision for the dissolution of the company: Be it therefore enacted as follows:
1: On the passing of this Act the company shall be deemed to be dissolved, and all the real and personal property, contracts, rights of action and other rights, obligations, and liabilities of the company shall be deemed to become property, contracts, rights, obligations, and liabilities of His Majesty the King for the purposes of Part 3 of the Coal Mines Act 1925 without the necessity of any instrument of transfer, assignment, or other assurance.
2: The dissolution of the company shall be reported by the Minister of Mines or by some person authorized by the Minister in that behalf to the appropriate Assistant Registrar of Companies, who shall make in his books a minute of the dissolution of the company.
3: All lands and coal mines vested in His Majesty by this section shall be deemed to be subject to Part 3 of the Coal Mines Act 1925, and shall be held and dealt with thereunder and not otherwise.
4: Every estate, right, title, or interest of the company in or to or under any real or personal property or any contract or agreement shall pass by this Act, notwithstanding that the consent or approval of any person, body, or authority may be requisite for the assignment thereof by the company, or that it is not capable of assignment apart from the provisions of this Act.
5: Notwithstanding anything in any other Act, where any real or personal property or right becomes vested in His Majesty by virtue of this Act and the title of the company thereto is or should have been entered in any register required by law to be kept, the Registrar or company or other person whose duty it is to keep that register shall, on the request in writing of the Minister of Mines or of any other person authorized by the Minister in that behalf, without payment of any fee, enter in the register the name of His Majesty the King as the owner of that property or right.
6: No estate or interest of the company in any real or personal property shall upon its vesting in His Majesty pursuant to this Act merge in any other estate or interest in that property already held by His Majesty or be in any way affected by reason of the fact that the title thereto consists in a grant or demise issued by His Majesty or issued in respect of Crown lands; and every such estate or interest shall continue to subsist for the purposes of Part 3 of the Coal Mines Act 1925.
7: The Minister of Mines or any other person authorized in that behalf by the Minister may from time to time exercise on behalf of His Majesty all or any of His Majesty's rights and powers as owner of the property, contracts, and rights vested in His Majesty by this Act.
32: Allowance to Coal Miners' Relief Fund Local Committees
Section 32 repealed 26 November 1953 Coal Mines Amendment Act 1953
33: Recovery of coal levy for Coal Mining Districts Amenities Fund
Section 33 repealed 26 November 1953 Coal Mines Amendment Act 1953
34: Railway deviation authorized
Section 34 repealed 1 February 1982 Public Works Act 1981
35: Repealing provisions as to preparation and gazetting of 4-weekly Railways Working Account
Amendment(s) incorporated in the Act(s)
36: Repealing provisions as to returns of deposits with building societies, investment societies, and trading companies
Amendment(s) incorporated in the Act(s)
37: Repealing provisions authorizing Education Boards to purchase cars for resale to officers
Section 37 repealed 15 October 1965 Education Act 1964
38: Disposal of accumulated revenues from Auckland Supreme Court site
Whereas by paragraph (c) of subsection (1) of section 4 of the Auckland Education Reserves Act 1912 (which section was repealed and a new section substituted by section 19 of the Reserves and Other Lands Disposal Act 1949) it was provided that one-third of the rents and profits of certain lands formerly known as the Auckland Supreme Court site should be paid to the controlling authorities of certain schools for the establishment, equipment, and maintenance of technical classes, of which not less than half was to be paid on account of classes for agricultural purposes: And whereas at the date of the repeal of the said section certain accumulated funds were held by the governing bodies of those schools for the purposes specified in the said paragraph (c) and are still held by them for those purposes: And whereas those funds are no longer required for those purposes and it is expedient that provision be made for their expenditure for other school purposes: Be it therefore enacted as follows: All moneys which at the passing of this Act are held by the governing body of any school for any of the purposes specified in paragraph (c) of subsection (1) of section 4 of the Auckland Education Reserves Act 1912 may, with the prior approval of the Minister of Education, be expended for any other purpose in connection with the school in addition to or instead of any of the purposes specified in that paragraph.
39: Traders deposit accounts in the Cook Islands
Section 39 repealed 1 September 1958 Cook Islands Amendment Act 1957
40: Superannuation for Right Honourable William Joseph Jordan
1: A superannuation allowance at the rate of 500 pounds a year shall be paid to the Right Honourable William Joseph Jordan who has retired from office as High Commissioner for New Zealand in the United Kingdom.
2: The said superannuation allowance shall be paid from 1 March 1952, during the life of the said Right Honourable William Joseph Jordan, and shall be paid out of the Consolidated Fund without further appropriation than this section. |
DLM264192 | 1951 | Maori Purposes Act 1951 | 1: Short Title
This Act may be cited as the Maori Purposes Act 1951.
2: Provisions of Maori Land Act 1931 to apply to Parts 1 and 4
Words and expressions used in Part 1 Part 4 Maori Land Act 1931 principal Act
1: Amendment of laws
Part 1 repealed 1 January 1956 section 57(1) Maori Trust Boards Act 1955
3: Maori Land Court Judges to retire at age of 68 years
Section 3 repealed 1 April 1954 Maori Affairs Act 1953
4: Authorising Maori Trustee to transfer £10,000 to Maori Hostels Fund
Section 4 repealed 1 April 1954 section 53(1) Māori Trustee Act 1953
5: Authorising additional Maori Trust Boards to accept certain securities
Section 5 repealed 1 January 1956 section 57(1) Maori Trust Boards Act 1955
6: Section 8 of Maori Purposes Act 1943 amended
Section 6 repealed 1 April 1954 Maori Affairs Act 1953
7: Revenue from land subject to Part 1 of Maori Land Amendment Act 1936 may be paid to owner who is also occupier without the consent of the Minister of Finance
Section 7 repealed 1 April 1954 Maori Affairs Act 1953
8: Marriages in which a party is a Maori to be subject to general law
Section 8 repealed 1 April 1954 Maori Affairs Act 1953
9: Extension of terms of certain leases
Section 9 repealed 29 September 1954 section 77 Maori Vested Lands Administration Act 1954
2: East Coast Maori Trust lands
10: This Part to be read together with and deemed part of Part 4 of Maori Purposes Act 1931
This Part shall be read together with and deemed part of Part 4
11: Interpretation
In this Part, unless the context otherwise requires— the agreement Commissioner Part 4 Compensation Fund Council section 28 court Mangaotane Trust Estate
12: Mangaotane Trust Estate and Compensation Fund Account established
1: There is hereby established, as one of the separate trust estates administered by the Commissioner, a trust estate to be known as the Mangaotane Trust Estate.
2: The Mangaotane Trust Estate shall be deemed, for the purposes of this Part, to have been established on 10 September 1951.
3: The assets of the Mangaotane Trust Estate shall be deemed to be the assets, comprising the freehold lands and all improvements thereon, the livestock on hand, and the plant, machinery, and furniture, as shown on 30 June 1951 in the account known as the Mangatu 5 and 6 Account.
4: As soon as practicable after the passing of this Act, the Commissioner shall—
a: transfer to an account established by him in respect of the Mangaotane Trust Estate, to be known as the Mangaotane Trust Estate Account, the assets referred to in subsection (3):
b: borrow, upon the security of the assets of the Mangaotane Trust Estate, or such of them as may reasonably be required as security therefor, the principal sum of 11,570 pounds for such term and at such rate of interest and upon such conditions generally as shall be agreed upon between the Commissioner and the lender:
c: establish in the books of account kept by him in accordance with Part 4
i: all moneys standing to the credit, on 30 June 1951, of the account established by the Commissioner known as the Special Reserve:
ii: the sum of 11,570 pounds borrowed in accordance with the provisions of paragraph (b):
iii: so much of the moneys standing to the credit of the account established by the Commissioner known as the General Reserve as may be necessary to bring the amount in the Compensation Fund Account to the sum of 59,505 pounds.
5: The value of the assets of the Mangaotane Trust Estate transferred pursuant to paragraph (a) of subsection (4) shall, for the purposes of this Part, be deemed to be 64,708 pounds.
6: The amount to be transferred to the Compensation Fund Account from the General Reserve pursuant to paragraph (c) of subsection (4) may be transferred, without complying with the provisions of section 50
7: Notwithstanding anything contained in section 47 of the Maori Trustee Act 1930, the Maori Trustee is hereby authorised and empowered to invest the sum of 11,570 pounds upon the security referred to in paragraph (b) of subsection (4) of this section.
13: Adjustment of expenses
1: The Mangaotane Trust Estate shall be liable, as from 30 June 1951, for the payment of all rates, taxes, and other outgoings and of usual working and running expenses in relation to the management, farming, and working of the land comprised in the estate.
2: The Mangaotane Trust Estate shall be entitled to the proceeds of all sales of stock or other produce made on or after 1 July 1951; but shall not be entitled to any wool or other produce shown as unrealised, as on 30 June 1951, in the account known as the Mangatu 5 and 6 Account or the proceeds thereof, nor to any moneys held in any Wool Retention Account in respect of wool clipped prior to 1 July 1951.
14: Trusts for Mangaotane Trust Estate and Compensation Fund
1: The Commissioner shall hold the assets of the Mangaotane Trust Estate, subject to the charge created pursuant to paragraph (b) of subsection (4) of section 12 Part 1 section 17
2: The Commissioner shall hold the Compensation Fund in trust to pay the moneys therein to the persons, to be determined in manner hereinafter provided, who would have been on 10 September 1951 the owners, according to Maori custom and usage, of the blocks of land referred to in the first column of Part 2
3: The amount payable from the Compensation Fund to the persons who would have been the owners as aforesaid of each such block of land shall be the amount set out in the second column of Part 2
4: The persons whose ownership as on 10 September 1951 of each block of land referred to in subsection (1) or subsection (2) is determined in accordance with this Part, are hereinafter in this Part, unless the context otherwise requires, referred to as the owners of that block of land.
15: Applications to be made to determine owners
1: The Commissioner shall cause to be made, in respect of each block of land referred to in section 14
2: The duty of prosecuting any such application shall be upon the persons claiming to be interested as owners of the land to which the application relates.
16: Jurisdiction of court
1: In hearing and determining any such application the court shall, subject to the provisions of this Part, proceed as nearly as may be as if it were exercising jurisdiction under Part 4 of the Maori Land Act 1931, and as if the land to which the application relates were Maori customary land; and the provisions of that Part shall, as far as they are applicable, and with the necessary modifications, apply accordingly: provided that nothing in this section shall be deemed to authorise the court to make a freehold order in respect of any land or any other order in derogation of the existing title to that land.
2: In the exercise of the jurisdiction conferred by this section, the court shall be bound by any former determination of the court or the Maori Appellate Court so far as that determination relates to the ascertainment of the owners of the land mentioned in the application or to the ascertainment of the relative shares or interests of the owners in that land.
17: Order for Mangaotane Trust Estate
1: When the orders made by the court under section 16 Part 1
2: The following provisions shall apply in respect of the allocation of shares in the Mangaotane Trust Estate:
a: the total number of shares to be allocated shall be 53 138 equal shares (representing the value of the assets referred to in subsection (3) of section 12
b: the aggregate number of shares to be allocated to the owners of each block of land referred to in the first column of Part 1
c: the number of shares allocated to each such owner shall, subject to the provisions of paragraph (d), accord with his relative share or interest in the block of land of which he has, in accordance with the provisions of this Part, been determined to be a part owner:
d: in allocating shares, the court shall, so far as it is practicable so to do, adjust the shares in such a way as to avoid the allocation of a fractional part of a share to any person, and so that the aggregate shares awarded shall be 53 138 equal shares.
3: No appeal shall lie to the Maori Appellate Court from the order made by the court under this section.
18: Effect of order
Section 18 repealed 27 November 1970 section 25(1) Maori Purposes Act 1970
19: Protection and payment of moneys in Compensation Fund
Section 19 repealed 20 October 1966 section 17(3) Maori Purposes Act 1966
20: Provisions as to separate trust estates
1: With respect to the several trust estates vested in the Commissioner the following provisions shall apply:
a: the several separate trust estates vested in the Commissioner are hereby declared to be those estates which are referred to in Part 3
b: all the real and personal property which, on the commencement of this Act, is vested in the Commissioner (other than the office premises of the Commissioner and any other common property), shall be held by the Commissioner on behalf of the several separate trust estates according as that property is, on the commencement of this Act, so recorded in the books and accounts of the Commissioner and as it will be so recorded, in accordance with the provisions of this Part, in relation to the Mangaotane Trust Estate:
c: all livestock which, on the commencement of this Act, is depastured on the land comprised in any separate trust estate and charged thereto in the books and accounts of the Commissioner, and all plant, machinery, and furniture on and charged in manner aforesaid to the separate trust estate shall be and shall at all times be deemed to have been held by the Commissioner on behalf of that separate trust estate, subject, in respect of the Mangaotane Trust Estate, to the provisions of this Part:
d: all land or interests in land acquired by the Commissioner (other than the land comprised in the site of the office premises of the Commissioner) shall be, and shall be deemed as from the date of the acquisition thereof to have been, held by the Commissioner on behalf of the separate trust estate to which the costs of acquisition have been charged and shall be deemed to be a part of that separate trust estate.
2: Nothing in subsection (1) shall be so construed as to prevent the Commissioner from making any entry in his books and accounts for the purpose of remedying any mistake, error, or omission therein.
21: Property not belonging to separate trust estates to be assets of General Reserve
The Commissioner shall hold all the real and personal property vested in him, other than the real or personal property which, in accordance with the provisions of section 20
22: Payment of costs
1: From the moneys lying to the credit of the General Reserve after the moneys required by section 12 provided that, if no moneys remain in the General Reserve, or if the moneys so remaining are insufficient for the said purposes, the Commissioner shall pay the whole or the remaining portion of the costs, charges, and expenses from his general account as administration costs.
2: Any sum paid by the Commissioner from his general account pursuant to the provisions of subsection (1), or any part of any such sum, may be charged to such other account or accounts of any trust estate or trust estates under his administration as the Commissioner, with the approval of the Council, shall decide.
23: Disposition of moneys in General Reserve
Subject to the provisions of this Part, the moneys in the General Reserve may from time to time be disposed of by transfer to the accounts of such of the separate trust estates (other than the Mangaotane Trust Estate) as the Commissioner, with the approval of the Council, shall decide; or the Commissioner, may, with the like approval, apply any such moneys or any part or parts of any such moneys in the discharge or writing off, whether wholly or in part, of any loss or losses on any undertaking and of any debt or debts to the Commissioner which in his opinion should not be charged, wholly or in part, to 1 or more of the several separate trust estates, and may dispose of the balance of any such moneys by transfer as aforesaid.
24: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2: This section shall be deemed to have come into force on 30 June 1951.
25: This Part to be settlement of all claims referred to in agreement
1: The provisions of this Part shall be deemed to be a full and final settlement and discharge of all claims, rights, and liabilities referred to in paragraph 21 of the agreement and, except as provided by this Part, no action or other proceeding shall be commenced in any court in relation to any of those claims, rights, and liabilities.
2: The agreement shall be deemed to have been made by and with the authority of the persons who, or whose rights, are thereby affected, and the agreement shall, subject to the provisions of this Part, be binding on all such persons and shall have effect as if the same were an order of the Supreme Court.
26: Provisions of this Part to have effect notwithstanding judgments or decrees of Validation Court
The provisions of this Part shall have effect notwithstanding any judgment, order, or decree of the Validation Court.
3: West Coast Settlement Reserves
Part 3 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
27: This Part to be read together with and deemed part of the West Coast Settlement Reserves Act 1892
Section 27 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
28: Maori Trustee may execute certificate of extension of leases
Section 28 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
29: Adjoining areas may be incorporated in existing lease
Section 29 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
30: Section 14 of West Coast Settlement Reserves Amendment Act 1948 amended
Section 30 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
4: Miscellaneous powers
Waikato-Maniapoto District Heading repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
31: Authorising court to hear application for probate of will of Koneke Matetoto, deceased
Section 31 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
32: Vesting of certain land in the Crown and provision for compensation to Maori owners
Section 32 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 Waiariki District
33: Provisions as to administration of Mayor Island
Whereas the land known as Mayor Island or Tuhua, situated in the Bay of Plenty, is Maori land, and certain undivided interests in the land have been acquired by His Majesty the King: And whereas it is desirable that provision should be made for the proper control of the said land: And whereas the Maori Land Court, on 10 November 1949, made an order pursuant to section 8 And whereas doubts have been raised as to the validity of certain provisions of the said order: Be it therefore enacted as follows:
1: Notwithstanding anything in section 8
2: Any instrument required to be executed in writing by the trustees appointed pursuant to the said order shall be deemed to be validly executed if the said instrument is signed by 4 of the said trustees and the secretary to the trustees.
3: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make all such entries in the register as may be necessary to give effect to this section.
34: Authorising Waiariki Maori Land Board to expend moneys in erection of landing at Little Awanui
Section 34 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 Aotea District
35: Authorising repayment of sum to Aotea Maori Land Board
Section 35 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
36: Jurisdiction conferred on Court of Appeal in relation to ownership of bed of Wanganui River
1: There is hereby conferred upon the Court of Appeal jurisdiction to determine the following questions:
a: whether immediately prior to the passing of section 14 of the Coal Mines Act Amendment Act 1903, the soil of the bed of the Wanganui River between the tidal limit at Raorikia and the junction of the Wanganui and Whakapapa Rivers above Taumarunui was held by Maoris under their customs and usages, or what (if any) other rights in the said river bed were then possessed by Maoris:
b: to what Maori or Maoris, hapu, tribe, or other group or classes of Maoris (if any) did the said river bed or the said rights then belong.
2: For the purposes of and in order to assist in any determination under this section the proceedings in an action brought in the Supreme Court at Wellington by His Majesty the King on 27 January 1948 against David Gordon Bruce Morison of Wellington, Chief Judge of the Maori Land Court, and one Titi Tihu of Taumarunui, a Maori, shall be deemed, as from the date of the passing of this Act, to have been removed into the Court of Appeal as if no judgment had been given and so that the evidence adduced before the Supreme Court in that action may be available for the determination of the questions referred to in subsection (1) in the same manner as if the said section 14 of the Coal Mines Act Amendment Act 1903 had not been passed.
3: The Court of Appeal may receive in evidence in the proceedings before it under this section the record of the evidence in the Maori Land Court upon an application made on or about 24 February 1938 by the said Titi Tihu on behalf of himself and others for an investigation of the title to a certain part of the Wanganui River and its bed, alleging the same to be Maori customary land.
4: The Court of Appeal may also receive in evidence in the said proceedings the record of the evidence given before the Royal Commission appointed on 25 January 1950 to inquire into and report upon claims made by certain Maoris in respect of the Wanganui River.
5: The Court of Appeal may also receive in the said proceedings such further evidence as it shall think fit and for that purpose may make such orders as may seem to it to be desirable for the taking of any such evidence, either orally before itself, or before any Registrar of the Supreme Court, or by affidavit.
6: The Court of Appeal may make such orders regarding the procedure in the said proceedings as it shall think to be calculated to assist it in the determination of the matters referred to in subsection (1).
7: Any party to any proceedings under this section shall have a right of appeal to His Majesty in Council from the judgment of the Court of Appeal in the said proceedings upon compliance with the rules governing appeals from the Court of Appeal to His Majesty in Council. Ikaroa District
37: Payment of moneys from estate of Pukepuke Tangiora, deceased
In addition to the powers conferred upon them by section 17 section 16 section 19
a: the purchase of furnishings, equipment, chattels, or effects for use in his or her home:
b: the provision of necessary clothing and other apparel, school books, and utensils and the payment of school fees, charges for board and lodging, and all other charges incidental to the education of his or her children:
c: the payment of a sum not exceeding 600 pounds for the purchase of furniture, furnishings, equipment, chattels, or effects for use in the home of Peti Mohi, the widow of Te Akonga Mohi:
d: for any purpose not hereinbefore provided and approved in that behalf by the Maori Land Court Section 37(d) amended 16 September 2011 section 6(2) Māori Purposes Act 2011
38: Authorising Otaki and Porirua Trusts Board to make grants towards upkeep of Maori church at Otaki
Notwithstanding anything in the Otaki and Porirua Trusts Act 1943 Rangiatea
39: Palmerston North Maori Reserve
Section 39 repealed 1 January 1956 section 93(1) Maori Reserved Land Act 1955
40: Provisions as to land in estate of Teo Tipene, deceased
Section 40 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 |
DLM263666 | 1951 | Patriotic and Canteen Funds Amendment Act 1951 | 1: Short Title
This Act may be cited as the Patriotic and Canteen Funds Amendment Act 1951, and shall be read together with and deemed part of the Patriotic and Canteen Funds Act 1947
2:
3: Validating contributions to and payments out of Staff Provident Fund
1: All payments made by the Joint Council of the Order of St John and the New Zealand Red Cross Society by way of contributions in respect of salaries and wages earned during the period that commenced on the 1st day of April 1949, and ended with the 31st day of May 1951, to the Staff Provident Fund established by the Joint Council for the purpose of providing retiring allowances and other benefits to officers and servants of the Joint Council and their personal representatives and dependants, and made out of money made available by the New Zealand Patriotic Fund Board to the Joint Council as an expending agent of the Board, are hereby validated and declared to have been lawfully made.
2: It shall be lawful and be deemed to have been lawful for the said Joint Council to apply so much of the money for the time being comprising the Staff Provident Fund referred to in subsection (1) |
DLM263674 | 1951 | Land Amendment Act 1951 | 1: Short Title
This Act may be cited as the Land Amendment Act 1951, and shall be read together with and deemed part of the Land Act 1948
1: Miscellaneous amendments
2: Section 2 repealed 1 April 1973 Coal Mines Amendment Act 1972
3:
4:
5:
6:
7: Section 7 repealed 1 January 1971 4(2) Land Amendment Act 1970
8:
1:
2:
3:
4: Subsections (1)-(2) repealed 1 July 1996 Survey Amendment Act 1996
9: 1942 basic values deemed to have ceased to apply to land other than farm land as from 23 February 1950
Notwithstanding anything in the Servicemen's Settlement Act 1950 subsection (6) Land Amendment Act 1950 subsection (2) Servicemen's Settlement and Land Sales Regulations 1949, Amendment No 1
10:
1:
2:
3:
4: Subsections (1)-(2) repealed 1 January 1971 7(4) Land Amendment Act 1970 Subsections (3)-(4) repealed 1 January 1971 12(2) Land Amendment Act 1970
11:
2: Review of liabilities of discharged servicemen
12:
13: Repealing existing provisions as to review of liabilities
1: The principal Act is hereby amended by repealing sections 154 to 164
2: Sections 16 and 19 of the Land Amendment Act 1950
14:
15:
16:
17:
18:
19:
20:
21: Saving as to applications pending
Where before the passing of this Act application has been made under Part 10 |
DLM264108 | 1951 | Local Legislation Act 1951 | 1: Short Title
This Act may be cited as the Local Legislation Act 1951. County councils
2: Provision with respect to expenditure of moneys by Cheviot County Council in connection with Canterbury centennial celebrations
The Cheviot County Council (in this section referred to as the Council
3: Authorising Matamata County Council to make
ex gratia Whereas by an agreement dated 10 March 1947, made between McHarrie Brothers, of Hamilton, bridge builders (in this section referred to as the contractors Council And whereas, owing to circumstances beyond their control causing delay in completion of the works, increased costs were incurred by the contractors and the contractors suffered considerable loss: And whereas the Council, in the circumstances, is desirous of making a payment of 634 pounds 10 shillings and 5 pence to the contractors: Be it therefore enacted as follows: The Council is hereby empowered to pay the sum of 634 pounds 10 shillings and 5 pence to the contractors by way of compensation in respect of the loss incurred by the contractors.
4: Validating raising of certain loan moneys by Tauranga County Council
Whereas by Order in Council made on 30 July 1947 consent was given to the raising by the Tauranga County Council (in this section referred to as the Council loan And whereas one of the said terms and conditions was that no moneys should be borrowed after the expiration of 2 years from the date of the said Order in Council: And whereas, at a date subsequent to the expiration of the said period of 2 years, the Council raised the sum of 4,000 pounds as portion of the loan: And whereas it is expedient that the action of the Council in raising the said portion of the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portion of the loan after the expiration of the period specified by the said Order in Council is hereby validated, the moneys received by the Council in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
5: Authorising raising of special loan by Murchison County Council
Whereas, by Orders in Council made on 2 February 1949 and 6 September 1950 pursuant to the Local Government Loans Board Act 1926 Council And whereas, after expending the amount of the said loans, the Council expended, out of its County Fund Account, moneys amounting in the aggregate to the sum of 2,463 pounds 10 shillings and 5 pence in completion of the works for which the aforesaid loans were raised: And whereas it is desirable to authorise the Council to raise a loan of 2,450 pounds for the purpose of recouping its County Fund Account in respect of portion of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act
6: Provision with respect to certain contract of Whangaroa County Council
Notwithstanding anything to the contrary in any Act or rule of law, nothing in the Local Authorities (Members' Contracts) Act 1934
7: Authorising Westland County Council to raise a special loan for housing purposes
Whereas the Westland County Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its County Fund Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act
8: Provision with respect to overdraft of Coromandel County Council
Whereas the Coromandel County Council (in this section referred to as the Council Local Bodies’ Finance Act 1921–22 And whereas the liabilities of the Council in excess of the limits prescribed by the said Act, as at 31 March 1951, amounted to the sum of 7,145 pounds 3 shillings and 4 pence: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Local Bodies' Finance Act 1921–22
2: For the purpose of partially repaying the said excess liabilities the Council is hereby authorised and empowered to borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the said Act
3: The Council shall repay the said sum of 7,000 pounds by 7 equal payments out of moneys credited to its General Account, 1 such payment to be made in each year during the period of 7 years commencing on 1 April 1952: provided that the Council may in any year repay out of the said General Account an amount greater than a seventh part.
4: The said sum of 7,000 pounds shall be carried to a separate account at the bank, and all payments made in reduction of the said sum shall be credited to that account.
5: The said sum of 7,000 pounds shall not at any time heretofore be deemed to have been taken into account, nor shall any amount at any time lawfully owing under this section hereafter be taken into account, in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 3 of the said Act
9: Provision with respect to expenditure of moneys by Manawatu County Council in connection with jubilee celebrations
The Manawatu County Council (in this section referred to as the Council
10: Authorising Waikohu County Council to raise a special loan for housing purposes
Whereas the Waikohu County Council (in this section referred to as the Council proposed loan And whereas, prior to sanction being given to the raising of the proposed loan, the Council had expended out of its General Account the sum of 1,300 pounds in the purchase of the land described in subsection (3): And whereas the Local Government Loans Board has no authority to sanction that part of the proposed loan which relates to the purposes upon which the said sum has been expended: And whereas it is desirable to authorise the Council to raise a special loan not exceeding 1,300 pounds for the purpose of recouping its General Account in respect of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act
2: The Council is hereby authorised, out of the proceeds of the said loan, when raised, to refund to its General Account such moneys as may have been advanced thereout for the purposes for which the said loan is to be raised.
3: The land to which this section relates is more particularly described as follows: All that parcel of land containing by admeasurement 6 acres 3 roods and 23 perches, more or less, being part of Karaka 1 Block and being also Lot 2 on a plan deposited in the Deeds Registry Office at Gisborne as Number 3085, and being the whole of the land comprised and described in certificate of title, Volume 103, folio 138, Gisborne Registry. City and borough councils
11: Authorising Wellington City Council to effect a changeover from direct current system to alternating current system
Whereas the Wellington City Council (in this section referred to as the Council And whereas it is expedient to authorise the change and prescribe the conditions subject to which the Council may cease supplying electrical energy on the direct current system: Be it therefore enacted as follows:
1: Subject to the provisions of this section and of any Order in Council made pursuant to this section, the Council is hereby authorised to discontinue the supply to any consumer of electrical energy on the direct current system and to supply instead electrical energy on the alternating current system.
2: The Council shall not discontinue the supply to any consumer of electrical energy on the direct current system until the consumer has had reasonable notice of the date when any such supply will be discontinued so as to enable him to adapt his installation to utilise alternating current or to install other power.
3: The Governor-General may from time to time, by Order in Council, make provision as to the methods of apportioning the cost and expenses in connection with the change in the method of supply of electrical energy referred to in subsection (1) and as to the payment thereof and may prescribe any further conditions he thinks fit, and all such provisions and conditions shall be valid and binding on the Council and on every consumer affected.
4: The Council is hereby authorised to pay its proportion of the costs and expenses incurred pursuant to this section.
12: Authorising Opotiki Borough Council to raise a special loan for housing purposes
Whereas the Opotiki Borough Council (in this section referred to as the Council And whereas the Council purchased the said land and the buildings erected thereon for the purpose of providing a dwelling for an employee of the Council: And whereas the amount paid by the Council for the said land and buildings and for incidental costs amounted to the sum of 1,936 pounds, and the amount subsequently spent by the Council in repairs and renovations to the house erected on the said land amounted to the sum of 374 pounds, both of which amounts were paid by the Council out of its District Fund Account: And whereas, in order to refund to its District Fund Account the amounts expended as aforesaid, it is desirable that the Council should be authorised to raise a special loan of 2,300 pounds: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered, by special order, to raise the sum of 2,300 pounds by way of special loan pursuant to the provisions of the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act
2: The Council shall, out of the proceeds of the said loan when raised, refund to its District Fund Account the moneys advanced thereout for the purpose of meeting the cost of the purchase of the said land and buildings and of repairs and renovations to the buildings and of incidental expenses.
3: The land to which this section relates is more particularly described as follows: All that parcel of land, situated in the Borough of Opotiki containing by admeasurement 1 rood 11 perches and ninety-two hundredths of a perch, more or less, being Lot 2 on Deposited Plan Number 3690, Gisborne Registry, and being the whole of the land comprised in certificate of title, Volume 95, folio 238, Gisborne Registry.
13: Authorising Dannevirke Borough Council to expend moneys in connection with jubilee celebrations
The Dannevirke Borough Council is hereby authorised and empowered to expend moneys, not exceeding the sum of 510 pounds, out of its general revenues in connection with the celebration and commemoration of the Borough Jubilee in 1952, and to make payments and grants to any person or persons for those purposes.
14: Authorising Putaruru Borough Council to levy separate rate
Whereas, by an agreement (in this section referred to as the first agreement Board County Council And whereas, by a further agreement (in this section referred to as the second agreement And whereas the County Council made an offer to the Putaruru Borough Council (in this section referred to as the Borough Council And whereas the Borough Council is desirous of making and levying a separate rate, based on the unimproved value, on all lands in the Borough of Putaruru to provide for the said payments: Be it therefore enacted as follows: The Borough Council is hereby authorised and empowered to make and levy a separate rate, based on the unimproved value, on all rateable property in the Borough of Putaruru for a period of 5 years commencing on 1 April 1952 to provide for payments due to the County Council in terms of the second agreement.
15: Validating raising of certain loan moneys by Dannevirke Borough Council
Whereas by Order in Council made on 10 November 1948 consent was given to the raising by the Dannevirke Borough Council (in this section referred to as the Council loan And whereas one of the said terms and conditions was that no moneys should be borrowed after the expiration of 2 years from the date of the said Order in Council: And whereas at a date subsequent to the expiration of the said period of 2 years the Council raised the sum of 1,900 pounds as portion of the loan: And whereas it is expedient that the action of the Council in raising the said portion of the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portion of the loan after the expiration of the period specified by the said Order in Council is hereby validated, the moneys received by the Council in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
16: Validating raising of certain loan moneys by Christchurch City Council
Whereas by Order in Council made on 23 July 1947 consent was given to the raising by the Christchurch City Council (in this section referred to as the Council loan And whereas one of the said terms and conditions was that no moneys should be borrowed after the expiration of 2 years from the date of the said Order in Council: And whereas, by Order in Council made on 20 July 1949, the time within which the loan was authorised to be raised was extended for a further period of 1 year: And whereas, subsequent to the expiration of the period specified by the said Orders in Council, the Council raised sums amounting in all to 1,200 pounds as portion of the loan: And whereas it is expedient that the action of the Council in raising the said portion of the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portion of the loan after the expiration of the period specified by the said Orders in Council is hereby validated, the moneys received by the Council in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
17: Validating certain agreement made between New Plymouth City Council and the Crown
Whereas by an agreement dated 30 July 1951, of which a certified copy is deposited in the Department of Internal Affairs at Wellington, under Number IA 105/629, made between the Mayor, Councillors, and Citizens of the City of New Plymouth (in this section referred to as the Corporation Crown And whereas, to assist the Corporation to meet the cost of erecting the said new building, the Crown agreed in the said agreement to make the following payments to the Corporation by way of rent paid in advance, that is to say:
a: a payment of 6,000 pounds immediately the erection of the said new building shall have begun; and
b: a payment of 6,000 pounds immediately the said erection shall have been half completed; and
c: a payment of 6,000 pounds immediately the said erection shall have been three-quarters completed; and
d: a final payment when the said erection shall have been completed of an amount which, when added to the amount of 18,000 pounds already paid, will equal 85% of the cost of the erection of the new building: And whereas by the said agreement it was further agreed that the payments made by the Crown as aforesaid should represent the present value of the rent so paid in advance actuarily calculated as at the date of payment on the basis of 3 pounds per cent per annum with yearly rests: And whereas doubts have arisen as to the validity of the said agreement and it is desirable that it should be validated: Be it therefore enacted as follows: Notwithstanding anything contained in the Municipal Corporations Act 1933
18: Provision with respect to application of proceeds derived from sale of certain land by Lower Hutt City Council
Whereas the Mayor, Councillors, and Citizens of the City of Lower Hutt (in this section referred to as the Corporation And whereas the Lower Hutt City Council (in this section referred to as the Council section 156 of the Municipal Corporations Act 1933 And whereas the Council has adequate sanitary reserves for the purposes of the city, and it is expedient to authorise the Council to hold and apply the proceeds of the sale of any portion of the said land for the purposes of the erection of a public library: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Municipal Corporations Act 1933
2: The land to which this section relates is more particularly described as follows: All that area in the Wellington Land District, City of Lower Hutt, situated in Block XIV, Belmont Survey District, containing by admeasurement 3 acres 2 perches and eighty-four hundredths of a perch, more or less, being part of Lot 2 on a plan deposited in the Land Registry Office at Wellington under Number 985, being part of Section 77, Hutt District, and being the balance of the land comprised and described in certificate of title, Volume 394, folio 154, Wellington Registry.
19: Provision with respect to certain contract entered into by Dunedin City Council
Whereas, for the purpose of extending and augmenting its water supply system, the Dunedin City Council (in this section referred to as the Council company And whereas the Council has been informed that the company is in a position to fulfil the said contract, and a progress payment has been made by the Council to the company on account: And whereas it is desirable to authorise the Council to charge the whole of the moneys paid and payable to the company in respect of the said contract against any loan which may hereafter be raised pursuant to the Local Bodies' Loans Act 1926 Be it therefore enacted as follows: The Council is hereby authorised to charge the whole of the moneys paid and payable to the company in respect of the said contract against any loan hereafter authorised and raised pursuant to the Local Bodies' Loans Act 1926 provided that the total amount that may be charged as aforesaid shall not exceed the sum of 30,000 pounds.
20: Provision with respect to refund to general account from loan moneys by Auckland City Council
Whereas, prior to authority being obtained to the raising of a loan of the sum of 400,000 pounds, known as the Freemans Bay Redevelopment (Acquisition of Land) Loan 1951, £400,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan, and the Council is desirous of recouping its General Account out of the proceeds of the loan: And whereas it is desirable to authorise the Council to recoup its General Account in respect of the moneys advanced thereout prior to authority being obtained for the raising of the loan: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund to its General Account out of the proceeds of the loan the sum of 7,636 pounds 3 shillings and 1 penny, and any payment by way of refund of that amount made by the Council to its General Account out of the proceeds of the loan before the passing of this Act is hereby validated and declared to have been lawfully made.
21: Provision with respect to closing of street in the Borough of Whangarei
Whereas an unnamed and unformed street adjoining Cameron Street is vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Whangarei: And whereas the said street is along the bank of a tidal river known as the Waiarohia River: And whereas it is desirable that the said street, shown coloured green on a plan deposited in the office of the Minister of Works, at Wellington, as Number 132954, should be stopped: Be it therefore enacted as follows: Notwithstanding anything contained in paragraph (h) of subsection (4) of section 175 of the Municipal Corporations Act 1933 Schedule 5 of that Act
22: Provision with respect to construction of bridge by Lower Hutt City Council
Whereas the Lower Hutt City Council (in this section referred to as the Council And whereas the Council is of the opinion that it is reasonable that the Wellington City Council, the Petone Borough Council, the Eastbourne Borough Council, and the Hutt County Council (in this section referred to as the adjacent local authorities And whereas the Council and the adjacent local authorities have agreed that the construction of the said bridge should proceed, but are at present unable to agree upon the amount of their respective contributions to the cost thereof: And whereas the amounts of any such contributions may be determined in the manner set out in section 135 of the Public Works Act 1928 And whereas the Council and the adjacent local authorities consider it advisable that certain plans should be prepared and investigations made, and that materials, plant, and land required in connection with the approaches to the said bridge should be acquired in anticipation of the construction of the said bridge and the settlement of the respective contributions towards its cost: And whereas the adjacent local authorities have agreed with the Council that the Council should proceed to obtain the said plans and make investigations and to acquire materials, plant, and land in anticipation of the authorisation of a loan or loans to meet the cost or partial cost of the said bridge, but without prejudice to any liability of the adjacent local authorities to contribute towards the said cost: And whereas it is expedient to authorise the Council to reimburse its District Fund Account in respect of any moneys expended by the Council as aforesaid out of loan moneys subsequently authorised and raised: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to reimburse its District Fund Account out of the proceeds of any loan or loans raised by the Council, or from contributions by the adjacent local authorities, for the purpose of the construction of the said bridge and incidental thereto, in respect of all sums expended by the Council in the preparation of plans, or the making of investigations, or the acquisition of materials, plant, or land, or for any work done or professional services rendered in connection with the construction of the said bridge and necessary in the opinion of the Council and the adjacent local authorities.
2: Nothing in this section shall be deemed to impose upon the adjacent local authorities any liability to contribute any sum or any particular sum towards the cost of the construction of the said bridge.
3: The amount of the respective contributions to be made by the adjacent local authorities towards the cost of the construction of the said bridge may be fixed pursuant to the provisions of section 135 of the Public Works Act 1928
23: Validating borrowing of certain loan moneys by Gore Borough Council
Whereas, by Order in Council made on 30 July 1934, consent was given to the issue by the Gore Borough Council (in this section referred to as the Council And whereas, on 2 August 1948, the Council by special resolution resolved to apply for the consent of the Governor-General in Council to the borrowing of the sum of 14,500 pounds for the purpose of redeeming and converting securities issued under the said Order in Council, but, contrary to the provisions of the Local Government Loans Board Act 1926 And whereas the sum actually borrowed by the Council amounted to 13,500 pounds: And whereas it is desirable that the action of the Council in borrowing this sum should be validated: Be it therefore enacted as follows: The action of the Council in borrowing the sum of 13,500 pounds without first obtaining the sanction of the Local Government Loans Board and the consent of the Governor-General in Council is hereby validated, and the said moneys shall be deemed to have been lawfully borrowed. Harbour boards
24: Authorising Wellington Harbour Board to make
ex gratia Whereas by an agreement dated 11 February 1947 made between the Wellington Harbour Board (in this section referred to as the Board contractors And whereas the contractors have carried out the said work, but in so doing have incurred heavy additional and unanticipated expense during the progress of the work owing to lengthy delays caused through shortage of materials and increases in costs: And whereas the Board in the circumstances is desirous of making a payment of 3,739 pounds 11 shillings and 8 pence to the contractors as part compensation for the said additional and unanticipated expense incurred by the contractors: Be it therefore enacted as follows: The Board is hereby empowered to pay the sum of 3,739 pounds 11 shillings and 8 pence out of its Harbour Fund to the contractors.
25: Authorising raising of special loan by Lyttelton Harbour Board
Whereas the Lyttelton Harbour Board (in this section referred to as the Board Lyttelton Harbour Board Loan Act 1949 And whereas the Local Government Loans Board has no authority to sanction the raising of that part of the proposed loan which relates to the purposes for which the said sum has been expended: And whereas it is desirable to authorise the Board to raise a loan of 5,200 pounds for the purpose of recouping its Harbour Fund Account in respect of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act Town board
26: Validating incorrect application of loan moneys by Otorohanga Town Board
Whereas by Order in Council made on 11 June 1947 consent was given to the raising by the Otorohanga Town Board (in this section referred to as the Board And whereas one of the said terms and conditions was that the sum of 5,000 pounds should be allocated to the forming, metalling, and sealing of roads and the sum of 4,000 pounds should be allocated to the construction of concrete footpaths: And whereas the Board borrowed moneys amounting to the sum of 7,800 pounds, and of the said moneys applied the sum of 6,484 pounds 9 shillings and 9 pence to the forming, metalling, and sealing of roads, and the sum of 1,252 pounds 12 shillings and 3 pence to the construction of concrete footpaths: And whereas, by the expenditure of the said sum of 6,484 pounds 9 shillings and 9 pence, the Board exceeded the amount authorised to be expended for the forming, metalling, and sealing of roads by the sum of 1,484 pounds 9 shillings and 9 pence: And whereas it is expedient that the action of the Board should be validated: Be it therefore enacted as follows: The action of the Board in expending the sum of 1,484 pounds 9 shillings and 9 pence in the forming, metalling, and sealing of roads is hereby validated, the moneys borrowed by the Board in respect of the said works shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Board and shall have full force and effect according to their tenor. Road board
27: Authorising Orapiu Road Board to raise a special loan
Whereas the Orapiu Road Board (in this section referred to as the Board And whereas the Board desires to raise a loan for the purpose of carrying out the repairs, but has no power so to do: Be it therefore enacted as follows: The Board is hereby authorised to borrow by way of special loan under the Local Bodies' Loans Act 1926 River board
28: Authorising Hutt River Board to expend certain moneys in publication of booklet
Whereas the Hutt River Board (in this section referred to as the Board And whereas it is expedient to authorise the expenditure of certain moneys in the publication of the said booklet: Be it therefore enacted as follows: The Board is hereby authorised to expend a sum not exceeding 500 pounds in collecting information, preparing for publication, and publishing a booklet comprising a history of the Hutt Valley and of the activities of the Board in relation to its development. Catchment board
29: Authorising Nelson Catchment Board to make
ex gratia Whereas, by an agreement dated 4 December 1950, made between Lewis William Krammer, of Motueka, contractor (in this section referred to as the contractor Board And whereas, as a result of an increase of wages payable by the contractor, there has been an increase in costs and expenses generally payable by him, and there is no provision in either of the said agreements for a variation of contract price to cover any increase in wages, costs, or expenses: And whereas, in respect of payments by the Board for work done under the said agreements, the Board is in receipt of contributions by way of subsidy from the Soil Conservation and Rivers Control Council (in this section referred to as the Council And whereas the Board is desirous, with the approval of the Council, of compensating the contractor in respect of loss incurred through increases in costs and expenses: Be it therefore enacted as follows: The Board is hereby authorised and empowered, on the contractor producing proof to the satisfaction of the Board and the Council of additional costs and expenses incurred by him, to pay to the contractor an amount in addition to the said contract prices to compensate the contractor for any such increased costs and expenses in respect of work done by him pursuant to the said agreements subsequent to 15 February 1951: provided that any payment under this section shall not exceed a sum equivalent to 10% of the contract prices for the work pursuant to the terms of the said agreements. Affecting 2 or more classes of public bodies
30: Section 56 of Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919 further amended
Section 30 repealed 25 October 1960 section 28(2) Local Legislation Act 1960
31: Authorising St Kilda Borough Council to make certain payment to Dunedin Drainage and Sewerage Board
Whereas the Dunedin Drainage and Sewerage Board (in this section referred to as the Board sections 53 and 54 of the Dunedin District Drainage and Sewerage Act 1900 Council And whereas the Council, in purported performance of such a direction, made, levied, and collected rates on behalf of the Board for the rating year ended on 31 March 1951, amounting to the sum of 6,639 pounds 15 shillings: And whereas the Board has claimed that the Council should have collected the sum of 10,722 pounds 10 shillings instead of the aforementioned sum collected, and has claimed to recover a sum amounting to 4,082 pounds 15 shillings from the Council: And whereas the Council has agreed to pay to the Board, and the Board has agreed to accept, the sum of 2,857 pounds 18 shillings and 6 pence in settlement of the said claim: Be it therefore enacted as follows: The Council is hereby authorised and empowered to pay to the Board out of its General Account, and without levying any further rate, the sum of 2,857 pounds 18 shillings and 6 pence in settlement of the said claim by the Board.
32: Validating agreement between Rotorua County Council and Rotorua Borough Council
Whereas the Local Government Commission, on 11 May 1949, promulgated a final scheme providing for the exclusion of the land described in subsection (2) from the Borough of Rotorua and the inclusion thereof in the County of Rotorua: And whereas a condition of the said final scheme was that the Rotorua Borough Council (in this section referred to as the Borough Council County Council And whereas in pursuance of that condition, the County Council and the Borough Council entered into a written agreement dated 20 September 1949, containing the said indemnity, a copy of which is deposited in the Department of Internal Affairs at Wellington, under Number IA 105/564: And whereas it is desirable that the said agreement should be validated: Be it therefore enacted as follows:
1: The action of the County Council and of the Borough Council in entering into the said agreement is hereby validated, and the agreement is hereby declared to have been lawfully made and shall for all purposes have effect according to its tenor.
2: The land to which this section relates is more particularly described as follows: All that area in the Auckland Land District, situated in the Borough of Rotorua, containing 127 acres, more or less, bounded by a line commencing at a point being the northernmost corner of Tihi O Tonga C No 1 Block, and running northerly generally along the eastern boundary of Section 65, Suburbs of Rotorua, and along the eastern boundaries of Lots 2 and 1 as shown on the plan numbered 26991 deposited in the office of the District Land Registrar at Auckland, being parts of Section 64, Suburbs of Rotorua, to the easternmost corner of the last mentioned lot; thence south-easterly generally along the southern boundary of part Section 63, Suburbs of Rotorua, as shown on the plan numbered 24263, deposited as aforesaid, to and along the generally southern boundary of part Lot 2 as shown on the plan numbered 23567, deposited as aforesaid, being part of Section 32, Suburbs of Rotorua, and part Section 10, Block 1, Tarawera Survey District, and being that part of the Rotorua Domain as described in the Gazette Gazette
33: Provision with respect to stopping of street in Opunake Borough and vesting land in Opunake Electric Power Board
Whereas the Opunake Town Board (in this section referred to as the Town Board And whereas the Opunake Electric Power Board (in this section referred to as the Power Board And whereas, in the original hydroelectric scheme, provision was made for a site for the erection of a generating station, but the said site was not transferred by the Town Board to the Power Board at the time of the sale of the hydroelectric works: And whereas the Power Board has since built a generating station and other buildings on the said site which comprises portion of the street in the Borough of Opunake known as Bowen Crescent: And whereas the said site is not required for the formation of a street and the stopping of the said portion of the street will not deny access to the land of any person: And whereas it is desirable that the said site should be vested in the Power Board: Be it therefore enacted as follows:
1: That portion of the street in the Borough of Opunake known as Bowen Crescent, upon which are situated the Power Board's generating station and other buildings, together with the land surrounding the same, containing in all by admeasurement 1 rood 22 perches and nine-tenths of a perch, more or less, is hereby stopped.
2: The land comprising the said portion of the street is hereby vested in the Power Board.
3: The Power Board shall forthwith pay to the Opunake Borough Council, as successor to the Town Board, the sum of 50 pounds as consideration for the said land.
4: The District Land Registrar for the Land Registration District of Taranaki is hereby authorised and directed, at the request of the Power Board, to issue a certificate of title for the said land in the name of the Power Board upon completion by that Board of all surveys which may be required, and to make such entries in the register books and to do all such things as may be necessary to give effect to the provisions of this section.
34: Provision with respect to certain contract entered into by Southbridge Town Board as Southbridge Secondary Urban Fire Authority
Notwithstanding anything to the contrary in any Act or rule of law, nothing in the Local Authorities (Members' Contracts) Act 1934
35: Validating certain Deed made between Lower Clutha River Trust and Otago Catchment Board
Whereas by a deed of arrangement dated 25 June 1951 (in this section referred to as the deed Trust Board Soil Conservation and Rivers Control Act 1941 And whereas the Board duly prepared and submitted the said report and was required to present the said petition to the Governor-General and duly performed that requirement: And whereas the Trust has given notice of objection to its dissolution and to the transfer of its powers and functions to the Board unless full effect is given to the provisions of the deed: And whereas the Board is desirous of giving full effect to the provisions of the deed, but doubts have arisen as to the validity thereof and of the authority of the Board to give effect to its provisions: Be it therefore enacted as follows: Notwithstanding anything contained in the Soil Conservation and Rivers Control Act 1941 Miscellaneous
36: Section 3 of Petone and Lower Hutt Gas Amendment Act 1927 (as to contracting with Wellington Gas Company, Limited) amended
Whereas the Petone and Lower Hutt Gas Board (in this section referred to as the Board section 3 of the Petone and Lower Hutt Gas Amendment Act 1927 Companies Act 1933 Company And whereas it is expedient to authorise the Board to enter into such a contract with the Company without the necessity of taking such a poll: Be it therefore enacted as follows: The Petone and Lower Hutt Gas Amendment Act 1927
3: Board may contract with Wellington Gas Company, Limited
It shall be lawful for the Board to enter into a contract with the Company for the supply of gas in bulk by the Company to the Board upon such terms and subject to such conditions as the Board and the Company may determine, and at any time and from time to time to vary, alter, amend, or rescind any such contract and to enter into a new contract in respect thereof.
37: Authorising Wellington Acclimatisation Society to borrow moneys for certain purpose
Section 37 repealed 1 April 1954 section 73(1) Wildlife Act 1953
38: Authorising Dunedin Drainage and Sewerage Board to make
ex gratia Whereas by an agreement dated 29 June 1950 made between Julian Kenneth Wooldridge, of Dunedin, contractor (in this section referred to as the contractor Board And whereas, by reason of certain unexpected difficulties encountered by the contractor, including the nature of the ground to be worked, statutory increases in wages, and additional work required in consequence of the methods of operation necessitated for the said work, the contractor was unable to complete the contract: And whereas the Board, being satisfied that the difficulties encountered were not and could not reasonably have been contemplated by the contractor at the time the said contract was entered into, is desirous of making a payment of 1,282 pounds 8 shillings and 9 pence to the contractor, the said sum representing the difference between the contract price and the estimated reasonable cost of the work: Be it therefore enacted as follows: The Board is hereby authorised and empowered to pay the sum of 1,282 pounds 8 shillings and 9 pence to the contractor by way of compensation for the loss incurred by him in endeavouring to carry out the said contract.
39: Authorising Waimahaka Rabbit Board to raise a special loan for housing purposes
Whereas the Waimahaka Rabbit Board (in this section referred to as the Board said works And whereas, in order that the Board may reimburse its General Account in respect of the moneys expended thereout in carrying out the said works, it is expedient that the Board be empowered to raise by way of special loan a sum not exceeding 2,150 pounds: Be it therefore enacted as follows:
1: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 sections 9 to 13 of that Act
2: The Board is hereby authorised, out of the proceeds of the said loan when raised, to refund to its General Account such moneys as may have been advanced thereout for the purposes for which the said loan is to be raised.
40: Change of title of Christchurch Tramway Board
1: This section shall be read together with and deemed part of the Christchurch Tramway District Act 1920 principal Act
2: The name of the Board, constituted by section 6 of the principal Act
3: The change of name shall not affect any rights or obligations of the Board, or render defective any legal proceedings by or against the Board, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.
4: Notwithstanding its change of name the Board shall be and shall continue to be the same body corporate and the same local authority as was constituted by the principal Act.
5: All references to the Christchurch Tramway Board in any Act, regulation, rule, bylaw, or other enactment, or in any contract, agreement, deed, application, notice, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to the Christchurch Transport Board. |
DLM284366 | 1954 | Cook Islands Amendment Act 1954 | 1: Short Title and commencement
1: This Act may be cited as the Cook Islands Amendment Act 1954, and shall be read together with and deemed part of the Cook Islands Act 1915
2: This Act shall be deemed to have come into force on the 1st day of January 1954.
2: Vesting of Island of Palmerston in Native inhabitants
Whereas the several islets comprising the atoll known as the Island of Palmerston are Crown land within the meaning of the principal Act: And whereas the Native inhabitants of the island are descendants of William Marsters who had settled there in the year 1862 when the island was uninhabited: And whereas the last renewal of the licence of that island granted by the Crown to the said William Marsters expired on the 31st day of December 1953 and the licence was not renewed, and it is expedient that the island be vested in the descendants of the said William Marsters as customary land: Be it therefore enacted as follows: Notwithstanding anything in the principal Act, the land comprising the Island of Palmerston (excepting an area of 10 acres, including the site of the radio station and its ancillary buildings, the site of the water supply tanks and equipment, and the site of the schoolhouse, to be retained for administration purposes on the main islet and to be hereafter defined by the Land Court The words the Land Court substituted 4 August 1965 the Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 |
DLM286382 | 1954 | Local Legislation Act 1954 | 1: Short Title
This Act may be cited as the Local Legislation Act 1954. County Councils
2: Vesting certain land in Corporation of County of Rodney as recreation reserve
Whereas, by deed of trust dated 2 September 1912, James Dunning, of Cambridge, farmer, gave to John Morrison, orchardist, Henry Robert French, county clerk, and Benjamin Holmes McKinney, farmer, all of Warkworth (in this section referred to as the trustees And whereas, by memorandum of transfer registered in the Land Registry Office at Auckland as Number 70410, the said James Dunning transferred all his estate and interest in the aforesaid land to the trustees: And whereas, by a deed made on 20 March 1915, by the trustees of the first part, the said Henry Robert French, of the second part, and Thomas Henry Wilson, cement manufacturer, of Warkworth, of the third part, the said Henry Robert French was released and discharged from the trusts and powers reposed in and conferred on him by the said deed of trust and the trustees appointed the said Thomas Henry Wilson to be a trustee under the said deed of trust in place of the said Henry Robert French: And whereas, by memorandum of transfer registered as aforesaid under Number 85539, the trustees transferred all their estate and interest in the said land to the said John Morrison, Benjamin Holmes McKinney, and Thomas Henry Wilson: And whereas the said Benjamin Holmes McKinney has since died, and the said John Morrison and Thomas Henry Wilson (in this section referred to as the present trustees And whereas the sum of 98 pounds 3 shillings and 10 pence, together with interest thereon, being money collected by public subscription and interest, is vested in the present trustees as an endowment fund to develop the said Mahurangi Park: And whereas the present trustees desire to vest the said land and endowment fund in the Chairman, Councillors, and Inhabitants of the County of Rodney (in this section referred to as the Corporation And whereas the Corporation is prepared to accept the said land for the purposes of a recreation reserve pursuant to section 198 of the Counties Act 1920, as substituted by section 18 of the Counties Amendment Act 1949, and to administer the said endowment fund for the purpose of developing the said land as a recreation reserve pursuant to the said Act: Be it therefore enacted as follows:
1: The Corporation is hereby authorized and empowered to accept a transfer to it of the said land to be held by it as a recreation reserve pursuant to section 198 of the Counties Act 1920, and to administer the said endowment fund for the purposes of and incidental to the said recreation reserve, and the present trustees are hereby authorized and empowered to make such transfers of land and money to the Corporation as aforesaid.
2: The Corporation and the present trustees are hereby authorized and empowered to execute all such deeds and documents and do all such other things as may be necessary for the effectual vesting in the Corporation of the said land and money as aforesaid.
3: Upon the transfer of the said land and money to the Corporation, the present trustees shall be released and absolutely discharged from the trusts incidental to the said deeds of 2 September 1912 and 20 March 1915.
3: Authorizing raising of special loan by Franklin County Council
Whereas the Franklin County Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said moneys to its County Fund Account: And whereas it is desirable that authority should be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 10,000 pounds for the purpose of refunding to its County Fund Account all moneys applied by the Council as aforesaid in the erection of the said bridge.
4: Authorizing Patangata County Council to hold election for additional councillor
Whereas the Patangata County Council (in this section referred to as the Council County Be it therefore enacted as follows:
1: Any special order made by the Council prior to the next general election of councillors increasing the number of members of the Council from 10 to 11 and the number of councillors to be elected by the electors of the Pourerere Riding of the County from 1 to 2 shall, notwithstanding anything to the contrary in section 59 of the Counties Act 1920, come into force on a day to be named in the special order.
2: On the coming into force of any such special order, a vacancy shall be deemed to exist in the Council for the additional councillor to be elected by the electors of the Pourerere Riding of the County, and that vacancy shall be filled in the same manner as an extraordinary vacancy in the office of councillor.
5: Validating abolition of riding accounts by Piako County Council
Whereas the Piako County Council (in this section referred to as the Council And whereas the Council omitted to forward to the Minister of Internal Affairs, as provided by the said section 2, a copy of the said special order with the appropriate certificate in order to enable the said special order to be gazetted and to take effect: And whereas the Council has acted upon the said special order in all respects as if the same had taken effect from 31 March 1950: Be it therefore enacted as follows:
1: The said special order of the Council declaring that sections 121 and 131 of the Counties Act 1920 should not apply to the Council shall be deemed to have taken effect for all purposes, and the said sections 121 and 131 are hereby declared not to have applied to the Council as from 31 March 1950.
2: The actions of the Council in closing the separate riding accounts kept pursuant to subsection (3) of section 131 of the Counties Act 1920 by incorporating in the General Account of the County Fund the balances of the said separate accounts, and in disbursing moneys on a whole county basis instead of a riding basis as from 31 March 1950, are hereby validated and declared to have been lawful.
3: The actions of the Council in making and levying all general rates over the county as a whole instead of separately in each riding for each of the years ending on 31 March 1951, 31 March 1952, 31 March 1953, 31 March 1954, and 31 March 1955 and in doing all things necessary preliminary thereto are hereby validated, and all such rates are hereby declared to have been lawfully made and levied and to be legally recoverable.
6: Authorizing raising of special loan by Manukau County Council
Whereas the Manukau County Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its County Fund Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 7,500 pounds for the purpose of refunding to its County Fund Account all money applied by the Council as aforesaid in the purchase of the said waterworks.
7: Validating making and levying of certain rate by Kawhia County Council
Whereas, as on and from 1 April 1954, the Town District of Kawhia (in this section referred to as the former Town District And whereas, because of the high rateable values of property in portion of the former Town District, the Kawhia County Council (in this section referred to as the Council And whereas the Council acted without authority in making and levying the said rate, and it is desirable that the action of the Council be validated: Be it therefore enacted as follows: The action of the Council in making and levying, during the year ending on 31 March 1955, on property in portion of the former Town District, a reduced general rate of 7 pence in the pound on the unimproved value of the said property, is hereby validated, and the said rate is hereby declared to have been lawfully made and levied and to be legally recoverable. City and Borough Councils
8: Validating certain expenditure incurred by Ashburton Borough Council
The expenditure by the Ashburton Borough Council during the financial year ended on 31 March 1954 of the sum of 371 pounds 2 shillings in celebration of the 75th anniversary of the Borough of Ashburton is hereby validated and declared to have been lawfully incurred and made.
9: Provision with respect to certain expenditure by Marton Borough Council in connection with anniversary celebrations
The Marton Borough Council (in this section referred to as the Council
10: Authorizing Wellington City Council to transfer money from certain fund accounts to Tramway Account
The Wellington City Council is hereby authorized to transfer, as from 1 April 1954, to its Tramway Account from the fund accounts hereinafter named the sums following, that is to say:
a: from its Tramway and Power Supply Accident Fund Account, a sum not exceeding 15,000 pounds;
b: from its Electric Light and Power Supply Accident Fund Account, a sum not exceeding 75,000 pounds;
c: from its Electric Light and Power Supply Reserve Fund Account, a sum not exceeding 110,000 pounds; and
d: from its Electric Light and Power Supply Renewal Fund Account, a sum not exceeding 260,000 pounds.
11: Validating borrowing of certain loan money by Petone Borough Council
Whereas, on 25 March 1953, the Local Government Loans Board sanctioned the raising by the Petone Borough Council (in this section referred to as the Council loan And whereas, contrary to the provisions of the Local Government Loans Board Act 1926 And whereas it is desirable that the action of the Council in borrowing the said sum of 10,000 pounds should be validated: Be it therefore enacted as follows: The action of the Council in borrowing the said sum of 10,000 pounds without first obtaining the consent of the Governor-General in Council is hereby validated, and the said moneys shall be deemed to have been lawfully borrowed.
12: Vesting certain land in Napier City Corporation
Whereas the owner of the land described in subsection (3) is unknown and cannot be found and it is desirable that the said land should be vested in the Mayor, Councillors, and Citizens of the City of Napier (in this section referred to as the Corporation Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby declared to be vested in the Corporation for an estate in fee simple.
2: The District Land Registrar for the Land Registration District of Hawke's Bay is hereby authorized and directed to issue a certificate of title for the said land in the name of the Corporation for an estate in fee simple.
3: The land to which this section relates is more particularly described as follows: All that piece of land situated in the City of Napier, containing by admeasurement 33 perches and four-tenths of a perch, more or less, being part of Suburban Section 17, Town of Napier: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Napier, under Number 2749, and thereon bordered red.
13: Provision with respect to refund of certain rates by Lower Hutt City Council
Section 13 repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002
14: Validating certain borrowing by Lower Hutt City Council
Whereas the State Advances Corporation (in this section referred to as the Corporation Council And whereas this advance constitutes borrowing by the Council and was made without statutory authority: And whereas it is expedient to validate the action of the Council in receiving the advance and in paying interest thereon: Be it therefore enacted as follows:
1: The action of the Council in accepting from the Corporation an advance of 22,500 pounds on 31 March 1953 is hereby validated, and the Council is hereby authorized to repay that advance, together with interest thereon at the rate of 4% per annum from 1 April 1953, by equal annual payments of 7,500 pounds, with interest calculated as aforesaid, on 1 April in each year over a period of 3 years.
2: The owing by the Council of the sums of 15,000 pounds and 7,500 pounds to the Corporation in respect of the advance referred to in subsection (1), for the years ending respectively on 31 March 1954 and 31 March 1955, shall not in either case be taken into account in determining the compliance or otherwise by the Council with the provisions of paragraph (c) of subsection (2) of section 3, or of section 9 of the Local Bodies' Finance Act 1921–22.
15: Validating certain special orders made by Upper Hutt Borough Council
Whereas the Upper Hutt Borough Council (in this section referred to as the Council And whereas doubts have arisen as to whether the said special orders comply with the provisions of section 190 of the Municipal Corporations Act 1933, and it is desirable that the said special orders should be validated: Be it therefore enacted as follows: The said special orders made by the Council are hereby validated and deemed to have been lawfully made, and, notwithstanding the provisions of section 190 of the Municipal Corporations Act 1933, the District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed to deposit the said special orders in his office and to register against the title to all land affected thereby a memorandum under his hand accordingly.
16: Provision with respect to refund to Waterworks Account from loan moneys by Auckland City Council
Whereas, prior to authority being obtained to the raising of a loan of the sum of 333,000 pounds, known as the Waterworks Loan 1953, £333,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan, and the Council is desirous of recouping its Waterworks Account out of the proceeds of the loan and it is expedient to make provision accordingly: Be it therefore enacted as follows: The Council is hereby authorized and empowered to refund to its Waterworks Account out of the proceeds of the loan a sum not exceeding 26,856 pounds 11 shillings and 8 pence.
17: Authorizing Hastings Borough Council to acquire shares in Hastings Gas Company Limited
Whereas the Hastings Gas Company Limited (in this section referred to as the Company And whereas the Hastings Borough Council (in this section referred to as the Council And whereas the Council will be put to considerable expense if insufficient capital is subscribed and gas does not continue to be supplied in Hastings: And whereas the Council is desirous of subscribing for and acquiring 50 shares in the Company: Be it therefore enacted as follows: The Council is hereby authorized to subscribe for and acquire 50 shares of 5 pounds each in the Company and to pay the calls thereon in advance or as and when calls thereon are made by the Company: provided that the total expenditure by the Council in respect of the said shares shall not exceed the sum of 250 pounds.
18: Authorizing raising of special loan by Milton Borough Council
Whereas the Milton Borough Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its District Fund Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 600 pounds for the purpose of refunding to its District Fund Account all moneys applied by the Council as aforesaid in the purchase of the said dwellinghouse.
19: Authorizing Balclutha Borough Council to sell certain lands
Whereas the lands firstly and secondly described in subsection (4) are vested in the Mayor, Councillors, and Burgesses of the Borough of Balclutha (in this section referred to as the Corporation And whereas the Corporation is the registered proprietor of an estate in fee simple in the land thirdly described in subsection (4) to be held as the Harvey Memorial and Centennial Hall: And whereas it is expedient to empower the Balclutha Borough Council (in this section referred to as the Council Be it therefore enacted as follows:
1: The Council may, without further authority than this section, sell the lands described in subsection (4), or any part of those lands, by public auction, public tender, private treaty, or otherwise, on such terms and subject to such conditions as it thinks fit, and on the sale of any such land any trust or reservation theretofore affecting the same shall be deemed to be cancelled.
2: The proceeds from all sales of the said lands shall be applied by the Council in or towards the purchase of other lands to be held in the name of the Corporation for the general purposes of the Borough of Balclutha.
3: The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to accept such documents for registration and to do all such other things as may be necessary to give effect to this section.
4: The lands to which this section relates are more particularly described as follows: Firstly, all that parcel of land situate in the Town of Balclutha containing by admeasurement 1 rood, more or less, being Section 9, Block III, on the public map of the said Town deposited in the Office of the Chief Surveyor, at Dunedin, and being all the land comprised in certificate of title, Volume 79, folio 21, Otago Registry. Secondly, all that parcel of land situate in the Town of Balclutha containing by admeasurement 1 rood, more or less, being Section 18, Block V, of the said Town and being all the land comprised in certificate of title, Volume 79, folio 26, Otago Registry. Thirdly, all that parcel of land situate in the District of Clutha containing by admeasurement 20 perches, more or less, being all the land on Deposited Plan Number 5478, and being part of Section 5, Block XXXV, of the said District and being all the land comprised in certificate of title, Volume 302, folio 41, Otago Registry.
20: Provision with respect to expenditure of money by Waimate Borough Council in connection with 75th anniversary celebrations
The Waimate Borough Council (in this section referred to as the Council
21: Authorizing expenditure of certain money by Cromwell Borough Council for staff housing purposes
Whereas the Cromwell Borough Council (in this section referred to as the Council And whereas the Council is required to expend the said money in the purchase of other lands to be held for the same purposes as the lands sold: And whereas the Council holds adequate lands for the purposes of the Borough of Cromwell and it is desirable to authorize the Council to utilize certain of the money in the Land Sales Account in the erection of staff houses: Be it therefore enacted as follows: Notwithstanding anything to the contrary in section 156 of the Municipal Corporations Act 1933, the Council is hereby authorized and empowered to expend from the Land Sales Account, towards the erection of staff houses, an amount not exceeding the sum of 1,000 pounds.
22: Authorizing Dunedin City Corporation to make
ex gratia Whereas, by an agreement dated 7 March 1950, made between McJorrow Bros. of Ashburton, contractors (in this section referred to as the contractors Corporation And whereas no provision was made in the said agreement to meet possible increases in labour and other charges: And whereas between 15 February 1951 and 31 December 1953 the contractors incurred extraordinary increases in expenses over and above the schedule rates provided in the said agreement: And whereas the Corporation, being satisfied that the extraordinary increases were not and could not reasonably have been contemplated by the contractors at the time the said contract was entered into, is desirous of making a payment of 9,935 pounds 10 shillings and 4 pence to the contractors by way of an ex gratia Be it therefore enacted as follows: The Corporation is hereby authorized and empowered to pay the sum of 9,935 pounds 10 shillings and 4 pence to the contractors by way of compensation in respect of the extraordinary expenses incurred by them as aforesaid.
23: Authorizing Dunedin City Corporation to make
ex gratia Whereas, by an agreement dated 15 October 1953, made between M.B.M. Builders, of Fairfield, building contractors (in this section referred to as the contractors Corporation And whereas as a result of a general increase in wages there has been an increase in the wages, costs, and expenses payable by the contractors and there is no provision in the said agreement for variation of the contract price to cover the said increase: And whereas the Council is desirous of compensating the contractors in respect of the loss incurred by reason of the said increase: Be it therefore enacted as follows: The Council is hereby authorized and empowered to pay the sum of 131 pounds 9 shillings and 2 pence to the contractors by way of compensation in respect of the loss incurred by the contractors.
24: Making provision with respect to excess overdraft of Dunedin City Council
Whereas the Dunedin City Council (in this section referred to as the Council And whereas on 31 March 1954 the Council owed to its bankers by way of overdraft the sum of 328,225 pounds and 5 pence, which amount is in excess of the limit prescribed by paragraph (c) of subsection (2) of section 3 of the Local Bodies' Finance Act 1921–22: And whereas it is expedient that the action of the Council in owing the moneys as aforesaid should be validated: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Local Bodies' Finance Act 1921–22, or in any other Act, the amount by which the moneys owing by the Council to its bankers as at 31 March 1954 in respect of its Transport Department Account exceeds the limit prescribed by the said Act shall for all purposes be deemed to be lawfully owed by the Council as at that date. Road Board
25: Provision with respect to purchase of wharf by Western Waiheke Road Board
Whereas the Western Waiheke Road Board (in this section referred to as the Board Be it therefore enacted as follows:
1: The Board is hereby authorized and empowered to purchase the said Matiatia Wharf from the said company at such price and upon such terms as may be agreed upon between the Board and the company and any agreements heretofore entered into by the parties in respect of the said purchase are hereby declared to be valid and binding on the parties and shall for all purposes be effective according to their tenor.
2: The Board may borrow by way of special loan under the Local Bodies’ Loans Act 1926, and, notwithstanding the provisions of section 9 of that Act, without the prior consent of the ratepayers, an amount not exceeding the sum of 2,000 pounds for the purpose of purchasing the said wharf and effecting improvements thereto.
3: The Board is hereby authorized, out of the proceeds of the said loan, when raised, to refund to its General Account all money advanced thereout, whether before or after the passing of this Act, for the purposes for which the said loan is to be raised. Harbour Boards
26: Validating certain contract entered into by New Plymouth Harbour Board
Whereas the New Plymouth Harbour Board, now the Taranaki Harbour Board (in this section referred to as the Board contract contractor And whereas, contrary to the provisions of section 131 of the Harbours Act 1950 (in this section referred to as the said Act And whereas, in making the contract, the provisions of sections 129 and 130 of the said Act were not complied with: And whereas the contractor has supplied the materials and executed the work required to be supplied and executed under the contract and the total amount paid by the Board to the contractor in respect thereof is 5,797 pounds 7 shillings and 9 pence: And whereas doubts have arisen with regard to the validity of the contract and the payment of 5,797 pounds 7 shillings and 9 pence thereunder: And whereas it is desirable that the contract and the payment thereunder should be validated: Be it therefore enacted as follows: Notwithstanding anything contained in the said Act, or in any other Act, the action of the Board in entering into the contract and in paying the sum of 5,797 pounds 7 shillings and 9 pence thereunder is hereby validated and the contract shall be deemed to have been lawfully made and the sum of 5,797 pounds 7 shillings and 9 pence lawfully paid.
27: Authorizing Auckland Harbour Board to make certain donation
The Auckland Harbour Board is hereby authorized to expend from its Harbour Fund the sum of 500 pounds as a donation to the funds of the Friends of the Deaf, Incorporated, to be used in the establishment of an institute to help the adult deaf-born people of Auckland to further their cultural, spiritual, and recreational needs. Drainage Boards
28: Provision with respect to levying of excess general rates by Mangapu Drainage Board
Whereas, by section 50 section 42 section 41 section 28 section 29 section 38 Board Land Drainage Act 1908 And whereas the Board desires to make and levy for the years ending on 31 March 1955, 31 March 1956, and 31 March 1957 a general rate, not exceeding 4 pence in the pound, on lands classified in accordance with section 33 A B C And whereas it is expedient that the Board should be empowered to levy general rates on the aforesaid basis: Be it therefore enacted as follows: The Board is hereby authorized and deemed to have been authorized to make and levy for the years ending on 31 March 1955, 31 March 1956, and 31 March 1957 a general rate, not exceeding 4 pence in the pound, on lands classified in accordance with section 33 A B C
29: Authorizing levying of certain separate rates by Thames Valley Drainage Board
Section 29 repealed 10 May 1956 Land Drainage Amendment Act 1956 Electric Power Board
30: Authorizing Taranaki Electric Power Board to raise a special loan for housing purposes
Whereas the Taranaki Electric Power Board (in this section referred to as the Board proposed loan And whereas, prior to sanction being given to the raising of the proposed loan, the Board has expended out of its Power Fund Account moneys amounting in the aggregate to the sum of 6,500 pounds for the purposes of the proposed loan: And whereas the Local Government Loans Board has no authority to sanction the raising of that part of the proposed loan which relates to the purposes for which the said moneys have been expended: And whereas it is desirable to authorize the Council to raise a special loan not exceeding the sum of 6,500 pounds for the purpose of recouping its Power Fund Account in respect of the moneys expended therefrom as aforesaid: Be it therefore enacted as follows: The Board is hereby authorized and empowered to borrow by way of special loan pursuant to the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 6,500 pounds for the purpose of refunding to its Power Fund Account all moneys expended therefrom for the purposes of the proposed loan. Hospital Boards
31: Varying terms of trust in respect of which T. G. Macarthy Home for Children is held by Wellington Hospital Board
Whereas the Wellington Hospital Board (in this section referred to as the Board And whereas the said land was acquired by the Board and the buildings thereon were equipped out of moneys given to the Board by the Board of Governors of the Thomas George Macarthy Trust for the purpose of establishing an institution for convalescent children (in this section referred to as the institution And whereas, by an order of the Supreme Court made on 25 September 1936, the terms of the trust upon which the said land was held were varied whereby the Board was authorized to admit adult female convalescent patients to the institution as well as convalescent children, but in admitting patients to the institution children were to be given preference over adults: And whereas it was also a term of the said order that the variation should not be held to limit or abrogate the powers given to the Board by section 34 And whereas it is desirable that adult male convalescent patients should be admitted to the institution in addition to convalescent children and adult female convalescent patients: Be it therefore enacted as follows:
1: The Board is hereby authorized to admit adult male convalescent patients to the institution as well as adult female convalescent patients and convalescent children: provided that in admitting patients to the institution, children shall be given preference over adults.
2: Nothing in this section shall abrogate or limit the powers given to the Board by section 34
32: Authorizing Wellington Hospital Board to supply steam to Wellington Society for the Relief of the Aged Needy
Whereas the Wellington Hospital Board (in this section referred to as the Board Society And whereas doubts have arisen as to the authority of the Board to provide that supply or to incur the expenditure thereby occasioned and it is desirable that the expenditure be validated and that the Board be empowered to continue that supply to the Society: Be it therefore enacted as follows:
1: The supply by the Board, free of charge, of steam for heating purposes to the home of the Society, and the expenditure thereby incurred by the Board, are hereby validated and deemed to have been lawfully supplied and incurred.
2: The Board is hereby authorized and empowered to continue the aforesaid supply to the Society upon such terms and conditions as may be mutually agreed upon between the Board and the Society. Catchment Board Heading repealed 25 October 1956 section 38(2) Local Legislation Act 1956
33: Further extending period during which classifications for rating purposes of certain lands in North Canterbury Catchment District shall continue in force
Section 33 repealed 25 October 1956 section 38(2) Local Legislation Act 1956 Affecting 2 or more classes of public bodies
34: Validating agreement made by Whangarei Borough Council and Onerahi Town Board with respect to water supply
Whereas the Whangarei Borough Council (in this section referred to as the Council Board And whereas it is desirable to validate the said agreement: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Municipal Corporations Act 1933, or in any other Act, the Council and the Board are hereby and shall be deemed to have been at all times authorized and empowered to enter into the said agreement, which shall be binding on the parties thereto and shall for all purposes have effect according to its tenor.
35: Provision with respect to certain property vested in Opunake Borough Council
Whereas all property belonging to the Opunake Harbour Board which by section 6 Borough Council And whereas the Taranaki Harbour Board has now assumed responsibility for the liabilities of the Opunake Harbour Board: And whereas the Borough Council will accordingly hold all such property freed and discharged from the aforesaid trusts: And whereas the Borough Council has agreed to pay a proportion of the future revenue from the said property to the Egmont County Council (in this section referred to as the County Council And whereas it is expedient that the capacity in which the Borough Council holds the said property should be clarified and that the Borough Council should be authorized to pay a proportion of future revenue to the County Council: Be it therefore enacted as follows:
1: All property, whether real or personal, formerly belonging to the Opunake Harbour Board, and which, by section 6
2: Upon application by the Borough Council it shall be the duty of the District Land Registrar or the Registrar of Deeds, as the case may be, and without payment of any fee, to make such entries in the appropriate registers recording the capacity in which the Borough Council holds the real property so vested.
3: The Borough Council shall be entitled and is hereby authorized to pay to the County Council such proportion of the revenue from the property so vested, or any other property purchased in substitution therefor, as may be agreed between those parties.
36: Authorizing Auckland Metropolitan Drainage Board to transfer Motukorea Island to Auckland City Corporation
Whereas the Auckland Metropolitan Drainage Board (in this section referred to as the Board And whereas the Board has decided that the island is no longer required for the purposes for which it was purchased: And whereas Sir Ernest Davis, a former Mayor of the City of Auckland, has indicated to the Board that, to enable the island to be set aside as a public reserve for the use and enjoyment of the public, he is prepared to pay to the Board the price at which it acquired the island, namely, 6,500 pounds, upon condition that the Board takes the necessary steps to effect the aforesaid result: Be it therefore enacted as follows:
1: The Board is hereby empowered, upon payment to it of the sum of 6,500 pounds by Sir Ernest Davis, to transfer the land described in subsection (2) to the corporation of the Mayor, Councillors, and Citizens of the City of Auckland to be vested in that corporation as a public reserve under the Reserves and Domains Act 1953 for the use and enjoyment of the public.
2: The land to which this section relates is more particularly described as follows: All that parcel of land situated in Blocks X and XI, Rangitoto Survey District, containing 148 acres, more or less, being the island of Motukorea, commonly known as Brown's Island: as the same is more particularly delineated on a plan deposited in the Land Registry Office at Auckland as Number 16315, and being all the land described in certificate of title, Volume 364, folio 284, Auckland Registry.
37: Provision with respect to expenditure of money by Waimate County Council and Waimate Borough Council in connection with centennial celebrations
The Waimate County Council and the Waimate Borough Council are hereby authorized and empowered to expend out of their General Accounts sums not exceeding 500 pounds in the case of each of the said Councils for the purpose of celebrating and commemorating the 100th anniversary of the arrival of the first white settler in the Waimate district, and any expenditure heretofore incurred or made by either of the said Councils for that purpose is hereby validated and declared to have been lawfully incurred and made.
38: Fixing date of next general elections of members of Auckland Electric Power Board, Auckland Transport Board, Christchurch Transport Board, and Christchurch Drainage Board
1: Notwithstanding anything contained in subsections (2) to (5) of section 4 of the Local Elections and Polls Act 1953, the next general elections of members of the Auckland Electric Power Board, the Auckland Transport Board, and the Christchurch Transport Board, and the next general elections of members for the several subdistricts of the Christchurch Drainage District, shall be held on the third Saturday in May, in the year 1955.
2: Notwithstanding anything contained in any Act, the Governor-General may, by Order in Council, alter any times or dates prescribed by law for the preparation of rolls for the said general elections, and for the election of the Chairman of any of the said Boards or of the Christchurch Drainage Board, and may make such other provisions as may be necessary to give full effect to this section. Miscellaneous
39: Validating certain expenditure incurred by Auckland Milk Treatment Corporation
The expenditure by the Auckland Milk Treatment Corporation of the sum of 155 pounds in connection with a function on the occasion of the opening of a new building in October 1952 is hereby validated and declared to have been lawfully incurred.
40: Validating agreement made between Taranaki Rugby Football Union, Star Rugby Football Club, and New Plymouth City Council
Whereas by a memorandum of agreement dated 9 September 1954, a copy of which is deposited in the Department of Internal Affairs, at Wellington, under Number IA 174/354, made between the Taranaki Rugby Football Union Incorporated (in this section referred to as the Union Club Corporation And whereas doubts have arisen as to the validity of the said agreement and it is desirable that it should be validated: Be it therefore enacted as follows: Notwithstanding anything contained in the Municipal Corporations Act 1933, or in any other Act, or in the rules of the Union or the Club respectively, or in any rule of law, the parties to the said agreement shall be deemed to have been at all times authorized and empowered to enter into and execute the said agreement which shall be binding on the parties thereto and shall for all purposes, without further authority than this section, be effective according to its tenor.
41: Authorizing Westshore Public Hall to borrow moneys
Whereas the Westshore Public Hall, a body duly incorporated under the Libraries and Mechanics Institute Act 1908 Corporation And whereas the Corporation has incurred expenses amounting to approximately 500 pounds in connection with certain repairs, renovations, and improvements to the said building: And whereas, in order to meet the said expenses, the Corporation desires to borrow an amount not exceeding the sum of 500 pounds on the security of the said land but doubts have arisen as to the powers of the Corporation to borrow moneys: Be it therefore enacted as follows:
1: It shall be lawful for the Corporation to borrow, subject to the provisions of the Local Government Loans Board Act 1926, an amount not exceeding the sum of 500 pounds and to execute a memorandum of mortgage of the land described in subsection (2) as security for the moneys so borrowed, and the District Land Registrar of the Land Registration District of Hawke's Bay is hereby authorized and directed to register the said mortgage against the title to the said land.
2: The land to which this section relates is more particularly described as follows: All that parcel of land containing 20 perches and thirty-five hundredths of a perch, more or less, being Lots 2, 4, and 5, on Deposited Plan Number 6705, and being part of Town Sections 53 and 54 of the Town of Westshore (Westshore Extension Number 20), and being also the whole of the land comprised and described in certificate of title, Volume 103, folio 21, Hawke's Bay Registry, together with the sewage rights and incidental rights relative to a septic tank on Lot 1 of the said Deposited Plan Number 6705 (part certificate of title, Volume 103, folio 22, Hawke's Bay Registry, appurtenant to the said Lot 5, created and reserved by Transfer 68641). |
DLM287718 | 1954 | Maori Purposes Act 1954 | 1: Short Title
This Act may be cited as the Maori Purposes Act 1954.
2: Provisions of Maori Affairs Act 1953 to apply to this Act
Words and expressions used in this Act shall, unless the contrary intention appears, have the same meaning as in the Maori Affairs Act 1953 (hereinafter referred to as the principal Act
1: Amendment of laws
3: Amending provisions as to Maori housing accounts
1:
2:
3: Amendment(s) incorporated in the Act(s) Section 3(1) repealed 28 October 1965 section 10(2) Maori Purposes Act 1965 Section 3(2) repealed 1 December 1961 section 15(2) Maori Purposes Act 1961
2: Miscellaneous powers
Waiariki District Heading repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
4: Settlement of Pukeroa Oruawhata (Rotorua Township) Claim
Section 4 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 Aotea District
5: Ratana Settlement administration
1: Upon application made to it by or on behalf of the Ratana Trust Board constituted under section 14
a: vesting in a trustee or trustees, upon such trusts as may be declared by the court, those portions of the said land which, at the commencement of this Act, are used for communal purposes, whether or not church or other buildings are situated thereon:
b: vesting in trustees, not exceeding 5 in number, such portions of the said land as are suitable for residential purposes upon trust to subdivide and otherwise prepare the land for those purposes, and to dispose of the land in suitable lots or areas for house and business sites:
c: vesting any residue of the said land in such persons as the court finds to be beneficially entitled thereto.
2: The court may appoint the Māori Trustee
3: Subject to the provisions of this section, every order made under paragraph (a) or paragraph (b) of subsection (1) shall take effect as if it had been made under section 438 of the principal Act, and the provisions of that section shall, as far as they are applicable, and with the necessary modifications, extend and apply to any such order accordingly. Nothing in subsection (1) shall be so construed as to limit the authority of the court, in making any order under this section, to declare any additional and incidental trusts upon which any trustee or trustees appointed under this section shall hold the trust property or to confer on any such trustee or trustees such powers as the court deems necessary for the proper administration of that property.
4: The trustees appointed under any order made under paragraph (b) of subsection (1) shall, in addition to any powers conferred on them by the court, or by section 438 of the principal Act, have power—
a: to sell the land by private contract on such terms and conditions as the trustees may think fit; or
b: to grant, in respect of the land, leases renewable in perpetuity on such terms and conditions as the trustees may think fit.
5: For the purposes of exercising any powers under paragraph (b) of subsection (4), the trustees may exercise all the powers conferred on leasing authorities by the Public Bodies’ Leases Act 1908.
6: No alienation of any land for the time being vested in the trustees appointed under paragraph (b) of subsection (1) shall require to be confirmed by the court.
7: In any case where the Māori Trustee section 38 Māori Trustee section 49
8: Amendment(s) incorporated in the Act(s)
9: The land described in subsection (29) of section 14
10: Notwithstanding the repeal by this section of section 14
11: When, by reason of orders made by the court under subsection (1), no land remains vested in the said Board, the court shall make an order dissolving the Board and shall also make such other orders as it thinks necessary for the disposition of any other property remaining vested in the Board immediately before its dissolution.
12: Notwithstanding the repeal by this Act of section 14 Section 5(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(7) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
6: Further provisions in respect of proceedings relating to ownership of bed of Wanganui River
Amendment(s) incorporated in the Act(s) South Island District Heading repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
7: Stewart Island purchase money settlement
Section 7 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 |
DLM284374 | 1954 | War Pensions Act 1954 | 1: Short Title
This Act may be cited as the War Pensions Act 1954. 1943 No 22 s 1
1A: Application of Act
Except as provided in subsection (5) of section 19 or Part 6 Section 1A inserted 1 April 1974 War Pensions Amendment Act 1973 Section 1A amended 15 April 2003 section 3 War Pensions Amendment Act 2003 Section 1A amended 1 April 1990 section 15(1) Social Welfare (Transitional Provisions) Act 1990
2: Interpretation
1: In this Act, unless the context otherwise requires,— Advisory Board section 5A Appeal Board child claims panel section 15(1) Department section 2(1) dependant
a: any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
i: is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and
ii: is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:
b: any person who is under the care of that member as a consequence of that person’s inability to live independently of the member for reasons of—
i: disability; or
ii: illness; or
iii: advanced age dependent child financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 medical practitioner section 114(1)(a) member of the Emergency Reserve Corps member of the family
a: any person who is related to the member:
b: any person who belongs to the same whanau or other culturally recognised family group:
c: any person within a class of persons specified as members of a family in guidelines issued by the Secretary member of the forces member of the forces member of the mercantile marine
a: any ship that is for the time being on New Zealand articles; or
b: any ship that is engaged in trading exclusively in New Zealand waters but is not on articles; or
c: any ship that is for the time being owned and operated by the New Zealand Government or by any Harbour Board Minister official or employee of the Department partner pay period Secretary spouse
2: Terms defined in this section in relation to a member of the forces have corresponding meanings, with any necessary modifications, when used in this Act in relation to persons other than members of the forces. 1940 No 24 s 2; 1943 No 22 ss 2, 19(3), 35(1), (2), 54; 1949 No 26 s 3 Section 2(1) Advisory Board inserted 1 April 1989 War Pensions Amendment Act 1988 Section 2(1) Board repealed 1 April 1989 War Pensions Amendment Act 1988 Section 2(1) child amended 1 January 1970 section 12(2) Status of Children Act 1969 Section 2(1) claims panel substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) Department substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) dependant substituted 15 December 2001 section 3(1) War Pensions Amendment Act 2001 Section 2(1) dependent child substituted 1 April 1991 War Pensions Amendment Act 1991 Section 2(1) financial statements inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) generally accepted accounting practice inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member of the family substituted 15 December 2001 section 3(1) War Pensions Amendment Act 2001 Section 2(1) member of the forces inserted 15 December 2001 section 3(2) War Pensions Amendment Act 2001 Section 2(1) Minister substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) official or employee of the Department inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 2(1) partner substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 2(1) pay period inserted 1 February 1961 War Pensions Amendment Act 1960 Section 2(1) relationship repealed 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 2(1) spouse added 15 December 2001 section 3(2) War Pensions Amendment Act 2001 Section 2(1) war service pension repealed 1 April 1990 section 15(2) Social Welfare (Transitional Provisions) Act 1990
3: Act divided into Parts
The following provisions of this Act are divided into Parts as follows: Part 1 Part 1A Part 2 56A Part 4 Part 5 Part 6 Part 7 Sections 75A to 97 Section 3 inserted 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 3 amended 13 January 1966 section 3(1) War Pensions Amendment Act 1966 Section 3 repealed 1 April 1990 section 15(3) Social Welfare (Transitional Provisions) Act 1990 Section 3 repealed 1 April 1990 section 15(3) Social Welfare (Transitional Provisions) Act 1990 Section 3 substituted 15 April 2003 section 4 War Pensions Amendment Act 2003 Section 3 amended 17 July 1963 War Pensions Amendment Act 1963
1: Administration
Appointments
4: Secretary for War Pensions
1: For the purposes of this Act, a person must be appointed under section 61A
2: The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act. 1943 No 22 s 4 Section 4(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999
4A: Delegation of Secretary’s powers
1: The Secretary may from time to time, either generally or particularly, delegate in writing to any official or employee of the Department such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, other than—
a: the powers, functions, and discretions conferred on the Secretary by sections 14(2) to (5) 16(4) 19 21 to 27 34 35 35A 48 85
b: the power of delegation conferred by this subsection.
1A: The Secretary may from time to time, either generally or particularly, delegate in writing to the chief executive of any department of the Public Service listed in Schedule 1
2: Any delegation under this section may be made to—
a: a specified person; or
b: a person of a specified class; or
c: the holder for the time being of a specified office or appointment; or
d: the holders for the time being of offices or appointments of a specified class.
3: Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the person to whom any powers, functions, and discretions are delegated may 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: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
5: A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.
6: If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.
7: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
8: Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 Section 4A inserted 1 April 1989 War Pensions Amendment Act 1988 Section 4A(1)(a) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 4A(1A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999
5: Deputy Secretary for War Pensions
1: A Deputy Secretary for War Pensions may from time to time be appointed under section 61A
2: On the occurrence from any cause of a vacancy in the office of Secretary (whether by reason of death, resignation, or otherwise), and in case of the absence from duty of the Secretary (from whatsoever cause arising), and so long as any such vacancy or absence continues, the Deputy Secretary shall have and may exercise all the powers, duties, and functions of the Secretary.
3: The fact that the Deputy Secretary exercises any power, duty, or function of the Secretary shall be conclusive evidence of his authority to do so. Section 5(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999
5A: War Pensions Advisory Board
1: There is hereby established a board to be called the War Pensions Advisory Board.
2: The Advisory Board shall be a body corporate with perpetual succession and a common seal, and may hold real and personal property, and sue and be sued, and do and suffer all such acts and things as bodies corporate may lawfully do and suffer.
3: The Advisory Board shall consist of—
a: the Secretary for War Pensions:
b: the National
c: a medical member (who shall be a Section 5A inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5A(3)(b) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 5A(3)(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
5B: Term of office of appointed member
The appointed member of the Advisory Board shall hold office during the Minister’s pleasure, but shall not hold office for a continuous period of more than 3 years without reappointment. Section 5B inserted 1 April 1989 War Pensions Amendment Act 1988
5C: Extraordinary vacancies
1: The appointed member of the Advisory Board may at any time resign by written notice to the Minister.
2: The powers of the Advisory Board shall not be affected by any vacancy in its membership. Section 5C inserted 1 April 1989 War Pensions Amendment Act 1988
5D: Presiding member
1: The presiding member of the Advisory Board shall be the Secretary for War Pensions who shall preside at all meetings of the Advisory Board at which he or she is present.
2: In the absence of the presiding member from any meeting of the Advisory Board, the person appointed to attend the meeting in the presiding member’s place pursuant to section 5E(1)
3: In the absence from any meeting of both the presiding member and any person appointed to attend the meeting in the presiding member’s place, the members present shall appoint one of their number to be the presiding member for that meeting. Section 5D inserted 1 April 1989 War Pensions Amendment Act 1988
5E: Deputies of members
1: The Secretary for War Pensions may appoint any official or employee of the Department to attend any meeting of the Advisory Board in the Secretary’s place.
2: The National National
3: The Minister may from time to time appoint a deputy for the medial member, who shall be a
4: Every person appointed under this section to deputise for a member of the Advisory Board, while so acting, shall be deemed to be a member of the Advisory Board; and the fact that any deputy attends a meeting shall be conclusive proof of the deputy’s authority to do so. Section 5E inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5E(2) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 5E(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
5F: Meetings of Advisory Board
1: Meetings of the Advisory Board shall be held at such times and places as the Advisory Board or the presiding member may from time to time appoint.
2: At any meeting of the Advisory Board the quorum shall be 2 members.
3: Every matter to be decided at a meeting of the Advisory Board shall be determined by a majority of the votes of the members present and voting on it.
4: At any meeting of the Advisory Board the person for the time being acting as the presiding member shall have a deliberative vote and, if the voting is equal, shall also have a casting vote.
5: Subject to this Act and to the rules of the Advisory Board, the Advisory Board may regulate its own procedure. Section 5F inserted 1 April 1989 War Pensions Amendment Act 1988
5G: Administrative services
All secretarial and administrative services required for the purposes of the Advisory Board shall be supplied by the Department. Section 5G inserted 1 April 1989 War Pensions Amendment Act 1988
5H: Fees and travelling allowances
1: The Advisory Board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There may be paid to the members of the Advisory Board (other than officials and employees of the Department), out of a Crown Bank Account Fees and Travelling Allowances Act 1951 Section 5H inserted 1 April 1989 War Pensions Amendment Act 1988 Section 5H(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
5I: Functions of Advisory Board
The Advisory Board shall have the following powers and functions:
a: on its own initiative or at the request of the Minister to advise the Minister on policies to be applied in respect of war pensions and allowances:
b: to approve guidelines for the determination and assessment of war pensions to be used by medical examiners and claims panels:
c: generally to consider and advise on any other matter which assists the administration of war pensions or that the Minister refers to it:
d: to administer the War Pensions Medical Research Trust Fund established under section 18I
e: to consider applications for payments from the War Pensions Medical Research Trust Fund, and to determine the persons to whom grants, awards, or fellowships are to be made under section 18L
f: such other powers and functions as may be conferred or imposed on it by this Act or any other enactment:
g: to make rules for the conduct of its own business. Section 5I inserted 1 April 1989 War Pensions Amendment Act 1988
6: War Pensions Boards
Section 6 repealed 1 April 1989 War Pensions Amendment Act 1988
7: Chairman of War Pensions Board
Section 7 repealed 1 April 1989 War Pensions Amendment Act 1988
8: War Pensions Appeal Boards
1: For the purposes of this Act there shall be such number of War Pensions Appeal Boards as the Minister thinks fit.
2: A War Pensions Appeal Board shall consist of not more than 4 provided that no member of an Appeal Board shall hold office for a continuous period of more than 3 years without reappointment.
3: Two members of each Appeal Board shall be
4: Each Appeal Board shall be distinguished by such distinctive name as the Minister thinks fit.
5: Except as provided in subsections (6) and (7), all the Secretary
6: At the hearing of an appeal lodged under section 16(1)(c) member appointed as a representative of the members of the forces
7:
8: The decision of a majority of the members present at a sitting of the Appeal Board shall be the decision of the Board. If the said members are equally divided in opinion, the decision of the Chairman shall be the decision of the Appeal Board. 1943 No 22 s 8; 1947 No 60 s 72 Section 8(2) amended 14 November 1973 War Pensions Amendment Act 1973 Section 8(3) substituted 1 April 1989 War Pensions Amendment Act 1988 Section 8(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 8(5) amended 1 April 1989 War Pensions Amendment Act 1988 Section 8(5) amended 14 November 1973 War Pensions Amendment Act 1973 Section 8(6) added 14 November 1973 War Pensions Amendment Act 1973 Section 8(6) amended 1 April 1989 War Pensions Amendment Act 1988 Section 8(7) repealed 15 April 2003 section 5 War Pensions Amendment Act 2003 Section 8(8) added 14 November 1973 War Pensions Amendment Act 1973
9: Chairman of Appeal Board
One of the members of each Appeal Board shall be appointed by the Minister to be the Chairman thereof and shall hold office as Chairman during the pleasure of the Minister. 1943 No 22 s 9
10: Deputy members
1: The Minister may from time to time appoint a person to be the deputy of any member of any
2: Any person appointed as deputy of a member appointed as the representative of the members of the forces shall be nominated in the same manner as that member, and the deputy of a member being a
3: The deputy of any member shall have authority to act as a member of the Board in the event of the absence from any meeting of the Board of the member whose deputy he is, and 1943 No 22 s 6 Section 10(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 10(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 10(3) amended 1 April 1989 War Pensions Amendment Act 1988
11: Appointments on nomination of NZRSA (Inc)
1: For the purpose of appointing any member of any
2: In the event of the Association failing for more than 2 months to submit to the Minister the names of the required number of nominees, the Minister may temporarily appoint such person as he thinks fit (whether nominated by the Association or not) to act as a member of the Board until the vacancy is filled in accordance with subsection (1). SR 1945/159 r 4 Section 11(1) amended 1 April 1989 War Pensions Amendment Act 1988
12: Remuneration and travelling expenses
There shall be paid to the members Fees and Travelling Allowances Act 1951 Section 12 amended 1 April 1989 War Pensions Amendment Act 1988
13: Application of Commissions of Inquiry Act 1908
For the purpose of carrying out their several functions under this Act, the Secretary Commissions of Inquiry Act 1908 Section 13 amended 1 April 1989 War Pensions Amendment Act 1988 Procedure in respect of claims for pensions
14: Claims for war pensions or allowances
1: All claims for or in respect of pensions or allowances under this Act shall be made in writing.
2: A claimant for a pension for death or disablement of a member of the forces allegedly caused by or attributable to or aggravated by service may be required by the Secretary, if it is appropriate to the circumstances of the case, to produce a medical report from the claimant’s or, as the case may be, the deceased member of the force’s own medical practitioner which sets out with particularity the nature of the condition from which the deceased member of the forces died, or which occasions the claimant’s disability.
3: As soon as practicable after receiving a claim under this section, the Secretary shall consider it and may either—
a: grant a pension or allowance in accordance with the provisions of this Act; or
b: decline the claim on the grounds that the claimant is not entitled to a pension or allowance under this Act.
4: The claimant shall be forthwith advised of the decision to grant or decline the claim, and shall at the same time be supplied with a written explanation of the reason or reasons for the decision.
5: If a claimant, whose right of appeal under section 16 section 15E Section 14 substituted 1 April 1989 War Pensions Amendment Act 1988 Delegation of powers of War Pensions Boards Heading repealed 1 April 1989 War Pensions Amendment Act 1988
15: District claims panels
1: The Secretary must maintain a sufficient number of war pensions claims panels.
1A: Despite subsection (1), the Secretary may not alter the number of claims panels unless the Secretary has consulted with the National Executive Committee of the New Zealand Returned Services’ Association (Incorporated).
2: Each claims panel consists of—
a: a person who—
i: is an official or employee of the Department and is appointed from time to time by the Secretary; or
ii: is an official or employee of a department of the public service listed in Schedule 1
b: a person appointed from time to time by the Secretary on the nomination of the National Executive Committee of the New Zealand Returned Services’ Association (Incorporated).
2A: A claims panel may, on or after 1 October 1999, allow a person nominated by a claimant to participate as the claimant’s advocate in the consideration of the claim by the panel, if the members of the panel consider that the person nominated is sufficiently qualified, by reason of his or her training and experience, to participate in the consideration of the claim.
2B: A person who is allowed under subsection (2A) to participate as the claimant’s advocate in the consideration of a claim is not a member of the claims panel, and is not part of the panel for the purposes of section 15B(2) to (4)
3: There may be paid to the member of the claims panel appointed under subsection (2)(b), out of a Crown Bank Account Fees and Travelling Allowances Act 1951 Section 15 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 15(1) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(1A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2) substituted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2A) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(2B) inserted 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 15(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
15A: Delegation of Secretary’s powers to claims panels and national review officers
1: The Secretary may from time to time, either generally or particularly, delegate in writing to any claims panel, or national review officer appointed under section 15C sections 14(2) to (4) 19 21 to 27 34 35 35A 48 66A sections 14(5), 16(4) 85
2: Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the claims panel or national review officer to which or to whom any powers, functions, and discretions are delegated may 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.
3: Every claims panel or national review officer purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
4: A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.
5: If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.
6: Every delegation under this section to a specified claims panel shall continue to have effect notwithstanding any change in the membership of the panel.
7: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.
8: Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5 Section 15A inserted 1 April 1989 War Pensions Amendment Act 1988
15B: Consideration of claims, etc, by district claims panel
1: Where a claims panel is to consider any claim pursuant to a delegation under section 15A
a: every provision of this Act relating to claims for war pensions or allowances, so far as it is relevant to the claim, shall, with the necessary modifications, apply to and in respect of the consideration and determination of the claim:
b: the claims panel may require the claimant to undergo such medical examinations or assessments as may be reasonably necessary to enable the claims panel to consider the claim fairly:
c: the claims panel may require the claimant to attend and give evidence before the panel in support of the claim, and may accept evidence in person from the claimant or any other person whom the claimant wishes to present in support of the claim:
d: the claimant shall have the right to make written submissions to the claims panel in support of the claim.
2: Every decision of a claims panel shall be unanimous.
3: If there is no unanimity between the members of a claims panel on any claim, each member shall make a written record of the member’s opinion and the reasons for that opinion.
4: Where subsection (3) applies, the claim, together with each member’s written opinion on the claim and all other relevant information, shall be forwarded to a national review officer appointed under section 15C Section 15B inserted 1 April 1989 War Pensions Amendment Act 1988
15C: National review officers
The Secretary may from time to time appoint 1 or more officials or employees of the Department to be a national review officer. Section 15C inserted 1 April 1989 War Pensions Amendment Act 1988
15D: Review of decisions of district claims panel, etc
1: Any claimant who is dissatisfied with the decision of any claims panel may, within 6
2: On receiving an application under subsection (1) or on receiving written opinions pursuant to section 15B(4)
3: On reviewing a decision following an application under subsection (1), the national review officer may, in accordance with this Act,—
a: confirm the decision; or
b: amend or reverse the decision; or
c: make such other decision as is appropriate to the circumstances of the case.
4: On considering a claim forwarded under section 15B(4)
5: The provisions of section 15B(1)(a) to (d)
6: If a national review officer requires a claimant to attend and give evidence in support of a claim, and the claimant or a person authorised by the claimant to represent the claimant does so, the Secretary, out of money appropriated by Parliament for the purpose, shall pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the claimant or representative. Section 15D inserted 1 April 1989 War Pensions Amendment Act 1988 Section 15D(1) amended 1 April 1990 section 39 Social Welfare (Transitional Provisions) Act 1990
15E: National review officer to determine whether fresh application on grounds of additional evidence should be accepted
1: If an application for reconsideration of a claim is received under section 14(5) section 16(4)
2: If a fresh claim is accepted under subsection (1), the Secretary or national review officer, as the case may be, shall refer the claim to the appropriate claims panel for consideration and decision; and in considering and deciding on the fresh claim it shall be dealt with in all respects as if it were an original claim. Section 15E inserted 1 April 1989 War Pensions Amendment Act 1988 Appeals
16: Appeals to War Pensions Appeal Board
1: Within 6 months after the date on which any decision of the Secretary or a national review officer
a: the rejection of any claim for a pension in respect of the disablement or death of a member of the forces on the ground that the disablement or death was not attributable to his service as a member of the forces or that the condition that resulted in his disablement or death was not aggravated by that service; or
b: the assessment of a pension granted to any member of the forces in so far as the assessment is based on medical grounds ; or
c: the assessment of any additional pension for severe disablement under section 23
2: On receipt of any such appeal the Secretary shall submit the appeal to a War Pensions Appeal Board, which may confirm the decision
3: Any decision of an Appeal Board may be made retrospective if and to such extent as that Board thinks fit.
4: The decision of an Appeal Board shall be final and conclusive: provided that, if at any time a claimant whose appeal has been determined satisfies the Secretary that by reason of additional evidence becoming available or for any other reason whatsoever it is desirable in the interests of justice that his claim should be reconsidered, the Secretary shall accept from him a fresh claim and any such claim shall be
5: If any person has the right to apply for the review of any decision pursuant to section 15D
6: The Appeal Board shall not make a decision in respect of an appeal brought against any decision made under section 23 1943 No 22 s 13; SR 1945/159 r 31(3) Section 16 heading amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(1)(b) amended 14 November 1973 War Pensions Amendment Act 1973 Section 16(1)(c) added 14 November 1973 War Pensions Amendment Act 1973 Section 16(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(4) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 16(5) added 1 April 1989 War Pensions Amendment Act 1988 Section 16(6) added 1 April 1989 War Pensions Amendment Act 1988 Section 16(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
16A: Appeals to Social Security Appeal Authority
1: An appeal shall lie to the Social Security Appeal Authority against any decision or determination of
a:
b: sections 78 78A 81 83 84 Parts 2 4 5 84A 86 87 87A 89 90 other than a decision or determination in respect of which an appeal lies to a War Pensions Appeal Board.
2: Sections 12A to 12R chief executive of the department
3: If any person has the right to apply for the review of any decision pursuant to section 15D Section 16A inserted 1 May 1974 War Pensions Amendment Act 1973 Section 16A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16A(1)(a) repealed 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 16A(1)(b) amended 15 December 2001 section 4 War Pensions Amendment Act 2001 Section 16A(1)(b) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 16A(1)(b) amended 10 October 1975 War Pensions Amendment Act 1975 Section 16A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 16A(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 16A(3) added 1 April 1989 War Pensions Amendment Act 1988 Presumptions to operate in favour of claimants for pensions
17: Presumption that disablement or death attributable to service
1: Where any claim for a pension under this Act is made by or in respect of a member of the forces who, on attesting for service or at any time thereafter, was medically graded as fit for service with the forces, the medical grading shall, except as otherwise provided in this section, be accepted as conclusive proof of the absolute physical and mental fitness of the member at the time of that grading, subject only to any physical or mental conditions qualifying that absolute fitness that may be specifically recorded in the medical record made at the time of the medical grading: provided that the foregoing provisions of this subsection shall not apply if the medical grading of the member has been altered by a competent authority within 2 months after he has been actually attached to the forces for service therein but before he has been subjected to any conditions that have in fact prejudicially affected his physical or mental fitness or to any conditions that may be regarded as having possibly or probably so affected his physical or mental fitness, and the member has been officially informed of the alteration of his grading within 3 months after he has been so attached to the forces for service therein.
2: The foregoing presumption in favour of the claimant based on the medical grading of the member shall not operate in any case where it is proved that the member failed to reveal to the medical examiners, after proper inquiry made of him, any material facts in relation to his physical or mental health or history, or where it is proved that by reason of any false statement, non-disclosure, or misrepresentation he was erroneously graded.
3: In any case in which the foregoing presumption in favour of the claimant does not for any reason apply or is not sufficient to establish his claim, the claimant shall be entitled to produce to the Secretary in connection with any war or emergency Secretary or Appeal Board
4: Where any member of the forces has suffered the loss of, or the permanent loss of the use of, one of any paired organs of the body, and that loss is held to be attributable to his service, the subsequent loss or impairment of the efficiency of the other corresponding organ (from whatever cause arising) shall be conclusively presumed to be attributable to his service. 1943 No 22 s 14 Section 17(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 17(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 17(3) amended 1 November 1976 section 2 War Pensions Amendment Act 1976 Rules to be observed by Boards in determining claims
18: Boards not bound by rules of evidence, but must determine all claims in accordance with their merits
1: In determining, in relation to any claim for a pension under this Act made by a member of the forces in respect of his disablement or made by any other person in respect of the disablement or death of a member, whether the disablement or death of the member was attributable to his service as a member or whether the condition that resulted in his disablement or death was aggravated by that service, the Secretary
2: In the application of the general rule formulated in subsection (1) the following particular rules shall apply—
a: in no case shall there be on the claimant any onus of proving that the disablement or death on which the claim is based was in fact attributable to the service of the member or that the condition that resulted in the disablement or death of the member was aggravated by his service:
b: the claimant shall be given the full benefit of the presumptions in his favour provided for in section 17
c: the Secretary Secretary or Appeal Board 1943 No 22 s 15 Section 18(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18(2)(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18(2)(c) amended 1 April 1989 War Pensions Amendment Act 1988
1A: War Pensions Medical Research Trust
Part 1A inserted 12 December 1968 War Pensions Amendment Act 1968
18A: Interpretation
In this Part, unless the context otherwise requires,— Fund section 18I Section 18A inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18A Board repealed 1 April 1989 War Pensions Amendment Act 1988
18B: War Pensions Medical Research Trust Board
Section 18B repealed 1 April 1989 War Pensions Amendment Act 1988
18C: Membership of Board
Section 18C repealed 1 April 1989 War Pensions Amendment Act 1988
18D: Extraordinary vacancies
Section 18D repealed 1 April 1989 War Pensions Amendment Act 1988
18E: Meetings of Board
Section 18E repealed 1 April 1989 War Pensions Amendment Act 1988
18F: Power to make rules
Section 18F repealed 1 April 1989 War Pensions Amendment Act 1988
18G: Functions and powers of Board
Section 18G repealed 1 April 1989 War Pensions Amendment Act 1988
18H: Secretary to Board and other staff
Section 18H repealed 1 April 1989 War Pensions Amendment Act 1988
18I: War Pensions Medical Research Trust Fund
There is hereby established a fund to be known as the War Pensions Medical Research Trust Fund which shall comprise all money paid into it under section 85(2)(e) Section 18I inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18I amended 1 April 1989 War Pensions Amendment Act 1988
18J: Capital and income of Fund
1: The capital of the Fund shall consist of—
a: all money paid into the Fund pursuant to section 85(2)(e)
b: all money paid into the Fund by way of grants, donations, or gifts:
c: all property held by or on behalf of the Advisory Board
d: all money derived from the sale of any property held by or on behalf of the Advisory Board
e: all income transferred to capital under subsection (3).
2: The income of the Fund shall consist of—
a: all income derived from the investment of money by or on behalf of the Advisory Board section 18K
b: all income derived from the administration of property held by or on behalf of the Advisory Board
c: all money derived from the leasing of land:
d: all other money not forming part of the capital of the Fund.
3: Any income of the Fund not for the time being required for expenditure under section 18L Advisory Board section 18K Section 18J inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18J(1)(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(1)(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(1)(d) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(2)(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(2)(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18J(3) amended 1 April 1989 War Pensions Amendment Act 1988
18K: Powers of investment
1: Any money, being capital of the Fund within the meaning of subsection (1) of section 18J Advisory Board Trustee Act 1956 Advisory Board provided that, notwithstanding any rule of law or equity to the contrary, the Advisory Board Advisory Board
2: Any money, being income of the Advisory Board section 18J Advisory Board Section 18K inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18K(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18K(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 18K(2) amended 1 April 1989 War Pensions Amendment Act 1988
18L: Authorised expenditure
1: Subject to the provisions of this Part, the Advisory Board Advisory Board
a: the making of grants or awards for the purpose of medical research into mental disorders, or other fields of medical research beneficial to former members of the forces:
b: the provision of fellowships to qualified persons who will, in the Advisory Board’s
c: the costs incurred in the administration of the Fund.
2: If at any time the income of the Fund is insufficient for the purposes of subsection (1) the Advisory Board
3: No person shall be qualified to receive a fellowship under paragraph (b) of subsection (1) unless he is—
a: ordinarily resident in New Zealand; or
b: a person resident outside New Zealand who will, in the Advisory Board’s Section 18L inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18L(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(1)(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18L(3)(b) amended 1 April 1989 War Pensions Amendment Act 1988
18M: Conditions of grants, awards, and fellowships
1: The conditions of tenure of every grant, award, and fellowship shall be determined by the Advisory Board
2: Every grant, award, and fellowship shall be of such value as the Advisory Board Advisory Board Section 18M inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18M(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 18M(2) amended 1 April 1989 War Pensions Amendment Act 1988
18N: Money to be paid into bank
1: All money received by the Advisory Board or by an employee of the Department on behalf of the Advisory Board shall as soon as practicable after its receipt be paid into such bank account or accounts of the Advisory Board as the Advisory Board from time to time determines.
2: No such money shall be withdrawn from the bank except by cheque signed by an employee of the Department approved for the purpose by the Advisory Board and countersigned by another such employee or by a member of the Advisory Board approved for the purpose by the Advisory Board. Section 18N substituted 1 April 1989 War Pensions Amendment Act 1988
18O: Accounting records must be kept
1: The Advisory Board must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the Advisory Board; and
b: will enable the Advisory Board to ensure that the financial statements of the Advisory Board comply with this Act; and
c: will enable the financial statements of the Advisory Board to be readily and properly audited.
2: The Advisory Board must establish and maintain a satisfactory system of control of those accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 18O replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18OA: Financial statements must be prepared
The Advisory Board must ensure that, within 5 months after the end of the financial year ending on 31 March, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Advisory Board and that financial year; and
b: dated and signed on behalf of the Advisory Board by 2 members of the Board. Section 18OA inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18OB: Financial statements must be audited
1: The Advisory Board must ensure that the financial statements of the Advisory Board are audited.
2: The Advisory Board is a public entity as defined in section 4 Section 18OB inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
18P: Purposes of Fund declared to be charitable purposes
The purposes for which the Fund is established are hereby declared to be charitable purposes. Section 18P inserted 12 December 1968 War Pensions Amendment Act 1968
18Q: Travelling allowances
Section 18Q repealed 1 April 1989 War Pensions Amendment Act 1988
18R: Members of
Advisory Board No member of the Advisory Board Advisory Board Advisory Board Section 18R inserted 12 December 1968 War Pensions Amendment Act 1968 Section 18R heading amended 1 April 1989 War Pensions Amendment Act 1988 Section 18R amended 1 April 1989 War Pensions Amendment Act 1988
18S: Contracts of Board
Section 18S repealed 1 April 1989 War Pensions Amendment Act 1988
2: War pensions
Grounds for payment of pensions
19: General provisions as to grounds for payment of pensions
1: Subject to the provisions of this Act, pensions in respect of the disablement or death of any member of the forces (whether occurring before or after the commencement of this Act) shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred while he was on service overseas as a member of the forces in connection with any war in which Her Majesty was then engaged, or in connection with any emergency, whether arising out of the obligations undertaken by New Zealand in the Charter of the United Nations or otherwise:
b: in any case where the disablement or death of the member is attributable to his service in New Zealand or overseas:
c: in any case where the condition that resulted in the disablement or death of the member was aggravated by his service in New Zealand or overseas: provided that, except with the approval of the Minister, no pension shall be payable under this Part in respect of the disablement or death of any member if, at the date of his disablement or death, he was a deserter from the forces or was absent without leave and was not in receipt of continuous pay as a member of the forces: provided also that where any claim for a pension is made by a member in respect of his disablement the Secretary Secretary or Appeal Board
2: In any case to which paragraph (a) of subsection (1) applies, the disablement or death of the member, as the case may be, shall for the purposes of this Act be deemed to be attributable to his service as a member of the forces.
3: Nothing in this section shall apply to a spouse or partner spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if any person is, on 1 April 1971, in receipt of a pension payable under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L
5: If the disablement or death of a member of the Armed Forces of New Zealand within the meaning of the Accident Compensation Act 1982 1943 No 22 ss 17, 25 Section 19(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 19(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 19(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 19(3) amended 15 December 2001 section 5 War Pensions Amendment Act 2001 Section 19(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 19(5) added 1 April 1974 War Pensions Amendment Act 1973 Pensions for disabled members of the forces
20: Maximum rate of pensions for total disablement
Except as otherwise expressly provided in this Part, the rate of the pension payable to a member of the forces in respect of his total disablement shall not exceed the appropriate rate specified in Schedule 1 1940 No 24 s 5(a); 1943 No 22 ss 19(1)(a), (2)(a), 57(a), (b); 1946 No 17 s 2(3); 1949 No 25 ss 2, 8(a), (b); 1951 No 23 s 2; 1951 No 24 s 2
21: Rates of pensions for disablement resulting from certain major disabilities
1: Where the disablement of any member of the forces is due in whole or in part to any one of the disabilities specified in Schedule 9
2: Where the disablement of the member is due, in whole or in part, to any 2 or more of the disabilities specified as aforesaid, the minimum rate of the pension payable to the member shall, if and so long as he is a bona fide resident of New Zealand, be ascertained by adding together the appropriate percentages in Schedule 9 provided that in no case shall a pension be payable by virtue of this subsection at a rate in excess of the maximum rate that would be payable to him in respect of his total disablement: provided also that where in the said schedule the percentage of full pension payable for a specified disability involving multiple losses differs from the sum of the percentages specified for the separate losses, the former shall be the appropriate percentage. 1943 No 22 s 20(1), (2) Section 21(2) second proviso added 25 October 1963 War Pensions Amendment Act 1963
22: Rates of pensions in other cases of disablement
Subject to the provisions of section 21 the Secretary 1940 No 24 s 6; 1943 No 22 ss 21, 58 Section 22 amended 1 April 1989 War Pensions Amendment Act 1988
23: Additional pension in certain cases of severe disablement
1: This section applies to every case where a member of the forces—
a: is suffering from total blindness; or
b: is suffering from 2 or more serious disabilities (whether specified in Schedule 9
c: is totally disabled and is permanently bedridden or, if not permanently bedridden, is, in the opinion of the Secretary and a pension for total disablement in respect of such blindness, disabilities, or disablement is for the time being payable under section 19(1)
2: Notwithstanding anything in this Part, in any case to which this section applies the Secretary may, in the Secretary’s Schedule 1
3: Notwithstanding anything in this Part but subject to subsection (4), if a person receiving an additional pension under this section is of or over the age of 60 years, that person shall be entitled to be paid, in addition to the total amount payable under section 19
4: In each case entitlement to the further amount provided for in subsection (3) shall commence on the earliest date that the Secretary considers practicable, being a date not earlier than the date of commencement of the pay period during which this subsection came into force or during which the pensioner attained the age of 60 years, whichever is the later. 1943 No 22 ss 19(4), (5), 20(3); 1951 No 23 ss 4, 12 Section 23(1) substituted 1 November 1976 section 3 War Pensions Amendment Act 1976 Section 23(1)(c) amended 1 April 1989 War Pensions Amendment Act 1988 Section 23(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 23(3) added 16 June 1986 War Pensions Amendment Act 1986 Section 23(4) added 16 June 1986 War Pensions Amendment Act 1986
24: Pensions may be temporary or permanent
Any pension granted under this Part to a member of the forces in respect of his total or partial disablement shall be a temporary pension or a permanent pension according to whether the disablement of the member is of a temporary or a permanent character: provided that where, in the opinion of the Secretary section 26 1943 No 22 s 22 Section 24 proviso amended 1 April 1989 War Pensions Amendment Act 1988
25: Rate of pension to be determined by reference to nature of disablement
1: Except as provided in subsection (2), no account shall be taken of the income or property of the claimant or of any other person in considering a claim by any member of the forces for a pension in respect of his disablement, but the claim shall be determined solely by reference to the nature and extent of the disablement.
2: In any case where the disablement of the member is attributable solely to his service in New Zealand or is attributable solely to his service out of New Zealand otherwise than in connection with any war, the Secretary may, in the Secretary’s the Secretary may, in the Secretary’s 1943 No 22 s 23 Section 25(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 25(2) amended 1 April 1989 War Pensions Amendment Act 1988
26: Review of pensions
1: Except in any case to which subsection (2) of section 25
2: Subject to subsection (1), any pension granted under this Part to any member of the forces may from time to time and at any time be reviewed by the Secretary the Secretary 1943 No 22 s 24 Section 26(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 26(2) amended 1 April 1989 War Pensions Amendment Act 1988
27: Disabled member may be required to undergo medical treatment
If the Secretary the Secretary 1943 No 22 s 39(1) Section 27 amended 1 April 1989 War Pensions Amendment Act 1988 Section 27 amended 1 April 1989 War Pensions Amendment Act 1988
28: Clothing allowance in case of loss of limbs, etc
1: In addition to the amount of pension payable to any member of the forces in accordance with the foregoing provisions of this Part, a special allowance for wear and tear on the clothing or footwear , or soiling of the clothing, Schedule 1
a: to any member who has suffered the loss in whole or in part of 2 limbs:
b: to any member who has suffered the loss in whole or in part of a leg:
c: to any member who has suffered the loss in whole or in part of an arm:
d: to any member who is obliged to use any mechanical or other appliance (other than an artificial leg or artificial arm):
e: to any member who is suffering from a disability which causes or leads to soiling of his clothing.
2: Any allowance granted under this section shall be included in and deemed part of the pension of the member. 1943 No 22 s 41; 1951 No 23 s 8 Section 28(1) amended 7 December 1983 section 2(1) War Pensions Amendment Act 1983 Section 28(1)(e) added 7 December 1983 section 2(2) War Pensions Amendment Act 1983
29: Allowance for services of attendant in certain cases
1: If, with respect to any member of the forces who is in receipt of a pension under this Part in respect of his total disablement, the Secretary is satisfied that the services of an attendant are indispensable the Secretary may, in the Secretary’s Schedule 2
2: In special cases the Secretary may, in the Secretary’s discretion, extend
3: Any allowance under this section may be paid, in whole or in part, to the attendant or may be paid to the member in respect of the additional expenses incurred by him. Any allowance paid to a member under this section shall not be deemed to form part of his pension. 1943 No 22 s 40; 1951 No 23 s 7 Section 29(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 29(2) amended 1 April 1989 War Pensions Amendment Act 1988
29A: Additional payment where decoration awarded
1: Any member of the forces who has been awarded a decoration in respect of any period of service which commenced on or after 3 September 1939 may be paid an annuity, allowance, or addition to his pension, as the case may be, at such rate and in accordance with such conditions as may be prescribed. Different rates may be so prescribed in respect of different decorations.
2: In this section the term decoration
3: Without limiting the power to make regulations conferred by section 96 Section 29A inserted 1 July 1966 section 2(1) War Pensions Amendment Act 1966 Pensions for wives of disabled members Heading repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
30: Maximum rates of pensions for wives of disabled members of forces
Section 30 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
31: Economic position of disabled member to be considered in determining rate of pension for wife
Section 31 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
31A: Lump sum payment on death of wife of economic pensioner
Section 31A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Pensions for surviving spouses or surviving partners Heading substituted 1 April 1989 War Pensions Amendment Act 1988 Heading amended 15 December 2001 section 6 War Pensions Amendment Act 2001
32: Maximum rates of surviving spouses’
and surviving partners’
1: Except as provided in subsection (2), the rate of the pension payable to the surviving spouse or surviving partner Schedule 4
2: Where the surviving spouse or surviving partner or surviving partner Schedule 4
3: A parent’s allowance in respect of any child—
a: shall commence on such day as the Secretary determines, being not earlier than the first day of the pay period in which the child is born:
b: where the child is over the age of 16 years, may be granted or continued, as if the child had not attained that age, during any period during which a pension is payable to or on behalf of the child in accordance with section 43
c: in the event of the death of the child, shall continue to such day as the Secretary determines, being not later than the end of the second pay period following the pay period in which the child dies. Section 32 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 32 heading amended 15 December 2001 section 7(1) War Pensions Amendment Act 2001 Section 32(1) amended 15 December 2001 section 7(2) War Pensions Amendment Act 2001 Section 32(2) amended 15 December 2001 section 7(2) War Pensions Amendment Act 2001
33: Rate of pension for surviving spouse
or surviving partner Except as otherwise provided in this Act, the rate of the pension payable to the surviving spouse or surviving partner Schedule 4 Section 33 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 33 heading amended 15 December 2001 section 8(1) War Pensions Amendment Act 2001 Section 33 amended 15 December 2001 section 8(2) War Pensions Amendment Act 2001
34: Surviving spouse or surviving partner not entitled to pension in certain cases
Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member’s death if—
a: the death of the member occurred within 1 year after the marriage or entry into the civil union or de facto relationship; and
b: at the date of the marriage or entry into the civil union or de facto relationship the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year. Section 34 substituted 15 December 2001 section 9 War Pensions Amendment Act 2001 Section 34(a) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 34(b) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
35: Pensions to surviving spouses or surviving partners to cease on remarriage, entry into civil union, or commencement of de facto relationship
1: A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or entry into a civil union or de facto relationship.
2: Despite anything to the contrary in subsection (1), on the surviving spouse’s or surviving partner’s remarriage or entry into a civil union or a de facto relationship while in receipt of a pension under this Part, the Secretary may, in the Secretary’s discretion,—
a: continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:
b: review, at any time, a pension continued under paragraph (a).
3: In any case to which subsection (2) applies, the Secretary may, in the Secretary’s discretion, instead of continuing the pension, pay to the surviving spouse or surviving partner a lump sum gratuity not exceeding 2 years’ pension.
4: For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2) is deemed to be a pension payable to the surviving spouse or surviving partner of a member of the forces. Section 35 substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
35A: Reinstatement of surviving spouse’s or surviving partner’s pension
1: Despite anything in section 35
2: The rate of any pension reinstated under subsection (1) is the appropriate rate specified in Schedule 4 section 32 Section 35A substituted 15 December 2001 section 9 War Pensions Amendment Act 2001 Section 35A(1) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005 Pensions for children of disabled and deceased members
36: Maximum rates of children’s pensions
1: Except as otherwise expressly provided in this Part, the rate of the pension payable to or on behalf of each child in respect of the total disablement or death of a member of the forces shall not exceed the appropriate rate specified in Schedule 5
2: In the case of the partial disablement of a member the rate shall be such lower rate than that payable in respect of total disablement as may in each case be determined by the Secretary 1940 No 24 ss 4(a), 5(b), 6; 1943 No 22 ss 18(1)(b), (2)(a), 19(1)(c), (2)(b), 21, 56(1)(a), (2)(a), 57(d), 58; 1946 No 17 ss 2(2), 4(1), (2); 1946 No 18 s 2(2); 1949 No 25 s 2; 1951 No 23 ss 2, 3; 1951 No 24 s 2 Section 36(2) amended 1 April 1989 War Pensions Amendment Act 1988
37: Child not entitled to pension in certain cases
Notwithstanding anything to the contrary in this Act, the Secretary may, in the Secretary’s parent surviving spouse or surviving partner section 34 the member’s 1943 No 22 s 29(2) Section 37 amended 15 December 2001 section 10(a) War Pensions Amendment Act 2001 Section 37 amended 15 December 2001 section 10(b) War Pensions Amendment Act 2001 Section 37 amended 15 December 2001 section 10(c) War Pensions Amendment Act 2001 Section 37 amended 1 April 1989 War Pensions Amendment Act 1988
38: Board may terminate pension where family benefit payable
Section 38 repealed 1 July 1999 section 8 Veterans’ Affairs Act 1999
39: Economic position of disabled member to be considered in determining rate of pension for children
1: In determining a claim for a pension under this Part made by or on behalf of any child of a member of the forces in respect of his total or partial disablement, regard shall be had to the property, income, and general economic circumstances of the member, except in the case of a member who is in receipt of a pension for total blindness.
2: Except as provided in subsection (1), no account shall be taken of the income or property of the claimant or of any other person in determining any such claim.
3: Any pension to which this section applies (not being a pension granted in respect of the total blindness of a member) may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 30 Section 39(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 39(3) amended 1 April 1989 War Pensions Amendment Act 1988
40: Increased pensions for children in certain cases
Notwithstanding anything to the contrary in this Part,—
a: the rate of the pension payable to or on behalf of a child whose parents are dead shall be a rate not exceeding the appropriate rate specified in Schedule 5
b: the rate of the pension payable to or on behalf of a child of a deceased member of the forces where the child is not under the control of its parent Schedule 5 the Secretary, in the Secretary’s 1943 No 22 s 31; 1951 No 23 s 5 Section 40(b) amended 15 December 2001 section 11 War Pensions Amendment Act 2001 Section 40(b) amended 1 April 1989 War Pensions Amendment Act 1988
41: Children whose parents are not married
Section 41 repealed 15 December 2001 section 12 War Pensions Amendment Act 2001
42: Child not to receive pension in respect of more than 1 parent
Notwithstanding anything to the contrary in this Act, a pension in respect of the disablement or death of any member of the forces shall not be payable to or on behalf of any child of the member for any period for which a pension under this Act is payable to or on behalf of the same child in respect of the disablement or death of any other person. 1943 No 22 s 32(5)
43: Duration of pensions for children
1: A pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall commence on such day as the Secretary pay period
2: Save as provided in this section, a pension granted to or on behalf of a child of a member of the forces in respect of his disablement or death shall not continue after the end of the pay period
3:
4: A pension granted to or on behalf of any child suffering from any mental or physical infirmity may be continued for any period while the infirmity continues.
5: The Secretary
6: Notwithstanding anything to the contrary in the foregoing provisions of this Act, a pension may be granted to or on behalf of any child who has attained the age of 16 years or more at any time when, if a pension had been already granted, it could be continued in force pursuant to the foregoing provisions of this section.
7: Notwithstanding anything to the contrary in section 85 pay period the Secretary 1943 No 22 s 33; 1949 No 25 s 5 Section 43(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(1) amended 1 February 1961 War Pensions Amendment Act 1960 Section 43(2) amended 1 February 1961 War Pensions Amendment Act 1960 Section 43(3) repealed 15 December 2001 section 13 War Pensions Amendment Act 2001 Section 43(5) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(7) amended 1 April 1989 War Pensions Amendment Act 1988 Section 43(7) amended 1 February 1961 War Pensions Amendment Act 1960 Pensions for other dependants
44: Maximum rates of pensions for dependants other than spouses, partners, and children
The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating. Section 44 substituted 15 December 2001 section 14 War Pensions Amendment Act 2001
45: Pensions to unmarried females to cease on marriage
Section 45 repealed 15 December 2001 section 15 War Pensions Amendment Act 2001
46: Economic position of dependant to be considered in determining rate of pension
1: In determining the rate of pension payable to any dependant of a member of the forces, other than the spouse or partner, or surviving spouse or surviving partner, the Secretary the Secretary
2: Any pension to which this section applies may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 37 Section 46(1) amended 15 December 2001 section 16 War Pensions Amendment Act 2001 Section 46(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 46(2) amended 1 April 1989 War Pensions Amendment Act 1988 Miscellaneous provisions as to pensions for dependants
47: Increased pensions to
spouse or partner Notwithstanding anything to the contrary in this Part, where, pursuant to Part 3 the Secretary may, in the Secretary’s spouse or partner 1943 No 22 s 53 Section 47 heading amended 15 December 2001 section 17(1) War Pensions Amendment Act 2001 Section 47 amended 15 December 2001 section 17(2) War Pensions Amendment Act 2001 Section 47 amended 1 April 1989 War Pensions Amendment Act 1988
48: Pension to surviving spouse
, surviving partner, Notwithstanding anything in this Act, where any member of the forces has died, whether before or after the commencement of this section, from any cause not attributable to his or her service as a member of the forces, and—
a: at the date of his or her death the member was in receipt of a permanent pension under this Part at a rate not less than 70% of the maximum rate of pension that would be payable in respect of his or her total disablement; or
b: at the date of his or her death the member was not in receipt of such a pension, but the Secretary is of the opinion that, if he or she had not died, he or she could have been granted a permanent pension at a rate not less than 70% of that maximum rate,— the Secretary may, in the Secretary’s discretion, grant a pension to or on behalf of the surviving spouse , surviving partner, Section 48 substituted 1 April 1989 War Pensions Amendment Act 1988 Section 48 heading amended 15 December 2001 section 18(1) War Pensions Amendment Act 2001 Section 48 amended 15 December 2001 section 18(2) War Pensions Amendment Act 2001
49: Pensions to dependants in respect of disablement of member to cease on his death
1: All pensions granted to the dependants of a member of the forces in respect of his disablement shall be terminated by the death of the member, but nothing herein shall affect the right of any such dependant to apply for and be granted a pension in accordance with this Act in respect of the death of the member.
2: Notwithstanding anything to the contrary in subsection (1), the Secretary may, in the Secretary’s pay period pay period
3: If any pension, allowance, or benefit payable out of public money is granted to the dependant, to take effect during the aforesaid period, the amount of any pension paid or approved for payment under this section may, notwithstanding anything to the contrary in any other Act, be taken into account in determining the amount of that other pension, allowance, or benefit to be paid in respect of the same period. 1943 No 22 s 43 Section 49(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 49(2) amended 1 February 1961 War Pensions Amendment Act 1960 Increased pensions for member of forces and dependants
50: Increased pensions while member undergoing medical treatment
If, for the purpose of undergoing any medical, surgical, or curative treatment, it is necessary, in the opinion of the Secretary the Secretary 1943 No 22 s 39(2) Section 50 amended 1 April 1989 War Pensions Amendment Act 1988 Section 50 amended 1 April 1989 War Pensions Amendment Act 1988 Pensions for persons other than dependants
51: Pensions for guardians of
parentless
1: The Secretary may, in the Secretary’s person the Secretary he or she
2: The rate of a pension under this section shall not in any case exceed the maximum rate of pension payable to the spouse or partner
3: A pension under this section shall, unless sooner terminated, cease as soon as the person in receipt thereof has not the control and care of any child of the member in respect of whom a pension is payable. 1943 No 22 s 36; 1951 No 23 s 6 Section 51 heading amended 15 December 2001 section 19(1) War Pensions Amendment Act 2001 Section 51(1) amended 15 December 2001 section 19(2)(a) War Pensions Amendment Act 2001 Section 51(1) amended 15 December 2001 section 19(2)(b) War Pensions Amendment Act 2001 Section 51(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 51(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 51(2) amended 15 December 2001 section 19(2)(c) War Pensions Amendment Act 2001
52: Pensions for other persons
1: The Secretary may, in the Secretary’s the Secretary
2: The rate of a pension granted under this section shall not in any case exceed the maximum rate of pension prescribed for the spouse or partner, or surviving spouse or surviving partner 1943 No 22 s 45 Section 52(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 52(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 52(2) amended 15 December 2001 section 20 War Pensions Amendment Act 2001
53: Economic position of claimant to be considered in determining rate of pension
1: In determining the rate of pension payable to any claimant for a pension under section 51 section 52 the Secretary the Secretary
2: Any pension to which this section applies may be at any time reviewed by the Secretary the Secretary 1943 No 22 s 37 Section 53(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 53(2) amended 1 April 1989 War Pensions Amendment Act 1988 Extension of this Part to cover special cases
54: Members of forces officially reported as missing
1: Pensions under this Part shall be payable in respect of a member of the forces who is officially reported as missing in the same manner in all respects as if the member had died in the course of his service on the date on which he was reported missing.
2: In the event of the member being subsequently reported as dead, the Secretary
3: In the event of the member being subsequently reported as living, all pensions under this section, together with any economic pensions under Part 3 1943 No 22 s 38 Section 54(2) amended 1 April 1989 War Pensions Amendment Act 1988
55: Service otherwise than as member of forces
1: The Secretary
2: Pensions under this section shall be payable to persons of the same classes and in the same cases and manner in all respects as if they were pensions payable to members of the forces or their dependants or other persons under the foregoing provisions of this Part.
3: No pension shall be granted under this section at a rate in excess of the rate that would be payable in accordance with the foregoing provisions of this Part in respect of the disablement or death of a member of the forces.
4: Nothing in this section shall apply in respect of service on or after the date of commencement of section 63 of the Accident Compensation Act 1972. 1943 No 22 s 46 Section 55(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 55(4) added 14 November 1973 War Pensions Amendment Act 1973
56: Service as member of other Commonwealth forces
1: Subject to the provisions of this section, the Secretary may, in the Secretary’s
2: Where any claimant for a pension under this section in respect of the disablement or death of a member of the forces of any country of the Commonwealth (other than New Zealand) is in receipt of a pension from the government of that country in respect of the member’s disablement or death, the Secretary may, in the Secretary’s
3: No pension shall be payable under this section to or in respect of a member of any forces while the claimant or pensioner is not actually resident in New Zealand.
4: No pension shall be granted under this section at such a rate that the aggregate rate of the pensions payable in respect of the disablement or death of the member (including any overseas pension) shall exceed the aggregate rate of the pensions that would have been payable if the member in respect of whose disablement or death the pension is granted had been a member of the New Zealand forces.
5: The provisions of section 48 surviving spouse, surviving partner,
a: that member were a member of Her Majesty’s forces established in New Zealand; and
b: any pension or part thereof received by that member from the government of any country of the Commonwealth (other than New Zealand) which in the opinion of the Board is in respect of his permanent disablement were a permanent pension under this Part. 1943 No 22 s 47; 1951 No 23 s 13 Section 56(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 56(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 56(5) added 13 September 1961 War Pensions Amendment Act 1961 Section 56(5) amended 15 December 2001 section 21 War Pensions Amendment Act 2001
56A: Arrangements with other countries for payment of pensions, etc
1: The Minister may from time to time enter into arrangements with the appropriate authority in any other country providing that the appropriate department of State of that country shall act in that country as agent for the Department for any purpose under this Act, and that the Department shall act in New Zealand as agent for that department of State for any purpose under any analogous Act of that country.
2: There shall be paid out of a Crown Bank Account
3: Without limiting the power to make regulations conferred by section 96
4: Any regulations made in accordance with subsection (3) may, so far as they relate to any particular arrangement, be made to come into force on the date on which the arrangement was entered into, notwithstanding that that date was before the date of the making of the regulations. Section 56A inserted 13 January 1966 section 3(1) War Pensions Amendment Act 1966 Section 56A(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
3: Economic pensions
Part 3 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
57: Economic pension defined
Section 57 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
58: Classes of persons entitled to claim economic pension
Section 58 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
59: Grant of economic pensions to be in discretion of War Pensions Board
Section 59 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
60: Maximum rates of economic pensions
Section 60 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
61: Special provisions where claimant refuses to accept suitable employment
Section 61 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
61A: Lump sum payment on death of economic pensioner
Section 61A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
4: Mercantile marine pensions
62: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
1: Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the mercantile marine shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred in the course of his employment or engagement as a member of the mercantile marine, and is directly attributable to the Second World War:
b: in any case where the death of the member has occurred after the termination of his employment or engagement as a member of the mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War: provided that no pension shall be payable under this Part in respect of the disablement or death of any member if in respect of the same disablement or of his death any pension is payable under Part 2 Part 5
2: Save as expressly provided in this Part, all the provisions of this Act (except Part 5 section 63
3: Nothing in this section shall apply to the spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if any person is, on 1 April 1971, in receipt of a pension under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L 1940 No 24 s 3; 1946 No 18 s 2(2) Section 62(2) amended 15 April 2003 section 6 War Pensions Amendment Act 2003 Section 62(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 62(3) amended 15 December 2001 section 22 War Pensions Amendment Act 2001 Section 62(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
63: Service as member of other Commonwealth mercantile marine
1: Subject to the provisions of this section, the Secretary may, in the Secretary’s
a: in any case where the disablement or death of the person occurred in the course of his employment or engagement as a member of that mercantile marine, and is directly attributable to the Second World War:
b: in any case where the death of the person has occurred after the termination of his employment or engagement as a member of that mercantile marine, and is attributable to a disablement which occurred in the course of that employment or engagement and which is directly attributable to the Second World War.
2: Where any claimant for a pension or allowance under this section in respect of the disablement or death of a member of the mercantile marine of any country of the Commonwealth (other than New Zealand) is in receipt of a pension or allowance from the government of that country in respect of the member’s disablement or death, the Secretary may, in the Secretary’s
3: No pension or allowance shall be payable under this section to or in respect of a member of any mercantile marine while the claimant or pensioner is not actually resident in New Zealand.
4: No pension or allowance shall be granted under this section at such a rate that the aggregate rate of the pensions and allowances payable in respect of the disablement or death of the member (including any overseas pension or allowance) shall exceed the aggregate rate of the pensions and allowances that would have been payable if the member in respect of whose disablement or death the pension or allowance is granted had been a member of the New Zealand mercantile marine.
5: Nothing in this section shall apply to the spouse or partner spouse or partner section 66L
6: Notwithstanding anything in subsection (5), if any person is, on 1 April 1971, in receipt of a pension under subsection (1) as the wife of a disabled person, and is not entitled to make an election under section 66L 1943 No 21 s 3 Section 63(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 63(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 63(5) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 63(5) amended 15 December 2001 section 23 War Pensions Amendment Act 2001 Section 63(6) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
64: Compensation or damages not payable if pension payable
No person shall be entitled to claim any compensation or damages in respect of the disablement or death of any member of the mercantile marine if in respect of that disablement or death he is entitled to claim a pension or allowance under this Part. 1940 No 24 s 10
5: Emergency Reserve Corps pensions
65: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
1: Subject to the provisions of this Act, pensions and allowances in respect of the disablement or death of any member of the Emergency Reserve Corps shall be payable under this Part to the member and his dependants (in the case of his disablement) or to the dependants of the member (in the case of his death) in any of the following cases, namely:
a: in any case where the disablement or death of the member occurred in the course of his service as a member of the Emergency Reserve Corps, and is directly attributable to that service:
b: in any case where the death of the member has occurred after the termination of his service as a member of the Emergency Reserve Corps, and is attributable to a disablement which occurred in the course of that service and which is directly attributable to that service: provided that no pension shall be payable under this Part in respect of the disablement or death of any member if in respect of the same disablement or his death any pension is payable under Part 2 Part 4
2: Save as expressly provided in this Part, all the provisions of this Act (except Part 4
3: Nothing in this section shall apply to the spouse or partner spouse or partner section 66L
4: Notwithstanding anything in subsection (3), if the wife of any member of the Emergency Reserve Corps is, on 1 April 1971, in receipt of a pension in respect of his disablement, and is not entitled to make an election under section 66L 1943 No 22 s 55; 1946 No 17 s 4; 1949 No 25 s 8; 1951 No 23 s 10 Section 65(2) amended 15 April 2003 section 7 War Pensions Amendment Act 2003 Section 65(3) added 1 April 1971 War Pensions Amendment Act (No 2) 1970 Section 65(3) amended 15 December 2001 section 24 War Pensions Amendment Act 2001 Section 65(4) added 1 April 1971 War Pensions Amendment Act (No 2) 1970
66: Compensation or damages may be taken into account in assessing rates of pensions
The Secretary 1943 No 22 s 59 Section 66 amended 1 April 1989 War Pensions Amendment Act 1988
5A: War service pensions
Part 5A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66A: Serviceman defined
Section 66A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66B: War service pensions
Section 66B repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66C: Appeal from decisions of War Pensions Board
Section 66C repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66D: Residential qualifications for war service pension
Section 66D repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66E: Rates of war service pension
Section 66E repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66F: Age supplement where war service pensioner or wife has attained age of 65 years
Section 66F repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66G: Apportionment of pensions in certain cases
Section 66G repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66H: Forfeiture of pensions of inmates of institutions
Section 66H repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66I: Review of pensions
Section 66I repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66J: Continuation of payment after death of serviceman
Section 66J repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66K: Continuation of payment after death of wife
Section 66K repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66L: Election to receive war service pension in certain cases
Section 66L repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
66M: War service pensioners may elect to receive national superannuation
Section 66M repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
6: Veterans’ pensions
Part 6 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
67: Interpretation
1: In this Part and in Schedules 11 to 13 Department section 2(1) dependent child
a: whose care is primarily the responsibility of that person; and
b: who is being maintained as a member of that person’s family; and
c: who is financially dependent on that person; and
d: who is not a child in respect of whom payments are being made under section 363 employment income
a: includes—
i: subject to paragraph (b), any expenditure on account of an employee (within the meaning of section YA 1
ii: any benefit of a kind referred to in section CE 1(d) Income Tax Act 2007
iii: in the case of a person who, in the relevant period, has been provided, in respect of any office or position held by the person, with board or lodging, or the use of a house or quarters, or has been paid an allowance instead of being provided with board or lodging, or with the use of a house or quarters, the value of those benefits (and the value of the benefits is to be determined, in the case of a dispute, by the Secretary); but
b: does not include any employer’s superannuation contribution (within the meaning of section YA 1 income section 3(1) Income Test 3 or civil union partner or de facto partner $100 living alone section 67A New Zealand superannuation New Zealand Superannuation and Retirement Income Act 2001 ordinarily resident partner section 3(1) Secretary single single living alone rate Schedule 11 single sharing accommodation rate Schedule 11 spouse
2: Unless the context otherwise requires, any word or expression used in this Part or in Schedules 11 to 13 section 2 section 3(1) 1990 No 26 s 2 Section 67 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 67(1) employment income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 67(1) employment income amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 67(1) Income Test 3 amended 27 September 2010 section 4 War Pensions Amendment Act (No 2) 2010 Section 67(1) Income Test 3 amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 67(1) Income Test 3 amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 67(1) living alone inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 67(1) New Zealand superannuation amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 67(1) partner inserted 1 July 2006 section 4 War Pensions Amendment Act 2006 Section 67(1) single substituted 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 67(1) single living alone rate inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 67(1) single sharing accommodation rate inserted 2 September 2013 section 18 Social Assistance (Living Alone Payments) Amendment Act 2013
67A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1)
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house section 66B territorial sea of New Zealand internal waters Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 67A inserted 2 September 2013 section 19 Social Assistance (Living Alone Payments) Amendment Act 2013
68: Administration of veterans’ pensions
1: This Part is administered by the Department.
2: Nothing in the other Parts of this Act or the War Pensions Regulations 1956
3: In the application of any of the provisions of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Social Security Act 1964
4: Nothing in subsection (3) requires the Secretary to issue a separate code of conduct under section 11B
5: If a requirement is made under section 11 section 11B
a: to the Secretary as if the Secretary were the chief executive of the department; and
b: to every officer or employee of the Department engaged in the administration of veterans’ pensions as if they were officials or employees of the department. 1990 No 26 s 2A Section 68 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 68(3) amended 5 December 2013 section 17(2)(a) Social Welfare (Transitional Provisions) Amendment Act 2013
69: Delegation of Secretary’s powers
1: The Secretary may, either generally or particularly, delegate to the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
a: sections 70 to 74B
b: any other provision in this Part or the Social Security Act 1964 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
2: The provisions of sections 41 42 1990 No 26 s 2B Section 69 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 69(1)(b) amended 5 December 2013 section 17(2)(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Entitlement Heading inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
70: Entitlement to veteran’s pension
1: Subject to this Part and to the Social Security Act 1964
a: in any war or emergency in which New Zealand forces have served, that person either—
i: served as a member of the forces, a member of the mercantile marine, or a member of the Emergency Reserve Corps; or
ii: served as a member of the forces or as a member of the mercantile marine of any Commonwealth country (other than New Zealand) outside that Commonwealth country, and was ordinarily resident in New Zealand at the commencement of that war or emergency; and
b: that person either—
i: has attained the age at which he or she is entitled to receive New Zealand superannuation if otherwise qualified to receive it and is qualified to receive a pension under Part 2 Part 4 Part 5
ii: because of any mental or physical infirmity is, in the Secretary’s opinion, prevented from undertaking employment and, because of that infirmity, is likely to be prevented from undertaking employment permanently or for a substantial period.
2: If a person is entitled to receive a veteran’s pension on account of his or her own service, or would have been entitled to receive it had he or she been alive, the spouse or civil union partner or de facto partner or civil union partner’s or de facto partner’s or civil union partner or de facto partner
3: A person is not entitled to receive a veteran’s pension if he or she has at any time been in receipt of New Zealand superannuation unless he or she—
a: is qualified to receive a pension under Part 2 Part 4 Part 5
b: had elected to receive New Zealand superannuation under section 66M section 4 of the War Pensions Amendment Act 1986
i: before 1 April 1990, sent a written request to the Secretary to forgo national superannuation paid or payable under the Social Security Act 1964
ii: on or after 1 April 1990, sent or sends a written request to the Secretary to forgo New Zealand superannuation and to receive instead a veteran’s pension.
4: In subsection (3), New Zealand superannuation
a: New Zealand superannuation paid or payable under the New Zealand Superannuation and Retirement Income Act 2001
b: New Zealand superannuation paid or payable under the Social Welfare (Transitional Provisions) Act 1990 New Zealand Superannuation and Retirement Income Act 2001
c: national superannuation or guaranteed retirement income paid or payable, before 1 April 1994, under the Social Welfare (Transitional Provisions) Act 1990
d: national superannuation paid or payable, before 1 April 1990, under the Social Security Act 1964 1990 No 26 s 8 Section 70 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 70(2) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 70(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 70(4)(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(4)(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005
70A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of this Part, that question must be referred to and be decided by the Minister (as defined in section 2(1) Section 70A inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
71: Veteran’s ability to earn employment income
1: This section applies to a person who—
a: is in receipt of a veteran’s pension; and
b: qualified to receive that pension under either—
i: section 70(1)(b)(ii)
ii: section 8(1)(b)(ii)
c: has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: A person to whom this section applies will not cease to be entitled to receive a veteran’s pension merely because that person, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
3: This section applies despite section 70(1)(b)(ii) section 74D Section 71 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
72: Medical examination of applicant for veteran’s pension
1: The Secretary, in his or her discretion, may require any applicant for a veteran’s pension or any person in receipt of a veteran’s pension to submit himself or herself to a medical practitioner nominated by the Secretary for the purpose of a medical examination.
2: The medical practitioner must certify—
a: whether, in his or her opinion, the applicant or person in receipt of a veteran’s pension is prevented from undertaking employment as a result of a mental or physical infirmity; and
b: the estimated duration of that condition.
3: The medical practitioner must state the grounds upon which his or her opinion is founded. 1990 No 26 s 9 Section 72 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003
73: Commencement of veteran’s pension
1: A veteran’s pension commences on the later of—
a: the date on which the applicant became entitled to receive it; or
b: the date on which the Department received the application for it.
2: Despite subsection (1), a person’s application for a veteran’s pension is deemed to have been received on 1 April 1990 if—
a: the person applied or applies for the veteran’s pension after 6 March 1995; and
b: the service qualifying that person for a veteran’s pension under section 70(1)(a)
3: Nothing in subsection (2) limits section 70(3)
4: This section is subject to section 80AA 1990 No 26 s 10 Section 73 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 73(4) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 (2007 No 20)
74: Rates of veterans’ pensions
1: The rate of a veteran’s pension is the appropriate rate specified in Schedule 11
2: A person who is married or in a civil union or in a de facto relationship or civil union partner or de facto partner
3: However, an election to receive a veteran’s pension under clause 2 of Schedule 11
a: that or civil union partner or de facto partner
b: the combined income of the person who is married or in a civil union or in a de facto relationship or civil union partner or de facto partner
4: A person who has made an election under subsection (2) may change that election. 1990 No 26 s 11 Section 74 substituted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74(2) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74(3)(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(3)(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74(3)(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74(3)(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74A: Lump sum payments on death
On the death of any person who is ordinarily resident in New Zealand on the date of death and who is in receipt of a veteran’s pension on that date, or on the death of the spouse or civil union partner or de facto partner Schedule 12 , surviving civil union partner or surviving de facto partner 1990 No 26 s 12 Section 74A inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74A amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74A amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74B: Persons formerly receiving certain pensions or allowance entitled to veteran’s pension
1: Despite section 70(1)
2: Subclause (1) is subject to section 70(3) 1990 No 26 s 13 Section 74B inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74BA: Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home
1: This section applies to any person—
a: who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136
b: who is in receipt of a veteran’s pension, or whose spouse or partner is in receipt of a veteran’s pension.
2: A person to whom this section applies is entitled to receive a veteran’s pension at the rate payable to a person who is single—
a: stated in clause 1(a) of Schedule 11 is living alone
b: stated in clause 1(b) of Schedule 11 is not living alone
3: Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person’s spouse or partner under Part 4 Section 74BA inserted 1 July 2006 section 5 War Pensions Amendment Act 2006 Section 74BA(2)(a) amended 2 September 2013 section 20(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74BA(2)(b) amended 2 September 2013 section 20(2) Social Assistance (Living Alone Payments) Amendment Act 2013
74C: Annual adjustment of rates of veterans’ pensions
1: In this section,— CPI earner levy section 219(1) and (2) standard tax M section 24B
2: Subject to subsection (3), the rates of veterans’ pensions specified in clauses 1 and 2(b) of Schedule 11
2A: The adjustments (by any percentage movements upwards in the CPI) required under subsection (2) as at 1 April in any year from 2011 to 2017 (inclusive)
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
3: Every Order in Council made under subsection (2) must adjust the annual rates of the veterans’ pensions so that the weekly amount (before any abatement under section 74D
a: a couple who are married or in a civil union or in a de facto relationship
b: a single person who is living alone section 74D couple who are married or in a civil union or in a de facto relationship
c: a single person who is not living alone section 74D couple who are married or in a civil union or in a de facto relationship
4: Every Order in Council made under subsection (2) must adjust the annual rates of the veterans’ pensions so that the rate of the veteran’s pension specified in clause 2(b) of Schedule 11 section 74D
5: An adjustment under this section must not reduce the weekly amounts payable under this section.
6: Section 61H(3) to (6)
7: Every Order in Council made under subsection (2) comes into force, or is to be deemed to come into force, on 1 April of the calendar year in which it is made, and applies to veterans’ pensions payable on and after that date. 1990 No 26 s 13A Section 74C inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74C(1) standard tax amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 74C(2A) inserted 28 May 2010 section 3 War Pensions Amendment Act 2010 Section 74C(2A) amended 24 October 2012 section 3 War Pensions (Indexation—Budget Measures) Amendment Act 2012 Section 74C(3)(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74C(3)(b) amended 2 September 2013 section 21(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74C(3)(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74C(3)(c) amended 2 September 2013 section 21(2) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74C(3)(c) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74C(3)(c) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74D: Abatement
1: This section applies to any person in receipt of a veteran’s pension who has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: Income Test 3 does not apply to any person to whom this section applies.
3: If a person to whom this section applies receives a veteran’s pension at a rate specified in clause 1 of Schedule 11
a: 30 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $100 $200
b: 70 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $200
4: If a person to whom this section applies receives a veteran’s pension at a rate specified in clause 2 of Schedule 11
a: 30 cents for every $1 of the combined income derived by the person and the person’s spouse or civil union partner or de facto partner $100 $200
b: 70 cents for every $1 of the combined income derived by the person and the person’s spouse or civil union partner or de facto partner $200 Section 74D inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74D(3)(a) amended 27 September 2010 section 5(1) War Pensions Amendment Act (No 2) 2010 Section 74D(3)(a) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(3)(b) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)(a) amended 27 September 2010 section 5(1) War Pensions Amendment Act (No 2) 2010 Section 74D(4)(a) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)(a) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74D(4)(a) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 74D(4)(b) amended 27 September 2010 section 5(2) War Pensions Amendment Act (No 2) 2010 Section 74D(4)(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74D(4)(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Payment overseas of veterans’ pensions Heading inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74E: Effect of absence from New Zealand on veteran’s pension
A person is not entitled to a veteran’s pension while that person is absent from New Zealand, except as provided in sections 74F to section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 1990 No 26 s 17A(1) Section 74E inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74E amended 5 December 2013 section 17(2)(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 74E amended 5 January 2010 section 4 War Pensions Amendment Act 2009
74F: First 26 weeks of certain temporary absences
A veteran’s pension that would otherwise be payable to a person (other than a person who is receiving a veteran's pension overseas under section 74J
a: the person’s absence does not exceed 30 weeks; or
b: the person’s absence exceeds 30 weeks and the Secretary is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person’s control that he or she could not reasonably have foreseen before departure. 1990 No 26 s 17A(2) Section 74F inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74F amended 5 January 2010 section 5 War Pensions Amendment Act 2009
74G: Absences up to 2 years for medical treatment
The Secretary may, in the Secretary’s discretion, pay a veteran’s pension to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her spouse , civil union partner or de facto partner 1990 No 26 s 17A(3) Section 74G inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74G amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74G amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74H: Absences up to
156
1: The Secretary may pay a veteran’s pension to any person who—
a: is otherwise entitled to receive it; and
b: is absent from New Zealand for a period not exceeding 156
c: is engaged, while absent from New Zealand, in full-time voluntary and unpaid humanitarian work for a recognised aid agency that—
i: has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and
ii: has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.
2: The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1). 1990 No 26 s 17A(3A), (3B) Section 74H inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74H heading amended 1 July 2006 section 6(1) War Pensions Amendment Act 2006 Section 74H(1)(b) amended 1 July 2006 section 6(2) War Pensions Amendment Act 2006
74I: Date absence commences
If a person who is absent from New Zealand would have become entitled to a veteran’s pension during his or her absence but for section 74E 1990 No 26 s 17A(4) Section 74I inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74J: Payment overseas of veteran's pension
1: This subsection—
a: applies to a country if it is not a country with whose government New Zealand has a reciprocal agreement or convention, in force under section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 74N(1)
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) applies is entitled to be paid a veteran's pension at the appropriate rate specified in subsection (6)—
a: in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1) applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 74N(1)
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: begins to reside in New Zealand again; or
iii: begins to receive a veteran's pension otherwise than under this section; and
iv: begins to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001
b: in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she—
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: returns to New Zealand.
3: For the purposes only of subsection (2)(b)(ii), a person does not return to New Zealand if—
a: he or she—
i: interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand—
i: begin to receive a veteran's pension otherwise than under this section; or
ii: begin to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001
4: Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2), a person does not cease to be entitled to be paid a veteran's pension under that subsection by reason only of changing his or her intentions after leaving New Zealand.
5: Subsection (4) is for the avoidance of doubt.
6: The rates referred to in subsection (2) are,—
a: for a single person, a rate that is a proportion (calculated under section 74JA(1) clause 1(b) of Schedule 11
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under section 74JA(1)
7: If section 74D section 74JA(1)
8: This section is subject to section 74JB Section 74J substituted 5 January 2010 section 6 War Pensions Amendment Act 2009 Section 74J(1)(a) amended 5 December 2013 section 17(2)(d) Social Welfare (Transitional Provisions) Amendment Act 2013
74JA: Calculation of amount of veteran's pension payable overseas
1: The proportion referred to in sections 74J(6) and (7)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b); and
d: dividing by 540 the total calculated under paragraph (c).
2: In the determination for the purposes of subsection (1) of the periods during which a person has resided in New Zealand, no account is to be taken of—
a: any period of absence from New Zealand of a kind described in section 9(1)
b: any period of absence from New Zealand—
i: while the person was engaged in missionary work (within the meaning of section 10(4)
ii: while the person's spouse or partner was engaged in missionary work (within the meaning of section 10(4)
c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a)
d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a)
3: Subsection (2) applies to a period of absence only if the Secretary is satisfied that during it the person concerned remained ordinarily resident in New Zealand.
4: Subsection (2)(b) applies to a period of absence only if the Secretary is satisfied that the person concerned either was born in New Zealand or—
a: in the case of a person to whom subsection (2)(b)(i) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to engage in the missionary work concerned:
b: in the case of a person to whom subsection (2)(b)(ii) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to accompany or join his or her spouse or partner. Section 74JA inserted 5 January 2010 section 6 War Pensions Amendment Act 2009
74JB: Entitlement
A person is not entitled to be paid a veteran's pension under section 74J
a: has made an application for the payment of a veteran's pension under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
b: is ordinarily resident and present in New Zealand on the day he or she makes the application, and—
i: is entitled to receive a veteran's pension on that day; or
ii: will become entitled to receive a veteran's pension before he or she leaves New Zealand. Section 74JB inserted 5 January 2010 section 6 War Pensions Amendment Act 2009
74K: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 74J
2: The Secretary may accept an application for payment in accordance with section 74J
3: If the Secretary has accepted an application under subsection (2) and, after the applicant left New Zealand, the applicant has been paid any instalment of a veteran’s pension in accordance with sections 74F to 74I 1990 No 26 s 17(3), (5) Section 74K inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74L: Date of commencement of payment overseas
1: The date of commencement of payment overseas of a veteran’s pension under section 74J
2: However, in the case of an application under section 74K
3: Subsection (2) is subject to section 80AA 1990 No 26 s 17(4) Section 74L inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74L(3) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 (2007 No 20)
74M: Relationship with other benefit provisions
1:
2:
3: A person who is receiving a veteran’s pension overseas under section 74J temporary additional support, section 124(1)(d)
4: Despite the provisions of section 80BD section 74J
5: Except as otherwise provided in this section, the provisions of the Social Security Act 1964 (other than sections 69G to 69I , 70 74(1)(a) 75 76 77 82(7) 75A 76 section 74J 1990 No 26 s 17(6)–(9) Section 74M inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74M(1) repealed 5 January 2010 section 7(1) War Pensions Amendment Act 2009 Section 74M(2) repealed 5 January 2010 section 7(1) War Pensions Amendment Act 2009 Section 74M(3) amended 2 September 2013 section 22 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74M(3) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 74M(4) amended 5 January 2010 section 7(3) War Pensions Amendment Act 2009 Section 74M(5) amended 5 January 2010 section 7(4) War Pensions Amendment Act 2009
74N: Specified Pacific country
1: In sections 74O to 74S specified Pacific country
a: that is listed in Schedule 13
b: that is not a country with which New Zealand has a reciprocal agreement in force under section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
2: The Governor-General may, by Order in Council, amend Schedule 13
a: adding the name of any Pacific country or territory; or
b: omitting the former name of a country or territory and substituting its new name.
3: The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.
4: The Order in Council applies to payments of the veteran’s pension under section 74O
5: Section 61H(3) to (6) 1990 No 26 s 17B Section 74N inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74N(1)(b) amended 5 December 2013 section 17(2)(e) Social Welfare (Transitional Provisions) Amendment Act 2013
74O: Entitlement to be paid veteran’s pension in specified Pacific country
1: A person entitled to receive a veteran’s pension is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 74P
2: This subsection applies to a person—
a: who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and
b: who is resident and present in New Zealand on the date of his or her application to be paid a veteran’s pension in a specified Pacific country; and
c: who—
i: is entitled to receive a veteran’s pension on the date of the application; or
ii: will be entitled to receive a veteran’s pension before leaving New Zealand; and
d: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her.
3: This subsection applies to a person—
a: who was, immediately before this section came into force, being paid a veteran’s pension while resident in a specified Pacific country under section 17BA
b: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her. 1990 No 26 s 17BA Section 74O inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74P: Rates of payment of veteran’s pension payable to people resident in specified Pacific countries
1: The rate of veteran’s pension payable under section 74O
a: in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:
b: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula: a × b 20 where—
a: is the base rate
b: is the whole number of years the person has resided in New Zealand since turning 20 years:
c: in the case of a person who is resident in a specified Pacific country and was, immediately before this section came into force, being paid a veteran’s pension under section 17BA
i: the amount he or she was being paid immediately before that date (subject to abatement under section 74D
ii: the appropriate amount payable under paragraph (a) or paragraph (b).
2: For the purposes of this section, the base rate is,—
a: in the case of a single person, the amount stated in clause 1(b) of Schedule 11 section 74D
b: in the case of a person who is married or in a civil union or in a de facto relationship section 74D
3: However, if section 70 1990 No 26 s 17C Section 74P inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74P(2)(b) amended 1 April 2007 section 5 War Pensions Amendment Act 2005 Section 74P(2)(b) amended 26 April 2005 section 3 War Pensions Amendment Act 2005
74Q: Commencement and termination of payments
1: The commencement date of payment of a benefit paid under section 74O
a: in the case of a person to whom section 74O(2)
b: in the case of a person to whom section 74O(3)
2: When a person being paid a benefit under section 74O 1990 No 26 s 17D Section 74Q inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74R: Effect on other benefits
A person being paid a benefit under section 74O
a: any supplementary or special benefit, temporary additional support, section 124(1)(d)
b: 1990 No 26 s 17E Section 74R inserted 15 April 2003 section 8 War Pensions Amendment Act 2003 Section 74R(a) amended 2 September 2013 section 23(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 74R(a) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 74R(b) repealed 2 September 2013 section 23(2) Social Assistance (Living Alone Payments) Amendment Act 2013
74S: Application of this Act and Social Security Act 1964
1: Sections 74E to 74M section 74O
2: The Social Security Act 1964, except sections 74(a) 75 75A 76 77 80 section 74O 1990 No 26 s 17F Section 74S inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74T: Certain former economic pensioners may be paid up to the full rate of veteran’s pension overseas
Despite sections 74(a) 77 sections 74J to 74M 1990 No 26 s 18 Section 74T inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
74U: Living alone payments
Section 74U repealed 2 September 2013 section 24 Social Assistance (Living Alone Payments) Amendment Act 2013
74V: Commencement of living alone payments
Section 74V repealed 2 September 2013 section 24 Social Assistance (Living Alone Payments) Amendment Act 2013
74W: Transitional provision for existing veteran’s pension entitlements
Every person who, immediately before the commencement of this Part, was entitled to receive a veteran’s pension, with or without a living alone payment, under the Social Welfare (Transitional Provisions) Act 1990 Section 74W inserted 15 April 2003 section 8 War Pensions Amendment Act 2003
75: Lump sum payment on death of wife of war veteran
Section 75 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
7: General provisions
75A: War servicemen’s dependants’ allowances
Section 75A repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
75B: Additional pension or allowance for dependent children
Section 75B repealed 1 October 1986 War Pensions Amendment Act (No 3) 1986
75C: Rates of pensions
, lump sum payments,
1: The Governor-General may from time to time, by Order in Council, amend—
a: Schedules 1 2 4 5
ab: Schedule 11 Schedule 12
b: Schedule 9
2: Every Order in Council made under subsection (1) shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to pensions , lump sum payments,
2A: The Order in Council must, for lump sum payments on death, state that it applies in respect of persons who die on or after the date that is specified in the Order in Council.
3: Every Order in Council made under this section and presented to the House of Representatives under section 41
4: Every Order in Council made under this section and presented to the House of Representatives under section 41
5: Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.
6: The validity of any Order in Council made under this section shall not be affected by reason only of the repeal of an Act of Parliament validating and confirming it. Section 75C substituted 19 March 1990 War Pensions Amendment Act 1990 Section 75C heading amended 15 April 2003 section 9(1) War Pensions Amendment Act 2003 Section 75C(1) substituted 2 October 1996 War Pensions Amendment Act 1996 Section 75C(1)(ab) inserted 15 April 2003 section 9(2) War Pensions Amendment Act 2003 Section 75C(1)(ab) amended 1 July 2006 section 8 War Pensions Amendment Act 2006 Section 75C(2) amended 15 April 2003 section 9(3) War Pensions Amendment Act 2003 Section 75C(2A) inserted 15 April 2003 section 9(4) War Pensions Amendment Act 2003 Section 75C(3) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 75C(4) replaced 5 August 2013 section 77(3) Legislation Act 2012
76: Wives and children of Maoris
Section 76 repealed 15 December 2001 section 25 War Pensions Amendment Act 2001
77: Conjugal status for purposes of pension or allowance
For the purposes of any claim for any pension or allowance under this Act, or of reviewing any pension or allowance already granted, or of determining the rate of any pension or allowance, the Secretary may, in the Secretary’s
a:
b:
c: regard as a single person any claimant or pensioner who is married or in a civil union and who is living apart from his or her spouse or civil union partner— and may, in the Secretary’s Section 77 substituted 10 October 1975 War Pensions Amendment Act 1975 Section 77 amended 1 April 1989 War Pensions Amendment Act 1988 Section 77 amended 1 April 1989 War Pensions Amendment Act 1988 Section 77(a) repealed 15 December 2001 section 26 War Pensions Amendment Act 2001 Section 77(b) repealed 15 December 2001 section 26 War Pensions Amendment Act 2001 Section 77(c) substituted 26 April 2005 section 3 War Pensions Amendment Act 2005
78: Money received for military decorations
In computing the rate of any pension or allowance under this Act, the Secretary 1943 No 22 s 70(2) Section 78 amended 1 April 1989 War Pensions Amendment Act 1988
78A: Sick benefits received from friendly society
1: Where a claimant for a pension or allowance under this Act, or the spouse or the partner the Secretary $2
2: If any question arises as to whether any moneys received or receivable are of a like nature to a sick benefit payable by a friendly society it shall be determined by the Secretary Section 78A inserted 13 September 1961 War Pensions Amendment Act 1961 Section 78A(1) amended 15 December 2001 section 27 War Pensions Amendment Act 2001 Section 78A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 78A(2) amended 1 April 1989 War Pensions Amendment Act 1988
78B: Exemption of income from former home property
Section 78B repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
78C: Exemption of income from supplementary assistance
Section 78C repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
79: Personal earnings from domestic service in a private home
Section 79 repealed 14 May 1969 War Pensions Amendment Act 1969
79A: Allowable income of persons who have attained 65 years of age
Section 79A treated as repealed 1 October 1960 War Pensions Amendment Act 1960
80: Limitation of claims by persons entitled to 2 or more pensions for disablement of same person
1: Where a claim for a pension or allowance under this Act is made in respect of the disablement of any person by a claimant who is then in receipt of a pension or allowance granted in New Zealand under this or any other Act in respect of the disablement of the same person, the rate of the pension (if any) that may be granted to the claimant under this Act shall not exceed the difference between the aggregate of the rates of the pensions and allowances that have been already granted to the claimant and the aggregate of the rates of the maximum pensions and allowances that could be granted to the claimant under this Act if all the claims in respect of the disablement of that person had arisen in respect of 1 occasion only and a pension therefor had been payable in accordance with this Act.
2: Except as provided in section 80B the Accident Compensation Act 1982 1943 No 22 s 70(1) Section 80(2) added 14 November 1973 War Pensions Amendment Act 1973
80A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service Section 80A inserted 24 September 1965 War Pensions Amendment Act 1965 Section 80A heading amended 14 November 1973 War Pensions Amendment Act 1973 Section 80A amended 14 November 1973 War Pensions Amendment Act 1973
80B: Special provisions relating to accident compensation
If a person receives or is entitled to receive in respect of himself or his dependants, or if any of his dependants receives or is entitled to receive, compensation under the Accident Compensation Act 1972
a: in the case of a pension in respect of disablement or death which occurs while on service during a war or an emergency, or which is attributable to or aggravated by service in a war or emergency, no account shall be taken of any such compensation:
b: in the case of any other pension or allowance payable under this Act, the Secretary may, in the Secretary’s Section 80B inserted 14 November 1973 War Pensions Amendment Act 1973 Section 80B(b) amended 1 April 1989 War Pensions Amendment Act 1988
81: Rates of pension where overseas pension payable
1: In this section— analogous New Zealand pension the Social Security Act 1964 the Secretary overseas pension
2: Notwithstanding anything to the contrary in this Act, where any person entitled to receive a pension or allowance under this Act or the spouse or partner the Secretary the Secretary , unless the Secretary 1951 No 23 s 21 Section 81(1) analogous New Zealand pension amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(1) analogous New Zealand pension amended 1 April 1965 Social Security Act 1964 Section 81(2) amended 15 December 2001 section 28 War Pensions Amendment Act 2001 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 81(2) amended 14 October 1966 section 4 War Pensions Amendment Act 1966
82: Persons receiving superannuation benefit under Social Security Act not to receive certain war pensions and allowances
Section 82 repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990
83: Death of claimant for pension
Where any claimant for a pension or allowance under this Act dies before the completion by the Secretary of the investigation of the claim, the Secretary shall continue the investigation section 85 Section 83 amended 15 April 2003 section 10 War Pensions Amendment Act 2003 Section 83 amended 1 April 1989 War Pensions Amendment Act 1988
84: Date of commencement of pensions
Except as may be otherwise provided in this Act, all pensions and allowances granted thereunder shall be payable as from a date to be fixed in that behalf by the Secretary 1940 No 24 s 8; 1943 No 22 ss 67, 73 Section 84 amended 1 April 1989 War Pensions Amendment Act 1988
84A: Payment of pensions and allowances
1: Every pension or allowance shall be payable by instalments of such number of weeks’ pension or allowance on such day or date of the month as the Secretary from time to time determines: provided that where a temporary pension at a fixed weekly rate has been granted by the Secretary the Secretary
2: The amount of a weekly instalment of a pension or allowance that is payable at an annual rate shall be ascertained by dividing the annual rate by 52.
3: Except as otherwise provided in this Act, every instalment of a pension or allowance shall be paid in such manner and at such place as may be determined from time to time by the Secretary. Section 84A substituted 16 October 1978 War Pensions Amendment Act 1978 Section 84A(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 84A(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988
85: Disposition of accrued pension unpaid at date of death
1: On the death of any person in receipt of a pension or allowance under this Act, the pension or allowance shall terminate on the date of death.
2: Subject to subsection (3), the amount of any pension or allowance unpaid at the date of death may, in the discretion of the Secretary the Secretary
a: to or for the benefit of the surviving spouse or surviving partner provided that if the deceased is survived by a surviving spouse or surviving partner surviving spouse or surviving partner
b: to or for the benefit of any person who, in the Secretary’s
c: to or for the benefit of any person who, in the Secretary’s
d: to the estate of the deceased:
e: to the War Pensions Medical Research Trust Fund established under section 18I provided that any payment to that Trust Fund shall not be made before the expiry of a period of 6 months after the date of death of the deceased.
3: If an appeal has been made under section 85A Section 85 substituted 1 November 1976 section 5 War Pensions Amendment Act 1976 Section 85(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2)(a) amended 15 December 2001 section 29(a) War Pensions Amendment Act 2001 Section 85(2)(a) proviso amended 15 December 2001 section 29(b) War Pensions Amendment Act 2001 Section 85(2)(b) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85(2)(c) amended 1 April 1989 War Pensions Amendment Act 1988
85A: Appeal against decision of War Pensions Board
1: Any person aggrieved by the decision of the Secretary section 85 (other than a decision made under the proviso to section 85(2)(a)) Secretary’s
a: if the amount of money claimed by the appellant is more than $2,000, to the High Court
b: if the amount of money claimed by the appellant is $2,000 or less, to a District Court in section 85
2:
3: Every appeal under this section shall be by notice of appeal in writing which shall state the grounds of the appeal.
4: Subject to rules of court, every notice of appeal to the High Court
5: Either before or immediately after the lodging of the notice of appeal, the appellant shall deliver or send a copy of it to the Secretary.
6: The Registrar of the court shall give notice of the time and place fixed for the hearing of the appeal to the appellant and to the Secretary. The Secretary, either personally or by his counsel, shall be entitled to be present and to be heard at the hearing of the appeal.
7: On hearing the appeal the court may confirm, modify, or reverse the decision appealed against.
8: The Registrar of the court shall transmit to the Secretary a memorandum of the court’s decision.
9: Every decision of a District Court or High Court Section 85A inserted 12 December 1968 War Pensions Amendment Act 1968 Section 85A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85A(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 85A(1) amended 1 November 1976 section 6(a) War Pensions Amendment Act 1976 Section 85A(1) amended 1 November 1976 section 6(b) War Pensions Amendment Act 1976 Section 85A(1)(a) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 85A(1)(b) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 85A(2) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 85A(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 85A(9) amended 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 85A(9) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
86: Payment of pensions out of New Zealand
1: Except as provided in this section no pension or allowance under this Act shall be paid in respect of any period during which the claimant or the pensioner is not for the time being in New Zealand.
2: Pensions, allowances, and gratuities under this Act, other than allowances and gratuities under Part 6 the Secretary spouse, civil union partner, or surviving spouse or surviving civil union partner
2A:
2B:
2C:
3: Allowances under Part 6 the Secretary
3A:
4: For the purposes of this section, persons in respect of whose disablement or death pensions are granted under section 55 1943 No 22 s 74; 1948 No 78 s 27 Section 86(2) amended 26 April 2005 section 3 War Pensions Amendment Act 2005 Section 86(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 86(2) amended 14 October 1966 section 5(1) War Pensions Amendment Act 1966 Section 86(2A) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(2B) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(2C) repealed 1 April 1990 section 15(4) Social Welfare (Transitional Provisions) Act 1990 Section 86(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 86(3A) repealed 14 October 1966 section 5(2) War Pensions Amendment Act 1966
87: Refusal or forfeiture of pension in respect of imprisonment
1: Notwithstanding anything to the contrary in this Act, the Secretary, in the Secretary’s prison
2: Where any instalment of a pension or allowance that has been granted to any person is forfeited, in whole or in part, under subsection (1), there may, in the discretion of the Secretary the Secretary 1943 No 22 s 75; 1945 No 12 s 4; 1946 No 17 s 7 Section 87 heading amended 10 October 1975 War Pensions Amendment Act 1975 Section 87(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 87(1) amended 1 April 1989 War Pensions Amendment Act 1988 Section 87(1) amended 10 October 1975 War Pensions Amendment Act 1975 Section 87(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 87(2) amended 1 April 1989 War Pensions Amendment Act 1988
87A: Refusal or reduction of pension in certain cases
Where the Secretary spouse or partner Secretary in the Secretary’s the Secretary spouse or partner Section 87A inserted 1 October 1958 War Pensions Amendment Act 1958 Section 87A amended 15 December 2001 section 30 War Pensions Amendment Act 2001 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988 Section 87A amended 1 April 1989 War Pensions Amendment Act 1988
88: Appeals to a Magistrate
Section 88 repealed 10 October 1975 War Pensions Amendment Act 1975
89: Pensions and allowances absolutely inalienable
1: No pension or allowance under this Act shall be capable of being assigned or charged or of passing to any other person by operation of law: provided that nothing herein shall be construed to prevent the Secretary the person’s spouse or partner
2: Every person commits an offence and shall be liable on $100 1943 No 22 s 71 Section 89(1) proviso amended 15 December 2001 section 31 War Pensions Amendment Act 2001 Section 89(1) proviso amended 1 April 1989 War Pensions Amendment Act 1988 Section 89(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
90: Recovery of payments made in error
1: If any pension or allowance under this Act is granted to any person not entitled thereto or if any instalment of any such pension or allowance is paid to any person not entitled to receive the same or is paid in excess of the proper rate, any amount so paid in error may be recovered at the suit of the Secretary, as a debt due to the Crown by the person to whom it was so paid, or the Secretary may make any necessary adjustments in any instalment or instalments of that or any other pension or allowance thereafter becoming payable.
2: Notwithstanding anything to the contrary in this section, the Secretary may, in his discretion, authorise the provisional writing-off of a debt which arose as a result of an error not intentionally contributed to by the debtor if the Secretary is satisfied that the person receiving the amount so paid in error did so in good faith and has so altered his position in reliance on the validity of the payment that it would be inequitable in all the circumstances, including his financial circumstances, to require repayment. 1943 No 22 s 80 Section 90(2) added 14 November 1973 War Pensions Amendment Act 1973
91: Pensions not to be taken into account in assessing compensation or damages
Except as may be otherwise provided in this or any other Act, no account 1943 No 22 s 77 Section 91 amended 14 November 1973 War Pensions Amendment Act 1973
92: Offences
Every person commits an offence against this Act and shall be liable on $200
a: makes any false statement to or otherwise misleads or attempts to mislead an Appeal Board, the Secretary, a national review officer, or a claims panel, or any other officer or person concerned in the administration of this Act; or
b: whether or not he is a claimant for a pension or allowance under this Act, does not faithfully disclose all particulars properly required to be disclosed by him in relation to any claim; or
c: accepts payment of any instalment of any pension or allowance under this Act to which he is not entitled. 1943 No 22 s 78 Section 92 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 92(a) amended 1 April 1989 War Pensions Amendment Act 1988
93: Time for filing charge
Despite anything to the contrary in section 25 Criminal Procedure Act 2011 Section 93 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
94: Money payable out of
Crown Bank Account
1: There shall from time to time be paid out of a Crown Bank Account
a: all money required to be expended in providing pensions and allowances and making other payments under this Act:
b: all expenditure incurred in the administration of this Act:
c: any money that may be appropriated by Parliament for the purpose of granting supplementary assistance under any welfare programme approved by the Minister.
2: Where—
a: pursuant to subsection (1) any payment is made out of a Crown Bank Account
b: the payment was obtained by fraud, or the spouse or partner the Secretary the provisions of sections 26 90 the Secretary Section 94 substituted 13 November 1964 War Pensions Amendment Act 1964 Section 94 heading amended 1 July 1989 section 83(7) Public Finance Act 1989 Section 94(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 94(2) amended 1 April 1989 War Pensions Amendment Act 1988 Section 94(2)(a) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 94(2)(b) amended 15 December 2001 section 32 War Pensions Amendment Act 2001 Section 94(2)(b) amended 1 April 1989 War Pensions Amendment Act 1988
95: Power to extend Parts 4 and 5 to future wars
The Governor-General may, by Order in Council, upon or subject to such conditions as he thinks fit,—
a: extend the provisions of Part 4
b: extend the provisions of Part 5
96: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for the purposes of this Act.
2: Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes:
a: prescribing procedure in respect of claims for pensions and allowances, appeals against the decisions of the Secretary
b: prescribing fees for the medical examination of claimants and pensioners for the purposes of this Act:
c: providing for medical and surgical treatment of members of the New Zealand or any other Commonwealth forces, the mercantile marine of New Zealand or of any other country of the Commonwealth, and the Emergency Reserve Corps; and for the supply of necessary surgical and other appliances and equipment for any such members:
d: providing special accommodation for or grants towards the cost of providing special accommodation and furniture for any such members suffering from pulmonary tuberculosis:
e: providing for funeral grants in respect of any such deceased members:
f: providing for payment of travelling expenses and allowances in respect of any such members undergoing medical or surgical examination or treatment, and for the payment of compensation for wages lost as a result of any such examination or treatment, and, in respect of any such member who is unfit to travel, for the payment of the travelling expenses of his next of kin or other person nominated by him in visiting him in hospital:
g: providing for travelling allowances and concessions in respect of any such disabled members and, in cases where the member is unfit to travel alone, in respect of an escort:
h: contributing by way of grants and interest-free loans towards the cost of purchasing motor vehicles for pensioners suffering from serious disabilities, and towards the cost of fitting special controls to any such vehicles:
i: providing for educational bursaries for children of any such member.
2A: Any regulations made under subsection (2) may be expressed to have come into force before the date on which they were made.
3: 1943 No 22 s 82 Section 96(2)(a) amended 1 April 1989 War Pensions Amendment Act 1988 Section 96(2A) inserted 29 September 1981 section 2(1) War Pensions Amendment Act 1981 Section 96(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
97: Repeals and savings
1: The enactments specified in Schedule 10
2: Without limiting the provisions of the Acts Interpretation Act 1924
3: Notwithstanding anything to the contrary in this Act, where, at the date of the passing of this Act, any person is, by virtue of the provisions of subsections (2) and (3) of section 19 of the War Pensions Amendment Act 1951, in receipt of a pension or allowance to which he would not otherwise be entitled or at a greater rate than that to which he would otherwise be entitled, the Secretary
4: Notwithstanding anything to the contrary in this Act, where, at the date of the passing of this Act, any pension in respect of any child is, by virtue of the provisions of section 5 of the War Pensions Amendment Act 1946, payable at a rate in excess of that provided for in this Act, the Secretary
5: The amendments made to the principal Act by the War Pensions Amendment Act 2001
6: The amendments made to the principal Act by the War Pensions Amendment Act 2001 the surviving spouse’s pension
a: in official forms, computer programs, and other documents; or
b: for the purposes of assessment of eligibility and payment; or
c: for any other official purpose. 1943 No 22 s 83; 1946 No 17 s 5; 1951 No 23 s 19(2), (3) Section 97(3) amended 1 April 1989 War Pensions Amendment Act 1988 Section 97(4) amended 1 April 1989 War Pensions Amendment Act 1988 Section 97(5) added 15 December 2001 section 33 War Pensions Amendment Act 2001 Section 97(6) added 15 December 2001 section 33 War Pensions Amendment Act 2001 |
DLM287386 | 1954 | Reserves and Other Lands Disposal Act 1954 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1954.
2: Closing certain portions of a public road and declaring certain lands to be public road in Block IX, Belmont Survey District, and validating the issue of certain certificates of title
Whereas the area coloured green on the plan lodged in the office of the Chief Surveyor at Wellington under Number 22538 is a road within the meaning of section 110 of the Public Works Act 1928: And whereas portions of the aforesaid area of road were included in certain certificates of title issued for parts of Section 39, Hutt District, situated in Block IX, Belmont Survey District, without first having been closed: And whereas the areas coloured blue, sepia, and orange on the aforesaid plan Number 22538 have been used as a public road without legal authority: And whereas, to put in order the certificates of title which have been issued affecting the lands concerned, it is expedient that the said area of road coloured green on the said plan should be closed as from 1 October 1886, and the said areas coloured blue, sepia, and orange on the said plan should be proclaimed road as from the same date: Be it therefore enacted as follows:
1: The area of road coloured green on the said plan Number 22538 is hereby declared to be and to have been closed and to have formed part of Section 39, Hutt District, situated in Block IX, Belmont Survey District, as from 1 October 1886.
2: The areas coloured blue, sepia, and orange on the said plan Number 22538 are hereby declared to have been proclaimed road as from 1 October 1886.
3: Certificates of title, Volume 57, folio 112, Volume 348, folio 38, Volume 391, folio 72, Volume 507, folio 225, and Volume 517, folio 290, Wellington Registry, are hereby validated and declared to be and to always have been of full force and effect as from the date they were issued.
4: The District Land Registrar of the Land Registration District of Wellington is hereby empowered and directed to make such entries in the register books and in the outstanding certificates of title and to do all such other things as may be necessary to give effect to the provisions of this section.
3: Closing certain portions of a public road and declaring certain lands to be public road in Block XII, Manganui Survey District, and validating the issue of certain leases, certificates of title, and Proclamations
Whereas the areas coloured green on the plan lodged in the office of the Chief Surveyor at Wellington under Number 22910 are roads within the meaning of section 110 of the Public Works Act 1928: And whereas the aforesaid areas of road were included in Sections 6, 8, 11, 12, 13, 15, 16, and 17, Block XII, Manganui Survey District, without first having been closed: And whereas the areas coloured red on the aforesaid plan Number 22910 have been used as a public road without legal authority: And whereas, to put in order instruments which have been issued affecting the lands concerned, it is expedient that the said areas of road coloured green should be closed as from 31 December 1908, and that the said areas coloured red should be proclaimed road as from that date: And whereas certain Proclamations numbered 621 and 3165 have been issued declaring parts of the aforesaid road shown coloured green to be taken for portion of the North Island Main Trunk Railway and for a roadman's cottage, and it is therefore desirable to validate the said Proclamations: Be it therefore enacted as follows:
1: The areas of road coloured green on the said plan Number 22910 is hereby declared to be and to have been closed and to have been included in Sections 6, 8, 11, 12, 13, 15, 16, and 17, Block XII, Manganui Survey District, as from 31 December 1908.
2: The areas coloured red on the said plan Number 22910 are hereby declared to have been proclaimed road as from 31 December 1908.
3: All leases heretofore registered under the Land Transfer Act 1952
4: The District Land Registrar of the Land Registration District of Wellington is hereby empowered and directed to make such entries in the register books, in the outstanding duplicate leases, and in the outstanding certificates of title, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: Special provisions relating to certain reserves in the Borough of Port Chalmers
Whereas by section 34 And whereas the Port Chalmers Borough Council (in this section referred to as the Council And whereas the leases purport to confer certain rights to successive renewals thereof: And whereas the Council has no power to grant leases containing these rights in respect of the said land: And whereas it is expedient that the leases granted by the Council be validated and that the Council be granted additional leasing powers in respect of the said land: And whereas the public library for the Borough of Port Chalmers is now operating in the Council's Municipal Buildings, and it is desirable that any revenue derived from the said land is to be applied by the Council for library purposes only: Be it therefore enacted as follows:
1: All leases in respect of any parts of the land described in subsection (6) granted heretofore by the Council, and all rights of way granted or reserved in connection therewith, are hereby declared to be and to have been valid and binding in all respects and of full force and effect according to their tenor.
2: The registration of all or any of the said leases under the Land Transfer Act 1952
3: The revenue derived from the said land shall be applied by the said Council for library purposes only.
4: Notwithstanding anything to the contrary in any Act or rule of law, the Council shall have, in respect of the land described in subsection (6), all powers of leasing and other powers set forth in sections 157, 158, 159, and 162 of the Municipal Corporations Act 1933
5: The District Land Registrar for the Otago Land Registration District is hereby authorized and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
6: The land to which this section relates is more particularly described as follows: All that area in the Otago Land District and the Borough of Port Chalmers, being— Firstly, all that area containing by admeasurement 1 acre, more or less, being Sections 393, 394, and 395 and part Section 396, Town of Port Chalmers, and being all of the land comprised and described in certificate of title, Volume 233, folio 19, Otago Registry, limited as to parcels and limited in part as to title. Secondly, all that area containing by admeasurement 20 perches, more or less, being Section 405, Town of Port Chalmers.
5: Closing certain portions of a public road and declaring certain lands to be public road in Block IX, Belmont Survey District, and validating the issue of certain certificates of title
Whereas the area coloured green on the plan lodged in the office of the Chief Surveyor at Wellington under Number 23161 is public road within the meaning of section 110 of the Public Works Act 1928: And whereas portions of the aforesaid area of road were included in certain certificates of title issued for parts of Section 36, Hutt District, situated in Block IX, Belmont Survey District, without first having been closed: And whereas the area coloured orange on the aforesaid plan Number 23161 has been used as a public road without legal authority: And whereas, to put in order the certificates of title which have been issued affecting the lands concerned, it is expedient that the said area of road coloured green should be closed as from 6 May 1884, and that the said area coloured orange should be proclaimed road as from the same date: Be it therefore enacted as follows:
1: The area of road coloured green on the said plan Number 23161 is hereby declared to be and to have been closed and to have formed part of Section 36, Hutt District, situated in Block IX, Belmont Survey District, as from 6 May 1884.
2: The area coloured orange on the said plan Number 23161 is hereby declared to have been proclaimed road as from 6 May 1884.
3: Certificates of title, Volume 18, folio 105, Volume 83, folio 150, Volume 233, folio 252, Volume 286, folio 260, Volume 287, folio 116, Volume 373, folio 113, Volume 377, folio 186, Volume 387, folio 21, Volume 491, folio 267, and Volume 497, folio 116, Wellington Registry, are hereby validated and declared to be and to always have been of full force and effect as from the date they were issued.
4: The District Land Registrar of the Land Registration District of Wellington is hereby empowered and directed to make such entries in the register books, and in the outstanding certificates of title, and to do all such other things as may be necessary to give effect to the provisions of this section.
6: Amending section 102 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1920
Whereas section 102 Corporation And whereas the said section 102 And whereas it is desirable to have the affairs of the club controlled solely by the South Taranaki Returned Services' Association (Incorporated): And whereas the Corporation has agreed to the club's affairs being so controlled, and it is desirable to make provision accordingly: Be it therefore enacted as follows: Section 102
4: The affairs of the club shall be controlled by the South Taranaki Returned Services' Association (Incorporated).
7: Vesting State forest land in the Corporation of the City of Wellington for water supply and other purposes
Whereas the land firstly described in subsection (3) is portion of an area reserved for the growth and preservation of timber by notice published in the Gazette Gazette And whereas the lands firstly and secondly described are State forest land within the meaning of the Forests Act 1949 And whereas the lands so described adjoin land vested in the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation And whereas the Corporation desires the said lands firstly and secondly described in subsection (3) to be vested in it for the purposes prescribed in the said Act: And whereas it is desirable and expedient to make provision accordingly: Be it therefore enacted as follows:
1: The lands described in subsection (3) shall cease to be State forest land within the meaning of the Forests Act 1949
2: The District Land Registrar for the Land Registration District of Wellington is hereby empowered and directed, on application being made to him in that behalf, and on payment of the appropriate fees, to issue such certificate of title and to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The lands to which this section relates are more particularly described as follows: All those areas in the Wellington Land District, Hutt County, being— Firstly, Section 2, Block X, Rimutaka Survey District, and Section 3, Block XVII, Belmont Survey District, containing together by admeasurement 89 acres 1 rood and 17 perches, more or less (SO Plan 23106). Secondly, Section 2, Block XVII, Belmont Survey District, containing by admeasurement 286 acres 2 roods and 34 perches, more or less (SO Plan 23106). As the same are more particularly delineated on the plan marked L and S 22/3404 deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.
8: Declaring lands subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948
Whereas the lands described in subsection (2) are set apart as permanent State forest land under the Forests Act 1949 And whereas it is desirable that they should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The setting apart of the lands described in subsection (2) as permanent State forest is hereby revoked and the said lands are hereby declared to be Crown land subject to the Land Act 1948
2: The lands to which this section relates are particularly described as follows: Firstly, all that area in the North Auckland Land District, Mangonui County, containing by admeasurement 115 acres 2 roods 35 perches and three-tenths of a perch, more or less, being parts of Section 5, Block VI, Mangonui Survey District: as the same is more particularly delineated on the plan marked L and S X/91/39A deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Auckland SO Plan 38525). Secondly, all that area in the North Auckland Land District, Hokianga County, containing by admeasurement 71 acres 1 rood and 20 perches, more or less, being part of Section 1, Block IV, Mangamuka Survey District, and being part of the land proclaimed as permanent State forest by a Proclamation published in the Gazette Thirdly, all that area in the North Auckland Land District, Whangarei County, containing by admeasurement 41 acres 3 roods and 20 perches, more or less, being parts of Allotment 64, Hikurangi Parish, Block V, Purua Survey District, and being part of the land comprised and described in certificate of title, Volume 528, folio 164, Auckland Registry: as the same is more particularly delineated on the plan marked L and S X/91/46, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Auckland SO Plan 38135). Fourthly, all that area in the North Auckland Land District, Bay of Islands County, containing by admeasurement 30 perches and four-tenths of a perch, more or less, being formerly part of Whakanekeneke 1B Block, situated in Block VI, Omapere Survey District, and being all of the land proclaimed as permanent State forest by a Proclamation published in the Gazette Fifthly, all that area in the Southland Land District, Wallace County, containing by admeasurement 54 acres 2 roods and 35 perches, more or less, being Section 198 (formerly part of Section 7), Block XII, Waiau Survey District, and being part of the land comprised and described in certificate of title, Volume 135, folio 105, Southland Registry: as the same is more particularly delineated on the plan marked L and S 36/318 deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Southland SO Plan 6108). Sixthly, all that area in the Southland Land District, Wallace County, containing by admeasurement 431 acres 2 roods and 30 perches, more or less, being Sections 200, 201, and 202 (formerly part of Section 7), Block XII, Waiau Survey District, and being part of the land comprised and described in certificate of title, Volume 135, folio 105, Southland Registry: as the same is more particularly delineated on the plan marked L and S 36/318A deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Southland SO Plans 6150 and 6173). Seventhly, all that area in the Southland Land District, Wallace County, containing by admeasurement 724 acres and 25 perches and seven-tenths of a perch, more or less, being Section 204R and part of Sections 13, 18, 96, 177, 204, and 277, Block XII, Wairio Survey District, and being part of the land comprised and described in certificate of title, Volume 158, folio 245, Southland Registry: as the same is more particularly delineated on the plan marked L and S X/101/35 deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Southland SO Plan 6186).
9: Cancelling the vesting as an endowment over certain lands and revesting those lands in the Corporation of the Borough of Cromwell in trust for municipal and recreation purposes and as a site for a bridge
Whereas the lands firstly, secondly, and thirdly described in subsection (7) were granted to the Superintendent of the Province of Otago in trust for certain purposes: And whereas by transfer numbered 9919 registered in the Land Registry Office at Dunedin on 4 July 1881, the said lands, together with certain other lands, were, pursuant to section 352 of the Municipal Corporations Act 1876, transferred from Her Majesty to the Mayor, Councillors, and Burgesses of the Borough of Cromwell (in this section referred to as the Corporation And whereas the said section 352 provided that any land so transferred be vested for the same purposes for which the land was held at the date of the passing of the said Act: And whereas the lands firstly described in subsection (7) were originally held in trust for municipal purposes for the Municipal Corporation of the Town of Cromwell, the lands secondly described in the said subsection in trust for the purposes of public recreation for the Town of Cromwell and its inhabitants, and the land thirdly described in the said subsection in trust as a site for a bridge at Cromwell: And whereas the lands have always been regarded as having been held in trust for the purposes above mentioned, and it is therefore desired to vest them in trust for those purposes: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the vesting in the Corporation of the lands firstly, secondly, and thirdly described in subsection (7) is hereby cancelled.
2: The lands firstly described in subsection (7) are hereby vested in the Corporation for municipal purposes to be held subject to the Municipal Corporations Act 1933
3: The lands secondly described in subsection (7) are hereby vested in the Corporation in trust for the purposes of public recreation.
4: The land thirdly described in subsection (7) is hereby vested in the Corporation as a site for a bridge.
5: Nothing in this section shall be deemed to affect the validity of any dealing with any part of the said land in accordance with the terms under which it was held prior to the commencement of this Act.
6: The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
7: The lands to which this section relates are particularly described as follows: All those areas in the Otago Land District and in the Borough of Cromwell, being— Firstly, all those areas containing together by admeasurement 8 acres 1 rood 36 perches and seven-tenths of a perch, more or less, and being Sections 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12, Block VIII, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14, Block XXXIX, and Sections 4 and 13, Block LXVII, and Sections 1 and 2, Block LXIII, and Sections 3, 4, 5, 6, 7, 11, 12, and 14, Block XXXV, and all of Block LXXXVIII, Town of Cromwell, being all the land comprised and described in certificates of title, Volume 52, folios 269, 270, 272, 274, and 280, and the balance of the land comprised and described in certificates of title, Volume 52, folios 271 and 279, Otago Registry. Secondly, all those areas containing together by admeasurement 31 acres 3 roods and 5 perches, more or less, and being all of Block IX, and Section 1, Block XV, Town of Cromwell, being all the land comprised and described in certificates of title, Volume 46, folios 34 and 60, Otago Registry. Thirdly, all that area containing by admeasurement 1 acre and 16 perches, more or less, and being Bridge Reserve, Town of Cromwell, being all the land comprised and described in certificate of title, Volume 46, folio 22, Otago Registry.
10: Special provisions relating to Queen Elizabeth Park
Section 10 repealed 19 July 1990 section 41(a) Conservation Law Reform Act 1990
11: Conferring special leasing powers on the Canterbury Education Board
Whereas the land described in subsection (4) is vested in the Education Board of the District of Canterbury (in this section referred to as the Board And whereas the land has been occupied by the Waimairi Beach Golf Club (Incorporated) (in this section referred to as the club And whereas it is desirable that the club should be granted a lease of the said land and that the Minister of Education (in this section referred to as the Minister Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Education Lands Act 1949
2: Any such lease may confer on the lessee a right of renewal either for a fixed term or in perpetuity as the Minister in his discretion approves.
3: The District Land Registrar for the Land Registration District of Canterbury is hereby authorized and empowered to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The land to which this section relates is more particularly described as follows: All that area in the Canterbury Land District, Waimairi County, being part of Reserve 1579 and part of Rural Section 16034, situated in Block VIII, Christchurch Survey District, containing by admeasurement 114 acres 2 roods and 27 perches and six-tenths of a perch, more or less, and being all of the land comprised and described in certificate of title, Volume 608, folio 58, Canterbury Registry.
12: Vesting certain land in the Chairman, Councillors and inhabitants of the County of Ashburton for county buildings and amenities for the Town of Rakaia subject to the Reserves and Domains Act 1953
Whereas by a Warrant issued pursuant to section 35 said land And whereas the said land is now vested in the Chairman, Councillors, and inhabitants of the County of Ashburton (in this section referred to as the Corporation And whereas the Corporation desires the said land to be vested in it as a reserve for county buildings and amenities for the Town of Rakaia subject to the Reserves and Domains Act 1953: And whereas it is desirable to make provision accordingly: Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby declared to be no longer held by the Corporation for an estate in fee simple in trust, without power of sale or lease, for plantation purposes, and is hereby declared to be vested in the Corporation for an estate in fee simple as a reserve for county buildings and amenities for the Town of Rakaia subject to the Reserves and Domains Act 1953.
2: The District Land Registrar for the Canterbury Land Registration District is hereby authorized and directed to cancel certificate of title, Volume 200, folio 15, Canterbury Registry, as to the said land, and is hereby authorized and directed to issue a new certificate of title for the said land in the name of the Corporation as a reserve for county buildings and amenities for the Town of Rakaia subject to the Reserves and Domains Act 1953
3: The land to which this section relates is more particularly described as follows: All that area in the Canterbury Land District, Ashburton County, containing by admeasurement 1 acre, more or less, being Reserve 1671, situated in the Town of Rakaia, and being part of the land comprised in certificate of title, Volume 200, folio 15, Canterbury Registry: as the same is more particularly delineated on the plan marked L and S 41948 deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.
13: Conferring special leasing powers on the Whangarei High School Board
Whereas the land described in subsection (4) is vested in the Whangarei High School Board (in this section referred to as the Board And whereas the said land has been used for some years by the Whangarei Rugby Football Union (Incorporated) (in this section referred to as the Union And whereas the land is not required by the Board for High School buildings and it is desirable that it be leased to the Union so that it may be developed for recreational purposes subject to certain rights of user retained to the Board: And whereas it is desirable that the Board be authorized to enter into a lease with the Union, subject to the retention of the aforesaid rights of user, on such terms as the Minister of Education (in this section referred to as the Minister Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Education Lands Act 1949 provided that any lease granted under this subsection shall, notwithstanding any rule of law to the contrary, contain a covenant reserving to the Board and to the staff and pupils of the Whangarei High School the right to use without charge the playing fields and adjoining areas on the leased land on all days from Monday to Friday, inclusive, and on such other days as may be required.
2: Any lease granted under subsection (1) may confer on the lessee a right of renewal, either for a term of years or in perpetuity, as the Minister in his discretion may approve.
3: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to accept such instruments or other documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District, Borough of Whangarei, situated in Block XII, Purua Survey District, and containing by admeasurement 18 acres 3 roods and 30 perches, more or less, being part of Allotment 1 of the Parish of Whangarei, and being part of the land comprised and described in certificate of title, Volume 523, folio 258, Auckland Registry (limited as to parcels and title): as the same is more particularly delineated on the plan marked L and S 13/276/2, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (SO Plan 38483).
14: Conferring certain powers on the trustees of the late James Gammack
Whereas the lands described in subsection (3) are vested in the trustees for the time being of the will of James Gammack, late of Springston in the Provincial District of Canterbury, farmer, deceased, but without power of sale: And whereas the trustees desire to sell and dispose of the said lands and invest the proceeds arising from the sale in trust for the beneficiaries of the said will: And whereas it is expedient that provision be made in that behalf: Be it therefore enacted as follows:
1: The trustees for the time being of the will of the said James Gammack, deceased, may, with the consent of the beneficiaries interested in the lands, and with the approval of the Commissioner of Crown Lands for the Canterbury Land District, sell the lands described in subsection (3) and invest the proceeds of any such sales for the benefit of the beneficiaries under the said will.
2: Subject to the consent of the said beneficiaries, and to the approval of the said Commissioner, any such lands may be sold either in 1 lot or in several lots, by public auction or by private contract, upon such terms as to payment of purchase money and subject to such stipulations as to title or otherwise as the aforesaid trustees shall think fit with power for the said trustees to buy in any of the said lands or to rescind or vary contracts for sale and to resell without responsibility for loss.
3: The lands to which this section relates are particularly described as follows: All that area situated in Block VIII, Leeston Survey District, containing by admeasurement 1 acre 1 rood 20 perches and three-tenths of a perch, more or less, being Lots 1, 2, 3, 4, and 5 on the plan lodged in the Land Registry Office at Christchurch under Number 17600, being part of Rural Section Number 3043 and being part of the land comprised and described in certificate of title, Volume 515, folio 16, Canterbury Registry.
15: Effecting an exchange between Her Majesty and the Corporation of the City of Wanganui in respect of certain land in Wanganui County
Whereas pursuant to the authority of section 350 of the Municipal Corporations Act 1876 the land firstly described in subsection (4), together with certain other land, was vested for an estate in fee simple in the Corporation of the Borough of Wanganui, now the City of Wanganui (in this section referred to as the Corporation And whereas the land secondly described in subsection (4) is portion of provisional State forest land set apart by Proclamation published in the Gazette Forests Act 1949 And whereas it is desirable for the better working and administration of the lands firstly and secondly described in the said subsection that the land firstly described should be exchanged for the land secondly described: Be it therefore enacted as follows:
1: The vesting of the land firstly described in subsection (4) in the Corporation is hereby cancelled and that land is hereby declared to be vested in Her Majesty the Queen as provisional State forest land under and subject to the Forests Act 1949
2: The reservation as provisional State forest land over the land secondly described in subsection (4) is hereby revoked and that land is hereby vested in the Corporation for an estate in fee simple in trust as an endowment in aid of the Wanganui City funds.
3: The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The land to which this section relates is more particularly described as follows: All those areas in the Wellington Land District, Wanganui County, being— Firstly, all that area containing by admeasurement 92 acres, more or less, being Lot 1 on the plan deposited in the Land Registry Office at Wellington under Number 17639, being part of Section 1, Block VI, Mangawhero Survey District, and being part of the land comprised and described in certificate of title, Volume 43, folio 213, Wellington Registry. Secondly, all that area containing by admeasurement 127 acres 3 roods and 20 perches, more or less, being Lot 2 on the plan deposited in the Land Registry Office at Wellington under Number 17639, and being part of Section 4, Block VI, Mangawhero Survey District.
16: Declaring certain endowment lands vested in the University of Otago to be Crown land subject to the Land Act 1948, making provision for the payment of certain moneys to the University and Dunedin Athenaeum, and validating certain payments made to the Athenaeum
Whereas the lands described in subsection (7) (in this section referred to as the said lands University Athenaeum And whereas the said lands are administered by the Crown on behalf of the University: And whereas it has been agreed between the University and Her Majesty that the said lands be resumed as Crown land and that certain money be paid for the interests of the University and the Athenaeum in the said lands: And whereas it is desirable to declare the said lands Crown land subject to the Land Act 1948 And whereas section 5 And whereas on renewal of the leases over the said lands the rentals have been reduced and the reduction is retrospective to the expiry date of the said leases without account being taken of any statutory extensions: And whereas the lessees of the said lands have accordingly accumulated certain rental credits and the revenue from the endowment has temporarily ceased: And whereas it is desirable that any such revenue should continue and that certain payments made to the Athenaeum (representing rentals received from the expired leases), should be validated: Be it therefore enacted as follows:
1: Subject to the provisions of subsection (2), the lands described in subsection (7) are hereby declared to be no longer vested in the University in trust as endowments for the Otago Museum and the Athenaeum and are hereby declared to be Crown land under and subject to the provisions of the Land Act 1948
2: In full satisfaction of the interests of the University and the Athenaeum in the lands described in subsection (7), the Minister of Lands is hereby authorized to pay to the University out of the Land Settlement Account, from money appropriated for the acquisition of land and interests therein, the sum of 19,260 pounds to be held in trust to apply the income therefrom to and for the maintenance of the Otago Museum, and the said Minister is hereby further authorized to pay to the Athenaeum out of the said Account the sum of 2,140 pounds to be held in trust to apply the income therefrom to and for the general purposes of the Athenaeum.
3: The Minister of Lands is also hereby authorized to pay to the University and to the Athenaeum, out of the appropriation referred to in subsection (2), interest at the rate of 4% per annum on the sums referred to in subsection (2) from 1 March 1953 to the date of payment of the said sums.
4: Notwithstanding anything to the contrary in the Otago Museum Act 1877
5: Sections 3 to 7 Otago Museum Act 1877
6: The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.
7: The lands to which this section relates are particularly described as follows: All those areas in the Taieri County, Otago Land District, containing by estimation 10 980 acres, more or less, being Sections 1524R and 1525R, Block VI, Silverpeak Survey District, and Runs 520 and 521 situated in Blocks XI and XII, Nenthorn Survey District, and Block VI, Silverpeak Survey District, together with all roadlines and riverbank reserves intersecting or adjoining Runs 520 and 521 (formerly described as parts of Runs numbered 20 and 77 on the map of the North Eastern Pastoral District, deposited in the Survey Office, Dunedin): as the same are more particularly delineated on the plan marked L and S 22/4955/1 deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (SO Plan 11767). |
DLM287740 | 1954 | Maori Vested Lands Administration Act 1954 | 1: Short Title
This Act may be cited as the Maori Vested Lands Administration Act 1954.
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— capital value former lease former lessee improvements improvements effected by the lessee Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 the Land Valuation Tribunal the Tribunal lessee new lease Part 2 subsisting lease unimproved value Valuation Court High Court Land Valuation Proceedings Act 1948 value of improvements vested land
2: Where any work done or material used on or for the benefit of vested land by the Crown or by any statutory public body has been paid for by way of direct contribution from the owner or the lessee of the land, the increase in the value of the land shall not exceed the amount of the direct contribution aforesaid, and the onus of proving the amount of the contribution shall be upon the owner or the lessee, as the case may require. Section 2(1) Land Valuation Tribunal Tribunal inserted 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 2(1) Valuation Court replaced 1 April 1969 section 15 Land Valuation Proceedings Amendment Act 1968 Section 2(1) Valuation Court amended 15 August 1991 section 3(5) Judicature Amendment Act 1991
3: Application of this Act
1: All land which immediately prior to the commencement of this Act was vested in the Maori Trustee subject to the provisions of Part 14 or Part 15 of the Maori Land Act 1931
2: On the commencement of this Act, all vested land shall cease to be subject to any trusts theretofore applying to the land, and the land shall be administered and dealt with in accordance with the provisions of this Act.
4: Vested land to be held in trust for owners
All vested land shall be held by the Māori Trustee Section 4 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
4A: Alienation powers of equitable owners
1: The equitable owner of a freehold interest in vested land shall have power to deal with the interest in any of the following ways:
a: he may dispose of the interest by will:
b: he may sell the interest to the Māori Trustee section 41A section 128 of the Maori Affairs Amendment Act 1967
c:
d: he may agree to the vesting of the interest by order of the court under section 213 of the Maori Affairs Act 1953
i: in accordance with the provisions of subsection (4) of the said section 213; or
ii: to any other person having a beneficial freehold interest in the same land; or
iii: to his spouse, civil union partner, de facto partner, provided that for the purposes of this paragraph the illegitimacy of any person shall not be deemed to affect the natural blood relationship subsisting between him and any other person:
e: he may assign the interest by way of security in accordance with the provisions of section 4B section 151 of the Maori Affairs Amendment Act 1967
f: he may exercise in respect of the interest a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 61
2: For the purposes of subsection (1) the term equitable owner Māori Trustee
3: Except as provided in this section, the equitable owner of a beneficial freehold interest in reserved land shall have no power to deal with his interest. Section 4A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 4A(1)(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 4A(1)(c) repealed 10 October 1975 section 9(c) Maori Purposes Act 1975 Section 4A(1)(d)(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4A(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
4B: Security over vested land
1: An assignment by way of security of the equitable and beneficial freehold interest in vested land of any person may be effected by the registration in the Maori Land Court of a memorial of assignment in the prescribed form, executed by the owner of the interest as assignor.
2: On production of any such memorial and payment of the prescribed fee, the Registrar of the Maori Land Court shall register the same by making a note thereof in the court's records of equitable ownership of the vested land concerned.
3: The assignment of any interest as aforesaid shall vest in the assignee the right to receive during the currency of the assignment any money payable by the Māori Trustee
4: On written application by the assignee, and on payment of the prescribed fee, the Registrar shall cancel the entry in the court's records relating to any such assignment.
5: On application by the assignor, and on being satisfied that the obligation secured by the assignment has been duly met, the court shall direct the Registrar to cancel the entry relating to the assignment.
6: On application by the assignee, the court may by order vest in the assignee absolutely the assigned interest or such part of it as in the court's opinion is sufficient to discharge the obligation of the assignor to the assignee. Before making any order under this subsection, the court shall be satisfied as follows:
a: that reasonable notice of the hearing of the application has been given to the assignor or his representative; and
b: that notice requiring the assignor to remedy any default in meeting his obligation secured by the assignment and intimating an intention to proceed under this subsection failing remedy of the default by a date not less than 2 months after the date when the notice was served on the assignor or his representative, and the default has not been remedied.
7: The court may, with or without conditions, waive any requirement under subsection (6) for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown. Section 4B inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 4B(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
2: Rights in respect of subsisting leases
Compensation for improvements
5: Subsisting leases conferring right to compensation to be read subject to this Act
All subsisting leases conferring on the lessee the right to compensation for improvements shall be read and construed subject to the provisions of this Act.
6: Provisions in leases as to improvements
1: Subject to the provisions of this Act, every subsisting lease which confers on the lessee a right to compensation for improvements shall be deemed to confer on him a right to compensation for all improvements effected by the lessee: provided that the value of the improvements shall be ascertained in accordance with the provisions of this Act and not otherwise.
2: Nothing in this Part relating to any subsisting lease shall—
a: confer on any lessee a right to compensation for improvements where no such right is conferred by his lease:
b: nullify or affect any provision of any lease to the effect that an improvement of any particular kind or class is an improvement for which the lessee is not entitled to compensation or for which compensation shall not be paid:
c: confer on the lessee, where his lease contains any provision restricting the total amount of compensation to which the lessee shall be entitled, or a provision to the effect that the compensation shall not exceed a certain amount per acre, a right to a greater amount of compensation than that provided for in the lease:
d: nullify or affect any direction or order given or made by the Court of Review constituted under the Mortgagors and Lessees Rehabilitation Act 1936
7: Certain renewal leases to confer same compensation rights as original leases
Subject to any express provision in that behalf contained therein, any subsisting lease which purports to be a renewal of a lease granted under the Maori Lands Administration Act 1900 shall, subject to the provisions of this Act, confer on the lessee the same rights to compensation for improvements as were conferred upon the lessee by the lease purporting to be renewed.
8: Māori Trustee
1: Nothing in this Act shall be so construed as to limit or affect the right of the Māori Trustee Māori Trustee
2: Where any subsisting lease is subject to a mortgage, no arrangement or agreement for the settlement or discharge of the lessee's rights shall be made under this section without the consent of the mortgagee.
3: Nothing in this Act shall prejudicially affect any negotiations in progress at the commencement thereof for the sale and purchase of any vested land, and any such negotiations may be continued and completed as if this Act had not been passed. Section 8 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 8(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
9: Agreements for preservation of existing rights
1: Notwithstanding the provisions of this Act, any lessee holding under any subsisting lease which contains a provision conferring on him a right to compensation for improvements may, if his lease expires at any time before 1 April 1955 give notice in writing to the Maori Trustee at any time before 1 March 1955 to the effect that he elects to have his rights determined in accordance with the terms of his lease.
2: Any lessee holding under any such subsisting lease which expires after 31 March 1955 may give notice in writing to the Maori Trustee to the like effect at any time within 3 months prior to the date of the expiration of his lease: provided that the lessee shall not be required to give any notice under this subsection before 1 March 1955.
3: The Maori Trustee may, within the time prescribed in subsection (1) or subsection (2), as the case may require, give notice in writing to the lessee holding under any such subsisting lease that he requires the rights of the lessee to be determined in accordance with the terms of his lease.
4: Within 2 months after the date of the receipt by the Maori Trustee of any notice given to him by the lessee under subsection (1) or subsection (2), or within 2 months after the date of the receipt by the lessee of any notice given by the Maori Trustee under subsection (3), the Maori Trustee or the lessee shall, by notice in writing to the lessee or to the Maori Trustee, as the case may require, indicate whether or not he is agreeable to a determination of the lessee's rights in accordance with the terms of the lease. If the Maori Trustee or the lessee, as the case may require, fails to give notice in accordance with the provisions of this subsection within the time limited in that behalf, he shall be deemed to have agreed to a determination of the lessee's rights in accordance with the terms of his lease.
5: If, in accordance with the provisions of this section, the Maori Trustee and the lessee agree to a determination of the lessee's rights in accordance with his lease, the lessee's right to compensation shall be deemed to be extinguished unless within 6 months after the date of the expiration of his lease, or within such extended period, not exceeding 6 months, as the Maori Land Court may allow, the lessee has applied to the Maori Land Court for an order charging the amount of any unpaid compensation on the land and for the appointment of a receiver for the purpose of enforcing the charge.
6: The Maori Land Court shall have jurisdiction to make a charging order and to appoint a receiver under subsection (5) of this section, and the provisions of section 33 of the Maori Affairs Act 1953
7: Where, pursuant to the foregoing provisions of this section, the Maori Trustee and the lessee agree to a determination of the lessee's rights in accordance with his lease, any appointment of a valuer, arbitrator, or umpire theretofore made, or any valuation or arbitration theretofore completed or undertaken, or any order made by the Maori Land Court creating a charge on the land for the value of improvements or appointing a receiver, shall, notwithstanding that the lease may have been extended by statute or otherwise, and notwithstanding that the appointment, valuation, arbitration, or order was made before the commencement of this Act, subsist for the purpose for which it was made unless the Maori Trustee and the lessee otherwise agree. Where the Maori Trustee and the lessee otherwise agree, the appointment, valuation, arbitration, or order, as the case may require, shall become null and void, and the Maori Land Court, on application made to it in that behalf, may cancel any order made by it in the premises.
8: Before giving any notice to any lessee under subsection (3) or before making, under section 8
9: Where any subsisting lease is subject to a mortgage, no agreement for the determination of the lessee's rights in accordance with the terms of his lease shall be made under this section without the consent of the mortgagee.
10: Land Valuation Tribunal Where in respect of any subsisting lease any dispute arises between the lessee and the Māori Trustee Māori Trustee Land Valuation Tribunal that Tribunal Section 10 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 10 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 10 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Special valuations
11: Application for special valuation
1: The Valuer-General, on the application of the Māori Trustee
2: The Valuer-General, on the application of the Māori Trustee
3: Any application to the Valuer-General under this section shall set forth the name of the lessee, the area of the land comprised in the lease, a description of the land comprised in the lease, a description of any improvements in respect of which the lessee is not entitled to compensation under this Act, and the date of the expiry of the lease. Section 11(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 11(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
12: Valuation certificates to be prepared
1: On the completion of a special valuation under section 11
a: the name of the lessee:
b: the area of the land comprised in the lease, and a description of the land sufficient to identify it:
c: the total value of any improvements in respect of which the lessee is not entitled to compensation under this Act:
d: the total value of all other improvements in existence on the land:
e: the unimproved value of the land:
f: the capital value of the land:
g: the date of the expiry of the lease.
2: Every certificate prepared by the Valuer-General in accordance with the provisions of this section shall show on its face that it has been made for the purpose of this section.
13: General provisions as to valuations
1: In determining the capital value or the unimproved value of any land for the purposes of a special valuation under this Part, the Valuer-General shall proceed as if the land were not subject to any lease, or to the right of any person to obtain a lease thereof, but otherwise, and subject to the provisions of this Act, the Valuer-General shall proceed as if he were determining the values under the Valuation of Land Act 1951
2: In respect of any such special valuation, the sum of the amount of the unimproved value and the amount of the value of improvements shall always be equal to the amount of the capital value, and, in ascertaining the unimproved value or the value of improvements, the Valuer-General shall always relate those values to the capital value.
3: The fee fixed by the Valuer-General for making any special valuation as aforesaid shall be paid by the Māori Trustee Māori Trustee Section 13(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
14: Notice of valuations and rights of objection thereto
1: As soon as practicable after making any special valuation under section 11 Māori Trustee section 12 Māori Trustee
2: The Māori Trustee District Court
3: In every notice given by the Māori Trustee Māori Trustee District Court
4: If the lessee or the Māori Trustee Māori Trustee District Court
5: Every objection filed as aforesaid shall specify the several items to which the objection relates, and, with respect to each item, shall specify the grounds of the objection.
6: On the filing of any such objection by the lessee, the Registrar of the court shall forthwith give to the Māori Trustee Māori Trustee
7: For the purposes of this section, the expression appropriate office of the District Court section 2 Section 14(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(7) replaced 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 14(7) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
14A: Special valuations made on or after 1 July 1998
1: This section applies on and after 1 July 1998 to any case where—
a: this Act or any lease to which this Act applies requires or provides for any special valuation to be made; and
b: the Valuer-General has not made the valuation concerned before 1 July 1998;— and sections 11 to 14
2: In the case of any special valuation under this Act to which this section applies, the valuation is to be made not by the Valuer-General but by a registered valuer chosen in accordance with the following provisions:
a: the Māori Trustee section 70
i: nominate a registered valuer to conduct the valuation; and
ii: notify the lessee in writing of the name of the registered valuer:
b: if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation:
c: if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 14A inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 14A(2)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Resumption of land or grant of new lease
15: Notice to be given to lessee as to resumption of land, or requiring an election by lessee
1: If no objection is made to the special valuation within the period fixed by the Māori Trustee Māori Trustee
a: requiring the lessee, on a date to be specified in the notice, being a date not earlier than 1 year after the date of the notice, to deliver possession of the land comprised in the lease on terms that the Māori Trustee section 12
b: requiring the lessee, within 2 months after the date of the notice, to elect either to take a new lease of the land on the terms prescribed in that behalf by this Act or to have a new lease of the land submitted to public competition by public tender in accordance with the provisions of this Act.
2: The Māori Trustee Māori Trustee Section 15(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15(1)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
16: Lessee to have limited right to occupy land, notwithstanding expiry of lease
1: Until the date fixed by the Māori Trustee section 15
2: Subject to the provisions of subsection (1), no lessee of land comprised in a subsisting lease shall remain in occupation of the land after the expiry of his lease, notwithstanding any provision of his lease conferring on him a right to hold over. Section 16(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 16(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
17: On delivery of possession,
Māori Trustee Where the Māori Trustee paragraph (a) of subsection (1) of section 15 Māori Trustee section 18 section 12 Section 17 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 17 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
18: Deduction for destroyed or depreciated improvements
Where, after the expiry of a subsisting lease and before delivery of possession of the land, any of the improvements for which the lessee is entitled to compensation have been destroyed or appreciably damaged or depreciated, or any other improvements on the land have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed, or, as the case may be, the cost of repairing and restoring any improvements so damaged or depreciated, shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Section 18 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 18 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
19: Special provisions as to leases the terms of which have been extended by statute
1: The provisions of this section shall apply with respect to any subsisting lease the term whereof has been extended by virtue of the provisions of section 13 section 8 of the Maori Purposes Act 1950 section 9 section 6 section 29
2: Where the rent payable at the commencement of the term of any lease to which this section applies was reduced under the National Expenditure Adjustment Act 1932 Mortgagors and Lessees Rehabilitation Act 1936 Māori Trustee Māori Trustee
3: The date for the commencement of any new lease granted to the lessee holding under any lease to which this section applies shall be 1 July 1954.
4: Any such new lease granted as aforesaid may be registered under the Land Transfer Act 1952
5: The term of Lease Number 22716, Wellington Registry, affecting that portion of the Ohotu Number 8 Block containing 1 967 acres, more or less, and known as Sections 3, 4, and 5, Block IX, Karioi Survey District, shall, notwithstanding that the lease has expired, be deemed to have been extended by the provisions referred to in subsection (1), and the lease aforesaid shall, for the purposes of this Act, be deemed to be a subsisting lease. Section 19(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
20: Lessee to pay for lessor's improvements when electing to take new lease
In requiring a lessee to make the election referred to in paragraph (b) of subsection (1) of section 15 Māori Trustee Māori Trustee section 12 Section 20 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
21: Term of new lease
Every new lease shall be for a term of 21 years, and every such lease shall contain a provision that if the Māori Trustee Māori Trustee Māori Trustee Māori Trustee's Section 21 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
22: Minimum annual rent
1: For the purposes of this Act, the expression minimum annual rent minimum annual rent
2: For the purposes of this section, the expression rent reserved at the commencement of the term
3: Where for the purposes of this Act it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Māori Trustee Māori Trustee Section 22(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
23: Annual rent where minimum rent reduced because of uncontrollable deterioration
Where, pursuant to the provisions of section 50 Land Valuation Tribunal section 22 Land Valuation Tribunal Section 23 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
24: Rent under new lease
1: Subject to the provisions of this Act, the annual rent payable under any new lease shall be:
a: for the first 10 years of the term, a sum equal to 5% of the unimproved value of the land as shown by the certificate of valuation prepared under section 12 provided that where the provisions of section 23
b: for the next 11 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by the Valuer-General, as at the end of the aforesaid period of 10 years: provided that the annual rent for the aforesaid period of 11 years shall not be less than the annual rent fixed at the commencement of the lease.
2: The annual rent payable under any lease which is a renewal of a new lease shall be:
a: for the first 10 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by a registered valuer provided that the annual rent for the aforesaid period of 10 years shall not be less than the annual rent fixed in respect of the preceding term of 11 years of the expired lease:
b: for the next 11 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by a registered valuer provided that the annual rent for the said period of 11 years shall not be less than the annual rent fixed at the commencement of the renewed term. Section 24(2)(a) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 24(2)(b) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
25: Valuations for revision of rent
1: Upon the making of any special valuation for the purposes of section 24 a registered valuer sections 12 to 14A
2: Any objection to any such valuation shall be heard and determined in manner hereinafter provided. Section 25(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
26: Lessee may require
Māori Trustee
1: Where the lessee has elected to take a new lease, in accordance with paragraph (b) of subsection (1) of section 15 Māori Trustee Māori Trustee Māori Trustee Land Valuation Tribunal section 50
2: If within the period in which he has been required to elect to take a new lease the lessee has not required the Māori Trustee Section 26 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 26(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
27: Provision as to compensation for improvements
1: Every new lease and every renewal thereof shall contain a provision to the effect that, due notice of his intention to resume possession of the land having been given by the Māori Trustee section 21 a registered valuer
2: The provisions of section 18 Section 27(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
28: Valuations for purposes of determining compensation
Every valuation made for the purposes of section 27 section 11 sections 12 to 14A Section 28 amended 1 July 1998 section 54(1) Rating Valuations Act 1998
29: Reservation of rights to timber trees
1: Every new lease may, in the discretion of the Māori Trustee
2: Nothing in any new lease reserving rights in respect of timber or timber trees shall apply to any timber trees planted by the lessee or by any former lessee or to any timber derived from timber trees so planted.
3: Notwithstanding the provisions of this Act, or of any new lease, the Māori Trustee
4: Every new lease in which any rights in respect of timber or timber trees are reserved to the Māori Trustee Māori Trustee Māori Trustee
5: Notwithstanding that in any new lease or renewal thereof the Māori Trustee Māori Trustee
6: Nothing in this section, or in any reservation contained in any new lease, shall be so construed as to prevent the Māori Trustee Māori Trustee Section 29(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 29(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 29(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 29(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 29(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
30: Assignment of leases
1: Every new lease, and every renewal thereof, shall contain a provision to the effect that where the lessee desires to assign his lease, whether in whole or in part, he shall first offer to surrender the lease, in whole or in part, to the Māori Trustee Māori Trustee Māori Trustee
2: Nothing in any provision in any lease under subsection (1) shall apply to any assignment as between spouses , or between civil union partners or de facto partners, Section 30(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 30(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 30(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
31: Form of new lease
1: Every new lease shall be in the form prescribed in Schedule 1 provided that the form may, in the discretion of the Māori Trustee
2: Every new lease shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against any prior lease of the vested land concerned to the lessee to whom a new lease is granted and, notwithstanding anything contained in the Land Transfer Act 1952
3: Nothing in the Land Settlement Promotion and Land Acquisition section 32 section 33 Section 31(1) proviso amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 31(3) amended 19 December 1968 Land Settlement Promotion and Land Acquisition Amendment Act 1968
32: Procedure where lessee does not accept new lease or renewal of a lease
1: Where the lessee elects not to accept a new lease or fails to execute a memorandum of lease within 1 month after the memorandum is tendered to him for the purpose, the right to a new lease of the land shall, as soon as practicable, be submitted to public competition by public tender, subject to the following terms and conditions:
a: the upset rent shall be the rent at which a new lease was offered to the lessee:
b: the amount of the upset rent, and the value of improvements as fixed by the special valuation under section 11
c: the outgoing lessee shall be entitled to tender:
d: the highest tender (being not less than the upset rent) shall be accepted:
e: the successful tenderer, not being the outgoing lessee, shall, within 7 days after notice has been given to him that he has been declared the purchaser of the aforesaid right, pay to the Māori Trustee
f: except in cases where the outgoing lessee is the purchaser, the Māori Trustee
g: except in cases where the outgoing lessee is the purchaser, if any of the said improvements have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed or, as the case may be, the cost of repairing or restoring any improvements so damaged or depreciated shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Māori Trustee Māori Trustee
2: Where the lessee holding under a new lease, or under a renewal of a new lease, elects not to take a renewal of his lease or a further renewal thereof, the Māori Trustee a registered valuer sections 33 34
3: In respect of any valuation made for the purposes of subsection (2) there shall subsist a right of objection and the provisions of section 14 Section 32(1)(e) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 32(1)(f) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 32(1)(g) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 32(1)(g) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 32(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 32(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
33: Procedure where right to new lease not purchased
1: If the right to a new lease is not purchased under section 32 Māori Trustee Māori Trustee Māori Trustee section 32
2: Where a right to a new lease has been submitted to public competition by public tender under this section, and the amount received by the Māori Trustee Māori Trustee section 32 Section 33(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
34: Date of commencement of new lease when offered for public competition
In offering for public competition the right to a new lease, the Māori Trustee Section 34 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Jurisdiction of Land Valuation Tribunal Heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
35: Commencement of proceedings under section 10
1: Every proceeding in the Land Valuation Tribunal section 10 appropriate office of the District Court section 2
2: Every such notice of motion shall be accompanied by a statement of the material facts, specifying those relied upon by the party giving the notice of motion and setting forth the nature of the declaration sought from the Land Valuation Tribunal Section 35(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 35(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 35(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
36: Service of notices
A duplicate of the notice of motion and of the statement required by section 35 Māori Trustee Māori Trustee Section 36 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
37: Statements in answer
1: The party upon whom notice of motion is served shall, within 2 months from the date upon which the notice was served on him, lodge with the District Court
2: Every such statement filed in answer shall be verified in manner prescribed by subsection (2) of section 35 Section 37(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 37(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
38: Evidence as to other matters to be brought only by leave
No party to any proceedings aforesaid shall, except with the leave of the Land Valuation Tribunal the Land Valuation Tribunal Section 38 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
39: Proceedings to be determined by
Land Valuation Tribunal All such proceedings shall be heard and determined by the Land Valuation Tribunal Section 39 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 39 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
40: Proceedings in relation to destroyed or damaged improvements
1: Any proceeding brought under section 18 section 32 Tribunal Tribunal
2: Any such proceeding shall be commenced by the filing of a notice of motion by the Māori Trustee Māori Trustee Māori Trustee subsection (2) of section 35 Section 40(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 40(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
41: Objections to valuations to be determined by
Land Valuation Tribunal All objections to valuations made pursuant to any of the provisions of this Act shall be heard and determined in the Land Valuation Tribunal Section 41 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 41 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
42: Hearing and determinations of objections
1: In hearing and determining any objection, the Land Valuation Tribunal Valuation of Land Act 1951
2: If on the hearing of any objection, the Land Valuation Tribunal Section 42(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 42(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
43: Notification of amendments
The Registrar of the District Court the registered valuer who conducted the valuation Māori Trustee Tribunal Tribunal Māori Trustee section 44 Tribunal Section 43 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 43 amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 43 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 43 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
44: Appeal to Land Valuation Court from
Tribunal
1: Within 2 months after the date of the receipt of the notice given under section 43 Māori Trustee Tribunal
2: Every such appeal shall be by way of rehearing. Section 44 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 44(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 44(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
45: Appeals by notice of motion
1: Every appeal to the Valuation Court shall be brought by notice of motion filed in the office of the District Court
2: Where the appeal is from part only of the Tribunal's Section 45(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 45(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
46: Service of notice of motion
A copy of the notice of motion shall be served by the lessee on the Māori Trustee Māori Trustee Māori Trustee the registered valuer who conducted the valuation Section 46 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 46 amended 1 July 1998 section 54(1) Rating Valuations Act 1998
47: Cross appeals
1: It shall not be necessary for the Māori Trustee Māori Trustee Tribunal
2: The omission to give any such notice within a reasonable time shall not diminish the powers of the Valuation Court, but may, at the discretion of the court, be a ground for the adjournment of the appeal or for a special order as to costs. Section 47(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 47(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
48: Chairman of
Tribunal
1: Upon the filing of a notice of motion on appeal under this Act, the Chairman of the Land Valuation Tribunal Tribunal Tribunal's
2: A copy of any report so prepared shall be transmitted by the Registrar of the Valuation Court to the Māori Trustee the registered valuer who conducted the valuation Section 48 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 48(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 48(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 48(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
49: Court may confirm determination or make alterations in valuation
1: On the hearing of any appeal under this Act, the Valuation Court may confirm the determination appealed against or may make such alterations in the valuation as it thinks proper.
2: Where the Valuation Court makes any alteration in a valuation, it shall make all such consequential amendments as are necessary for the purpose of fixing the capital and unimproved values and the value of improvements.
3: The provisions of section 43 Māori Trustee Section 49(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
50: Determination as to uncontrollable deterioration
1: Any reference of any question to the Valuation Court made under section 26 Māori Trustee
2: Every such application shall be heard and determined by the Land Valuation Tribunal, and the Tribunal
3: For the purpose of any determination under this section, the Land Valuation Tribunal the Land Valuation Tribunal provided that, in fixing the amount to represent the deterioration in the quality of the land, the Land Valuation Tribunal
4: In any proceedings under this section, the onus of proving that the quality of the land has deteriorated through causes not reasonably within the control of the lessee or any former lessee, and the extent of that deterioration, shall be on the lessee. Section 50(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 50(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 50(3) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 50(3) proviso amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
51: Costs
The Land Valuation Tribunal Section 51 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
52: Ordinary practice and procedure to apply
Subject to the foregoing provisions of this Act, the practice and procedure of the Land Valuation Tribunal Land Valuation Proceedings Section 52 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 52 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
53: Valuer-General's right of audience
1: In any proceedings commenced before 1 July 1998 and Land Valuation Tribunal
2: Any expenses incurred by the Valuer-General in respect of any proceedings under this Act in the Land Valuation Tribunal Section 53(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 53(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
54: Land Valuation Court to have exclusive jurisdiction
Subject to the provisions of this Act, no proceedings in respect of any matter, provision for the hearing and determination of which is made by this Act, shall be brought otherwise than before a Land Valuation Tribunal section 18 Land Valuation Proceedings Act 1948 Section 54 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 54 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
3: Miscellaneous
55: Disposition of rent paid to
Māori
1: The rent payable under any lease granted by the Māori Trustee Māori Trustee
2: Where any such lease contains any provision for the payment of compensation for improvements, the Māori Trustee Māori Trustee section 20 section 26
3: The disposition, by operation of law or otherwise, of the interest of the owner of any undivided share in the land in respect of which a fund to provide for the payment to the lessee of compensation for improvements is held by the Māori Trustee Section 55 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(3) inserted 1 December 1961 section 18 Maori Purposes Act 1961 Section 55(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
56: Money for payment of compensation
1: Any compensation payable to the lessee under his lease and the provisions of this Act shall be paid by the Māori Trustee section 55
2: If the money so arising exceeds the amount payable to the lessee, the Māori Trustee
3: If the money arising as aforesaid or money otherwise available is insufficient to pay the lessee the amount to which he is entitled, the Māori Trustee Māori Trustee Māori Trustee section 49
4: For the purposes of paying compensation for improvements in accordance with this Act or any lease granted thereunder, the Māori Trustee Section 56(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
57: Provisions of this Act to apply to leases of certain other lands
1: The provisions of this Act shall extend and apply to any lease containing provision for the payment of compensation for improvements and which is subsisting at the commencement of this Act in respect of land which was subject to the provisions of Part 14 or Part 15 of the Maori Land Act 1931 or the corresponding provisions of any former Act, but which has been revested in the beneficial owners thereof.
2: The provisions of this Act shall extend and apply to any lease containing provision for the payment of compensation for improvements which was granted in accordance with the provisions of Part 16 of the Maori Land Act 1931, or the corresponding provisions of any former Act, and which is subsisting at the commencement of this Act.
58: Māori Trustee In respect of any land which is subject to any lease to which section 57 Māori Trustee Māori Trustee Māori Trustee's Section 58 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 58 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
59: Contiguous lands held in 1 farm
1: The provisions of this section shall apply in any case where any lessee holds land under 2 or more subsisting leases.
2: Where the Māori Trustee Māori Trustee
3: For the purposes of this section lands shall be deemed to be contiguous notwithstanding that they are separated by a road, street, railway, river, or stream. Section 59(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
60: Māori Trustee Where any land which is subject to this Act is not subject to any lease or licence, the Māori Trustee Section 60 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 60 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
61: Māori Trustee
1: Notwithstanding the provisions of this Act, but subject to subsection (2), the Māori Trustee Māori Trustee
2: Where any vested land is subject to a lease, no sale to a person other than the lessee shall be effected by the Māori Trustee Māori Trustee
3: The provisions of subsection (2) shall extend and apply to the sale of any vested land which is subject to a lease and which is, pursuant to the provisions of section 70
4: Subject to the provisions of subsection (2), any sale by the Māori Trustee Māori Trustee
5: Where any such sale is effected in pursuance of a resolution of the assembled owners, all the provisions of Part 23 of the Maori Affairs Act 1953 shall with the necessary modifications, apply thereto.
6: Nothing in this section shall be so construed as to take away or affect the right of the assembled owners under Part 23 of the Maori Affairs Act 1953 to pass in respect of any vested land any resolution authorised by that Part. Section 61 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 61(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 61(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 61(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
61A: Sale of vested land to lessees
Section 61A repealed 10 October 1975 section 9(c) Maori Purposes Act 1975
62: Māori Trustee Notwithstanding anything to the contrary in this Act, the Māori Trustee Section 62 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 62 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
63: Māori Trustee
1: Subject to the terms of any lease affecting the land, the Māori Trustee
2: Every such licence shall be for such period not exceeding, together with any renewal to which the licensee is entitled, a term of 10 years, and may be granted on such conditions and in consideration of such payments by way of royalty or otherwise, as the Māori Trustee Māori Trustee
3: Any such licence may be granted either by way of public auction or public tender or by way of private contract. Section 63 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 63(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 63(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
64: Māori
1: Instead of leasing any vested land, the Māori Trustee
2: All revenue derived from any such farming operations conducted by the Māori Trustee Māori Trustee Māori Trustee Māori Trustee
3: All expenses and liabilities incurred by the Māori Trustee Māori Trustee Māori Trustee
4: The Māori Trustee subsection (3)
5: The Māori Trustee Māori Trustee
6: With the consent of the Board of Maori Affairs, the Māori Trustee Māori Trustee Māori Trustee section 49 Section 64 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(5) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(6) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
65: Māori Trustee For the purpose of acquiring land for any road which is required in connection with any vested land, the Māori Trustee Section 65 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 65 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
66: Record of improvements
1: Where any lessee makes, or proposes to make, any improvements in respect of which he will be entitled to compensation in terms of his lease, he shall be entitled, on application to the Māori Trustee Māori Trustee
2: Every record made under this section shall be retained by the Māori Trustee Section 66(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
67: Māori Trustee The Māori Trustee Section 67 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 67 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
68: Costs of lease or licence
The costs of the preparation, execution, stamping, and registration of every lease or licence under this Act shall be borne and paid by the lessee or licensee, as the case may be.
69: Service of notices
1: Any notice that may be required to be given to any person for the purposes of this Act may be given by delivering it to him personally or may be given by sending it to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered.
2: Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the notice in manner aforesaid on that agent.
3: Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person.
70: Revesting of land subject to this Act
1: Upon application by the Māori Trustee Māori Trustee Māori Trustee
2: The Maori Land Court may partition the land among the owners for the purpose of giving effect to any such revesting.
3: The District Land Registrar may register any order made by the Maori Land Court under subsection (1) against the relative title without requiring the production of the outstanding certificate of title, and may cancel the certificate of title for the land as to the whole or a part, as the case may require, and issue a new certificate of title for the estate and to the persons named in the order of the Maori Land Court, subject to any existing valid leases, licences, mortgages, or charges.
4: If, when any such order is received by the District Land Registrar, the title to the land affected has not already been registered, the order shall be embodied in the provisional register as a folium thereof, and all the provisions of the Land Transfer Act 1952 provided that if any instrument granted by the Māori Trustee Māori Trustee
5: Where the land to which any such order relates is affected by any instrument of alienation executed by the Māori Trustee Māori Trustee Māori Trustee
6: Subject to the provisions of subsection (5), the rights, duties, and obligations of the Māori Trustee Māori Trustee Section 70(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 70(4) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 70(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 70(6) inserted 27 November 1970 section 17 Maori Purposes Act 1970 Section 70(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
71: Former lessee not relieved of liability for breaches of covenant
Nothing in this Act or in any lease granted under this Act shall relieve the lessee of any liability in respect of the breach of any of the terms, covenants, and conditions of any subsisting lease, and the Māori Trustee Section 71 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
72: Land subject to Part 16 of Maori Land Act 1931 no longer so subject
1: All land which, immediately prior to the commencement of this Act, is subject to the provisions of Part 16 of the Maori Land Act 1931 shall, on the commencement of this Act, cease to be so subject, and the District Land Registrar is hereby authorised and directed to cancel any memorial on any certificate of title to the effect that the land comprised therein is subject to the said Part 16 or the corresponding provisions of any former Act.
2: The rights, powers, functions, and duties conferred on the Maori Trustee by any lease shall not be affected by reason of the land to which the lease relates ceasing, under the provisions of subsection (1), to be subject to Part 16 of the Maori Land Act 1931.
73: Protection of leases of Otiranui Nos 2 and 3
Nothing in Parts 1 2
74: Validation of leases granted by former Maori Land Boards
All leases hitherto granted by any former Maori Land Board in respect of any land which became vested in it under Part 14 or Part 15 of the Maori Land Act 1931, or the corresponding provisions of any former enactment shall, notwithstanding the terms of the lease or the terms of any trust instrument, be deemed for all purposes to have been lawfully and validly granted.
75: Restrictions on removal of timber by lessees
No lessee under any lease to which section 19 Māori Trustee provided that nothing in this section shall be construed to prevent or restrict any lessee, during the subsistence of his lease, from cutting or removing, or authorising the cutting or removal of any timber trees planted by the lessee or by any former lessee, or of any timber derived from any timber trees so planted. Section 75 replaced 28 October 1955 section 11(1) Maori Purposes Act 1955 Section 75 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
76: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may be contemplated by this Act or as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3
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 76(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(2) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
77: Repeals
The enactments specified in Schedule 2 |
DLM288364 | 1954 | Finance Act 1954 | 1: Short Title
This Act may be cited as the Finance Act 1954.
1: Public revenues and loans
2: Authorizing Minister of Finance to acquire shares in company formed for production of heavy water and geothermal energy
Section 2 repealed 1 April 1978 Public Finance Act 1977
3: Joint Loan Agents for loans raised in United Kingdom
Section 3 repealed 1 April 1978 Public Finance Act 1977
4: Validating general increase of salaries of Government servants
1: Notwithstanding anything to the contrary in the Public Service Act 1912 or in any other enactment, and without limiting any other powers in that behalf, it is hereby declared that there may be paid from money appropriated by Parliament for the payment of salaries and of allowances in the nature of salaries to persons employed by the Crown amounts by way of increase of salary from 14 September 1953, which shall not exceed in any case the sum of 62 pounds 8 shillings a year.
2: This section shall be deemed to have come into force on 15 September 1953.
5: Valuation of sports grounds for land tax purposes
Section 5 repealed 27 November 1970 Valuation of Land Amendment Act 1970
6: Compensation in connection with outbreak of scrapie disease
Section 6 repealed 16 November 1967 Animals Act 1967
7: Salaries of Judges of Supreme Court
Section 7 repealed 26 October 1956 Judicature Amendment Act 1956
8: Salary of additional Judge of Court of Arbitration
Section 8 repealed 1 November 1954 Industrial Conciliation and Arbitration Act 1954
9: Salary of Judge of Land Valuation Court
Section 9 repealed 26 October 1956 Land Valuation Court Amendment Act 1956
10: Salary of Judge of Compensation Court
Section 10 repealed 1 April 1957 Workers' Compensation Act 1956
11: Salary of Local Government Appeal Authority
Section 11 repealed 1 January 1962 Local Government Commission Act 1961
12: Salaries of Magistrates
Section 12 repealed 26 October 1956 District Courts Amendment Act 1956
13: Salaries of Judges of Maori Land Court
1: Notwithstanding anything in section 21 of the Maori Affairs Act 1953, there shall be paid out of the Consolidated Fund, without further appropriation than this section,—
a: to the Chief Judge of the Maori Land Court, a salary at the rate of 1,800 pounds a year:
b: to each other Judge of the Maori Land Court, a salary at the rate of 1,700 pounds a year.
2: This section shall continue in force until money is first appropriated by Parliament after the passing of this Act for the purpose of paying the salaries of the persons referred to in this section, and shall then expire.
3: Amendment(s) incorporated in the Act(s)
14: Salary of Controller and Auditor-General
Section 14 repealed 26 October 1956 Public Revenues Amendment Act 1956
15: Amending provisions as to Electric Supply Account
Section 15 repealed 17 December 1968 Electricity Act 1968
2: Customs Acts amendment
Part 2 repealed 1 July 1974 Sales Tax Act 1974 Customs Heading repealed 1 July 1962 Customs Acts Amendment Act 1961
16: Articles imported in parts
Section 16 repealed 1 July 1962 Customs Acts Amendment Act 1961
17: Alteration of Tariff as to passengers' baggage and effects
Section 17 repealed 1 July 1962 Customs Acts Amendment Act 1961 Sales tax Heading repealed 1 July 1974 Sales Tax Act 1974
18: Additional exemptions from sales tax
Section 18 repealed 1 July 1974 Sales Tax Act 1974
3: Social security and war pensions
Social security Heading repealed 24 October 1957 Income Tax Assessment Act 1957
19: Liability for social security charge of companies engaged in mining for gold, etc
Section 19 repealed 24 October 1957 Income Tax Assessment Act 1957 War pensions
20: Validating increases in war pensions and allowances from 15 September 1953
1: Notwithstanding anything to the contrary in the War Pensions Act 1943 or the War Pensions and Allowances (Mercantile Marine) Act 1940, a War Pensions Board may, in its discretion and in accordance with any general or special directions of the Minister of Defence, in respect of any period commencing not earlier than 15 September 1953 and ending before the date of the commencement of the War Pensions Act 1954, increase the rate of any war pension or allowance by not more than 15 shillings a week in the case of any pension or 1 pound a week in the case of any allowance.
2: In determining any application for an increase under this section a War Pensions Board may take into account such factors of economic significance (including any bonus received by the applicant from the Consolidated Fund) as it thinks fit.
3: This section shall be deemed to have come into force on 15 September 1953.
4: Cinematograph films
Part 4 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
21: This Part to be read with Cinematograph Films Act 1928
Section 21 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
22: Inland Revenue Act
Section 22 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986 Income tax Heading repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
23: Assessment of film renters for income tax
Section 23 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986 Social security charge Heading repealed 24 October 1957 Income Tax Assessment Act 1957
24: Assessment of film renters for social security charge
Section 24 repealed 24 October 1957 Income Tax Assessment Act 1957 Film hire tax Heading repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
25: Calculation of net receipts for assessment of film hire tax
Section 25 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
26: Quarterly returns of receipts by licensed renters
Section 26 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
27: Dates for payment of film hire tax
Section 27 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
28: Application of amendments as to film hire tax
Section 28 repealed 1 October 1986 section 4(1) Taxation Acts Repeal Act 1986
5: Local authorities and public bodies
29: Majority required to carry proposal to raise a special loan
Section 29 repealed 1 April 1957 Local Authorities Loans Act 1956
30: Empowering certain local authorities to expend money in connection with the Southland centennial celebrations
It shall be lawful and be deemed to have been lawful for any local authority or public body whose district lies wholly or partly within the boundaries of the Southland Land District to expend money out of its general fund or account towards celebrating and commemorating the 100th anniversary of the settlement of Southland, and in connection with the establishment of a centennial memorial or centennial memorials, and to make grants to the body known as the Southland Centennial Association Incorporated for any such purpose.
31: Validating excess overdrafts of local authorities as result of wage increase
Notwithstanding anything to the contrary in the Local Bodies' Finance Act 1921–22, it shall be deemed to be and to have been lawful for any local authority within the meaning of that Act to owe as at the last day of its financial year that was current on 19 November 1953, in excess of the limits prescribed by that Act, a sum not exceeding the total of all money expended by the local authority during that financial year to meet increases in salary or wages or under any contract entered into before 19 November 1953, which are directly attributable to the general wage order made on that date by the Court of Arbitration under the Economic Stabilization Regulations 1953.
6: Miscellaneous
32: Salary and superannuation rights of F W Ongley, Esquire, former Judge of Compensation Court
Whereas Frederick William Ongley, Esquire, former Judge of the Compensation Court, retired from that office on 31 December 1951: And whereas under the Compensation Court Regulations 1940 he was during his tenure of office entitled to the same salary as the Judge of the Court of Arbitration: And whereas on 6 December 1951 the salary of the Judge of the Court of Arbitration was increased by 350 pounds a year to 2,600 pounds a year and it is desirable that the salary of the said Frederick William Ongley should be increased to that amount as from that date to the date of his retirement and that his superannuation be increased consequentially: Be it therefore enacted as follows:
1: There shall be paid to the said Frederick William Ongley out of the Consolidated Fund, without further appropriation than this section, as an addition to the salary paid to him as the Judge of the Compensation Court in respect of the period that commenced on 6 December 1951 and ended with 31 December 1951, an amount calculated at the rate of 350 pounds a year.
2: For the purpose of determining the rights of the said Frederick William Ongley to a superannuation allowance on his retirement from that office, the amount of his annual salary at the time of his retirement shall be deemed to have been 2,600 pounds a year.
33: Superannuation rights of W F Stilwell, Esquire, additional Judge of Court of Arbitration
Whereas Wilfred Fosberrey Stilwell, Esquire, an additional Judge of the Court of Arbitration, was appointed to his present office as from 4 November 1949: And whereas he had held office as a Deputy Judge of that court from 28 April 1948 to the date of his appointment as an additional Judge of that court: And whereas it is desirable that the period during which he held office as a Deputy Judge shall for superannuation purposes be deemed to be service as an additional Judge of that court: Be it therefore enacted as follows: For the purpose of determining the rights of the said Judge to a superannuation allowance on his retirement from his present office, the period for which he has held his present office as an additional Judge of the Court of Arbitration shall be deemed to have commenced on 28 April 1948.
34: Public Trustee to administer the Nelson Rifle Prize Fund
Section 34 repealed 1 April 1972 Defence Act 1971
35: Breach of extension orders under Agricultural Workers Act 1936
Section 35 repealed 1 June 1963 Agricultural Workers Act 1962
36: Land Transfer (Foreign Governments) Act 1945 repealed
Amendment(s) incorporated in the Act(s)
37: Repeal of Iron and Steel Industry Act 1937 and amendments
The following enactments are hereby repealed, namely:
a: the Iron and Steel Industry Act 1937:
b)–(h: Amendment(s) incorporated in the Act(s)
38: Armed Forces Canteen Council may acquire land and buildings for council purposes
Amendment(s) incorporated in the Act(s)
39: Validating grant by New Zealand Meat Producers Board to widow of the late J J Evans
The payment made out of its funds during the financial year of the board that ended with 30 June 1954, by the New Zealand Meat Producers Board, established under the Meat Export Control Act 1921–22, as a compassionate allowance to the widow of Joseph John Evans, deceased, former General Manager of the board, is hereby validated and declared to have been lawfully made.
40: New Zealand Meat Producers Board may make advances and give guarantees to societies engaged in meat export business
Section 40 repealed 19 October 1978 Meat Export Control Amendment Act 1978 |
DLM113923 | 2001 | New Zealand Superannuation and Retirement Income Act 2001 | 1: Title
This Act is the New Zealand Superannuation and Retirement Income Section 1 amended 21 April 2005 section 5(2) New Zealand Superannuation and Retirement Income Amendment Act 2005
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: Sections 42 to 45
3: Purpose
The purpose of this Act is—
a: to continue current entitlements to New Zealand superannuation:
b: to establish a New Zealand Superannuation Fund (the Fund
c: to provide for Government contributions to the Fund:
d: to establish a Crown entity called the Guardians of New Zealand Superannuation, which will manage and administer the Fund and the Venture Capital Fund established under the Venture Capital Fund Act 2019
e: to establish a process for signalling political agreement on the parameters for New Zealand superannuation entitlements and funding:
f: to bring together in one Act all of the provisions for each of those matters. Section 3(b) amended 14 December 2019 section 4(1) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 3(d) replaced 14 December 2019 section 4(2) New Zealand Superannuation and Retirement Income Amendment Act 2019
4: Interpretation of Part 1 and Schedule 1
1: In Part 1 Schedule 1 charitable entity Charities Act 2005 chief executive department Part 1 living alone section 4A New Zealand superannuation Part 1 single living alone rate Schedule 1 single sharing accommodation rate Schedule 1
2: In this Act, unless the context otherwise requires, any expression used in Part 1 Schedule 1 the Social Security Act 2018 Residential Care and Disability Support Services Act 2018 Section 4(1) charitable entity inserted 9 November 2020 section 4 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 4(1) living alone inserted 2 September 2013 section 4 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 4(1) single living alone rate inserted 2 September 2013 section 4 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 4(1) single sharing accommodation rate inserted 2 September 2013 section 4 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 4(2) amended 26 November 2018 section 459 Social Security Act 2018
4AA: Relationship of Part 1 and Schedule 1 with Social Security Act 2018
The Social Security Act 2018 Section 4AA inserted 9 November 2020 section 5 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
4A: Meaning of living alone
1: A single person ( person A living alone
2: The first condition is that person A occupies any of the following kinds of accommodation as person A’s principal residence:
a: a house or flat:
b: a boat or craft moored within the following sea or waters (whether or not it travels within that sea or any of those waters from time to time):
i: the territorial sea of New Zealand or any internal waters of New Zealand:
ii: any waters within New Zealand that are a lake, estuary, lagoon, river, stream, creek, or other waters:
c: a hotel room or motel unit:
d: a room in a boarding house:
e: a unit of accommodation in a caravan park:
f: a mobile home (whether or not it is in a caravan park and whether or not it travels from time to time) that the chief executive is satisfied is sufficiently self-contained to be reasonably habitable as a residence:
g: any other accommodation of a kind prescribed by regulations made under section 35A(1)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5) applies.
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in Schedule 2
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6:
7: In this section,— boarding house section 66B territorial sea of New Zealand internal waters of New Zealand Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 4A inserted 2 September 2013 section 5 Social Assistance (Living Alone Payments) Amendment Act 2013 Section 4A(2) replaced 9 November 2020 section 6(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 4A(4)(a)(i) amended 26 November 2018 section 459 Social Security Act 2018 Section 4A(6) repealed 9 November 2020 section 6(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 4A(7) territorial sea of New Zealand internal waters of New Zealand territorial sea of New Zealand internal waters amended 9 November 2020 section 6(3) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
5: Interpretation of Parts 2 and 3 and Schedule 3
1: In Parts 2 3 Schedule 3 board board member capital contribution section 43 section 44 section 46 custodian section 63(1) entity Fund section 37 Guardians section 48 invest
a: enhancing or protecting the value of the Fund:
b: managing, or enabling the management of, the Fund Minister Parts 2 3 net cost any amount of tax deducted or withheld, or required to be deducted or withheld under the PAYE rules in the Income Tax Act 2007 New Zealand superannuation
a: means the entitlements to New Zealand superannuation under Part 1
b: includes, for the avoidance of doubt in Part 2 Schedule 3 Part 1 section 380 required annual capital contribution section 43 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 5 VCF section 8
2: In this Act, unless the context otherwise requires, the terms Crown Crown Bank Account expenses financial year Government public money Treasury section 2(1) Section 5(1) board amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1) net cost amended 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise) section ZA 2(1) Income Tax Act 2007 Section 5(1) New Zealand superannuation amended 26 November 2018 section 459 Social Security Act 2018 Section 5(1) subsidiary amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 5(1) subsidiary amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 5(1) VCF inserted 14 December 2019 section 5 New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 5(2) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
5A: Interpretation of Part 4 and Schedule 6
In Part 4 Schedule 6 Commissioner Government Minister Part 4 Section 5A inserted 21 April 2005 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2005
5B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5B inserted 21 January 2019 section 4 Social Assistance (Residency Qualification) Legislation Act 2018
6: Act binds the Crown
This Act binds the Crown.
1: Entitlements to New Zealand superannuation
Preliminary and general provisions Heading replaced 9 November 2020 section 7 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
7: Age qualification for New Zealand superannuation
1: Every person is entitled to receive New Zealand superannuation who attains the age of 65 years.
2: However, a person is not entitled to receive New Zealand superannuation in respect of the period for which the person has made an election, as contemplated by any of the following provisions, to be entitled to weekly compensation rather than to New Zealand superannuation:
a: clauses 5(4) 6(4)
b: clause 16(3) 17(3)
3: Subsection (1) applies subject to the provisions of this Part and of the Social Security Act 2018 Residential Care and Disability Support Services Act 2018 1990 No 26 s 3 Section 7(2) replaced 1 July 2019 section 11(2) Accident Compensation Amendment Act 2019 Section 7(3) amended 26 November 2018 section 459 Social Security Act 2018
8: Residential qualification for New Zealand superannuation
1: A person ( A
a: is ordinarily resident in New Zealand on the date of application for New Zealand superannuation, unless section 31(4) section 191(4)
b: meets the residency requirements in subsections (2) and (3)
2: Since reaching the age of 20 years, A must have been both resident and present for a period or periods totalling not less than the total time requirement calculated under subsection (4)
a: in New Zealand for 10 years of the total time requirement; and
b: in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for the remaining time (if any) of the total time requirement.
3: Since reaching the age of 50 years, A must have been both resident and present in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for a period or periods totalling not less than 5 years. How to calculate total time requirement
4: For the purposes of subsection (2) The following table is small in size and has 2 columns. Column 1 is headed Period during which A was born. Column 2 is headed Total time requirement. Column 1 Column 2 Period during which A was born Total time requirement On or before 30 June 1959 10 years Between 1 July 1959 and 30 June 1961 (inclusive) 11 years Between 1 July 1961 and 30 June 1963 (inclusive) 12 years Between 1 July 1963 and 30 June 1965 (inclusive) 13 years Between 1 July 1965 and 30 June 1967 (inclusive) 14 years Between 1 July 1967 and 30 June 1969 (inclusive) 15 years Between 1 July 1969 and 30 June 1971 (inclusive) 16 years Between 1 July 1971 and 30 June 1973 (inclusive) 17 years Between 1 July 1973 and 30 June 1975 (inclusive) 18 years Between 1 July 1975 and 30 June 1977 (inclusive) 19 years On or after 1 July 1977 20 years Example
A person ( B Section 8 replaced 16 November 2021 section 4 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
8A: Special total time requirement for refugees or protected persons 45 years of age or older on relevant date
Application of this section
1: This section applies to a person ( A
a: is recognised as a refugee or protected person in New Zealand; and
b: is 45 years of age or older on the relevant date.
2: For the purposes of section 8(2) section 8(4) Requirement for persons between 45 and 55 years of age
3: If A is 45 years of age or older but younger than 55 years of age on the relevant date, A’s total time requirement is the lesser of the following:
a: the period, calculated in days, that starts on the relevant date and ends on A’s 65th birthday:
b: the total time requirement calculated under section 8(4) Example
A person ( B Requirement for persons 55 years of age or older
4: If A is 55 years of age or older on the relevant date, A’s total time requirement is 10 years. Meaning of relevant date
5: In this section, relevant date Section 8A inserted 16 November 2021 section 5 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
9: Treatment of various periods of absence
1: For the purposes of section 8(2) and (3)
a: the person was ordinarily resident in New Zealand during the period; and
b: the person—
i: was absent for the purpose of obtaining special medical or surgical treatment or vocational training and that there were good and sufficient reasons for the person leaving New Zealand to obtain that special treatment or training; or
ii: while absent, served as a mariner on board a ship registered or owned in New Zealand and engaged in trading to and from New Zealand; or
iii: while absent, served in any capacity as a member of any naval, military, or air force of any Commonwealth country or served in connection with any war in which New Zealand forces were involved as a member of any organisation attached to any of those forces; or
iv: while absent, was engaged in eligible charitable work.
2: For the purposes of this section, a person is engaged in eligible charitable work
a: full-time voluntary work that—
i: is humanitarian work; and
ii: is carried out for an entity that is, or is affiliated with or closely related to, a charitable entity that has as its principal function the giving of aid and assistance to less advantaged communities in 1 or more countries; and
b: any capacity as an accredited volunteer appointed by Volunteer Services Abroad Incorporated.
3: In this section,— entity Charities Act 2005 voluntary work Volunteer Service Abroad Incorporated Incorporated Societies Act 1908 Section 9 replaced 9 November 2020 section 9 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 9(1) amended 16 November 2021 section 6 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
10: Treatment of periods of absence as missionary
1: For the purposes of section 8(2) and (3)
a: immediately before the period, the person was ordinarily resident in New Zealand ( see clause 5
b: one or both of the following apply in relation to the person’s absence:
i: while absent, the person was engaged in missionary work:
ii: the person was absent with the person’s spouse or partner who was engaged in missionary work; and
c: the missionary work was carried out for a charitable entity affiliated with a religious body ( see clause 5
2: A person is not to be regarded as ending a period of absence referred to in this section merely because the person visited New Zealand during the absence if the arrangement under which the person, or the person’s spouse or partner, was engaged in missionary work continued during the visit.
3: Unless otherwise expressly provided in the agreement, the provisions of subsection (1) are not modified by the provisions of any agreement entered into by the Government of New Zealand with the government of any other country, whether before or after the commencement of this section, providing for reciprocity in social security benefits between their respective countries or the provisions of any Act or Order in Council giving effect to the agreement.
4: In this section, missionary work 1990 No 26 s 4(2)(e), (3), (4) Section 10 heading replaced 9 November 2020 section 10(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 10(1) replaced 9 November 2020 section 10(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 10(1) amended 16 November 2021 section 7 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021 Section 10(2) replaced 9 November 2020 section 10(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
10A: Treatment of periods of absence if New Zealand income tax withheld on overseas earnings
1: For the purposes of section 8(2) and (3)
a: while absent, the person was employed outside New Zealand and the person’s employer (or any other relevant person) made specified payments with respect to the person’s period of employment:
b: the person was absent with the person’s spouse or partner who was employed outside New Zealand and the spouse’s or partner’s employer (or any other relevant person) made specified payments with respect to the spouse’s or partner’s period of employment.
2: This section applies in relation to a person’s period of employment, whether or not the person’s employer (or any other relevant person) failed to pay to the Commissioner of Inland Revenue a deducted or withheld amount of tax, if the chief executive is satisfied that—
a: the person’s employer (or any other relevant person) deducted or withheld tax from specified payments with respect to the person’s period of employment; and
b: the person did not contribute to the employer’s (or any other relevant person’s) failure to pay that tax to the Commissioner.
3: For the purposes of this section, an employer (or any other relevant person) makes a specified payment
a: PAYE income payments (as that term is used in the Income Tax Act 2007
b: source deduction payments (as that term is used in the Income Tax Act 2004
c: source deduction payments (as that term is used in the Income Tax Act 1994
d: source deduction payments (as that term is used in the Income Tax Act 1976 Part 11
e: source deduction payments (as that term is used in the Income Tax Assessment Act 1957 Part 2
4: See clause 6 Section 10A inserted 9 November 2020 section 11 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 10A(1) amended 16 November 2021 section 8 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
11: Commencement of New Zealand superannuation
1: New Zealand superannuation commences on the date on which the applicant becomes entitled to receive it or the date on which the application for it is received by the department, whichever is the later date.
2: This section is subject to section 317 1990 No 26 s 5 Section 11(2) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 Section 11(2) amended 26 November 2018 section 459 Social Security Act 2018
12: Rates of New Zealand superannuation
The rate of New Zealand superannuation payable to a person is the appropriate rate specified in Schedule 1 Section 12 replaced 9 November 2020 section 12 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Living alone payments Heading repealed 2 September 2013 section 6 Social Assistance (Living Alone Payments) Amendment Act 2013
13: Living alone payments
Section 13 repealed 2 September 2013 section 6 Social Assistance (Living Alone Payments) Amendment Act 2013
14: Commencement of living alone payments
Section 14 repealed 2 September 2013 section 6 Social Assistance (Living Alone Payments) Amendment Act 2013 Annual adjustment of New Zealand superannuation
15: Annual adjustment of rates
1: In this section,— Consumers Price Index (all groups) standard tax M schedule 5, part A, clause 4
2: Subject to subsection (3), the rates of New Zealand superannuation stated in clause 1 of Part 1 of Schedule 1 clause 1(b) of Part 2 Consumers Price Index (all groups) Consumers Price Index (all groups) Consumers Price Index (all groups)
2A: The adjustments (by any percentage movement upwards in the Consumers Price Index (all groups) in any year from 2011 to 2021
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the Consumers Price Index (all groups)
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
3: Every Order in Council made under subsection (2) must adjust the rates of New Zealand superannuation, subject to subsection (4),—
a: so that the weekly amounts referred to in section 16
b: so that the rate of New Zealand superannuation specified in clause 1(b) of Part 2 of Schedule 1 clause 1 of Part 1
4: An adjustment under this section must not reduce the weekly amounts payable under this section.
5: Every Order in Council made under subsection (2) has the force of law as if it was enacted by this Act.
6: Every Order in Council made under subsection (2) comes into force or is considered to come into force on 1 April of the calendar year in which it is made, and applies to New Zealand superannuation payable on and after that date.
7: See section 452
8: An order under this section—
a: is secondary legislation ( see Part 3
b: comes into force in accordance with subsection (6), even if it is not yet published.
9: An order under subsection (2) must be confirmed by an Act ( see subpart 3 1990 No 26 s 13A(1), (2), (3)(d), (3A), (4), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15 heading replaced 9 November 2020 section 13(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 15(1) Consumers Price Index (all groups) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(1) CPI repealed 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(1) earner premium repealed 11 May 2005 section 63(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 15(1) standard tax amended 1 April 2019 section 259 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 15(1) standard tax amended 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise) section ZA 2(1) Income Tax Act 2007 Section 15(2) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(2) amended 9 November 2020 section 13(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 15(2A) inserted 28 May 2010 section 3(2) New Zealand Superannuation and Retirement Income Amendment Act 2010 Section 15(2A) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(2A) amended 31 May 2016 section 9 Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 Section 15(2A) amended 24 October 2012 section 3 New Zealand Superannuation and Retirement Income (Indexation—Budget Measures) Amendment Act 2012 Section 15(2A)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(2A)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(3)(b) replaced 9 November 2020 section 13(3) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 15(5) replaced 26 November 2018 section 459 Social Security Act 2018 Section 15(7) inserted 9 November 2020 section 13(4) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 15(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15A: Orders are confirmable instruments
Section 15A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
16: Annual adjustment of New Zealand superannuation: relationship to net average wage
1: The annual adjustment of New Zealand superannuation under section 15
a: the standard weekly amount of New Zealand superannuation (after the deduction of standard tax) payable to a couple who are married or in a civil union or in a de facto relationship 66% QES earner levies
b: the standard weekly amount of New Zealand superannuation (after the deduction of standard tax) payable to a single person who is living alone couple who are married or in a civil union
c: the standard weekly amount of New Zealand superannuation (after the deduction of standard tax) payable to a single person who is not living alone couple who are married or in a civil union
2: In this section,— earner levies section 219(1) QES 1990 No 26 s 13A(3)(a)–(c) Section 16(1)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 16(1)(a) amended 9 November 2020 section 14(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 16(1)(a) amended 1 April 2007 section 4 New Zealand Superannuation Amendment Act 2005 Section 16(1)(a) amended 11 May 2005 section 63(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 16(1)(a) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 16(1)(b) amended 2 September 2013 section 7(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 16(1)(b) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 16(1)(c) amended 2 September 2013 section 7(2) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 16(1)(c) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 16(2) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022 Effect of long-term residential care or hospitalisation Heading replaced 9 November 2020 section 15 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
17: Entitlement to benefits for spouses
or partners in long-term residential care in hospital or rest home
1: This section applies to any person who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (as defined in section 5
2: Every person to whom this section applies is entitled to receive—
a: New Zealand superannuation at the appropriate rate payable to a person who is single
b: New Zealand superannuation at the appropriate rate payable to a person who is single
i: that person is not entitled to New Zealand superannuation in his or her own right; but
ii: his or her spouse or partner section 6(2) section 11(2)
c: an emergency benefit under section 63 a supported living payment single single
2A: See section 89
3: Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person’s spouse or partner the Residential Care and Disability Support Services Act 2018
3A: In subsection (3), any benefit
a: has, under section 4(2) Social Security Act 2018 see Schedule 2
b: includes, for example, an accommodation supplement (as is explained in the guide in section 17A
4: This section applies despite anything to the contrary in this Act (except sections 19 21 to 35 SR 1993/250 cl 3 Section 17 heading amended 1 July 2006 section 5(1) New Zealand Superannuation and Retirement Income Amendment Act 2006 Section 17 heading amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(1) replaced 26 November 2018 section 459 Social Security Act 2018 Section 17(2)(a) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(2)(b) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(2)(b)(ii) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(2)(c) amended 26 November 2018 section 459 Social Security Act 2018 Section 17(2)(c) amended 15 July 2013 section 97 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 17(2)(c) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(2A) inserted 9 November 2020 section 16(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 17(3) substituted 1 July 2005 section 12(2) Social Security (Long-term Residential Care) Amendment Act 2004 Section 17(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 17(3) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 17(3A) inserted 26 November 2022 section 11 Social Security (Accommodation Supplement) Amendment Act 2022 Section 17(4) inserted 9 November 2020 section 16(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
18: Appropriate rate for spouses or partners of persons in long-term residential care in hospital or rest home
The appropriate rate of New Zealand superannuation to which a person who is living alone is entitled under section 17(2)(a) or (b) Section 18 replaced 9 November 2020 section 17 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
19: Hospital rates of New Zealand superannuation
1: For the purposes of this section, hospital operated Health New Zealand established by section 11 Mental Health (Compulsory Assessment and Treatment) Act 1992
2: This section applies to a person who is married or in a civil union or in a de facto relationship
3: The rate of New Zealand superannuation payable to a person who is a patient in a hospital for a period of 13 weeks or less is not affected.
4: The rate of New Zealand superannuation payable to a person who is a patient in a hospital for more than 13 weeks is, on and after the commencement of the 14th week of hospitalisation, the rate specified clause 3 of Schedule 1
4A: The chief executive may pay to any patient referred to in subsection (4) a higher rate than the rate specified in clause 3 of Part 1 of Schedule 1
5: Subsection (4) does not apply to a resident assessed as requiring care (as defined in section 5 section 11 Act section 18 24 26 54 55 Act
6: See section 89
7: If the New Zealand superannuation of a person who is married or in a civil union or in a de facto relationship is reduced under this section, any specified benefit of the person’s spouse or partner must be increased, starting on the date on which the person’s New Zealand superannuation is reduced, by the amount specified in subsection (7A)
7A: The amount by which the specified benefit of the person’s spouse or partner must be increased is an amount equal to the difference between—
a: the maximum rate of that benefit payable to a single person; and
b: the maximum rate of that benefit payable to a person who is married or in a civil union or in a de facto relationship and whose spouse or partner is receiving New Zealand superannuation.
7B: See section 207
7C: Subsection (7)
8: In any case where the rate of New Zealand superannuation has been reduced in accordance with this section and the superannuitant in hospital is absent from the hospital for not more than 28 days, the rate of New Zealand superannuation payable on return to hospital must be determined as if that absence has not occurred.
9: This section does not entitle a single person or a couple who are married or in a civil union or in a de facto relationship or of another specified benefit
10: This section applies despite anything to the contrary in this Act (other than sections 21 to 35 Social Security Act 2018 Residential Care and Disability Support Services Act 2018
11: In this section, specified benefit
a: New Zealand superannuation; or
b: a veteran’s pension; or
c: a main benefit. 1964 No 136 s 75 Section 19(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 19(1) amended 9 November 2020 section 18(1) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(2) amended 1 April 2007 section 4 New Zealand Superannuation Amendment Act 2005 Section 19(2) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 19(4) amended 9 November 2020 section 18(2) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(4A) inserted 9 November 2020 section 18(3) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(5) replaced 26 November 2018 section 459 Social Security Act 2018 Section 19(5) amended 9 November 2020 section 18(4) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(6) replaced 9 November 2020 section 18(5) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(7) replaced 9 November 2020 section 18(6) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(7A) inserted 9 November 2020 section 18(6) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(7B) inserted 9 November 2020 section 18(6) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(7C) inserted 9 November 2020 section 18(6) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(9) amended 9 November 2020 section 18(7) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(9) amended 1 April 2007 section 4 New Zealand Superannuation Amendment Act 2005 Section 19(9) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 19(10) replaced 26 November 2018 section 459 Social Security Act 2018 Section 19(10) amended 9 November 2020 section 18(8) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 19(11) inserted 9 November 2020 section 18(9) New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
20: Special disability allowance
Section 20 repealed 9 November 2020 section 19 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Payment overseas of New Zealand superannuation
21: Effect of absence from New Zealand on New Zealand superannuation
A person is not entitled to New Zealand superannuation while that person is absent from New Zealand except as provided in sections 22 to 35 any reciprocity agreement adopted under section 380 1990 No 26 s 17A(1) Section 21 amended 26 November 2018 section 459 Social Security Act 2018 Section 21 amended 5 January 2010 section 4 New Zealand Superannuation and Retirement Income Amendment Act 2009
22: First 26 weeks of certain temporary absences
New Zealand superannuation that would otherwise be payable to a person (other than a person who is receiving New Zealand superannuation overseas under section 26
a: the person’s absence does not exceed 30 weeks; or
b: the person’s absence exceeds 30 weeks and the chief executive is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person’s control that he or she could not reasonably have foreseen before departure. 1990 No 26 s 17A(2) Section 22 amended 5 January 2010 section 5 New Zealand Superannuation and Retirement Income Amendment Act 2009
23: Absences up to 2 years for medical treatment
The chief executive may pay New Zealand superannuation to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her spouse or partner 1990 No 26 s 17A(3) Section 23 amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005
24: Absences up to
156
1: The chief executive may pay New Zealand superannuation to any person who—
a: is otherwise entitled to receive it; and
b: is absent from New Zealand for a period not exceeding 156
c: is engaged, while absent from New Zealand, in full-time voluntary and unpaid humanitarian work for a recognised aid agency that—
i: has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and
ii: has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.
2: The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1). 1990 No 26 s 17A(3A), (3B) Section 24 heading amended 1 July 2006 section 7(1) New Zealand Superannuation and Retirement Income Amendment Act 2006 Section 24(1)(b) amended 1 July 2006 section 7(2) New Zealand Superannuation and Retirement Income Amendment Act 2006
25: Date absence commences
If a person who is absent from New Zealand would have become entitled to New Zealand superannuation during his or her absence but for section 21 1990 No 26 s 17A(4)
26: Payment overseas of New Zealand superannuation
1: This subsection—
a: applies to a country if it is not a country with whose government New Zealand has a reciprocity agreement in force under section 380
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 30(1)
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) applies is entitled to be paid New Zealand superannuation at the appropriate rate specified in subsection (6)—
a: in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1) applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 30(1)
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: begins to reside in New Zealand again; or
iii: begins to receive New Zealand superannuation otherwise than under this section; and
b: in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she—
i: begins to reside in a country that is not a country to which subsection (1) applies; or
ii: returns to New Zealand.
3: For the purposes only of subsection (2)(b)(ii), a person does not return to New Zealand if—
a: he or she—
i: interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand begin to receive New Zealand superannuation otherwise than under this section.
4: Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2), a person does not cease to be entitled to be paid New Zealand superannuation under that subsection by reason only of changing his or her intentions after leaving New Zealand.
5: Subsection (4) is for the avoidance of doubt.
6: The rates referred to in subsection (2) are,—
a: for a single person, a rate that is a proportion (calculated under section 26A(1) clause 1(b) of Schedule 1
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under section 26A(1)
7: This section is subject to section 26B Section 26 substituted 5 January 2010 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 26(1)(a) amended 26 November 2018 section 459 Social Security Act 2018
26A: Calculation of amount of New Zealand superannuation payable overseas
1: The proportion referred to in section 26(6)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b); and
d: dividing by 540 the total calculated under paragraph (c).
2: For the purposes of subsection (1), a person must be treated as having resided in New Zealand during a period of absence from New Zealand if section 9 10 10A
3:
4: Section 26A inserted 5 January 2010 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 26A(2) replaced 9 November 2020 section 20 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 26A(3) repealed 9 November 2020 section 20 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 26A(4) repealed 9 November 2020 section 20 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
26B: Entitlement
A person is not entitled to be paid New Zealand superannuation under section 26 unless he or she—
a: has made an application for the payment of New Zealand superannuation under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
b: is ordinarily resident and present in New Zealand on the day he or she makes the application, and—
i: is entitled to receive New Zealand superannuation on that day; or
ii: will become entitled to receive New Zealand superannuation before he or she leaves New Zealand. Section 26B inserted 5 January 2010 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2009
27: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 26
2: The chief executive may accept an application for payment in accordance with section 26
3: If the chief executive has accepted an application under subsection (2) and, after the applicant left New Zealand, the applicant has been paid any instalment of New Zealand superannuation in accordance with sections 21 to 25 1990 No 26 s 17(3), (4)
28: Date of commencement of payment overseas
1: The date of commencement of payment overseas of New Zealand superannuation under section 26
2: However, in the case of an application under section 27
3: Subsection (2) is subject to section 317 1990 No 26 s 17(4) Section 28(3) added 2 July 2007 section 12(2) Social Security Amendment Act 2007 Section 28(3) amended 26 November 2018 section 459 Social Security Act 2018
29: Relationship with other benefit provisions
1:
2: A person who is receiving New Zealand superannuation overseas under section 26 is not entitled to receive any assistance under the Social Security Act 2018 section 100 101
3: When a person who receives New Zealand superannuation overseas under section 26 dies, the benefit terminates (despite sections 325 to 330
a: to be determined by the chief executive; and
b: that must be not more than 4 weeks after the person’s date of death.
4:
4A: The Social Security Act 2018 section 26
a: sections 111 114 173 to 196 204 206 to 219
b: the rest of that Act applies to that New Zealand superannuation except as provided in this section.
5: 1990 No 26 s 17(1), (6)–(9) Section 29(1) repealed 5 January 2010 section 7(1) New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 29(2) replaced 26 November 2018 section 459 Social Security Act 2018 Section 29(3) replaced 26 November 2018 section 459 Social Security Act 2018 Section 29(4) repealed 5 January 2010 section 7(3) New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 29(4A) replaced 26 November 2018 section 459 Social Security Act 2018 Section 29(5) repealed 5 January 2010 section 7(3) New Zealand Superannuation and Retirement Income Amendment Act 2009
30: Specified Pacific country
1: In sections 31 to 35 specified Pacific country
a: that is listed in Schedule 2
b: that is not a country with which New Zealand has a reciprocity agreement in force under section 380
2: The Governor-General may from time to time, by Order in Council, amend Schedule 2
a: adding the name of any Pacific country or territory; or
b: omitting the former name of a country or territory and substituting its new name.
3: The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.
4: The Order in Council applies to payments of New Zealand superannuation under section 31
5: Every Order in Council made under subsection (2)(a) has the force of law as if it was enacted by this Act.
6: An order under this section—
a: is secondary legislation ( see Part 3
b: comes into force in accordance with subsection (3), even if it is not yet published.
7: An order under subsection (2) must be confirmed by an Act ( see subpart 3 1990 No 26 s 17B 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(1)(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 30(5) replaced 26 November 2018 section 459 Social Security Act 2018 Section 30(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
30A: Orders are confirmable instruments
Section 30A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
31: Entitlement to be paid New Zealand superannuation in specified Pacific country
1: A person entitled to receive New Zealand superannuation is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 32 or subsection (4)
2: This subsection applies to a person—
a: who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and
b: who is resident and present in New Zealand on the date of his or her application to be paid New Zealand superannuation in a specified Pacific country; and
c: who—
i: is entitled to receive New Zealand superannuation on the date of the application; or
ii: will be entitled to receive New Zealand superannuation before leaving New Zealand; and
d: who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be made to him or her.
3: This subsection applies to a person—
a: who—
i: was being paid New Zealand superannuation while resident in a specified Pacific country immediately before 1 October 1999 under section 17
ii: was being paid New Zealand superannuation while resident in the Cook Islands, Niue, or Tokelau immediately before 1 October 1999 under section 17B
b: who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be made to him or her.
4: This subsection applies to a person—
a: who, on or after the date this subsection comes into force, makes an application to be paid New Zealand superannuation in a specified Pacific country; and
b: who is resident in the Cook Islands, Niue, or Tokelau on the date of the application; and
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
d: who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be paid to him or her.
5: If subsection (4) applies, an application to be paid New Zealand superannuation in a specified Pacific country must be made in addition to an application to be paid New Zealand superannuation under section 297 section 438
6: The applications referred to in subsection (5) may be made together or separately, and may be made—
a: before an applicant meets the age qualification for New Zealand superannuation in section 7
b: when or after the applicant meets the age qualification. 1990 No 26 s 17BA Section 31(1) amended 1 July 2015 section 6(1) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 31(4) inserted 1 July 2015 section 6(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 31(4)(c) replaced 16 November 2021 section 9 New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021 Section 31(5) inserted 1 July 2015 section 6(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 31(5) amended 26 November 2018 section 459 Social Security Act 2018 Section 31(6) inserted 1 July 2015 section 6(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015
32: Rates of payment of New Zealand superannuation payable to people resident in specified Pacific countries
1: The rate of New Zealand superannuation payable under section 31
a: in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:
b: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula: a × b ÷ 20 where— a is the base rate b is the whole number of years the person has resided in New Zealand since turning 20 years:
c: in the case of a person who is resident in a specified Pacific country and was being paid New Zealand superannuation immediately before 1 October 1999 under section 17 section 17B
i: the amount he or she was being paid immediately before that date; and
ii: the appropriate amount payable under paragraph (a) or paragraph (b).
2: For the purposes of this section, the base rate is,—
a: in the case of a single person, the amount stated in clause (1)(b) of Schedule 1
b: in the case of a person who is married or in a civil union or in a de facto relationship
3: However, if sections 187 to 191 1990 No 26 s 17C Section 32(2)(b) amended 1 April 2007 section 4 New Zealand Superannuation Amendment Act 2005 Section 32(2)(b) amended 26 April 2005 section 3 New Zealand Superannuation Amendment Act 2005 Section 32(3) replaced 26 November 2018 section 459 Social Security Act 2018
33: Commencement and termination of payments
1: The commencement date of payment of a benefit under section 31
1A: The commencement date of payment of a benefit to a person to whom section 31(4)
a: the date that the person meets the age qualification for New Zealand superannuation in section 7
b: the date that the application referred to in section 31(4)
2: When a person being paid a benefit under section 31 1990 No 26 s 17D Section 33(1) replaced 1 July 2015 section 7(1) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 33(1A) inserted 1 July 2015 section 7(2) Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015
34: Effect on other benefits
A person being paid a benefit under section 31 Social Security Act 2018 section 100 101 Section 34 replaced 26 November 2018 section 459 Social Security Act 2018
35: Application of this Act and
Social Security Act 2018
1: Sections 22 section 31
2: The Social Security Act 2018 sections 204 206 to 208 217 to 219 311 313 to 315 section 31 1990 No 26 s 17F Section 35 heading amended 26 November 2018 section 459 Social Security Act 2018 Section 35(1) amended 5 January 2010 section 8 New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 35(2) replaced 26 November 2018 section 459 Social Security Act 2018 Miscellaneous provisions Heading inserted 9 November 2020 section 21 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020
35A: Regulations
1: The Governor-General may, by Order in Council, make regulations for the purposes of section 4A(2)(g)
2: The Governor-General may, by Order in Council, make regulations providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
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 35A inserted 9 November 2020 section 21 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Section 35A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: New Zealand Superannuation Fund
and Guardians of New Zealand Superannuation Part 2 heading amended 14 December 2019 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2019
36: Outline of Part
This Part—
a: establishes the New Zealand Superannuation Fund:
b: provides for payments into and out of the Fund:
c: establishes the Guardians of New Zealand Superannuation to manage and administer the Fund and the VCF
d: requires the Guardians to invest the Fund on a prudent, commercial basis:
e: empowers the Minister to give directions to the Guardians regarding the Government’s expectations as to the Fund’s performance, and requires the Guardians to have regard to those directions:
g: provides for other matters relating to the Fund , the VCF, Section 36(c) amended 14 December 2019 section 7(1) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 36(g) amended 14 December 2019 section 7(2) New Zealand Superannuation and Retirement Income Amendment Act 2019 New Zealand Superannuation Fund
37: Establishment of New Zealand Superannuation Fund
This section establishes the New Zealand Superannuation Fund (the Fund
38: Property of Fund
1: The Fund consists of—
a: the capital contributions payable under this Act:
b: money payable under section 45
c: Fund investments:
d: money accruing from the investment of the Fund:
e: any other money that may be lawfully payable into the Fund:
f: money in a Crown Bank Account section 39
2: The Fund is not an entity separate from the Crown.
3: However, subsection (2) does not limit section 66(2) 67(1) Section 38(1)(f) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 38(2) inserted 23 October 2015 section 4 New Zealand Superannuation and Retirement Income Amendment Act 2015 Section 38(3) inserted 23 October 2015 section 4 New Zealand Superannuation and Retirement Income Amendment Act 2015
39: Crown Bank Account
1: The Treasury must open a Crown Bank Account for the Fund at any bank or banks that the Minister may direct.
2: The Guardians must maintain and operate the accounts in accordance with any directions given by the Minister or the Treasury.
2A: Sections 114 115
3: The Guardians must ensure that the accounts are not overdrawn at any time.
4: The Public Finance Act 1989 sections 65I 65ZH(1)(g) and (h) 79 80
5: Money in the accounts is public money for the purpose of the Public Finance Act 1989 Section 39(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 39(4) amended 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 39(4) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
40: Ownership of Fund
The Fund is the property of the Crown.
41: Payments out of Fund
1: The Fund must be held for the purpose of paying New Zealand superannuation.
2: In addition, money may be paid out of the Fund—
a: to pay any fee that is payable to an investment manager or custodian in respect of the Fund:
b: to meet any other obligation that is directly related to the operation of the Fund:
c: to pay the taxation liabilities arising in respect of the Fund:
d: to meet any capital withdrawal under section 47
3: No payment may be made out of the Fund except in accordance with subsection (1) or subsection (2) and unless it has been authorised by the Guardians.
41A: Guardians may apportion obligations
1: This section applies if the Guardians reasonably consider that an expense or other obligation is related to the operation of both the Fund and the VCF.
2: The Guardians may apportion the obligation in the manner that the Guardians consider reasonable so as to determine—
a: the part of the obligation that is to be met out of the Fund under section 41(2)(b)
b: the part of the obligation that is to be met out of the VCF under section 12(1)(b)
3: The part of the obligation determined in relation to the Fund or the VCF must be treated as an obligation that is directly related to the operation of the Fund or the VCF (as the case may be). Section 41A inserted 14 December 2019 section 8 New Zealand Superannuation and Retirement Income Amendment Act 2019 Required capital contributions to Fund
42: Process for calculating capital contributions to Fund
1: The Treasury must, each financial year, calculate the amount of the annual capital contribution to the Fund required under section 43
2: The Treasury must include, in the economic and fiscal update prepared under section 26O
a: the amount of the required annual capital contribution so calculated for the financial year; and
b: a statement of the assumptions and judgments on which the calculations are based.
3: Part 2 section 26W Section 42(2) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 42(3) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
43: Amount of required annual capital contribution
The required annual capital contribution for each financial year is— a ÷ 100 × that year’s GDP − b where—
a: is the percentage of that year’s GDP that, if the same percentage of the GDP that is projected for each of the next 40 years were contributed (by way of either or both of annual required capital contributions and annual expense payments under section 45
GDP: is the projected annual gross domestic product of New Zealand
b: is the expected net cost of the New Zealand superannuation entitlements payable out of the Fund in the year
net cost: is the cost of New Zealand superannuation entitlements net of any amount of tax deducted or withheld, or required to be deducted or withheld under the PAYE rules in the Income Tax Act 2007
next 40 years: means the financial year for which the required annual capital contribution is being calculated plus each of the following 39 financial years. Section 43 formula item net cost amended 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise) section ZA 2(1) Income Tax Act 2007
44: Lesser amounts of annual capital contribution
1: If the Government intends to pay less into the Fund in any financial year than the required annual capital contribution, the Minister must include, in the fiscal strategy report prepared under Part 2
a: the amount of the required annual capital contribution stated in the economic and fiscal update under section 42
b: a statement of the amount of annual capital contribution actually to be paid into the Fund in that year; and
c: a statement of the reasons for the Government’s departure from the required annual capital contribution; and
d: a statement of the Government’s intentions regarding future contributions to the Fund; and
e: a statement of the approach the Government intends to take to ensure that the Fund will be sufficient to meet the payments of New Zealand superannuation entitlements expected to be made over the next 40-year period.
2: The requirements of this section do not apply if the required annual capital contribution is less than zero. Section 44(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Other contributions to Fund
45: Annual expense payments
1: The Minister must ensure that sufficient money is transferred into the Fund in each financial year to meet the net cost of the New Zealand superannuation entitlements that are payable out of the Fund during that year.
2: The requirement in subsection (1) is additional to, and separate from, the obligation to make required annual capital contributions.
46: Additional contributions to Fund
The Minister may pay any money into the Fund that is additional to that required under this Act. Withdrawals from Fund
47: Withdrawals from Fund after 2020
1: If the required annual capital contribution is less than zero, the Minister may require a capital withdrawal to be made from the Fund up to that amount and paid into a Crown Bank Account
2: However, no capital withdrawal is allowed from the Fund in any financial year commencing before 1 July 2020. Section 47(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Guardians of New Zealand Superannuation
48: Establishment of Guardians of New Zealand Superannuation
1: This section establishes the Guardians of New Zealand Superannuation (the Guardians
2: The Guardians are a Crown entity for the purposes of the section 7
3: The Crown Entities Act 2004 Section 48(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 48(3) added 25 January 2005 section 200 Crown Entities Act 2004
49: Body corporate status and powers
1:
2:
3: Sections 100 160 to 164
4: There are no restrictions on the Guardians’ power to invest the Fund sections 58 59 64
5: This section is subject to section 50 1993 No 105 s 16(1) Section 49(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 49(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 49(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 49(4) amended 25 January 2005 section 200 Crown Entities Act 2004
49A: Saving of certain transactions
1: A failure by the Guardians to comply with any provision of this Act , the Venture Capital Fund Act 2019 Crown Entities Act 2004
a: the Guardians; or
b: a Fund investment vehicle referred to in section 59A
ba: a VCF investment vehicle referred to in section 25
c: a Crown entity subsidiary of the Guardians.
2: This section applies only to the extent that the deed, agreement, right, or obligation is entered into, obtained, or incurred for the purpose of performing the functions of the Guardians.
3: This section applies despite anything to the contrary in this Act , the Venture Capital Fund Act 2019 Crown Entities Act 2004 1986 No 124 s 21 Section 49A inserted 23 October 2015 section 5 New Zealand Superannuation and Retirement Income Amendment Act 2015 Section 49A(1) amended 14 December 2019 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 49A(1)(ba) inserted 14 December 2019 section 9(2) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 49A(3) amended 14 December 2019 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2019
50: Borrowing
1: The Guardians may not, except with the approval of the Minister of Finance,—
a: borrow money (
b: mortgage or charge any of the real or personal property of the Fund, whether present or future, as security; nor
c: hold any financial instrument that places or may place a liability or a contingent liability on
2: The Minister’s approval may be given for any class of transactions in subsection (1)(a) to (c). Section 50(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 50(1)(c) amended 25 January 2005 section 200 Crown Entities Act 2004
51: Functions
1: The functions of the Guardians are to manage and administer—
a: the Fund in accordance with this Act; and
b: the VCF in accordance with the Venture Capital Fund Act 2019
2: The Guardians are not a trustee, or a constructive trustee, in relation to the exercise of their functions or any other matter. Section 51(1) replaced 14 December 2019 section 10 New Zealand Superannuation and Retirement Income Amendment Act 2019
52: Expenses of Guardians
The expenses of the Guardians must be met out of money appropriated by Parliament for the purpose. Board of Guardians
53: Role of board
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004
54: Membership of board
1: The board must consist of at least 5, but not more than 7, board members appointed by the Governor-General on the recommendation of the Minister.
2: This section applies despite section 28(1)(a) Section 52(2) added 25 January 2005 section 200 Crown Entities Act 2004 Members’ appointments
55: Criteria for appointments
1: The Minister must only recommend a person for appointment as a board member who,—
a: in the Minister’s opinion, has substantial experience, training, and expertise in the management of financial investments; and
b: has been nominated by the nominating committee.
2: This section applies in addition to section 29 Section 55(2) added 25 January 2005 section 200 Crown Entities Act 2004
56: Nominating committee
1: The Minister must establish a committee to nominate candidates to the Minister for appointment as members of the board.
2: The nominating committee must comprise not less than 4 persons with proven skills or relevant work experience that will enable them to identify candidates for appointment to the board who are suitably qualified.
3: The expenses of the nominating committee must be met out of money appropriated by Parliament for the purpose.
4: The Minister must notify the nominating committee of persons who the Minister considers to have an interest in appointments to the board, and the nominating committee must consult with those persons or representatives of those persons.
5: Subsection (4) does not limit consultation or the calling for expressions of interest in appointments.
6: After receiving nominations for appointment from the nominating committee, the Minister must consult with representatives of other political parties in Parliament before recommending that the Governor-General appoints a person to the board.
57: Further provisions applying to board
Schedule 3 Investment of Fund
58: Investment of Fund
1: The Guardians are responsible for investing the Fund.
2: The Guardians must invest the Fund on a prudent, commercial basis and, in doing so, must manage and administer the Fund in a manner consistent with—
a: best-practice portfolio management; and
b: maximising return without undue risk to the Fund as a whole; and
c: avoiding prejudice to New Zealand’s reputation as a responsible member of the world community.
59: No controlling interests
1: The Guardians must use their best endeavours to ensure that the Fund does not control any other entity or hold a percentage of the voting rights in any other entity that would require it to seek control of that entity.
2: If a contravention of subsection (1) arises (through inadvertence or otherwise), the Guardians must take all reasonable steps to remedy the default as soon as practicable.
3: For the purposes of this Act, an entity is controlled by the Fund if—
a: the entity is a subsidiary of the Fund; or
b: the Fund controls the entity within the meaning of any relevant section 5
c: the Fund can control directly or indirectly the composition of the board of the entity within the meaning of sections 7 8
4: This section does not prevent the board establishing a Crown entity subsidiary of the Guardians (within the meaning of the second column of section 7(1)(c)
5: This section—
a: does not apply to a Fund investment vehicle referred to in section 59A
b: does apply to an entity in which a Fund investment vehicle has an interest, as if the investments of the Fund that are held, facilitated, or managed by the Fund investment vehicle were held directly by the Guardians as manager and administrator of the Fund. Section 59(3)(b) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 59(3)(b) amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 59(4) amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 59(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 59(5) inserted 23 October 2015 section 6 New Zealand Superannuation and Retirement Income Amendment Act 2015
59A: Fund investment vehicles
1: All or any of the investments of the Fund may be held in an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund (a Fund investment vehicle
2: A Fund investment vehicle is not a Crown entity subsidiary for the purposes of section 7(1)(c)
3: Interests in Fund investment vehicles are Fund investments and part of the Fund.
4: To avoid doubt, the Official Information Act 1982 Ombudsmen Act 1975
5: Subsection (1) applies despite anything to the contrary in the Crown Entities Act 2004 Section 59A inserted 23 October 2015 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2015
59B: Fund investment vehicles not required to prepare statements or annual reports
1: A Fund investment vehicle is not required to do either of the following:
a: prepare financial statements or group financial statements that are separate from those prepared for the Fund under section 66
b: have financial statements or group financial statements audited.
2: If a Fund investment vehicle is a company, the board of the company is not required to prepare an annual report.
3: Subsections (1) and (2) apply despite anything to the contrary in the Companies Act 1993 Limited Partnerships Act 2008 Public Audit Act 2001
4: This section does not limit sections 59A(3) 66 to 68
5: In this section, annual report board section 2(1) Section 59B inserted 24 October 2019 section 98 Statutes Amendment Act 2019
60: Establishment of investment policies, standards, and procedures
1: The Guardians must establish, and adhere to, investment policies, standards, and procedures for the Fund that are consistent with their duty to invest the Fund on a prudent, commercial basis, in accordance with section 58
2: The Guardians must review those investment policies, standards, and procedures for the Fund at least annually.
61: Contents of statements of investment policies, standards, and procedures
A statement of investment policies, standards, and procedures must cover (but is not limited to)—
a: the classes of investments in which the Fund is to be invested and the selection criteria for investments within those classes; and
b: the determination of benchmarks or standards against which the performance of the Fund as a whole, and classes of investments and individual investments, will be assessed; and
c: standards for reporting the investment performance of the Fund; and
d: ethical investment, including policies, standards, or procedures for avoiding prejudice to New Zealand’s reputation as a responsible member of the world community; and
e: the balance between risk and return in the overall Fund portfolio; and
f: the fund management structure; and
fa: the governance framework for the implementation and operation of Fund investment vehicles referred to in section 59A
g: the use of options, futures, and other derivative financial instruments; and
h: the management of credit, liquidity, operational, currency, market, and other financial risks; and
i: the retention, exercise, or delegation of voting rights acquired through investments; and
j: the method of, and basis for, valuation of investments that are not regularly traded at a public exchange; and
k: prohibited or restricted investments or any investment constraints or limits. Section 61(fa) inserted 23 October 2015 section 8 New Zealand Superannuation and Retirement Income Amendment Act 2015
62: Investment management
1: The Guardians may appoint, on any terms and conditions that the Guardians think fit, 1 or more persons (including any department) to undertake the investment of any part of the Fund.
2: Different persons may be appointed for different parts of the Fund.
3: The Guardians must state, in each instrument of appointment, the powers and rights of the person appointed (including, without limitation, the extent of that person’s power to delegate any of those powers and rights).
4: This section does not limit section 49 of this Act or section 17 Section 62(4) amended 25 January 2005 section 200 Crown Entities Act 2004
63: Custodianship of Fund
1: The Guardians may appoint a person or persons (including any department) to act as custodian of the Fund, or any part of the Fund.
2: A custodian so appointed must hold the property of the Fund, or that part of the property of the Fund for which they have been appointed, in their name or, if the Guardians authorise it, in the name of 1 or more nominees.
3: An appointment may be on any terms and conditions that the Guardians think fit.
4: The Guardians must specify, in each instrument of appointment, the powers and rights of the person or persons appointed (including, without limitation, the extent of that person’s powers to delegate any of those powers and rights).
5: This section does not limit section 49 of this Act or section 17 Section 63(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Ministerial directions
64: Ministerial directions
1: The Minister may, after consultation with the Guardians, give directions to the Guardians regarding the Government’s expectations as to the Fund’s performance, including the Government’s expectations as to risk and return.
2: Despite anything to the contrary in the Crown Entities Act 2004
a: must not give a direction that is inconsistent with the Guardians’ duty to invest the Fund on a prudent, commercial basis, in accordance with section 58
b: must not give a direction to the Guardians in respect of the Fund except in accordance with this section.
3:
4:
5:
6: The Guardians must notify the Minister of how the entity proposes to have regard to any direction.
7: The Guardians’ annual report must include a statement of how the entity is having regard, or has had regard, during the year to any Ministerial directions given under this section. Section 64(2) replaced 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 64(3) repealed 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 64(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 64(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Accountability
65: Statement of performance expectations
The statement of performance expectations Part 4
a: a statement of the board’s expectations about the performance of the Fund over the next financial year, in sufficient detail to enable meaningful assessment against those expectations after the end of that financial year; and
b: a statement of the key risks to the performance of the Fund over the coming year and the actions being taken by the board to manage those risks; and
c: forecast financial statements of the Fund for the next financial year, including a statement of accounting policies. Section 65 heading replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 65 amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 65 amended 25 January 2005 section 200 Crown Entities Act 2004
66: Financial statements of Fund
1: The Guardians must ensure that financial statements for the Fund are prepared for each financial year.
2: The annual financial statements must be prepared in accordance with generally accepted accounting practice (as defined in section 8 Section 66(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
67: Auditor-General is auditor of Fund
1: The Fund is to be treated as if it were a public entity as defined in section 4
2: The Guardians must, not later than 90 days after the end of the financial year, forward the annual financial statements of the Fund to the Auditor-General.
3: The Auditor-General must issue an audit opinion within 30 days of receipt of the annual financial statements and must return the annual financial statements, with the audit report attached, to the Guardians.
68: Annual report
The annual report of the Guardians prepared each financial year under Part 4
a: the financial statements of the Fund for that financial year prepared under section 66
b: a statement of responsibility for the financial statements of the Fund, signed by the chairperson of the board and the chief executive of the Guardians (if any), and comprising the same statements that are required by section 155
c: the audit report on the financial statements; and
d: an analysis and explanation of the performance of the Fund over that financial year, including a comparison with the Guardians’ expectations about the performance of the Fund that were set out in the statement of performance expectations
e: a statement of the investment policies, standards, and procedures for the Fund established by the Guardians under section 60
f: a statement signed by the chairperson of the board and the chief executive of the Guardians (if any) certifying whether or not the investment policies, standards, and procedures for the Fund have been complied with throughout that financial year; and
g: a schedule of the investment managers and custodians used by the Guardians in relation to the Fund Section 68 amended 25 January 2005 section 200 Crown Entities Act 2004 Section 68(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 68(d) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 68(g) amended 14 December 2019 section 11 New Zealand Superannuation and Retirement Income Amendment Act 2019
69: Reporting by Guardians on Fund
1: The Guardians must report to the Minister on the Fund at those intervals that the Minister may require.
2: The Guardians’ report must include any information that the Minister may require.
70: Auditor-General to be auditor of Guardians
Section 70 repealed 25 January 2005 section 200 Crown Entities Act 2004 Performance reviews
71: Performance reviews
1: From time to time, there must be conducted a review of how effectively and efficiently the Guardians are performing their functions in relation to the Fund
2: The first performance review must be conducted as soon as practicable after 1 July 2003.
3: Subsequent performance reviews must be conducted at intervals that are no more than 5 years apart (to be set by the Minister) after that.
4: The Minister must set the terms of reference for the review, which must include (without limitation) requirements that the reviewer form an opinion about—
a: whether or not the investment policies, standards, and procedures, established by the Guardians in relation to the Fund
b: whether or not the investment policies, standards, and procedures, established by the Guardians in relation to the Fund
c: the investment performance of the Fund.
5: Every performance review must be conducted by an independent person appointed by the Minister.
6: Every person who conducts a performance review must, as soon as practicable after conducting it,—
a: prepare a written report on the conclusions reached and recommendations formulated as a result of conducting it; and
b: give copies of the report to the Minister and the Guardians.
7: The Minister must present a copy of the report to the House of Representatives as soon as practicable after receiving it.
8: The costs of conducting a performance review must be met out of money appropriated by Parliament for the purpose. Section 71(1) amended 14 December 2019 section 12(1) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 71(4)(a) amended 14 December 2019 section 12(2) New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 71(4)(b) amended 14 December 2019 section 12(2) New Zealand Superannuation and Retirement Income Amendment Act 2019
3: Miscellaneous provisions
Political commitment to New Zealand superannuation
72: Political commitment
1: A leader of a political party represented in Parliament may notify the Minister, in writing,—
a: of the party’s agreement to either Part 1 Part 2
b: of the withdrawal of that party’s agreement to either Part 1 Part 2
2: The Minister must, as soon as practicable after receiving a notification, make a recommendation to the Governor-General for an Order in Council to add or omit the name of the party to or from the relevant Part or Parts of Schedule 4
3: The Minister must also make a recommendation to the Governor-General for an Order in Council to omit the name of a political party from Schedule 4
4: The Governor-General may, by Order in Council made on the recommendation of the Minister under subsection (2) or subsection (3), add names to, and omit names from, Schedule 4
5: In this section, a reference to Part 2
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 72(5) inserted 14 December 2019 section 13 New Zealand Superannuation and Retirement Income Amendment Act 2019 Section 72(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73: Amendments to Act
1: The Minister must, on the introduction into the House of Representatives of a Government Bill that proposes an amendment to this Act, bring to the attention of the House the consultation process that was followed in the formulation of the proposed amendment.
2: That statement must include (without limitation)—
a: whether consultation has taken place with the parties that are in agreement with the Part proposed to be amended (as listed in Schedule 4
b: whether consultation has taken place with the Guardians (to the extent that the amendment relates to Part 2
c: the results of the consultation.
2A: Subsection (2)(a) relates to amendments to Part 2
3: If the House of Representatives resolves that the balance in the Fund should be allocated to individual retirement accounts for all eligible contributors, the Guardians must report to the Minister and the Minister of Social Services and Employment, within 12 months of the date of the resolution, on the best means of allocating that balance to residents aged 18 or more having regard to the income tax paid by those individuals since 1 July 2001. Section 73(2A) inserted 14 December 2019 section 14 New Zealand Superannuation and Retirement Income Amendment Act 2019 Amendments to other Acts Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
74: Amendment to Ombudsmen Act 1975
Section 74 repealed 25 January 2005 section 200 Crown Entities Act 2004
75: Amendments to Public Finance Act 1989
Section 75 repealed 25 January 2005 section 200 Crown Entities Act 2004 Taxation Heading repealed 29 August 2011 section 209 Taxation (Tax Administration and Remedial Matters) Act 2011
76: Taxation of Fund and Guardians
Section 76 repealed 29 August 2011 section 209 Taxation (Tax Administration and Remedial Matters) Act 2011 Consequential amendments and revocation
77: Consequential amendments to other Acts
The Acts specified in Schedule 5
78: Consequential revocation
The Social Security (Disability Services) Regulations 1993 (SR 1993/250) are consequentially revoked. Transitional and savings provision
79: Transitional provision for existing New Zealand superannuation entitlements
Every person who, immediately before the commencement of this section, was entitled to receive New Zealand superannuation entitlements under the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990 Social Security (Disability Services) Regulations 1993 Part 1 1990 No 26 s 7
79A: References to Volunteer Service Abroad Incorporated
The references in the following provisions to Volunteer Service Abroad Incorporated Incorporated Societies Act 1908 Volunteer Service Abroad Inc
a: section 14(2)(e) section 4 section 14(18)
b: section 4(2)(d) section 77 Section 79A inserted 25 February 2012 section 5 New Zealand Superannuation and Retirement Income Amendment Act 2012
4: Retirement Commissioner
Part 4 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
80: Purpose of this Part
The purpose of this Part is to continue the office of the Retirement Commissioner and to set out the Commissioner’s functions, powers, and duties. Section 80 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
81: Interpretation of this Part and Schedule 6
In this Part and in Schedule 6 Commissioner Government Minister section 5A Section 81 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005 Provisions relating to constitution and appointment of Retirement Commissioner Heading added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
82: Retirement Commissioner
1: There continues to be a Commissioner called the Retirement Commissioner.
2: The Commissioner continues to be a corporation sole.
3: The Commissioner is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004
5: The Commissioner is the board for the purposes of section 10 Section 82 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005 Functions, powers, and duties of Commissioner Heading added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
83: Functions
The functions of the Commissioner are as follows:
a: to develop and promote methods of improving the effectiveness of the retirement income policies from time to time implemented by the Government of New Zealand, including the promotion of education about retirement income issues and the publication of information about those issues:
b: to monitor the effects of retirement income policies that are being implemented in New Zealand:
c: to review the retirement income policies being implemented by the Government and to report to the Minister by 31 December 2007 and at 3-yearly intervals thereafter, in accordance with section 84
d: to advise on retirement income issues, when requested to do so by the Minister:
da: to promote education, and publish information, about financial matters to assist individuals to make financial decisions confidently and informedly:
db: to advise on financial capability issues, when requested to do so by the Minister:
e: to monitor the effectiveness of persons (whether referred to as ombudsmen or by any other term) who have been appointed (other than under statutory authority) to consider complaints and disputes about savings and investments; and to consider any issues addressed to the Commissioner by any such person and, if appropriate, to make recommendations to any person:
f: to collect and publish information for the purpose of enabling the fulfilment of any of the functions referred to in this section:
g: to perform such other functions as are conferred on the Commissioner by this Act or any other enactment:
h: to perform any additional function that the Minister directs under section 112 1993 No 148 s 6 Section 83 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 83(da) inserted 30 May 2017 section 124(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 83(db) inserted 30 May 2017 section 124(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 83(h) inserted 30 May 2017 section 124(2) Regulatory Systems (Commercial Matters) Amendment Act 2017
84: Periodic reviews
1: For each review to be conducted under section 83(c)
a: the aspects of retirement income policies being implemented by the Government of New Zealand that the review is required to address; and
b: the topics to be discussed in the Commissioner’s report.
2: Before giving a notice under subsection (1) the Minister must consult with the Commissioner about the matters to be included in it.
3: The Minister must, as soon as practicable after giving a notice under subsection (1), present a copy of that notice to the House of Representatives.
4: Each review conducted under section 83(c)
5: The Minister must, as soon as practicable after receiving a report under section 83(c) Section 84 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
85: Discretion in relation to performance and exercise of functions and powers
1: Subject to the provisions of this Part and of any other enactment, the Commissioner has complete discretion in the performance or exercise, and the manner of the performance or exercise, of any function or power of the Commissioner.
2: Without limiting subsection (1), the Commissioner may at any time, if he or she considers it appropriate,—
a: comment publicly on any matter relating to his or her functions; or
b: deliver to the Minister a report in writing on any retirement income issues that he or she considers the Minister should be advised of.
3: The Minister must, as soon as practicable after receiving a report under subsection (2)(b), present a copy of that report to the House of Representatives. Section 85 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
86: Provisions applying to Commissioner
The provisions in Schedule 6 Section 86 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005 Transitional and miscellaneous provisions Heading added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
87: Continuation of office, appointment of Commissioner, and employment of employees
1: The office continued by section 82
2: On the commencement of this Part, the person who, immediately before that commencement, held office as Retirement Commissioner under the Retirement Income Act 1993 is to be taken to have been appointed as Commissioner under section 28
a: for a term that expires on 16 January 2010; and
b: subject to the determination under the Remuneration Authority Act 1977
3: This Part does not affect the employment of any person who, immediately before the commencement of this Part, was an employee of the Retirement Commissioner. Section 87 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
88: Application of this Part to matters commenced under Retirement Income Act 1993 or Retirement Villages Act 2003
1: The Commissioner may continue or complete any act, matter, or thing commenced by the Commissioner under the Retirement Income Act 1993 or the Retirement Villages Act 2003
2: The provisions of this Part apply with all necessary modifications to the continuation or completion of any act, matter, or thing referred to in subsection (1). Section 88 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005
89: References to New Zealand Superannuation Act 2001
Unless the context otherwise requires, any reference to the New Zealand Superannuation Act 2001 in any enactment, rule, order, agreement, deed, or document of any other kind in force on the commencement of this section must be read as a reference to the New Zealand Superannuation and Retirement Income Act 2001. Section 89 added 21 April 2005 section 7 New Zealand Superannuation and Retirement Income Amendment Act 2005 |
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 |
DLM112170 | 2001 | Fisheries Amendment Act 2001 | 1: Title
1: This Act is the Fisheries Amendment Act 2001.
2: In this Act, the Fisheries Act 1996 the principal Act
2: Commencement
This Act comes into force on 1 October 2001.
3: Interpretation
Section 2(1) observer ordinarily resident in New Zealand sections 2(2) and 2(2A) of the Overseas Investment Act 1973 .
4: Meaning of term associated person
Sections 3 3A
5: Notification of eligibility to receive provisional catch history
Section 35(3)(c) subsection (2)(e) subsection (2)(ea)
6: Notification of allocation of provisional catch history
Section 36(1) section 35(2)(e) section 35(2)(ea)
7: Transfer of provisional catch history
1: Section 37(1) paragraph (b)
b: the transferee complies with section 45(a) and (b)
2: Section 12 Fisheries (Remedial Issues) Amendment Act 1998
8: Administration of
sections 56 57
1: Section 57A subsection (2)
2: For the purposes of this section and sections 56 and 57 Overseas Investment Act 1973 section 14A sections 56 and 57
a: as if this section and sections 56 and 57 sections 56 and 57
b: as if references in that Act to the Minister of Lands were references to the Minister as defined in section 2(1) of this Act
c: with all other necessary modifications.
2: Section 19(2) Fisheries Act 1996 Amendment Act 1999
9: Aggregation limits
1: Section 59 subsections (6) (9)
2: Section 59
10: For the purposes of this section and sections 60(4) and 61 person
a: any person who is in partnership with the person:
b: any person who is a director or employee of any company of which the person is a director or employee:
c: any person who is a relative of the person as defined in paragraph (a) of the definition of that term in section OB 1 of the Income Tax Act 1994
d: any person who would be an associated person under the test provided in section OD 7 of the Income Tax Act 1994 subparagraph (a)(v) of the definition of market value circumstance
e: any beneficiary or trustee of any trust of which the person is a trustee or beneficiary.
11: Despite subsection (10)
a: the Commission is not to be regarded as being included with any other person; and
b: No person is to be regarded as being included with any other person merely because either or both of those persons would be included with the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand Act 1989
d: No person is to be regarded as included with any other person solely because they are both beneficiaries of the same trust.
10: Minister may consent to persons holding quota in excess of aggregation limits
Section 60(4) any person (within the meaning of section 59(10) and (11)
11: Quota held in excess of aggregation limits to be forfeit
Section 61 subsection (5)
5: In this section, person section 59(10) and (11)
12: Provisions relating to forfeit property
1: Section 62(4)(c) associated (as defined in section 3 of this Act an associated person of
2: Section 62
15: In this section, associated person section 59(10) section 59(11)
13: Minimum holdings of annual catch entitlement
1: Section 74(2)(b) (or as at the beginning of the Foveaux Strait dredge oyster season, where a reduction in the total allowable commercial catch for those oysters occurs after the beginning of the fishing year but before the commencement of that season in that year)
2: Section 74(2) (or, if appropriate, at the beginning of the Foveaux Strait dredge oyster season)
14: New
sections 78 to 79B
1: The principal Act is amended by repealing sections 78 79
78: Catch in excess of over-fishing thresholds
1: This section applies where, following the calculation referred to in section 76(1A)
a: a commercial fisher's reported catch for a stock exceeds the commercial fisher's annual catch entitlement for the stock; and
b: that excess is equal to or greater than the over-fishing threshold for the stock, and, where a tolerance level applies to the stock, is greater than that tolerance level.
2: In such a case the current fishing permit of the commercial fisher and of any person included with the commercial fisher under subsection (10)
3: The condition takes effect as from the close of the month in which the calculation referred to in section 76(1A)
4: The chief executive must—
a: notify the imposition of the condition under subsection (2)
b: record on the Permit Register details of the imposition of the condition,—but any delay or failure to give that notification or make that record does not affect the imposition of the condition.
5: A commercial fisher who has requested a review under section 80(2) section 80(6)
6: Despite subsection (2)
a: approve the taking of fish, aquatic life, or seaweed in an area by a person who would otherwise be subject to the condition imposed by subsection (2)
b: impose as part of the approval any conditions that he or she considers necessary to reduce the risk of the person taking the stock for which the over-fishing threshold was exceeded.
7: Conditions imposed under subsection (6)
8: No person may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (2)
a: the person has obtained the prior approval of the chief executive to take fish, aquatic life, or seaweed in that area; and
b: the taking is in accordance with any conditions imposed by the chief executive.
9: Conditions imposed by subsection (2) subsection (6)
a: when the commercial fisher referred to in subsection (1)
b: at the close of the relevant fishing year,—whichever happens first.
10: If a person takes any fish, aquatic life, or seaweed in contravention of any conditions imposed by subsection (2) subsection (6) section 252(3)
11: For the purposes of subsection (2)
a: a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993
c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
12: Despite subsection (11)
a: the Commission is not to be regarded as being included with any other person; and
b: No person is regarded as being included with another person merely because either or both of those persons would be included with the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand Act 1989
78A: Other persons may be subjected to same conditions as commercial fisher with catch in excess
1: Where a fishing permit of a person ( person A section 78(2) person B
a: person B is, in respect of commercial fishing, in substance person A; or
b: person B has, in substance, control of the commercial fishing of person A that led to the condition being imposed under section 78(2)
c: person B is allowing person A to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the condition treated as being contained in person A's permit.
2: Without limiting subsection (1)
a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
b: any trust that has a relationship to person B or person A:
c: family, domestic, and business relationships between—
i: person B and person A; and
ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b)
d: whether person B is accustomed to following the instructions of person A:
e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.
3: Whether any of paragraphs (a), (b), and (c) of subsection (1)
4: The chief executive must—
a: give notice to person B of the condition imposed under subsection (1)
b: record on the Permit Register details of the imposition of the condition.
5: Any condition imposed under subsection (1)
6: Subsections (6), (7), (8), and (10) of section 78 subsection (2) of that section section 78(6)(b) section 78(6)
7: Any conditions imposed on person B under this section or section 78(6)
a: when the commercial fisher referred to in section 78(1) section 78(9)(a)
b: at the close of the relevant fishing year,—whichever happens first.
8: If—
a: a person ( person B person A section 78(2)
b: person B, knowing that the condition exists, conducts commercial fishing that would be a breach of the condition imposed on person A's fishing permit,—then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3)
9: If a person ( person B person A section 78(2) section 252(3)
78B: Removal of conditions on other persons
1: A person who has had a condition imposed on his or her fishing permit under section 78(2) section 78(11) section 78A(1) section 78(2) and (11) or section 78A(1)
2: In determining an application under subsection (1)
79: Suspension of permit for non-payment of deemed value
1: If the total amount of deemed values owed by any commercial fisher exceeds $1,000 and has not been satisfied within the time limit specified in section 76(5) subsection (5)
2: The chief executive must—
a: notify every suspension or cessation of suspension of a fishing permit under subsection (1)
b: record on the Permit Register details of any suspension or cessation of suspension of a fishing permit under subsection (1)
3: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended.
4: A commercial fisher who has requested a review under section 80(2) section 80(6)
5: For the purposes of subsections (1) and (2)
a: a subsidiary of the commercial fisher within the meaning of section 5 of the Companies Act 1993
b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 of the Companies Act 1993
c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture.
6: Despite subsection (5)
a: the Commission is not to be regarded as being included with any other person; and
b: No person is regarded as being included with another person merely because either or both of those persons would be included with the Commission but for paragraph (a)
c: No bank registered under the Reserve Bank of New Zealand Act 1989
79A: Suspension of fishing permit of other persons
1: Where a fishing permit of a person ( person A section 79(1) person B
a: person B is, in respect of commercial fishing, in substance person A; or
b: person B has, in substance, control of person A in respect of person A's obligations under any of subsections (3), (3A), and (5) of section 76
c: person B is allowing person A to conduct commercial fishing under person B's permit, for the purpose of assisting person A to fish despite the suspension of person A's fishing permit.
2: Without limiting subsection (1)
a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
b: any trust that has a relationship to person B or person A:
c: family, domestic, and business relationships between—
i: person B and person A; and
ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b)
d: whether person B is accustomed to following the instructions of person A:
e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.
3: Whether any of paragraphs (a), (b), and (c) of subsection (1)
4: The chief executive must—
a: give notice to person B of the suspension of a fishing permit under subsection (1)
b: record on the Permit Register details of the suspension under subsection (1)
5: The suspension imposed under subsection (1)
6: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended.
7: A suspension of a fishing permit under subsection (1) section 79(1)
8: If—
a: a person ( person B person A section 79(1)
b: person B, knowing of the suspension, is conducting commercial fishing,—then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3)
9: If a person ( person B person A section 79(1) section 252(3)
79B: Removal of suspension, or direction to issue permit
1: This section applies to any person—
a: whose permit has been suspended under section 79(1) section 79(5)
b: whose permit has been suspended under section 79A(1)
c: who has been refused a permit under section 91(6)(c)
2: Such a person may apply to a District Court to—
a: direct that the suspension be removed, either permanently or pending the final determination of the application; or
b: direct that the permit be issued,—on the grounds that the situation relied upon under section 79(1) and (5) or section 79A(1)
3: In determining an application under subsection (1)
a: remove the suspension either totally or partially:
b: direct the removal of the suspension, or the issue of the permit, on such sureties or conditions as the Court considers appropriate.
2: Regulation 6(i) Fisheries (Registers) Regulations 2001 section 78(1) section 78(2)
3: Regulation 6 Fisheries (Registers) Regulations 2001
j: the name of each person whose permit is subject to a condition under section 78(2) or section 78A(1)
4: Part 3 Fisheries (Transfer of Functions, Duties, and Powers to The New Zealand Seafood Industry Council Limited) Order 2001 paragraphs (w) (x) (y)
w: to record on the Permit Register conditions imposed under any of sections 78(2), 78(6), and 78A(1) of the Act
x: to record on the Permit Register when conditions imposed under any of sections 78(2), 78(6), and 78A(1) of the Act section 78(9) section 78B of the Act .
15: Issue of licences
Section 83(1)(a) an office of the Ministry a place
16: All fishing to be authorised by fishing permit unless specific exemption held
Section 89 subsection (2)
2A: Despite subsection (1)
2B: Subsection (2A)
17: Issue of fishing permit
Section 91 subsection (6)
6: No fishing permit may be issued to any person who—
a: is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5)
b: is a person whose fishing permit is suspended under section 79A
c: the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1)
18: Notification and certification by Secretary of Foreign Affairs and Trade
Section 113C(3)(d)
a: by omitting the words or to the FAO Compliance Agreement
b: by omitting the words those agreements that agreement
19: Taking and transportation of fish, etc, on high seas using New Zealand ships
1: Section 113D(2)(b)(i) permit or an authorisation issued by a state to which section 113E(2)
2: Section 113D subsection (3)
3: Subsection (2)
a: has previously been landed in New Zealand or in any other country; or
b: has not previously been landed in New Zealand or in any other country but was taken in New Zealand fisheries waters and—
i: approval under section 110(1)
ii: the transportation is in accordance with any conditions of that approval.
20: Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons
Section 202 paragraph (a)
aa: whether any quota is associated quota as defined in section 255 .
21: Crown caveats preventing registration of transactions
1: Section 214(1) held by that person or by any associated person owned by that person or associated quota (as defined in section 255
2: Section 214(2) owner of any quota or the owner of any quota alleged to be associated quota
3: Section 214
9: In this section, except for subsection (1) quota quota shares section 255
22: New
section 240 The principal Act is amended by repealing section 240
240: Strict liability
In any proceedings for an offence against this Act it is not necessary for the prosecution to prove that the defendant intended to commit the offence, except in the case of an offence against any of sections 78A(8) and (9), 79A(8) and (9), 231, 233, 235, 257(2), 296B(5), and 296ZC(3)(b) and (c)
23: Penalties
1: Section 252(3) paragraphs (c) (ca)
c: section 78(10)
ca: section 78A(8)
cb: section 78A(9)
cc: section 79A(8)
cd: section 79A(9) .
2: Section 252(3) paragraph (ha) section 21(1) Fisheries (Remedial Issues) Amendment Act 1998 paragraph (he)
3: Section 252 subsection (6)
6: Every person convicted of an offence against any of the following provisions is liable to a fine not exceeding $5,000:
a: section 113M(2)
b: section 121(3)
c: section 186A(8)
d: section 288(5)
4: The following enactments are consequentially repealed:
a: section 21(5) Fisheries (Remedial Issues) Amendment Act 1998
b: section 25(3) Fisheries Act 1996 Amendment Act (No 2) 1999
24: New
section 255 The principal Act is amended by repealing section 255
255: Interpretation—forfeiture provisions
1: In sections 255A to 256 associated quota offender
a: all quota owned by any person that is a subsidiary of the offender within the meaning of section 5 of the Companies Act 1993
b: if the offender has, in the fishing year in which the offence was committed or the immediately preceeding fishing year,—
i: gained any benefit from any quota of a stock ( stock A
ii: that quota is owned by any company of which the offender is a subsidiary (the holding company all quota of every stock of the species or group of species comprised in stock A owned by the holding company or any subsidiary of the holding company at the date the offence was committed:
c: any other quota not owned by the holding company or any subsidiary of the offender or any subsidiary of the holding company, but over which the offender had effective control at the date the offence was committed fish and any proceeds from the sale of such fish section 207 section 212 property used in the commission of the offence
a: means any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing used in respect of the commission of the offence (whether or not seized under section 207
b: does not include any quota, associated quota, or annual catch entitlement quota
a: in relation to a person convicted of an offence (the offender
b: in relation to any other person, means the number of quota shares for each stock that is equivalent to the number owned by the person for the stock at the date the offender committed the offence serious non-commercial offence section 297
2: For the purposes of paragraph (c) associated quota
a: any legal or equitable interest in the quota; or
b: any right, power, or privilege in connection with the quota,—and those interests, rights, powers, or privileges may be determined without regard to the form of any entities in which they are owned or held.
3: Without limiting the generality of paragraph (c) associated quota
a: shareholdings in, debentures over, or directorships of, any company that had an interest (whether direct or indirect) in the quota:
b: any trust that had a relationship to the quota:
c: family, domestic, and business relationships between persons who had an interest in quota, or in companies of the kind referred to in paragraphs (a) and (b) associated quota
d: whether one person was accustomed to following the instructions of the other person in respect of the quota they own:
e: whether one person was accustomed to acting in a manner consistent with advancing the interests of the other person in respect of the quota they own.
4: No quota owned by the Commission is associated quota for the purposes of this Act.
5: No quota owned by any person is associated quota merely because of any relationship between that person and the Commission or any other person and the Commission.
6: No quota owned by any bank registered under the Reserve Bank of New Zealand Act 1989
25: Forfeiture for
section 252(2) (3) (5) Section 255C subsection (3)
3: On conviction of a person for an offence referred to in section 252(2) or (3)
a: any quota is forfeit to the Crown; and
b: any associated quota is forfeit to the Crown, unless the Court is satisfied that section 255E(3B)
26: Forfeiture for
section 252(1) (4) Section 255D(2) paragraph (d)
d: any quota; and
e: any associated quota, unless the Court is satisfied that section 255E(3B)
27: General provisions relating to forfeiture
1: Section 255E(3)
e: associated quota, unless the Court is satisfied that subsection (3B)
2: Section 255E subsection (3)
3A: Where the Court is considering the forfeiture of any quota alleged to be associated quota, the Court must give any person who owns that quota a reasonable opportunity to make submissions and be heard on the questions of whether—
a: the quota is associated quota; and
b: if so, whether or not the Court should find in favour of the owner under subsection (3B)
3B: Where the Court is satisfied that associated quota exists, forfeiture must be considered in accordance with sections 255C(3) and 255D(2)
28: Provisions relating to forfeit property
Section 256
a: by repealing subsections (4)(c) (6)(c)
b: by omitting the expression ; and subsection (8)(a)
c: by repealing subsection (8)(b)
29: Decision of Committee
Section 293(5) 3 months 90 days
30: General regulations
Section 297(1)(o) and any understanding or any understanding
31: Provision relating to minimum quota holdings
Section 357
2: Every person who—
a: immediately before the repeal of section 28S of the Fisheries Act 1983 section 314 of this Act section 28S(1)(a) or section 28S(1)(b) of the Fisheries Act 1983
b: at the beginning of the fishing year in which this section comes into force is allocated, or has transferred to them under section 347 or section 347A Eighth Schedule of this Act section 74(1) of this Act section 74 of this Act section 28S of the Fisheries Act 1983
3: Where a lease was the basis for a person's allocation of annual catch entitlement for any stock referred to in subsection (2)(b) subsection (2)
4: This section is subject to section 340AA
32: Conversion of holdings from old register to new register
1: Section 32(3) Fisheries (Remedial Issues) Amendment Act 2001 principal Act (as substituted by section 74 of the Fisheries Act 1996 Amendment Act 1999
2: Section 74 Fisheries Act 1996 Amendment Act 1999
3: Clause 3(2) Fisheries Act Commencement Order 2001 |
DLM119926 | 2001 | Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001 | 1: Title
1: This Act is the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001.
2: In this Act, the Employment Relations Act 2000 the principal Act
1: Preliminary provisions
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 validate the registration of certain societies as unions under the principal Act, and to provide for matters relating to the validation; and
b: to amend the principal Act to provide that the Employment Relations Authority, in complying with the rules of natural justice, is not required to allow cross-examination of parties or persons, but may, in its absolute discretion, permit such cross-examination.
2: Validation of union registration, and amendments relating to cross-examination
Validation of union registration and related matters
4: Registration of unions validated
1: A society that the Registrar of Unions purported to register as a union before the commencement of the principal Act is deemed to be, and to have always been, registered as a union by the Registrar of Unions on 2 October 2000.
2: The registration of a society as a union on or after the commencement of the principal Act is not to be treated as unlawful or of no effect because the society's application for registration as a union was made, or made and processed, before the commencement of the principal Act.
5: Certificates of registration
1: The certificate of registration of a society that section 4(1)
2: If the certificate of registration of a society that section 4(1) (2) subsection (3)
3: A second certificate of registration has no effect if the certificate was obtained—
a: by a society that section 4(1) (2)
b: after the commencement of the principal Act but before the commencement of this Act.
4: The Registrar of Unions may—
a: issue a certificate of registration, showing a date of registration of 2 October 2000, to replace a certificate of registration referred to in subsection (1)
b: issue a certificate of registration to replace a cancelled certificate of registration referred to in subsection (2)
c: cancel a second certificate of registration referred to in subsection (3)
6: Acts not invalid because of pre-commencement application, processing, or registration
Nothing done by any person (including the Crown, the Registrar of Unions, a society, or an employer) is to be treated as unlawful or of no effect because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
7: No liability
No person (including the Crown, the Registrar of Unions, a society, or an employer) is under any liability, and no compensation is payable to any person, because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
8: Penalties
Nothing in this Act makes anything done or omitted to be done by a person before the commencement of this Act a breach of an employment agreement or the principal Act.
9: Costs
Nothing in this Act affects the power of the Court of Appeal to make an order for costs, or affects any liability to pay costs, in the case of New Zealand Employers Federation Incorporated v National Union of Public Employees (NUPE) and Others Amendments relating to cross-examination
10: Role of Authority
Section 157 subsection (2)
2A: Subsection (2)(a)
11: Procedure
Section 173 subsection (1)
1A: Subsection (1)(a) |
DLM113353 | 2001 | Sale of Liquor Amendment Act 2001 | 1: Title
1: This Act is the Sale of Liquor Amendment Act 2001.
2: In this Act, the Sale of Liquor 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: Term of office of members of Authority
1: Section 86 subsection (1)
1: Except as otherwise provided in this Act, a member of the Licensing Authority holds office for a term stated by the Governor-General on his or her appointment. A member may be reappointed.
1A: Except as provided in subsection (1B)
1B: The term stated may be less than 5 years if—
a: at the time of the appointment concerned—
i: 2 or 3 members hold office; and
ii: each of them was appointed for a term of 5 years; and
b: only 1 member is appointed at that time.
2: Subsections (1) (1B) |
DLM88142 | 2001 | Family Proceedings Amendment Act 2001 | 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 |
DLM88114 | 2001 | Administration Amendment Act 2001 | 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) |
DLM113333 | 2001 | Pork Industry Board Amendment Act 2001 | 1: Title
1: This Act is the Pork Industry Board Amendment Act 2001.
2: In this Act, the Pork Industry Board Act 1997 the principal Act
2: Commencement
1: Sections 3 4
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Management of Board
1: Section 13(2)(a) Five 4
2: Section 13(2)(b)
a: by omitting the expression 2 1
b: by omitting the expression 4 2
4: Schedule 2 Clauses 5(3) (6)(a) 5 4
5: Transitional provision
1: The term of office for directors representing region 1 (as defined in the Pork Industry Board Regulations 1999
2: Subsection (1) |
DLM98377 | 2001 | Social Security Amendment Act (No 2) 2001 | 1: Title
1: This Act is the Social Security Amendment Act (No 2) 2001.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: This Act, except section 4
2: Section 4
3: Persons unlawfully resident or present in New Zealand
Section 74A subsection (2)
2: If subsection (3)
a: the rate of benefit payable to the person is the appropriate rate for an unmarried person (and not the rate for a married person); and
b: the income and assets of both the person and the person's spouse must be taken into account as the person's income and assets in determining the rate of benefit payable to the person.
3: Subsection (2)
a: a person who applies for a benefit before the commencement of this subsection, and who is married to a person who is unlawfully resident or present in New Zealand; and
b: a person, other than a person who is already in receipt of a benefit applied for before the commencement of this subsection that is being paid at the rate for a married person, who applies for a benefit on or after that date, and who is married to a person who is—
i: unlawfully resident or present in New Zealand; or
ii: lawfully resident or present in New Zealand, but only by virtue of one of the permits listed in paragraph (b) of subsection (1)
4: Despite subsection (3)(b)(ii), subsection (2) paragraphs (c), (d), or (e) of subsection (1)
5: Subsection (2) Social Welfare (Transitional Provisions) Act 1990
4: Commencement of benefits
Section 80(2)(b) Act, a sickness benefit, |
DLM113386 | 2001 | Weights and Measures Amendment Act 2001 | 1: Title
1: This Act is the Weights and Measures Amendment Act 2001.
2: In this Act, the Weights and Measures 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: Interpretation
Section 2 food
a: any ingredient or nutrient or other constituent of any food or drink, whether that ingredient or nutrient or other constituent is consumed or represented for consumption by human beings by itself or when used in the preparation of or mixed with or added to any food or drink; and
b: anything that is or is intended to be mixed with or added to any food or drink; and
c: chewing gum, and any ingredient of chewing gum, and anything that is or is intended to be mixed with or added to chewing gum. .
4: Regulations
Section 41 paragraph (u)
ua: regulating the marking and labelling of quantity on any food, and on any package containing food, that is for sale: . |
DLM91707 | 2001 | Takeovers Amendment Act 2001 | 1: Title
1: This Act is the Takeovers Amendment Act 2001.
2: In this Act, the Takeovers Act 1993 the principal Act
2: Commencement
1: This Act (except section 12
2: Section 12
3: Short Title and commencement
Section 1 subsection (3)
3: Section 17 and Part III
4: Interpretation
Section 2(1) Registrar Companies Act 1993 Securities Commission section 9 of the Securities Act 1978
5: New
sections 7A to 7C
1: The principal Act is amended by inserting, after section 7
7A: Chairperson may direct Panel to sit in divisions
1: Subject to subsection (2)
2: The Chairperson must not direct a separate division of the Panel to exercise—
a: any power in connection with the performance of its functions under paragraph (a) or paragraph (b) of section 8(1)
b: the power of the Panel to grant an exemption under section 45(1)(b)
3: The Chairperson may revoke or amend a direction given under subsection (1)
4: Every direction, amendment, or revocation, of a direction must be in writing signed by the Chairperson.
7B: Membership and Chairperson of division
1: Each division must consist of members assigned to it by the Chairperson.
2: If the members appointed to a division do not include either the Chairperson or the Deputy Chairperson, the Chairperson must nominate 1 of those members as Chairperson of that division.
3: If the Chairperson of a division is absent from a meeting of the division, the members present must appoint 1 of themselves as Chairperson of the division for the purposes of that meeting.
7C: Powers of division
1: For the purposes of determining any matter or class of matter specified in a direction under section 7A
a: the Panel is deemed to consist of the division of the Panel specified in the direction; and
b: the powers of any such division are not affected by any changes or vacancies in its membership.
2: A division of the Panel may exercise powers of the Panel under this Act even though another division of the Panel is exercising powers of the Panel at the same time.
2: Section 10 subsection (3)
3: Every meeting of the Panel or of a division of the Panel held for the purposes of section 13 or section 32
a: the Chairperson of either the Panel or the division of the Panel (as the case may be) if the person is a barrister or solicitor of at least 7 years' practice; or
b: a member of the Panel or the division of the Panel (as the case may be) who is a barrister or solicitor of at least 7 years' practice if paragraph (a)
6: Delegation of certain powers by Panel
Section 14(2) of this Act or section 45(1)
7: New
section 15A The principal Act is amended by inserting, after section 15
15A: Sharing of information with Securities Commission
1: The Takeovers Panel may communicate to the Securities Commission any information that the Takeovers Panel—
a: holds in relation to the exercise of the Panel's powers or the performance of its functions and duties; and
b: considers may assist the Securities Commission in the exercise of the Commission's powers or the performance of its functions and duties.
2: The Takeovers Panel may use any information communicated to it by the Securities Commission under section 17A of the Securities Act 1978
3: This section applies despite anything to the contrary in any enactment, contract, deed, or document.
8: New
section 17A The principal Act is amended by inserting, after section 17
17A: Panel deemed to be public authority
1: The Panel is deemed to be a public authority for the purposes of the Inland Revenue Acts.
2: In this section, Inland Revenue Acts section 3(1) of the Tax Administration Act 1994
9: New
Part 2A The principal Act is amended by inserting, after section 31
2A: Registrar's powers of inspection
Inspection
31A: Power of Registrar to inspect documents
1: The Registrar, or any person authorised by the Registrar, may, for the purposes of Part III
a: require any person to produce for inspection any document kept by that person:
b: inspect and make records of a document referred to in paragraph (a)
c: for the purpose of making records of any such document, take possession of the document and remove it from the premises where it is kept, for such period of time as is reasonable in the circumstances.
2: The Registrar must not authorise a person to carry out an inspection under subsection (1)
3: A person authorised by the Registrar to carry out an inspection under subsection (1) 1978 No 103 s 67(1)
31B: Panel to request or approve inspection
1: The Registrar, or any person authorised by the Registrar, must not do any of the things listed in section 31A(1)(a) to (c)
2: A request or approval of the Panel under subsection (1)
a: must be made for the purposes of Part III
b: may relate to a particular case or limited class or classes of cases specified by the Panel.
3: In determining whether to make a request or approval under subsection (1)
4: The fact that the Registrar, or any person authorised by the Registrar for the purposes of section 31A subsection (1) 1978 No 103 s 67(2), (4)
31C: Disclosure of information from inspection
1: On the direction of the Registrar, a person who has made an inspection under section 31A
a: any person specified by the Registrar for the purposes of—
i: Part III
ii: exercising powers conferred by this Act:
iii: detecting and prosecuting offences against any other Act; but those records and information are not admissible in any criminal proceedings against the person from whom the records or information were acquired or any person to whom they relate:
b: a liquidator for the purposes of the liquidation of a company:
c: the Official Assignee for the purposes of a bankruptcy.
2: The Minister or the Panel may, by written notice, require the Registrar to give a direction under subsection (1)
3: This section is subject to section 13 1978 No 103 s 67(5), (6)
31D: Powers not limited
Sections 31A, 31B, and 31C Companies Act 1993 1978 No 103 s 67(7)
31E: Non-disclosure of information from inspection
A person must not communicate to any other person any information acquired in the course of an inspection under section 31A
a: in accordance with section 31C
b: for the purposes of this Act; or
c: in accordance with the Official Information Act 1982 Privacy Act 1993
d: in the course of any criminal proceedings. 1978 No 103 s 67A(1) Offences
31F: Offences
1: Every person commits an offence who—
a: refuses or fails to produce any document for inspection when required to do so under section 31A
b: resists, obstructs, deceives, or attempts to deceive the Registrar, or any person authorised by the Registrar, in carrying out an inspection under section 31A
c: is not authorised by the Registrar to make an inspection under section 31A
d: contravenes section 31E
2: Every person who commits an offence against subsection (1) 1978 No 103 ss 60(1)(a)-(c), 67A(2) Appeals
31G: Rights of appeal
A person who is aggrieved by an act or decision of the Registrar, or of any person authorised by the Registrar, under any of sections 31A to 31C 1978 No 103 ss 68(1), 69A(1)
31H: Time for appeal
An appeal under section 31G
a: within 21 days of the date on which the person was notified of the act, decision, or refusal; or
b: within any longer time allowed by the Court. 1978 No 103 ss 68(1), 69A(1)
31I: Situation while appeal pending
While any appeal made under section 31G
a: the Registrar, or any person authorised by the Registrar, may continue to exercise his or her powers under any of sections 31A to 31C
b: No person is excused from fulfilling his or her obligations under any of those sections by reason of the appeal; and
c: information that is obtained as a result of an inspection to which the appeal relates is not admissible as evidence in any criminal proceedings against the person to whom the information relates. 1978 No 103 s 68(3)
31J: Determination of appeal
The Court must determine the appeal by either dismissing the appeal or giving such directions or making such determination in the matter as it thinks fit. 1978 No 103 ss 68(2), 69A(2)
31K: Requirements where appeal allowed
To the extent that an appeal in respect of an act or decision of the Registrar, or any person authorised by the Registrar, under any of sections 31A to 31C
a: the Registrar must ensure that, as soon as practicable after the decision on the appeal is given, all records made by the Registrar, or by a person authorised by the Registrar, under section 31A(1)(c)
b: No information acquired under paragraph (a) or paragraph (b) of section 31A(1) 1978 No 103 s 68(3)
10: Panel may grant exemptions
1: Section 45 subsection (1)
1: The Panel may, in its discretion and on such terms and conditions (if any) as it thinks fit,—
a: exempt any person from compliance with any provision of the Takeovers Code; and
b: exempt, from compliance with any provision of the Takeovers Code,—
i: any class of persons:
ii: any class of transactions:
iii: any class of offers.
2: Section 45(2) An exemption under subsection (1)(a)
3: Section 45 subsection (2)
2A: An exemption under subsection (1)(b)
4: Section 45 subsection (4)
4A: The Panel's reasons for granting an exemption under subsection (1)
a: why it is appropriate that the exemption is granted; and
b: how the exemption is consistent with the objectives of the Takeovers Code.
11: Regulations
1: Section 46(a)
2: Section 46 paragraph (c)
c: prescribing the fees and charges payable, or the rate at which fees and charges are to be calculated, for the purposes of this Act:
ca: without limiting paragraph (c)
i: in connection with the exercise by the Panel of any power or function conferred on it by this Act:
ii: on an application to the Panel to exercise any power or function conferred on it by this Act:
cb: authorising the Panel to require payment of any costs incurred by the Panel: .
12: New
sections 47 to 49
1: The principal Act is amended by repealing Part 4
47: Amendment to
Official Information Act 1982 The Official Information Act 1982 First Schedule Takeovers Panel
48: Amendment to
Public Finance Act 1989 The Public Finance Act 1989 Fourth and Sixth Schedules Takeovers Panel
49: Repeal of
Companies Amendment Act 1963
1: The Companies Amendment Act 1963
2: Despite subsection (1) Part I of the Companies Amendment Act 1963 section 4 of the Companies Amendment Act 1963
2: Section 3(2)(c) Securities Act 1978
13: Schedule amended
1: Clause 4 subclause (2)
2: Meetings of the Panel must be held at such places, dates, and times, and by such methods, as the Chairperson determines.
2A: A meeting of the Panel may be held either—
a: by a quorum of members being assembled together at the place, date, and time appointed for the meeting; or
b: by means of audio, or audio and visual, communication by which a quorum of members can simultaneously hear each other throughout the meeting.
2: Clause 6(3) Panel, or, of a division of the Panel, as the case may be, |
DLM93300 | 2001 | Local Electoral Act 2001 | 1: Title
This Act is the Local Electoral Act 2001.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions.
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 July 2001 clause 2 Section 2(1) brought into force 25 December 2002 section 42(2) Local Electoral Amendment Act 2002 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is to modernise the law governing the conduct of local elections and polls and, in doing this, to—
a: provide sufficient flexibility in the law to readily accommodate new technologies and processes as they are developed (through the use of regulations to prescribe matters of detail that will be the subject of future change); and
b: adopt uniform rules in relation to—
i: the timing of local elections; and
ii: the right of individuals to vote, stand for election, and nominate candidates for election; and
iii: the appointment, powers, and duties of electoral officers and other electoral officials; and
iv: the compilation of electoral rolls; and
v: the procedures to be adopted for the conduct of elections and polls; and
vi: offences against this Act and penalties for those offences; and
vii: disputed elections; and
viii: electoral expenses; and
ix: extraordinary vacancies; and
c: allow diversity (through local decision-making) in relation to—
i: the particular electoral system to be used for local elections and polls; and
ia: the regular review of representation arrangements for local authorities; and
ii: the particular voting method to be used for local elections and polls; and
d: implement the principles set out in section 4 Section 3(c)(ia) inserted 25 December 2002 section 3 Local Electoral Amendment Act 2002
4: Principles
1: The principles that this Act is designed to implement are the following:
aa: representative and substantial electoral participation in local elections and polls:
a: fair and effective representation for individuals and communities:
b: all qualified persons have a reasonable and equal opportunity to—
i: cast an informed vote:
ii: nominate 1 or more candidates:
iii: accept nomination as a candidate:
c: public confidence in, and public understanding of, local electoral processes through—
i: the provision of a regular election cycle:
ii: the provision of elections that are managed independently from the elected body:
iii: protection of the freedom of choice of voters and the secrecy of the vote:
iv: the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes:
v: the provision of impartial mechanisms for resolving disputed elections and polls.
2: Local authorities, electoral officers, and other electoral officials must, in making decisions under this Act or any other enactment, take into account those principles specified in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.
3: This section does not override any other provision in this Act or any other enactment. Section 4(1)(aa) inserted 21 March 2019 section 9 Local Government Regulatory Systems Amendment Act 2019
1: Preliminary provisions
5: Interpretation
1: In this Act, unless the context otherwise requires,— allotment section 218(2) candidate
a: means a person who has been nominated as a candidate in any election; and
b: includes, in Parts 5 5A census Data and Statistics Act 2022 close of nominations close of voting
a: if booth voting is the method of voting used at the election or poll, 7 pm on polling day:
b: if postal voting is the method of voting used at the election or poll, 12 noon on polling day:
c: if any other method of voting is used at the election or poll, the prescribed time and day at which the period during which an elector may cast a vote at an election or poll ends Commission section 37V section 28 community section 5(1) community board section 5(1) constituency counting program district dormant roll section 109 election local board, elector Electoral Commission section 4B electoral officer section 12(1) electoral official section 12(2) electoral system
a: the system commonly known as First Past the Post:
b: the system commonly known as Single Transferable Voting (STV) using the New Zealand method of counting single transferable votes electronic extraordinary vacancy First Past the Post section 5A general constituency General electoral district section 3(1) general electoral population section 3(1) general ward local authority local board or a local board section 5(1) local board area section 5(1) local government area Māori section 3(1) Māori constituency Schedule 1A Māori electoral district section 3(1) Māori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons, on census day, either—
A: registered as electors of Māori electoral districts; or
B: named on the dormant rolls for Māori electoral districts; by
ii: the total number of Māori persons, on census day, either—
A: registered as electors of Māori electoral districts or General electoral districts; or
B: named on the dormant rolls for Māori electoral districts or General electoral districts; and
b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day Māori ward Schedule 1A member of a local authority Minister New Zealand method of counting single transferable votes Schedule 1A nomination day 57th official document official place
a: vote; or
b: apply for an ordinary or special vote; or
c: inspect the electoral roll; or
d: apply for enrolment or for amendment of the electoral roll; or
e: lodge nominations of candidates for an election on census day poll polling day region section 5(1) regional council section 5(1) roll roll of electors Single Transferable Voting section 5B subdivision a subdivision of a local board area or community, territorial authority section 5(1) voting document
a: an electronic document or electronic message that is designed to enable a voter to record his or her vote at an election or poll and transmit it electronically for counting; and
b: any copy of that document or message (with or without the voter's vote recorded); and
c: any record of that document or message with the voter's vote recorded voting method
a: the method of voting commonly known as booth voting:
b: the method of voting commonly known as postal voting:
c: any form of electronic voting:
d: any method of voting involving a combination of or choice between
e: any other method of voting (however described) voting period
a: if booth voting is the method of voting used at the election or poll, the period between 9 am and 7 pm on polling day and any earlier prescribed period:
b: if postal voting is the method of voting used at the election or poll, the period of 22 and a half days ending with 12 noon on polling day:
c: if any other method of voting is used at the election or poll, the prescribed period during which an elector may cast a vote at the election or poll ward
2: In this Act, every reference to the electoral officer is, unless the context otherwise requires, a reference to the electoral officer responsible for the conduct or undertaking of the election or poll or other thing to which the reference relates.
3: In this Act, every reference to an election on a specified date or day is, unless the context otherwise requires, a reference to an election, the polling day for which is on that date or day. 1976 No 144 s 2 Section 5(1) allotment inserted 29 June 2013 section 4(2) Local Electoral Amendment Act 2013 Section 5(1) anonymous repealed 29 June 2013 section 4(1) Local Electoral Amendment Act 2013 Section 5(1) candidate inserted 29 June 2013 section 4(2) Local Electoral Amendment Act 2013 Section 5(1) census inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) census amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1) Chief Registrar of Electors repealed 1 July 2012 section 58(2) Electoral (Administration) Amendment Act 2011 Section 5(1) Commission inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) community substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) community board substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) counting program inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) district substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) dormant roll inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) election amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) Electoral Commission inserted 1 July 2012 section 58(3) Electoral (Administration) Amendment Act 2011 Section 5(1) electoral system amended 25 December 2002 section 4(2) Local Electoral Amendment Act 2002 Section 5(1) First Past the Post inserted 7 July 2004 section 3(1) Local Electoral Amendment Act 2004 Section 5(1) general constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) General electoral district inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) general electoral population inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) general ward inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) local authority amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) local board inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) local board area inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) Māori inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) Māori constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Māori electoral district inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Māori electoral population replaced 31 March 2023 section 14(2) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) Māori ward inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Meek's method of counting votes repealed 25 December 2002 section 4(3) Local Electoral Amendment Act 2002 Section 5(1) New Zealand method of counting single transferable votes inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) New Zealand method of counting single transferable votes amended 7 July 2004 section 3(2) Local Electoral Amendment Act 2004 Section 5(1) nomination day amended 29 June 2013 section 4(3) Local Electoral Amendment Act 2013 Section 5(1) on census day inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) region substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) Registrar of Electors repealed 21 March 2017 section 114 Electoral Amendment Act 2017 Section 5(1) Single Transferable Voting inserted 7 July 2004 section 3(3) Local Electoral Amendment Act 2004 Section 5(1) subdivision amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) voting method amended 9 April 2019 section 4 Local Electoral Matters Act 2019 Section 5(1) ward added 25 December 2002 section 4(1) Local Electoral Amendment Act 2002
5AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 5AA inserted 2 March 2021 section 4 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
5AA: Temporary definition of public notice as result of outbreak of COVID-19
2020-11-01 Local Electoral Act 2001 Repeal of section 5AA Section 5AA repealed 1 November 2020
5A: General description of First Past the Post electoral system
For local electoral purposes, the First Past the Post electoral system,—
a: in the case of an election, has the following features:
i: voters may cast as many votes as there are positions to be filled:
ii: where a single position is to be filled, the candidate who receives the highest number of votes is elected:
iii: where more than 1 position is to be filled, the candidates equal to the number of positions who receive the highest number of votes are elected:
b: in the case of a poll, has the features specified in paragraph (a) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll. Section 5A inserted 7 July 2004 section 4 Local Electoral Amendment Act 2004
5B: General description of Single Transferable Voting electoral system
For local electoral purposes, the Single Transferable Voting electoral system,—
a: in the case of an election for multi-member vacancies, has the following features:
i: voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
ii: a quota for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected:
iv: if insufficient candidates are elected under subparagraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences, and—
A: candidates who then reach the quota are elected; and
B: the candidate with the fewest votes is excluded:
v: the excluded candidate's votes are redistributed according to voters' further preferences:
vi: if insufficient candidates are elected under subparagraphs (iv) and (v), the steps described in subparagraphs (iv) and (v) are repeated until all positions are filled:
b: in the case of an election for a mayoral or single member vacancy, has the following features:
i: voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
ii: an absolute majority of votes for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected:
iv: if no candidate is elected under subparagraph (iii), the candidate with the fewest votes is excluded and that candidate's votes are redistributed according to voters' further preferences:
v: if no candidate is elected under subparagraph (iv), the steps described in subparagraph (iv) are repeated until a candidate is elected:
c: in the case of a poll, has the features specified in paragraphs (a) and (b) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll. Section 5B inserted 7 July 2004 section 4 Local Electoral Amendment Act 2004
6: Act binds Crown
This Act binds the Crown.
7: Application
This Act applies to—
a: every election of the mayor of a territorial authority; and
b: every election of 1 or more members of a territorial authority; and
c: every election of 1 or more members of a regional council; and
ca: every election of 1 or more members of a local board; and
d: every election of 1 or more members of a community board; and
e: every election of 1 or more members of a licensing trust; and
f:
g: any other election to which this Act, or its predecessors, is applied by any other Act, to the extent provided in that Act; and
h: every poll required by any Act to be taken under this Act, or its predecessors; and
i: any other election conducted as a consequence of a direction under section 8
j: any referendum deemed to be a poll by section 9 Section 7(ca) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 7(f) repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
8: Holding of other elections
1: A local authority may direct the electoral officer to conduct an election (whether on behalf of some other person or body or otherwise) that is not required to be held under this or any other Act.
2: More than 1 election may be conducted as a consequence of a direction under this section at the same time.
3: An election conducted as a consequence of a direction under this section may be conducted in conjunction with any other election or poll, or separately.
4: An election conducted as a consequence of a direction under this section is an election to which this Act applies.
5: This section does not prevent a local authority from directing the conduct of an election otherwise than under this section on behalf of some other person or body, if that election is conducted separately from any other election or poll.
9: Holding of referendum
1: A local authority may direct the electoral officer to conduct a referendum that is not required to be held under this or any other Act on—
a: any matter relating to—
i: the services that are provided or that may be provided by the local authority; or
ii: any policy or intended policy of the local authority; or
b: any proposal relating to—
i: the current or future activities or objectives of the local authority; or
ii: the current or future well-being of its local government area.
2: The local authority—
a: must determine whether the matter that is the subject of the referendum affects all or part of its local government area; and
b: must direct the electoral officer to conduct the referendum for all or the appropriate electors of the local government area accordingly.
3: More than 1 referendum may be conducted at the same time as a consequence of a direction under this section.
4: A referendum may be conducted as a consequence of a direction under this section in conjunction with any other election or poll, or separately.
5: A referendum conducted as a consequence of a direction under this section is a poll to which this Act applies.
6: This section does not prevent a local authority from directing the conduct of a referendum otherwise than under this section on a matter or proposal referred to in subsection (1), if that referendum is conducted separately from any election or poll.
7: The result of a referendum conducted as a consequence of a direction under this section is not binding on a local authority—
a: in the case of any matter or proposal relating to the division of any district or region into 1 or more Māori wards or Māori constituencies; or
b: in any other case, unless the local authority resolves otherwise or an enactment provides otherwise. Section 9(7) replaced 2 March 2021 section 5 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
10: Triennial general election
1: The next triennial general election of members of every local authority and community board is on 13 October 2001.
2: A general election of members of every local authority , local board, 1976 No 144 s 4 Section 10(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
11: Triennial general election not necessary in certain cases
Despite section 10 , local board, , local board, 1976 No 144 s 5 Section 11 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Officials
12: Electoral officer
1: For every local authority there must at all times be an electoral officer appointed by the local authority to exercise the powers and carry out the duties conferred on the electoral officer by this Act and any other enactment, in relation to that local authority.
2: The electoral officer may—
a: delegate to any person or class of persons any power or duty under this Act or regulations made under this Act (except this power of delegation):
b: appoint or engage any person or class of persons for the purposes of carrying out any of those powers or duties.
3: An electoral officer, unless he or she dies, resigns, is dismissed from office, or becomes incapable of acting, remains in office until his or her successor comes into office.
13: Deputy electoral officer
1: Every electoral officer must appoint a deputy electoral officer.
2: The deputy electoral officer must act as electoral officer if the electoral officer dies, resigns, is dismissed from office, or becomes incapable of acting, and must continue to act until—
a: the electoral officer is again capable of acting; or
b: a new electoral officer is appointed and comes into office.
3: The deputy electoral officer has all the powers of the electoral officer and must carry out the duties of the electoral officer while the deputy is acting as the electoral officer.
14: Rules applying to electoral officers, deputy electoral officers, and other electoral officials
1: An electoral officer, deputy electoral officer, or other electoral official is not subject to the directions of any local authority , local board,
2: An electoral officer, deputy electoral officer, or other electoral official must not exercise any powers or carry out any duties under this Act or any regulations made under this Act unless he or she has made a declaration containing the prescribed details and the declaration is current.
3: For the purposes of subsection (2), a declaration is current until,—
a: in the case of a declaration made on or after 1 February in the year in which a triennial general election is to be held, the close of 31 January in the third year after the year in which the declaration is made:
b: in the case of a declaration made at any other time, the close of 31 January in the year in which the next triennial general election is to be held.
4: A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is—
a: a candidate in any election to be conducted; or
b: a member of any local authority , local board,
5: The
6: Subsection (1) is subject to section 8(1) section 9(1) Section 14(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 14(4)(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 14(5) amended 25 December 2002 section 5 Local Electoral Amendment Act 2002 Duties of electoral officers
15: General duties of electoral officer
1: An electoral officer is responsible for conducting every election or poll—
a: falling within the description of the type of election or poll he or she was appointed to conduct; and
b: to be held or taken within the local government area for which he or she was appointed to conduct elections and polls.
2: An electoral officer is responsible, in accordance with the provisions of this Act and regulations made under this Act, for—
a: the compilation and certification of electoral rolls:
b: the publication of any public notice relating to elections and polls and the calling of nominations, required to be given:
c: receiving nominations, candidate profile statements, and deposits required to be paid:
d: issuing and receiving ordinary and special votes and other official documents:
e: the processing and counting of votes:
f: the declaration of results:
g: receiving returns of electoral donations and
h: investigating possible offences and reporting alleged offences to the Police.
3: The electoral officer has all the powers and duties conferred on the electoral officer by this Act or any other enactment.
4: Subsections (1) and (2) are subject to sections 16 to 19 Section 15(2)(g) amended 29 June 2013 section 5 Local Electoral Amendment Act 2013
16: Conduct of elections and polls for territorial authorities
, local boards, Every election of 1 or more members of a territorial authority and its local boards and community boards or those local boards or community boards section 15 1976 No 144 s 5B(1) Section 16 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 16 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
17: Conduct of elections and polls for local authorities that are not territorial authorities
Every election of 1 or more members of a local authority that is not a territorial authority by the electors of a local government area or poll of those electors must be conducted by the electoral officer for the local authority as provided in section 15 section 18 section 19
18: Conduct of election or poll in conjunction with other election or poll
If section 17
a: the electoral roll for the election or poll comprises the relevant part or parts of the electoral roll or rolls compiled by the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority and the relevant details of any other person qualified to vote at the election or poll; and
b: it is not necessary for the electoral officer of the local authority that is not a territorial authority to compile and certify that electoral roll; and
c: the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority are responsible for—
i: issuing and receiving ordinary and special votes and other official documents; and
ii: carrying out any power or duty delegated to that officer or officers under section 12(2)(a)
iii: carrying out any power or duty that the officer or officers have been appointed or engaged to carry out under section 12(2)(b)
d: if any electors at the election or poll are in a local government area that is not within the district of a territorial authority, the duties referred to in paragraph (c) must, in respect of those electors, be carried out by one of the electoral officers referred to in that paragraph appointed by the local authority for whom the election is held or poll is taken. Section 18(c) substituted 7 July 2004 section 5 Local Electoral Amendment Act 2004
19: Conduct of separate election or poll
1: If section 17
a: carry out all duties required by section 15(2)
b: require the electoral officer or electoral officers of the territorial authorities wholly or partly within the local government area of the local authority that is not a territorial authority to take responsibility for carrying out any duty delegated to that person under section 12(2)
2: If any of the electors at the election or poll are in a local government area that is not within the district of a territorial authority and subsection (1)(b) applies, the duties referred to in subsection (1)(b) must, in respect of those electors, be carried out by one of the electoral officers referred to in that paragraph, appointed by the local authority for whom the election is held or poll is taken. Duties of programmers and certifiers Heading inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
19AA: Duties of programmers
Every person responsible for the design of a counting program intended to implement the New Zealand method of counting single transferable votes must take all reasonable steps to ensure that the program produces outcomes that are consistent with the process specified in Schedule 1A Section 19AA inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
19AB: Duties of certifiers
A counting program may not be used at an election or poll under this Act, for the purpose of implementing the New Zealand method of counting single transferable votes, unless a certifier appointed for the purpose by the Secretary for Local Government has first certified that the program produces outcomes that are consistent with the process specified in Schedule 1A Section 19AB inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
1A: Representation arrangements for elections of territorial authorities, regional councils,
local boards, Part 1A inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Part 1A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19A: Membership of territorial authorities
Every governing body of a territorial authority is to consist of not fewer than 6 members nor more than 30 members, including the mayor, who are the members of the territorial authority. 1974 No 66 s 101C Section 19A inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19B: Basis of election of mayor of territorial authority
1: The mayor of a territorial authority is to be elected by the electors of the district as a whole.
2: The election of the mayor is to be held at the same time as the general election of the other members of the territorial authority. Section 19B inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19C: Basis of election of members of territorial authority
1: A district of a territorial authority may be divided into wards for electoral purposes.
2: If a district is divided into wards, some of the members of the territorial authority may be elected by the electors of the district as a whole, but, in that case, the other members of the territorial authority must be elected by the electors of each ward of the district.
3: Each ward must elect at least 1 member of the territorial authority.
4: If a district is not divided into wards, the members of the territorial authority must be elected by the electors of the district as a whole.
5: If a district is divided into wards, each member of the territorial authority representing a ward must be elected by the electors of that ward. 1974 No 66 ss 101D(1), (3) 101E(1), (3), (4) Section 19C inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19D: Membership of regional councils
Every governing body of a regional council is to consist of not fewer than 6 members nor more than 14 members, who are the members of the regional council. 1974 No 66 s 101CA Section 19D inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19E: Basis of election of members of regional council
1: A region must be divided into constituencies for electoral purposes.
2: The members of a regional council must be elected by the electors of each constituency of the region.
3: The members of a regional council may not be elected partly by the electors of the region and partly by the electors of each constituency of the region.
4: Each constituency must elect at least 1 member of the regional council.
5: The members of the regional council representing the respective constituencies of the region must be elected by the electors of those constituencies respectively. 1974 No 66 ss 101D(2), (3) 101E(1), (2) Section 19E inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19EA: Membership of local boards
1: Every local board—
a: must consist of not fewer than 5 members nor more than 12 members, including the chairperson; and
b: must include at least 5 elected members; and
c: may, if an Order in Council under section 25
2: The maximum number of members appointed under subsection (1)(c) must be less than half the total number of members.
3: The persons who are appointed under subsection (1)(c) as members of the local board must—
a: be members of, and must be appointed by, the governing body for the district in which the local board area is situated; and
b: be members of the governing body representing a ward that is wholly or predominantly within the local board area. Section 19EA inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19EB: Basis of election of chairperson of local board in certain circumstances
1: This section applies if an Order in Council under section 25
2: If this section applies, the chairperson of the local board is to be elected by the electors of the local board area as a whole.
3: An election under subsection (2) is to be held at the same time as the general election of the other members of the local board. Section 19EB inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19EC: Basis of election of members of local board
1: A local board area may be subdivided for electoral purposes.
2: Each subdivision must elect at least 1 member of the local board.
3: If a local board area comprises 2 or more whole wards, the elected members of the local board may be elected by the electors of each ward.
4: If the local board area is not subdivided for electoral purposes, the members of the local board must, unless they are to be elected in accordance with subsection (3), be elected by the electors of the local board area as a whole.
5: If a local board area is subdivided for electoral purposes or if the members of the local board are to be elected in accordance with subsection (3),—
a: each member of the local board who represents a subdivision must be elected by the electors of that subdivision; and
b: each member of the local board who represents a ward must be elected by the electors of that ward. Section 19EC inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19F: Membership of community boards
1: Every community board—
a: is to consist of not fewer than 4 members nor more than 12 members; and
b: is to include at least 4 elected members; and
c: may include appointed members.
2: The number of appointed members is to be less than half the total number of members.
3: The persons who are appointed under subsection (1)(c) as members of the community board must—
a: be members of, and must be appointed by, the territorial authority for the district in respect of which the community is constituted; and
b: if the territorial authority is divided into wards, also be members of the territorial authority representing a ward in which the community is situated. 1974 No 66 s 101ZQ(1), (2), (5) Section 19F inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19G: Basis of election of members of community board
1: The part of a district in respect of which a community is constituted may be subdivided for electoral purposes.
2: Each subdivision must elect at least 1 member of the community board.
3: If a community comprises 2 or more whole wards, the elected members of the community board may be elected by the electors of each ward.
4: If the community is not subdivided for electoral purposes, the members of the community board must, unless they are to be elected in accordance with subsection (3), be elected by the electors of the community as a whole.
5: If a community is subdivided for electoral purposes or if the members of the community board are to be elected in accordance with subsection (3),—
a: each member of the community board who represents a subdivision must be elected by the electors of the subdivision; and
b: each member of the community board who represents a ward must be elected by the electors of that ward. 1974 No 66 s 101E(5) Section 19G inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19H: Review of representation arrangements for elections of territorial authorities
1: A territorial authority must determine by resolution, and in accordance with this Part,—
a: whether the members of the territorial authority (other than the mayor) are proposed to be elected—
i: by the electors of the district as a whole; or
ii: by the electors of 2 or more wards; or
iii: in some cases by the electors of the district as a whole and in the other cases by the electors of each ward of the district; and
b: in any case to which paragraph (a)(i) applies, the proposed number of members to be elected by the electors of the district as a whole; and
c: in any case to which paragraph (a)(iii) applies,—
i: the proposed number of members to be elected by the electors of the district as a whole; and
ii: the proposed number of members to be elected by the wards of the district; and
d: in any case to which paragraph (a)(ii) or paragraph (a)(iii) applies,—
i: the proposed name and the proposed boundaries of each ward; and
ii: the number of members proposed to be elected by the electors of each ward ; and
e: the proposed number of elected members of any local board and, if an Order in Council under section 25
f: whether the elected members of any local board are proposed to be elected—
i: by the electors of the local board area as a whole; or
ii: by the electors of 2 or more subdivisions of the local board area; or
iii: if the local board area comprises 2 or more wards, by the electors of each ward; and
g: in any case to which paragraph (f)(ii) applies,—
i: the proposed name and the proposed boundaries of each subdivision; and
ii: the number of members proposed to be elected by the electors of each subdivision; and
h: in any case to which paragraph (f)(iii) applies, the number of members of the local board proposed to be elected by the electors of each ward; and
i: the proposed name of any local board.
2: The determination required by subsection (1) must be made by a territorial authority,—
a: on the first occasion, either in 2003 or in 2006; and
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA) 19M(1)
3: This section must be read in conjunction with section 19ZH Schedule 1A 1974 No 66 s 101H(1) Section 19H inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19H(1)(d)(ii) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)(e) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)(f) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)(g) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)(h) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)(i) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(2)(b) replaced 29 June 2013 section 6(1) Local Electoral Amendment Act 2013 Section 19H(2A) inserted 29 June 2013 section 6(2) Local Electoral Amendment Act 2013
19I: Review of representation arrangements for elections of regional councils
1: A regional council must determine by resolution, and in accordance with this Part,—
a: the proposed number of constituencies; and
b: the proposed name and the proposed boundaries of each constituency; and
c: the number of members proposed to be elected by the electors of each constituency.
2: The determination required by subsection (1) must be made by the regional council,—
a: on the first occasion, either in 2003 or in 2006; and
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA) 19M(1)
3: This section must be read in conjunction with section 19ZH Schedule 1A 1974 No 66 s 101H(2) Section 19I inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19I(2)(b) replaced 29 June 2013 section 7(1) Local Electoral Amendment Act 2013 Section 19I(2A) inserted 29 June 2013 section 7(2) Local Electoral Amendment Act 2013
19J: Review of community boards
1: A territorial authority must, on every occasion on which it passes a resolution under section 19H section 4(1)(a)
a: there should be communities and community boards; and
b: if so resolved, the nature of any community and the structure of any community board.
2: The resolution referred to in subsection (1) must, in particular, determine—
a: whether 1 or more communities should be constituted:
b: whether any community should be abolished or united with another community:
c: whether the boundaries of a community should be altered:
d: whether a community should be subdivided for electoral purposes or whether it should continue to be subdivided for electoral purposes, as the case may require:
e: whether the boundaries of any subdivision should be altered:
f: the number of members of any community board:
g: the number of members of a community board who should be elected and the number of members of a community board who should be appointed:
h: whether the members of a community board who are proposed to be elected are to be elected—
i: by the electors of the community as a whole; or
ii: by the electors of 2 or more subdivisions; or
iii: if the community comprises 2 or more whole wards, by the electors of each ward:
i: in any case to which paragraph (h)(ii) applies,—
i: the proposed name and the proposed boundaries of each subdivision; and
ii: the number of members proposed to be elected by the electors of each subdivision.
3: Nothing in this section limits the provisions of section 19F 1974 No 66 s 101ZR(3) Section 19J inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19JA: Minor alterations to boundaries by territorial authority
1: A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of local board areas or
2: The territorial authority must be satisfied that,—
a: since the existing boundaries of the wards, communities, or subdivisions of local board areas or
b: the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and
e: so far as is practicable, ward boundaries coincide with community boundaries (if applicable).
3: Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7
4: The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or local board area
5: However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S section 19R(1)(b) section 19Y(3) to (6)
11: A territorial authority must not use this section if the territorial authority—
a: is required to make a resolution under section 19H
b: has, since the last triennial general election, made a resolution under section 19H
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b). Section 19JA inserted 29 June 2013 section 8 Local Electoral Amendment Act 2013 Section 19JA(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19JA(2)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19JA(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19JB: Minor alterations to boundaries by regional council
1: A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.
2: The regional council must be satisfied that,—
a: since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and
e: so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
3: Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7
4: The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).
5: However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the constituencies.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S section 19R(1)(b) section 19Y(3) to (6)
11: A regional council must not use this section if the regional council—
a: is required to make a resolution under section 19I
b: has, since the last triennial general election, made a resolution under section 19I
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b). Section 19JB inserted 29 June 2013 section 8 Local Electoral Amendment Act 2013
19K: Requirements for resolution
1AA: A resolution under section 19H 19I 19J local board,
1: Every resolution specified in subsection (3) must include or be accompanied by a description of each proposed ward, constituency, community, or subdivision, and its proposed boundaries, so as to make each proposed ward, constituency, community, or subdivision readily identifiable to the public.
2: If any resolution under section 19H section 19I section 19J local board,
3: Subsection (1) applies to every resolution under section 19H(1)(a)(ii) section 19H(1)(g) or section 19I(1) section 19J(2)(a) 1974 No 66 s 101H(3), (4) Section 19K inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19K(1AA) inserted 29 June 2013 section 9 Local Electoral Amendment Act 2013 Section 19K(1AA) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19K(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19K(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19L: Distribution of copies of resolution
If a territorial authority or regional council makes a resolution under section 19H section 19I section 19J
a: send a copy of that resolution to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv: the Remuneration Authority; and
b: in the case of a resolution made by a regional council, send a copy of that resolution to every territorial authority whose district or a part of whose district is within the region; and
c: in the case of a resolution made by a territorial authority, send a copy of that resolution to any regional council for a region in which the district of the territorial authority or any part of that district is situated. 1974 No 66 s 101I Section 19L inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19L(a)(iv) replaced 29 June 2013 section 10 Local Electoral Amendment Act 2013
19M: Public notice of proposals and responsibilities in relation to submissions
1: A territorial authority or regional council that makes a resolution under section 19H section 19I section 19J
2: The public notice must—
a: include a statement about how persons interested in the proposals may inspect the full proposals; and
b: specify the communities of interest considered by the territorial authority or regional council as required by section 19T section 19V section 19U
c: specify the ratio of population to proposed members for each proposed ward (if any) or constituency or subdivision (if any), and the reasons for those proposals in terms of section 19V(2)
d: specify a period of not less than 1 month from the date of the first or only publication of the notice within which persons interested in the resolution may make submissions on the resolution to the territorial authority or regional council.
3: A territorial authority or regional council to whom subsection (1) applies must—
a: ensure that any person who makes a submission on the proposal within the period referred to in subsection (2)(d)—
i: is sent a written notice acknowledging receipt of that person's submission; and
ii: is given a reasonable opportunity to be heard by the territorial authority or regional council (if that person so requests); and
b: ensure that the notice given to a person under paragraph (a) contains information—
i: advising that person of that person's opportunity to be heard; and
ii: explaining how that person may exercise that person's opportunity to be heard; and
c: ensure that, except as otherwise provided by Part 7
d: subject to the Local Government Official Information and Meetings Act 1987 1974 No 66 s 101J(1) Section 19M inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19N: Response to submissions
1: The territorial authority or regional council must, within 6 weeks after the end of the period allowed for the making of submissions and specified in the notice given under section 19M
a: consider all submissions received and may, by resolution, make such amendments to the resolution made under section 19H section 19I section 19J
b: give public notice of its proposals.
2: The public notice must—
a: incorporate any amendments resolved under subsection (1)(a); and
b: state both the reasons for the amendments and the reasons for any rejection of submissions; and
ba: specify the communities of interest considered by the territorial authority (as required by sections 19T 19V sections 19U
bb: specify the ratio of population to proposed members for each proposed ward, constituency, or subdivision, and the reasons for those proposals in terms of section 19V(2)
c: specify the right of appeal conferred by section 19O
d: if the territorial authority or regional council has amended its proposals under subsection (1)(a), specify the right of objection conferred by section 19P
3: The territorial authority or regional council by which the public notice was given must—
a: send a copy of that notice to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv: the Remuneration Authority; and
b: if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or any part of that district is situated; and
c: if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region. 1974 No 66 s 101J(3), (6) Section 19N inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19N(2)(ba) inserted 29 June 2013 section 11(1) Local Electoral Amendment Act 2013 Section 19N(2)(bb) inserted 29 June 2013 section 11(1) Local Electoral Amendment Act 2013 Section 19N(3)(a)(iv) replaced 29 June 2013 section 11(2) Local Electoral Amendment Act 2013
19O: Appeals
1: Any person who or organisation (including a local board or section 19H section 19I section 19J
2: That date—
a: must not be earlier than 1 month after the date of the first or only publication of the public notice; and
b: must not, in a year immediately before the year of a triennial general election, be later than 20 December.
3: An appeal lodged under this section—
a: must identify the matters to which the appeal relates:
b: may raise only those matters that were raised in the appellants' submissions. 1974 No 66 s 101J(4) Section 19O inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19O(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19P: Objections
1: If the territorial authority or regional council has, under section 19N(1)(a) section 19H section 19I section 19J local board or section 19O
2: An objection lodged under this section must identify the matters to which the objection relates. 1974 No 66 s 101J(5) Section 19P inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19P(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19Q: Obligation to forward appeals and objections to Commission
If the territorial authority or regional council receives any appeal under section 19O section 19P
a: the resolution made under section 19H section 19I section 19J section 19N(1)(a)
b: a copy of the public notice given under section 19N(1)(b)
c: every submission made to the territorial authority or regional council on the resolution made by the territorial authority or regional council under section 19H section 19I section 19J
d: every appeal and objection received by the territorial authority or regional council under section 19O section 19P
e: such information concerning the communities of interest and population of the district or region or local board area section 19R 1974 No 66 s 101J(7) Section 19Q inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Q(e) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19R: Commission to determine appeals and objections
1: The Commission must—
a: consider the resolutions, submissions, appeals, objections, and information forwarded to it under section 19Q
b: subject to sections 19T 19V sections 19U
i: in the case of a territorial authority that has made a resolution under section 19H
ii: in the case of a regional council that has made a resolution under section 19I
iii: in the case of a territorial authority that has made a resolution under section 19J
2: For the purposes of making a determination under subsection (1)(b), the Commission—
a: may make any enquiries that it considers appropriate; and
b: may hold, but is not obliged to hold, meetings with the territorial authority or regional council or any persons who have lodged an appeal or objection and have indicated a desire to be heard by the Commission in relation to that appeal or objection.
3: The Commission must, before 11 April in the year of a triennial general election, complete the duties it is required to carry out under subsection (1). 1974 No 66 s 101K(1), (2) Section 19R inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19S: Determination of Commission
1: Notice in writing of every determination made under section 19R(1)(b)
2: As soon as practicable after the publication of a public notice under subsection (1), the Commission must send a copy of that notice to—
a: the Surveyor-General; and
b: the Government Statistician; and
c:
d: the Secretary for Local Government.
3: Subject to Part 2AA Schedule 5 section 19R(1)(b) 1974 No 66 s 101K(3)–(5) Section 19S inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19S(2)(c) amended 29 June 2013 section 12 Local Electoral Amendment Act 2013
19T: Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities
and local boards
1: In determining the matters specified in paragraphs (a) to (d) of section 19H(1)
a: that the election of members of the territorial authority (other than the mayor), in one of the ways specified in subparagraphs (i) to (iii) of section 19H(1)(a), will provide effective representation of communities of interest within the district; and
b: that ward boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
c: that, so far as is practicable, ward boundaries coincide with any local board area or
2: In determining the matters specified in section 19H(1)(e) to (h)
a: that the election of members of the local board, in one of the ways specified in section 19H(1)(f)(i) to (iii)
b: that the boundaries of subdivisions coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
c: that, so far as is practicable, subdivision boundaries coincide with ward boundaries. 1974 No 66 s 101L(2), (4) Section 19T inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19T heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19T(1)(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19T(2) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19U: Requirement for effective representation and other factors in determination of membership and basis of election of regional council
In determining the matters specified in paragraphs (a) to (c) of section 19I(1)
a: that the number and boundaries of constituencies will provide effective representation of communities of interest within the region; and
b: that constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
c: that, so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards. 1974 No 66 s 101L(1) Section 19U inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19V: Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
1: In determining the number of members to be elected by the electors of any ward or constituency or subdivision, the territorial authority or regional council and, where appropriate, the Commission must ensure that the electors of the ward or constituency or subdivision receive fair representation, having regard to the population of every district or region or local board area or local board area
2: For the purposes of giving effect to subsection (1), the territorial authority or regional council and, where appropriate, the Commission must ensure that the population of each ward or constituency or subdivision, divided by the number of members to be elected by that ward or constituency or subdivision, produces a figure no more than 10% greater or smaller than the population of the district or region or local board area members elected by the electors of a territorial authority as a whole, if any, and
3: Despite subsection (2),—
a: if the territorial authority or the Commission considers that 1 or more of the following apply, wards and subdivisions of a local board area or a
i: non-compliance with subsection (2) is required for effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority; or
ii: compliance with subsection (2) would limit effective representation of communities of interest by dividing a community of interest between wards or subdivisions; or
iii: compliance with subsection (2) would limit effective representation of communities of interest by uniting within a ward or subdivision 2 or more communities of interest with few commonalities of interest:
b: if the regional council or the Commission considers that effective representation of communities of interest so requires, constituencies may be defined and membership distributed between them in a way that does not comply with subsection (2).
4: A territorial authority or (3) section 19Q(a) to (e)
5: A reference under subsection (4) must be treated as if it were an appeal against the decision of the territorial authority or sections 19R 19S 19Y
6: On receiving a reference under subsection (4), the Commission must determine, under section 19R(1)
a: to uphold the decision of the territorial authority or
b: to alter that decision. 1974 No 66 s 101L(3) Section 19V inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19V(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(2) amended 7 July 2004 section 7 Local Electoral Amendment Act 2004 Section 19V(3)(a) replaced 29 June 2013 section 13(1) Local Electoral Amendment Act 2013 Section 19V(3)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(4) amended 29 June 2013 section 13(2) Local Electoral Amendment Act 2013 Section 19V(4) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013 Section 19V(5) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013 Section 19V(6)(a) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013
19W: Factors in determination of matters in relation to community boards
In determining the matters specified in paragraphs (a) to (i) of section 19J(2)
a: that, in the case of the matters specified in paragraphs (a) to (g) of section 19J(2) local government reorganisation Local Government Act 1974 Local Government Act 2002
b: that the election of members of the community board, in one of the ways specified in subparagraphs (i) to (iii) of section 19J(2)(h)
c: that the boundaries of every community, and of every subdivision of a community, coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes. 1974 No 66 ss 101ZH(2) 101ZL Section 19W inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19W(a) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
19X: Certificate of Government Statistician
1: For the purposes of sections 19H to 19W local board area,
a: a certificate of the ordinarily resident population as shown by the figures for the most recently published census (other than the figures for a census carried out in the year before a triennial general election of a territorial authority or regional council or the year in which such an election is to be held); or
b: a certificate of the ordinarily resident population as assessed by the Government Statistician at any later date assessed by the Government Statistician.
2: Every territorial authority and every regional council must supply to the Government Statistician such information as may be required by the Government Statistician concerning the definition of any area to which any certificate of the kind referred to in subsection (1) is to relate. 1974 No 66 s 101L(5) Section 19X inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19X(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19Y: When determinations take effect
1: If there are no submissions on the proposal publicly notified under section 19M section 19N(1) or local board
2: As soon as practicable after the publication of a public notice under subsection (1), the territorial authority or regional council by which that notice was given must—
a: send a copy of that notice to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv:
v: the Secretary for Local Government; and
b: if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or a part of that district is situated; and
c: if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region.
3: If a territorial authority or a regional council has, under subsection (1), or the Commission has, under section 19S(1) or local board
a: a description or plan of each ward or constituency or community or subdivision has been sent to the Surveyor-General; and
b: the Surveyor-General, or a person appointed by the Surveyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward or constituency or community or subdivision capable of identification.
4: If the description of any ward or constituency or community or subdivision to which subsection (3) applies is defective, but the Surveyor-General, or a person appointed by the Surveyor-General, certifies that it can be amended and the defect overcome without making any change in what was evidently intended to be the area comprised in the description, the description—
a: may be so amended by resolution; and
b: if so amended, has effect as if the provisions of subsection (3) had been complied with.
5: The territorial authority or regional council must reimburse the Commission for any costs incurred by the Commission in obtaining the certificate required by subsection (3) or must meet the cost of the production of that certificate if required to do so by the Surveyor-General.
6: The following provisions apply to every determination of the Commission under this section:
a: it is to come into force at the next triennial general election, except so far as may be necessary to provide for that election; and
b: a copy must be kept at the office of the territorial authority or regional council, and must be available for inspection without fee by any person during normal office hours. 1974 No 66 s 101M Section 19Y inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Y(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19Y(2)(a)(iv) amended 29 June 2013 section 14 Local Electoral Amendment Act 2013 Section 19Y(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Māori wards and Māori constituencies Heading inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19Z: Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies
1: Any territorial authority may resolve that the district be divided into 1 or more Māori wards for electoral purposes.
2: Any regional council may resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.
3: A resolution under this section,—
a: if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and
b: in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and
c: in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and for any associated election, and continues in effect after that until a further resolution under this section takes effect.
4: This section—
a: is subject to clauses 2(5) 4(4)
b: does not apply in relation to a territorial authority or regional council if another enactment requires,—
i: in the case of a territorial authority, that the district be divided into 1 or more Māori wards; or
ii: in the case of a regional council, that the region be divided into 1 or more Māori constituencies.
5: In this section associated election
a: any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election:
b: an election of the members of the body concerned under section 258I 258M
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election. Section 19Z inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Z(3)(c) replaced 2 March 2021 section 6(1) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(4) replaced 2 March 2021 section 6(2) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(5) amended 2 March 2021 section 6(3) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(5)(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
19ZA: Public notice of right to demand poll
Section 19ZA repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZB: Electors may demand poll
Section 19ZB repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZC: Requirements for valid demand
Section 19ZC repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZD: Territorial authority or regional council may resolve to hold poll
Section 19ZD repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZE: Limitation on division into Māori wards or Māori constituencies
Section 19ZE repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZF: Poll of electors
Section 19ZF repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZG: Effect of poll
Section 19ZG repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZH: Basis of election of territorial authority and regional council
If, for the purpose of a triennial general election,—
a: a district of a territorial authority is required to be divided into 1 or more Māori wards; or
b: a region of a regional council is required to be divided into 1 or more Māori constituencies,— the provisions of this Part (other than those of sections 19B 19G 19J Schedule 1A Section 19ZH inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Guidelines Heading inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19ZI: Guidelines in relation to reviews of representation
or minor alterations to boundaries
1: The Commission must issue guidelines identifying factors and considerations for territorial authorities or regional councils to take into account in making determinations under any of the provisions of sections 19H to 19JB Schedule 1A
2: The Commission may, from time to time, amend or revoke any guidelines issued under subsection (1).
3: Any guidelines issued under subsection (1) may relate to territorial authorities or regional councils generally or to a specific class of territorial authorities or regional councils.
4: The Commission must, as soon as practicable after issuing any guidelines under subsection (1),—
a: send a copy of those guidelines to every territorial authority and every regional council; and
b: publish in the Gazette
i: stating that the guidelines have been issued; and
ii: naming the place or places at which copies of the guidelines are available for inspection free of charge or for purchase or both.
5: The Commission must ensure that, so long as the guidelines remain in force, copies of the guidelines are available—
a: for inspection by members of the public free of charge; and
b: for supply to members of the public either free of charge or for purchase at a reasonable price.
6: The provisions of subsections (4) and (5) apply, with all necessary modifications, in respect of any amendment or revocation of any guidelines issued under subsection (1). Section 19ZI inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19ZI heading amended 29 June 2013 section 15(1) Local Electoral Amendment Act 2013 Section 19ZI(1) amended 29 June 2013 section 15(2) Local Electoral Amendment Act 2013
2: Local elections and polls
Electoral rights
20: Right to vote in election or poll
1: Every person whose name appears on the electoral roll in force in any district of a territorial authority or in the local government area of any other local authority as a residential elector or a ratepayer elector is, unless the person has ceased to possess a qualification as a residential elector or ratepayer elector, an elector and is entitled to exercise 1 vote—
a: at every election for which that roll indicates the elector is qualified to exercise a vote; and
b: at every poll for which that roll indicates the elector is qualified to exercise a vote.
2: Every person who has qualified as a residential elector before the close of voting, and who applied to enrol as an elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote—
a: at every election for which that elector is qualified to exercise a vote; and
b: at every poll for which that elector is qualified to exercise a vote.
3: Every person who has qualified as a ratepayer elector before the close of voting and who applied to enrol as a ratepayer elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote—
a: at every election for which that elector is qualified to exercise a vote; and
b: at every poll for which that elector is qualified to exercise a vote.
4: No person is entitled to vote more than once at the same election or poll. 1976 No 144 s 7A
21: Special voting
Any elector may vote at an election or poll as a special voter if—
a: the elector's name does not appear on the copy of the roll used for that election or poll or has been wrongly deleted from that copy; or
b: in the case of an election or poll relating to a ward, local board area, local board area, local board area,
c: the elector is a person to whom, for any other reason, section 20(2) or (3)
d: the elector spoils, loses, or does not receive his or her voting documents; or
e: the elector satisfies the electoral officer that it will not be possible or practicable for the elector to vote by casting an ordinary vote without incurring hardship or undue inconvenience. Section 21(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
22: Voting by special voters
1: Despite anything to the contrary in this Act, a special voter may vote in any manner and subject to any condition prescribed by regulations made under this Act, and the voting documents must be dealt with in the prescribed manner.
2: Subject to this Act and to any regulations made under this Act, the provisions of this Act and any regulations made under this Act, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.
23: Residential electors
Every parliamentary elector is qualified as a residential elector of a local government area if the address in respect of which the person is registered as a parliamentary elector is within the local government area. 1974 No 66 s 101F(1)
24: Ratepayer electors
1: Every parliamentary elector is qualified as a ratepayer elector of a region, a district, a local board area, region, district, local board area, or community
a: that person is identified in the appropriate valuation roll as the sole ratepayer in respect of a rating unit region, district, local board area, or community
b: that person is nominated to be enrolled as a ratepayer elector in respect of a rating unit region, district, local board area, or community owned region, district, local board area, or community
2: Subsection (1) does not authorise the nomination of different persons by the same ratepayer or ratepayers in respect of different properties within the same region, district, local board area, or community 1974 No 66 s 101F(2) Section 24(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)(a) amended 7 July 2004 section 8(a) Local Electoral Amendment Act 2004 Section 24(1)(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)(b) amended 7 July 2004 section 8(b)(i) Local Electoral Amendment Act 2004 Section 24(1)(b) amended 7 July 2004 section 8(b)(ii) Local Electoral Amendment Act 2004 Section 24(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
24A: Electors of Māori wards
1: In the case of a triennial general election, every residential elector of a district who, on the day before polling day for the election,—
a: is registered as a parliamentary elector at an address within a Māori ward; and
b: is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori ward.
2: In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a district—
a: whose entitlement as an elector arises in respect of property in a Māori ward; and
b: who is registered as an elector of a Māori electoral district,— is, at that general election, an elector of that Māori ward.
3: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: is registered as a parliamentary elector at an address within a Māori ward; and
b: is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori ward.
4: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: whose entitlement as an elector arises in respect of property in a Māori ward; and
b: who is registered as a elector of a Māori electoral district,— is, at the election, an elector of that Māori ward. 2001 No 1 (L) s 10(1)(a), (2)(a) Section 24A inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24A(3) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 24A(4) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
24B: Voting rights at triennial general election of territorial authority
1: A person who, under section 24A
a: entitled to vote—
i: at the election of the mayor; and
ii: at the election of the member or members who will represent that Māori ward; and
iii: at the election of the member or members (if any) to be elected to represent the whole of the district; and
iv: at the election of the member or members of the appropriate local board or
b: not entitled to vote at the election of the member or members who will represent any other ward of the territorial authority.
2: No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori ward of that territorial authority. 2001 No 1 (L) s 11 Section 24B inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24B(1)(a)(iv) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
24C: Voting rights at election to fill extraordinary vacancy in respect of Māori ward
1: A person who, under section 24A
2: No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori ward of that territorial authority. 2001 No 1 (L) s 12 Section 24C inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
24D: Electors of Māori constituencies
1: In the case of a triennial general election, every residential elector of a region who, on the day before polling day for the election,—
a: is registered as an elector at an address within a Māori constituency; and
b: is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori constituency.
2: In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a region—
a: whose entitlement as an elector arises in respect of property in a Māori constituency; and
b: who is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori constituency.
3: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: is registered as a parliamentary elector at an address within a Māori constituency; and
b: is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.
4: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: whose entitlement as an elector arises in respect of property in a Māori constituency; and
b: who is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency. 2001 No 1 (L) s 10(1)(a), (2)(a) Section 24D inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24D(3) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 24D(4) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
24E: Voting rights at triennial general election of regional council
1: A person who, under section 24D
a: entitled to vote at the election of the member or members who will represent that constituency; but
b: not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.
2: No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori constituency of that regional council. 2001 No 1 (L) s 11 Section 24E inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
24F: Voting rights at election to fill extraordinary vacancy in respect of Māori constituency
1: A person who, under section 24D
2: No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori constituency of that regional council. 2001 No 1 (L) s 12 Section 24F inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
25: Candidate qualifications
1: Every parliamentary elector is qualified to be a candidate at every election to be held under this Act if that person is a New Zealand citizen.
2: This section is subject to section 58 Section 25(1) substituted 25 December 2002 section 8 Local Electoral Amendment Act 2002
26: Right to nominate candidate
Two or more electors of a local government area or, in the case of an election in any subdivision, 2 or more electors of that subdivision, are qualified to nominate, in the manner provided in section 55 1976 No 144 s 12(1) Electoral systems for elections
27: Local authority may resolve to change electoral systems
1: Any local authority may, not later than 12 September in the year that is 2 years before the year in which the next triennial general election is to be held, resolve that the next 2 triennial general elections of the local authority and its local boards or
2: A resolution under this section—
a: takes effect, subject to paragraph (b), for the next 2 triennial general elections of the local authority and its local boards or
b: continues in effect until either—
i: a further resolution under this section takes effect; or
ii: a poll of electors of the local authority held under section 33
3: This section is subject to section 32
4: In this section, and in sections 28 to 34 associated election local boards or
a: any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election:
b: an election of the members of the body concerned called under section 258I 258M
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election. Section 27(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(1) amended 25 December 2002 section 9(1) Local Electoral Amendment Act 2002 Section 27(2)(a) substituted 25 December 2002 section 9(2) Local Electoral Amendment Act 2002 Section 27(2)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(2)(b)(ii) amended 25 December 2002 section 9(3) Local Electoral Amendment Act 2002 Section 27(4) added 25 December 2002 section 9(4) Local Electoral Amendment Act 2002 Section 27(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(4)(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
28: Public notice of right to demand poll on electoral system
1: Every local authority must, not later than 19 September in the year that is 2 years before the year in which the next triennial general election is to be held, give public notice of the right to demand, under section 29 elections of the local authority and its local boards or
2: If the local authority has passed a resolution under section 27 that takes effect at
a: notice of that resolution; and
b: a statement that a poll is required to countermand that resolution.
2A: Despite subsections (1) and (2), if, on or before the date referred to in subsection (1), the local authority has passed a resolution under section 31
3: This section is subject to section 32 Section 28(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 28(1) amended 25 December 2002 section 10(1) Local Electoral Amendment Act 2002 Section 28(2) amended 25 December 2002 section 10(2) Local Electoral Amendment Act 2002 Section 28(2A) inserted 25 December 2002 section 10(3) Local Electoral Amendment Act 2002
29: Electors may demand poll
1: A specified number of electors of a local authority may , at any time, demand that a poll be held on a proposal by those electors that a specified electoral system be used at the elections of the local authority and its local boards or
2: This section is subject to section 32
3: In this section and sections 30 31 demand specified number of electors Section 29(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 29(1) amended 25 December 2002 section 11 Local Electoral Amendment Act 2002
30: Requirements for valid demand
1: A demand must be made by notice in writing—
a: signed by a specified number of electors; and
b: delivered to the principal office of the local authority.
2: An elector may sign a demand and be treated as one of the specified number of electors only if—
a: the name of that elector appears,—
i: in the case of a territorial authority, on the electoral roll of the territorial authority; and
ii: in the case of any other local authority, on the electoral roll of any territorial authority or other local authority as the name of a person eligible to vote in an election of that local authority; or
b: in a case where the name of an elector does not appear on a roll in accordance with paragraph (a),—
i: the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 Electoral Commission section 115
ii: the address for which the elector is registered as a parliamentary elector is within the local government area of the local authority; or
c: the address given by the elector who signed the demand is—
i: confirmed by the Electoral Commission
ii: within the district of the local authority; or
d: the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the local authority.
3: Every elector who signs a demand must state, against his or her signature,—
a: the elector's name; and
b: the address for which the person is qualified as an elector of the local authority.
3A: If a valid demand is received after 21 February
a: must be held after 21 May in that year; and
b: has effect in accordance with section 34(2)
4: The chief executive section 29
5: This section is subject to section 32 Section 30(1)(b) substituted 25 December 2002 section 12(1) Local Electoral Amendment Act 2002 Section 30(2)(b)(i) amended 1 July 2012 section 58(5) Electoral (Administration) Amendment Act 2011 Section 30(2)(c)(i) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 30(3A) inserted 25 December 2002 section 12(2) Local Electoral Amendment Act 2002 Section 30(3A) amended 26 March 2015 section 6 Local Electoral Amendment Act 2015 Section 30(4) amended 25 December 2002 section 12(3) Local Electoral Amendment Act 2002
31: Local authority may resolve to hold poll
1: A local authority may, no later than 21 February local boards or
2: A resolution may, but need not, specify a date on which the poll is to be held.
2A: The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A
3: The chief executive of the local authority must give notice to the electoral officer of any resolution under subsection (1),—
a: if no date for the holding of the poll is specified in the resolution, as soon as is practicable:
b: if a date for the holding of the poll is specified in the resolution, at an appropriate time that enables the poll to be conducted in accordance with section 33(3)
4: This section is subject to section 32 Section 31(1) substituted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(1) amended 26 March 2015 section 7 Local Electoral Amendment Act 2015 Section 31(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 31(2) substituted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(2A) inserted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(3) substituted 25 December 2002 section 13(2) Local Electoral Amendment Act 2002
32: Limitation on change to electoral systems
Sections 27 to 31
a: a poll on the proposal described in section 29 section 31 section 33
b: another enactment requires a particular electoral system to be used for the election of members of a local authority. Section 32(a) substituted 25 December 2002 section 14 Local Electoral Amendment Act 2002
33: Poll of electors
1: If the electoral officer for a local authority receives notice under section 30(4) section 31(3) section 52
2: Despite subsection (1), if an electoral officer for a local authority receives 1 or more notices under both sections 30(4) 31(3)
3: A poll held under this section must be held not later than 89 days
a: the notice referred to in subsection (1) is received; or
b: the last notice referred to in subsection (2) is received.
3A: Subsection (3) is subject to subsection (2), section 30(3A) section 138A
3B: Voters at a poll held under this section decide the proposal or proposals that are the subject of the poll by voting for one of the electoral systems named in the voting document or, as the case may require, expressing a preference in respect of each of the electoral systems named in the voting document.
4: Every poll under this section that is held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether the electoral system to be used for the next 2 triennial general elections of the local authority and its local boards or
a: the electoral system used at the previous general election of the local authority; or
b: the electoral system specified in any resolution under section 27
c: the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4)
d: the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3)
5: Every poll under this section that is held at some other time determines whether the electoral system to be used at the next but one triennial general election of the local authority and its local boards or
a: the electoral system used at the previous general election of the local authority; or
b: the electoral system specified in any resolution under section 27
c: the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4)
d: the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3) Section 33(2) substituted 25 December 2002 section 15(1) Local Electoral Amendment Act 2002 Section 33(3) amended 26 March 2015 section 8 Local Electoral Amendment Act 2015 Section 33(3A) inserted 25 December 2002 section 15(2) Local Electoral Amendment Act 2002 Section 33(3B) inserted 25 December 2002 section 15(2) Local Electoral Amendment Act 2002 Section 33(4) substituted 25 December 2002 section 15(3) Local Electoral Amendment Act 2002 Section 33(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 33(5) added 25 December 2002 section 15(3) Local Electoral Amendment Act 2002 Section 33(5) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
34: Effect of poll
1: If a poll is held under section 33
a: for the next 2 triennial general elections:
b: for any associated election:
c: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 258I or 258M section 27
2: If a poll is held under section 33
a: for the next but one triennial general election and the following triennial general election:
b: for any associated election:
c: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 258I or 258M section 27 Section 34 substituted 25 December 2002 section 16 Local Electoral Amendment Act 2002 Section 34(1)(c) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 34(2)(c) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Electoral systems for polls
35: Electoral systems for polls
1: Every poll conducted for a local authority must be conducted using an electoral system adopted by resolution of the local authority—
a: for the purposes of the particular poll; or
b: for the purposes of 2 or more polls that are to be conducted at the same time.
2: If a poll is to be conducted for a local authority and there is no applicable resolution, that poll must be conducted using the electoral system commonly known as First Past the Post. Voting methods
36: Voting method for elections and polls
1: Every election or poll conducted for a local authority must be conducted using 1 or more methods of voting adopted by resolution of the local authority—
a: for the purposes of a particular election or poll; or
b: for the purposes of more than 1 election or more than 1 poll, or both, that are to be conducted at the same time.
2: If an election or poll is to be conducted and there is no applicable resolution under subsection (1), that election or poll must be conducted by postal voting.
3: Despite subsections (1) and (2),—
a: if any election or poll is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, the voting method to be used for that election or poll within the district of each territorial authority is the voting method or methods to be used for the election of that territorial authority:
b: if 2 or more elections or 2 or more polls are to be conducted within the district of a territorial authority separately from any election of that territorial authority, and, as a consequence of the operation of subsection (1) or subsection (2), those elections and polls are required to be conducted using different voting methods,—
i: the local authorities concerned must determine which of those voting methods must be used to conduct the elections and polls; and
ii: if no agreement is reached under subparagraph (i), those elections and polls must be conducted by postal voting.
4: Subsection (5) applies if—
a: regulations authorise the use of a voting method, for the purpose of conducting a trial of that method, by a specified class of elector in any specified class of election or poll or in any specified election or poll; and
b: the local authority adopts that voting method for the specified class by resolution in accordance with those regulations.
5: The voting method to be used by the specified class of elector in the election or poll must be the method adopted by resolution under subsection (4).
6: If, under subsection (5), any election or poll of 1 or more territorial authorities in which a voting method is to be used by a specified class of elector is to be conducted in conjunction with 1 or more other elections or polls, that voting method is to be used by the specified class of elector in each of the elections or polls.
7: If subsection (5) or (6) (or both) apply to an election or a poll, the voting method or methods to be used for other electors in the election or poll must be determined in accordance with subsections (1) to (3). Section 36(4) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(5) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(6) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(7) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019
37: Consultation
1: Before passing any resolution under section 36(1) or (4)
2: In determining what resolution is to be adopted under section 36 Section 37(1) amended 9 April 2019 section 6 Local Electoral Matters Act 2019 Electoral rolls
38: Compilation of electoral roll
1: In every year in which a triennial general election is to be held, the electoral officer for every territorial authority must compile a roll of electors of the district of that territorial authority to be known as the electoral roll.
2: If—
a: an election to fill an extraordinary vacancy; or
b: a poll of electors— is to be held within a district at any time other than in conjunction with a triennial general election, the electoral officer for the territorial authority for the district or, as the case may require, the electoral officer of the local authority for whom the election or poll is to be held or taken must compile a roll of electors entitled to vote in that election or poll.
3: Every electoral roll must—
a: include the name of every residential elector and ratepayer elector of the district of the territorial authority or, as the case may require, the local authority for whom the election or poll is to be held or taken who, as at the prescribed date, is entitled, under this Act and regulations made under this Act, to be included in the roll; and
b: include any other prescribed details; and
c: comply with any other prescribed requirements.
4: For the purposes of determining the names and other details of residential electors to be included in the electoral roll, the electoral officer must obtain from the Electoral Commission section 113 Section 38(4) amended 1 July 2012 section 58(6) Electoral (Administration) Amendment Act 2011
39: Public notice of procedures for enrolment as ratepayer on electoral roll
1: The electoral officer—
a: must ensure that public notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector, is given during the month of May in each year in which a triennial general election is held; and
b: must ensure that notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector is delivered with the rates assessment or at least 1 rates invoice delivered by the territorial
c: may give any additional public notice and any specific notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector that the electoral officer considers desirable.
2: Any public notice given under subsection (1) may be given jointly by the electoral officers of 2 or more territorial authorities and, in determining whether that public notice is to be given jointly, each electoral officer must have regard to the effectiveness and cost of the public notice. 1976 No 144 s 7BEB Section 39(1)(b) amended 7 July 2004 section 9 Local Electoral Amendment Act 2004
40: No person to be enrolled more than once for local authority or
local board or The name of any person must not appear more than once in the same electoral roll. Section 40 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
41: Supply of information by
Electoral Commission
1: If the electoral officer wishes to find out whether any person is qualified as a ratepayer elector under section 24 local board area, Electoral Commission
2: The electoral officer may request the Electoral Commission local board area,
3: If the Electoral Commission Electoral Commission must 1976 No 144 s 7BF Section 41 heading amended 1 July 2012 section 58(7) Electoral (Administration) Amendment Act 2011 Section 41(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 41(1) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(2) added 25 December 2002 section 17 Local Electoral Amendment Act 2002 Section 41(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 41(2) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(3) added 25 December 2002 section 17 Local Electoral Amendment Act 2002 Section 41(3) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(3) amended 1 July 2012 section 58(9) Electoral (Administration) Amendment Act 2011
42: Roll to be available for public inspection
1: A copy of an electoral roll must,—
a: if the roll is compiled by an electoral officer of a territorial authority, be kept at the principal office of the territorial authority and at every other place within the district that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept:
b: if the roll is compiled by an electoral officer of a local authority that is not a territorial authority, be kept at the principal office of the local authority and at every other place within the local government area that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept.
2: The electoral officer must give public notice of the place or places where the roll is kept.
3: The electoral officer must ensure that the copy of the roll kept at the principal office of the territorial authority or, as the case may require, the local authority, is open for public inspection at all reasonable hours during a period of not less than 28 days before the closing of the roll in the year in which the roll is compiled.
4: The copy or copies of the roll kept at any other place must be open for public inspection whenever the place is open to members of the public. 1976 No 144 s 7D
43: Inspection of rolls at meetings and hui
1: The electoral officer must, at the request of any person, make the electoral roll available for public inspection, under the supervision of any person nominated by the electoral officer, at any meeting or hui.
2: A request made under subsection (1) need not be granted unless the electoral officer is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.
3: If a roll is made available for public inspection under subsection (1), the roll must be made available at such times and places as the electoral officer thinks fit. 1993 No 87 s 111
44: Application for registration as parliamentary elector
1: Subsection (2) applies to any person who claims to be qualified as a parliamentary elector in respect of an address within the district of a territorial authority but whose name—
a: does not appear on the electoral roll because it does not appear on the appropriate parliamentary roll; or
b: is incorrectly recorded on the electoral roll; or
c: is recorded on the electoral roll with an incorrect address or occupation.
2: Any person to whom this subsection applies may make application for registration or correction of registration as a parliamentary elector in the form prescribed by the Electoral Act 1993 1976 No 144 s 7E
45: Completion of electoral roll
The electoral officer must, as soon as practicable after the closing of the electoral roll, obtain from the Electoral Commission section 113
a: in the case of residential electors, by using that list; or
b: in the case of ratepayer electors, from the applications received until the closing of the electoral roll. 1976 No 144 s 7F Section 45 amended 1 July 2012 section 58(10) Electoral (Administration) Amendment Act 2011
46: Removal of names from electoral roll
1: The electoral officer may at any time remove from the electoral roll the name of any person entered on that roll as a ratepayer elector if, to the knowledge of the electoral officer, that person is no longer qualified in respect of the property for which that person was enrolled.
2: If the name of any person entered on an electoral roll as a ratepayer elector is removed from that roll for any reason other than the death of that person, the electoral officer must immediately give to that person, by notice in writing addressed to that person at that person's last known address, notice of the removal of that person's name. 1976 No 144 s 7FA
47: Amendments to roll
1: The electoral officer may, on the application of any person who is or claims to be entitled to be enrolled or any other person or otherwise, make any necessary corrections to any names, addresses, occupations, abbreviations, marks, or other details, appearing in the electoral roll.
2: Despite subsection (1), the electoral officer must not amend any information received under section 113
3: If the electoral officer receives advice from the Electoral Commission 1976 No 144 s 7G Section 47(3) amended 1 July 2012 section 58(11) Electoral (Administration) Amendment Act 2011
48: Objections to roll
1: Any person may, not later than the day on which the electoral roll closes, object to the electoral roll on either of the following grounds:
a: that any person entered on the roll as a ratepayer elector does not possess the necessary qualification for entry on the roll at the time when the objection is lodged; or
b: that the person making the objection is not on the roll and possesses the necessary qualification to be entered on the roll as a ratepayer elector at the time when the objection is lodged.
2: Every objection must be lodged in writing with the electoral officer and, in the case of an objection under subsection (1)(b), must, if an application for enrolment is required by regulations made under this Act, include a completed application for enrolment.
3: The electoral officer must—
a: inquire into and determine whether or not the objection should be allowed; and
b: give the objector written notice of the decision. 1976 No 144 s 7GA
49: Appeals to District Court in respect of roll
1: Any person aggrieved by any decision of the electoral officer under section 48
2: The appeal may be brought by the appellant lodging a notice of appeal in the office of the District Court that is closest to the principal office of the local authority that appointed the electoral officer.
3: The notice of appeal must be lodged within 7 days after the date on which the appellant receives, under section 48(3)(b)
4: Either before or immediately after lodging the notice of appeal, the appellant must serve a copy of the notice of appeal on the electoral officer.
5: The District Court must fix a time and place for the hearing of the appeal.
6: The appeal must be heard as soon as practicable and the Registrar of the court must notify the appellant and the electoral officer of the time and place of hearing.
7: A District Court Judge must hear and determine the objection and may order—
a: the addition to the roll of the name of any person who possesses the necessary qualifications; and
b: the removal of the name of any person who does not. 1976 No 144 s 7GB
50: Closing of electoral roll
1: An electoral roll closes at the time prescribed in respect of the election or poll to which the roll relates, and remains closed until the election is held or the poll is taken.
2: No alteration or addition may be made in or to any electoral roll while it is closed, except—
a: in cases where an appeal was pending under section 49
b: for the purpose of complying with a claim for enrolment or of an application for the alteration of an entry in the electoral roll, delivered to the electoral officer before the closing of the roll; or
c: if the electoral officer is satisfied that an elector is dead. 1976 No 144 s 7H(3)
51: When roll in force
1: The electoral officer must ensure that the electoral roll is completed and must, before the time prescribed for the certification of the electoral roll, certify that the roll has been compiled.
2: The electoral roll comes into force on the prescribed day in respect of the election or poll for which it was compiled and remains in force until another electoral roll comes into force.
3: Any copy of the electoral roll certified by the electoral officer to be a correct copy of the electoral roll, or of any roll compiled under this Act is, in the absence of evidence to the contrary, sufficient evidence that the roll has been properly compiled.
4: The fact that a copy of any electoral roll has been certified to be a correct copy by any person purporting to be authorised to do so is, in the absence of evidence to the contrary, sufficient evidence that the person is so authorised. 1976 No 144 ss 7H, 7I
3: Conduct of elections and polls
Notice of election or poll
52: Notice of election or poll
1: An electoral officer responsible for the conduct of an election or poll must give public notice of that election or poll—
a: stating the date of the election or poll; and
b: identifying the local government area in respect of which the election or poll is to be held; and
c: identifying the electoral officer or electoral officers who will be responsible for conducting the election or poll; and
d: stating the electoral system to be used for the election or poll; and
e: stating the voting method or voting methods to be used for the election or poll; and
f: advising electors of—
i: the day and time when the electoral roll closes; and
ii: when and how the electoral roll may be inspected; and
iii: when and how persons may enrol or amend enrolment details; and
g:
h: containing any other information that is required or allowed to be included in the notice by regulations made under this Act.
2: Notice under subsection (1) must be given not later than 28 days before the earlier of—
a: the closing of the electoral roll; or
b: the day and time by which nominations must be received.
3: If an electoral officer is required to give public notice of more than 1 election or more than 1 poll, or both, the notices required to be given under this section may be combined.
4: An electoral officer who gives public notice under this section must send a copy of that notice to any other electoral officer involved in the conduct of the election or poll. Section 52(1)(g) repealed 25 December 2002 section 18 Local Electoral Amendment Act 2002
53: Additional material to be included in notice in respect of election
In the case of an election, a notice under section 52
a: the day and time by which nominations must be received; and
b: the rights of a candidate to submit a candidate profile statement and the manner in which it may be submitted; and
c: the manner in which nominations must be made; and
d: the amount of any deposit required to be paid in respect of nominations and the manner in which that deposit must be paid; and
e: the number of vacancies to be filled.
54: Additional material to be included in notice in respect of poll
In the case of a poll, a notice under section 52
a: state the proposal or subject matter of the poll; and
b: in the case of a binding poll, state the consequences of each possible result of the poll; and
c: in the case of a non-binding poll, state the intentions (if any) of the local authority or other body on whose behalf the poll is conducted in respect of each possible result of the poll. Candidacy
55: Nomination of candidates
1: Any 2 electors who are qualified to nominate a candidate may nominate a person who is qualified to be a candidate as a candidate at an election—
a: in the prescribed manner; and
b: before 12 noon on nomination day (the close of nominations).
2: An electoral officer must not accept the nomination of a candidate unless—
a: the person nominated, by notice in writing, consents to nomination and certifies that he or she is qualified to be a candidate under section 25 section 58
b: the person nominated is qualified to be a candidate; and
ba: each of the persons who nominated the candidate are persons other than the candidate; and
c: the persons who nominated the candidate are qualified to nominate the candidate; and
d: the nomination complies with subsections (1) and (4); and
e: the electoral officer receives the deposit prescribed for the applicable class of elections; and
f: the electoral officer receives the following together:
i: the nomination paper required by subsection (1):
ii: the consent and certification required by paragraph (a):
iii: the deposit required by paragraph (e).
3: The consent and certification required by subsection (2)(a) may be given in a manner other than in writing that is approved by the electoral officer, if the person nominated is outside New Zealand.
4: A nomination under subsection (1) must state—
a: the name under which the candidate is seeking election:
b: any organisation or group with which the candidate claims to be affiliated for the purposes of identifying that affiliation in the voting documents at the election:
c: whether or not a candidate who does not claim any affiliation referred to in paragraph (b) wishes to be identified in the voting documents at the election as an independent candidate.
5: Any person may inspect any nomination or consent without payment of any fee at any time during ordinary office hours at the office of the electoral officer. Section 55(2)(ba) inserted 25 December 2002 section 19(1) Local Electoral Amendment Act 2002 Section 55(2)(e) replaced 29 June 2013 section 16(1) Local Electoral Amendment Act 2013 Section 55(2)(f) inserted 29 June 2013 section 16(1) Local Electoral Amendment Act 2013 Section 55(3) replaced 29 June 2013 section 16(2) Local Electoral Amendment Act 2013
56: Name of candidate
An electoral officer must not accept the nomination of a candidate if the electoral officer is not satisfied, by the evidence (if any) that the electoral officer requires, that the name under which the candidate is nominated is—
a: the name under which the candidate's birth was registered; or
b: the name registered for the candidate under subpart 6
c: the name by which the candidate was commonly known during the 6 months before nomination day, not being a name that—
i: might cause offence to a reasonable person; or
ii: is unreasonably long; or
iii: is, or includes or resembles, an official title or rank; or
iv: is likely to cause confusion or to mislead electors. Section 56(b) replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 56(c)(iii) substituted 25 December 2002 section 20 Local Electoral Amendment Act 2002
57: Affiliation of candidate
1: If an electoral officer is in any doubt about a candidate's eligibility to claim an affiliation, the electoral officer may require the candidate to produce evidence sufficient to satisfy the electoral officer of the candidate's eligibility to claim that affiliation.
2: If an electoral officer considers that the candidate is not eligible to claim an affiliation or that the affiliation claimed might cause offence to a reasonable person or is likely to cause confusion to or mislead electors,—
a: the electoral officer must, after consultation with the candidate, allow the affiliation that the electoral officer and the candidate agree on to appear on voting documents in place of the affiliation specified in the notice of nomination; or
b: if the consultation referred to in paragraph (a) does not result in agreement or is not reasonably practicable to undertake, the electoral officer must not allow any affiliation in respect of that candidate to appear on voting documents.
3: In this section, an affiliation
57A: Candidacy for more than 1 ward or constituency or subdivision prohibited
No person may, at the same time, be a candidate for election for more than 1 ward or constituency of the same local authority or for more than 1 subdivision of a local board area or Section 57A inserted 25 December 2002 section 21 Local Electoral Amendment Act 2002 Section 57A amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
57B: Candidacy for ward and membership at large prohibited
1: No person may, at the same time, be a candidate for election in a ward and a candidate for election by the electors of the district as a whole as a member of the territorial authority of which that ward forms part.
2: Subsection (1) does not apply to a person who is a candidate for election—
a: as a member in a ward; and
b: as mayor of the territorial authority of which that ward forms part. Section 57B inserted 25 December 2002 section 21 Local Electoral Amendment Act 2002 Section 57B(2) added 7 July 2004 section 10 Local Electoral Amendment Act 2004
58: Candidacy for both regional council and constituent authority prohibited
1: In this section,— constituent authority
a: a territorial authority having jurisdiction over a constituent district; or
aa: a local board for a local board area that is wholly or partly within the region; or
b: a community board for a community that is wholly or partly within the region member
2: No person may, at the same time, be both a candidate for election to a regional council for a region and a candidate for election to a constituent authority of that region.
3: No member of a constituent authority of a region may be a candidate for election to the regional council for the region.
4: No member of a regional council for a region may be a candidate for election to a constituent authority of that region.
5: Subsections (3) and (4) do not apply if a general election of members of the regional council of a region is to be held concurrently with a general election of members of a constituent authority of that region. 1974 No 66 s 101GA Section 58(1) constituent authority inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
58AA: Prohibition on candidacy for local board
1: No member of the governing body of a unitary authority may be a candidate for election as a member of a local board for a local board area within the district of the unitary authority.
2: Subsection (1) does not apply if a general election of members of the governing body of the unitary authority is to be held at the same time as a general election of members of the local board. Section 58AA inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
58A: Prohibition on candidacy for community board
1: No member of a territorial authority may be a candidate for election as a member of a community board that is constituted in respect of part of the district of the territorial authority.
2: Subsection (1) does not apply if a general election of members of the territorial authority is to be held at the same time as a general election of members of the community board. Section 58A inserted 25 December 2002 section 22 Local Electoral Amendment Act 2002
59: Forfeiture of deposit and refund of deposit
1: If the total number of votes received by any candidate is less than the minimum number of votes prescribed for the purposes of this section in relation to the electoral system used at the election, the deposit is forfeited and paid into the general fund of the local authority.
2: The deposit must be returned to the person who paid it or, as the case may require, to his or her personal representatives if—
a: subsection (1) does not apply to the candidate or the candidate—
i: withdraws his or her nomination before the close of nominations; or
ia: has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or
ii: is elected without an election; or
iii: dies before the close of voting; or
iv: becomes incapable under this or any other Act of holding the office for which he or she was a candidate before the close of voting; and
b: the candidate (other than a candidate who dies before the close of voting) complies with section 112A
3: Subsection (2)(a) overrides subsection (1). 1976 No 144 s 15 Section 59(2) substituted 25 December 2002 section 23 Local Electoral Amendment Act 2002 Section 59(2)(a)(i) replaced 29 June 2013 section 17(1) Local Electoral Amendment Act 2013 Section 59(2)(a)(ia) inserted 29 June 2013 section 17(1) Local Electoral Amendment Act 2013 Section 59(2)(b) replaced 29 June 2013 section 17(2) Local Electoral Amendment Act 2013 Section 59(3) added 25 December 2002 section 23 Local Electoral Amendment Act 2002
60: Withdrawal, death, or incapacity of candidate before close of nominations
1: Any candidate at an election may, before the close of nominations, withdraw his or her nomination by written notice given to the electoral officer.
2: If the electoral officer receives notice under subsection (1), the nomination must be treated in all respects as if it had not been made.
3: If the electoral officer receives advice before the close of nominations that a candidate has died, that candidate's nomination must be treated in all respects as if it had not been made.
4: If the electoral officer receives advice before the close of nominations that a candidate is, or has become, incapable under any Act of holding the office for which he or she is a candidate, that candidate's nomination must be treated in all respects as if it had not been made. 1976 No 144 ss 16, 17(1) Candidate profile statements
61: Candidate profile statements
1: Every candidate may provide to the electoral officer a candidate profile statement that complies with subsection (2) and, if applicable, subsection (3).
2: A candidate profile statement,—
a: if—
i: in English or Māori or both, must not exceed 150 words in each of the languages used in the statement:
ii: in a language other than English or Māori, must not exceed 150 words, or the equivalent, if the language uses symbols rather than words (including any translation of those words into another language provided by the candidate); and
b: must be provided to the electoral officer, together with the nomination paper and other things referred to in section 55(2)(f)
c: must be confined to information concerning the candidate (including any group or organisation with which the candidate claims under section 55(4) , and the candidate's contact details
ca: must state whether or not the candidate's principal place of residence, being the address in respect of which the candidate is registered as a parliamentary elector, is in the local government area for which the candidate seeks election (for example, either My principal place of residence is in the Lambton Ward My principal place of residence is not in the Lambton Ward
cb: if the candidate is seeking election to any other positions in elections to which this Act applies (under section 7
d: must comply with any prescribed requirements; and
e: may include a recent photograph of the candidate alone.
2A: The information required by subsection (2)(ca) and (cb) does not count for the purposes of the word limit under subsection (2)(a).
3: If a candidate profile statement is submitted in Māori and English, the information contained in each language must be substantially consistent with the information contained in the other language.
4: If the electoral officer is not satisfied that a candidate profile statement complies with subsection (2) or, if applicable, subsection (3), the electoral officer must, as soon as practicable, return the statement to the candidate and must—
a: specify the concerns of the electoral officer and the reasons for those concerns; and
b: unless the candidate profile statement does not comply with subsection (2)(b),
5: A candidate is to be treated as having failed to provide a candidate profile statement, if subsection (4)(b)
a: fails to submit an amended candidate profile statement within the period specified in subsection (4)(b); or
b: submits an amended candidate profile statement that, in the opinion of the electoral officer, does not comply with subsection (2) or, if applicable, subsection (3).
6: An electoral officer—
a: is not required to verify or investigate any information included in a candidate profile statement:
b: may include, in or with any candidate profile statement that is published, displayed, or distributed, any disclaimer concerning the accuracy of the information contained in the statement that the electoral officer considers appropriate:
c: is not liable in respect of—
i: any statement contained in or omitted from the candidate profile statement or the work of a translator prudently selected by the electoral officer; or
ii: the exercise of the powers and functions conferred on the electoral officer by this section. Section 61(2)(b) replaced 29 June 2013 section 18(1) Local Electoral Amendment Act 2013 Section 61(2)(c) amended 25 December 2002 section 24(2) Local Electoral Amendment Act 2002 Section 61(2)(ca) inserted 29 June 2013 section 18(2) Local Electoral Amendment Act 2013 Section 61(2)(cb) inserted 29 June 2013 section 18(2) Local Electoral Amendment Act 2013 Section 61(2A) inserted 29 June 2013 section 18(3) Local Electoral Amendment Act 2013 Section 61(4)(b) amended 25 December 2002 section 24(3) Local Electoral Amendment Act 2002 Section 61(5) amended 25 December 2002 section 24(4) Local Electoral Amendment Act 2002
62: Provision of candidate profile statements to electors
1: An electoral officer who receives a candidate profile statement in accordance with section 61
2: Any failure by an electoral officer to comply with this section does not invalidate an election. Procedures after close of nominations
63: If number of candidates does not exceed number of vacancies, candidates to be declared elected
1: If, at the close of nominations for an election, the number of candidates does not exceed the number of vacancies to be filled, the electoral officer must, as soon as practicable after the close of nominations, declare all nominated candidates to be elected.
2: A declaration under subsection (1) must be given by public notice in the prescribed manner. 1976 No 144 s 18(1)
64: Vacancies remaining unfilled to be extraordinary vacancies
If, at the close of nominations for an election, the number of candidates is less than the number of vacancies to be filled, a vacancy remaining unfilled—
a: is an extraordinary vacancy; and
b: is to be treated as occurring on polling day, even though on polling day any other member or members continue in office under section 116 Further notice of election or poll
65: Further notice to electors of election or poll
1: As soon as practicable after the close of nominations or the closing of the electoral roll, whichever is the later, the electoral officer must give further public notice of the election or poll, and of every other election and poll that will be conducted in conjunction with the election or poll.
2: Every notice under subsection (1) must—
a: state the date of the election or poll; and
b: state the day and time at which the voting period begins and ends; and
c: state the electoral system to be used for the election or poll; and
d: state the voting method or voting methods to be used for the election or poll; and
da:
e: contain any other information that is required or allowed to be included in the notice by regulations made under this Act.
3: In the case of an election, a notice under subsection (1) must also state the number of vacancies to be filled and the names and affiliations, if any, of the candidates.
4: A notice under subsection (1) may also contain any other information relating to the conduct of the election or poll that the electoral officer considers desirable to encourage participation by electors in the election or poll. 1976 No 144 s 20(1) Section 65(2)(da) repealed 29 June 2013 section 19 Local Electoral Amendment Act 2013 Scrutineers
66: Scrutineers at election
A candidate may, by notice in writing, appoint 1 or more scrutineers for the purposes of an election.
67: Scrutineers at poll
Any 10 or more electors who are in favour of or opposed to any one proposal at a poll may, by notice in writing, appoint 1 or more scrutineers for the purposes of the poll.
68: General rules affecting scrutineers
1: An appointment under section 66 section 67 24 hours before the close of voting at the election or poll
2: A person appointed as a scrutineer must not act in that capacity until he or she has made a declaration containing the prescribed details.
3: A person must not be appointed as a scrutineer if he or she is—
a: a candidate, in the case of an election; or
b: a member or employee of any local authority or local board or
c: under the age of 18 years.
4: Not more than 1 scrutineer for any candidate or for or against any one proposal may be present at the same place, for the purposes of performing his or her duties as a scrutineer, at the same time.
5: Subject to subsection (4), any scrutineer—
a: may be present when—
i: any step referred to in section 80
ii: a scrutiny to which section 83
iii: votes are being counted under section 84
b: may, while votes are being counted under section 84, inspect any voting documents (whether formal or informal) that are the subject of the count.
6: An electoral officer may, at the request of a scrutineer or candidate made before the close of voting at an election, or at the request of a scrutineer made before the close of voting at a poll, supply to that scrutineer or candidate the names of persons from whom voting documents have been received, either at no cost or for a reasonable price, and in a format that the electoral officer considers appropriate. 1976 No 144 s 27(1)–(3) Section 68(1) amended 25 December 2002 section 26(1) Local Electoral Amendment Act 2002 Section 68(3)(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 68(5) substituted 25 December 2002 section 26(2) Local Electoral Amendment Act 2002 Section 68(6) added 25 December 2002 section 26(2) Local Electoral Amendment Act 2002 Death, incapacity, or invalid or cancelled nominations of candidates Heading replaced 29 June 2013 section 20 Local Electoral Amendment Act 2013
69: Application for cancellation of nomination if candidate incapacitated after close of nominations
1: An application may be made for the cancellation of the nomination of a candidate if the candidate becomes incapacitated after the close of nominations but before the close of voting.
2: The application must be made to the electoral officer by—
a: the 2 electors who nominated the candidate; or
b: if 1 or both electors are unavailable or unable to act for any reason, a person with authority to act on the candidate's behalf.
3: The application must be made on a form provided by the electoral officer, and must be witnessed by a Justice of the Peace or a solicitor.
4: The application must be accompanied by a certificate signed by a medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated.
5: The application must be submitted to the electoral officer—
a: as soon as practicable after the candidate becomes incapacitated; and
b: before the close of voting.
6: The application may be submitted by hand, post, fax, or electronic transmission.
7: In this section,— incapacitated medical practitioner section 114(1)(a) Section 69 replaced 29 June 2013 section 21 Local Electoral Amendment Act 2013
69A: How application for cancellation of nomination dealt with
1: On receiving an application under section 69
2: For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.
3: If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.
4: If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.
5: As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination. Section 69A inserted 29 June 2013 section 21 Local Electoral Amendment Act 2013
70: Death, incapacity, or invalid nomination of mayoral candidate after close of nominations
1: This section applies if, after the close of nominations but before the close of voting, an electoral officer becomes aware that a candidate in a mayoral election—
a: has died; or
b: has become incapable under any Act of holding the office for which the candidate was nominated; or
c: was not validly nominated; or
d: was not qualified to be nominated as a candidate.
2: If it is practicable to do so before polling day, the electoral officer must, by public notice,—
a: give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
b: countermand the notice of the election given under section 65
c: declare the election to be void.
3: Any votes in the election must not be counted but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.
4: A new election must be held and the provisions of section 102 1976 No 144 s 22
71: Death, incapacity, or invalid or cancelled nomination of candidate
1: This section and section 72
a: the electoral officer has cancelled under section 69A
b: the electoral officer becomes aware, after the close of nominations but before the close of voting, that a candidate in any election other than a mayoral election—
i: has died; or
ii: has become incapable under any Act of holding the office for which the candidate was nominated; or
iii: was not validly nominated; or
iv: was not qualified to be nominated as a candidate.
2: If it is practicable to do so before polling day, the electoral officer must give public notice of the death, incapacity, or invalid or cancelled nomination
3: The electoral officer must take such steps as are practicable to ensure that electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination
4: Any failure by the electoral officer to ensure that an elector or electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination
5: If the electoral system used at the election is First Past the Post, any vote cast for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled section 84
6: If the electoral system used at the election is Single Transferable Voting, any preference recorded on a voting document for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled section 84 1976 No 144 s 23(1), (2) Section 71 heading replaced 29 June 2013 section 22(1) Local Electoral Amendment Act 2013 Section 71(1)(a) replaced 29 June 2013 section 22(2) Local Electoral Amendment Act 2013 Section 71(2) amended 29 June 2013 section 22(3) Local Electoral Amendment Act 2013 Section 71(3) amended 29 June 2013 section 22(4) Local Electoral Amendment Act 2013 Section 71(4) amended 29 June 2013 section 22(4) Local Electoral Amendment Act 2013 Section 71(5) substituted 25 December 2002 section 27 Local Electoral Amendment Act 2002 Section 71(5) amended 29 June 2013 section 22(5) Local Electoral Amendment Act 2013 Section 71(6) added 25 December 2002 section 27 Local Electoral Amendment Act 2002 Section 71(6) amended 29 June 2013 section 22(5) Local Electoral Amendment Act 2013
72: If election becomes unnecessary
1: If the death, incapacity, or invalid or cancelled nomination
2: If subsection (1) applies, the votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election. 1976 No 144 s 23(3) Section 72(1) amended 29 June 2013 section 23 Local Electoral Amendment Act 2013 Adjourned elections or polls
73: Adjournment of election or poll
1: This section applies if the electoral officer believes on reasonable grounds that electors are, or are likely to be, denied a reasonable opportunity to cast a valid vote at an election or poll because of—
a: natural disaster; or
b: adverse weather conditions; or
c: the breakdown of communication or energy services; or
d: riot or disorder; or
e: any other event.
2: If this section applies, the electoral officer may adjourn the close of voting for a period not exceeding 14 days, and may continue to adjourn the close of voting, if necessary, until the election or poll can be held or taken, as the case may be.
3: The electoral officer must give public notice of every adjournment under this section as soon as practicable, and may give any other notice that the electoral officer considers desirable. 1976 No 144 s 48
73A: Adjournment of electoral processes
1: The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities , local boards,
a: the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:
b: the nomination day:
c: the polling day:
d: the date by which anything else may or must be done under this Act or regulations made under this Act.
2: The Order in Council must be made in the year in which the triennial general election is to be held.
3: A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.
4: A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.
5: The Order in Council must be made on the recommendation of the Minister.
6: Before recommending the making of the Order in Council, the Minister—
a: must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d)
b: must have consulted every local authority and electoral officer that will be affected.
7: Upon the commencement of an Order in Council made under this section,—
a: a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities , local boards,
b: this Act and any regulations made under this Act apply to the election with any necessary modifications.
8: The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.
9: 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 73A inserted 29 June 2013 section 24 Local Electoral Amendment Act 2013 Section 73A(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 73A(7)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 73A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AB: Adjournment of electoral processes and conduct of polls while epidemic notice in force for COVID-19
Section 73AB repealed 20 October 2022 section 73AC(1)
73AC: Repeal and revocation
2022-10-20 Local Electoral Act 2001 Sections 73AB and 73AC are repealed (and any orders made are revoked): when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act.. Section 73AC repealed 20 October 2022 section 73AC(1)
73B: Electoral officer may abandon voting method
1: The electoral officer may abandon a voting method if, at any time during the voting period, the electoral officer has reasonable grounds to consider that the method has failed or been compromised.
2: Without limiting subsection (1), a voting method fails or is compromised if—
a: a system or facility used for the method fails or malfunctions with the effect that some or all of the votes cast using the method are destroyed or otherwise irretrievable:
b: a system or facility used for the method has been manipulated with the effect that it is not possible for the electoral officer to be satisfied, for some or all of the votes cast using the method, that the votes are recorded accurately.
3: If the voting method involves a combination of or choice between methods, the decision to abandon a method applies only to (and affects only votes cast using) the method that has failed or been compromised.
4: If the electoral officer abandons a voting method,—
a: any votes cast using the method must be disregarded (including for the purpose of section 83(2)
b: an elector whose vote is disregarded may vote again—
i: using another method of voting (if subsection (3) applies); or
ii: by casting a special vote; and
c: if the public notice under subsection (5)(a) is given less than 14 days before the close of voting, the electoral officer must adjourn the close of voting to the date that is 14 days after the public notice is given.
5: The electoral officer must, as soon as is reasonably practicable,—
a: give public notice that the method has been abandoned and of the matters described in subsection (4); and
b: if it is possible to identify electors whose votes have been disregarded, take all reasonable steps to notify those electors that the method has been abandoned and of the matters described in subsection (4).
6: The electoral officer may give any other notice that the electoral officer considers desirable. Section 73B inserted 9 April 2019 section 7 Local Electoral Matters Act 2019 Voting, processing, and counting of votes
74: Electoral officer to maintain security and secrecy at election or poll
The electoral officer must take all reasonable steps to ensure that—
a: the security of voting documents and other electoral records is maintained; and
b: voting documents and other electoral records are dealt with in the prescribed manner; and
c: no electoral official, Justice of the Peace, or scrutineer discloses any information as to any candidate for whom, or the proposal for which, the voter is about to vote or has voted unless that disclosure—
i: is required to conduct the count; or
ii: is otherwise authorised by law or any court of competent jurisdiction; and
d: the processing and counting of votes, and the scrutiny of the electoral roll, are conducted in a manner that facilitates checking of the processes adopted to conduct those duties (whether at a recount, inquiry, or otherwise).
75: What voting documents for election must contain
1: Every voting document for an election must contain the following directions to the voter:
a: the voter should read the directions carefully before voting; and
b: if the First Past the Post electoral system is being used at the election,—
i: how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and
ii: the minimum and maximum number of candidates for which a voter may exercise his or her vote; and
c: if the Single Transferable Voting electoral system is being used at the election,—
i: how and where on the voting document a voter indicates his or her preferences; and
ii: the minimum and maximum number of candidates for which a voter may indicate his or her preferences; and
d: what the voter should do if he or she spoils the voting document; and
e: what the voter must do with the voting document after voting; and
f: any other relevant requirements that are particular to the voting method or the electoral system that is being used.
2: In addition to the directions to the voter, every voting document for an election must contain the following:
a: information necessary to identify the elector on the electoral roll and the voting documents issued to that elector; and
b: the name of the local government area to which the election relates; and
c: the position or positions to be filled at the election; and
d: the name under which each candidate is seeking election, and the name of any organisation or group with which the candidate claims to be affiliated or, if applicable, the status of the candidate as an independent candidate; and
e: information that is necessary to distinguish any candidates that have the same or very similar names; and
f: an illustration of how and where the voter indicates his or her choice or preferences, as the case may be ; and
g: a warning describing the offences that a person may commit under sections 122(1)(a) 123(1)(c) 124(b)
3: Voting documents for an election may contain any other information that the electoral officer considers appropriate to ensure that—
a: all electors who are qualified to vote have a reasonable and equal opportunity to vote (including, without limitation, information in a language other than English); and
b: the secrecy of the vote is maintained. Section 75(2)(f) amended 29 June 2013 section 25(1) Local Electoral Amendment Act 2013 Section 75(2)(g) inserted 29 June 2013 section 25(2) Local Electoral Amendment Act 2013
76: What voting documents for polls must contain
1: Every voting document for a poll must contain the following directions to the voter:
a: the voter should read the directions carefully before voting; and
b: if the First Past the Post electoral system is being used for the poll, how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and
c: if the Single Transferable Voting electoral system is being used for the poll, how and where on the voting document a voter indicates his or her preference; and
d: what the voter should do if he or she spoils the voting document; and
e: what the voter must do with the voting document after voting; and
f: any other requirements that are particular to the voting method or electoral system that is being used.
2: In addition to the directions to the voter, every voting document for a poll must contain the following:
a: information that is necessary to identify the elector on the electoral roll and the voting document issued to that elector; and
b: the name of the local government area to which the poll relates; and
c: a full statement of the proposal of the poll and whether or not the poll is a binding poll or a non-binding poll; and
d: an illustration of how and where the voter indicates his or her choice or preferences, as the case may be ; and
e: a warning describing the offences that a person may commit under sections 122(1)(a) 123(1)(c) 124(b)
3: Voting documents for a poll may contain any other information that the electoral officer considers appropriate to ensure that—
a: all electors who are qualified to vote have a reasonable and equal opportunity to vote (including, without limitation, information in a language other than English); and
b: the secrecy of the vote is maintained. Section 76(2)(d) amended 29 June 2013 section 26(1) Local Electoral Amendment Act 2013 Section 76(2)(e) inserted 29 June 2013 section 26(2) Local Electoral Amendment Act 2013
77: Approval of voting documents for use at elections and polls
A voting document may not be used at an election or poll unless it is consistent with at least 1 of the general formats that have been approved for use by the Secretary for Local Government or a person appointed by the Secretary for the purpose of approving formats for voting documents under this section.
78: Voting
1: An elector may cast a vote using a voting document during the voting period in accordance with regulations made under this Act.
2: No vote received by the electoral officer after the close of voting may be counted, unless permitted by regulations made under this Act.
79: Early processing of votes
Section 79 repealed 29 June 2013 section 27 Local Electoral Amendment Act 2013
80: Processing before close of voting
1: The electoral officer may, at his or her discretion, process during the voting period and in the prescribed manner any voting documents received before the close of voting for any election or poll.
2: Subsection (1) does not require the electoral officer to ensure the taking of any particular step (whether prescribed or otherwise) in relation to the processing of a voting document during the voting period if the electoral officer decides, on reasonable grounds, that it is not efficient to take that step in relation to that voting document in that period.
3: Any step that, in relation to a voting document, is started but not completed at the close of voting must be completed after the close of voting in the prescribed manner.
4: If the processing of a voting document is not completed at the close of voting, the processing of the voting document must be completed after the close of voting. Section 80(1) replaced 29 June 2013 section 28 Local Electoral Amendment Act 2013
81: Scrutineers' presence at processing prohibited before close of voting
1: No scrutineer may be present when any step referred to in section 80
2:
3: Section 81(2) repealed 25 December 2002 section 29 Local Electoral Amendment Act 2002 Section 81(3) repealed 25 December 2002 section 29 Local Electoral Amendment Act 2002
82: Justices of the Peace to observe processing before close of voting
1: The electoral officer must appoint at least 1 Justice of the Peace, and may appoint as many additional Justices as the electoral officer considers necessary, to observe the processing of voting documents under section 80
2: At least 1 Justice appointed under subsection (1) must be present when any step referred to in section 80
3: Every Justice appointed under subsection (1) must give a certificate to the electoral officer stating whether or not the Justice is satisfied that section 80
4: A Justice who gives a certificate stating that he or she is not satisfied that section 80
83: Scrutiny of roll
1: The electoral officer must, in the presence of those scrutineers who choose to be present and any Justice of the Peace appointed under section 82
2: If the electoral officer is satisfied that more than 1 vote has been cast in the name of any elector at the same election or poll, the electoral officer must disallow every vote cast in the name of that elector, in the prescribed manner.
3: Despite subsection (2), if the electoral officer is satisfied that the elector cast only 1 vote and was not in any way involved with the casting of the other vote or votes, the electoral officer must allow the elector's vote and disallow the other vote or votes.
4: Subsection (1) is subject to section 68(4) Section 83(1) amended 7 July 2004 section 12 Local Electoral Amendment Act 2004
84: Counting of votes
1: Immediately after the close of voting, the electoral officer must, in the presence of those scrutineers who choose to be present and any Justice of the Peace appointed under section 82
a: the procedures prescribed for counting in respect of the electoral system used for the election or poll; and
b: the procedures prescribed for counting in respect of the voting method or voting methods used at the election or poll.
2: Subsections (3) to (5) apply if elections for the position of mayor and a member or members of the territorial authority are held at the same time using either the Single Transferable Voting electoral system or the First Past the Post electoral system.
3: If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of mayor and is also a candidate at the election of the member or members of the territorial authority will be declared to be elected as mayor, the electoral officer must endorse that opinion on the candidate's nomination form for the position of mayor.
4: If the electoral officer makes an endorsement under subsection (3), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the territorial authority.
5: If, for any reason, a person is declared to be elected as mayor and that person is also elected to be a member of the territorial authority, section 88
5A: Subsections (5B) to (5D) apply if elections for the position of a member or members of a territorial authority and a member or members of any of its local boards or
5B: If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of member of a territorial authority and is also a candidate at the election of the member or members of any of its local boards or
5C: If the electoral officer makes an endorsement under subsection (5B), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the local board or
5D: If, for any reason, a person is declared to be elected as a member of the territorial authority and that person is also elected to be a member of a local board or section 88A
6: Subsection (1) is subject to section 68(4) Section 84(5A) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5A) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5B) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5B) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5C) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5C) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5D) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5D) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
85: Preliminary results
The electoral officer must, in accordance with the prescribed requirements, make any announcements required by regulations made under this Act concerning the preliminary results of an election or poll. Section 85 substituted 25 December 2002 section 31 Local Electoral Amendment Act 2002
86: Declaration of result
The electoral officer conducting an election or poll must give public notice declaring the official result of the election or poll in the prescribed manner as soon as practicable after—
a:
b: the validity of all special votes has been determined; and
c: all valid votes have been counted. Section 86(a) repealed 7 July 2004 section 13 Local Electoral Amendment Act 2004
87: Death or incapacity of elected candidate before declaration of result of election
1: This section applies if—
a: a candidate in any election dies or becomes incapable under any Act of holding the office for which the candidate was nominated; and
b: the death or incapacity occurs after the close of voting; and—
i: before the declaration of the result of the election under section 86
ii: if an amended declaration of the result of the election is ordered under section 92(3)
c: that candidate would, had the death or incapacity not occurred, have been declared to be elected.
2: If the candidate is a candidate other than a candidate in a mayoral election,—
a: the electoral officer must give public notice declaring any other successful candidate at the election to be elected; and
b: the vacancy arising from the death or incapacity of the candidate is to be treated as an extraordinary vacancy occurring on the date of the declaration or of the amended declaration, as the case may be.
3: If the candidate is a candidate in a mayoral election, the electoral officer must, by public notice,—
a: give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
b: countermand the notice of the election given under section 65
c: declare the election to be void.
4: If subsection (3) applies, any votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.
5: If subsection (3) applies, a new election must be held and the provisions of section 102 1976 No 144 s 44
88: What happens if same person elected as mayor and another member
1: If, at any elections for the mayor and a member or members of a territorial authority held at the same time, a person is declared to be elected as the mayor and that person is also elected to be another member (and that person is not deprived of either office by a recount under section 92 section 93
2: If subsection (1) applies and the elections were conducted using the First Past the Post electoral system, then,—
a: subject to paragraph (b), the electoral officer conducting the election must give an amended declaration under section 86
b: if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must give an amended declaration under section 86
3: If subsection (1) applies and the elections were conducted using the Single Transferable Voting electoral system, then,—
a: subject to paragraph (b), the electoral officer must—
i: determine , in accordance with any regulations made under this Act,
ii: give an amended declaration under section 86
b: if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must—
i: determine , in accordance with any regulations made under this Act,
ii: give an amended declaration under section 86 declaring that unelected candidate to be elected.
4: In every case to which subsection (2) or subsection (3) applies, the period of 21 days referred to in section 93(2)
5: If there is no other candidate who may lawfully be declared to be elected by means of the amended declaration, an extraordinary vacancy in the office of member is to be treated as having occurred on the date on which the mayor came into office as mayor. 1974 No 66 s 101W Section 88(3)(a)(i) amended 25 December 2002 section 32(a) Local Electoral Amendment Act 2002 Section 88(3)(b)(i) amended 25 December 2002 section 32(b) Local Electoral Amendment Act 2002
88A: What happens if same person elected to both territorial authority and
local board or
1: This section applies if, at any elections held at the same time for a member or members of a territorial authority and a member or members of a local board or local board or section 92 section 93
2: If this section applies, the person declared to be elected to both offices must be treated as having vacated office as a member of the local board or community board, as the case may be Section 88A inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88A(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88A(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88B: Amended declaration if election under First Past the Post electoral system
If section 88A
a: subject to paragraphs (b) and (c), the electoral officer conducting the election of members of the local board or section 86
b: if the local board area or local board or community board, as the case may be
c: the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the person who is the highest polling unelected candidate, ignore any unelected candidate for membership of the local board or Section 88B inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88B(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88B(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88B(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88C: Amended declaration if election under Single Transferable Voting electoral system
If section 88A
a: subject to paragraphs (b) and (c), the electoral officer must—
i: determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected as a member of the local board or
ii: give an amended declaration under section 86
b: if the local board area or
i: determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected (at the election in the ward or subdivision at which the person who was elected as a member of the territorial authority was also elected as a member of the local board or community board, as the case may be
ii: give an amended declaration under section 86
c: the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the unelected candidate who is to be declared by the amended declaration to be elected, treat all persons who were elected as members of the territorial authority as if they had never stood for election as members of the local board or Section 88C inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88C(a)(i) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(b)(i) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88D: Application of provision relating to petition for inquiry
In every case to which section 88B section 88C section 93(2) local board or Section 88D inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88D amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88E: What happens if no amended declaration can be made
1: This section applies if, in any case to which section 88A local board or
2: If this section applies, an extraordinary vacancy in the office of member of the local board or local board or Section 88E inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88E(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88E(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88F: What happens if member of
local board or
1: This section applies if, at any election other than an election to which section 88A local board or section 92 section 93
2: If this section applies, the person declared to be elected as a member of the territorial authority must be treated as having vacated office as a member of the local board or Section 88F inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88F heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88F(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88F(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
89: Electoral records
1: As soon as practicable after the completion of the
2: The voting documents and materials referred to in subsection (1) must be deposited with the Registrar of the District Court that, in the opinion of the electoral officer, is nearest to the principal office of the local authority.
3: The Registrar of the District Court must ensure that the voting documents and materials received under subsection (2) or section 102C
a: are kept securely—
i: for a period of 21 days after public notice is given declaring the result of the election or poll; or
ii: in a case where an application is made for a recount or an inquiry
b: are then destroyed.
4: Access to the voting documents and materials received under subsection (2) or section 102C
a: on the order of a court of competent jurisdiction; or
b: in accordance with section 102G(2)(b)
5: In this section and in section 102C specified materials Section 89(1) amended 7 July 2004 section 14 Local Electoral Amendment Act 2004 Section 89(3) amended 9 April 2019 section 8(1) Local Electoral Matters Act 2019 Section 89(3)(a)(ii) amended 9 April 2019 section 8(2) Local Electoral Matters Act 2019 Section 89(4) amended 9 April 2019 section 8(3) Local Electoral Matters Act 2019 Section 89(4)(b) amended 9 April 2019 section 8(4) Local Electoral Matters Act 2019 Section 89(5) amended 9 April 2019 section 8(5) Local Electoral Matters Act 2019
4: Disputed elections and polls
Recount of votes cast at election
90: Application for recount
1: If any candidate has reason to believe that the public declaration by the electoral officer of the number of votes received by any candidate is incorrect, and that on a recount of those votes the first-mentioned candidate might be elected, he or she may, within 3 days after the public declaration, apply to a District Court Judge for a recount of the votes.
2: Every application for a recount must be accompanied by the prescribed deposit.
3: If the District Court Judge is satisfied that the applicant has reasonable grounds to believe that the declaration is incorrect and that on a recount the applicant might be elected, the District Court Judge must, as soon as practicable after receiving the application, and the deposit required by subsection (2),—
a: cause a recount of the votes to be made; and
b: give notice in writing to the electoral officer and to each of the candidates and to each scrutineer appointed under section 66 section 91 1976 No 144 s 43(1)–(3)
91: Scrutineers at recount
1: Each candidate may, by notice in writing, appoint 1 or more scrutineers for the recount, whether or not the candidate has already appointed 1 or more scrutineers under section 66
2: Subsections (2) and (3) of section 68
3: Not more than 1 scrutineer for any candidate (whether appointed under section 66 1976 No 144 s 43(4), (5)
92: Conduct of recount
1: At the recount, the electoral officer must produce to the District Court Judge all the voting documents used at the election.
2: The recount must be made in the presence of the District Court Judge, or of an officer appointed by him or her for the purpose, and—
a: must, as far as is practicable, be made in the manner provided in the case of the original count unless the District Court Judge orders otherwise; and
b: section 74
3: If, on the recount, the District Court Judge finds that the public declaration was incorrect, the Judge must order the electoral officer to give an amended declaration under section 86
4: The District Court Judge may make any order as to the costs of, and incidental to, the recount that the Judge considers just and, subject to any order, must direct the deposit made under section 90 1976 No 144 s 43(6)–(9) Petition for inquiry Heading amended 9 April 2019 section 9 Local Electoral Matters Act 2019
93: Petition for inquiry
1: Any candidate or any 10 electors with a complaint about the conduct of an election or poll may file a petition in the District Court demanding—
a: an inquiry into the conduct of the election or poll; or
b: an inquiry into the conduct of a candidate or any other person at the election or poll.
2: A petition under subsection (1) must—
a: be filed within 21 days after public notice is given declaring the result or, as the case may be, the amended result of the election or poll; and
b: be filed in the District Court to which the voting documents for the election or poll to be inquired into were forwarded; and
c: be accompanied by the prescribed deposit; and
d: specify the specific grounds on which the complaint is based; and
e: be heard and determined by a District Court Judge.
3: If a petition under subsection (1) is filed at the District Court, a Registrar 1976 No 144 s 99 Section 93(3) amended 1 March 2017 section 261 District Court Act 2016
94: Specified grounds only to be investigated
1: No grounds other than those stated in the petition may be investigated, except with the leave of the District Court Judge hearing the petition.
2: Leave may be given under subsection (1)—
a: only after reasonable notice has been given to any affected person; and
b: on such terms and conditions (if any) that the District Court Judge considers just.
3: Despite subsection (1),—
a: if the petition concerns an election, evidence may be given to prove that the election of any defeated candidate would be invalid in the same manner as if the petition had complained of the candidate's election:
b: if the petition concerns a poll, evidence may be given to prove that a proposal other than that declared to be carried was—
i: carried and not rejected; or
ii: rejected and not carried. 1976 No 144 s 100
95: Who may be respondent
1: Notice of an intention to oppose a petition may be filed in the District Court in which the petition is filed by—
a: any candidate or any 10 electors, if the petition concerns an election; or
b: any 10 electors, if the petition concerns a poll; or
c: an electoral officer or other electoral official, if the petition complains of the conduct of the electoral officer or other electoral official.
2: The person or persons who file a notice under subsection (1) are the respondent or respondents to the petition. 1976 No 144 s 101
96: Time for holding inquiry
The inquiry must be commenced within 14 days after the filing of the petition, and not less than 7 days' public notice must be given of the time and place at which the inquiry will be held. 1976 No 144 s 102
97: Powers of District Court Judge
1: For the purposes of the inquiry, the District Court Judge conducting it—
a: has and may exercise all the powers of citing parties, compelling evidence, and maintaining order that the Judge would have in the Judge's ordinary civil jurisdiction; and
b: may, in addition, at any time during the inquiry direct a recount or scrutiny of the votes given at the election or poll.
2: If a recount or scrutiny is conducted under subsection (1)(b), the District Court Judge must disallow the vote of every person who—
a: has voted, despite not being entitled to vote at the election or poll; or
b: has voted more than once at the election or poll. 1976 No 144 s 103
98: Result of inquiry
The District Court Judge must determine whether,—
a: as a result of an irregularity that in the Judge's opinion materially affected the result of the election or poll, the election or poll is void:
b: in the case of an election, the candidate whose election is complained of, or any and which other candidate, was elected:
c: in the case of a poll, any and which proposal was carried. 1976 No 144 s 104
99: Election or poll not void by reason of certain irregularities
1: If subsection (2) applies, an election or poll must not be declared void on the ground of—
a: any irregularity in any of the proceedings preliminary to the voting; or
b: any failure to hold the election or poll at any place appointed for holding the election or poll; or
c: a failure to comply with the directions contained in this Act or any regulations made under this Act as to the conduct of the election or poll or the counting of the votes; or
d: by any mistake in the use of prescribed forms.
2: This subsection applies if the District Court Judge conducting an inquiry into the conduct of an election or poll, having taken account of whether the election or poll was conducted in accordance with the principles set out in section 4 1976 No 144 s 120
100: Costs of inquiry
1: The District Court Judge may order that all or part of the expenses of, or incidental to, the inquiry are to be met by—
a: any party or parties to the inquiry; or
b: any electoral officer or other electoral official if the Judge declares the election or poll void on the ground of negligence or intentional or reckless misconduct by that electoral officer or other electoral official.
2: The order has the same effect and may be enforced as a judgment for a debt obtained under the District Court Act 2016
3: Despite subsection (1), no order may be made against any person who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry. 1976 No 144 s 106(1) Section 100(2) amended 1 March 2017 section 261 District Court Act 2016
101: Return of deposit
1: The District Court Judge must direct that the deposit required by section 93(2)(c)
a: the grounds of complaint specified in the petition; or
b: any other grounds investigated with the leave of the Judge.
2: If paragraph (a) or paragraph (b) of subsection (1) applies, the deposit, or any part of the deposit remaining after any order under section 100
3: This section applies subject to any order made under section 100 1976 No 144 s 106(2)
102: New election or poll if election or poll declared void
1: If an election or poll is declared void, a new election or poll must be held or taken under the same provisions, as far as practicable, as those applicable to the void election or poll.
2: The new election or poll must be held or taken,—
a: in a case where the election or poll is declared void in the period beginning on 25 December in any year and ending on 8 November in the following year, as soon as is practicable, but not later than 89 days
b: in a case where the election or poll is declared void in the period after 8 November and before 25 December in any year, on a day not more than 89 days
3: The only persons eligible to vote at the new election or poll are the persons who were eligible to vote at the void election or poll.
4: The electoral roll to be used for the new election or poll is the electoral roll used at the void election or poll, without any amendments or additions.
5: Despite subsections (3) and (4), if an election or poll is declared void as a result of an irregularity in the electoral roll, the District Court Judge may order that, for the purposes of the new election or poll,—
a: specified amendments or additions or deletions be made to that roll; or
b: specified kinds of amendments or additions or deletions be made to that roll; or
c: an updated version of that roll be prepared incorporating 1 or more of the changes authorised under paragraphs (a) or (b).
6: The only persons eligible to be nominated as candidates at the new election are the persons who were qualified to be nominated as candidates at the void election. 1976 No 144 s 107 Section 102(2)(a) amended 26 March 2015 section 9 Local Electoral Amendment Act 2015 Section 102(2)(b) amended 26 March 2015 section 9 Local Electoral Amendment Act 2015 Application by electoral officer for inquiry into election or poll Heading inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102A: Application by electoral officer for inquiry
1: An electoral officer who has reasonable grounds to believe that an irregularity of the type described in section 102G(1)(a)
2: The application may be made jointly with 1 or more electoral officers responsible for affected elections or polls.
3: The application must—
a: be filed after the close of voting and before the official results are declared, but in any case not more than 21 days after the close of voting; and
b: be served on the electoral officer responsible for any affected election or poll that is not a subject of the application; and
c: be heard and determined by a District Court Judge.
4: For the purposes of this section, an election or poll is affected 2001 No 35 s 93 Section 102A inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102B: Preliminary or official results not to be announced or declared
1: After an application for an inquiry has been made in respect of an election or poll, the electoral officer must not, despite sections 85 86
a: make any announcement (or any further announcement) of the preliminary results of the election or poll; or
b: declare the official result of the election or poll.
2: Subsection (1) applies subject to section 102G(2) Section 102B inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102C: Deposit of electoral records
1: As soon as practicable after an application for an inquiry has been made,—
a: the electoral officer must secure all voting documents and specified materials in the prescribed manner; and
b: the voting documents and materials must be deposited with the District Court.
2: See section 89 Section 102C inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102D: Notice of application
1: As soon as practicable after an application for an inquiry has been made, the electoral officer must—
a: give public notice of the application; and
b: if the application concerns an election, give written notice of the application to each candidate.
2: The notice must specify the elections and polls in respect of which the application is made and state the grounds for the application.
3: If the application for an inquiry is made jointly, the electoral officers may give public notice under this section jointly. Section 102D inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102E: Who may be respondent
1: A notice of an intention to oppose an application for an inquiry may be filed by—
a: any candidate or any 10 electors, if the application concerns an election; or
b: any 10 electors, if the application concerns a poll.
2: A person who files a notice under subsection (1) is a respondent to the application. 2001 No 35 s 95 Section 102E inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102F: Time for holding inquiry
An inquiry must be commenced within 14 days after the filing of an application for an inquiry, and not less than 7 days’ public notice must be given of the time and place at which the inquiry will be held. 2001 No 35 s 96 Section 102F inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102G: Result of inquiry
1: The District Court Judge conducting the inquiry must determine whether—
a: an irregularity occurred that has—
i: materially affected the result of the election or poll (which may include, for example, an irregularity resulting in an insufficient number of votes being capable of being counted or relied upon for there to be confidence in any result); or
ii: directly or indirectly severely undermined public confidence in the integrity of the election or the validity of the results (or both); and
b: as a result of the irregularity, the election or poll is void.
2: If the District Court Judge determines that the election or poll is not void,—
a: the electoral officer must, as soon as practicable after the determination,—
i: give public notice of the determination; and
ii: subject to any direction of the Judge, take any other steps necessary to complete the electoral officer’s functions in relation to the election or poll in accordance with this Act:
b: if the electoral officer requires the voting documents and materials deposited with the District Court under section 102C(1)
3: A determination under this section that an election or poll is not void does not preclude, or determine an inquiry on, a petition under section 93 Section 102G inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102H: Provisions that apply to inquiry
The following provisions apply to the inquiry:
a: section 97
b: section 99
c: section 100(1)(a), (2), and (3) Section 102H inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102I: New election or poll if election or poll declared void
1: Section 102
2: If an election or poll is declared void as a result of an irregularity in the operation of a voting method, the District Court Judge may order that the new election or poll be conducted—
a: using a different voting method; or
b: using the same method, subject to specified modifications.
3: A District Court Judge who makes an order under subsection (2) may also, if the Judge considers it necessary, postpone the date by which the new election or poll must be held or taken beyond the date provided for in section 102(2) 2001 No 35 s 102 Section 102I inserted 9 April 2019 section 10 Local Electoral Matters Act 2019 Order to be final Heading inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
103: Order to be final
1: Every determination or order under this Part is final and may not be removed into the High Court by any procedure.
2: No proceedings may be brought in the High Court questioning the validity of any election or poll under this Act. 1976 No 144 s 108
5: Electoral donations and expenses
Part 5 heading replaced 29 June 2013 section 29 Local Electoral Amendment Act 2013
1: Electoral donations
Subpart 1 inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103A: Interpretation
In this subpart and subpart 3 anonymous
a: does not know the identity of the donor; and
b: could not, in the circumstances, reasonably be expected to know the identity of the donor contribution
a: was given—
i: to the donor; or
ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and
b: would have been a donation if it had been given directly to the candidate; and
c: was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor
a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or
b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor electoral donation donation
a: includes,—
i: where goods or services are provided to a candidate, or to any person on the candidate's behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
b: excludes—
i: the labour of any person that is provided to a candidate free of charge by that person; and
ii: goods or services provided free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less receive
a: the donor directly; or
b: the donor indirectly, via a transmitter transmitter 1993 No 87 s 207 Section 103A inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103B: Donations and contributions include GST
All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed. 1993 No 87 s 207A Section 103B inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103C: Donations to be transmitted to candidate
Every person, other than a candidate, to whom an electoral donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 1993 No 87 s 207B(1) Section 103C inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103D: Contributors to be identified
1: This section applies to a donation (other than an anonymous donation) that is made up of, includes, or is wholly or partly funded from 1 or more contributions.
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)(iii) in relation to the donation; and
d: the total of all of the other contributions made in relation to the donation.
3: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.
4: For the purpose of section 112A 1993 No 87 s 207C Section 103D inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103E: Offence relating to contravention of section 103D
A donor who fails to comply with section 103D 1993 No 87 s 207D Section 103E inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103F: Identity of donor to be disclosed by transmitter, if known
1: When a transmitter transmits a donation to a candidate on behalf of the donor, the transmitter must disclose to the candidate—
a: the fact that the donation is transmitted on behalf of the donor; and
b: the name and address of the donor; and
c: whether section 103D
2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation. 1993 No 87 s 207E Section 103F inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103G: Offence relating to contravention of section 103F
A transmitter who fails to comply with section 103F(1) 1993 No 87 s 207F Section 103G inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103H: Disclosure of identity of donor
If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the candidate. 1993 No 87 s 207G(1) Section 103H inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103I: Offence relating to contravention of section 103H
A person who fails to comply with section 103H 1993 No 87 s 207H Section 103I inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103J: Anonymous donation may not exceed $1,500
1: If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election campaign, the candidate must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
2: If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than 1 office, the candidate must—
a: designate 1 election campaign for election to 1 office for which the donation will be used; and
b: within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
3: An electoral officer who receives an amount under subsection (1) or (2) must, within 20 working days of receiving that amount,—
a: issue a receipt to the candidate; and
b: pay the amount into the general fund of the local authority that appointed the electoral officer. 1993 No 87 s 207I(1) Section 103J inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103K: Offence relating to contravention of section 103J
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 103J(1) or (2)
2: A candidate who contravenes section 103J(1) or (2) 1993 No 87 s 207J Section 103K inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103L: Records of electoral donations
1: A candidate must keep proper records of all donations received by him or her.
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 207M Section 103L inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
2: Electoral expenses
Subpart 2 heading inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
104: Interpretation
In this subpart and subpart 3 applicable period before the close of polling day electoral activity
a: that is carried out by the candidate or with the candidate's authority; and
b: that relates to the candidate solely in the candidate's capacity as a candidate and not to the candidate—
i: in his or her capacity as a member of the local authority or local board or
ii: in any other capacity; and
c: that comprises—
i: advertising of any kind; or
ii: radio or television broadcasting; or
iii: publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or
iv: any electronic communication to the public, including (without limitation) the establishment or operation of a website or other method of communication to the public using the Internet; and
d: that relates exclusively to the campaign for the election of the candidate; and
e: that takes place within the applicable period before the close of polling day electoral expenses
a: means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and
b: includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period before the close of polling day, in respect of any electoral activity; and
c: includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and
d: includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but
e: does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate's personal means of transport; and
f: does not include expenses incurred by the candidate in preparing a candidate profile statement; and
g: does not include the labour of any person that is provided to the candidate free of charge by that person ; and
h: does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed population by the Government Statistician 1993 No 87 ss 213(1) 214F Section 104 amended 29 June 2013 section 31(1) Local Electoral Amendment Act 2013 Section 104 electoral activity amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 104 electoral donation repealed 29 June 2013 section 31(2) Local Electoral Amendment Act 2013 Section 104 electoral expenses amended 29 June 2013 section 31(3) Local Electoral Amendment Act 2013 Section 104 electoral expenses inserted 29 June 2013 section 31(4) Local Electoral Amendment Act 2013 Section 104 population amended 25 December 2002 section 34 Local Electoral Amendment Act 2002
105: Periods for claiming and paying expenses
1: No claim against a candidate, or against any agent of a candidate, in respect of any electoral expenses is recoverable unless it is sent to the candidate within 30 days after the day on which the successful candidates are declared to be elected.
2: All electoral expenses incurred by or on behalf of a candidate must be paid within 60 days after the day on which the successful candidates are declared to be elected.
3: A person who makes a payment in breach of this section commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 206 Section 105(3) inserted 29 June 2013 section 32 Local Electoral Amendment Act 2013
106: Procedure if claim disputed
1: If a candidate, in the case of a claim for electoral expenses sent in to him or her within the time allowed by this Act, disputes it, or fails to pay it within 60 days,—
a: the claim is a disputed claim; and
b: the claimant may, if he or she thinks fit, within a further 30 days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the candidate to satisfy the judgment or order of the court in any action referred to in subsection (1) is to be treated as paid within the time allowed by this Act. 1993 No 87 s 207
107: Leave to pay claim after time limited
1: The District Court
2: Any sum specified in the order granting that leave may be paid by the candidate and, when paid, is to be treated as paid within the time allowed by this Act. 1993 No 87 s 208 Section 107(1) amended 1 March 2017 section 261 District Court Act 2016
108: Payments to be vouched by bill
Every payment made in respect of any electoral expenses must, except when it is less than $200 (inclusive of goods and services tax), be vouched by—
a: a bill stating the particulars; and
b: a receipt. 1993 No 87 s 209
109: Return of electoral expenses
Section 109 repealed 29 June 2013 section 33 Local Electoral Amendment Act 2013
110: Return to be open for public inspection
Section 110 repealed 29 June 2013 section 33 Local Electoral Amendment Act 2013
111: Maximum amount of electoral expenses
1: The total electoral expenses (inclusive of goods and services tax) of a candidate must not—
a: exceed $3,500 if any local government area over which the election is held has a population smaller than 5 000:
b: exceed $7,000 if any local government area over which the election is held has a population smaller than 10 000 and larger than 4 999:
c: exceed $14,000 if any local government area over which the election is held has a population smaller than 20 000 and larger than 9 999:
d: exceed $20,000 if any local government area over which the election is held has a population smaller than 40 000 and larger than 19 999:
e: exceed $30,000 if any local government area over which the election is held has a population smaller than 60 000 and larger than 39 999:
f: exceed $40,000 if any local government area over which the election is held has a population smaller than 80 000 and larger than 59 999:
g: exceed $50,000 if any local government area over which the election is held has a population smaller than 100 000 and larger than 79 999:
h: exceed $55,000 if any local government area over which the election is held has a population smaller than 150 000 and larger than 99 999:
i: exceed $60,000 if any local government area over which the election is held has a population smaller than 250 000 and larger than 149 999:
j: exceed $70,000 if any local government area over which the election is held has a population smaller than 1 000 000 and larger than 249 999:
k: exceed the sum referred to in subsection (1A) if any local government area over which the election is held has a population of 1 000 000 or more.
1A: The sum is—
a: $100,000 plus the amount prescribed under section 139(1)(ha)
b: $100,000 plus 50 cents for each elector, if no amount is prescribed under section 139(1)(ha)
2: Despite subsection (1), if a candidate is a candidate for more than 1 election held at the same time, the total electoral expenses (inclusive of goods and services tax) of that candidate must not exceed the highest amount permitted under subsection (1) in respect of any one of the elections for which the person is a candidate. 1993 No 87 s 213(2) Section 111(1)(j) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 111(1)(k) added 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 111(1A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
112: Apportionment of electoral expenses
1: If any activity of the kind described in paragraphs (a) to (d) of the definition of the term electoral activity (as set out in section 104
a: the expenses incurred in respect of the activity (being expenses incurred by or on behalf of the candidate) must be properly apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in the applicable period before the close of polling day; and
b: the fair proportion of those expenses are electoral expenses.
2: If any election activity relates exclusively to campaigns for the election of 2 or more candidates, any electoral expenses in respect of that electoral activity must be apportioned equitably 1993 No 87 ss 213(4) 214(1) Section 112(2) amended 25 December 2002 section 36 Local Electoral Amendment Act 2002
112AA: Offence to pay electoral expenses in excess of relevant prescribed maximum
1: This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount prescribed by section 111
2: The candidate or person commits an offence and is liable on conviction—
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or
b: to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount. Section 112AA inserted 29 June 2013 section 34 Local Electoral Amendment Act 2013
3: Return of electoral donations and expenses
Subpart 3 inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112A: Return of electoral donations and expenses
1: Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must file a return of electoral donations and expenses.
2: However, in any case where a candidate is outside New Zealand on the day on which the successful candidates are declared to be elected ( election result day
3: The return of electoral donations and expenses must set out—
a: the details specified in subsection (4) in respect of every electoral donation (other than a donation of the kind referred to in paragraph (c)) received by the candidate that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and
b: whether any donation is funded from contributions, and if so, and to the extent known or ascertainable from the information supplied under section 103D
c: the details specified in subsection (6) in respect of every anonymous electoral donation received by the candidate that exceeds $1,500; and
d: details of the candidate's electoral expenses.
4: The details referred to in subsection (3)(a) are—
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and
d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
5: The details referred to in subsection (3)(b) are—
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.
6: The details referred to in subsection (3)(c) are—
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the electoral officer under section 103J(1) or (2)
7: Every return filed under this section must be in the form prescribed in Schedule 2
8: It is the duty of every electoral officer to ensure that this section is complied with.
9: In this section, file 1993 No 87 s 209 Section 112A inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112B: Nil return
If a candidate considers that there is no relevant information to disclose under section 112A 1993 No 87 s 209A Section 112B inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112C: Failure to file return of electoral donations and expenses
A candidate who fails, without reasonable excuse, to comply with section 112A
a: a fine not exceeding $1,000; and
b: if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed. Section 112C inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112D: Filing a false return of electoral donations and expenses
A candidate who files a return under section 112A
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or
b: to a fine not exceeding $5,000 in any other case, unless the candidate proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure the information in the return was accurate. Section 112D inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112E: Obligation to retain records necessary to verify return
1: A candidate must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return under section 112A
2: The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or to any matter to which the return relates.
3: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 209C Section 112E inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112F: Return of electoral donations and expenses to be open for public inspection
1: The electoral officer must keep every return filed under section 112A public inspection period
2: During the public inspection period the electoral officer must—
a: publish, electronically or in any other manner the electoral officer considers appropriate, every return filed under section 112A
b: make available for public inspection a copy of every return filed under section 112A
c: provide to any person upon request a copy of 1 or more returns filed under section 112A Local Government Official Information and Meetings Act 1987 Section 112F inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
5A: Electoral advertising
Part 5A heading inserted 29 June 2013 section 36 Local Electoral Amendment Act 2013
113: Advertisements for candidates
1: No person may publish or cause to be published in any newspaper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.
2: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—
a: the publication of that advertisement is authorised in writing by the candidate or the candidate's agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and
b: the advertisement contains a statement setting out the true name and contact details of the person or persons for whom or at whose direction it is published.
3: A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.
4: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—
a: the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and
b: the advertisement contains a statement setting out—
i: the true name and contact details of the person or persons for whom or at whose direction it is published; and
ii: the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body.
5: This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2
6: A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
7: In this section, contact details
a: a residential or business address:
b: an email address:
c: a post office box number:
d: a phone number:
e: a link to a page on an Internet site, if the page contains 1 or more of the contact details specified in paragraphs (a) to (d). 1993 No 87 s 221 section 113(2)(b) replaced 1 July 2022 section 4(1) Local Electoral (Advertising) Amendment Act 2022 section 113(4)(b)(i) replaced 1 July 2022 section 4(2) Local Electoral (Advertising) Amendment Act 2022 Section 113(6) inserted 29 June 2013 section 37 Local Electoral Amendment Act 2013 section 113(7) inserted 1 July 2022 section 4(3) Local Electoral (Advertising) Amendment Act 2022
114: Use of public money
Sections 111 112 1993 No 87 s 213(5)
6: Term of elected members and extraordinary vacancies
Term of membership of elected members
115: When members come into office
1: A candidate who is declared to be elected comes into office on the day after the day on which the official result of the election is declared by public notice under section 86
2:
3: A person appointed to fill an extraordinary vacancy comes into office at the time of his or her appointment. Section 115(1) replaced 21 March 2019 section 10 Local Government Regulatory Systems Amendment Act 2019 Section 115(2) repealed 29 June 2013 section 38 Local Electoral Amendment Act 2013
116: When members leave office
1: Every member of a local authority or local board or
a: in a case where the member's office is the subject of an election, when the members elected at the next election come into office:
b: in a case where provision is made by any enactment to fill a vacancy by appointment, when the member's successor comes into office.
2: Despite subsection (1)(a), if a member's office is the subject of an election, and neither the member nor any other person is elected at the election to that office, the member vacates office at the same time as any other member of the local authority who is not re-elected at the election. Section 116(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 116(2) added 25 December 2002 section 37 Local Electoral Amendment Act 2002 Filling of extraordinary vacancies
117: Extraordinary vacancy in local authority or
local board or
1: If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or
2: If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or chief executive local board or
3: On receiving notice under subsection (2), the local authority or local board or meeting (other than an extraordinary meeting) meeting (other than an extraordinary meeting)
a: that the vacancy will be filled by the appointment by the local authority or local board or
b: that the vacancy is not to be filled.
4: If for any reason the person specified in the resolution is unavailable, or otherwise unable to be notified of the appointment, a further vacancy occurs in that office.
5: Despite subsection (3), if the vacancy is for the office of mayor, the vacancy must not be left unfilled but must be filled by appointment of one of the other members of the local authority as mayor.
6: If any member is appointed or elected to fill a vacancy in the office of mayor,—
a: the person is to be treated as having vacated the office of a member; and
b: the vacancy in the office of a member is an extraordinary vacancy and this section and sections 118 to 120 Section 117 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(2) amended 25 December 2002 section 38 Local Electoral Amendment Act 2002 Section 117(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(3) amended 7 July 2004 section 15 Local Electoral Amendment Act 2004 Section 117(3)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
117A: Power to fill by appointment extraordinary vacancy in
local board or If a local authority, despite complying with section 120 local board or section 117(1) local board or local board or Section 117A inserted 25 December 2002 section 39 Local Electoral Amendment Act 2002 Section 117A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117A amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
118: Notice of intention to fill vacancy by appointment
1: If, under section 117(3)(a) or section 117A local board or local board or
a: the resolution; and
b: the process or criteria by which the person named in the resolution was selected for appointment.
2: The local authority or local board or
3: For the purposes of subsection (2), the expiry of the prescribed period
4: If for any reason the person specified in the resolution is unavailable or otherwise unable to be confirmed in the appointment, a further vacancy occurs in that office. Section 118(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 118(1) amended 25 December 2002 section 40 Local Electoral Amendment Act 2002 Section 118(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
119: Notice of intention to leave vacancy unfilled
If, under section 117(3)(b) local board or Section 119 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
120: Election to fill extraordinary vacancy
1: If an extraordinary vacancy is to be filled by an election,—
a: the chief executive
b: the election must be held not later than 89 days
2: If an election is to be held under subsection (1), an election must be held at the same time to fill every extraordinary vacancy on the local authority or local board or
a: that is unfilled at the time the extraordinary vacancy occurred; or
b: that is created after the extraordinary vacancy occurred and before the election commences.
3: If the electoral officer receives notice of an extraordinary vacancy to which subsection (2)(b) refers before the commencement of voting at the election, the electoral officer may—
a: countermand the notice previously given in respect of the election to fill the first-mentioned vacancy or vacancies; and
b: give fresh notice appointing the polling day for an election to fill all the vacancies.
4: All nominations received in respect of the countermanded election that are still in effect on the date of the giving of the fresh public notice continue in effect as if they had been made in respect of the election to be held on the substituted day appointed by the electoral officer.
5: Any qualified person who was not nominated as a candidate at the countermanded election may be nominated as a candidate at the election to be held on the substituted date. Section 120(1)(a) amended 25 December 2002 section 41 Local Electoral Amendment Act 2002 Section 120(1)(b) amended 26 March 2015 section 10 Local Electoral Amendment Act 2015 Section 120(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
120A: Change of voting period for election to fill extraordinary vacancy in Ōtorohanga District Council during COVID-19 restricted movement period
Section 120A repealed 20 October 2022 section 120C(1)
120B: Modification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19
Section 120B repealed 20 October 2022 section 120C(1)
120C: Repeal
2022-10-20 Local Electoral Act 2001 Sections 120A, 120B and 120C are repealed: when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 120C repealed 20 October 2022 section 120C(1)
7: Offences
121: Illegal nomination, etc
Every person commits an offence, and is liable on
a: consents to being nominated as a candidate for an elective office knowing that he or she is incapable under any Act of holding that office; or
b: signs a nomination paper purporting to nominate as a candidate a person who is, to the knowledge of the person signing, incapable under any Act of holding that office; or
c: signs a nomination paper purporting to nominate another person as a candidate knowing that he or she is not qualified to vote at the election of the person named in the nomination paper as the candidate. 1976 No 144 s 53 Section 121 amended 1 July 2013 section 413 Criminal Procedure Act 2011
122: Interfering with or influencing voters
1: Every person commits an offence, and is liable on
a: interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote:
b: prints, publishes, distributes, or delivers to any person (using any medium or means of communication) a document, paper, notice, or message, being or purporting to be in imitation of any voting document to be used at the election or poll that,—
i: in the case of an election, includes the name of a candidate or candidates, together with any direction or indication as to the candidate or candidates for whom any person should vote:
ii: in the case of a poll, includes a statement or indication as to how any person should vote:
iii: in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes:
c: prints, publishes, or distributes any instruction on the method of marking the voting document that differs in any material way from the instructions required by this Act or any regulations made under this Act to accompany the voting document.
2: Despite subsection (1)(b), it is not an offence under that subsection to print, publish, distribute, or deliver a card or leaflet (not being an imitation voting document) on which is printed—
a: the names of all or any of the candidates and the elective offices for which they are candidates (with or without the name of the organisations or groups to which those candidates are affiliated, and including those who are independent); and
b: nothing else.
3: Nothing in this section applies to—
a: any official statement or announcement made or exhibited under the authority of this Act or regulations made under this Act; or
b: any candidate profile statement, published, displayed, or distributed under the authority of this Act or regulations made under this Act. 1976 No 144 s 54 Section 122(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
123: Offences in respect of official documents
1: Every person commits an offence who—
a: intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other official document used at an election or poll:
b: intentionally places any mark or writing that might be mistaken for an official mark or official writing on any voting document, or other official document used at an election or poll:
c: forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other official document used at an election or poll, or the official mark on that document:
d: supplies, without authority, a voting document to any person:
e: obtains or has possession of any voting document, other than one issued to that person under this Act or any regulations made under this Act for the purpose of recording his or her vote, without authority:
f: intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an electoral officer or other electoral official, to imprisonment for a term not exceeding 2 years:
b: in the case of any other person, to imprisonment for a term not exceeding 6 months. 1976 No 144 s 56(1)–(3) Section 123(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
124: Voting offences
Every person commits an offence, and is liable on conviction
a: votes or applies to vote more than once at the same election or poll; or
b: without authority, removes, deletes, or otherwise interferes with any voting document, or other record of a vote that has been cast. 1976 No 144 s 56(4) Section 124 amended 1 July 2013 section 413 Criminal Procedure Act 2011
125: Bribery
1: Every person commits the offence of bribery who, directly or indirectly, on that person's own or by another person,—
a: gives, lends, agrees to give or lend, offers, promises, or promises to obtain any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce any elector to vote or refrain from voting; or
b: gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any office or place of employment to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce the elector to vote or refrain from voting; or
c: corruptly does any act referred to in paragraph (a) or paragraph (b) on account of an elector having voted or refrained from voting; or
d: makes any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b) for, or with, any person in order to induce that person to obtain or try to obtain the election of any person or the vote of any elector; or
e: upon or as a consequence of any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b), obtains, or tries to obtain, the election of any person or the vote of any elector; or
f: advances or pays, or causes to be paid, any money to or for the use of any other person, intending that that money or any part of it will be used for bribery at any election or poll; or
g: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly used for bribery at any election or poll.
2: An elector commits the offence of bribery if,—
a: before or during the voting period at the election or poll, he or she, directly or indirectly, on his or her own or by another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to refrain from voting:
b: after the voting period at the election or poll, he or she directly or indirectly, on his or her own or by another person, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
3: Every person who commits the offence of bribery is liable on conviction 1976 No 144 s 57 Section 125(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
126: Treating
1: Every person commits the offence of treating who corruptly, before, during, or after an election or poll, and directly or indirectly, on that person's own or by another person, gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person—
a: for the purpose of influencing that person or any other person to vote or refrain from voting; or
b: for the purpose of obtaining his or her election; or
c: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
2: Every holder of a licence under the Sale and Supply of Alcohol Act 2012
a: to any person, if the supply is demanded for 1 or more of the purposes specified in subsection (1); or
b: to any person, whether an elector or not, for the purpose of obtaining the election of a candidate or affecting the result of a poll, and without receiving payment for it at the time when it is supplied.
3: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.
4: Despite subsections (1) to (3), the provision of light refreshments after any meeting relating to an election or poll does not constitute the offence of treating.
5: Every person who commits the offence of treating is liable on conviction 1976 No 144 s 58 Section 126(2) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 126(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
127: Undue influence
1: Every person commits the offence of undue influence—
a: who, directly or indirectly, on that person's own or by another person, makes use of or threatens to make use of any force, violence, or restraint against any person—
i: in order to induce or compel that person to vote or refrain from voting:
ii: on account of that person having voted or refrained from voting:
b: who, by abduction, duress, or any fraudulent device or means,—
i: impedes or prevents the free exercise of the vote of any elector:
ii: compels, induces, or prevails upon any elector either to vote or to refrain from voting.
2: Every person who commits the offence of undue influence is liable on conviction 1976 No 144 s 59 1997 No 13 s 59 Section 127(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
128: Personation
1: Every person commits the offence of personation who, at any election or poll,—
a: votes in the name of some other person (whether living or dead), or of a fictitious person:
b: having voted, votes again at the same election or poll:
c: having returned a voting document, applies for or returns another voting document with the intention of returning an additional valid voting document or invalidating a vote already cast at the same election or poll (whether or not any voting document he or she returns is valid).
2: Every person who commits the offence of personation is liable on conviction 1976 No 144 s 60 1997 No 13 s 60 Section 128(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
129: Infringement of secrecy
1: Every electoral officer, deputy electoral officer, and other electoral official—
a: must maintain and assist in maintaining the secrecy of the voting; and
b: must not communicate to any person, except for a purpose authorised by law, any information likely to compromise the secrecy of the voting.
2: No person, except as provided by this Act or regulations made under this Act, may—
a: interfere with or attempt to interfere with a voter when marking or recording his or her vote; or
b: attempt to obtain, in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, any information as to any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or
c: communicate at any time to any person any information obtained in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, as to—
i: any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or
ii: any number on a voting document marked or transmitted by the voter.
3: Every person present at the counting of votes must—
a: maintain and assist in maintaining the secrecy of the voting; and
b: must not, except as is provided by this Act or regulations made under this Act, communicate any information obtained at that counting as to any candidate for whom, or proposal for or against which, any vote is cast by a particular voter.
4: No person may, directly or indirectly, induce any voter to display or provide access to his or her voting document or any copy of that document after it has been marked or transmitted, so as to make known to any person the name of any candidate for or against whom, or proposal for or against which, the voter has voted.
5: Every person commits an offence who contravenes or fails to comply with this section.
6: Every person who commits an offence against subsection (5) is liable on 1976 No 144 s 62 Section 129(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
130: Disclosing voting or state of election or poll
1: Every electoral officer, deputy electoral officer, other electoral official, Justice of the Peace, or scrutineer commits an offence who—
a: makes known for what candidate or candidates or for which proposal any particular voter has voted for or against, except as provided by this Act or regulations made under this Act; or
b: before the close of voting, makes known the state of the election or poll or gives or pretends to give any information by which the state of the election or poll may be known.
2: Subsection (1)(b) does not prevent an electoral officer from disclosing the total number of voting documents so far returned at an election or poll at any time during the voting period.
3: A person who commits an offence against subsection (1) is liable on
a: not exceeding $5,000 for an electoral officer or deputy electoral officer:
b: not exceeding $2,000 for any other person. 1976 No 144 s 63 Section 130(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
131: Penalty for electoral officer, deputy electoral officer, and other electoral officials
Every electoral officer, deputy electoral officer, or other electoral official commits an offence, and is liable on 1976 No 144 s 64 Section 131 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Electoral expenses Heading repealed 29 June 2013 section 39 Local Electoral Amendment Act 2013
132: Payments in breach of section 105
Section 132 repealed 29 June 2013 section 39 Local Electoral Amendment Act 2013
133: Failure to transmit return
Section 133 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
134: False return
Section 134 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
135: Unauthorised advertisements
Section 135 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
136: Excessive expenditure
Section 136 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013 General provisions
137: Property may be stated as being in electoral officer
In any proceedings for an offence in relation to any voting documents or other official documents, files, records, instruments, or devices used officially for an election or poll, the property in those documents, files, records, and instruments is to be treated as that of the electoral officer at that election or poll. 1976 No 144 s 61
138: Duty to take action in respect of offences
1: Subsection (2) applies if an electoral officer—
a: receives a written complaint that an offence has been committed under—
i: Part 5
ii: Part 5A
iii: this Part; or
b: believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a).
2: If this subsection applies, the electoral officer must—
a: report the complaint or belief to the Police; and
b: provide the Police with the details of any inquiries that he or she considers may be relevant.
3: Subsection (2) does not prevent any person from reporting an alleged offence to the Police.
4: Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 112A Section 138 replaced 29 June 2013 section 41 Local Electoral Amendment Act 2013 Section 138(1)(a)(ii) replaced 5 December 2013 section 4 Local Electoral Amendment Act (No 2) 2013 Section 138(1)(a)(iii) inserted 5 December 2013 section 4 Local Electoral Amendment Act (No 2) 2013
138AA: Time limit for prosecutions
1: A prosecution under section 112C
2: A prosecution under section 103K 112D
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
b: not later than 3 years after the offence was committed. Section 138AA inserted 29 June 2013 section 41 Local Electoral Amendment Act 2013
8: Miscellaneous provisions
138A: Special provision in relation to certain elections to fill extraordinary vacancies and certain polls
1: Despite section 33(3) section 120(1)
a: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)(a) section 33 17 February
b: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)(a) section 33 14 March
c: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)(a) section 33 11 April
2: In any case to which paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) applies, the requirements of this Act apply as if the notice referred to in the paragraph had been received by the electoral officer on the last day of the period specified in that paragraph. 1976 No 144 s 50(1) Section 138A inserted 25 December 2002 section 44 Local Electoral Amendment Act 2002 Section 138A(1) amended 2 March 2021 section 8(a) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(a) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(a) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(a) amended 26 March 2015 section 11(1) Local Electoral Amendment Act 2015 Section 138A(1)(b) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(b) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(b) amended 26 March 2015 section 11(2) Local Electoral Amendment Act 2015 Section 138A(1)(c) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(c) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)(c) amended 26 March 2015 section 11(3) Local Electoral Amendment Act 2015
139: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: prescribing the powers and duties of electoral officers or other electoral officials, either generally or in relation to any specified class of election or poll or in relation to any specified election or specified poll:
b: authorising the use of one or both electoral systems in elections and polls, or any specified class of election or poll, or any specified election or poll, describing each authorised electoral system, and prescribing conditions, standards, performance measures, and forms for the operation of that system:
c: authorising the use of 1 or more voting methods in elections and polls, or any specified class of election or poll, or any specified election or poll (or, for the purpose of conducting a trial of a voting method, by a specified class of elector or by all electors in any specified class of election or poll or in any specified election or poll)
d: prescribing conditions, standards, performance measures, procedures, and forms for the operation of special voting:
e: authorising the use of special procedures for the casting of votes by any specified class of person, including (without limitation) persons with specified disabilities, and persons living or travelling overseas or living in remote locations:
f: prescribing standards, performance measures, procedures, and forms for the purposes of enrolment or the compilation and use of electoral rolls, authorising the creation and use of electoral rolls for the purpose of any specified class of election or poll or for any specified election or poll or any other specified purpose, and regulating the use of electoral rolls generally:
g: prescribing deposits or fees to be paid under this Act or regulations made under this Act or authorising the imposition of reasonable charges for the performance of specified functions:
h: prescribing standards, performance measures, procedures, and forms for the conduct of elections or polls, or any specified class of election or poll, or any specified election or poll, and regulating the conduct of those elections or polls:
ha: prescribing the amount for each elector for the purposes of section 111(1A)(a)
i: regulating the conduct of electoral officers, deputy electoral officers, other electoral officials, scrutineers, candidates, voters, electors, and any other person, at elections or polls, or at any specified class of election or poll, or at any specified election or poll:
j: prescribing forms required for the purposes of this Act or in connection with the enrolment of electors or in connection with any election or poll:
k: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act:
l: prescribing penalties for offences against regulations made under this Act, not exceeding a fine of $2,000:
la: regulating (in any way that is not inconsistent with Part 1A Schedule 1A
m: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may not be made under subsection (1)(c) authorising the use of a voting method (other than booth voting or postal voting or a combination of both methods) unless the Minister advises that he or she is satisfied that the voting method to be authorised for use will be able to operate in a manner consistent with the principles described in section 4
3: The Minister may not give the advice referred to in subsection (2) unless he or she has first consulted with those organisations or bodies that the Minister considers to be representative of organisations or persons likely to be substantially affected by the regulations.
4: Regulations under this section are secondary legislation ( see Part 3 1976 No 144 s 123 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 139(1)(c) amended 9 April 2019 section 11 Local Electoral Matters Act 2019 Section 139(1)(ha) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 139(1)(la) inserted 25 December 2002 section 45 Local Electoral Amendment Act 2002 Section 139(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140: Powers and duties of electoral officers
Regulations made under section 139(1)(a)
a: 2 or more electoral officers to undertake specified duties or exercise specified powers in relation to the same election or poll:
b: 1 or more electoral officers to issue directions to other electoral officers in relation to a specified class of election or poll, or any specified election or poll:
c: 1 or more electoral officers to exercise, in relation to a specified class of election or poll or any specified election or poll some, but not all, of the powers given to electoral officers by this Act or regulations made under this Act.
140A: Electoral systems
Regulations made under section 139(1)(b)
a: authorising or requiring 1 counting program to be used for the purpose of implementing the New Zealand method of counting single transferable votes or authorising more than 1 counting program or authorising a class of counting programs to be used for that purpose:
ab: for the purposes of assisting programmers and certifiers to perform the duties imposed by sections 19AA 19AB
b: regulating the certification of 1 or more counting programs or any class of counting programs for the purpose of implementing the New Zealand method of counting single transferable votes:
c: regulating the operating environment in which any counting program can be used for the purpose of implementing the New Zealand method of counting single transferable votes:
d: regulating the way in which any other computer program can be used for the purposes of an election or poll under this Act:
e: imposing conditions or restrictions in relation to the use of any such counting program or other computer program for the purposes of an election or poll under this Act. Section 140A inserted 25 December 2002 section 46 Local Electoral Amendment Act 2002 Section 140A(ab) inserted 7 July 2004 section 16 Local Electoral Amendment Act 2004
141: Voting methods
1: Regulations made under section 139(1)(c)
a: that are conducted—
i: at the same or similar times; or
ii: in the same or in similar local government areas; or
iii: by the same electoral officer:
b: using the same or different electoral systems.
2: Regulations made under section 139(1)(c)
a: a local government area or subdivision in which the specified class of electors is eligible to vote; or
b: any other characteristic that makes a voting method suitable for the specified class of electors (for example, in relation to an electronic method of voting, the members of the specified class may reside overseas or in remote locations, or have a relevant disability).
3: If regulations made under section 139(1)(c)
a: the regulations must also prescribe—
i: measures to prevent unauthorised access to, or use of, electors’ date of birth information; and
ii: the manner in which documents or records containing electors’ date of birth information must be secured after the completion of the count (in accordance with section 89(1)
b: any document or record containing an elector’s date of birth must be treated as specified material for the purpose of section 89(5) Section 141(2) inserted 9 April 2019 section 12 Local Electoral Matters Act 2019 Section 141(3) inserted 9 April 2019 section 12 Local Electoral Matters Act 2019
142: Electoral rolls
1: Regulations made under section 139(1)(f)
a: provision for different forms of electoral rolls for different classes of local government areas, including (without limitation) divided local government areas, and local government areas containing 1 or more local board areas or
b: requirements for residential electors or ratepayer electors, or any class of residential elector or ratepayer elector, to complete and deliver specified information (whether as a condition of enrolment or otherwise):
c: requirements for the Electoral Commission
d: requirements concerning the procedures for enrolment of ratepayer electors:
e: provisions regulating the method and form of nomination of ratepayer electors for enrolment by organisations, bodies, societies or associations, or other persons (whether corporate or unincorporate):
f: provisions regulating the inspection, copying by and use of electoral rolls by local authorities, electoral officials, members of the public or any class of persons, either generally or for any specified purposes.
2: Despite subsection (1) and section 139(1)(f) Section 142(1)(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 142(1)(c) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 142(1)(c) amended 1 July 2012 section 58(12) Electoral (Administration) Amendment Act 2011 Section 142(2) inserted 9 April 2019 section 13 Local Electoral Matters Act 2019
143: Conduct of elections and polls
1: Regulations made under section 139(1)(h)
a: provisions—
i: prescribing the method of conducting elections to fill extraordinary vacancies, and requiring any other class of election to be held using that method:
ii: varying the method of conducting polls prescribed in this Act if the poll is conducted under section 18 section 19
b: provisions regulating—
i: the nomination of candidates:
ii: candidate profile statements:
iii: the issuing, handling, and processing of voting documents and other official documents:
iv: the management of official places:
v: communication between voters and other persons:
vi: procedures for voting:
vii: the handling of spoilt voting documents:
viii: procedures after the close of voting:
ix: the scrutiny of the electoral roll:
x: the conduct of the
xi: the declaration of the result of the election or poll:
c: provisions authorising or requiring electoral officers to publish, display, or distribute in the prescribed manner neutral information designed to assist voters to exercise an informed vote at polls conducted under this Act.
2: Without limiting the powers conferred by section 139(1)(h)
a: each electoral system:
b: each voting method:
c: ordinary and special voting respectively:
d: elections and polls respectively:
e: different classes of elections and polls. Section 143(1)(b)(x) amended 7 July 2004 section 17 Local Electoral Amendment Act 2004
144: Transitional regulations
Section 144 repealed 1 July 2002 section 145
145: Expiry of section 144
Section 144
146: Regulations having effect under this Act
1: The Local Government (Electoral) Regulations 1992 (SR 1992/62)
2: The regulations specified in subsection (1) may be amended from time to time under the corresponding empowering provision (if any) in this Act or (if there is no corresponding provision in this Act), as if this section contained the relevant empowering provision (as it read immediately before the commencement of this section).
147: Cost of elections and polls
1: If the electoral officer of a local authority conducts an election or poll, the reasonable costs and expenses of conducting that election or poll (except expenses of scrutineers and other expenses incurred by or on behalf of candidates) must be paid by the local authority.
2: If an electoral officer of a local authority conducts an election or poll using the services of any electoral official employed by or engaged by or on behalf of another local authority, the local authority for whom the election or poll is conducted must pay to the local authority whose employees or contractors have provided services the reasonable costs and expenses incurred by that local authority, as agreed by or on behalf of the local authorities concerned.
3: Any dispute about the amount to be paid under subsection (2) must be determined by the Auditor-General after any inquiry that the Auditor-General thinks fit.
4: The decision of the Auditor-General under subsection (3) is final and binding on the local authorities concerned.
5: Nothing in this section limits the provisions of any other Act. 1976 No 144 s 118
148: Validation of irregularities
1: The Governor-General may, by Order in Council published in the Gazette
a: anything is omitted to be done at the time required by or under this Act or any regulations made under this Act; or
b: anything cannot be done at the time required by or under this Act or any regulations made under this Act; or
c: anything is done before or after the time required by or under this Act or any regulations made under this Act; or
d: anything is otherwise irregularly done in matter of form; or
e: sufficient provision is not made by or under this Act or any regulations made under this Act.
2: 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 he or she thinks fit. 1976 No 144 s 122 1997 No 53 s 63
149: Amendments to section 101ZQ of Local Government Act 1974
Section 149 repealed 25 December 2002 section 53(c) Local Electoral Amendment Act 2002
150: Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000
Amendment(s) incorporated in the Act(s)
151: Amendments to other enactments
The enactments set out in Schedule 3
152: Repeals and revocations
1: The enactments set out in Part 1
2: The regulations set out in Part 2
153: Transitional provisions relating to electoral systems
Sections 27 to 35 , and any election to fill an extraordinary vacancy held before the triennial general election in October 2004, Section 153 amended 25 December 2002 section 47 Local Electoral Amendment Act 2002
154: Transitional provisions relating to returning officers
1: Every person who, immediately before the commencement of this Act, was the returning officer for a local authority is, without further appointment, the electoral officer for that local authority.
2: Despite section 14(2)
155: Transitional provisions relating to electoral rolls
Sections 38 to 51
156: Further transitional provisions relating to electoral rolls
1: For the purposes of the triennial general election and any poll to be held on 13 October 2001,—
a: sections 7B to 7K of the Local Elections and Polls Act 1976
b: the residential electoral roll required by section 7BA of that Act section 7BB of that Act
2: For the purposes of the triennial general election and any poll to be held on 13 October 2001:
a: section 7BA of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 23
b: section 7BB of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24
c: section 7BE of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24 of the Local Electoral Act 2001
d: section 7BF of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24 of the Local Electoral Act 2001
3: For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 7H of the Local Elections and Polls Act 1976
a: for the words before the 18th day before polling day before 14 September 2001
b: for the words on the 18th day before polling day on 14 September 2001
4: For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 111 of the Local Elections and Polls Act 1976
a: for the words sections 22 107 section 70
b: for the words 4 o'clock in the afternoon of the 43rd day 4 o'clock in the afternoon of 31 August 2001
c: for the words paragraph (b) or paragraph (c) of section 37 of this Act section 20(2) section 21
5: For the purposes of the triennial general election and any poll to be held on 13 October 2001, any power or duty conferred on the principal administrative officer of a local authority by sections 7B to 7K of the Local Elections and Polls Act 1976
6: This section overrides section 151
157: Transitional provisions relating to voting documents
For the purposes of the triennial general election and any poll to be held on 13 October 2001,—
a: sections 75 to 77
b: sections 25 and 25A of the Local Elections and Polls Act 1976
i: as if every reference to a voting paper voting papers voting document voting documents
ii: with any modifications specified in regulations made under this Act; and
iii: with any other necessary modifications. |
DLM106750 | 2001 | Dairy Industry Restructuring Act 2001 | 1: Title
This Act is the Dairy Industry Restructuring Act 2001.
1: Preliminary provisions
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: Part 1 (preliminary provisions):
b: subpart 1 Commerce Act 1986 section 8
c: subpart 2
d: sections 157 to 159
e: section 164
f: section 166
2: Section 160
3: The rest of this Act comes into force on the amalgamation date.
4: New co-op must publish the amalgamation date in the Gazette Section 2(3) 16 October 2001 appointed as amalgamation date Gazette
3: Expiry
Section 3 repealed 20 February 2018 section 5 Dairy Industry Restructuring Amendment Act 2018
4: Purpose
The purpose of this Act is to—
a:
b: provide for the transition of the New Zealand Dairy Board to a wholly-owned subsidiary of new co-op and its conversion into a company 12 months after the commencement of this Part; and
c:
d: remove restrictions on the export of dairy products except for exports to designated markets; and
e: provide for the regulation of matters relating to the core database, including its management; and
f: promote the efficient operation of dairy markets in New Zealand by regulating the activities of new co-op to ensure New Zealand markets for dairy goods and services are contestable; and
g: provide for transitional arrangements following the removal of restrictions on the export of dairy products; and
h: make provision in relation to certain taxation consequences relating to the amalgamation; and
i: require co-operative dairy companies to enable supplying shareholders to transfer their shares to sharemilkers by agreement. Section 4(a) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 4(c) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 4(e) replaced 1 June 2021 section 4 Dairy Industry Restructuring Amendment Act 2020
5: Interpretation
1: In this Act, unless the context otherwise requires,— Access Panel section 63 allocation period section 26 amalgamation date application period section 75 associated person base milk price Board Dairy Board Act 1961 Board’s constitution capital notes chief executive Commission section 8 commodity
a: traded in significant quantities in globally contested markets; and
b: characterised by uniform technical specifications competent authority Animal Products Act 1999 constitution
a: in the case of a company within the meaning of section 2(1)
b: in the case of any other entity, the documents or instruments that form the constitution of the entity control sections 5 to 7 conversion date co-operative share
a: from the new co-op amalgamation; or
b: in relation to the supply of milk to new co-op by new entrants or shareholding farmers co-operative share standard core database
a: information provided to the manager of the core database under—
i: the Herd Testing Regulations 1958
ii: any regulations made under section 62
b: information provided to a previous manager under any of the things referred to in paragraph (a) while it was the manager of the core database; and
c: information provided to a previous manager or an intended manager under regulations made under section 65C dairy farmer subpart 5
a: means a person who produces milk, or intends to produce milk, in New Zealand from dairy cows as a business; but
b: does not include a sharemilker default price
a: the June price, if that price is within the price range, in—
i: the first season for the supply of milk to which an application to supply as a shareholding farmer relates; or
ii: the season after a notice of withdrawal is given; or
b: the published price on the date that an application is made or a notice of withdrawal is given plus 7.5% if the June price referred to in paragraph (a) exceeds the highest price in the price range; or
c: the published price on the date that an application is made or a notice of withdrawal is given less 7.5% if the June price referred to in paragraph (a) is less than the lowest price in the price range described as organic section 9 designated market
a: for the initial and interim licences, a market listed in Schedule 5
b: for the licences that apply following the initial and interim licences, a market listed in Schedule 5A eligible participant
a: is eligible to hold an export licence; and
b: collects at least 0.1% of total milk solids collected from farmers in New Zealand based on the most representative data of total milk solids collected in New Zealand in the latest year that data is available prior to an allocation period entity
a: a company or other body corporate:
b: a corporation sole:
c: in the case of a trust that has—
i: only 1 trustee, the trustee acting in their capacity as trustee:
ii: more than 1 trustee, the trustees acting jointly in their capacity as trustees:
d: an unincorporated body (including a partnership) export export licence
a: the initial licences of the Board:
b: a licence allocated under section 25 26 29 farm gate milk price general export licence section 26(5) herd testing holder section 29B independent
a: a shareholding farmer:
b: a relative of a shareholding farmer:
c: an employee of new co-op:
d: an employee of a shareholding farmer:
e: a person who has a direct or indirect financial interest in a farm that supplies milk to new co-op:
f: a person who has a relevant interest in new co-op fund securities independent processor
a: means a processor of milk or milk solids or dairy products who is not an associated person of new co-op; and
b: includes New Zealand Dairy Foods Limited and any associated person of that company other than new co-op initial licence section 24 initial period section 24 insolvency
a: the appointment of a receiver in respect of all or substantially all of the property of the Board; or
b: the appointment of a liquidator or interim liquidator under Part 16
c: removal from the register of companies kept pursuant to section 360(1)(a)
d: the appointment of a statutory manager under Part 3 intended manager section 65B interconnected body corporate section 2(7) interim licence
a: Canada, the licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of butter not exceeding 2 000 tonnes; and
b: the Dominican Republic, a licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of milk powder not exceeding 4 800 tonnes; and
c: the European Communities—
i: as described in section 25(2)(a)
ii: as described in section 25(2)(b)
iii: as described in section 25(2)(c) interim period June price kilograms of milk solids LIC LIC board licensed market section 6(1) manager of the core database
a: DairyNZ Limited; or
b: an entity appointed by regulations made under section 65A
c: the Crown, if the management of the core database has reverted to the Crown under section 68 section 65A marae market maker in co-operative shares milk price manual section 150F milk solids Minister Ministry new co-op new co-op amalgamation Part 13 new co-op fund section 109D(1)(b) new co-op fund securities section 109D(1)(b)(i) new entrant section 73 operator section 6 organic milk
a: means milk that is described as organic and restricted by an organic standard; or
b: if milk is not restricted by an organic standard, means raw milk—
i: produced by an operator complying voluntarily with a relevant organic standard (as referred to in section 12(c)
ii: certified as organic milk by a certifying entity or person prescribed by regulations made under section 115(1)(fa) organic standard section 6 panel section 150D person eligible to hold an export licence Part 5 personal information section 7(1) previous manager section 65A price range section 73 section 97 publicly accessible publicly available
a: the document or information is available for inspection, free of charge, on an Internet site that is publicly accessible at all reasonable times (except to the extent that making the document or information available would infringe copyright in the material in question or is inconsistent with any enactment or rule of law); and
b: a copy of the document or information is available for inspection, free of charge, at all reasonable times at the head office of the person required to make it publicly available or, if that person is a Minister, at the head office of the relevant Ministry; and
c: copies of the document or information may be purchased by any person at a reasonable price published price section 77(1) quota year
a: the European Communities, the United States of America, the Dominican Republic, and the United Kingdom
b: Japan, a period of 12 months beginning on 1 April and ending on 31 March in the following year quoted section 6(1) raw milk
a: means untreated milk from a cow; and
b: includes untreated organic milk; and
c: includes any other milk of a kind that is not excluded by paragraph (d) and is prescribed by regulations made under section 115
d: does not include—
i: milk or a component of milk from a cow if the milk or component is produced under special conditions by, for example, the use of specialised herd selection, specialised farming practice, specialised feeding practice, or new technology; or
ii: colostrum relative
a: that person's spouse, civil union partner, or de facto partner:
b: a parent or step-parent of that person:
c: a child or stepchild of that person:
d: a brother or sister of that person, including a stepbrother or stepsister:
e: a grandchild of that person:
f: a grandparent of that person:
g: a parent, step-parent, brother, or sister, including a stepbrother or stepsister, of that person's spouse, civil union partner, or de facto partner relevant interest sections 235 to 238 restricted by an organic standard section 10 season shareholding farmer sharemilker section 2 specified subpart 5 provisions section 109A supply redemption rights surrender amount section 97 tariff quota total cost of milk
a: getting a sum by adding together all payments to which all the following apply:
i: the payment is made by new co-op or any body that is an interconnected body corporate of new co-op; and
ii: the payment is made to a shareholding farmer; and
iii: the payment is for the raw milk that the farmer supplies to new co-op or any body that is an interconnected body corporate of new co-op in a season; and
b: deducting from the sum—
i: the total organic milk premium for the season; and
ii: the total winter milk premium for the season total organic milk premium total winter milk premium trade section 241(3) transacting shareholder section 4 winter milk section 115 year
2: A person is an associated person
a: they are both bodies corporate and they consist substantially of the same members or shareholders or are under the control of the same persons; or
b: either of them has the power, directly or indirectly, to exercise, or control the exercise of, the rights to vote attached to 25% or more of the voting products (within the meaning of section 6(1)
c: one is a director of the other; or
d: either of them is able, directly or indirectly, to exert a substantial degree of influence over the activities of the other. Section 5(1) Access Panel inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) allocation period inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) approved restructuring day repealed 1 June 2021 section 5(4) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) base milk price inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) chief executive substituted 15 December 2007 section 4(2) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) commodity inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) competent authority inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) constitution inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) conversion date replaced 27 July 2012 section 4(2) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) core database replaced 1 June 2021 section 5(2) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) described as organic inserted 6 April 2023 section 161(2) Organic Products and Production Act 2023 Section 5(1) designated market substituted 15 December 2007 section 4(3) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) eligible participant inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) entity inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) exiting company repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 5(1) export licence substituted 15 December 2007 section 4(4) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) farm gate milk price inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) general export licence inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) holder inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) independent inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) initial licence amended 15 December 2007 section 4(5) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) intended manager inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) interim licence inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) interim period inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) kilograms of milk solids inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) licensed market inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) listed repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) manager of the core database inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) marae inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) market maker in co-operative shares replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) milk price manual inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) milk solids inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) Ministry inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) new co-op fund inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) new co-op fund securities inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) operator inserted 6 April 2023 section 161(2) Organic Products and Production Act 2023 Section 5(1) organic milk replaced 6 April 2023 section 161(3) Organic Products and Production Act 2023 Section 5(1) organic standard inserted 6 April 2023 section 161(2) Organic Products and Production Act 2023 Section 5(1) panel repealed 1 June 2021 section 5(3) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) panel inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) peak note price repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 5(1) peak note standard repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 5(1) peak notes repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 5(1) person eligible to hold an export licence inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) personal information inserted 1 June 2023 section 13 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 5(1) previous manager inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) publicly accessible inserted 1 June 2023 section 13 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 5(1) publicly available inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) qualifying company repealed 1 June 2021 section 5(4) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) qualifying products or services repealed 1 June 2021 section 5(4) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) quota year inserted 15 December 2007 section 4(1) Dairy Industry Restructuring Amendment Act 2007 Section 5(1) quota year amended 31 May 2023 section 6 United Kingdom Free Trade Agreement Legislation Act 2022 Section 5(1) quoted inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) raw milk inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) registered market repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) relative inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) relevant interest replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) restricted by an organic standard inserted 6 April 2023 section 161(2) Organic Products and Production Act 2023 Section 5(1) specified subpart 5 provisions inserted 27 July 2012 section 4(1) Dairy Industry Restructuring Amendment Act 2012 Section 5(1) total cost of milk inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) total organic milk premium inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) total winter milk premium inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(1) trade replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) winter milk inserted 1 June 2021 section 5(1) Dairy Industry Restructuring Amendment Act 2020 Section 5(2)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
5A: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 5A inserted 1 June 2021 section 6 Dairy Industry Restructuring Amendment Act 2020
5B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 5B inserted 1 June 2021 section 6 Dairy Industry Restructuring Amendment Act 2020
6: Act binds the Crown
This Act binds the Crown.
2: Restructuring and regulation of dairy industry
1: Authorisations under Commerce Act 1986
Subpart 1 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
7: Authorisations granted
Section 7 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
8: Assets and shares acquired after 15 August 2001
Section 8 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
9: Undertaking to dispose of shares in New Zealand Dairy Foods Limited
Section 9 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
10: Nature of obligation
Section 10 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
11: New co-op’s constitution
Section 11 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
2: Matters relating to New Zealand Dairy Board
Subpart 2 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
12: Purpose
Section 12 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Amendments to Dairy Board Act 1961 taking effect on amalgamation date Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
13: Amendments to Dairy Board Act 1961
Section 13 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Conversion of Board into company after 1 year Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
14: Conversion of Board into company
Section 14 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Exiting company buy-out agreements Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
15: Agreement for transfer or surrender
Section 15 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Default procedure for buy-out of exiting companies’ interests in Board Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
16: Default procedure for buy-out of exiting companies’ interests in Board
Section 16 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
17: Notice to stop default procedure
Section 17 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
18: Default procedure to stop if new co-op amalgamation does not take effect
Section 18 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Miscellaneous provisions relating to exiting company buy-out Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
19: Transfer of shares
Section 19 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
20: Cancellation of shares surrendered
Section 20 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
3: International trade with designated markets
Access to designated markets
21: Purpose
1: The purpose of this subpart is to—
a: maximise the economic benefits to New Zealand arising from tariff quotas maintained by foreign governments controlling access to their domestic markets:
b: provide that the New Zealand dairy industry is the recipient of these benefits:
c: safeguard New Zealand’s interests in respect of those tariff quotas:
d: ensure that the administrative and other arrangements made are consistent with New Zealand’s international obligations.
2: The Crown owns the rights to secure the economic benefits deriving from the tariff quotas referred to in subsection (1).
3: Those rights in respect of designated markets described in Schedules 5 5A
4: This subpart does not prevent the Crown from engaging in international trade negotiations for the purpose of establishing, amending, or terminating tariff quotas. 1999 No 97 s 12 Section 21(3) amended 15 December 2007 section 5 Dairy Industry Restructuring Amendment Act 2007
22: Overview
1: Section 23
2: Sections 24 25
3: Sections 26 to 42 Section 22(3) substituted 15 December 2007 section 6 Dairy Industry Restructuring Amendment Act 2007
23: Restrictions on exports to designated markets
1: A person must not export directly or indirectly to a designated market any dairy product that is described in Schedules 5 5A
a: is the holder of a current export licence; and
b: exports product in accordance with that licence in respect to the product and market.
2: No export restrictions apply to a designated market listed in Schedule 5 Schedule 5A Section 23 substituted 15 December 2007 section 7 Dairy Industry Restructuring Amendment Act 2007 Export licences conferred on Board
24: Licences during initial period
1: The Board has the licences to export to each designated market until the end of the initial period.
2: The initial period
a: in respect of exports to designated markets in Canada, the period ending on 31 July 2007:
b: in respect of exports to designated markets in the European Communities, the period ending on 31 December 2007:
c: in respect of exports of cheddar cheese and low-fat cheese to designated markets in the United States of America, the period ending on 31 December 2008:
d: in respect of exports of NSPF cheese and other American-type cheeses to designated markets in the United States of America, the period ending on 31 December 2009:
e: in respect of exports to designated markets in Japan, the period ending on 31 March 2010:
f: in respect of exports to designated markets in the Dominican Republic, the period ending on 30 June 2007. 1999 No 97 s 14
25: Reduction of licences in respect of designated markets in European Communities during the interim period
1: The Board holds the interim licences to export to designated markets in the European Communities for the periods and the reduced amounts specified in subsection (2).
2: The reductions applying to the interim
a: in the 12 months to 31 December 2008,—
i: in the case of butter, for the lesser of 75% of the total available quantity and 57 500 tonnes of that butter:
ii: in the case of cheese for processing, for the lesser of 75% of the total available quantity and 3 000 tonnes of that cheese:
iii: in the case of cheddar cheese, for the lesser of 75% of the total available quantity and 5 250 tonnes of that cheese:
b: in the 12 months to 31 December 2009,—
i: in the case of butter, for the lesser of 50% of the total available quantity and 38 333 tonnes of that butter:
ii: in the case of cheese for processing, for the lesser of 50% of the total available quantity and 2 000 tonnes of that cheese:
iii: in the case of cheddar cheese, for the lesser of 50% of the total available quantity and 3 500 tonnes of that cheese:
c: in the 12 months to 31 December 2010,—
i: in the case of butter, for the lesser of 25% of the total available quantity and 19 166 tonnes of that butter:
ii: in the case of cheese for processing, for the lesser of 25% of the total available quantity and 1 000 tonnes of that cheese:
iii: in the case of cheddar cheese, for the lesser of 25% of the total available quantity and 1 750 tonnes of that cheese. Section 25 heading substituted 15 December 2007 section 8(1) Dairy Industry Restructuring Amendment Act 2007 Section 25(1) substituted 15 December 2007 section 8(2) Dairy Industry Restructuring Amendment Act 2007 Section 25(2) amended 15 December 2007 section 8(3) Dairy Industry Restructuring Amendment Act 2007
25A: Export licence conferred on Board by section 24 or 25 must be recorded in register of export licence holders
1: The chief executive must record an export licence conferred on the Board by section 24 25 section 29B
2: The Board must supply all necessary information to the chief executive for the purpose of subsection (1). Section 25A inserted 15 December 2007 section 9 Dairy Industry Restructuring Amendment Act 2007
26: Later allocation of export licences
1: The following are vested in or revert to the Crown:
a: any rights in respect of designated markets that become available as a result of the expiry of the initial period under section 24
b: any rights in respect of designated markets in the European Communities listed in Schedule 5A section 25
c: any quantities that become available as a result of increases in rights in respect of designated markets listed in Schedule 5A section 27A(2)
d: any rights in respect of designated markets listed in Schedule 5A
e: any rights in respect of the United Kingdom listed in Schedule 5A
2: Following the expiry of the initial and interim licences, export licences for the designated markets listed in Schedule 5A
3: The Minister must, in accordance with the rules set out in Schedule 5B Schedule 5A
4: If the Minister is satisfied that an allocation under subsection (3) is not appropriate, having regard to the purpose in section 21(1)
5: The Minister may allocate a general export licence for trade at the normal tariff (outside the terms of the quota), in respect of a designated market listed in Schedule 5A
6: Subsection (5) applies subject to section 29A
7: The Governor-General may, by Order in Council made on the recommendation of the Minister, allocate or reallocate export licences in respect of designated markets listed in Schedule 5A
8: Before making an allocation under subsection (5), the Minister must—
a: be satisfied that an allocation is appropriate in the circumstances; and
b: have regard to the purpose in section 21(1)
9: Subsection (1) does not limit the Minister’s power under subsection (3) or (5), or the Governor-General’s power under subsection (7), to allocate new licences in respect of those rights or quantities to the Board or new co-op.
10: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 26 substituted 15 December 2007 section 10 Dairy Industry Restructuring Amendment Act 2007 Section 26(1)(e) inserted 31 May 2023 section 7 United Kingdom Free Trade Agreement Legislation Act 2022 Section 26(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26A: Commencement and expiry of UK quotas
1: If the UK FTA first comes into force on a day other than 1 January in any year, a transitional tariff rate quota must be applied in that year on a pro rata basis.
2: If a UK WTO tariff quota first becomes available under this Act on a day other than 1 January in any year, the tariff quota must be applied in that year on a pro rata basis.
3: Despite anything to the contrary in section 26
4: In this section,— transitional tariff rate quota Schedule 5A UK FTA UK WTO tariff quota Schedule 5A Section 26A inserted 31 May 2023 section 8 United Kingdom Free Trade Agreement Legislation Act 2022
27: Increases in rights to export to designated markets during initial period
1: This section applies if, during the initial period, there is an increase in the Crown’s rights to secure the economic benefits that are obtained from designated markets that are not allocated in an existing export licence.
2: Any such increase vests automatically in the Board as part of the initial licences conferred on the Board under this subpart. 1999 No 97 s 16
27A: Increases or reductions in rights to export to designated markets after initial period
1: This section applies if, after the initial period, there is an increase or reduction in rights to secure economic benefits from designated markets that are not allocated in an existing export licence.
2: An increase in a right to export to a designated market during the course of an allocation period accrues on a pro rata basis to the registered holders of export licences at the time the increase first becomes available for use.
3: A reduction in a right to export to a designated market during the course of an allocation period applies on a pro rata basis to the registered holders of export licences for that designated market at the time the volumes reduce.
4: In the case of interim licences held by the Board, the allocation period for any licence for a specified quantity is the period for which the licence is valid for that quantity.
5: An accrual under subsection (2) and a reduction under subsection (3) applies only for the remainder of the allocation period.
6: An accrual or reduction referred to in subsection (5) must be recorded in the register of export licence holders that is kept in accordance with section 29B Section 27A inserted 15 December 2007 section 11 Dairy Industry Restructuring Amendment Act 2007
28: Restriction on transfer of initial licences
1: The Board may not transfer, sub-license, or otherwise dispose of an initial licence in respect of a designated market to any other person.
2: In order to comply with the restriction on transfer in subsection (1) and for the purposes of the Customs and Excise Act 2018 Section 28(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Transferring export licences Heading inserted 15 December 2007 section 12 Dairy Industry Restructuring Amendment Act 2007
28A: Transferring export licences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of governing the transfer of export licences or parts of export licences.
2: Export licences may be transferred only in accordance with regulations made in accordance with subsection (1).
3: The chief executive is responsible for administering the transfer of export licences.
4: Subsection (1) applies subject to section 28
5: Regulations made under this section are 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 28A inserted 15 December 2007 section 12 Dairy Industry Restructuring Amendment Act 2007 Section 28A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(5) amended 28 October 2021 regulation 20 Legislation Act (Amendments to Legislation) Regulations 2021 Revocation of initial licences Heading inserted 15 December 2007 section 13 Dairy Industry Restructuring Amendment Act 2007
29: Revocation of initial licences
1: All of the initial licences of the Board are revoked in the case of—
a: the Board’s insolvency:
b: new co-op ceasing to control the Board.
2: An initial licence of the Board is revoked if the Board transfers, sub-licenses, or otherwise disposes of any rights conferred by it to another person.
3: The rights conferred by a licence that is revoked revert to the Crown.
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, allocate new licences in respect of the rights that revert to the Crown under this section.
5: Before making a recommendation under subsection (4), the Minister must have regard to the purpose in section 21(1)
6: Subsection (1) does not limit the Governor-General’s power under subsection (4) to allocate new licences in respect of those rights to the Board or new co-op.
7: An order under this section is secondary legislation ( see Part 3 1999 No 97 s 17 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 29(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Quota trade completed before trade at normal tariff Heading inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29A: Quota trade completed before trade at normal tariff
1: This section applies to trade at the normal tariff (outside the terms of the quota) for the following markets:
a: prepared edible fat to Japan:
b: milk powder to the Dominican Republic.
2: For the markets listed in subsection (1), in any quota year, holders of export licences for trade at the normal tariff may not use those export licences until the quota for the market is filled in that quota year.
3: A quota is to be treated as filled when the competent authority has issued export certificates to all licence holders for at least 95% of each export licence holder’s quantity of export licences.
4: The competent authority must publicly notify the industry when a quota is filled in accordance with subsection (3).
5: When a quota is filled, the competent authority must, as soon as is reasonably practicable,—
a: publish a notice in the Gazette
b: notify the eligible participants in any manner that the competent authority considers effective and appropriate, including electronically.
6: An export licence holder may use the export licence for trade at the normal tariff only for the remainder of the quota year in which publication and notification are made in accordance with subsection (5). Section 29A inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Maintaining register of licence holders Heading inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29B: Register of export licence holders
1: The chief executive must—
a: keep and maintain a register of export licence holders; and
b: make the register available to the competent authority; and
c: on receipt of a written request, allow a holder of an export licence to inspect information on the register that relates to his or her licence.
2: The register must contain the following information:
a: the full name and address of the export licence holder:
b: each designated market for which the holder holds an export licence:
c: the volume of quota rights held in respect of each export licence for each quota year:
d: the following dates for each export licence:
i: date of registration:
ii: date of commencement:
iii: date of expiry:
e: the date of transfer, if any, of the export licence or part of the export licence:
f: the full name and address of the previous holder of the export licence.
3: If a person holds more than 1 export licence for a designated market for the same quota year, each export licence must be registered separately.
4: This section does not apply to general export licences allocated under section 26(5) Section 29B inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Powers of chief executive Heading inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29C: Power to authorise persons
The chief executive may only authorise a person to exercise a power under sections 29E to 29H Section 29C inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Section 29C amended 1 October 2012 section 230(2) Search and Surveillance Act 2012
29D: Power to require assistance
The chief executive, or a person authorised by the chief executive, may call on any person for assistance in the exercise of any or all of the powers under sections 29E to 29L Section 29D inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29E: Power of entry without search warrant
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Before entering any place under subsection (1), the chief executive or person authorised by the chief executive must—
a: give the owner or occupier reasonable notice of his or her intention to enter the place, unless to do so would defeat the purpose of the entry; and
b: if notice under paragraph (a) is not or cannot be given, leave in a prominent location at the place a written statement of—
i: the time and date of the entry; and
ii: the purpose of the entry; and
iii: the name of the person; and
iv: the address of the office to which inquiries should be made.
3: A person who exercises any power under this section must produce his or her evidence of authorisation—
a: on first entering the place; and
b: subsequently whenever reasonably required to do so by a person appearing to have charge of the place or any part of the place. Section 29E inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29F: Power to examine, etc
For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B section 29E
a: examine all things, and open containers, packages, and other things to inspect their contents:
b: examine, inquire about, and copy any documents or other records (including records held in electronic or other form) and may—
i: remove documents or records to another place for a reasonable time for the purpose of copying them, or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the chief executive or authorised person; and
ii: require a person who has control of or knowledge of the documents or records to reproduce or assist in reproducing in usable form information recorded or stored in a computer or other device or system; and
iii: direct the occupier to identify and hold any equipment, package, container, or document until any lawful direction of the chief executive, or a person authorised by the chief executive, has been complied with; and
iv: take photographs of any container, package, equipment, or thing. Section 29F inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29G: Power to require information
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Any information, documents, or answers required under subsection (1) must be provided within a reasonable time to a person or place as directed by the chief executive, or a person authorised by the chief executive.
3: An eligible participant or an employee or agent of an eligible participant may not refuse to answer a question under subsection (1) on the ground that the answer would be likely to incriminate the eligible participant.
4: An incriminating answer under this section—
a: may be used in civil or criminal proceedings against the eligible participant if it is a body corporate; but
b: may not be used in civil or criminal proceedings against the employee or agent of the eligible participant who gave the incriminating answer. Section 29G inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29H: Power to audit milk
solids
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B solids
2: Participants must be notified of the possibility of an audit on a cost-recovery basis at the time of an application for an export licence.
3: Participants may be charged a fee for an audit carried out under subsection (1). Section 29H inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Section 29H heading amended 31 May 2023 section 9(1) United Kingdom Free Trade Agreement Legislation Act 2022 Section 29H(1) amended 31 May 2023 section 9(2) United Kingdom Free Trade Agreement Legislation Act 2022 Search warrants Heading inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007
29I: Issue of search warrant
1: An issuing officer (within the meaning of section 3 made in the manner provided in subpart 3
a: in respect of which an offence under section 31(3)
b: that has been, is being, or is intended to be used by any person for the commission of an offence under section 31(3)
c: that is evidence of the commission of an offence under section 31(3)
2: Subject to section 29L Part 4
3: Despite subsection (2), sections 118 119 Section 29I inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Section 29I(1) amended 1 October 2012 section 230(3)(a) Search and Surveillance Act 2012 Section 29I(1) amended 1 October 2012 section 230(3)(b) Search and Surveillance Act 2012 Section 29I(2) replaced 1 October 2012 section 230(4) Search and Surveillance Act 2012 Section 29I(3) replaced 1 October 2012 section 230(4) Search and Surveillance Act 2012
29J: Entry and search powers when executing warrant
Section 29J repealed 1 October 2012 section 230(5) Search and Surveillance Act 2012
29K: Requirements when executing warrant
Section 29K repealed 1 October 2012 section 230(5) Search and Surveillance Act 2012
29L: Disposal of property seized under search warrant
Subpart 6 constable
a:
b:
c:
d: if any person is convicted of an offence to which the item relates, the court may, if it thinks fit, order that the item be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the chief executive in retaining the item. Section 29L inserted 15 December 2007 section 14 Dairy Industry Restructuring Amendment Act 2007 Section 29L amended 1 October 2012 section 230(6)(a) Search and Surveillance Act 2012 Section 29L amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 29L(a) repealed 1 October 2012 section 230(6)(b) Search and Surveillance Act 2012 Section 29L(b) repealed 1 October 2012 section 230(6)(b) Search and Surveillance Act 2012 Section 29L(c) repealed 1 October 2012 section 230(6)(b) Search and Surveillance Act 2012 Enforcement
30: Customs and Excise Act 2018 to apply to prohibited exports
1: All the provisions of the Customs and Excise Act 2018 subpart 4
2: The penalty for an offence against section 388(1)(b) Section 30 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
31: Offences
1: Every person commits an offence against this Act and is liable on section 23
2: Every person commits an offence against this Act, and is liable on section 29G
a: a fine not exceeding $200,000; and
b: a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
3: Every person commits an offence against this Act, and is liable for the following, who provides a false declaration in relation to milk solids Schedule 5B
a: a declaration by a court of competent jurisdiction that the person is not eligible for further allocations of export licences for a period determined by the court; and
b: a fine not exceeding $200,000 or a term of imprisonment not exceeding 3 months, or both. 1996 No 40 ss 13 15 1999 No 97 s 28 Section 31(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(2) added 15 December 2007 section 15 Dairy Industry Restructuring Amendment Act 2007 Section 31(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(3) added 15 December 2007 section 15 Dairy Industry Restructuring Amendment Act 2007 Section 31(3) amended 31 May 2023 section 10 United Kingdom Free Trade Agreement Legislation Act 2022
32: Strict liability
1: In any proceedings for an offence under section 31
2: This section does not limit section 429(4) 1996 No 88 s 240 1999 No 97 s 29 Section 32(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
33: Defence available
1: It is a defence in any proceedings for an offence under section 31
a: the contravention was due to an event or cause beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
2: A defendant is not, without leave of the court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)(a) unless the defendant has, not later than 7 working days before the date on which the hearing of the proceedings commences, served on the prosecutor 1996 No 88 s 241 1999 No 97 s 30 Section 33(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
34: Liability of companies and persons for actions of agents or employees
1: Any act or omission on behalf of a person other than a body corporate by—
a: an agent or employee of that person; or
b: any person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a),— is treated, for the purpose of this subpart, also as the act or omission of the first-mentioned person.
2: Any act or omission on behalf of a body corporate by—
a: a director, agent, or employee of that body corporate; or
b: any other person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a)— is treated, for the purpose of this subpart, also as the act or omission of the body corporate.
3: However, if proceedings are brought under section 31
a: in the case of a natural person (including a partner in a firm), that—
i: he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or
ii: he or she took all reasonable steps to prevent the commission of the offence; and
b: in the case of a body corporate, that—
i: neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or
ii: the body corporate took all reasonable steps to prevent the commission of the offence; and
c: in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
4: For the purposes of this section,—
a: a person may act as an agent of another person or body corporate whether or not the first-mentioned person is employed by the other person or body corporate and whether or not he or she is acting for reward:
b: any agent or employee of a person acting as an agent is treated as also acting as an agent for the other person or body corporate referred to in paragraph (a). 1996 No 88 s 245 1999 No 97 s 31
35: Liability of directors and managers
1: If a body corporate commits an offence under section 31
a: the act or omission that constituted the offence took place with the director’s or person’s authority, permission, or consent; or
b: the director or person knew or should 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: Every person to whom subsection (1) applies is liable on section 31
3: A person may be convicted of the offence even though the body corporate has not been charged with that offence or a similar offence. 1996 No 88 s 246 1999 No 97 s 31 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
36: Presumption as to authority
A return, record, transaction, form, application, or other information purporting to be completed, kept, or provided by, or on behalf of, any person is, for the purpose of this subpart, treated as having been completed, kept, or provided by that person unless the contrary is proved. 1996 No 88 s 247 1999 No 97 s 31
37: No Crown liability
The Crown is not liable to any person for—
a: any termination or amendment of tariff quotas, however caused; or
b: any reduction, expiry, revocation, or reversion of export licences under this subpart; or
c: any reduction in the value of export licences, however caused.
38: Infringement actionable by licensee
1: The export of dairy product to a designated market in breach of section 23
2: No proceedings may be brought under subsection (1) in respect of the export of any dairy product unless the Customs administration or other authority responsible for the administration of the tariff quota in the market to which the specific product has been exported has treated, or has determined (whether provisionally or finally) to treat, that specific product as falling within the relevant designated market.
3: In proceedings under subsection (1), the court may award any relief by way of damages, injunctions, accounts, or otherwise that the court considers appropriate in the circumstances.
4: In proceedings under subsection (1), the court may give any directions it thinks just in respect of the joinder of any person having concurrent rights of action under subsection (1) in respect of the alleged breach. 1962 No 33 s 24(1) 1994 No 143 ss 120 124 1999 No 97 s 33
39: Unjustified proceedings
1: If a person brings proceedings under section 38
a: make a declaration that the bringing of proceedings was unjustified:
b: on making a declaration, make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.
2: A court must not grant relief under this section if the person who brought the proceedings proves that the acts in respect of which proceedings were brought constituted a breach of section 23
3: Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client. 1994 No 116 s 40 1994 No 143 s 130 1999 No 97 s 34 Notice of international obligations
40: Notice of international obligations
1: The Minister of the Crown who (under the authority of any warrant or with the authority of the Prime Minister) is in charge of international trade may at any time give to any exporter to a designated market a written notice specifying—
a: a particular international obligation of New Zealand; and
b: an element of the performance of the exporter’s functions or the exercise of the exporter’s powers to which, in the Minister’s opinion, the obligation is relevant.
2: The exporter to whom the notice is given is under a legal duty to ensure that its performance or the exercise of the element is consistent with the obligation until the notice is revoked. Supply of information
41: Minister may require information
1: Any holder of an export licence must supply to the Minister any information relating to designated markets that the Minister considers is relevant to the purpose in section 21(1)
2: Subsection (1) applies only to information that is in the person’s possession or that the person can obtain without unreasonable difficulty or expense.
3: Every person commits an offence who fails, without reasonable excuse, to comply with a request under subsection (1) and is liable on Section 41(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
42: Disclosure of information
1: The chief executive (or any officer of his or her Ministry authorised in that behalf) and the Comptroller of Customs (or any officer of Customs authorised in that behalf) may, for the purpose of the administration of this Act or the Dairy Industry Act 1952 Customs and Excise Act 2018
2: Information obtained under subsection (1) must not be disclosed except—
a: to the persons authorised under that subsection; or
b: for the purpose of any proceedings that have been commenced or that are reasonably in contemplation and that are connected with a matter in relation to which those persons perform their duties.
3: No obligation as to secrecy or other restriction on the disclosure of information imposed by any enactment or otherwise prevents a disclosure under this section. Section 42(1) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
4: Management of core database
Subpart 4 heading replaced 1 June 2021 section 7 Dairy Industry Restructuring Amendment Act 2020
43: Overview
1: Section 43A
2: Sections 48 to 52
2A: Sections 62 to 65D
a: herd testing:
b: the provision of information to the core database:
c: access to the core database:
d: disclosure of information by the manager of the core database:
e: the appointment of the manager of the core database and the naming of an intended manager:
f: the regulation of a previous manager or an intended manager of the core database.
3: Sections 66 to 68 Section 43(1) replaced 1 June 2021 section 8(1) Dairy Industry Restructuring Amendment Act 2020 Section 43(2) replaced 1 June 2021 section 8(1) Dairy Industry Restructuring Amendment Act 2020 Section 43(2A) inserted 1 June 2021 section 8(1) Dairy Industry Restructuring Amendment Act 2020 Section 43(3) amended 1 June 2021 section 8(2) Dairy Industry Restructuring Amendment Act 2020
43A: Manager of core database must retain database
1: The constitution of the manager of the core database must be read as requiring the manager to retain the core database.
2: Subsection (1) does not apply if—
a: the Minister and the manager of the core database agree in writing that the subsection no longer applies; or
b: the manager of the core database is the Crown. Section 43A inserted 1 June 2021 section 10 Dairy Industry Restructuring Amendment Act 2020 Restructuring plan for LIC Heading repealed 1 June 2021 section 9 Dairy Industry Restructuring Amendment Act 2020
44: Restructuring plan
Section 44 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
45: Contents of restructuring plan
Section 45 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
46: Share allocation plan
Section 46 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
47: Constitution must provide for retention of core database
Section 47 repealed 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020
48: Constitution must restrict who may hold shares
1: The LIC board must ensure that the constitution in the restructuring plan requires that shares in LIC must be held only by persons who—
a: derive an income from farming dairy cows in New Zealand whose milk is supplied for processing in New Zealand (including sharemilkers); and
b: purchase products or services from LIC, as determined by LIC.
2: The LIC board must ensure that the constitution in the restructuring plan requires a shareholder who is not, or has ceased to be, a transacting shareholder of LIC to surrender all or any of the shareholder’s shares in LIC.
3: The provision in the constitution required by subsection (1) does not prevent—
a: shareholders continuing to hold shares until surrender, in accordance with the provision in the constitution required by subsection (2); or
b: LIC holding its own shares under section 24 section 67A
49: Constitution must impose maximum voting rights
1: The LIC board must ensure that the constitution in the restructuring plan provides that no person may exercise, or control the exercise of, more than 1% of the maximum number of votes that may be exercised at a meeting of LIC.
2: The LIC board must ensure that the constitution in the restructuring plan provides that the following are included in the calculation of a person’s number of votes:
a: the number of votes that an associated person of the person may exercise or control the exercise of; and
b: the number of votes that a person may exercise or control the exercise of by reason of being appointed as a proxy.
50: Constitution must provide for postal voting
The LIC board must ensure that the constitution in the restructuring plan provides for postal voting in accordance with clause 7
51: Minister’s consent needed to change certain provisions of constitution
The provisions of the constitution of LIC referred to in sections 47 to 50
52: Corporate form
1: The LIC board must ensure that, under the restructuring plan, LIC becomes a company registered under Part 2
2: No application may be made under section 12
3: Subsection (2) is additional to the requirements in section 12
53: Application for registration of co-operative company
Section 53 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Minister approves restructuring plan Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
54: LIC board must give restructuring plan to Minister
Section 54 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
55: Approval of restructuring plan
Section 55 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
56: Revision of restructuring plan
Section 56 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
57: Approval of revised restructuring plan
Section 57 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
58: Failure to submit restructuring plan
Section 58 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Notification to prospective shareholders Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
59: Notification to prospective shareholders
Section 59 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Implementation of restructuring plan Heading repealed 1 June 2021 section 11 Dairy Industry Restructuring Amendment Act 2020
60: Implementation of restructuring plan
Section 60 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
61: Employees
Section 61 repealed 1 June 2021 section 11 Dairy Industry Restructuring Amendment Act 2020 Miscellaneous
62: Regulations relating to herd testing and provision of information to core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prohibiting herd testing except by persons or classes of persons, and in circumstances, specified in the regulations:
b: providing for the certification of herd testers or herd testing equipment, including—
i: providing for the approval of persons to issue certifications:
ii: providing for the criteria for, and terms and conditions of, certification:
iii: providing for other matters related to certifications, including applications, procedures, auditing of herd testers against herd testing practice standards, and the keeping of registers:
c: requiring LIC to offer a nationwide herd testing service:
d: requiring LIC to charge uniform prices for its herd testing service within regions specified in the regulations:
e: specifying information that must be provided to the manager of the core database for entering into the core database
f: requiring the manager of the core database
g: restricting the liability of the Crown for acts or omissions of persons approved to issue certifications.
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 62(1)(e) amended 1 June 2021 section 12(1) Dairy Industry Restructuring Amendment Act 2020 Section 62(1)(f) amended 1 June 2021 section 12(2) Dairy Industry Restructuring Amendment Act 2020 Section 62(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
63: Regulations relating to access to core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prohibiting the manager of the core database
b: providing for the establishment of an Access Panel
i: decide applications for access to data in the core database; and
ii: determine other circumstances in which the manager of the core database
c: restricting the manager of the core database
i: in accordance with a decision or determination of the Access Panel
ii: to the owner of the dairy herd to which the data relates:
d: requiring the Access Panel
e: if the Access Panel Access Panel Access Panel
f: providing for matters concerning the Access Panel’s
g: allowing the Access Panel the manager of the core database’s
h: requiring the manager of the core database Access Panel the manager of the core database
i: prescribing fees that may be charged by the Access Panel
j: requiring the manager of the core database
2: A levy order under subsection (1)(j) must specify the amount of the levy or the way the levy must be calculated.
3: The Minister must calculate the amount of the levy so as to ensure that the costs of the Access Panel
4: The manager of the core database
5: The Minister must consult with the manager of the core database
6: The Minister may—
a: deduct over-recoveries in respect of a financial year from the levy payable in subsequent financial years; or
b: add under-recoveries in respect of a financial year to the levy payable in subsequent financial years.
7: The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.
8: 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 63(1)(a) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(b) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(b)(ii) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(c) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(c)(i) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(d) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(e) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(f) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(g) amended 1 June 2021 section 13(2) Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(g) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(h) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(h) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(i) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(1)(j) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(3) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 63(4) amended 1 June 2021 section 13(3) Dairy Industry Restructuring Amendment Act 2020 Section 63(5) amended 1 June 2021 section 13(1) Dairy Industry Restructuring Amendment Act 2020 Section 63(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
64: General regulations relating to herd testing and core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: providing for the confidentiality of—
i: information supplied to the manager of the core database
ii: data in the core database; and
iii: information about applications for access:
b: providing for audits of the manager of the core database’s section 62 section 63
c: prescribing offences for the breach of, or non-compliance with, any of those regulations:
d: prescribing penalties not exceeding $20,000 for any offences prescribed under any of those regulations:
e: providing that a person is liable for damages for any loss or damage caused by that person’s contravention of any of those regulations.
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 64(1)(a)(i) amended 1 June 2021 section 14(1) Dairy Industry Restructuring Amendment Act 2020 Section 64(1)(b) amended 1 June 2021 section 14(2) Dairy Industry Restructuring Amendment Act 2020 Section 64(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65: Regulations requiring disclosure of information by
manager of core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: requiring the manager of the core database
i: the manager’s
ii: the manager’s Access Panel
b: prescribing the form of statutory declaration and who must provide it under section 66(4)
c: setting rules about when and for how long information must be disclosed.
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 65 heading amended 1 June 2021 section 15(1) Dairy Industry Restructuring Amendment Act 2020 Section 65(1)(a) amended 1 June 2021 section 15(2) Dairy Industry Restructuring Amendment Act 2020 Section 65(1)(a)(i) amended 1 June 2021 section 15(3) Dairy Industry Restructuring Amendment Act 2020 Section 65(1)(a)(ii) amended 1 June 2021 section 15(3) Dairy Industry Restructuring Amendment Act 2020 Section 65(1)(a)(ii) amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 65(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65A: Regulations appointing manager of core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations appointing an entity to manage the core database.
2: The Minister may make the recommendation only if—
a: the core database reverts to the Crown under section 68
b: the existing manager of the core database asks the Minister in writing to make the recommendation; or
c: the existing manager has changed, or the Minister considers it likely that the existing manager will change, its constitution in a way that the Minister considers may compromise its suitability as manager of the core database; or
d: the Minister considers that the existing manager has failed, or is at risk of failing, to—
i: comply with this Act or any regulations made under sections 62 to 65
ii: manage the core database in a way that the Minister considers satisfactory.
3: The Minister must,—
a: before making a recommendation under subsection (2)(c), consult the existing manager:
b: before making a recommendation under subsection (2)(d)(ii), give the existing manager a reasonable opportunity to manage the database in a way that the Minister considers satisfactory.
4: An appointment under subsection (1) takes effect on a date specified in the regulations.
5: The appointment of an existing manager ends when an appointment under subsection (1) takes effect.
6: A failure to comply with subsection (3) does not affect the validity of regulations made under this section.
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 65A replaced 1 June 2021 section 16 Dairy Industry Restructuring Amendment Act 2020 Section 65A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65B: Regulations naming intended manager of core database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations naming an entity as the intended manager of the core database.
2: The Minister may make the recommendation only on the written request of the entity.
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 65B inserted 1 June 2021 section 16 Dairy Industry Restructuring Amendment Act 2020 Section 65B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65C: Regulations for previous manager or intended manager of core database
1: This section applies if 1 or both of the following apply:
a: regulations are made under section 65A
b: regulations are made under section 65B
2: For the purposes of this section, the provisions referred to in subsection (3) apply as if the previous manager or intended manager were the manager of the core database.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: the purposes described in—
i: section 62(e) and (f)
ii: section 63(1)(a), (c), (g), (h), and (j)
iii: section 64(a)
iv: section 65
b: providing for audits of compliance with regulations made under paragraph (a)(i) to (iii) and for matters related to the audit, including the auditor’s powers:
c: prescribing offences for the breach of, or non-compliance with, regulations made under paragraph (a)(i) to (iii):
d: prescribing penalties not exceeding $20,000 for any of those offences:
e: providing that a person is liable for damages for any loss or damage caused by that person’s contravention of regulations made under paragraph (a)(i) to (iii).
4: If regulations are made, or to be made, under this section for the purpose described in section 63(1)(j)
a: to the previous manager or intended manager as if it were the manager of the core database; and
b: to the regulations as if they were made, or to be made, under section 63
5: If regulations are made under this section for a purpose described in section 65 sections 66 67
a: to the previous manager or intended manager as if it were the manager of the core database; and
b: to the regulations as if they were made under section 65
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65C inserted 1 June 2021 section 16 Dairy Industry Restructuring Amendment Act 2020 Section 65C(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
65D: Duration of regulations for previous manager or intended manager of core database
1: Regulations made under section 65C
a: the regulations are revoked earlier; or
b: the Governor-General by Order in Council confirms that the regulations will remain in force.
2: If an Order in Council is made under subsection (1)(b), the regulations remain in force until they are revoked.
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 65D inserted 1 June 2021 section 16 Dairy Industry Restructuring Amendment Act 2020 Section 65D(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
66: Information to be supplied to chief executive
1: The manager of the core database section 65
2: The chief executive may request (in writing) information, statements, or reports from the manager of the core database the manager’s section 65
3: The manager of the core database
4: Information, statements, or reports supplied to the chief executive under this section must be verified by statutory declaration in the form and by the persons prescribed by regulations made under section 65(b) Section 66(1) amended 1 June 2021 section 17(1) Dairy Industry Restructuring Amendment Act 2020 Section 66(2) substituted 15 December 2007 section 18(2) Dairy Industry Restructuring Amendment Act 2007 Section 66(2) amended 1 June 2021 section 17(2) Dairy Industry Restructuring Amendment Act 2020 Section 66(2) amended 1 June 2021 section 17(3) Dairy Industry Restructuring Amendment Act 2020 Section 66(3) amended 1 June 2021 section 17(1) Dairy Industry Restructuring Amendment Act 2020
67: Offences
1: Every person commits an offence against this section who—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 65
b: fails, without reasonable excuse, to comply with the requirements of section 66(1) or (3)
2: Every person commits an offence against this section who makes a false declaration under section 66(4)
3: Every person who commits an offence against subsection (1) is liable on
4: Every person who commits an offence against subsection (2) is liable on Section 67(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 67(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
68: When management of core database reverts to the Crown
The management of the core database reverts to the Crown if—
a: the Minister and the manager of the core database agree under section 43A(2)(a)
b: a liquidator or interim liquidator is appointed for the manager of the core database under Part 16
c: an administrator is appointed for the manager of the core database in respect of a voluntary administration under Part 15A
d: a receiver is appointed in respect of all or substantially all of the property of the manager of the core database; or
e: a statutory manager is appointed for the manager of the core database under Part 3
f: the manager of the core database is removed from the register of companies kept under section 360(1)(a)
g: the manager of the core database is liquidated, wound up, or dissolved or otherwise ceases to exist. Section 68 replaced 1 June 2021 section 18 Dairy Industry Restructuring Amendment Act 2020
69: Herd Testing Regulations 1958 deemed to have been made under this Act
Section 69 repealed 1 June 2021 section 19 Dairy Industry Restructuring Amendment Act 2020
5: Regulation of dairy markets and obligations of new co-op
Purpose and principles
70: Purpose
The purpose of this subpart is to promote the efficient operation of dairy markets in New Zealand.
71: Statement of principles
The intention of this subpart is to promote the following principles:
a: independent processors must be able to obtain raw milk, and other dairy goods and services, necessary for them to compete in dairy markets:
b: new co-op must accept applications by shareholding farmers to supply it with milk:
c: new co-op must not discriminate between new entrants and shareholding farmers whose circumstances are the same:
d: shareholding farmers who withdraw from new co-op, and cease or reduce supply, must receive their capital in new co-op without unreasonable delay:
e: the amount per unit of milk production paid, at a time, to new co-op to become a shareholding farmer must be the same as the amount per unit of milk production received, at the same time, from new co-op by a shareholding farmer who withdraws from new co-op.
f: Section 71(b) replaced 1 June 2023 section 20 Dairy Industry Restructuring Amendment Act 2020 Section 71(f) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
72: Overview
1: Sections 73 to 85
2: Sections 86 to 93
3:
4: Sections 97 to 105
5: Sections 106 to 109
5A: Sections 109A to 109J licensed market and there is established a fund (the new co-op fund) the securities of which are quoted on a licensed market
5B: Sections 109K to 109M
6:
7: Sections 115 to 119
8: Sections 120 to 133
9: Section 134
10: Sections 135 to 139
11: Sections 147 to 150 subparts 5 5A
11:
12: Section 72(1) replaced 1 June 2023 section 21(1) Dairy Industry Restructuring Amendment Act 2020 Section 72(3) repealed 1 June 2023 section 21(2) Dairy Industry Restructuring Amendment Act 2020 Section 72(5A) inserted 27 July 2012 section 5 Dairy Industry Restructuring Amendment Act 2012 Section 72(5A) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 72(5B) inserted 27 July 2012 section 5 Dairy Industry Restructuring Amendment Act 2012 Section 72(6) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 72(10) replaced 1 June 2023 section 4 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 72(11) inserted 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020 Section 72(11) repealed 20 February 2018 section 6 Dairy Industry Restructuring Amendment Act 2018 Section 72(12) repealed 20 February 2018 section 6 Dairy Industry Restructuring Amendment Act 2018 New co-op may Heading amended 1 June 2023 section 23 Dairy Industry Restructuring Amendment Act 2020
73: New co-op’s obligations relating to applications by shareholding farmers and discretion to accept new entrants
1: New co-op must accept an application to increase the volume of milk supplied as a shareholding farmer to new co-op that is made by a shareholding farmer in an application period.
2: New co-op may, in its discretion, accept or decline an application made in an application period by a new entrant to supply milk to new co-op.
3: In exercising its discretion to accept or decline an application to become a shareholder, new co-op must have regard to—
a: the effect of its decision on the ongoing viability of the farm to which the application relates, if new co-op had a supply agreement in respect of the farm at any time in the previous season; and
b: the land-use opportunities available to the applicant.
4: New co-op must notify the applicant of its decision on the application within 15 working days of receipt of the application.
5: Sections 136 to 139
a: how an application may be given; and
b: when an application is made. Section 73 replaced 1 June 2023 section 24 Dairy Industry Restructuring Amendment Act 2020
74: Commencement and terms of supply
1: If new co-op accepts an application under section 73
2: Despite subsection (1), new co-op is not required to accept milk if the shareholding farmer fails to satisfy the applicable terms of supply.
3: New co-op may, in its discretion, accept an application made outside an application period from a dairy farmer, including a shareholding farmer, to supply milk as a shareholding farmer. Section 74(1) replaced 1 June 2023 section 25 Dairy Industry Restructuring Amendment Act 2020
75: Application periods
1: New co-op must set an application period that is before the commencement of each season in which new entrants may apply to supply milk, and shareholding farmers may apply to increase the volume of milk supplied, as shareholding farmers.
2: As a minimum, an application period must span the dates 15 December in a year to 28 February in the next year.
76: Publication of application period
1: New co-op must publish details of each application period set by it under section 75
a: in each of the daily newspapers published in Whangarei, Auckland, Hamilton, Rotorua, Hawke’s Bay, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, and Invercargill; and
b: on new co-op’s website in an electronic form that is publicly accessible.
2: New co-op must publish details of an application period before the application period begins.
3: New co-op must publish the details under subsection (1)(a) as soon as practicable after those details are determined by new co-op.
4: Publication under subsection (1)(b) must be continuous throughout the application period.
77: Price of co-operative share
1: New co-op must set a price of a co-operative share to apply from the beginning of each application period.
2: New co-op may amend the price set under subsection (1) throughout an application period.
3: An amendment to the price set under subsection (1) takes effect on the day after the day it is published under section 80
4: New co-op must set a June price for a co-operative share to apply as at 1 June in each season. Section 77 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012
77A: Price must be fair value
The price of a co-operative share set by new co-op under section 77(1) (assets − debts) ÷ shares = price where— assets debts shares Section 77A 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 77A inserted 27 July 2012 section 6 Dairy Industry Restructuring Amendment Act 2012
77B: When section 77A first applies
Section 77A
a: on and from the date specified by an Order in Council made under section 109G(2)
b: on 31 December 2013 if, before 31 December 2013, no Order in Council has been made under section 109B Section 77B 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 77B inserted 27 July 2012 section 6 Dairy Industry Restructuring Amendment Act 2012
78: Peak note price
Section 78 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
79: Co-operative share standard
1: New co-op must set a co-operative share standard
2: New co-op may not amend the co-operative share standard Section 79 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 79 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 79(1) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 79(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
80: Publication of prices and standards
1: New co-op must ensure that the following prices and standards are published on or before the first day of each application period:
a: the price of a co-operative share set at the beginning of the application period:
b:
c: the co-operative share standard set at the beginning of the application period.
d:
2: New co-op must ensure that the price of a co-operative share is published each time it is amended.
3: New co-op must ensure that the June price is published as soon as practicable after it is set under section 77(4)
4: New co-op must comply with subsections (1) to (3) by publishing the information—
a: once in each of the daily newspapers published in Whangarei, Auckland, Hamilton, Rotorua, Hawke’s Bay, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, and Invercargill; and
b: on new co-op’s website in an electronic form that is publicly accessible in the following manner:
i: for information required to be published by subsections (1) and (2), continuously throughout the application period:
ii: for information required to be published by subsection (3), continuously throughout the season to which it applies. Section 80 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 80(1)(b) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 80(1)(d) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
81: Requirements applying to co-operative shares
1: The price of a co-operative share issued to a new entrant or a shareholding farmer in response to an application that new co-op accepts under section 73
a: the June price in the first season for the supply of milk to which the application relates if the new entrant or shareholding farmer elects to pay that price; or
b: the default price if that election is not made.
2: An election under subsection (1)(a) must be made with the application from the new entrant or shareholding farmer.
3: The co-operative share standard that applies to a new entrant or a shareholding farmer who makes an application under section 73 accepts Section 81 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 81 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 81(1) amended 1 June 2023 section 26(1) Dairy Industry Restructuring Amendment Act 2020 Section 81(3) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 81(3) amended 1 June 2023 section 26(2) Dairy Industry Restructuring Amendment Act 2020
82: Requirements applying to co-operative shares
1: The price of a co-operative share issued to a new entrant or a shareholding farmer in response to an application to which section 74(3)
2: The co-operative share standard that applies to a new entrant or a shareholding farmer who makes an application to which section 74(3)
3: Section 82 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 82 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 82(2) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 82(3) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
83: Restrictions on payments
New co-op must not require payment from a new entrant or a shareholding farmer for accepting milk supply as a shareholding farmer other than payment to purchase co-operative shares Section 83 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 83 amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
84: Deposit restriction
1: This section regulates deposits payable by new entrants or shareholding farmers who apply under section 73
2: New co-op must not require a new entrant or a shareholding farmer to pay a deposit for the purchase of co-operative shares
a: that exceeds 20% of the total amount payable for the co-operative shares
b: before the earlier of—
i: 15 working days from the notification of acceptance of an application; or
ii: the last day of the application period in which the application is made.
3: The total amount payable for the co-operative shares
a: the published price on the date that the application under section 73
b: the co-operative share standard Section 84 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 84(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 84(2)(a) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 84(3) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 84(3(b) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
85: Balance of purchase price
1: This section regulates the timing of payment of the balance of the purchase price payable by a new entrant or a shareholding farmer who applies under section 73
2: New co-op must not require a new entrant or a shareholding farmer to pay the balance (or part of it) of the purchase price for the co-operative shares before 1 June in the first season for the supply of milk to which the application relates. Section 85 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 85(2) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Supply of milk deferred if capacity constraint notice issued
86: Publishing capacity constraint notices
1: New co-op may publish a capacity constraint notice for a geographical area specified in the notice if, in new co-op’s reasonable opinion, processing the expected increase in the volume of milk supplied to new co-op from that area in the next season cannot be reasonably managed.
2: A capacity constraint notice—
a: must define clearly the geographical area to which it applies; and
b: must specify the period in a season to which it applies; and
c: must be published not later than the first day of the application period for the season to which the notice applies; and
d: may not apply to more than 1 season.
3: Sections 87 to 93
87: Effect of capacity constraint notice on supply
1: New co-op must defer, until the end of the period specified in the capacity constraint notice, the commencement of the supply of milk that is the subject of applications that new co-op accepts section 73
2: However, a subsequent capacity constraint notice is of no effect in relation to a supply of milk that has previously been deferred under subsection (1).
3: Despite subsection (1), new co-op may accept a supply of milk that is the subject of an application that new co-op accepts section 73 section 86(2)
4: Offers to accept supply of milk under subsection (3) must be made in the same order that applications to supply the milk were received by new co-op. Section 87(1) amended 1 June 2023 section 27(1) Dairy Industry Restructuring Amendment Act 2020 Section 87(3) amended 1 June 2023 section 27(2) Dairy Industry Restructuring Amendment Act 2020
88: Effect of capacity constraint notice on purchase of co-operative shares
1: This section applies to a new entrant or a shareholding farmer who—
a: is in a geographical area to which a capacity constraint notice applies; and
b: applies in an application period.
2: The price of a co-operative share issued to a new entrant or a shareholding farmer to whom this section applies is—
a: the June price in the first season for the supply of milk to which the application relates if the new entrant or shareholding farmer elects to pay that price; or
b: the default price if that election is not made.
3: An election under subsection (2)(a) must be made with the application to which the supply relates.
4: The co-operative share standard that applies to a new entrant or a shareholding farmer to whom this section applies is,—
a: if the new entrant or shareholding farmer makes an election under subsection (2)(a), the co-operative share standard published at the beginning of the application period immediately before the first season for the supply of milk to which the application relates; or
b: if that election is not made, the co-operative share standard published at the beginning of the application period in which the application is made. Section 88 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 88 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 88(4) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
89: Effect of change in co-operative share standard
1: This section applies if—
a: a new entrant or shareholding farmer to whom section 88
b: the new entrant or shareholding farmer does not make an election under section 88(2)(a)
c: the co-operative share standard
2: If this section applies, the number of co-operative shares
a: the supply of milk to which the application relates commenced in the season immediately following the application period in which the application was made; and
b: co-operative shares
c: all changes to the co-operative share standard Section 89 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 89 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 89(1)(c) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 89(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 89(2)(b) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 89(2)(c) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
90: Deposit if default price applies
1: This section applies to a new entrant or a shareholding farmer who is committed under section 88(2)(b)
2: New co-op must not require a new entrant or a shareholding farmer to pay more than 2 deposits for the purchase of co-operative shares
3: A first deposit—
a: must not exceed 10% of the total amount payable for the co-operative shares
b: must not be payable before the earlier of—
i: 15 working days from notification of acceptance of an application; or
ii: the last day of the application period in which the application is made.
4: A second deposit—
a: must not exceed 10% of the total amount payable for the co-operative shares
b: must not be payable earlier than the last day of the application period immediately before the first season for the supply of milk to which the application relates.
5: The total amount payable for the co-operative shares
a: the published price on the date that the application is made; and
b: the co-operative share standard Section 90 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 90(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 90(3)(a) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 90(4)(a) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 90(5) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 90(5)(b) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
91: Balance of purchase price if default price applies
1: This section regulates the timing of payment of the balance of the purchase price by a new entrant or a shareholding farmer who is committed under section 88(2)(b)
2: New co-op must not require a new entrant or a shareholding farmer to pay the balance (or part of it) of the purchase price for the co-operative shares before 1 June in the first season for the supply of milk to which the application relates. Section 91 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 91(2) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
92: Deposit if June price elected
1: This section applies to a new entrant or a shareholding farmer who elects under section 88(2)(a)
2: New co-op must not require a new entrant or a shareholding farmer to pay a deposit for the purchase of co-operative shares
a: that exceeds 20% of the total amount payable for the co-operative shares
b: earlier than the last day of the application period immediately before the first season for the supply of milk to which the application relates.
3: The total amount payable for the co-operative shares referred to in subsection (2) is calculated based on the most recent published price and co-operative share standard on the date that the deposit is payable. Section 92 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 92(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 92(2)(a) inserted 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 92(3) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
93: Balance of purchase price if June price elected
1: This section regulates the timing of payment of the balance of the purchase price by a new entrant or a shareholding farmer who elects under section 88(2)(a)
2: New co-op must not require a new entrant or a shareholding farmer to pay the balance (or part of it) of the purchase price for the co-operative shares before 1 June in the first season for the supply of milk to which the application relates. Section 93 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 93(2) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Exceptions Heading repealed 1 June 2023 section 28 Dairy Industry Restructuring Amendment Act 2020
94: Minimal supply: first exception
Section 94 repealed 1 June 2023 section 28 Dairy Industry Restructuring Amendment Act 2020
95: Transport costs: second exception
Section 95 repealed 1 June 2023 section 28 Dairy Industry Restructuring Amendment Act 2020
96: Order in Council may terminate second exception
Section 96 repealed 1 June 2023 section 28 Dairy Industry Restructuring Amendment Act 2020 New co-op must allow withdrawal
97: Right to withdraw
1: A shareholding farmer who wants to cease or reduce the supply of milk as a shareholding farmer to new co-op may give a notice of withdrawal.
2: The right of a shareholding farmer to cease or reduce the supply of milk as a shareholding farmer is subject to the terms governing the relationship between new co-op and the shareholding farmer.
98: Surrender value of co-operative shares
1: If a shareholding farmer gives a notice of withdrawal to new co-op in an application period, the shareholding farmer must receive—
a: a surrender value for the relevant co-operative shares which is either—
i: the June price immediately following the application period in which the notice of withdrawal is given if the shareholding farmer elects to receive that price, multiplied by the number of shares; or
ii: the default price if that election is not made, multiplied by the number of shares; and
b:
2: An election under subsection (1)(a)(i) must be made with the notice of withdrawal. Section 98 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 98 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 98(1)(b) replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
99: Surrender value of co-operative shares for withdrawal notified outside application period
If new co-op accepts a notice of withdrawal from a shareholding farmer outside an application period, new co-op must pay the shareholding farmer a surrender value for the relevant co-operative shares that is the June price immediately following the date that the notice of withdrawal is given multiplied by the number of shares. Section 99 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 99 replaced 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
100: Effect of change in co-operative share standard
1: This section applies if the co-operative share standard
2: If this section applies, the amount that a shareholding farmer must receive under section 98(1) section 99 Section 100 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 100 heading amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 100(1) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 100(2) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
101: Payment on withdrawal
1: New co-op must ensure that a shareholding farmer who ceases or reduces supply as a shareholding farmer under section 97
2: New co-op must pay or satisfy the surrender amount payable to a withdrawing shareholding farmer by—
a: payment in cash; or
b: issuing capital notes; or
c: a combination of both cash and capital notes.
3: However, new co-op may satisfy all or part of the surrender amount referred to in subsection (1) by issuing supply redemption rights, if the withdrawing shareholding farmer referred to in subsection (1) requests new co-op to do so.
4: New co-op may satisfy the surrender amount under subsection (2)(b) or (c) by issuing capital notes itself or by procuring a wholly-owned subsidiary to issue them. Section 101 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 101(1) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
102: Capital notes
1: New co-op must ensure that the total market value of the capital notes issued to satisfy or partly satisfy a surrender amount is not less than the surrender amount to be satisfied by their issue.
2: The total market value market price
3: New co-op may not issue capital notes under section 101
a: during the month immediately before the capital notes are to be issued, capital notes of the same class as the capital notes to be issued have not been traded on a licensed market; or
b: capital notes of the same class as the capital notes to be issued have not been quoted continuously on the licensed market for 6 months or more. Section 102 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 102(3) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
103: Repurchase of capital notes by new co-op
1: This section applies if any of the following persons acquires or enters into an arrangement to acquire capital notes during the month immediately before new co-op issues capital notes under section 101
a: new co-op:
b: an associated person of new co-op:
c: a person with whom new co-op or an associated person of new co-op has an arrangement for an acquisition of those capital notes in that period.
2: The person to whom the capital notes are issued may require new co-op, by written notice to new co-op, to acquire some or all of those capital notes at any time within 6 weeks after their date of issue.
3: New co-op must repurchase capital notes under subsection (2)—
a: by payment in cash; and
b: at a price that is not less than 97.5% of the market price at which they were issued to the person; and
c: within 10 working days after receiving the written notice.
4: New co-op must, by notice in writing, no later than the day on which the capital notes are issued under section 101
a: that a person specified in paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) acquired or entered into an arrangement to acquire the capital notes:
b: that the recipient of the notice may require new co-op to acquire some or all of the capital notes issued to the person, in cash:
c: the price at which the person may require new co-op to acquire the capital notes:
d: the date by which the person must make the requirement under this section. Section 103 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012
104: Use of redeemable preference shares
1: This section applies if—
a: the value of equities surrendered in a season minus the value of equities issued in that season exceeds 5% of the value of equities on issue on 31 May in the previous season; and
b: new co-op’s board considers and certifies that paying cash and issuing capital notes that exceed the 5% threshold described in paragraph (a) would materially and adversely affect new co-op’s ability to implement its business plan.
2: If this section applies, new co-op may satisfy that part of the total value of equities surrendered
a: payment in cash; or
b: issuing capital notes, subject to section 102 section 103
c: issuing redeemable preference shares; or
d: a combination of cash, capital notes, and redeemable preference shares.
3: However, new co-op may satisfy all or part of any surrender amount that falls within the total value of equities covered by subsection (2)
4: In subsection (1)(a), equities Section 104 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Section 104(2) amended 15 December 2005 section 3(1) Dairy Industry Restructuring Amendment Act 2005 Section 104(3) amended 15 December 2005 section 3(2) Dairy Industry Restructuring Amendment Act 2005
105: Provisions concerning redeemable preference shares
New co-op must ensure that redeemable preference shares issued by it under section 104
a: are tradeable; and
b: have total face values that at least equal the surrender amount for which they are issued; and
c: bear a dividend at a rate that is 50% or more of the interest rate on capital notes issued at the same time as, or most recently before, the redeemable preference shares; and
d: entitle the holder to accumulate unpaid dividends; and
e: are convertible, at the holder’s election, at not less than their face values, into co-operative shares that the holder is entitled to hold under new co-op’s constitution at a time specified by new co-op, but not later than 3 years after their issue; and
f: are redeemable, at the holder’s election, for cash or capital notes (as determined by new co-op) at a time specified by new co-op, but not later than 3 years after their issue. Section 105 30 November 2012 section 109A Dairy Industry Restructuring (Trading Among Farmers) Order 2012 Regulation of milk supply
106: No discrimination between suppliers
1: New co-op must ensure that the terms of supply that apply to a new entrant—
a: are the same as the terms that apply to a shareholding farmer in the same circumstances; or
b: differ from the terms that apply to a shareholding farmer in different circumstances only to reflect the different circumstances.
2: New co-op must ensure that the terms and effect of financial products offered or issued in new co-op are the same for new entrants as for shareholding farmers.
3: In this section, financial products section 7
4: New co-op must not treat a shareholding farmer who exercises an entitlement under this subpart any less favourably than a shareholding farmer who does not do so.
5: In its terms of supply, but subject to subsections (1) to (4), new co-op may provide for differential pricing for milk based on any matters specified in the terms of supply, including, but not limited to, matters that relate to animal welfare, food safety, health and safety, employment conditions, the environment, climate change, and sustainability. Section 106(2) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 106(3) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 106(5) inserted 1 June 2021 section 29 Dairy Industry Restructuring Amendment Act 2020
107: Regulation of supply contracts for raw milk
1: If new co-op accepts applications from new entrants, it must offer them contracts for milk supply as shareholding farmers for 1 season.
2: New co-op may offer new entrants and shareholding farmers longer-term contracts for milk supply if new co-op complies with subsection (3).
3: New co-op must ensure that, at all times, 33% or a greater percentage of the milk solids produced within a 160 kilometre radius of any point in New Zealand—
a: is supplied under contracts with independent processors; or
b: is supplied under contracts with new co-op that—
i: expire or may be terminated by the supplier at the end of the current season without penalty to the supplier; and
ii: on expiry or termination, end all the supplier’s obligations to supply milk to new co-op.
4: A requirement in a supply contract that the supplier give new co-op up to 3 months’ notice to terminate the contract is not a penalty under subsection (3)(b)(i). Section 107(1) replaced 1 June 2023 section 30 Dairy Industry Restructuring Amendment Act 2020
108: Right to supply independent processors
1: Shareholding farmers are entitled to allocate to independent processors up to 20% of their weekly production throughout the season.
2: Subsection (1) does not entitle shareholding farmers to allocate to independent processors in any month other than October a higher percentage of their weekly production than their average weekly allocation to independent processors in October.
3: A shareholding farmer who exercises the entitlement in subsection (1) must give new co-op 20 working days’ notice of the arrangements for the collection of milk allocated to independent processors.
4: If new co-op requires separate storage, milk supplied to independent processors must be stored in milk vats that are separate from milk vats that store milk for supply to new co-op.
5: This section does not apply to milk with a unique feature that is the subject of a right, privilege, or entitlement that is conferred, or acknowledged as valid, by or under the Patents Act 2013 Section 108(5) amended 13 September 2014 section 249 Patents Act 2013
109: Sale of milk vats
1: A shareholding farmer who withdraws totally from new co-op may require new co-op to sell, and new co-op must sell, a milk vat situated on the withdrawing shareholding farmer’s farm to—
a: the shareholding farmer; or
b: an independent processor, if the independent processor has agreed with the shareholding farmer to buy the milk vat.
2: A shareholding farmer must notify new co-op of a requirement to sell a milk vat under subsection (1) with the relevant notice of withdrawal.
3: A sale of a milk vat by new co-op under this section must be at market value.
4: If new co-op and the buyer of the milk vat do not agree on the market value of the milk vat within 10 working days of receipt by new co-op of the notification under subsection (2), the following provisions apply:
a: new co-op and the buyer will attempt to agree on a valuer within a further 10 working days:
b: if new co-op and the buyer do not agree on a valuer within that time, the New Zealand Property Institute Incorporated must appoint a valuer:
c: a valuer appointed under paragraph (a) or paragraph (b) acts as an expert:
d: the valuer’s decision is binding on new co-op and the buyer, and is not appealable:
e: the costs of valuing a milk vat and appointing a valuer must be shared equally by new co-op and the buyer.
5: New co-op must not require payment for a milk vat sold under this section before the end of the season in which the shareholding farmer gives notice of withdrawal to new co-op. Trading among farmers Heading inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012
109A: Subpart 5 of Part 2 provisions do not apply
The following provisions (the specified subpart 5 provisions) do not apply on and from a date specified by an Order in Council made under section 109B
a: sections 77 to 85
b: sections 88 to 93
c: sections 98 to 105 Section 109A inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012
109B: Order in Council specifying date on and from which specified subpart 5 provisions do not apply
1: The Governor-General may by Order in Council made on the recommendation of the Minister specify a date on and from which the specified subpart 5 provisions do not apply.
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 109B inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109C: When Minister must recommend that Order in Council be made
The Minister must recommend that an Order in Council be made under section 109B section 109D Section 109C inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012
109D: Preconditions for making Order in Council
1: The preconditions for making an Order in Council under section 109B
a: co-operative shares are quoted on a licensed market
b: there is established a fund (the new co-op fund) that satisfies the following requirements:
i: the securities issued in respect of the fund (the new co-op fund securities)—
A: are quoted on a licensed market
B: entitle the holders of those securities to receive distributions equal to the distributions they would receive if they were holders of co-operative shares; and
ii: the rules of the fund permit shareholding farmers to exchange co-operative shares for an equal number of new co-op fund securities, and vice versa; and
iii: the manager of the fund has issued, or has entered into binding obligations to issue, new co-op fund securities for consideration of not less than $500 million; and
c: new co-op has given a notice to the chief executive that complies with section 109E
2: The chief executive, subject to being satisfied as to the sufficiency and authenticity of the certificate in question,—
a: must confirm to the Minister that the precondition in subsection (1)(a) has been met if the chief executive has received from the licensed market operator
b: must confirm to the Minister that the precondition in subsection (1)(b) has been met if the chief executive has received from the board of new co-op a certificate verifying the matters set out in subsection (1)(b). Section 109D inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109D(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109D(1)(b)(i)(A) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109D(2)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
109E: Requirements for notice given by new co-op to chief executive
For the purposes of section 109D(1)(c)
a: be in writing; and
b: request that an Order in Council be made under section 109B
c: specify the date on and from which the specified subpart 5 provisions should not apply. Section 109E inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012
109F: Notice by new co-op to chief executive triggering repeal of section 109A
1: New co-op must without delay give written notice to the chief executive if—
a: co-operative shares are no longer able to be traded on a licensed market
b: new co-op fund securities have ceased to be quoted on a licensed market
c: the new co-op fund has been wound up; or
d: an event occurs that creates a binding obligation to wind up the new co-op fund including, without limitation,—
i: an order by a court, a regulatory body, or any other person; or
ii: a resolution by the holders of new co-op fund securities or by any other person; or
iii: an event specified in the contractual arrangements relating to the new co-op fund.
2: The notice must be accompanied by the evidence relied upon by new co-op for asserting that subsection (1) applies.
3: If new co-op contravenes this section, it commits an offence and is liable on Section 109F inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109F(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109F(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109F(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
109G: Repeal of section 109A
1: Section 109A
2: The Governor-General may by Order in Council made on the recommendation of the Minister specify a date on and from which section 109A
3: The date specified in the order must be the later of 9 months after the order is made and the beginning of the next application period.
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 109G inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109G(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109H: Revocation of order made under section 109G
1: This section applies to the revocation, before the specified date, of an order made under section 109G
2: The Governor-General may, before the specified date, by Order in Council revoke an order made under section 109G
a: an order could have been made under section 109B
b: for the purpose of paragraph (a), the requirements of sections 109C 109D
3: When an order is made under subsection (2), the fund that for the purposes of making the order satisfied the requirements of section 109D(1)(b)
4: In this section, specified date section 109G
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 109H inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109H(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109I: Conditions of making order under section 109G(2)
1: An Order in Council made under section 109G(2)
2: The Minister must recommend that the order be made if the Minister is satisfied, on written confirmation from the chief executive, that—
a: co-operative shares are no longer able to be traded on a licensed market
b: new co-op fund securities have ceased to be quoted on a licensed market
c: the new co-op fund has been wound up; or
d: an event has occurred that creates a binding obligation to wind up the new co-op fund including, without limitation,—
i: an order by a court, a regulatory body, or any other person; or
ii: a resolution by the holders of new co-op fund securities or by any other person; or
iii: an event specified in the contractual arrangements relating to the new co-op fund.
3: The chief executive must confirm that subsection (2)(a), (b), (c), or (d) applies if the chief executive—
a: has received a notice from new co-op under section 109F
b: is satisfied on reasonable grounds, after making due inquiry, that subsection (2)(a), (b), (c), or (d) applies; or
c: has received a response from new co-op under section 109J(3)(b)
d: has not obtained a response from new co-op, within 5 working days after service, to a notice given under section 109J Section 109I inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109I(2)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109I(2)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
109J: Chief executive may give new co-op notice requiring verification
1: At any time while the specified subpart 5 provisions do not apply, the chief executive may give new co-op a notice that complies with subsection (2) requiring new co-op to verify in writing, with documentary proof, that—
a: co-operative shares continue to be quoted on a licensed market
b: new co-op fund securities continue to be quoted on a licensed market
c: the new co-op fund has not been wound up:
d: no event has occurred that creates a binding obligation to wind up the new co-op fund.
2: The notice must be—
a: in writing; and
b: dated; and
c: served on new co-op at its address for service.
3: New co-op must respond to the notice not later than 5 working days after service of the notice by—
a: verifying the matter in question; or
b: if it is unable to verify it, stating that it is unable to do so.
4: If new co-op contravenes subsection (3), it commits an offence and is liable on Section 109J inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109J(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109J(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 109J(4) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
109K: When sections 109L to 109N apply
Sections 109L to 109N Section 109K inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012
109L: New co-op's obligations in relation to market in co-operative shares and to new co-op fund
1: New co-op must ensure that there are 1 or more market makers in co-operative shares who—
a: are designated a market maker under the market rules of the licensed market on which the co-operative shares are quoted; and
b: operate during the periods of operation of the licensed market on which the co-operative shares are quoted.
2: New co-op must ensure that the holders of new co-op fund securities have the following rights:
a: subject to section 161A(2)
b: the right to appoint and remove a majority of the board of the manager of the fund; and
c: the right to vote on resolutions proposed at general meetings of the fund; and
d: the right to pass a resolution for the liquidation of the fund.
3: In this section, market rules section 6(1) Section 109L inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109L(1) replaced 1 June 2023 section 5(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 109L(3) inserted 1 June 2023 section 5(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
109LA: New co-op must commission financial markets research and analysis about its performance
1: New co-op must commission, on an ongoing basis, financial markets research and analysis in respect of new co-op’s performance.
2: New co-op must ensure that the commissioned financial markets research and analysis—
a: is free from bias and independent of new co-op; and
b: provides credible analysis.
3: New co-op must make the commissioned financial markets research and analysis publicly accessible. Section 109LA inserted 1 June 2023 section 6 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
109LB: New co-op must keep list of financial markets research and analysis about its performance
1: New co-op must keep and maintain a list of financial markets research and analysis relating to new co-op’s performance.
2: New co-op must ensure that the list—
a: reflects a diverse range of financial markets research and analysis of new co-op’s performance (to the extent that the research and analysis is readily available); and
b: is regularly updated to maintain currency.
3: New co-op must make the list publicly accessible.
4: New co-op must ensure that the following are complied with in relation to each item of financial markets research and analysis on the list:
a: the item is a credible analysis of new co-op’s performance; and
b: the item is accompanied by information that describes the extent, if any, of new co-op’s involvement in the preparation of the item; and
c: the item is available to be accessed; and
d: the item is accompanied by information about how to access the item or a means of accessing the item.
5: New co-op may include in the list additional information that is not an item of analysis. Any additional information must be clearly identified in the list as additional information. Section 109LB inserted 1 June 2023 section 6 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
109M: Restrictions on new co-op
1: Subsection (2) applies to conduct by new co-op that restricts, prevents, or deters—
a: trading in co-operative shares; or
b: participation by shareholding farmers, new entrants, and market makers in co-operative shares in trading in co-operative shares or new co-op fund securities; or
c: the ability of shareholding farmers and new entrants to exchange co-operative shares for new co-op fund securities, and vice versa; or
d: the liquidity of the market for co-operative shares or for new co-op fund securities.
1A: Despite subsection (1)(c) and (d), subsection (2) does not apply to conduct by new co-op that—
a: restricts the exchange of co-operative shares for new co-op fund securities by setting a limit on the number of new co-op shares that may be exchanged for new co-op fund securities; or
b: prevents the exchange of co-operative shares for new co-op fund securities when a limit referred to in paragraph (a) has been reached.
2: New co-op must not engage in any conduct to which this subsection applies for the purpose of restricting, preventing, or deterring—
a: a new entrant from becoming a shareholding farmer pursuant to an application under section 73(2)
b: a shareholding farmer from increasing the volume of milk supplied to new co-op pursuant to an application under section 73(1)
c: a shareholder farmer from ceasing or reducing the supply of milk to new co-op pursuant to a notice of withdrawal under section 97(1) Section 109M inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Section 109M(1A) inserted 1 June 2023 section 7(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 109M(2)(a) amended 1 June 2023 section 7(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 109M(2)(b) amended 1 June 2023 section 7(3) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
109N: Expiry of sections 109A to 109M
Sections 109A to 109M
a: if an Order in Council has been made under section 109G(2)
b: if no Order in Council has been made under section 109B Section 109N inserted 27 July 2012 section 7 Dairy Industry Restructuring Amendment Act 2012 Transitional provisions for Tatua and Westland Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
110: Purpose
Section 110 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
111: Application
Section 111 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
112: New co-op must supply information
Section 112 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
113: New co-op must purchase produce if required
Section 113 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
114: Terms of purchase of exiting company’s produce
Section 114 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Regulatory powers
115: Regulations relating to
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: require new co-op to supply in New Zealand 1 or more of the following goods or services:
i: components of milk:
ii: products derived from milk:
iii: transporting, processing, and packaging milk, components of milk, and products derived from milk; and
b: do 1 or more of the following for 1 or more of the goods or services specified in paragraph (a):
i: specify a price or prices for it or them:
ii: specify a method or methods for determining a price or prices for it or them:
iii: specify the terms of supply for it or them; and
ba: require new co-op to supply raw milk in New Zealand; and
bb: do 1 or more of the following for some or all of the raw milk:
i: specify a price or prices for it:
ii: specify a method or methods, which may include an auction or auctions or any other method at all, for determining a price or prices for it:
iii: specify a method or methods, which may include an auction or auctions or any other method at all, for allocating it:
iv: specify the terms of supply for it; and
bc: do some or all of the following for auctions of raw milk:
i: specify what is auctioned:
ii: specify how the auctions are held:
iii: specify a date and time or a range of dates and times on which the auctions must be held:
iv: specify who are eligible bidders at the auctions:
v: allow the Minister to set a reserve or reserves for the auctions by referring to material not set out in the regulations or by any other means:
vi: require the chief executive to hold the auctions or allow the chief executive to arrange for another person to hold the auctions on the chief executive's behalf:
vii: require the chief executive to maintain a system or systems for holding the auctions or allow the chief executive to arrange for another person to maintain a system or systems for holding the auctions on the chief executive's behalf:
viii: provide for the maintenance of the system or systems for holding the auctions:
ix: allow the chief executive to require new co-op to reimburse the chief executive for the annual operating costs of the auctions:
x: allow some or all of the details about matters referred to in subparagraphs (i) to (ix) to be prescribed by the Minister in 1 or more notices
c: limit, subject to subsection (2), the amount of goods or services described in paragraph (a) or (ba)
i: different independent processors; and
ii: different geographical areas; and
d: allow new co-op to require independent processors to give new co-op advance notice of their requirements for the goods or services to which regulations under paragraph (a) or (ba)
e: empower the Commerce Commission to fix a discount rate in calculating the price of goods or services regulated under this section; and
f: require new co-op and independent processors to provide—
i: periodic returns of milk solids collected from dairy farmers:
ia: periodic returns of milk solids bought from, or sold to, other persons:
ii: periodic forecasts of milk solids expected to be collected from dairy farmers; and
fa: prescribe entities and persons who may certify raw milk as organic milk; and
fb: prescribe any matter that is authorised to be prescribed for the purposes of the definitions of raw milk and winter milk in section 5(1)
g: authorise new co-op to perform obligations imposed by the regulations through an associated person.
2: Regulations made under subsection (1) must not require new co-op to supply a total amount of goods or services that exceeds, in the Minister’s opinion, 5% of the amount of those goods or services produced by, or supplied to, new co-op, as the case may be.
2A: For the purpose of any regulations made under subsection (1), unless the context of the regulations otherwise requires, a body is an interconnected body of an independent processor if—
a: both the independent processor and the body are bodies corporate and would be treated as interconnected bodies corporate under section 2(7)
b: one or both of the independent processor and the body is a partnership (including a limited partnership) or an unincorporated joint venture and would be treated as interconnected bodies corporate under section 2(7)
3: A regulation under this section is not invalid because it leaves a matter or thing to be decided by a person.
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations allow the prescribing of matters by notice under subsection (1)(bc)(x) or empower the fixing of a discount rate under subsection (1)(e),—
a: the notice prescribing the matters or the instrument fixing the rate is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 115 heading amended 27 July 2012 section 8(1) Dairy Industry Restructuring Amendment Act 2012 Section 115(1)(a) substituted 9 April 2010 section 4(1) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(b) substituted 9 April 2010 section 4(1) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(ba) inserted 9 April 2010 section 4(1) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(bb) inserted 9 April 2010 section 4(1) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(bc) inserted 9 April 2010 section 4(1) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(bc)(x) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 115(1)(c) amended 9 April 2010 section 4(2) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(d) amended 9 April 2010 section 4(3) Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Section 115(1)(f) replaced 27 July 2012 section 8(2) Dairy Industry Restructuring Amendment Act 2012 Section 115(1)(f)(ia) inserted 1 June 2021 section 31(1) Dairy Industry Restructuring Amendment Act 2020 Section 115(1)(fa) inserted 1 June 2021 section 31(2) Dairy Industry Restructuring Amendment Act 2020 Section 115(1)(fb) inserted 1 June 2021 section 31(2) Dairy Industry Restructuring Amendment Act 2020 Section 115(2A) inserted 27 July 2012 section 8(3) Dairy Industry Restructuring Amendment Act 2012 Section 115(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 115(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
116: Obligations to publish information
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: impose obligations on new co-op to publish information about its business, including the following information:
i: the price of a co-operative share:
ii:
iii:
iv: the pay-outs to shareholding farmers for the supply of milk to new co-op:
v: forecasts of the price of dairy goods and services, including components of those prices and information used to calculate those prices:
vi: prices for dairy goods or services, including components of those prices and information and methodologies used to calculate those prices:
vii: the total volume of dairy goods or services that new co-op has contracted to supply to independent processors under regulations made under section 115
viii: the market price of capital notes:
ix: average premiums payable for winter milk in particular areas; and
b: prescribe when and how the information must be published; and
c: prescribe the form of statutory declaration and who must provide it under section 117(4)
2: Nothing in Part 3
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 116(1)(a)(ii) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 116(1)(a)(iii) repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Section 116(2) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 116(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
117: Information to be supplied to Commission
1: New co-op must send a copy of the information that it is required to publish by regulations under section 116
2: The Commission may request (in writing) information, statements, or reports from new co-op to monitor new co-op’s compliance with regulations made under section 116
3: New co-op must comply with a request under subsection (2) within 20 working days of receiving the request or within a longer period allowed by the Commission.
4: Information, statements, or reports supplied to the Commission under this section must be verified by statutory declaration in the form, and by the persons, prescribed by regulations made under section 116(1)(c)
118: Offences
1: Every person commits an offence against this section who—
aa: fails, without reasonable excuse, to comply with a requirement to provide periodic returns or periodic forecasts specified in regulations made under section 115
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 116
b: fails, without reasonable excuse, to comply with the requirements of section 117(1) and (3)
c: fails, without reasonable excuse, to comply with the requirements of section 109LA
c:
d: fails, without reasonable excuse, to comply with the requirements of section 109LB
e: fails, without reasonable excuse, to comply with the requirements of section 135A
f: fails, without reasonable excuse, to comply with the requirements of a notice given under section 150ZF(2)(a), (b), or (c)
2: Every person commits an offence against this section who makes a false declaration under section 117(4)
3: Every person who commits an offence against subsection (1) is liable on
4: Every person who commits an offence against subsection (2) is liable on Section 118(1)(aa) inserted 27 July 2012 section 9 Dairy Industry Restructuring Amendment Act 2012 Section 118(1)(b) amended 20 February 2018 section 7(1) Dairy Industry Restructuring Amendment Act 2018 Section 118(1)(c) inserted 1 June 2023 section 8 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 118(1)(c) repealed 20 February 2018 section 7(2) Dairy Industry Restructuring Amendment Act 2018 Section 118(1)(d) inserted 1 June 2023 section 8 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 118(1)(e) inserted 1 June 2023 section 8 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 118(1)(f) inserted 1 June 2023 section 8 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 118(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 118(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
119: Regulations prescribing fees
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing fees for applications to the Commission under section 120
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 119(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
119A: Incorporation by reference
Regulations made under this Act may incorporate material by reference under Schedule 5E Section 119A inserted 9 April 2010 section 5 Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010 Determination by Commission
120: Determination to resolve conflict
1: A person may apply to the Commission for a determination if the person has a dispute with new co-op about the application of this subpart (except section 77A section 115
2: Despite subsection (1), the Commission may reject an application, and return it to the applicant (and do no more in relation to the application), if, in the Commission’s opinion,—
a: the dispute is not genuine or is vexatious or frivolous; or
b: the applicant does not have a direct financial interest in the matter to which the application relates; or
c: the applicant has not made a reasonable attempt to settle the matter with new co-op; or
d: the Commission has made a determination, or is currently considering an application, on the same matter.
3: The Commission may consider related applications together.
4: An application under subsection (1) must be made within 3 years after the matter giving rise to the dispute arose. Section 120(1) amended 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
121: Requirements for application
An application made under section 120(1)
a: be in writing; and
b: be given in the prescribed manner, if any; and
c: contain the prescribed information, if any; and
d: be accompanied by the prescribed fee, if any.
122: Commission must notify parties
On receiving an application made correctly under section 121
a: must notify new co-op in writing that the application has been made; and
b: must provide a copy of the application to new co-op; and
c: must request new co-op to comment on the matter in writing to the Commission by a date specified by the Commission, which must be not later than 10 working days after receipt of the notice from the Commission; and
d: may require new co-op to provide information about the matter to the Commission.
123: Commission must decide whether to make determination
The Commission must, within 10 working days after the date by which new co-op may comment on the application,—
a: decide whether or not to determine the matter:
b: give written notice of its decision to the applicant and new co-op.
124: When determination must be completed
The Commission must complete a determination as soon as practicable after it has decided to make a determination.
125: Requirements for determinations
In deciding whether to make a determination under section 123(a) section 124
a: consider the purpose in section 70
b: consider whether the decision or determination promotes the principles specified in section 71
126: Matters included in determination
1: A determination by the Commission must—
a: state the Commission’s decision on the matters in dispute; and
b: state clearly whether a breach of this subpart or any regulations has occurred; and
c: include the reasons for the determination; and
d: include the terms and conditions on which the determination is made; and
e: specify the actions that a party to the determination must do or refrain from doing, which may include (without limitation) payment of compensation by one party to the other.
2: The Commission may specify an expiry date for the determination.
127: Procedure for determinations
For a determination made under this subpart, the Commission—
a: is not bound by technicalities, legal forms, or rules of evidence:
b: may inform itself of any matter relevant to the determination in any way that it thinks appropriate.
128: Applicant may withdraw
1: An applicant for a determination may, at any time, withdraw the application by written notice to the Commission.
2: If the Commission receives a notice of withdrawal under subsection (1),—
a: it must notify the parties to the determination, or to an application for a determination, of the withdrawal and do no more in relation to the application; and
b: it may apportion costs under section 129
129: Parties’ costs
1: The parties to a determination or application for a determination bear their own costs.
2: However, the Commission may, by written direction to a party to a determination or to an application for a determination, require that party to meet some or all of the other party’s costs in respect of the determination or application if, in the opinion of the Commission, the party has contributed unreasonably to costs or delays.
3: A party in whose favour a direction under subsection (2) is given may enforce that direction by filing it in the prescribed form (if any) in the Wellington Registry of the High Court.
4: A direction that is filed in the High Court under subsection (3) is enforceable as a judgment of the High Court in its civil jurisdiction.
130: Clarification of determination
The Commission may amend a determination to clarify it if—
a: the Commission, on its own initiative or on the application of a party to the determination, considers that a determination requires clarification; and
b: the clarification is either not material to any person affected by the determination or is agreed to by the parties to the determination; and
c: no appeal of the determination is pending.
131: Reconsideration of determination
1: The Commission may, on the application of a party to a determination, revoke or amend the determination or revoke the determination and make another determination in substitution for it if the Commission considers that—
a: there has been a material change of circumstances since the date on which the determination was made or last reconsidered; or
b: the determination requires clarification in a material respect and is not agreed to by all persons affected by the determination; or
c: the determination was made on the basis of information that was materially false or misleading.
2: Despite subsection (1), a determination may not be reconsidered if an appeal of the determination is pending.
3: In reconsidering a determination, the Commission must follow the same process that was followed for the initial determination.
4: To avoid doubt, a determination continues to have effect and is enforceable until its reconsideration under this section is complete.
132: Appeals from certain determinations
1: A party to a determination made under this subpart may appeal to the High Court against—
a: the determination, including an amended or reconsidered determination, on a question of law:
b: a decision of the Commission not to clarify a determination under section 130
c: a decision of the Commission not to reconsider a determination under section 131
2: Despite subsection (1), no party may appeal against a determination made under this subpart—
a: while a clarification of the determination under section 130
b: while a reconsideration of the determination under section 131
3: If appeal or judicial review proceedings are commenced about a determination, the determination continues to have effect and is enforceable as if the proceedings had not been commenced until the proceedings are finally disposed of.
4: The decision of the High Court on appeal from a determination is final unless leave to appeal to the Court of Appeal is given by the High Court or, if leave is refused by the High Court, by the Court of Appeal.
5: Section 132(5) repealed 1 January 2004 section 48(2) Supreme Court Act 2003
133: Enforcing Commission determinations
1: A party to a determination made under this subpart, or the Commission, may enforce the determination by filing it in the prescribed form (if any) in the Wellington Registry of the High Court.
2: A determination filed in the High Court under subsection (1) is enforceable as a judgment of the High Court in its civil jurisdiction.
3: A party who has filed a determination in the High Court under subsection (1) must file in the High Court in the prescribed form (if any) any clarification or reconsideration of the determination. Levy
134: New co-op must pay levy
1: New co-op must pay, for each financial year
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: specifying the amount of the levy, or method of calculating or ascertaining the amount of the levy, on the basis that the costs estimated under subsection (4) should be met fully out of the levy:
b: including in the levy, or providing for the inclusion in the levy of, any shortfall in recovering those actual costs (including, without limitation, providing for a reconciliation of the levy against the levy that would have been payable had the calculation used the actual costs and invoicing new co-op for the amount under-recovered from it as part of the levy):
c: refunding, or providing for refunds of, any over-recovery of those actual costs:
d: specifying 1 or more financial years or part financial years to which the levy applies:
e: providing for the levy amount to be specified in the Gazette
f: providing for the payment and collection of the levy:
g: requiring payment of the levy for a financial year or part financial year, even though the regulations may be made after that financial year has commenced:
h: exempting or providing for exemptions from, and providing for waivers of, the whole or any part of the levy.
3: The regulations may provide for the levy to apply, and be calculated in respect of, 1 or more financial years (with the levy being collected for each of those years
4: In calculating estimated costs for the purposes of subsection (2)(a), the Commission—
a: may include—
i: the cost of making determinations and directions
ii: the cost of enforcing this subpart or subpart 5A
iii: the cost of enforcing determinations and directions
iv: over-recoveries or under-recoveries of actual costs; and
v: the cost of conducting reviews under subpart 5A
b: must exclude—
i: the cost of taking other proceedings in the High Court, or defending proceedings against the Commission in the High Court; and
ii: the cost of investigations that are not related to complaints or determinations made under this subpart , or directions made under subpart 5A
iii: the cost of providing input for the reports under section 147 subparts 5 5A
c: must calculate and deduct the total amount of application fees likely to be received.
5: The Minister must consult with new co-op and the Commission before making a recommendation under subsection (2).
6: The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.
7: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 134 replaced 1 June 2021 section 32 Dairy Industry Restructuring Amendment Act 2020 Section 134(1) amended 1 January 2023 section 9(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 134(3) amended 1 January 2023 section 9(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 134(4)(a)(i) amended 1 June 2023 section 9(3) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 134(4)(a)(iii) amended 1 June 2023 section 9(4) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 134(4)(b)(ii) amended 1 June 2023 section 9(5) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 134(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 General
135: Constitution of new co-op
This subpart applies despite anything in the constitution of new co-op or the Companies Act 1993
135A: Dividends and retentions policy
1: New co-op must keep and maintain a dividends and retentions policy.
2: New co-op must make the policy publicly accessible. Section 135A inserted 1 June 2023 section 10 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
136: Making and giving applications or notices
1: Applications or notices made or given under sections 73 to 109
2: Sections 137 to 139
137: Post
1: Applications or notices sent by post are made or given at the time when the letter is posted.
2: It is sufficient to prove that the letter was properly addressed and posted.
138: Facsimile
1: Applications or notices sent by facsimile are made or given if the facsimile machine of the sender generated a record of the successful transmission to the facsimile machine of the recipient.
2: The date and time of that record is the date and time that the application or notice is made or given.
139: Electronic
An application or notice sent electronically is made or given at the time that the electronic communication enters the information system of the addressee. Enforcement Heading repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
140: Jurisdiction of High Court
Section 140 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
141: Pecuniary penalties
Section 141 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
142: Injunctions
Section 142 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
143: Actions for damages
Section 143 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
144: Miscellaneous
Section 144 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
145: Application of Commerce Act 1986 provisions
Section 145 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
146: Additional proceedings
Section 146 repealed 1 June 2023 section 11 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Regular reports on operation of subparts 5 and 5A Heading inserted 1 June 2021 section 34 Dairy Industry Restructuring Amendment Act 2020
147: Minister must require regular reports
1: The Minister must require regular reports from the chief executive on whether this subpart and subpart 5A
2: The Minister must require the first report no earlier than 4 years after the commencement of the Dairy Industry Restructuring Amendment Act 2020
3: The Minister must require any subsequent report no earlier than 4 years after presentation of the previous report to the House of Representatives, and present the report to the House of Representatives no later than 6 years after presentation of the previous report to the House of Representatives, unless subsection (4) or (5) applies.
4: If a Bill is introduced into the House of Representatives to amend this Act in the 6 years before the Minister is required to present a report under subsection (3) and the Bill is passed, the Minister must instead—
a: require a report no earlier than 4 years after the commencement of that enactment or (if different provisions come into force on different dates) the earliest date on which any provision of the enactment commences (the commencement date
b: present the report to the House no later than 6 years after the commencement date.
5: If the Bill is withdrawn, lapses with the dissolution or expiry of Parliament, or is defeated, the Minister must—
a: request the report no earlier than 4 years after the withdrawal, lapse, or defeat of the Bill; and
b: present the report to the House of Representatives no later than 6 years after the commencement date. Section 147 inserted 1 June 2021 section 34 Dairy Industry Restructuring Amendment Act 2020
148: Commission input
1: The Minister may, in consultation with the Minister responsible for the Commerce Act 1986 section 147
2: In providing any input to the report as required by the Minister, the Commission may exercise the powers specified in section 150ZF Section 148 inserted 1 June 2021 section 34 Dairy Industry Restructuring Amendment Act 2020 Section 148(2) amended 1 June 2023 section 12 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
149: Terms of reference for report to be published
1: The terms of reference for a report under section 147 subparts 5 5A
2: The Minister must publish the terms of reference on the Ministry’s Internet site. Section 149 inserted 1 June 2021 section 34 Dairy Industry Restructuring Amendment Act 2020
150: Limits on effect of report and response
1: The Crown is not bound by a report under section 147
2: Sections 147 to 149
a: create any rights or protections in relation to any person or group of persons; or
b: confer any rights or protections on any person or group of persons. Section 150 inserted 1 June 2021 section 34 Dairy Industry Restructuring Amendment Act 2020 Expiry of this subpart and subpart 5A Heading repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
147: Minister to certify that market share thresholds met
Section 147 repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
148: Subparts 5 and 5A cease Section 148 repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
148A: Report required if not requested before 1 June 2015
Section 148A repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
148B: Procedure where market share threshold is met after report requested under section 148A
Section 148B repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
149: Subparts 5 and 5A expire Section 149 repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
150: Transition
Section 150 repealed 20 February 2018 section 4 Dairy Industry Restructuring Amendment Act 2018
5A: Base milk price
Subpart 5A inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Purpose of subpart Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150A: Purpose of this subpart
1: The purpose of this subpart is to promote the setting of a base milk price that provides an incentive to new co-op to operate efficiently while providing for contestability in the market for the purchase of milk from farmers.
2: For the purposes of this subpart, the setting of a base milk price provides for contestability in the market for the purchase of milk from farmers if any notional costs, revenues, or other assumptions taken into account in calculating the base milk price are practically feasible for an efficient processor. Section 150A inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150B: Certain assumptions do not detract from purpose of subpart
1: It does not detract from the achievement of the purpose set out in section 150A
a: that new co-op operates a national network of facilities for the collection and processing of milk:
b: that the size of new co-op's assumed units of processing capacity approximates to the average size of new co-op's actual units of processing capacity:
c: that gains and losses experienced by new co-op resulting from foreign currency fluctuations, including from new co-op's foreign currency risk-management strategies, are incorporated in the base milk price:
d: that all milk collected by new co-op is processed into commodities at yields that are practically feasible.
2: Subsection (1) does not extend to the way in which new co-op uses an assumption in setting the base milk price. Section 150B inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150B(2) inserted 1 January 2023 section 14 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150C: Setting of base milk price in way that is consistent with certain principles
1: For the achievement of the purpose set out in section 150A
a: revenue taken into account in calculating the base milk price is determined from prices of a portfolio of commodities at the times that those commodities are contracted to be sold by new co-op:
b: costs taken into account in calculating the base milk price include costs (including capital costs and a return on capital) of—
i: collecting milk; and
ii: processing milk into the same portfolio of commodities as the portfolio adopted for the purposes of paragraph (a); and
iii: selling those commodities:
c: new co-op collects all milk that it processes from the farms on which the milk is produced.
2: For the purposes of subsection (1)(a) and (b)(ii), the portfolio of commodities must be determined having regard to the following:
a: in respect of the commodities included in the portfolio,—
i: the commodities that are likely to be the most profitable over a period not exceeding 5 years from the time when the portfolio is determined; and
ii: the need for commodities included in the portfolio to utilise all components of milk; and
b: in respect of the relative proportions of the commodities included in the portfolio, the quantities of commodities likely to be produced by new co-op based on—
i: the mix of commodities that are likely to be most profitable; and
ii: new co-op's physical manufacturing capacity for the production of those commodities; and
iii: the need to utilise all components of the milk processed.
3: For the purposes of subsection (1)(b), any estimate of the return on capital must be made applying the capital asset pricing model.
4: For the purposes of subsection (3), the asset beta used in the application of the capital asset pricing model must be consistent with the estimated asset betas of other processors of dairy and other food products that are—
a: traded in significant quantities in globally contested markets; and
b: characterised by uniform technical specifications.
5: In subsection (4), asset beta Section 150C inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150C(3) inserted 1 June 2021 section 35 Dairy Industry Restructuring Amendment Act 2020 Section 150C(4) inserted 1 June 2021 section 35 Dairy Industry Restructuring Amendment Act 2020 Section 150C(5) inserted 1 June 2021 section 35 Dairy Industry Restructuring Amendment Act 2020 Farm gate milk price Heading inserted 1 June 2021 section 36 Dairy Industry Restructuring Amendment Act 2020
150CA: Provisions relating to farm gate milk price
1: For the purposes of this subpart, new co-op may pay a farm gate milk price that differs from the base milk price.
2: New co-op must publish as soon as practicable after it determines the farm gate milk price for any season, on new co-op’s website in an electronic form that is publicly accessible, a notice that—
a: states both the farm gate milk price and the base milk price for that season; and
b: explains why the farm gate milk price differs or does not differ from the base milk price (as the case may be). Section 150CA inserted 1 June 2021 section 36 Dairy Industry Restructuring Amendment Act 2020 Milk Price Panel Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150D: Milk Price Panel
1: New co-op must establish and maintain a committee known as the Milk Price Panel (the panel
2: New co-op must set the terms of reference for the panel, which must include the functions set out in subsections (3) and (4), and the panel must act in accordance with those terms of reference.
3: The panel must, for each season,—
a: supervise the calculation of the base milk price carried out by the person or persons engaged under section 150EA
b: advise new co-op as necessary on the application of the milk price manual; and
c: recommend to new co-op the base milk price.
4: The panel may, as it considers necessary or desirable, make recommendations to new co-op in respect of the milk price manual, including a recommendation that it should be amended and a recommendation that a proposed amendment should not be made.
5: New co-op must make the terms of reference of the panel publicly available, including any amendments to those terms of reference.
6: If new co-op contravenes subsection (1), (2), or (5), it commits an offence and is liable on Section 150D inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150D(3)(a) amended 1 June 2023 section 15 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150D(6) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
150E: Appointment of members of panel
1: New co-op must appoint—
a: 2 members nominated by the Minister to the panel; and
b: a chair of the panel nominated by new co-op who has been approved by the Minister; and
c: 2, 3, or 4 more members to the panel; and
d: an additional member nominated by the Minister if the chair is a member nominated by the Minister.
1A: Members appointed on the nomination of the Minister must be appointed on the same terms and conditions as other members appointed by new co-op to the panel.
2: New co-op must ensure that at all times the chair and a majority of the members (including the chair) are independent.
2A: New co-op must ensure at all times that the chair does not have a meaningful association with new co-op or with a shareholding farmer, for example, the chair must not be—
a: a sitting director of new co-op, a member of new co-op’s Co-operative Council, or a current panel member appointed by that council; or
b: a relative of a person described in paragraph (a); or
c: an associated person or an employee of a person described in paragraph (a).
2B: The obligation in subsection (2A)—
a: is in addition to the obligation in subsection (2); and
b: applies regardless of how a position or relationship referred to in subsection (2A)(a) to (c) is described in new co-op’s constitution or any other document.
3: If, without reasonable excuse, new co-op contravenes subsection (1), (1A), (2), or (2A) Section 150E inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150E(1) replaced 1 June 2023 section 16(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150E(1A) replaced 1 June 2023 section 16(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150E(2A) inserted 1 June 2023 section 16(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150E(2B) inserted 1 June 2023 section 16(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150E(3) amended 1 June 2023 section 16(3) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150E(3) amended 1 June 2021 section 37(2) Dairy Industry Restructuring Amendment Act 2020 Section 150E(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
150EA: Calculation of base milk price
1: New co-op must engage 1 or more persons to calculate a base milk price that will enable the panel to perform its function under section 150D(3)
2: New co-op must ensure that a person—
a: is engaged to provide the service for a term of no more than 6 consecutive seasons; and
b: is not re-engaged to provide the service until at least 4 seasons have passed since the end of their previous term.
3: New co-op must ensure that a person it engages to provide the service—
a: is independent of new co-op; and
b: operates at arm’s length in relation to new co-op when providing the service.
4: The requirements in subsection (2) apply, in respect of a person that is an entity, to the entity and its key personnel.
5: In this section,— arm’s length
a: do not include elements that parties in their respective positions would usually omit, if the parties were—
i: connected or related only by the transaction or dealing in question; and
ii: acting independently; and
iii: each acting in their own best interests; and
b: do not omit elements that parties in their respective positions would usually include, if the parties were—
i: connected or related only by the transaction or dealing in question; and
ii: acting independently; and
iii: each acting in their own best interests key personnel
a: a director, partner, trustee, or senior manager of the entity who has a role in providing the service; and
b: senior personnel engaged by the entity for the purpose of providing the service service
6: If, without reasonable excuse, new co-op contravenes subsection (1), (2), or (3), it commits an offence and is liable on conviction to a fine not exceeding $200,000 and a fine of $10,000 for each day that the offence continues. Section 150EA inserted 1 June 2023 section 17 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Milk price manual Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150F: New co-op must maintain milk price manual
1: New co-op must maintain a manual (the milk price manual
2: New co-op must make the manual publicly available, including any amendments to the manual.
3: If new co-op contravenes subsection (1) or (2), it commits an offence and is liable on Section 150F inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150F(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
150G: Steps new co-op must take if panel recommendation not followed or implemented
1: This section applies if—
a: new co-op does not amend the milk price manual in accordance with a recommendation by the panel; or
b: new co-op amends the milk price manual contrary to a recommendation by the panel; or
c: new co-op amends the milk price manual without having received a recommendation by the panel for the amendment.
2: New co-op must,—
a: if subsection (1)(a) applies, make publicly available—
i: the recommendation of the panel; and
ii: new co-op's reasons for not implementing that recommendation:
b: if subsection (1)(b) applies, make publicly available—
i: the recommendation of the panel; and
ii: new co-op's reasons for amending the milk price manual contrary to that recommendation:
c: if subsection (1)(c) applies, make publicly available a statement of new co-op's reasons for amending the milk price manual without having received a recommendation by the panel for the amendment.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on Section 150G inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150G(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Review of milk price manual by Commission Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150H: Commission must review milk price manual
The Commission must, for each season, review the milk price manual and make a report under section 150I Section 150H inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150I: Commission's report
1: The Commission must make a report on the extent to which the milk price manual is consistent with the purpose of this subpart ( see section 150A
1A: To avoid doubt, a report under subsection (1) may include the extent to which the way new co-op uses an assumption described in section 150B(1) section 150A
2: In making the report, the Commission must—
a: have regard to the information provided to it by new co-op under section 150L section 150K
b: have regard to any submission made by new co-op under section 150M(2)(a) section 150K
c: give reasons for its conclusions. Section 150I inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150I(1A) inserted 1 January 2023 section 18 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150J: Commission must make final report publicly available
The Commission must finalise its report under section 150I Section 150J inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150JA: Milk price manual review information to be published
1: New co-op must make all non-sensitive information publicly accessible within 20 working days after the date on which the Commission makes its final report publicly available under section 150J
2: In this section, non-sensitive information
a: commercially sensitive; or
b: subject to legal professional privilege; or
c: personal information. Section 150JA inserted 1 June 2023 section 19 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Procedure for Commission's review of milk price manual Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150K: Procedure for review of milk price manual
1: The procedure for the review by the Commission of the milk price manual is—
a: the procedure set out in sections 150L 150M
b: if a procedure is agreed between new co-op and the Commission, that procedure.
2: If new co-op fails to comply with the agreed procedure,—
a: the agreed procedure lapses; and
b: the procedure set out in sections 150L 150M Section 150K inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150L: New co-op must provide Commission with milk price manual and other information
New co-op must, not later than 1 August in each year,—
a: provide the Commission with the milk price manual for the current season; and
b: provide the Commission with any recommendations by the panel in relation to the milk price manual
c: notify the Commission of any change in the economic and business environment that, in new co-op's view, requires a change to the milk price manual; and
d: certify to the Commission the extent to which new co-op considers that the milk price manual is consistent with the purpose of this subpart ( see section 150A
e: provide the Commission with reasons for the view expressed in new co-op's certificate given under paragraph (d). Section 150L inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150L(b) amended 1 June 2023 section 20 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150M: Draft Commission report
1: Not later than 15 October in the season to which the milk price manual relates, the Commission must provide new co-op with a draft of its report made under section 150I
2: Not later than 15 November in the season to which the milk price manual relates, new co-op must—
a: make a submission to the Commission on the draft report; or
b: notify the Commission that it does not wish to make a submission. Section 150M inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Base milk price calculation Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150N: Steps new co-op must take if panel recommendation not followed or implemented
1: This section applies if new co-op sets the base milk price—
a: other than in accordance with a recommendation by the panel; or
b: without having received a recommendation by the panel for the base milk price.
2: New co-op must,—
a: if subsection (1)(a) applies, make publicly available—
i: the recommendation of the panel; and
ii: a statement of new co-op's reasons for setting the base milk price other than in accordance with that recommendation:
b: if subsection (1)(b) applies, make publicly available a statement of new co-op's reasons for setting the base milk price without having received a recommendation by the panel for the base milk price.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on Section 150N inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150N(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
150O: Commission must review calculation of base milk price
1: The Commission must, for each season, review new co-op's calculation of the base milk price set for that season and make a report under section 150P
2: The first review under this section must be the review to be held in 2013 in respect of the 2012/2013 season. Section 150O inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150P: Commission's report
1: The Commission must make a report on the extent to which the assumptions adopted and the inputs and process used by new co-op in calculating the base milk price for the season are consistent with the purpose of this subpart ( see section 150A
1A: To avoid doubt, a report under subsection (1) may include the extent to which the way new co-op uses an assumption described in section 150B(1) section 150A
2: In making the report, the Commission must—
a: have regard to the information provided to it by new co-op under section 150T section 150S
b: have regard to any submission made by new co-op under section 150U(2)(a) section 150S
c: give reasons for its conclusions.
3: In making the report, the Commission—
a: is not required to calculate the costs of an independent processor; and
b: is not required to, and must not, state the amount of the base milk price according to its own calculations. Section 150P inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150P(1A) inserted 1 January 2023 section 21 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150Q: Commission must make final report publicly available
The Commission must finalise its report under section 150P Section 150Q inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150QA: Base milk price calculation review information to be published
1: New co-op must make all non-sensitive information publicly accessible within 20 working days after the date on which the Commission makes its final report publicly available under section 150Q
2: In this section, non-sensitive information
a: commercially sensitive; or
b: subject to legal professional privilege; or
c: personal information. Section 150QA inserted 1 June 2023 section 22 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150R: Steps new co-op must take if base milk price changed after Commission report
1: This section applies if, after the Commission has made its report under section 150P
2: New co-op must without delay make publicly available—
a: the new base milk price; and
b: a statement of new co-op's reasons for the change.
3: If new co-op contravenes subsection (2), it commits an offence and is liable on Section 150R inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150R(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Procedure for Commission's review of base milk price calculation Heading inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150S: Procedure for review of base milk price calculation
1: The procedure for the review by the Commission of the calculation of the base milk price is—
a: the procedure set out in sections 150T 150U
b: if a procedure is agreed between new co-op and the Commission, that procedure.
2: If new co-op fails to comply with the agreed procedure,—
a: the agreed procedure lapses; and
b: the procedure set out in sections 150T 150U Section 150S inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012
150T: New co-op must provide Commission with certain information
1: New co-op must, not later than 15 June
a: provide the Commission with the assumptions adopted and the inputs and process used by new co-op in calculating the base milk price for the preceding season; and
b: certify to the Commission the extent to which, in new co-op's view, the assumptions adopted and the inputs and process used by new co-op in calculating the proposed base milk price are consistent with the purpose of this subpart ( see section 150A
c: provide the Commission with reasons for the view expressed in new co-op's certificate given under paragraph (b).
2: New co-op must, no later than 5 working days before 15 September in each year, provide to the Commission the panel recommendations described in section 150D(3)(c) Section 150T inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150T(1) amended 1 January 2023 section 23(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150T(2) inserted 1 June 2023 section 23(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150U: Draft Commission report
1: No later than 1 August section 150P
2: No later than 15 August
a: make a submission to the Commission on the draft report; or
b: notify the Commission that it does not wish to make a submission. Section 150U inserted 27 July 2012 section 14 Dairy Industry Restructuring Amendment Act 2012 Section 150U(1) amended 1 January 2023 section 24(1) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Section 150U(2) amended 1 January 2023 section 24(2) Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Directions relating to Commission reviews Heading inserted 1 June 2023 section 25 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150UA: Commission may give directions in relation to reviews
1: The Commission may, by notice, direct new co-op to do 1 or more of the following in the manner specified in the notice:
a: take any action in relation to a matter referred to in any of the following reports:
i: a report made under section 150I
ii: a report made under section 150P
b: publish any information requested by or provided to the Commission as part of a review under section 150H 150O
2: A direction must state—
a: the date by which, or period within which, the direction must be complied with; and
b: the reasons for which it is given.
3: New co-op must comply with a direction given under this section. Section 150UA inserted 1 June 2023 section 25 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150UB: Criteria for giving directions
1: The Commission may only give a direction that is consistent with the purpose set out in section 150A
2: A direction under section 150UA(1)(b) section 150A
3: A direction under section 150UA(1)(b) sections 150JA 150QA
a: commercially sensitive; or
b: subject to legal professional privilege; or
c: personal information. Section 150UB inserted 1 June 2023 section 25 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150UC: Process for giving directions
1: Before giving a direction (the proposed direction
a: make the proposed direction and the reasons for the proposed direction publicly available; and
b: consult new co-op about the proposed direction (including the Commission’s reasons for giving the proposed direction); and
c: have regard to any submissions or evidence provided by the persons consulted.
2: If the Commission gives a direction, it must provide the direction to new co-op.
3: After providing the direction to new co-op, the Commission must make the direction, and the Commission’s reasons for giving the direction, publicly available. Section 150UC inserted 1 June 2023 section 25 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150UD: Amendment and revocation of directions
1: The Commission may amend or revoke a direction—
a: on its own initiative; or
b: at the request of new co-op, if the Commission is satisfied that new co-op has provided the Commission with evidence of reasonable grounds to amend or revoke the direction.
2: A direction may be amended or revoked in the same way in which it may be made, except that section 150UC(1) Section 150UD inserted 1 June 2023 section 25 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022 Application of Commerce Act 1986 Heading repealed 1 June 2023 section 26 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150V: Application of Commerce Act 1986 to review by Commission under this subpart
Section 150V repealed 1 June 2023 section 26 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
5B: Enforcement
Subpart 5B inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150W: Jurisdiction of High Court
The High Court may hear and determine the following matters:
a: applications for orders under section 150Y
b: proceedings for recovering pecuniary penalties under section 150Z
c: applications for injunctions under section 150ZC
d: actions for damages under section 150ZD Section 150W inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150X: Meaning of relevant provision
In this subpart, relevant provision subpart 5 5A section 115 Section 150X inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150Y: Court may order new co-op to comply with direction
The court may, on application by the Commission, order new co-op to comply with a direction given under section 150UA Section 150Y inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150Z: Pecuniary penalties
1: The court may, on application by the Commission, order a person to pay to the Crown a pecuniary penalty if satisfied that the person—
a: has contravened a relevant provision; or
b: has been involved in a contravention of a relevant provision.
2: The maximum amount of a pecuniary penalty under subsection (1) is,—
a: for contravention of section 150UA 150Y
b: for any other contravention, the same as the amount that applies under section 80
3: Despite section 150ZF section 79
4: In this section and section 150ZB involved in a contravention
a: has attempted to contravene the provision; or
b: has aided, abetted, counselled, or procured any other person to contravene the provision; or
c: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene the provision; or
d: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of the provision; or
e: has conspired with any other person to contravene the provision. Section 150Z inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZA: Defences for person in contravention of relevant provision
1: In any proceeding under section 150Z A
a: A’s contravention was due to reasonable reliance on information supplied by another person; or
b: both of the following apply:
i: A’s contravention 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 contravention.
2: For the purposes of subsection (1)(a) and (b)(i), another person Section 150ZA inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZB: Defences for person involved in contravention of relevant provision
1: This section applies if—
a: a person ( A
b: another person ( B
2: In any proceeding under section 150Z
a: B’s involvement in the contravention was due to reasonable reliance on information supplied by another person; or
b: B took all reasonable steps to ensure that A complied with the provision.
3: For the purposes of subsection (2)(a), another person Section 150ZB inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZC: Injunctions
1: If the court is satisfied, on application under subsection (2), that a person has contravened a relevant provision, the court may grant an injunction restraining a person from continuing the contravention.
2: An application may be made by—
a: the Commission, if the application relates to the contravention of any relevant provision:
b: any other person, if the application relates to the contravention of subpart 5 section 115 Section 150ZC inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZD: Actions for damages
1: Every person (other than the Commerce Commission) is liable for damages for loss or damage caused by that person engaging in conduct that constitutes a contravention of subpart 5 section 115
2: Sections 82(1) 82A Section 150ZD inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZE: Miscellaneous
1: In determining an appropriate penalty under section 150Z
a: for a contravention of subpart 5 section 115 sections 70 71
b: for a contravention of subpart 5A section 150A
c: the nature and extent of the contravention; and
d: the nature and extent of any loss or damage suffered by any person because of the contravention; and
e: any gains made or losses avoided by the person in contravention; and
f: whether the person in contravention has paid an amount in compensation or taken other steps for reparation or restitution; and
g: the circumstances in which the contravention or other act or omission took place (including whether it was intentional, inadvertent, or caused by negligence); and
h: any previous contraventions of a similar nature; and
i: any other relevant matter.
2: The standard of proof in proceedings under this subpart is the standard of proof that applies in civil proceedings.
3: In any proceedings under this subpart, the Commission, on the order of the court, may obtain discovery and administer interrogatories.
4: Proceedings under this subpart may be commenced within 3 years after the matter giving rise to the contravention arose.
5: If conduct by a person constitutes a contravention of 2 or more provisions of subpart 5 5A Section 150ZE inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZF: Application of Commerce Act 1986 provisions
1: The following provisions of the Commerce Act 1986 subparts 5 5A
a: sections 15 to 17
b: sections 74A to 74C
c: sections 77 78
d: section 79
e: section 88
f: section 88A
g: section 89
h: section 90
i: section 98
j: section 98A
k: section 98G
l: section 99
m: section 100
n: section 100A
o: sections 101 102
p: section 103
q: section 104
r: section 106
s: section 106A
t: section 109
2: For the purpose of carrying out its functions and exercising its powers under a relevant provision, the Commission may, in addition to exercising its powers under section 98
a: to do either or both of the following, at the time and place specified in the notice, if the Commission has reason to believe new co-op may have information relevant for that purpose:
i: prepare and produce, or supply to the Commission, documents and information in relation to any matter specified in the notice:
ii: answer any questions in relation to any matter specified in the notice; and
b: to have prepared and to produce, or to supply to the Commission, at the time and place specified in the notice, an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to any matter specified in the notice; and
c: to provide any or all of the following:
i: a written statement that states whether or not new co-op has complied with relevant provisions:
ii: a report on the written statement referred to in subparagraph (i) that is signed by an auditor in accordance with any form specified by the Commission:
iii: sufficient information to enable the Commission to properly determine whether relevant provisions have been complied with:
iv: a certificate, in the form specified by the Commission and signed by at least 1 director of new co-op, confirming the truth and accuracy of any information provided under this section. Section 150ZF inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
150ZG: Additional proceedings
Proceedings brought under this Part are in addition to any proceedings brought under any other Act. Section 150ZG inserted 1 June 2023 section 27 Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Act 2022
6: Taxation
151: Shares issued on amalgamation neither dutiable gift nor dividend
1: The receipt by a person of shares issued by new co-op on the new co-op amalgamation in respect of shares held by the person in an amalgamating co-operative dairy company is neither a dutiable gift for the purposes of the Estate and Gift Duties Act 1968 Income Tax Act 2007
2: Neither regulation 7 regulation 7 1999 No 97 s 7(2), (3), (7) Section 151(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
152: Available subscribed capital of new co-op
For the purposes of the definition of the term available subscribed capital in section YA 1
a: new co-op is deemed to receive, on the amalgamation date, an aggregate amount of consideration in respect of the issue of its shares equal to the total available subscribed capital of the Board at that date (before the application of paragraph (e)); and
b: new co-op is deemed to receive on each 1 June after the amalgamation date, up to and including 1 June 2006, an additional aggregate amount of consideration of $140,000,000 in respect of the issue of its shares; and
c: the amounts of consideration new co-op is deemed to receive under paragraphs (a) and (b) are in addition to any other amount of consideration taken into account before the application of this section under the definition of available subscribed capital in the Income Tax Act 2007
d: the total available subscribed capital of the Board referred to in paragraph (a) includes any amount of consideration that the Board is deemed to have received by virtue of section 15ZE(2) of the Dairy Board Act 1961
e: the Board is deemed to have no available subscribed capital for the purposes of the Income Tax Act 2007 section YA 1 Income Tax Act 2007 1961 No 5 s 15ZE(2) 1999 No 97 s 7(6) Section 152 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 152(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 152(e) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
153: Class of shares in respect of which available subscribed capital is received
1: The consideration deemed to be received by new co-op—
a: under section 152(a)
b: under section 152(b)
2: A class of shares referred to in subsection (1)(a) or (b) may, for the purposes of that subsection, be substituted if necessary by any class of shares that may reasonably be regarded as the successor to all or part of the original class.
3: Subsections (1) and (2) apply if new co-op nominates the proportions by notice in writing to the Commissioner of Inland Revenue within 30 days after the date on which the consideration is deemed to be received.
4: If no valid nomination is made under subsection (3) in respect of an amount of consideration, the amount is deemed to have been received in respect of the class of shares in new co-op that is required to be held by transacting shareholders. 1999 No 97 s 7(5), (6)
154: Net losses and imputation credits of amalgamating co-ops
1: For the purpose of subsection (2), the holders of shares or options over shares in each company amalgamating in the new co-op amalgamation are deemed, at all times before the new co-op amalgamation, to be the same persons, holding in the same proportions, as the actual holders of shares or options over shares in new co-op immediately after the new co-op amalgamation.
2: Subsection (1) applies for the purpose of determining the voting interest or market value interest of any person in the companies amalgamating in the new co-op amalgamation (other than Fonterra Co-operative Group Limited), in the Board, and in all companies in which new co-op has a voting interest or market value interest (determined as if sections YC 4 YC 5
3: For the purposes of subpart IE section IA 6
4: In this section, consolidated group group of companies market value interest voting interest Income Tax Act 2007 Section 154(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 154(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 154(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
155: Taxation of company into which Board converts
1: This section applies, for the purposes of the Inland Revenue Acts (within the meaning of section 3(1) Companies Act 1993
2: The company is not a statutory producer board for the purposes of the Income Tax Act 2007
3: For the avoidance of doubt, and for the purposes of the Income Tax Act 2007 tax year tax year
4: Subject to section 154 Income Tax Act 2007 section 15ZE(3) to (5) of the Dairy Board Act 1961
5: Subsections (1) to (3) apply on and after the conversion date.
6: Subsection (4) applies on and after the amalgamation date. 1961 No 5 s 15ZE(6) Section 155(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 155(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 155(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 155(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
156: Gift duty and taxation in respect of Livestock Improvement Corporation Limited
Section 156 repealed 1 June 2021 section 38 Dairy Industry Restructuring Amendment Act 2020
157: Taxation of The New Zealand Dairy Research Institute
1: For the purposes of the Income Tax Act 2007 section 158(2)(a)
a: is deemed to acquire the assets, rights, and liabilities of the charitable trust known as The New Zealand Dairy Research Institute on the amalgamation date for their market values on that date; and
b: despite paragraph (a), is deemed to be the same person as that charitable trust.
2: For the purposes of the Income Tax Act 2007 section 158 subpart CW
3: Subsection (1)(b) also applies for the purposes of the other Inland Revenue Acts (within the meaning of section 3(1)
4: For the avoidance of doubt, the vesting that takes place under section 158(2)(a) Estate and Gift Duties Act 1968 Section 157(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 157(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 157(2) amended 1 April 2005 section YA 2 Income Tax Act 2004
7: The New Zealand Dairy Research Institute, sharemilkers, and miscellaneous provisions
The New Zealand Dairy Research Institute
158: The New Zealand Dairy Research Institute
1: The charitable trust known as The New Zealand Dairy Research Institute (the trust
2: Despite the Charitable Trusts Act 1957
a: on the amalgamation date, the assets, rights, interests, obligations, and liabilities of the trust vest beneficially in the company that is on that date the trustee of the trust (the Institute company
b: the Institute company may, on or after the amalgamation date and without further authority than this section, alter or revoke its constitution in accordance with the Companies Act 1993
c: proceedings that could have been commenced or continued by or against the trust before its termination may be commenced or continued by or against the Institute company; and
d: all transactions entered into by, and acts of, the trust before the termination of the trust must be treated as having been entered into by, or as being those of, the Institute company and as having been entered into, or performed by, the Institute company at the time when they were entered into, or performed by, the trust; and
e: the Institute company is deemed to be the same person as the trust.
3: The New Zealand Dairy Research Institute, a trust board registered under the Charitable Trusts Act 1957 section 26
159: Employees
For the avoidance of doubt,—
a: section 158
b: each employee of the trust is an employee of the Institute company and, for the purposes of every enactment, law, award, determination, contract, and agreement that relates to the employment of the employee, his or her employment agreement is unbroken and the period of his or her service with the trust, and every other period of service that is recognised by the trust as his or her continuous service, is a period of service with the Institute company; and
c: the terms and conditions of the employment of each employee with the trust company are (until varied) identical to the terms and conditions of his or her employment with the trust and are capable of variation in the same manner; and
d: an employee is not entitled to receive any payment or other benefit by reason only of section 158 Sharemilkers
160: Sharemilkers
1: Section 44 Part 2 Part 3
2: Amendment(s) incorporated in the Act(s) Miscellaneous provisions
161: Application of Co-operative Companies Act 1996 to new co-op shares
1: New co-op’s constitution may include, in relation to any shares or class of shares, provisions that—
a: entitle any shareholder to elect to surrender shares at a value determined in accordance with the constitution; or
b: require shares to be surrendered or forfeited at a value determined in accordance with the constitution.
2: Sections 17 to 21 22(4) 23 to 28 29(a) and (b)
3: When section 77A see section 77B
4: Nothing in the Co-operative Companies Act 1996 section 77
5: Sections 17 to 19 20(1) and (4) 21 22(4) 23 to 28 29(a) and (b) section 77 Section 161(3) inserted 27 July 2012 section 15 Dairy Industry Restructuring Amendment Act 2012 Section 161(4) inserted 27 July 2012 section 15 Dairy Industry Restructuring Amendment Act 2012 Section 161(5) inserted 27 July 2012 section 15 Dairy Industry Restructuring Amendment Act 2012
161A: Voting rights in respect of new co-op fund securities held by new co-op or nominee
1: Subject to subsection (2), new co-op must not exercise voting rights conferred by new co-op fund securities held by new co-op or a nominee.
2: Nothing in subsection (1) prevents new co-op, any person representing the interests of shareholding farmers, or a nominee of new co-op or shareholding farmers from exercising the right conferred by one new co-op fund security (the veto security
a: any change in the governance structure of the board of the manager of the new co-op fund, including—
i: the number of members of the board appointed by holders of new co-op fund securities other than new co-op; and
ii: the number of members of the board appointed by new co-op; and
b: any change in the scope and role of the new co-op fund; and
c: any change in the obligation of the new co-op fund to facilitate the exchange of co-operative shares for an equal number of new co-op fund securities, and vice versa; and
d: any change in the limit on the number of new co-op fund securities that can be held by a person or an entity (together with any associates of that person or entity); and
e: any change in the terms on which the veto security is issued. Section 161A inserted 27 July 2012 section 16 Dairy Industry Restructuring Amendment Act 2012
161B: New co-op may acquire new co-op fund securities
1: New co-op may, in accordance with this section, but not otherwise, acquire new co-op fund securities.
2: Sections 52 56
3: Section 53
4: Subject to subsection (5), new co-op fund securities may be held by new co-op and are not required to be exchanged for co-operative shares immediately on acquisition, but may be exchanged after acquisition.
5: New co-op fund securities acquired under this section are required to be exchanged for co-operative shares immediately on acquisition if the number of new co-op fund securities acquired, when aggregated with other new co-op fund securities and co-operative shares held by new co-op at the time of the acquisition, exceeds 5% of all co-operative shares issued by new co-op, excluding any co-operative shares deemed to be cancelled under section 66(1) section 161C(3)
6: Within 10 working days after the acquisition of new co-op fund securities, the board of new co-op must ensure that notice of the acquisition is delivered to each licensed market on which co-operative shares are quoted
7: If the board of new co-op fails to comply with subsection (6), every director of new co-op commits an offence as if the board of new co-op had failed to comply with section 58(3)
8: If new co-op acquires or proposes to acquire new co-op fund securities, sections 60(3) to (7) 61(1) to (6) and (8) to (10) 62 63 64 65 67
a: a reference to a company or the company were a reference to new co-op:
b: a reference to the board were a reference to the board of new co-op:
c: under subsection (1) section 60(3) and (6) to acquire new co-op fund securities under this section
d: under section 60(1)(b)(ii) section 61(1) and (4) to acquire new fund co-op securities under section 60
e: a reference to shares in the following provisions were a reference to new co-op fund securities:
i: section 60(3)(b)
ii: section 60(3)(c)(ii)
iii: section 60(6
iv: section 61(1)(b)
v: section 61(4)
vi: section 61(8)(b)
vii: section 62(b
viii: section 63(1)
ix: section 63(4)
x: section 63(5)
xi: section 63(8)(b)
xii: section 64
xiii: section 65
xiv: section 67
f: a reference to shares in the following provisions were a reference to co-operative shares:
i: section 60(3)(c)(i)
ii: section 60(6)(c)(i)
iii: section 63(1)(d)(i)
iv: section 63(5)(c)(i)
v: section 65(1)(a)(iii)(A)
vi: the third reference to shares in section 65(1)(b)
g: a reference to shareholders in the following provisions were a reference to holders of new co-op fund securities:
i: section 60(3)(c)
ii: section 60(6)(c)
iii: section 62(a)
iv: section 63(1)
v: section 63(5)(c)
vi: section 65(1)(a)(iii)
h: a reference to a shareholder, shareholders, or remaining shareholders in the following provisions were a reference to shareholders of new co-op:
i: section 61(1), (4), and (8)
ii: section 63(1)(b) and (c)
iii: section 63(5)
iv: section 63(8)
v: section 65(1)(a)(i)
vi: section 65(2A)
i: a reference to a shareholder in the following provisions were a reference to a shareholder of new co-op and a holder of new co-op fund securities:
i: section 61(5) and (6)
ii: section 63(6) and (7)
j: a reference to a reasonable shareholder in sections 62(c) 64(1)(d)
k: Without limiting sections 60 61 sections 63(1) 65(1)
l: the first reference to the board of the company in section 65(1)
m: from its shareholders section 65(1)
n: the reference in section 65(2)
o: in the same class section 65(1)(b)
p: its section 67(1)
q: a reference to stock exchange were a reference to licensed market Section 161B inserted 27 July 2012 section 16 Dairy Industry Restructuring Amendment Act 2012 Section 161B(6) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 161B(8)(n) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 161B(8)(q) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
161C: New co-op may exchange new co-op fund securities for co-operative shares
1: New co-op may acquire co-operative shares by exchanging new co-op fund securities it has acquired in accordance with section 161B
2: Nothing in section 58(1)
3: Subject to subsection (4), co-operative shares acquired under this section are deemed to be cancelled immediately on acquisition.
4: Co-operative shares acquired under this section are not deemed to be cancelled immediately on acquisition if—
a: the constitution of new co-op expressly permits new co-op to hold its own shares; and
b: the board of new co-op resolves that the co-operative shares concerned must not be cancelled on acquisition; and
c: the number of co-operative shares acquired, when aggregated with other co-operative shares held by new co-op pursuant to this section or section 67A section 161B section 66(1)
5: Co-operative shares acquired under this section that, pursuant to this section, are not deemed to be cancelled must be held by new co-op.
6: A co-operative share that new co-op holds under subsection (5) may be cancelled by the board of new co-op resolving that the co-operative share is cancelled, and the co-operative share is deemed to be cancelled on the making of that resolution. Section 161C inserted 27 July 2012 section 16 Dairy Industry Restructuring Amendment Act 2012
161D: Financial assistance by new co-op for purchase of co-operative shares
1: New co-op may give financial assistance for the purpose of, or in connection with, the purchase of a co-operative share if—
a: the financial assistance is given in relation to the establishment and operation of—
i: the licensed market
ii: the new co-op fund; and
b: the financial assistance is given to any of the following:
i: a custodian of co-operative shares:
ii: a holder of shares in a custodian of co-operative shares:
iii: a market maker in co-operative shares:
iv: a broker or other agent in relation to the trading of co-operative shares or new co-op fund securities:
v: a trustee or manager of the new co-op fund:
vi: any other service provider; and
c: the board of new co-op has previously resolved that—
i: new co-op should provide the assistance; and
ii: the giving of the assistance is in the best interests of new co-op; and
iii: the terms and conditions under which the assistance is given are fair and reasonable to new co-op.
2: The Companies Act 1993 section 76(1) and (2)
3: Nothing in this section affects the giving of financial assistance by new co-op under section 76(1) Section 161D inserted 27 July 2012 section 16 Dairy Industry Restructuring Amendment Act 2012 Section 161D(1)(a)(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
161E: Application of Companies Act 1993
Nothing in section 82 Act section 82(6) Section 161E inserted 27 July 2012 section 16 Dairy Industry Restructuring Amendment Act 2012
161F: Application of section 20(2) and (3) of Co-operative Companies Act 1996
Section 20(2) and (3) Section 161F inserted 30 November 2012 section 17 Dairy Industry Restructuring Amendment Act 2012
162: Shareholders’ Council of new co-op
1: This section applies if new co-op’s constitution provides for a Shareholders’ Council.
2: Every application under section 12
3: This section is additional to the requirements in section 12
163: General regulations
Any regulations made under sections 62 to 65C 115 116 119 134 Section 163 amended 1 June 2021 section 40 Dairy Industry Restructuring Amendment Act 2020
164: Validation of issue of certain shares
1: A failure to comply with section 50 Part 3
2: This section does not affect any rights at issue in an action commenced before 6 September 2001. Repeals, revocations, and amendments
165: Repeals, revocations, and amendments
1: The Dairy Board Act 1961 (1961 No 5)
2: The orders specified in Schedule 6
3:
4: The rest of the Acts specified in Schedule 7
5: The orders specified in Schedule 8 Section 165(3) repealed 1 April 2005 section YA 2 Income Tax Act 2004 Transitional provisions Heading repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
166: Board must supply information about export permits
Section 166 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012 Savings provisions
167: Saving relating to export produce
Section 167 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
168: Annual report and statements for season ending 31 May 2001
Section 168 repealed 27 July 2012 section 18 Dairy Industry Restructuring Amendment Act 2012
169: Saving relating to superannuation schemes
Despite section 165(1) section 45(2) and (3) of the Dairy Board Act 1961
a: before that date, became a member of a scheme established under that section; or
b: is entitled to any benefit under the scheme by virtue of a person to whom paragraph (a) applies being a member of that scheme. |
DLM122936 | 2001 | War Pensions Amendment Act 2001 | 1: Title
1: This Act is the War Pensions Amendment Act 2001.
2: In this Act, the War Pensions Act 1954 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(1) dependant member of the family dependant
a: any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
i: is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and
ii: is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:
b: any person who is under the care of that member as a consequence of that person's inability to live independently of the member for reasons of—
i: disability; or
ii: illness; or
iii: advanced age member of the family
a: any person who is related to the member:
b: any person who belongs to the same whanau or other culturally recognised family group:
c: any person within a class of persons specified as members of a family in guidelines issued by the Secretary .
2: Section 2(1) member of the forces partner relationship spouse .
4: Appeals to Social Security Appeal Authority
Section 16A(1)(b) 76 to 78 and
5: General provisions as to grounds for payment of pensions
Section 19(3) wife spouse or partner
6: Amendment to heading before
section 32 The heading before section 32 surviving spouses or surviving partners
7: Maximum rates of surviving spouses' pensions
1: The heading to section 32 surviving spouses and surviving partners
2: Section 32(1) (2) surviving spouse or surviving partner
8: Rate of pension for surviving spouse who is a bona fide resident of New Zealand
1: The heading to section 33 surviving spouse or surviving partner
2: Section 33 surviving spouse or surviving partner
9: New
sections 34 to 35A The principal Act is amended by repealing sections 34 to 35A
34: Surviving spouse or surviving partner not entitled to pension in certain cases
Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member's death if—
a: the death of the member occurred within 1 year after the marriage or, as the case may require, the date of commencement of the relationship; and
b: at the date of the marriage or, as the case may require, the date of commencement of the relationship, the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.
35: Pensions to surviving spouses or surviving partners to cease on remarriage or commencement of new relationship
1: A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or, as the case may require, on the commencement of a new relationship by him or her.
2: Despite anything to the contrary in subsection (1)
a: continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:
b: review, at any time, a pension continued under paragraph (a)
3: In any case to which subsection (2)
4: For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2)
5: For the purposes of this section, a new relationship section 2(1)
35A: Reinstatement of surviving spouse's or surviving partner's pension
1: Despite anything in section 35
2: The rate of any pension reinstated under subsection (1) Fourth Schedule of this Act section 32
10: Child not entitled to pension in certain cases
Section 37
a: by omitting the word mother parent
b: by omitting the word widow surviving spouse or surviving partner
c: omitting the word his the member's
11: Increased pensions for children in certain cases
Section 40(b) mother parent
12: Children whose parents are not married
Section 41
13: Duration of pensions for children
Section 43 subsection (3)
14: New
section 44 The principal Act is amended by repealing section 44
44: Maximum rates of pensions for dependants other than spouses, partners, and children
The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating.
15: Pensions to unmarried females to cease on marriage
Section 45
16: Economic position of dependant to be considered in determining rate of pension
Section 46(1) wife or widow spouse or partner, or surviving spouse or surviving partner,
17: Increased pensions to wife and children of member in receipt of economic pension
1: The heading to section 47 wife spouse or partner
2: Section 47 wife spouse or partner
18: Pension to surviving spouse or child of deceased member whose death not attributable to service
1: The heading to section 48 surviving spouse , surviving partner,
2: Section 48 surviving spouse , surviving partner,
19: Pension for guardians of motherless children
1: The heading to section 51 motherless parentless
2: Section 51
a: by omitting from subsection (1) the word woman person
b: by omitting from subsection (1) the word she he or she
c: by omitting from subsection (2) the word wife spouse or partner
20: Pensions for other persons
Section 52(2) wife or widow spouse or partner, or surviving spouse or surviving partner
21: Service as member of other Commonwealth forces
Section 56(5) widow surviving spouse, surviving partner,
22: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
Section 62(3) wife spouse or partner
23: Service as member of other Commonwealth mercantile marine
Section 63(5) wife spouse or partner
24: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
Section 65(3) wife spouse or partner
25: Wives and children of Maoris
Section 76
26: Conjugal status for purposes of pension or allowance
Section 77 paragraphs (a) (b)
27: Sick benefits received from friendly society
Section 78A(1) husband or the wife spouse or the partner
28: Rates of pension where overseas pension payable
Section 81(2) wife or husband spouse or partner
29: Disposition of accrued pension unpaid at death
Section 85(2)(a)
a: by omitting the words widow or widower surviving spouse or surviving partner
b: by omitting the word widow surviving spouse or surviving partner
30: Refusal or reduction of pension in certain cases
Section 87A husband or wife spouse or partner
31: Pensions and allowances absolutely inalienable
Section 89(1) his wife the persons spouse or partner
32: Money payable out of Crown Bank Account
Section 94(2)(b) husband or wife spouse or partner
33: Repeals and savings
Section 97
5: The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not confer any entitlement on any person in respect of any period before the commencement of the War Pensions Amendment Act 2001.
6: The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not prevent any department from continuing to describe the pension known, before the commencement of the War Pensions Amendment Act 2001, as the surviving spouses pension
a: in official forms, computer programs, and other documents; or
b: for the purposes of assessment of eligibility and payment; or
c: for any other official purpose.
34: Amendments to
Schedule 4 Schedule 4
a: inserting in the heading to that schedule, after the words surviving spouses or surviving partners
b: inserting in items 1, 2, 4, and 6, after the words surviving spouse or surviving partner Amendments to War Pensions Regulations 1956
35: New
regulation 23 The War Pensions Regulations 1956 regulation 23
23: Pension determinable on remarriage or commencement of new relationship
1: If any pension payable to a person is determinable on his or her remarriage or on the commencement by him or her of a new relationship, the Secretary may, at any time before payment of any instalment of the pension, require him or her to make a declaration,—
a: in the case of a surviving spouse or surviving partner, that he or she has not remarried or commenced a new relationship:
b: in the case of any other person, that he or she is not married or in a relationship.
2: If a pension is payable to any person on account of, or in respect of, any child, the Secretary may, at any time before payment of any instalment of the pension, require the person claiming payment of the pension to make a declaration to the effect that the child is still alive and is being maintained by the claimant.
36: New
regulation 25 The War Pensions Regulations 1956 regulation 25
25: Conditions for economic pension
1: Before granting or renewing an economic pension, or at any time during the currency of an economic pension, the Secretary may require the claimant or pensioner to register for suitable employment with an employment bureau or other agency nominated by the Secretary.
2: Subclause (1) |
DLM117862 | 2001 | Education Standards Act 2001 | 1: Title
1: This Act is the Education Standards Act 2001.
2: In this Act, the Education Act 1989 the principal Act
2: Commencement
1: This Act, other than the sections listed in subsection (2), comes into force on the day after the date on which it receives the Royal assent.
2: The following sections come into force on a date or dates to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions:
a: section 18
b: sections 25 to 37
c: section 60
d: sections 69 to 77
e: section 82(2)
f: section 83
1: Substantive amendments to principal Act
Regulating school hostels
3: Interpretation
Section 2(1) foreign student hostel Human Rights Act 1993 compliance
4: Restriction on attendance at certain schools
Section 3A Enrolment schemes
5: Effect of home zone
Section 11D(2)(b) ; or
c: if—
i: the student has been excluded or expelled from another school ( school A
ii: the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and
iii: the Secretary endorses the proposal.
6: Instructions and guidelines on operation of enrolment schemes
Section 11G
3: The Secretary may issue guidelines to state schools about any or all of the following matters:
a: 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) relating to the determination of whether an applicant lives within a home zone or outside it):
b: the kinds of amendments to enrolment schemes that are minor amendments for the purpose of section 11MA, or the criteria for deciding what is a minor amendment, or both:
c: the manner in which schools must conduct reviews under section 11OA (which relates to the review of a student's enrolment).
7: New section 11MA inserted
The principal Act is amended by inserting, after section 11M
11MA: Making minor amendments to enrolment schemes
1: A state school that wishes to make a minor amendment to its enrolment scheme may make it using the procedure set out in subsection (2) instead of going through the process set out in sections 11H to 11J
2: In order to make a minor amendment to its enrolment scheme under this section, a school must—
a: apply to the Secretary for confirmation that the proposed amendment is minor; and
b: on receiving confirmation from the Secretary, give notice of the proposed amendment; and
c: forward to the Secretary any written comments or queries received by the school regarding the proposed amendment; and
d: adopt the amendment by resolution of the school's Board.
3: A school may not adopt an amendment under subsection (2)(d) unless—
a: at least 1 month has passed since notice of the proposal was given; and
b: the Secretary has, after that time, given approval for the amendment to be incorporated.
4: At any time before the amendment is incorporated into the enrolment scheme, the Secretary may advise the school that the proposed amendment is not minor, in which case the school may not adopt the amendment without going through the process set out in sections 11H to 11J.
8: Enrolment may be annulled if based on false information
1: The heading to section 11O or temporary residence
2: Section 11O
1A: The Board of a state school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if, following a review under section 11OA
3: Section 11O
4: If the Board annuls an enrolment under any of subsections (1), (1A), or (3), the annulment takes effect 1 month from the date on which the Board decides to annul the enrolment.
5: A Board that annuls the enrolment of a student must immediately—
a: advise the student's parents, in writing, of the date of annulment and the date on which it takes effect; and
b: advise the Secretary of the name of the student and the date of annulment.
9: New section 11OA inserted
The principal Act is amended by inserting, after section 11O
11OA: Review of student's enrolment
1: The Board of a state school that has an enrolment scheme may issue the parents of a student enrolled at the school with a review notice under this section if—
a: the student was enrolled at the school on the grounds that he or she lived in the school's home zone; and
b: the student has, since enrolling at the school, moved out of the school's home zone; and
c: the Board believes on reasonable grounds that the student has used a temporary residence within the school's home zone for the purpose of gaining enrolment at the school.
2: On receipt of a review notice, a parent who wishes to rebut the Board's view may make submissions to the Board in whatever manner he or she considers appropriate, and the Board must, in accordance with any guidelines issued under section 11G(3)(c)
3: The Board may exercise its power under section 11O(1A)
4: Every review notice must—
a: be in writing; and
b: be sent by any 1 or more of post, fax, or email to the student's parents; and
c: advise the parents of the effect of the notice, and explain what the parents may do next.
10: Release from tuition on religious or cultural grounds
1: Section 25A
1: A student aged 16 and above, or the parent of a student aged under 16, may ask the principal to release the student from tuition in a particular class or subject.
1A: A request under subsection (1) must be made in writing, and at least 24 hours before the start of the tuition.
1B: This section applies only to students enrolled at a state school that is not an integrated school.
2: Section 25A(2)(a) parent or student (as the case may be)
3: Section 25A
3: Upon receiving a request from a parent under subsection (1), the principal must, before agreeing to release the student, take all reasonable steps to find out the student's views on the matter.
11: New section 25AA inserted
1: The principal Act is amended by inserting, after section 25A
25AA: Release from tuition in specified parts of health curriculum
1: The parent of a student enrolled at any state school may ask the principal in writing to ensure that the student is excluded from tuition in specified parts of the health curriculum related to sexuality education and, on receipt of such a request, the principal must ensure that—
a: the student is excluded from the relevant tuition; and
b: the student is supervised during that tuition.
2: Nothing in subsection (1) requires a principal to ensure that a student who is to be excluded from tuition in specified parts of the health curriculum related to sexuality education is excluded at any other time while a teacher deals with a question raised by another student that relates to the specified part of the curriculum.
2: Section 105D School planning and reporting
12: National education guidelines
1: Section 60A(1)
a: national education goals, which are—
i: statements of desirable achievements by the school system, or by an element of the school system; and
ii: statements of government policy objectives for the school system:
2: Section 60A(1)
c: national administration guidelines, which are guidelines relating to school administration and which may (without limitation)—
i: set out statements of desirable codes or principles of conduct or administration for specified kinds or descriptions of person or body:
ii: set out requirements relating to planning and reporting including—
A: scope and content areas, where appropriate:
B: the timeframe for the annual update of the school charter:
C: broad requirements relating to schools' consultation with parents, staff, school proprietors (in the case of integrated schools) and school communities, and the broad requirements to ensure that Boards take all reasonable steps to discover and consider the views and concerns of Maori communities living in the geographical area the school serves, in the development of a school charter:
D: variations from the framework for school planning and reporting for certain schools or classes of schools, based on school performance:
iii: communicate the Government's policy objectives:
iv: set out transitional provisions for the purposes of national administration guidelines. Health education
13: New section 60B inserted
1: The principal Act is amended by inserting, after section 60A
60B: Consultation about treatment of health curriculum
1: The Board of every state school must, at least once in every 2 years, and after consultation with the school community, adopt a statement on the delivery of the health curriculum.
2: In this section,— school community
a: in the case of an integrated school, the parents of students enrolled at the school, and the school's proprietors:
b: in the case of any other state school, the parents of students enrolled at the school:
c: in every case, any other person whom the Board considers is part of the school community for the purpose of this section statement on the delivery of the health curriculum
3: The purpose of the consultation required by subsection (1) is to—
a: inform the school community about the content of the health curriculum; and
b: ascertain the wishes of the school community regarding the way in which the health curriculum should be implemented, given the views, beliefs, and customs of the members of that community; and
c: determine, in broad terms, the health education needs of the students at the school.
4: A Board may adopt any method of consultation that it considers will best achieve the purpose set out in subsection (3), but it may not adopt a statement on the delivery of the health curriculum until it has—
a: prepared the statement in draft; and
b: given members of the school community an adequate opportunity to comment on the draft statement; and
c: considered any comments received.
2: Section 105C School planning and reporting
14: New sections 61 to 63B substituted
The principal Act is amended by repealing sections 61 to 64
61: School charter
1: Every Board must, for each school it administers, prepare and maintain a school charter.
2: The purpose of a school charter is to establish the mission, aims, objectives, directions, and targets of the Board that will give effect to the Government's national education guidelines and the Board's priorities.
3: A school charter must contain the following sections:
a: a section that includes—
i: the aim of developing, for the school, policies and practices that reflect New Zealand's cultural diversity and the unique position of the Maori culture; and
ii: the aim of ensuring that all reasonable steps are taken to provide instruction in tikanga Maori (Maori culture) and te reo Maori (the Maori language) for full-time students whose parents ask for it:
b: a long-term strategic planning section that—
i: establishes the Board's aims and purposes; and
ii: establishes for the next 3 to 5 years the Board's aims, objectives, directions, and priorities for intended student outcomes, the school's performance, and use of resources; and
iii: includes any aims or objectives that designate the school's special characteristics or its special character (within the meaning of this Act):
c: an annually updated section that—
i: establishes for the relevant year the Board's aims, directions, objectives, priorities, and targets relating to intended student outcomes, the school's performance, and use of resources; and
ii: sets targets for the key activities and achievement of objectives for the year.
4: A school charter must include the Board's aims, objectives, directions, priorities, and targets in the following categories:
a: student achievement:
b: the Board's activities aimed at meeting both general government policy objectives for all schools, being policy objectives set out or referred to in national education guidelines, and specific policy objectives applying to that school:
c: the management of the school's and Board's capability, resources, assets, and liabilities, including its human resources, finances, property, and other ownership matters:
d: other matters of interest to the public that the Minister may determine.
5: A school charter must—
a: contain all annual or long-term plans the Board is required to have or has prepared for its own purposes; or
b: contain a summary of each plan or a reference to it.
62: Procedural requirements of preparing or updating school charter
1: The Board must provide the Secretary with a copy of its first school charter and every updated school charter.
2: A school charter must be prepared and updated in accordance with national administration guidelines.
63: Effect of school charter
A school charter has effect as an undertaking by the Board to the Minister to take all reasonable steps (not inconsistent with any enactment, or the general law of New Zealand) to ensure that—
a: the school is managed, organised, conducted, and administered for the purposes set out or deemed to be contained in the school charter; and
b: the school, and its students and community, achieve the aims and objectives set out in the school charter.
63A: When school charter or updated charter takes effect
1: When the Secretary receives a school charter or updated school charter, the Secretary must consider whether the charter has been developed or updated in accordance with the requirements of this Act and the national administration guidelines.
2: Unless it takes effect on a different date under subsection (5), a new or updated school charter takes effect on the 25th working day after the date that the Secretary receives it.
3: If, before the first or updated school charter takes effect, the Secretary determines that it was not developed or updated in accordance with the Act or is inconsistent with the Act or the national administration guidelines, the Secretary must notify the Board of the matters in the school charter to be resolved.
4: The Secretary must then negotiate with the Board to resolve the matters concerned and, if the Board and the Secretary are unable to reach agreement about the content of the school charter or updated school charter, the Secretary may require the Board to amend the charter or updated charter.
5: If the Secretary issues a notice under subsection (3), the school charter or updated charter takes effect—
a: on the date agreed by the Secretary and the Board; or
b: on the date the Secretary determines to be the commencement date for his or her amendments.
63B: Board must make copies of school charter available
Once a school charter or updated school charter takes effect, the Board must make the charter available. Disqualifying interests of school trustees
15: Certain persons ineligible to be trustees
Section 103(1)
db: has been declared by the Secretary to be disqualified under section 103A
16: New section 103A inserted
The principal Act is amended by inserting, after section 103
103A: Financial interests that disqualify persons from being trustees
1: In this section,— contract
a: means a contract made by any person directly with the Board; and
b: includes any relationship with the Board that is intended to constitute a contract but is not an enforceable contract; but
c: does not include any contract for the employment of any person as an officer or employee of the Board company Companies Act 1993 Industrial and Provident Societies Act 1908 subcontract
a: means a subcontract made with the contractor under that contract, or with another subcontractor, to do any work or perform any service or supply any goods or do any other act to which the head contract relates; and
b: includes any subsidiary transaction relating to any such contract or subcontract.
2: A person is not capable of being a trustee of a Board or a member of a committee of a Board, if the total of all payments made or to be made by or on behalf of the Board in respect of all contracts made by it in which that person is concerned or interested exceeds in any financial year—
a: the amount determined for the purpose by the Secretary, in consultation with the Auditor-General, by notice in the Gazette
b: in the absence of an amount determined under paragraph (a), $25,000.
3: For the purposes of subsection (2), a trustee or a member of a committee of a Board is deemed to be concerned or interested in a contract made by a Board with a company, if—
a: the trustee owns, whether directly or through a nominee, 10% or more of the issued capital of the company or of any other company controlling that company; or
b: the trustee is the managing director or the general manager (by whatever names they are called) of the company.
4: For the purposes of this section, a company is deemed to control another company if it owns 50% or more of the issued capital of that other company or is able to control the exercise of 50% or more of the total voting powers exercisable by all the members of that other company.
5: Despite anything in this section,—
a: a person is not disqualified under this section if the Secretary approves the contract at the request of the Board, whether or not the contract is already entered into; and
b: the Secretary may, by notice in the Gazette
17: Local Authorities (Members' Interests) Act 1968 amended
Part 1 Police vetting
18: New sections 78C to 78CB inserted
The principal Act is amended by inserting, after section 78B
78C: Police vetting of non-teaching and unregistered employees at schools
1: Before appointing a person who is not a registered teacher or holder of a limited authority to teach to a position at a school, the Board of the school, or (in the case of a school registered under section 35A
2: The Board of every state school, and the management of every school registered under section 35A
a: within 2 weeks of first employing the person on a casual or temporary basis at the school:
b: in the case of a person employed at the school when this section comes into force, as required by the Teachers Council:
c: in the case of a person on whom a police vet has been conducted within the last 3 years, on or about the third anniversary of the previous police vet.
3: Despite subsections (1) and (2), no Board of a state school, or management of a school registered under section 35A
78CA: Police vetting of contractors and their employees who work at schools
1: The Board of every state school, and the management of every school registered under section 35A
a: within 2 weeks of the contractor first starting to work at the school:
b: in the case of a contractor working at the school when this section comes into force, as required by the Teachers Council:
c: in the case of a contractor on whom a police vet has been conducted within the last 3 years, on or about the third anniversary of the previous police vet.
2: In this section, contractor
a: a person who, under contract (other than an employment contract), works at a school; and
b: a person employed by a person referred to in paragraph (a) who, in the course of that employment, works at a school.
78CB: Internal procedures relating to police vets
1: In this section, requester section 35A
2: Every requester must establish internal procedures for dealing with police vets that are received as a result of a request under section 78C or section 78CA
a: identify the person or office-holder within the requester to whom police vets must be sent by the Teachers Council; and
b: ensure that strict confidentiality is observed for police vets.
3: A requester may not take adverse action in relation to a person who is the subject of a police vet until—
a: the person has validated the information contained in the vet; or
b: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. School risk management scheme
19: New sections 78D to 78G inserted
The principal Act is amended by inserting, after section 78CB
78D: School risk management scheme
1: In this section, and in sections 78E and 78F participating school Board
a: means the Board of a state school; and
b: includes a commissioner appointed in place of a Board; but
c: does not include a Board of a state school or a Commissioner if that party has been a participant but, with the Minister's approval, has withdrawn from and is not for the time being a participant in a school risk management scheme school risk management scheme
2: The Minister may, in accordance with this section, establish a school risk management scheme for the purpose of indemnifying participating school Boards—
a: against accidental loss or damage to property of the Board:
b: for any other purpose authorised by regulations made under section 78F
3: An indemnity under the school risk management scheme must be given in a form and contain terms and conditions authorised by regulations made under this Act.
4: A participating school Board is liable to pay to the Crown the annual fee set under section 78E
5: The Minister may at any time, on giving reasonable notice to all participating school Boards, discontinue a school risk management scheme and direct the Secretary to wind up the scheme.
6: Until a school risk management scheme is established under subsection (2), the deed signed by the Minister on 24 December 1999 entitled Ministry of Education—Risk Management Scheme for School Contents
78E: School risk management scheme fees
1: In respect of each year in which a school risk management scheme has effect, the Minister must, by notice in the Gazette
2: The purpose of the annual fee is to recover the administration, insurance, and claims costs of the scheme.
3: The Secretary must deduct the fee from grants made to the Board under section 79
4: The Secretary must establish a separate bank account for the purposes of this section, and—
a: all fees deducted under subsection (3) must be paid into the account; and
b: the Secretary may authorise payments to be made from the account for the purposes of administering the scheme.
5: If the school risk management scheme is discontinued, the money held in the separate account after the scheme has been wound up must be paid into the Crown Bank Account in accordance with any directions of the Secretary to the Treasury.
78F: Regulations relating to school risk management scheme
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the form of legal instrument by which a school risk management scheme may be established:
b: defining accidental loss or damage
c: setting out the scope of the indemnity that may be given by the Crown, including any exclusions:
d: setting out the procedure for lodging claims and their determination:
e: listing the kinds of costs that the Crown may deduct from money payable under the scheme to a participating school Board:
f: providing for the manner in which the parties may withdraw from the scheme:
g: providing for the manner in which the legal instrument may be varied, replaced, or terminated.
78G: Former school risk management schemes
1: The scheme referred to in section 78D(6), and all former schemes established for similar purposes by or on behalf of the Minister in 1991 or subsequent years, must be treated as if they were authorised by this section when executed.
2: All levies collected from school Boards for the purposes of a scheme to which this section applies, and payments made from those fees, must be treated as having been collected or paid under the authority of this section. Interventions in poorly performing schools
20: New Part 7A inserted
The principal Act is amended by inserting, after section 78G
7A: Interventions in schools
78H: Purpose of Part
The purpose of this Part is to provide for a range of interventions that may be used to address risks to the operation of individual schools or to the welfare or educational performance of their students.
78I: Application of interventions
1: The interventions in schools that are available are as follows:
a: a requirement by the Secretary for information:
b: a requirement by the Secretary for a Board to engage specialist help:
c: a requirement by the Secretary for a Board to prepare and carry out an action plan:
d: the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:
e: the dissolution of a Board by the Minister, and the appointment of a commissioner:
f: the dissolution of a Board by the Secretary, and the appointment of a commissioner.
2: The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1)(b) to (e) to a school if he or she has reasonable grounds to believe that there is a risk to the operation of the school, or to the welfare or educational performance of its students.
3: The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1) to a school if either of the following requests an intervention:
a: the Board of the school:
b: in the case of an integrated school, the school's proprietors.
4: When applying an intervention, the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.
5: The application of any 1 intervention does not preclude the application of any other intervention, either simultaneously or at any other time.
78J: Requirement to provide information
1: The Secretary may, by written notice to the Board of a school, require the Board to provide specified information—
a: as at a given time; or
b: at specified intervals; or
c: both.
2: The Secretary may give a notice under subsection (1) only if he or she has reasonable grounds for concern about the operation of the school, or the welfare or educational performance of its students.
3: A Board that receives a notice under subsection (1) must provide the Secretary with the information required—
a: within or at the time or times specified in the notice; and
b: in the form (if any) specified by the Secretary.
4: The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.
78K: Specialist help
1: The Secretary may, by written notice to the Board of a school, require the Board to engage specified specialist help.
2: A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the Board must engage.
3: A Board that receives a notice under subsection (1) must comply with the notice as soon as practicable, and must pay the fees and reasonable expenses of any person or organisations engaged to provide specialist help.
4: The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.
78L: Action plans
1: The Secretary may, by written notice to the Board of a school, require the Board to prepare and carry out an action plan, and every such notice must specify—
a: the matters that the action plan must address; and
b: the outcomes sought; and
c: the time within which a draft action plan must be prepared.
2: A Board that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and presenting it to the Secretary for approval.
3: The Secretary may negotiate with the Board over the draft action plan in order to reach an agreed plan but, if after a reasonable period the Board and Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the Board that he or she will approve a particular version of the plan.
4: When the Secretary has approved an action plan, the Board—
a: must implement it in accordance with its terms, unless or until the Secretary directs otherwise; and
b: must make the plan available as if it were part of the school's charter.
78M: Limited statutory manager
1: The Minister may, by notice in the Gazette
2: A notice under subsection (1) must specify—
a: any functions, powers, and duties of the Board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and
b: any matters on which the limited statutory manager may or must advise the Board; and
c: any conditions attaching to the exercise of the powers by the Board or by the limited statutory manager.
3: Upon publication of the Gazette
a: appoint a person to be the limited statutory manager for the Board; and
b: state the date on which the appointment takes effect.
4: On and from the date on which his or her appointment takes effect,—
a: any functions, powers, or duties of the Board specified in a notice under subsection (1) vest in the limited statutory manager; and
b: the Board must take into consideration advice given by the limited statutory manager on any matter on which he or she is obliged to give advice; and
c: any conditions specified in the notice apply.
5: The Board must pay the fees and expenses of a limited statutory manager appointed for it.
6: The Minister may at any time, by notice in the Gazette
7: When the Minister is satisfied that the appointment of the limited statutory manager is no longer required, he or she must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.
78N: Dissolution of Board and appointment of commissioner
1: The Minister may, by notice in the Gazette
2: On publication of a notice under subsection (1), the Secretary must, by notice in the Gazette
3: The Secretary may, by notice in the Gazette
a: the Board has not held a meeting during the previous 3 months:
b: so many casual vacancies have arisen that there is no longer any member of the Board who is eligible to preside at meetings of the Board:
c: the result of an election of trustees is that the Board has fewer than 3 trustees elected by parents:
d: an election of trustees has not been held as required by this Act:
e: it is impossible or impracticable to discover the results of an election of trustees.
78O: Commissioners
1: A commissioner appointed under section 78N
2: Anything that, if done by or on behalf of the Board, must be done by affixing the Board's seal, or by the signature of 2 or more trustees, or both, may be done by the signature of the commissioner.
3: The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the Board.
78P: Commissioner sets date for election of trustees
1: In the case of a commissioner appointed under section 78N(2)
2: In the case of a commissioner appointed under section 78N(3)
3: A commissioner's appointment ends 7 days after the date that he or she has set for the election of trustees.
78Q: Protection of limited statutory managers and commissioners
No limited statutory manager, and no commissioner, is personally liable for any act done or omitted by him or her, or for any loss arising out of any act done or omitted by him or her, if the act or omission was in good faith and occurred in the course of carrying out his or her functions.
78R: Annual review of interventions
Within 1 year of the date of a notice under any of sections 78J(1), 78K(1), 78L(1), 78M(1), or 78N(1) or (3)
78S: Application of interventions to integrated schools
1: The Secretary must, if practicable, consult with the proprietors of an integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.
2: If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee.
78T: Application of interventions to Kura Kaupapa Maori
1: Before applying any of the interventions in this Part to a Kura Kaupapa Maori, the Secretary must consult with te kaitiaki o Te Aho Matua (as defined in section 155B
2: Subsection (1) applies only to Kura Kaupapa Maori that are required by their charters to operate in accordance with Te Aho Matua.
21: Grants for Boards
1: Section 79(1) grants and supplementary grants
2: Section 79
3: A supplementary grant is paid subject to the condition that it will be used for the purposes set out in the grant, and a Board that receives a supplementary grant must use it for those purposes only.
22: Consequential repeals relating to interventions in schools
The principal Act is consequentially amended by repealing sections 64A 81B 106 to 109 School planning and reporting
23: Annual reports
1: Section 87
a: by omitting from subsection (1) the words a report on its operations for the year an annual report in accordance with this section
b: by adding to subsection (2)(b) the expression ; and
2: Section 87(2)
c: a report, presented in the manner required by the Minister by notice in the Gazette
d: the Board's annual financial statements; and
e: a statement in which schools provide an analysis of any variance between the school's performance and the relevant aims, objectives, directions, priorities, or targets set out in the school charter:
3: Section 87
3: The annual financial statements must be prepared in accordance with generally accepted accounting practice, audited as required by section 41(3) of the Public Finance Act 1989
a: a statement of the financial position of the Board as at its balance date:
b: a statement of financial performance reflecting the revenue and expenses of the Board for the financial year:
c: if required by generally accepted accounting practice, a statement of cash flows reflecting cash flows of the Board for the financial year:
d: a statement of the commitments of the Board as at the balance date:
e: a statement of the contingent liabilities of the Board as at the balance date:
f: a statement of accounting policies:
g: such other statements as are necessary to fairly reflect the financial operations of the Board for the financial year and its financial position at the end of the financial year:
h: any other statements that the Secretary determines in consultation with the Auditor-General:
i: in relation to each statement required by paragraphs (a) to (c) and, if appropriate, by paragraph (g), budgeted figures for the financial year:
j: in relation to each statement required by paragraphs (a) to (c), paragraph (d), and paragraph (e) and, if appropriate, by paragraph (g), comparative actual figures for the previous financial year.
4: The annual financial statements must be accompanied by a statement of responsibility signed by the chair of the Board and principal, as required by section 42 of the Public Finance Act 1989
24: New section 91N inserted
The principal Act is amended by inserting in Part 8A section 91M
91N: Power of Secretary to employ teachers
1: The Secretary may, in his or her discretion, employ any person to work in a school as a teacher.
2: In applying any Order in Council under this Part limiting the number of teachers who may be employed at a school, teachers employed under this section are not to be counted.
3: The provisions of Parts X and 10A Teacher registration
25: Interpretation
1: Section 120 authorisation early childhood service
a: a chartered service, as defined in section 308
b: an early childhood centre licensed under section 317 early childhood education and care service
a: a free kindergarten; and
b: an early childhood service declared to be an early childhood education and care service by regulations made under section 69(2) of the Education Standards Act 2001 employer
a: the Board of Trustees of a state school:
b: the managers of a school registered under section 35A
c: the management of an early childhood education and care service
d: the Secretary, in his or her capacity as an employer under section 91N free kindergarten section 308
2: Section 120 general education system general education system
a: registered schools (as defined in section 2
b: early childhood services; and
c: other educational institutions and services established or deemed to have been established, or provided, under this Act or the Education Act 1964
3: Section 120 practising certificate professional leader
a: in the case of a school, the principal:
b: in the case of an early childhood service, the professional leader of the service:
c: in the case of any other educational institution, the chief executive or person occupying an equivalent position
4: Section 120 teaching position
b: is the professional leader, deputy professional leader (however described), or assistant principal of a school; or
c: is the professional leader of an early childhood service or other educational institution
5: Section 120 teaching position Teachers Council Part 10A
6: Section 120 registered private school Registration Board school authority School Board state school
26: Restrictions on appointment of teachers
Section 120A(3)
27: Restrictions on continued employment of teachers
Section 120B(5)
28: New section 124B inserted
The principal Act is amended by inserting, after section 124A
124B: Determining good character and fitness to be teacher
1: For the purpose of determining whether a person is of good character and fit to be a teacher, the Teachers Council must obtain a police vet of the person.
2: Subsection (1) does not limit any other matters that the Teachers Council may take into account in determining character and fitness to be a teacher.
29: New section 129 substituted
The principal Act is amended by repealing section 129
129: Deregistration
1: The Teachers Council must deregister a registered teacher or authorised person if any of the following applies:
a: the Teachers Council is satisfied on reasonable grounds that the person no longer satisfies (as the case requires)—
i: the requirements for registration as a teacher under section 122
ii: the requirements for limited authority to teach under section 130B(2)
b: the Teachers Council is satisfied on reasonable grounds that the registration or authorisation was effected by mistake or obtained by fraud:
c: the Teachers Council is satisfied on reasonable grounds, following a complaint and investigation under section 139AZC
d: the Disciplinary Tribunal of the Teachers Council requires that the teacher or authorised person be deregistered as a result of misconduct or conviction for an offence.
2: Unless a proposed deregistration is the result of a hearing by the Disciplinary Tribunal, the Teachers Council may not deregister a person without first—
a: taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed deregistration; and
b: giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed deregistration.
3: The fact that a person has been deregistered does not prevent the teacher from again being registered or authorised.
4: When a teacher is deregistered on the ground that he or she is not competent to be registered, if the person later applies for registration, he or she may be treated as a person who has not held a practising certificate within the past 5 years.
5: The Teachers Council must take all reasonable steps to ensure that employers are informed when a person is deregistered.
6: In this section, deregistration
30: Practising certificates
1: Section 130
1: Any person may apply to the Teachers Council, on a form provided by the Council, for a practising certificate.
1A: The Teachers Council must issue a practising certificate to every applicant who—
a: is registered as a teacher; and
b: has had a satisfactory police vet within the past 3 years.
2: Section 130
6: If a teacher applies to renew his or her practising certificate, the Teachers Council may issue a renewed practising certificate only if it is satisfied that the teacher—
a: continues to meet the criteria for registration; and
b: has satisfactory recent teaching experience; and
c: has had a satisfactory police vet within the past 3 years; and
d: has completed satisfactory professional development during the past 3 years.
31: Determining character and likely teaching ability
Section 130C
2: For the purpose of determining whether a person is of good character and fit to be a teacher, the Teachers Council must obtain a police vet of the person.
3: Subsection (2) does not limit any other matters that the Teachers Council may take into account in determining good character and fitness to be a teacher.
32: Section 130G repealed
Section 130G
33: Heading and sections 131 to 135 repealed
The heading immediately above section 131 sections 131 to 135
34: Offences
1: Section 137(g)
2: Section 137
2: Every person commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, who appoints any person to a position, or continues to employ any person in a position, knowing that the appointment or employment is contrary to section 120A or section 120B
35: Section 138 repealed
Section 138
36: Sections 138A and 138B repealed
Sections 138A 138B New Zealand Teachers Council
37: New Part 10A inserted
1: The principal Act is amended by inserting, after Part 10
10A: New Zealand Teachers Council
139AA: Purpose of Part
The purpose of this Part is to provide professional leadership in teaching, enhance the professional status of teachers in schools and early childhood education, and contribute to a safe and high quality teaching and learning environment for children and other learners.
139AB: Interpretation
1: In this Part, unless the context otherwise requires,— authorised person Part X Complaints Assessment Committee disciplinary body Disciplinary Tribunal rules section 139AJ serious misconduct
a: that—
i: adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
ii: reflects adversely on the teacher's fitness to be a teacher; and
b: is of a character or severity that meets the Teachers Council's criteria for reporting serious misconduct teacher
a: a registered teacher; and
b: a former registered teacher; and
c: an authorised person; and
d: a former authorised person.
2: Terms in this Part that are defined in section 120 Teachers Council
139AC: New Zealand Teachers Council established
1: The New Zealand Teachers Council ( Teachers Council
2: The Teachers Council is a Crown entity for the purposes of the Public Finance Act 1989
3: The Seventh Schedule
139AD: Composition of Teachers Council
1: The Teachers Council comprises 11 members, as follows:
a: 4 members appointed by the Minister, 1 of whom the Minister must appoint as chairperson:
b: 4 elected members (each of whom must be a registered teacher holding a current practising certificate), being—
i: 1 teacher representing the early childhood sector, elected by teachers from that sector; and
ii: 1 teacher representing the primary sector, elected by teachers from that sector; and
iii: 1 teacher representing the secondary sector, elected by teachers from that sector; and
iv: 1 principal, elected by principals:
c: 1 person appointed by the Minister on the nomination of the New Zealand Educational Institute:
d: 1 person appointed by the Minister on the nomination of the New Zealand Post Primary Teachers' Association:
e: 1 person appointed by the Minister on the nomination of the New Zealand School Trustees Association.
2: The elected members of the Teachers Council must be elected in accordance with rules made under section 139AJ(1)(a)
3: The first elections for the elected members must be held as soon as practicable after the commencement of this section but, until the date on which the elected members take office following those elections, the positions of the elected members must be filled by persons appointed by the Minister.
4: In order to provide for the staggered turnover of members, the Minister may specify, when appointing members to hold office when this section comes into force, which members are to hold office for 3 years (which is the standard term of office), and which are to hold office for 18 months.
139AE: Functions of Teachers Council
The functions of the Teachers Council are as follows:
a: to provide professional leadership to teachers and others involved in schools and early childhood education:
b: to encourage best teaching practice:
c: to carry out the functions under Part X
d: to determine standards for teacher registration and the issue of practising certificates:
e: to establish and maintain standards for qualifications that lead to teacher registration:
f: to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes on the basis of the standards referred to in paragraph (e):
g: to develop a code of ethics for teachers:
h: to exercise the disciplinary functions in this Part relating to teacher misconduct and reports of teacher convictions:
i: to set the criteria for reporting serious misconduct and for reporting on competence issues:
j: to exercise the functions in this Part relating to teacher competence:
k: to co-ordinate a system providing for the vetting by the police of all teachers and other people employed in schools and early childhood services:
l: to identify research priorities and, where appropriate, to promote and sponsor research according to those priorities:
m: to exercise any other functions conferred on it by this Act, any other enactment, or the Minister.
139AF: Powers of Teachers Council
1: The Teachers Council has—
a: all the rights, powers, and privileges of a natural person of full age and capacity; and
b: the power to do anything it is authorised to do by or under this Act, or any other enactment, or any rule of law.
2: The Teachers Council may exercise its powers only for the purpose of carrying out its functions.
3: The Teachers Council may provide goods and services that are consistent with its functions and may, with the approval of the Minister, charge a commercial rate for any goods and services provided.
4: The Teachers Council may, by notice in the Gazette
a: any addition or alteration to a person's registration as a teacher:
b: any addition or alteration to, or extension of, a person's limited authority to teach:
c: any addition or alteration to a person's practising certificate:
d: inspection of the register of registered teachers or any other register or any other documents kept by the Teachers Council that are open to inspection:
e: the supply of a copy of any entry in a register or other document referred to in paragraph (d):
f: any other matter for which this Act provides that the Teachers Council may charge fees.
139AG: Ministerial directions
1: The Minister may, after consultation with the Teachers Council, give directions to the Council about the Government's expectations regarding the performance of its functions, other than its functions under section 139AE(a) and (b)
2: The Minister may not give a direction under this section that requires the Teachers Council to do, or refrain from doing, any act that is intended to bring about a particular result in respect of 1 or more particular individuals.
3: Every direction from the Minister must be in writing and be signed and dated.
4: The Minister must, as soon as practicable after giving the direction,—
a: publish a copy of it in the Gazette
b: present a copy of it to the House of Representatives.
5: The Teachers Council must give effect to every direction given by the Minister.
139AH: Advisory groups
1: The Teachers Council must establish—
a: an early childhood advisory group; and
b: a Maori-medium advisory group.
2: The Council may establish any other advisory groups, whether on an ongoing basis or for a fixed term.
3: The Council must determine the membership of advisory groups, and their terms of reference, budget, and other matters necessary to ensure their efficient and effective operation.
4: The Council must have regard to advice given by an advisory group about any matter within its area of expertise.
139AI: Code of ethics
1: The code of ethics prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons.
2: The Teachers Council must, as soon as practicable after the first elected members of the Council take office, prepare a code of ethics for teachers.
3: When preparing the code of ethics (and any amendments to it), the Teachers Council must take all reasonable steps to consult with those who will be bound by it.
4: The code of ethics must be signed by the chairperson of the Teachers Council and—
a: notice of it must be given in the Gazette
b: the notice must say where copies of the code may be obtained free of charge; and
c: the notice must give the date on which the code comes into force, which must be a date on or after the date of the Gazette
d: the Teachers Council must take all reasonable steps to ensure that those bound by the code hear of it and are able to obtain copies of it.
5: The Council may amend the code of ethics, and every amendment—
a: must be notified in the Gazette
b: forms part of the code on the date specified in the notice as the date on which it will come into force.
139AJ: Teachers Council to make rules
1: The Teachers Council must, as soon as practicable after the commencement of this section, make rules providing for—
a: the conduct of elections for elected members and the establishment of rolls for the election of each elected member; and
b: a Complaints Assessment Committee to—
i: investigate complaints of misconduct about, and reports of convictions of, teachers; and
ii: carry out any other function, and exercise any power given under this Act or delegated to it by the Teachers Council; and
c: a Disciplinary Tribunal to conduct hearings relating to misconduct by, and convictions of, individual teachers, and to exercise the powers given under this Act; and
d: the practices and procedures of the disciplinary bodies; and
e: the procedures of the Teachers Council for dealing with reports received under the mandatory reporting provisions in sections 139AK, 139AL, 139AM, 139AN, and 139AP
f: the procedures relating to police vets, and in particular the rights of persons who are vetted; and
g: the amendment and replacement of rules made under this subsection, including any consultation requirements.
2: The Teachers Council may make rules for any other purpose relating to the performance of its functions.
3: When preparing rules (and any amendments to them), the Teachers Council must take all reasonable steps to consult with those affected by the rules.
4: When rules are made under this section,—
a: notice of them must be given in the Gazette
b: the notice must say where copies of the rules may be obtained free of charge; and
c: the notice must give the date on which the rules come into force, which must be a date on or after the date of the Gazette
d: the Teachers Council must take all reasonable steps to ensure that those affected by the rules hear of them and are able to obtain copies of them.
5: Rules made under this section are regulations for the purposes of the Regulations (Disallowance) Act 1989. Mandatory reporting
139AK: Mandatory reporting of dismissals and resignations
1: When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Teachers Council.
2: An employer must immediately report to the Teachers Council when a teacher resigns from a teaching position if, within the 12 months preceding the resignation, the employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher, or the teacher's competence.
3: Every report under this section must be in writing, and must include,—
a: in the case of a report of dismissal, the reason for the dismissal; and
b: in the case of a report of a resignation,—
i: a description of the conduct or competency issues that the employer had been concerned about; and
ii: a report of what action (if any) the employer had taken with respect to the conduct or competency issues.
139AL: Mandatory reporting of complaints received about former employees
1: The former employer of a teacher must immediately report to the Teachers Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher's conduct or competence while he or she was an employee.
2: Every report under this section—
a: must be in writing; and
b: must set out the nature of the complaint; and
c: may include any additional information that the employer considers relevant.
3: A former employer must not report a complaint under this section if—
a: it is satisfied that the complaint is malicious, vexatious, or without any foundation; or
b: the complaint is about competence, and the complaint does not meet the Teachers Council's criteria for reporting about competence issues.
139AM: Mandatory reporting of possible serious misconduct
1: The employer of a teacher must immediately report to the Teachers Council if it has reason to believe that the teacher has engaged in serious misconduct.
2: Every report under this section must—
a: be in writing; and
b: include a description of the conduct of the teacher that the employer believes to be serious misconduct; and
c: include a description of what action (if any) the employer has taken in relation to it.
139AN: Mandatory reporting of failure to reach required level of competence
1: The employer of a teacher must immediately report to the Teachers Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence.
2: Every report under this section must—
a: be in writing; and
b: include a description of the competency issues leading to the report; and
c: include a description of the action that the employer has taken in relation to it.
139AO: Offence to fail to report
1: An employer or former employer commits an offence and is liable on summary conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Teachers Council as required under any of sections 139AK, 139AL, 139AM, or 139N
2: It is a defence to a charge under subsection (1) against the former employer of a teacher if the former employer proves that it believed on reasonable grounds that, by virtue of section 139AL(3)
139AP: Mandatory reporting of convictions
1: Every teacher who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Teachers Council.
2: Failure to report a conviction to the Teachers Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings.
3: The Registrar of every court must, unless the court expressly orders otherwise in a particular case, report to the Teachers Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more.
4: If the Registrar has reported a conviction to the Teachers Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Teachers Council of that fact. Disciplinary functions
139AQ: Disciplinary bodies
1: The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section.
2: Disciplinary bodies may have members who are not members of the Teachers Council, but the majority of members on each body must be members of the Teachers Council.
3: The Disciplinary Tribunal must include at least 1 person who is not a member of the Teachers Council and who is not a teacher, employer, or a member of an employing body.
4: No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.
5: Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,—
a: made the complaint; or
b: is otherwise in a position of conflict of interest.
6: When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice.
139AR: Complaints of misconduct
1: A person who wishes to make a complaint about the conduct of a teacher must first make the complaint to the teacher's employer, unless 1 of the circumstances in subsection (2)(a) to (d) applies.
2: Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the conduct of a teacher—
a: if the complaint is about a teacher who is not currently employed by an employer; or
b: if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or
c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
d: in any other exceptional circumstance.
3: A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it.
139AS: Complaints and reports relating to teacher conduct
1: The Teachers Council must refer to the Complaints Assessment Committee—
a: every report received by it under any of sections 139AK, 139AL, or 139AM
b: every report received by it under section 139AP
c: every complaint received by it under section 139AR
2: In relation to a complaint received under section 139AR
a: if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher's employer, it must refer the matter to the employer; and
b: in any other case, it must notify the employer (if the teacher is currently employed by an employer) that it has received a complaint about the teacher.
3: An employer to whom a complaint is referred under subsection (2), or who is required to provide information in the course of an investigation by the Complaints Assessment Committee, must report to the Committee as required by it.
139AT: Powers of Complaints Assessment Committee
1: The Complaints Assessment Committee may investigate any complaint or report referred to it under section 139AS
2: Following an investigation, the Complaints Assessment Committee may, in respect of a complaint or report referred to it under section 139AS
a: dismiss the matter, or resolve to take it no further:
b: refer the teacher concerned to a competency review:
c: refer the teacher concerned to an impairment process which may involve assessing, and (if necessary) assisting with, an impairment:
d: in the case of a complaint of misconduct, resolve the complaint by agreement with the teacher and the person who made the complaint, which may include doing any of the following:
i: censuring the teacher:
ii: imposing conditions on the teacher's practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:
iii: suspending the teacher's practising certificate or authority for a specified period, or until specified conditions are met:
iv: annotating the register or the list of authorised persons in a specified manner.
3: The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.
4: If the Complaints Assessment Committee is satisfied on reasonable grounds that a teacher has engaged in serious misconduct, the Committee must—
a: refer the matter to the Disciplinary Tribunal for a hearing; and
b: send a notice to the teacher concerned setting out the charge of serious misconduct against him or her.
139AU: Interim suspension to enable investigation
1: For the purpose of investigating a complaint of serious misconduct about a teacher, the Complaints Assessment Committee may at any time apply to the Disciplinary Tribunal for an interim suspension of the teacher's practising certificate or authority.
2: On an application for an interim suspension, the Disciplinary Tribunal may, either with or without a hearing, suspend the teacher's practising certificate or authority for a specified period, or until specified conditions have been met, but in any case for not more than 3 months.
139AV: Investigation of reports of convictions
1: Every report of the conviction of a teacher for an offence punishable by 3 months' or more imprisonment that is received by, or comes to the attention of, the Teachers Council must be investigated by the Complaints Assessment Committee.
2: Following investigation of a report of such a conviction, the Complaints Assessment Committee may, by agreement with the teacher, annotate the register or the list of authorised persons.
3: If the Complaints Assessment Committee considers that the conviction may warrant action by the Disciplinary Tribunal, it must refer the report to the Disciplinary Tribunal for a hearing.
139AW: Powers of Disciplinary Tribunal
1: Following a hearing of a charge of serious misconduct, or a hearing into the conduct of a teacher, the Disciplinary Tribunal may do any 1 or more of the following:
a: any of the things that the Complaints Assessment Committee could have done under section 139AT(2)
b: censure the teacher:
c: impose conditions on the teacher's practising certificate or authority for a specified period:
d: suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met:
e: annotate the register or the list of authorised persons in a specified manner:
f: impose a fine on the teacher not exceeding $3,000:
g: require the deregistration (as defined in section 129(6)
h: require any party to the hearing to pay costs to any other party:
i: require any party to pay a sum to the Teachers Council in respect of the costs of conducting the hearing.
2: Despite subsection (1), following a hearing that arises out of a report under section 139AP
3: A fine imposed on a teacher, and a sum ordered to be paid to the Teachers Council under subsection (1)(i), are recoverable as debts due to the Teachers Council.
139AX: Evidence at hearings
1: The Disciplinary Tribunal may—
a: receive evidence on oath (and for that purpose an officer or employee of the Teachers Council may administer an oath); and
b: permit a person appearing as a witness before it to give evidence by written statement, and verify that statement by oath.
2: A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961
139AY: Powers of Disciplinary Tribunal in relation to witnesses
1: The Disciplinary Tribunal may require a person to do either or both of the following:
a: attend and give evidence at a hearing of the Disciplinary Tribunal:
b: produce any documents, records, or other information in his or her custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not.
2: A requirement under subsection (1) must be in writing signed by the chairperson of the Disciplinary Tribunal.
3: A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called on the volition of the Disciplinary Tribunal itself, by the Teachers Council), witnesses' fees, allowances, and travelling expenses, according to the scales for the time being prescribed by regulations made under the Summary Proceedings Act 1957
139AZ: Offences relating to witnesses
A person commits an offence, and is liable on summary conviction to a fine not exceeding $500 who, without lawful justification, fails or refuses—
a: to attend and give evidence when required by the Disciplinary Tribunal; or
b: to answer truly and fully any question put to him or her by a member of the Disciplinary Tribunal; or
c: to produce any document, record, or other information as required by the Disciplinary Tribunal.
139AZA: Privileges and immunities
1: Every person who does any of the following has the same privileges as witnesses have in a court:
a: provides documents, things, or information to a disciplinary body:
b: produces documents or things to a disciplinary body:
c: gives evidence to, or answers questions by, a disciplinary body.
2: Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court.
3: If a person is represented at a hearing before the Disciplinary Tribunal by a person other than a barrister or solicitor,—
a: any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and
b: the representative is a counsel for the purposes of subsection (2).
139AZB: Appeals
1: A person who is dissatisfied with all or any part of a decision by the Disciplinary Tribunal under section 139AU(2) or section 139AW section 139AZC
2: An appeal under this section must be made within 28 days of receipt of written notice of the decision, or any longer period that the court allows.
3: Subsections (3) to (7) of section 126 Review of competence
139AZC: Complaints about competence
1: A person who wishes to make a complaint about a teacher's competence must first make the complaint to the teacher's employer, unless 1 of the circumstances in subsection (2)(a) to (d) applies.
2: Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the competence of a teacher—
a: if the complaint is about a teacher who is not currently employed by an employer; or
b: if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or
c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
d: in any other exceptional circumstance.
3: A complaint under this section by an employer or former employer must include a description of the competency issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.
4: If the Teachers Council considers that a complaint under this section should have been sent first to the teacher's employer, it must refer the matter to the employer; and in any other case, it must notify the employer (if the teacher is currently employed by an employer) that it has received a complaint about the teacher.
5: When the Teachers Council refers a complaint to an employer, the employer must report as required by the Teachers Council.
6: If the Teachers Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teachers Council may investigate the complaint.
7: When a complaint about competence is made by a member of the Teachers Council, that member may not be involved in any investigation of the complaint.
8: If, after investigation, the Teachers Council is satisfied that the teacher has not attained the required level of competence, it may—
a: impose conditions on the teacher's practising certificate or authority:
b: refer the teacher to an impairment process involving the assessment of, and (if necessary) assistance with, an impairment:
c: deregister the teacher under section 129 Police vetting
139AZD: Teachers Council must co-ordinate police vetting
1: The Teachers Council must establish a system for co-ordinating police vetting that is requested by—
a: the Teachers Council, in relation to—
i: teacher registration and the issue of practising certificates; and
ii: the granting of limited authorities to teach; and
b: Boards of state schools, and the management of schools registered under section 35A
i: current and prospective non-teaching and unregistered employees; and
ii: contractors who work regularly at the school during school hours; and
c: the management of early childhood services, in relation to—
i: current and prospective non-teaching and unregistered employees; and
ii: contractors who work regularly at the service during normal opening hours.
2: A copy of the result of the police vet of a person must be given to both the person or body that requested it and the person who is the subject of the vet.
3: The Teachers Council may charge fees to any Board or management that requests a police vet, to cover its administrative costs associated with providing vets and co-ordinating the system of police vetting.
4: The Teachers Council must establish internal procedures for dealing with police vets requested for its own purposes and for those requested by Boards and managements which must, in particular,—
a: identify the person or office-holder within the Council to whom police vets must be sent; and
b: ensure that strict confidentiality is observed for police vets.
5: The Teachers Council may not take adverse action in relation to a person who is the subject of a police vet until—
a: the person has validated the information contained in the vet; or
b: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
2: The principal Act is amended by repealing Schedule 7 Schedule 1 Data gathering
38: Secretary may require information for statistical purposes
1: The heading to section 144A statistical purposes proper administration of Act
2: Section 144A(1) statistical information (not being information that identifies, or discloses information about, any individual person) information
3: Section 144A
1A: Information required by the Secretary under this section that identifies individuals may be used only for the following purposes:
a: statistical purposes:
b: ensuring that institutions and students receive relevant resourcing:
c: monitoring, and ensuring students' rights in respect of, enrolment and attendance.
4: Section 144A(2) statistical
5: Section 144A(2)(b) Regulating school hostels
39: New sections 144B to 144E inserted
The principal Act is amended by inserting, after section 144A
144B: Purpose of sections 144C to 144E
The purpose of sections 144C to 144E
144C: Regulations about school hostels
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: adopting minimum standards that apply to hostel premises and facilities, whether the regulations set out the standards themselves or adopt standards contained in other documents:
b: adopting codes of practice relating to the management of hostels, whether the regulations set out the codes themselves or adopt codes contained in other documents:
c: prescribing offences for failing to comply with minimum standards or codes of practice adopted by regulations, and providing for a penalty on summary conviction for any such offence to be a fine not exceeding $10,000:
d: providing for exemptions from the application of minimum standards or codes of practice:
e: prescribing a system of licensing for hostels, which may include provisions—
i: providing for different sorts of licences:
ii: setting out the conditions to be met before a licence may be issued:
iii: prescribing the circumstances in which conditions may be imposed on a licence:
iv: setting out the conditions or type of conditions that may attach to a licence:
v: prohibiting students from boarding at an unlicensed hostel:
vi: prohibiting the payment of a boarding bursary, or any government subsidy relating to the cost of boarding at a hostel, in respect of a student boarding at an unlicensed hostel:
vii: prescribing offences for failure to comply with all or any licence conditions, and providing for a penalty on summary conviction for any such offence to be a fine not exceeding $10,000:
viii: providing for the suspension or cancellation of any licence:
ix: establishing a licensing body:
x: prescribing fees payable on application for, or renewal of, a licence, and for the return or refund of any fees in specified circumstances:
f: establishing a complaints procedure relating to complaints by students, parents, or Boards, about hostels:
g: providing for any other matters necessary or expedient for giving effect to the purpose described in section 144B
2: Regulations made under subsection (1) may relate to all hostels, individual hostels, hostels of specified classes, or parts of hostels.
144D: Inspection of hostels
1: An authorised person may at any reasonable time do any or all of the following:
a: enter any hostel premises and inspect the premises and facilities:
b: inspect, and make and remove copies of, any information relating to the management of the hostel:
c: require any person at a hostel to make or provide statements, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the hostel.
2: An authorised person may exercise the powers in subsection (1) only for the purpose of monitoring compliance with minimum standards, codes of practice, licences, or licence conditions.
3: The person in charge (or apparent charge) of the hostel must, if an authorised person requests it, co-operate in allowing the authorised person access to the premises, facilities, and information relating to the management of the hostel, including assisting the authorised person to copy (in usable form) any information required for the inspection.
4: The person in charge (or apparent charge) of a hostel commits an offence and is liable upon summary conviction to a fine not exceeding $5,000 if he or she fails, without reasonable excuse, to comply with subsection (3).
5: An authorised person may not enter or inspect the room or sleeping area of a student accommodated at the hostel unless—
a: the authorised person believes on reasonable grounds that entry or inspection is necessary for a purpose specified in subsection (2); and
b: prior notice of the inspection is given to the student, and the purpose of the inspection is explained; and
c: the student is present during the inspection.
144E: Authorised person for purpose of section 144D
1: The Minister may, by notice in writing, appoint any person as an authorised person for the purpose of exercising the powers in section 144D
2: An authorisation under subsection (1) must state—
a: the name of the authorised person; and
b: the powers that he or she may exercise under section 144D
c: the date on which the authorisation was given, and the date (if any) on which it expires.
3: When an authorised person is exercising powers under section 144D
a: on entering a hostel to be inspected, to the person in charge, or apparent charge, of the hostel; and
b: if the authorised person wishes to speak to any person in connection with the inspection, to that person. Human Rights Act 1993 compliance
40: Interpretation
Section 145(1) Secretary single sex school section 146A
41: Single sex schools
Section 146A
3: Subject to section 157(2) Gazette
a: in the case of a boys' school, the number of girls who may enrol at it, or the proportion of the total roll of the school that may be girls:
b: in the case of a girls' school, the number of boys who may enrol at it, or the proportion of the total roll of the school that may be boys.
4: In setting limits on a school under subsection (3), the Minister must have regard to the necessity of safeguarding the single-sex nature of the school.
42: Consultations
Section 157(2)
ab: set limits by notice under section 146A(3) Tertiary education institutions
43: Disestablishment of institutions
Section 164(2) specified in Part I of the Thirteenth Schedule to this Act established under section 162 Human Rights Act 1993 compliance
44: Requirements as to constitutions of Councils
1: The principal Act is amended by repealing section 171(6)(a)
2: The principal Act is amended by repealing section 171(6)(b)
b: the person is subject to a compulsory treatment order that is an inpatient order, or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 Tertiary education institutions
45: Functions of Councils
Section 180(a) , and to monitor and evaluate his or her performance
46: Duties of Councils
Section 181
e: to ensure that the institution operates in a financially responsible manner that ensures the efficient use of resources and maintains the institution's long-term viability:
47: New heading and sections 195A to 195G inserted
The principal Act is amended by inserting, after section 195 Institutions at risk
195A: Criteria for risk assessment of institutions
1: The Secretary must, after consulting with institution Councils, determine criteria for assessing the level of risk to the operation and long-term viability of institutions.
2: The Secretary must publish criteria determined under subsection (1) in the Gazette
3: Criteria determined under this section must be reviewed at least once in every 2 years following the date of their publication in the Gazette
195B: Institutions to provide information if required
1: The Secretary may, if he or she has reasonable grounds to believe that an institution may be at risk, by written notice to the Council of an institution, require the Council to provide either or both of the following:
a: specified information about the operation, management, or financial position of the institution at a given time:
b: reports at specified intervals on specific aspects of the operation, management, or financial position of the institution.
2: If the Secretary requires information under subsection (1), the information required must be information that relates to the risks to the institution that the Secretary is concerned about.
3: A Council that receives a notice under subsection (1) must provide the Secretary with the required information within or at the time or times specified in the notice.
4: The Secretary may revoke or amend any notice given under subsection (1).
5: Nothing in this section limits section 45B of the Public Finance Act 1989
195C: Minister may appoint Crown observer
1: If the Minister considers on reasonable grounds that the operation or long-term viability of an institution is at risk, he or she may appoint a Crown observer to the Council of the institution.
2: A Crown observer may not be appointed to the Council of an institution unless the Minister has first—
a: consulted with the Council; and
b: advised the Council that he or she is considering appointing a Crown observer; and
c: given the Council an opportunity to comment on the proposal.
3: Every appointment under this section must be in writing and must state the date on which it takes effect.
4: A Crown observer may—
a: attend any meeting of the Council or committee of the Council of the institution to which he or she is appointed; and
b: offer advice to the Council, or any committee or member of the Council; and
c: report to the Minister on any matter raised or discussed at any meeting that he or she attends as a Crown observer.
5: A Crown observer must at all times maintain confidentiality with respect to Council affairs, except as authorised by paragraph (c) of subsection (4).
6: A Crown observer is not a member of the Council or any committee of the Council, and may not—
a: vote on any matter; or
b: exercise any of the powers, or perform any of the functions or duties, of a member of the Council.
195D: Minister may dissolve Council and appoint commissioner
1: The Minister may, by written notice, dissolve the Council of an institution and appoint a commissioner to act in place of the Council if the Minister believes on reasonable grounds that—
a: there is a serious risk to the operation or long-term viability of the institution; and
b: other methods of reducing the risk either have failed or appear likely to fail.
2: For the purpose of subsection (1), there is a serious risk to the operation or long-term viability of an institution if—
a: the institution is, or is at risk of being, unable to pay its debts as they become due in the normal course of business; and
b: according to the criteria published under section 195A(2)
3: A notice under subsection (1) must specify—
a: the date when the dissolution and appointment take effect; and
b: the name of the person appointed as commissioner.
4: The Minister may not exercise the power under subsection (1) in relation to an institution unless he or she has first—
a: consulted with the Council of the institution and any other interested parties over the possible need to dissolve the Council and appoint a commissioner; and
b: following that consultation, given the Council written notice of his or her preliminary decision that the Council should be dissolved and a commissioner appointed in its place; and
c: allowed the Council at least 21 days in which to respond to the preliminary decision; and
d: considered any submissions made by the Council about why the preliminary decision should not be confirmed.
5: As soon as practicable after giving a notice under subsection (1), the Minister must—
a: publish a copy of it in the Gazette
b: present a copy of it to the House of Representatives.
6: When a commissioner is appointed under this section, the Minister must review the appointment at least once in every 12 months following the appointment.
7: As soon as the Minister is satisfied (following an annual review or at any other time) that the risk that gave rise to the appointment of the commissioner has reduced to such an extent that is it appropriate that the institution be administered by a Council, a new Council must be appointed in accordance with the constitution of the Council most recently notified in the Gazette
8: A commissioner's appointment ends on the close of the day before a new Council takes office.
195E: Powers and functions of commissioner
1: A commissioner appointed under section 195D sections 160 and 161
2: A commissioner replaces all Council members who serve on any committee of the Council that he or she is appointed to replace.
3: Anything that, if done by or on behalf of a Council, is required to be signed by 2 or more members of the Council, may be done by the commissioner's signature alone.
195F: Minister to appoint advisory committee
1: If the Minister appoints a commissioner under section 195D
2: The Minister may appoint up to 5 persons to be members of an advisory committee and must ensure that the composition of the committee reasonably reflects the community of the institution as represented by its Council at the time of the Council's dissolution.
3: Members of an advisory committee may be paid fees at the same rates as were paid to members of the Council at the time of its dissolution.
4: The commissioner must have regard to any advice given by an advisory committee.
5: For the purposes of section 222(1) section 193(3)
195G: Review of operation of sections 195A to 195F
No later than 5 years from the date on which sections 195A to 195F
a: review, in consultation with interested parties, the operation of sections 195A to 195F
b: prepare a report of the review that includes recommendations on whether any amendment to those sections is necessary or desirable; and
c: present a copy of the report to the House of Representatives. Pastoral care of international students
48: New Part 18A inserted
The principal Act is amended by inserting, after Part 18
18A: Code of practice for providers who enrol international students
238D: Interpretation
In this Part, unless the context otherwise requires,— administrator code section 238F IEAA international student
a: is studying in New Zealand on a student permit under the Immigration Act 1987
b: is enrolled by a provider; and
c: in relation to the provider, is a foreign student as defined in section 2 or section 159 provider
a: a registered school; or
b: an institution as defined in section 159
c: a private training establishment holding a current registration under Part XVIII review panel
238E: Signatories to code may enrol persons as international students
1: A provider may enrol a person as an international student or continue to have an international student enrolled, so long as the provider is a signatory to the code.
2: A provider must not enrol a person as an international student or continue to have an international student enrolled, or provide educational instruction for such a person, if—
a: the provider is not a signatory to the code; or
b: the provider is removed as a signatory to the code under section 238G
c: for any other reason provided in the code, the provider ceases to be a signatory to the code.
3: A provider that is suspended under section 238G
238F: Code
1: The Minister may publish a code of practice that provides a framework for the pastoral care of international students.
2: Without limiting subsection (1), the code may include provisions for all or any of the following purposes:
a: designating the administrator:
b: setting out requirements relating to the manner in which providers may assess and recruit prospective international students, including the information to be given by providers about courses, procedures, and costs:
c: providing for the welfare of international students, including the support services to be provided by a provider and any reporting obligations:
d: requiring providers to review their own performance to ensure compliance with the code, and providing for the designation or appointment of an independent person or organisation to monitor the performance of providers to ensure compliance with the code:
e: establishing the IEAA to investigate and determine complaints from international students about alleged breaches of the code, after all internal grievance procedures have been exhausted, and to refer appropriate cases to the review panel; setting out rules of procedure or empowering the IEAA to regulate its own procedure; and, subject to section 238G
f: establishing the review panel to determine whether a signatory should be removed or suspended as a signatory to the code; setting out rules of procedure or empowering the review panel to regulate its own procedure; and, subject to section 238G
g: despite everything in the Public Finance Act 1989
h: providing for such other matters as are contemplated by or necessary for giving full effect to this Part and for its due administration.
3: The code of practice may make different provisions in relation to international students aged under 18 and in relation to international students aged 18 or over.
4: The code is binding on all parties who are signatories to the code.
5: The Minister must notify the making of the code in the Gazette
238G: Sanctions
1: If it finds that a signatory to the code has committed a serious breach of the code of practice, the IEAA may recommend to the review panel that—
a: the provider be removed as a signatory to the code; or
b: the provider be suspended for a specified period as a signatory to the code.
2: If it finds that a signatory to the code has committed a breach of the code other than a serious breach, the IEAA may impose an appropriate sanction (other than a sanction referred to in subsection (1)(a) or (b)) provided in the code.
3: If it considers that the sanction it has imposed on a provider under subsection (2) has not been complied with to its satisfaction, the IEAA can recommend to the review panel that—
a: the provider be removed as a signatory to the code; or
b: the provider be suspended for a specified period as a signatory to the code.
4: The review panel may—
a: impose the sanction referred to in subsection (1)(a) or (b) that is recommended by the IEAA; or
b: substitute the other sanction referred to in subsection (1); or
c: substitute an appropriate lesser sanction provided for in the code; or
d: set aside the recommendation made by the IEAA.
5: At any time pending a final determination by the review panel, it may refer a matter back to the IEAA with directions to reconsider the whole or any specified part of the matter.
238H: Providers to pay annual fee
1: The Minister may, by notice in the Gazette
2: The fee is for the purposes of the administration of the code.
3: The Minister must ensure that the annual fee is sufficient to meet the full costs of the IEAA, the review panel, and of administering and enforcing the code.
4: A provider is liable to pay an annual fee set under subsection (1).
5: The funds collected from an annual fee must be kept in a trust account administered by the administrator.
6: If the code is revoked and not replaced, the money held in the trust account must be paid into the Crown Bank Account in accordance with any directions of the Secretary to the Treasury. Human Rights Act 1993 compliance
49: Constitution
The principal Act is amended by repealing section 249(5)(a) New Zealand Qualifications Authority
50: Definitions
Section 246 secondary school section 2
51: Functions of Authority
1: Section 253(1)(e) institutions , secondary schools,
2: Section 253(1)(f) institutions , secondary schools,
3: Section 253(1)
g: to assist overseas governments, and agencies of those governments, by—
i: conducting examinations and assessments:
ii: approving programmes and courses of study:
iii: accrediting providers to deliver programmes and courses of study:
iv: assisting governments and agencies to develop and conduct examinations, and to develop and confer awards:
52: General powers of Authority
Section 254
5: The Authority may delegate its power to consent to the award of a qualification described as a degree to any body referred to in section 260(2)
a: subsections (3) and (4), and section 264
b: the Authority may revoke any such delegation.
53: Approval of courses
1: Section 258
1A: In this section, institution
2: Section 258(2) , government training establishment, or registered establishment
3: The principal Act is amended by repealing section 258(8)
8: If the Authority considers that there may be grounds for withdrawing an approval for a course from an institution, the Authority must give written notice to the governing body of the institution—
a: setting out the grounds on which the Authority is considering withdrawing the approval; and
b: giving the governing body of the institution a reasonable period within which to make submissions on the matter.
4: Section 258(9) Council or
54: Accreditation of institutions or private training establishments as providers of approved courses
1: The heading to section 259 of institutions or private training establishments as providers of to provide
2: Section 259
1A: In this section, institution
3: Subsection (2) of section 259 of the principal Act , government training establishment, or a registered establishment
4: Subsection (3) of section 259 of the principal Act government training establishment, or registered establishment
5: The principal Act is amended by repealing section 259(5)
5: If the Authority considers that there may be grounds for withdrawing an accreditation from an institution, the Authority must give written notice to the governing body of the institution—
a: setting out the grounds on which the Authority is considering withdrawing the approval; and
b: giving the governing body of the institution a reasonable period within which to make submissions on the matter.
6: Section 259(6) Council or
55: Applications for consents by Authority
1: The principal Act is amended by repealing section 264(1)(a)
2: Section 264(2) subsection (3) of this section and
3: The principal Act is amended by repealing section 264(3)
56: New section 264A inserted
The principal Act is amended by inserting, after section 264
264A: Minister may consent to registered establishments using certain terms in their names
1: A registered establishment may apply to the Minister for consent to use the term university college of education polytechnic institute of technology
2: Before deciding whether to give consent under subsection (1), the Minister must—
a: take into account the characteristics of institutions as described in section 162(4)
b: receive advice on the application from the Authority; and
c: consult with the institutions, organisations representing institutions, and other relevant bodies that the Minister considers appropriate.
3: In deciding whether to give consent under subsection (1) to the use of the term institute of technology
57: Offences
1: The principal Act is amended by repealing paragraph (a) of section 292(4)
a: except with the consent of the Minister, use of any of the following terms to describe an educational establishment or facility other than an institution:
i: university:
ii: college of education:
iii: polytechnic:
iv: institute of technology: or
2: Section 292(4)(b) Authority or body subject to a delegation under section 254(5) Human Rights Act 1993 compliance
58: Student Allowance Appeal Authority
Section 304(3) disability inability to adequately perform the duties of office Student loan information matching
59: New section 307C inserted
The principal Act is amended by inserting in Part 25 section 307B
307C: Ministry may carry out information matching of student loan information
1: This section applies for the purposes of enabling the following to be verified:
a: a borrower's entitlement to a full interest write-off under sections 38A and 38B of the Student Loan Scheme Act 1992
b: whether or not information has been exchanged under section 85D of the Tax Administration Act 1994
2: When this section applies, the Commissioner of Inland Revenue may—
a: request the Ministry to carry out an information comparison under subsection (3) in order to provide the details sought by the Commissioner; and
b: for the purpose of enabling the comparison to be made, provide the Ministry with information referred to in section 85D(3) of the Tax Administration Act 1994
3: On receiving a request and information from the Commissioner under this section, the Secretary must, as soon as practicable,—
a: cause the information provided by the Commissioner to be compared with information referred to in section 85D(3) of the Tax Administration Act 1994
b: provide to the Commissioner the details that the Ministry is able to ascertain.
4: In this section, Ministry section 2(1) Teacher registration
60: New sections 315 to 315AB substituted
The principal Act is amended by repealing section 315
315: Police vetting of non-teaching and unregistered employees at early childhood services
1: Before appointing a person who is not a registered teacher or holder of a limited authority to teach to a permanent position at an early childhood service, the management of the service must obtain a police vet of the person from the New Zealand Teachers Council.
2: The management of every early childhood service must apply to the New Zealand Teachers Council for a police vet of every person who is employed by the management but is not a registered teacher or holder of a limited authority to teach—
a: within 2 weeks of first employing the person on a casual or temporary basis at the service:
b: in the case of a person employed at the service when this section comes into force, as required by the Teachers Council:
c: in the case of a person on whom a police vet has been conducted within the last 3 years, on or about the third anniversary of the previous police vet.
3: In this section, early childhood service section 120
315AA: Police vetting of contractors and their employees who work at early childhood services
1: The management of every early childhood service must apply to the New Zealand Teachers Council for a police vet of every contractor who regularly works at the service during normal opening hours—
a: within 2 weeks of the contractor first starting to work at the service:
b: in the case of a contractor working at the service when this section comes into force, as required by the Teachers Council:
c: in the case of a contractor on whom a police vet has been conducted within the last 3 years, on or about the third anniversary of the previous police vet.
2: In this section, contractor
a: a person who, under a contract (other than an employment contract), works at an early childhood service; and
b: a person employed by a person referred to in paragraph (a) who, in the course of that employment, works at an early childhood service.
315AB: Internal procedures relating to police vets
1: In this section, requester
2: Every requester must establish internal procedures for dealing with police vets that are received as a result of a request under section 315 or section 315AA
a: identify the person or office-holder within the requester to whom police vets must be sent by the Teachers Council; and
b: ensure that strict confidentiality is observed for police vets.
3: A requester may not take adverse action in relation to a person who is the subject of a police vet until—
a: the person has validated the information contained in the vet; or
b: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. Recognised education bodies
61: Recognised bodies to keep accounts
Section 322
2: The Minister and the Minister of Finance may jointly determine that section 203 section 321
3: Section 203
4: The Ministers may determine under subsection (2) that section 203
a: the body is likely to receive funding for a substantial period rather than a one-off grant for a short period; or
b: the body exists for a public purpose or a large amount of its work is of a public nature; or
c: the amount of money received by the body is so substantial either in total or as a proportion of the body's total income that the Ministers believe the body should be accountable to the Crown through section 203 Regulating school hostels
62: Interpretation
1: Section 323 Chief Review Officer hostel
2: Section 323 parent registered school section 2(1)
63: New sections 328E to 328H inserted
The principal Act is amended by inserting in Part 28, after section 328D Provisions concerning hostels
328E: Functions of Chief Review Officer
The Chief Review Officer—
a: may carry out reviews (which may be general or in relation to particular matters) of the provision of a safe physical and emotional environment that supports learning for students accommodated in hostels and must carry out those reviews when directed by the Minister to do so; and
b: must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
c: must give the Minister any other assistance and advice on the provision of a safe physical and emotional environment that supports learning for students accommodated at hostels that the Minister from time to time requires.
328F: Review officers
Review officers designated under section 326 section 328E sections 328G and 328H
328G: Powers of review officers for purposes of sections 328E to 328H
1: For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 328E
a: conduct inspections or inquiries:
b: require any person to produce documents or information relating to—
i: the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel; or
ii: the students accommodated in the hostel:
c: make copies or extracts of any documents and information referred to in paragraph (b):
d: require any person to make or provide statements, in any form and manner that is reasonable in the circumstances, about any matters relating to the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel:
e: meet and talk to any person who is accommodated at the hostel.
2: Nothing in this section confers on a review officer the power to enter any room or sleeping area of a student accommodated at the hostel unless—
a: the review officer believes on reasonable grounds that entry or inspection is necessary for the purpose of review; and
b: the review officer produces his or her certificate of designation to the student; and
c: the student is present during the inspection.
3: This section does not limit any other powers of a review officer under this Act.
328H: Review officers to prove identity before acting under section 328G
Every review officer who exercises any power under section 328G Human Rights Act 1993 compliance
64: Schedules amended
Schedules 2 3 15 16 17 18 disability inability to adequately perform the duties of office
2: Transitional and miscellaneous provisions, and consequential amendments
Transitional provisions relating to school planning and reporting
65: Transition to new planning regime
1: In this section,— new national administration guidelines section 60A(1)(c) section 12 old national administration guidelines section 60A(1)(c) section 12
2: The provisions of old national administration guidelines continue to have effect until replaced or superseded by new national administration guidelines.
66: Transition to new annual reporting requirements
1: In this section,— new section 87 section 23 old section 87 section 23
2: A Board must make its first annual report under new section 87
3: Until a Board's first annual report has to be made under new section 87 section 87 Transitional provision relating to intervention in poorly performing schools
67: Transitional arrangements for financial managers
1: This section applies to every person who, at the close of the day before the commencement of this section, is a financial manager appointed under section 81B
2: On the date of commencement of this section, a person to whom this section applies is deemed to be a limited statutory manager appointed under section 78M
a: that the person has and may exercise all the functions, powers, and duties of the Board that are necessary to enable him or her to manage the Board's financial management system; and
b: that no cheque drawn on the Board's accounts is valid unless signed by the person.
3: The conditions in a notice under subsection (2) may be amended under section 78M(6)
68: Transitional arrangements for commissioners
1: On the date of commencement of this section, a commissioner appointed under section 106 section 78N(3)
2: On the date of commencement of this section, a commissioner appointed under section 107 section 78N(2) Transitional provisions relating to teacher registration
69: Delayed application of teacher registration provisions
1: Part 31
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out 1 or more transition plans for bringing Kura Kaupapa Maori and early childhood services (as defined in section 348 Part 31
a: declaring specified early childhood services, or early childhood services of 1 or more specified types or descriptions, to be early childhood education and care services for the purpose of Part 31
b: setting a date or dates on which, or a period or periods within which, specified provisions of Part 31
i: Kura Kaupapa Maori, or persons employed in teaching positions at Kura Kaupapa Maori:
ii: early childhood services or persons employed in teaching positions at those early childhood services:
c: modifying the definition of teaching position section 348 services Section 69(1) amended 1 July 2015 section 43(2) Education Amendment Act 2015 Section 69(2) amended 1 July 2015 section 43(3) Education Amendment Act 2015 Section 69(2) amended 17 May 2006 section 56(1) Education Amendment Act 2006 Section 69(2)(a) amended 1 July 2015 section 43(3) Education Amendment Act 2015 Section 69(2)(b) amended 1 July 2015 section 43(3) Education Amendment Act 2015 Section 69(2)(b)(ii) substituted 17 May 2006 section 56(2) Education Amendment Act 2006 Section 69(2)(c) amended 1 July 2015 section 43(4) Education Amendment Act 2015 Section 69(2)(c) amended 17 May 2006 section 56(3) Education Amendment Act 2006 Transitional provisions relating to New Zealand Teachers Council
70: Interpretation
In this section and sections 71 to 76 Teachers Council Part 10A Teacher Registration Board section 131
71: Teacher Registration Board to be absorbed into Teachers Council
1: On the date of commencement of this section, the Teacher Registration Board ceases to exist and—
a: the term of every member of the Teacher Registration Board expires; and
b: the assets and liabilities of the Teacher Registration Board vest in the Teachers Council.
2: No member of the Teacher Registration Board is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: On and from the date of commencement of this section, every reference in an enactment (other than this Act), or in any instrument or register, to the Teacher Registration Board (or Registration Board) must, if the context requires, be construed as a reference to the Teachers Council.
4: An application for teacher registration, a practising certificate, or a limited authority to teach that was properly made before this section commences must be treated as if it were properly made under Part 10
72: Final annual report and final accounts
1: As soon as practicable after the commencement of this section, the Teachers Council must, unless the Teacher Registration Board has already done so, prepare and forward to the Minister an annual report on the operations of the Teacher Registration Board for the year ended 30 June 2001.
2: The annual report must include—
a: financial statements prepared in accordance with Part 5
b: the audit report and the statement of responsibility relating to those financial statements.
3: The Minister must present a copy of the annual report to the House of Representatives.
4: As soon as practicable after the commencement of this section, the Teachers Council must prepare and forward to the Auditor-General financial statements of the Teacher Registration Board to the end of the month preceeding the commencement of this section.
73: Transfer of employees
1: Every person who is employed by the Teacher Registration Board immediately before the date of commencement of this Act transfers to the Teachers Council on that date of commencement.
2: The transfer of an employee by this section is subject to any relevant transfer provisions in the employment agreement or contract applying to that employee.
3: For the purpose of any provisions of a transferred employee's employment agreement or contract relating to continuity of service, the employee's transfer to the Teachers Council is insufficient by itself to break his or her employment.
74: 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 Teachers Council.
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 Teachers Council; but
b: does not apply to a transferred employee who, after the transfer, receives any subsequent appointment within the Teachers Council.
75: 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 the person has ceased to be an employee of the Teacher Registration Board as a result of his or her transfer to the Teachers Council.
76: Delayed application of certain provisions relating to Teachers Council
1: The Teachers Council must give notice in the Gazette
2: Until the date on which the first elected members take office, the Teachers Council may not—
a: exercise its functions under section 139AE(g), (h), (i) or (j)
b: prepare a code of ethics under section 139AI
c: make the rules referred to in section 139AJ(1)(b) to (e)
3: After the date on which the elected members take office, the Teachers Council may do any of the things specified in subsection (2), except exercise its functions under section 139AE(h)
4: The Teachers Council must advise the Minister when it has made rules under section 139AJ(1)(b) to (e)
5: The Governor-General must make an Order in Council bringing the following provisions into force as soon as practicable after the date on which the Teachers Council advises the Minister that it has made rules under section 139AJ(1)(b) to (e)
a: section 29 section 129 section 32 section 130G
b: sections 35 36
c: sections 139AK to 139AZB section 37
d: section 139AZC section 37
6: On and from the date on which the provisions listed in subsection (5) come into force, the Teachers Council may exercise its functions under section 139AE(h)
77: Transitional provision relating to inquiries
1: Until the disciplinary bodies of the Teachers Council are established, the Teachers Council may continue or commence, and may complete,—
a: any inquiries into notifications received under sections 138A 138B
b: any inquiry in connection with the possible deregistration of a teacher under section 129 section 130G
2: Before the disciplinary bodies are established, when doing any of the things described in subsection (1), the Teachers Council must (as far as reasonably practicable) follow the procedures, and apply the standards, that were used by the Teacher Registration Board for those purposes.
3: After the disciplinary bodies of the Teachers Council are established, those bodies must deal with any matter arising under any of sections 139AK to 139AP section 139AR section 139AZC
4: However, in relation to an inquiry referred to in subsection (1) that is incomplete on the date when the disciplinary bodies are established,—
a: the Teachers Council must continue and complete the inquiry in the manner described in subsection (2); or
b: with the agreement in writing (which is not revocable) of the teacher or authorised person concerned, the matter may be continued and completed by the disciplinary bodies in accordance with the relevant rules, as if the matter arose under the relevant equivalent provision specified in subsection (3). Transitional provision relating to pastoral care of international students
78: Transitional provisions relating to code
1: This section applies to providers that enrol international students.
2: Until the close of 6 months after the date the code takes effect, a provider may enrol persons as international students and continue to have international students enrolled even though the provider is not a signatory to the code.
3: At the close of the period stated in subsection (2), the authority conferred by subsection (2) lapses.
4: This section applies despite the provisions of section 238E
5: Terms used in this section and defined in section 238D Financial reporting by schools
79: Public Finance Act 1989 amended
1: The Public Finance Act 1989 section 41A
41A: Special provisions in relation to annual financial statements of school Board of Trustees
Instead of preparing the statements referred to in section 41(2) Part 9 of the Education Act 1989 section 87(3) of the Education Act 1989
2: Section 44B(1) of the Public Finance Act 1989 the 30th day of June 30 September
3: Schedule 5 Part 9 Human Rights Act 1993 compliance
80: Royal New Zealand Foundation for the Blind Act 1963 amended
Section 32(1)(g) of the Royal New Zealand Foundation for the Blind Act 1963 wife, widow spouse, de facto partner
81: Pacific Islands Polynesian Education Foundation Act 1972 amended
Section 8(6) disability inability to adequately perform the duties of office Consequential amendments
82: Consequential amendments to principal Act
1: The principal Act is consequentially amended in the manner indicated in Schedule 2
2: The principal Act is further consequentially amended in the manner indicated in Schedule 3
83: Consequential amendments to other Acts
The enactments in Schedule 4 Validation
84: Validation of accommodation grant payments to Te Kohanga Reo National Trust Board
1: This section applies to the payments made by the Crown to Te Kohanga Reo National Trust Board that—
a: were capital accommodation grants under section 309(1)(a)(ii)
b: were advanced to the constituent kohanga reo by way of loans.
2: The payments to which this section applies are validated and are to be treated for all purposes as if they were capital accommodation grants made in accordance with section 309 Specialist Education Services
85: Interpretation
1: In sections 86 to 97 assets section 216 collective agreement effective date employment agreement
a: has the same meaning as in section 5
b: to avoid doubt, includes an employment contract that took effect before the commencement of that Act and covers the transferred employee's employment with the Specialist Education Services Board liabilities section 216 Ministry rights section 216 Secretary transferred employee section 88
2: The Governor-General may, by Order in Council, appoint an effective date for the purposes of this section and sections 86 to 97
86: Specialist Education Services Board abolished and undertaking transferred on effective date
1: On the effective date,—
a: the Specialist Education Services Board ceases to exist; and
b: all assets, liabilities, and rights of the Specialist Education Services Board, by virtue of this section, become those of the Crown.
2: On the effective date, Part 4 Schedule 2
3: On the effective date, the following enactments are consequentially repealed:
a: section 13(1)
b: sections 3 4
c: sections 14 15 the heading above section 14 of the Education Amendment Act (No 2) 1998
87: Effect of reorganisation on employees
Despite section 95
88: Transfer of employees
1: An employee of the Specialist Education Services Board transfers to the Ministry under this section if—
a: his or her position ceases to exist as a result of the transfer of the functions of the Board to the Ministry; and
b: the Secretary agrees to his or her transfer under this section; and
c: he or she is appointed to a position in the Ministry, whether before or on the effective date.
2: Nothing in sections 60 61 65
3: The transfer of the employee under this section is subject to any relevant provisions of the employee's employment agreement (but this subsection does not limit the operation of sections 89 to 92
89: Application of employment agreements of transferred employees
1: Unless a transferred employee's employment agreement otherwise provides, and subject to subsection (2), the transferred employee's employment agreement continues to apply to that employee, on and from the date that the employee transfers to the Ministry, on the same terms and conditions (including the period of the agreement)—
a: as if it were an agreement that had been made in respect of the Ministry; and
b: as if it were binding on both that employee and on the Secretary, and on any other party to that agreement.
2: If there is a change to an employee's duties or location arising out of his or her transfer to the Ministry, the conditions of employment of that employee may be varied by agreement to reflect that change, but the conditions of employment (as so varied) must be no less favourable than those that the employee was entitled to receive under the employment agreement that applied to the employee at the date of the transfer.
3: Subsections (1) and (2) continue to apply to the conditions of employment of each transferred employee to whom this section applies until the time that any of the conditions of employment that apply under the employment agreement applying to that employee at the date of the transfer are subsequently varied (otherwise than for the purpose referred to in subsection (2)).
4: The conditions of employment of each such transferred employee must, on and from the date of any subsequent variation to which subsection (3) applies, be determined in accordance with the employment agreement that applies to that employee in the Ministry.
5: Nothing in subsection (1) or subsection (2) continues to apply to any transferred employee who receives any subsequent appointment, whether within the Ministry or any other department.
90: Application of collective agreements of transferred employees
1: This section limits the employees who may be bound by a collective agreement that binds the chief executive of the Specialist Education Services Board before the effective date and, as a consequence of sections 86 95
2: After the effective date, the only employees of the Ministry who are entitled to be bound by or enforce that collective agreement are transferred employees who are appointed to a position in the Ministry that has been established (whether or not previously existing in the Ministry) to enable the Ministry to perform the functions of the Specialist Education Services Board.
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: Sections 62 64
5: This section limits the employees who may be bound by a collective agreement and the coverage of that agreement under Part 6 sections 56(1) 57 63(3) 243
6: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
91: Employment of transferred employees continuous
For the purposes of any provisions of a transferred employee's employment agreement relating to continuity of service, that employee's transfer from the Specialist Education Services Board to the Ministry is insufficient by itself to break his or her employment.
92: Restriction of compensation for technical redundancy for transferred employees
An employee of the Specialist Education Services Board who transfers to the Ministry under section 88
93: Restriction of compensation for technical redundancy for other employees
1: This section applies to an employee of the Specialist Education Services Board who is not transferred to the Ministry under section 88
2: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Specialist Education Services Board has ceased to exist if—
a: the position ceases to exist as a result of the transfer of the functions of the Board to the Ministry; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in the Ministry (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the Ministry.
3: Equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Specialist Education Services Board (or any other period of service recognised by that Board as continuous service) as if it were continuous service with the Ministry.
94: Consequential amendments to other enactments
On the effective date,—
a: Schedule 1
b: Schedule 1 Part 2
c: Schedules 4 5 6 7
d: the Education (Change of Name of Education Entities) Order 2000 clause 3(4)
95: Consequential changes to other references
1: If any other enactment or other thing refers to the Specialist Education Services Board (or to the Special Education Service Board) and that reference is no longer appropriate because the Board has been abolished, the reference must be read as a reference to the Ministry.
2: If any other enactment or other thing refers to the chief executive of the Specialist Education Services Board (or of the Special Education Service Board) and that reference is no longer appropriate because the Board has been abolished, the reference must be read as a reference to the Secretary.
96: Application of consequential changes to references
1: Section 95
a: applies to things that are in force or existing on the effective date (whether coming into force, entered into, or created before or after the commencement of this section); and
b: applies to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: Section 95 sections 87 89
97: Effect of reorganisation
1: On and from the effective date, anything done or omitted to be done by, or in relation to, the Specialist Education Services Board must be treated as having been done or omitted by, or in relation to, the Crown.
2: The abolition of the Specialist Education Services Board and the transfer of its undertaking and functions to the Crown does not affect—
a: the assets, liabilities, or rights of the Crown or the Board (other than by transferring them); or
b: the commencement or continuation of proceedings by or against the Board; those proceedings may instead be commenced or continued by or against the Crown.
3: If a transfer of an asset or liability under section 86
4: Subsection (2) does not limit sections 86 to 96 |
DLM92214 | 2001 | Commerce Amendment Act 2001 | 1: Title
1: This Act is the Commerce Amendment Act 2001.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
1: This Act (except sections 6 15
2: Sections 6 15 Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
1: Amendments to certain existing preliminary provisions
3: Title repealed
The Title of the principal Act is repealed.
4: New
section 1A The principal Act is amended by inserting, after section 1
1A: Purpose
The purpose of this Act is to promote competition in markets for the long-term benefit of consumers within New Zealand.
5: Interpretation
Section 2(1) accounting period section 2(1) of the Financial Reporting Act 1993 Commissioner section 9(3A) Minister turnover .
6: Membership of Commission
1: Section 9 subsection (1)
1: The Commission must consist of not less than 6 and not more than 8 members, of whom at least 3 must be barristers or solicitors of at least 5 years' standing.
2: Section 9 subsection (3)
3A: Two members, both of whom must be barristers or solicitors, must be appointed for the sole purpose of hearing and determining applications for cease and desist orders in accordance with sections 74A to 74C
3B: No member appointed under subsection (3A) Subsection (1) substituted 20 December 2001 158 Telecommunications Act 2001 Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
2: Amendments relating to certain anti-competitive conduct and authorisations
7: Contracts, arrangements, or understandings containing exclusionary provisions prohibited
1: Section 29(1) For Subject to subsection (1A)
2: Section 29 subsection (1)
1A: A provision of a contract, an arrangement, or an understanding that would, but for this subsection, be an exclusionary provision under subsection (1)
3: Section 29(2) of this section and (c)
8: Repeal of
section 35 Section 35
9: New heading and
sections 36 to 36B
1: The principal Act is amended by repealing the heading before section 36 36 36A Taking advantage of market power
36: Taking advantage of market power
1: Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part V
2: A person that has a substantial degree of power in a market must not take advantage of that power for the purpose of—
a: restricting the entry of a person into that or any other market; or
b: preventing or deterring a person from engaging in competitive conduct in that or any other market; or
c: eliminating a person from that or any other market.
3: For the purposes of this section, a person does not take advantage of a substantial degree of power in a market by reason only that the person seeks to enforce a statutory intellectual property right, within the meaning of section 45(2)
4: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected.
36A: Taking advantage of market power in trans-Tasman markets
1: Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part V
2: A person must not, for any of the purposes specified in subsection (3)
a: in a market; or
b: in a market in Australia; or
c: in a market in New Zealand and Australia.
3: The purposes are as follows:
a: restricting the entry of a person into a market that is not a market exclusively for services:
b: preventing or deterring a person from engaging in competitive conduct in a market that is not a market exclusively for services:
c: eliminating a person from a market that is not a market exclusively for services.
4: For the purposes of this section, a person does not take advantage of a substantial degree of power in a market by reason only that the person seeks to enforce—
a: a statutory intellectual property right, within the meaning of section 45(2)
b: a statutory intellectual property right in Australia.
5: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected.
36B: Purposes may be inferred
The existence of any of the purposes specified in section 36 or section 36A
2: Section 2(1A) section sections 36, 36A
3: Section 3(1A) to (1C) (1) (2)
4: Section 3(8)
10: Other exceptions
1: Section 44(1) paragraph (b)
2: Section 44 subsection (1)
1A: Nothing in this Part (except sections 36 and 36A
a: the entering into of a contract or arrangement, or arriving at an understanding, or the giving or requiring the giving of a covenant, if the only parties, or (in the case of a covenant or proposed covenant) the only persons who are or would be respectively bound by, or entitled to the benefit of, the covenant or proposed covenant, are, or would be, interconnected bodies corporate:
b: any act done to give effect to a provision of a contract, arrangement, or understanding, or to a covenant referred to in paragraph (a)
11: New
section 47
1: The principal Act is amended by repealing section 47
47: Certain acquisitions prohibited
1: A person must not acquire assets of a business or shares if the acquisition would have, or would be likely to have, the effect of substantially lessening competition in a market.
2: For the purposes of this section, a reference to a person includes 2 or more persons that are interconnected or associated.
3: For the purposes of this section, a person is associated with another person if that person is able, whether directly or indirectly, to exert a substantial degree of influence over the activities of the other.
4: A person is not able to exert a substantial degree of influence over the activities of another person for the purposes of subsection (3)
a: those persons are in competition in the same market; or
b: 1 of them supplies goods or services to the other. Trade Practices Act 1974 s 50
2: Sections 66(3)(a) (b) 67(3)(a) result in an effect described in paragraph (a) or paragraph (b) of section 47(1) of this Act have, or would be likely to have, the effect of substantially lessening competition in a market
3: Sections 3(9) 48
12: New
Part 4 The principal Act is amended by repealing Part 4
IV: Controlled goods or services
Imposition of control
52: When control may be imposed
Goods or services may be controlled if—
a: the goods or services are, or will be, supplied or acquired in a market in which competition is limited or is likely to be lessened; and
b: it is necessary or desirable for those goods or services to be controlled either—
i: in the interests of persons acquiring the goods or services (whether directly or indirectly), if the goods or services are acquired from a person who faces limited or lessened competition for the supply of those goods or services; or
ii: in the interests of suppliers, if the goods or services are supplied to a person who faces limited or lessened competition for the acquisition of those goods or services.
53: How control can be imposed
1: Goods or services are controlled if an Order in Council declares that they are controlled.
2: The Governor-General may make an order on the recommendation of the Minister.
3: The Minister must not make a recommendation unless the Minister is satisfied that the goods or services may be controlled under section 52
4: The Minister may make a recommendation on his or her own initiative or following a report from the Commission.
54: Minister may seek advice from Commission as to thresholds for imposing controls
1: The Minister may require the Commission to advise him or her on the thresholds that would assist him or her in assessing whether goods or services should be controlled under section 52
2: Thresholds can be expressed in quantitative or qualitative terms.
3: If the Minister requires advice on thresholds under this section,—
a: the requirement must be in writing; and
b: the requirement must specify the date by which the Commission must provide the advice; and
c: the Commission must advise accordingly.
4: The Minister must publish the Commission's advice in a manner that he or she considers appropriate.
55: Effect of control being imposed
1: No person may supply any controlled goods or services unless—
a: an authorisation under section 70 or section 71 section 72
b: the goods or services are supplied in compliance with the authorisation or undertaking.
2: A provision of a contract or a covenant that contravenes subsection (1) Miscellaneous provisions
56: Reports from Commission to Minister about controls
1: The Commission may report to the Minister on whether or not an Order in Council under section 53
2: The Commission may have regard, in considering a report, to all matters it considers necessary or desirable.
3: The Commission may report at any time on its own initiative or following a request from the Minister.
4: If the Minister requests a report,—
a: the request must be in writing; and
b: the request must specify the date by which the Commission must report; and
c: the Commission must report accordingly.
5: The Minister must publish the Commission's report in a manner that he or she considers appropriate.
6: Section 70E
57: Commission process
1: Before giving any advice to the Minister on thresholds under section 54 section 56
a: publish its intention to do so and invite interested persons to give their views on the matter; and
b: give a reasonable opportunity to interested persons to give those views; and
c: have regard to those views.
2: The notice of intention must—
a: be published in the Gazette
b: specify the matter to which the advice or report will relate; and
c: invite interested persons to give their views on that matter to the Commission, and specify the time and manner within which they may do so.
57A: Technical provisions relating to declaration of control
1: An Order in Council made under section 53
a: by a description of the goods or services; or
b: by a description of the kind or class to which the goods or services belong.
2: The order may apply to goods or, with all necessary modifications, to services—
a: supplied in or for delivery within specified regions, areas, or localities in New Zealand:
b: supplied in different quantities, qualities, grades, or classes:
c: supplied by or to or for the use of different persons or classes of persons.
3: This section applies so that any part or element of goods or services can be dealt with separately.
4: The order must specify the date on which it expires.
5: If an order is made in the interests of suppliers, references in this Act to supply supplier
6: The order is a regulation within the meaning of the Regulations (Disallowance) Act 1989
57B: Records to be kept for control purposes
1: Every supplier of controlled goods or services must retain the accounts and costing records in relation to the controlled goods or services that the Commission may from time to time specify, either in relation to suppliers of those goods or services generally, or in relation to a particular supplier of the goods or services.
2: The supplier must retain those accounts and records for a period of 7 years from the date on which the goods or services to which they relate cease to be controlled goods or services.
57C: Other Acts relating to price control not affected
Nothing in this Part and Part V
13: New
sections 59 to 59B The principal Act is amended by repealing section 59
59: Contracts or covenants subject to authorisation not prohibited under certain conditions
1: Despite anything in this Act, but subject to section 59B
a: a contract to which section 27 or section 29 subsection (2)
b: a covenant to which section 28 subsection (2)
2: For the purposes of subsection (1)
a: in the case of a contract to which section 27 or section 29
b: in the case of a covenant to which section 28
59A: When Commission may grant authorisation
1: The Commission may grant an authorisation to a person—
a: to enter into a contract or arrangement, or to arrive at an understanding, even though the contract or arrangement has been entered into, or the understanding has been arrived at, before the Commission makes a determination in respect of the application for that authorisation; or
b: to give effect to a provision of a contract or arrangement entered into, or an understanding arrived at, even though the applicant has already given, or is already giving, effect to the provision before the Commission makes a determination in respect of the application for that authorisation; or
c: to require the giving of, or to give, a covenant even though the covenant has been given before the Commission makes a determination in respect of the application for that authorisation; or
d: to do an act or engage in conduct referred to in section 37 or section 38
2: Subject to subsection (3)
a: giving effect to the provision of the contract, arrangement, or understanding:
b: engaging in conduct referred to in section 37 or section 38
3: The parties to the contract, arrangement, or understanding may do any of the things set out in subsection (2)
59B: Contraventions not prevented by granting of authorisation under
section 59 or section 59A Nothing in section 59 or section 59A
14: New heading and
sections 70 to 74 The principal Act is amended by repealing the heading before section 70 70 to 74 Authorisations in respect of controlled goods or services
70: Authorisations in respect of prices, revenues, and quality standards
1: The Commission may make an authorisation in respect of all or any component of the prices, revenues, or quality standards that apply in respect of the supply of controlled goods or services, using whatever approach it considers appropriate.
2: The approach may include the use of formulas or other methods from which prices or revenues, or any part of a price or revenue, may be determined.
3: Different authorisations in respect of prices, revenues, or quality standards for controlled goods or services may be made to meet different circumstances relating to the supply of those goods or services.
4: Section 57A(1) to (3)
70A: Considerations to be observed by Commission
In exercising its powers under section 70
a: the extent to which competition is limited or is likely to be lessened in respect of the controlled goods or services:
b: the necessity or desirability of safeguarding the interests of persons who acquire (whether directly or indirectly) or supply the controlled goods or services:
c: the promotion of efficiency in the production and supply or acquisition of the controlled goods or services.
70B: Procedure for making authorisations
1: An authorisation under section 70
a: on application by a supplier of controlled goods or services; or
b: by the Commission on its own initiative.
2: Section 60 subsections (3) and (6) section 58
3: The Commission must have regard to any submissions made to it by the supplier or any acquirer of the goods or services.
4: The Commission must give a copy of the authorisation to the supplier of the goods or services.
5: The authorisation must include the Commission's reasons for making the authorisation.
6: The Commission must publicise the fact that it has given an authorisation, and details of where the authorisation may be found, in the Gazette
70C: Remedies and penalties if overcharging or quality standards breached
1: The Commission may impose, as part of an authorisation, provisions providing for remedies and penalties that apply if—
a: the prices determined by the Commission in an authorisation are lower than any price charged to any person under a provisional authorisation:
b: higher prices are charged, or higher revenues are derived, than those allowed for in an authorisation:
c: quality standards are breached.
2: The remedies and penalties may include—
a: the payment of refunds, specified amounts, and compensation to persons acquiring or supplying the goods or services; or
b: the making of deductions from the prices charged in the future to persons acquiring the goods or services.
3: The remedies and penalties set by the Commission must be reasonable, taking into account the matters in section 70A
4: The Commission may require the supplier to ensure that, to the extent practicable, the persons who have been affected by the higher prices or revenues or breach of quality standards receive the benefit of the remedies and penalties.
5: Subsection (4)
6: The Commission has the necessary powers to monitor and enforce a requirement under this section.
7: Section 86 section 55
70D: Terms of authorisations
1: An authorisation granted by the Commission under section 70
2: For the purpose of informing acquirers and prospective acquirers of the effect of an authorisation, the Commission may require the supplier of those goods or services to communicate to acquirers the terms of an authorisation, in a manner and in the circumstances that the Commission thinks fit.
3: Section 70C
70E: Investigations and audits
1: The purpose of this section is to enable the Commission to gather information on which to make, administer, amend, or revoke authorisations in respect of controlled goods or services.
2: The Commission may—
a: consult with any persons the Commission considers may assist it:
b: conduct any investigations or audits—
i: of how effectively and efficiently a supplier of controlled goods or services is supplying those goods or services:
ii: of how any formula being considered by the Commission may be applied, or how any formula authorised by the Commission has been applied, in determining prices, revenues, or quality standards:
iii: of how any conditions related to the quality of any controlled goods or services may be, or are being, fulfilled:
c: as part of an investigation or audit, examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that occurred during the 7 years before the investigation or audit:
d: by notice in writing, require the supplier of the goods or services—
i: to prepare and produce forecasts, forward plans, or other information:
ii: to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
e: by notice in writing, require the supplier of the goods or services, or any previous supplier of the goods or services whom the Commission has reason to believe may have information or documents relevant to an investigation or audit, at the time and place specified in the notice,—
i: to produce or supply to the Commission documents and information in relation to those goods or services, or the prices, revenues, or operations of that person in respect of those goods or services:
ii: to answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation or audit:
f: by notice in writing, require the supplier of the goods or services, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraphs (b), (c), or (e)(i)
3: A person is not excused from answering a question or giving any information or document under this section on the ground that to do so may incriminate or tend to incriminate that person.
4: Despite section 79 section 103
5: The powers of the Commission under this section—
a: do not limit its other powers under this Act; and
b: do not, in their specificity, limit the generality of the other powers under this Act.
70F: Revocation and amendment of authorisations
1: An authorisation made under section 70 Gazette
2: The Commission must, as soon as practicable, send a copy of a notice of revocation or amendment of an authorisation to the supplier of the goods or services.
71: Provisional authorisations
1: The Commission may authorise the supply of controlled goods or services to any person on terms determined by the Commission and specified in the notice, on the condition that the terms are only a provisional authorisation, pending the making of a final determination under section 70
2: The provisions of this Act (except section 70A section 70
72: Alternative undertakings
1: The Commission may, instead of making an authorisation in respect of controlled goods or services, obtain or accept a written undertaking from the supplier of those goods or services in relation to those goods or services.
2: Subsection (1)
3: Sections 70A, 70E, and 70F section 70C section 70
73: Conferences in relation to authorisations about controlled goods or services
1: The Commission may determine to hold a conference before making an authorisation, or obtaining or accepting an undertaking, in respect of any controlled goods or services, and—
a: must appoint a date, time, and place for the holding of the conference; and
b: must give notice of the date, time, and place, and of the matters to be considered at the conference, to the supplier.
2: Section 64
a: the reference in that section to a conference called under section 62
b: the reference in section 64(1)(b) section 62(2)
c: the reference in section 64(6)
74: Levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring 1 or more suppliers of goods or services that are controlled under Part IV
2: The order must specify the amounts of the levy or the method by which the levy is to be calculated.
3: The Minister must calculate the amount of the levy to be paid so as to ensure that the estimated costs to the Commission of administering Part IV and sections 70 to 74 Part IV
4: Every supplier of controlled goods or services must pay any levy so required.
5: The Minister must consult with the suppliers of controlled goods or services, or representatives of those suppliers, before making a recommendation.
6: The Minister may refund, in whole or in part, payment of any levy paid by any 1 or more suppliers under this section.
7: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Crown.
3: Amendments relating to enforcement and remedies, and miscellaneous provisions
15: New heading and
sections 74A to 74D
1: The principal Act is amended by inserting, immediately before the heading above section 75 Cease and desist orders
74A: Commissioner may make cease and desist orders
1: A Commissioner may make a cease and desist order, by consent or following a hearing held under section 74C
a: a prima facie case has been made out that a person has engaged in any conduct referred to in section 80(1) or section 83(1)
b: it is necessary to act urgently—
i: to prevent a particular person or consumers from suffering serious loss or damage:
ii: in the interests of the public.
2: Subject to subsection (3)(a)
3: A cease and desist order made under subsection (1)
a: may require a person to do something only if the Commissioner is satisfied that restraining the person from engaging in the conduct will not restore competition, or the potential for competition, in a market:
b: must be in writing with the facts and reasons for it clearly set out:
c: is deemed to be a determination of the Commission that is subject to appeal in accordance with sections 91 to 97
74B: Investigation, notice, and opportunity to be heard
A cease and desist order may be made under section 74A
a: an investigation has been conducted into the alleged contravention of this Act and a report has been submitted to the Commission recommending that a cease and desist order be sought; and
b: the Commission agrees with the recommendation in the report and directs an officer of the Commission to make an application for a cease and desist order; and
c: the person against whom an order is sought is served with notice in writing of the following matters:
i: the nature of the alleged contravention:
ii: the terms of the proposed order:
iii: the reasons for the order; and
d: the person against whom an order is sought has an opportunity to—
i: access the relevant information held by the Commission:
ii: make a written submission:
iii: consent to the terms of the proposed order or have the matter determined by a Commissioner following a hearing.
74C: Procedure at cease and desist hearing
At every hearing for a cease and desist order, the Commissioner presiding over the hearing—
a: must provide for as little formality and technicality as the requirements of this Act and a proper consideration of the matter permits:
b: must permit the Commission and the person against whom an order is sought to appear and give evidence, to be represented by counsel, to call witnesses, and to cross-examine witnesses:
c: has the necessary incidental powers in relation to the hearing of evidence, including the power to exclude irrelevant or repetitive evidence and the powers set out in sections 99 and 100
74D: Pecuniary penalties for contravention of cease and desist order
1: If the Court is satisfied on the application of the Commission that a person has acted in contravention of an order made under section 74A
2: The amount of any pecuniary penalty must not exceed $500,000.
3: The standard of proof in proceedings under this section is the standard of proof applying in civil proceedings.
4: In any proceedings under this section, the Commission, upon the order of the Court, may obtain discovery and administer interrogatories.
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
2: Section 92
f: in the case of an appeal against a determination of a Commissioner under section 74A Sections 6 15 brought into force 1 April 2002 2 Commerce Amendment Act 2001 Commencement Order 2002
16: Jurisdiction of High Court
1: Section 75(1) paragraph (a)
aa: applications for orders under section 74D .
2: Section 75(1)
f: applications for orders under section 80B or section 80C
g: proceedings for offences against section 80E
h: applications for orders under section 82A
17: Pecuniary penalties
1: Section 80(1) appropriate
2: Section 80 subsection (2)
2: The Court must order an individual who has engaged in any conduct referred to in subsection (1)
2A: In determining an appropriate penalty under this section, the Court must have regard to all relevant matters, in particular,—
a: any exemplary damages awarded under section 82A
b: in the case of a body corporate, the nature and extent of any commercial gain.
2B: The amount of any pecuniary penalty must not, in respect of each act or omission, exceed,—
a: in the case of an individual, $500,000; or
b: in the case of a body corporate, the greater of—
i: $10,000,000; or
ii: either—
A: if it can be readily ascertained and if the Court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
B: if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
3: Section 80 subsection (5)
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
18: New
sections 80A to 80E The principal Act is amended by inserting, after section 80
80A: Body corporate not to indemnify certain persons in respect of pecuniary penalties
1: A body corporate must not indemnify a director, servant, or agent of the body corporate or an interconnected body corporate in respect of—
a: liability for payment of a pecuniary penalty under section 80 section 30
b: costs incurred by that director, servant, or agent in defending or settling any proceeding relating to that liability.
2: An indemnity given in contravention of subsection (1)
3: In this section,— agent director indemnify indemnity servant
80B: Pecuniary penalties for contravention of
section 80A
1: If the Court is satisfied on the application of the Commission that a body corporate has acted in contravention of section 80A
2: The amount of any pecuniary penalty must not, in respect of each act or omission, exceed 2 times the value of any indemnity given in contravention of section 80A
3: The standard of proof in proceedings under this section is the standard of proof applying in civil proceedings.
4: In any proceedings under this section, the Commission, upon the order of the Court, may obtain discovery and administer interrogatories.
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.
80C: Court may order certain persons to be excluded from management of body corporate
The Court may make an order that a person must not, without the leave of the Court, be a director or promoter of, or in any way, either directly or indirectly, be concerned or take part in the management of, a body corporate for a period not exceeding 5 years as may be specified in the order, if the Court is satisfied on the application of the Commission that—
a: the person has entered into a contract or arrangement, or arrived at an understanding, containing a provision that is deemed by section 30(1)
b: the person has given effect to a provision of a contract, arrangement, or understanding that is deemed by section 30(1)
c: the person has entered into a contract or arrangement, or arrived at an understanding, that contains an exclusionary provision:
d: the person has given effect to an exclusionary provision of a contract, arrangement, or understanding.
80D: Application for order under
section 80C
1: The Commission must give not less than 10 days' notice of its intention to apply for an order under section 80C
2: On the hearing of the Commission's application or an application for leave by a person against whom an order under section 80C
a: the Commission must appear and call the attention of the Court to any matter that seems to it to be relevant, and may give evidence or call witnesses; and
b: the person against whom the order is sought or has been made may appear and give evidence or call witnesses.
3: The Registrar of the Court must, as soon as practicable after the making of an order under section 80C
a: the person against whom the order has been made; and
b: the Registrar of Companies, and the Registrar of Companies must give notice in the Gazette
80E: Offence to act in contravention of order made under
section 80C
1: Every person commits an offence who acts in contravention of an order made under section 80C
2: A person who commits an offence against subsection (1)
3: The offence is triable on indictment.
19: Actions for damages for contravention of
Part 2 Section 82 subsection (2)
2: An action under subsection (1) subsection (1)
20: New
section 82A The principal Act is amended by inserting, after section 82
82A: Exemplary damages for contravention of
Part II
1: The Court may order a person who has engaged in any conduct referred to in section 82(1) section 80
2: In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the Court must have regard to—
a: whether a pecuniary penalty has been imposed on the defendant for a contravention involving the conduct concerned in the claim for exemplary damages; and
b: if so, the amount of the pecuniary penalty.
21: Contravention of
section 55 Section 86(1)
a: by omitting from paragraph (a) $10,000 $50,000
b: by omitting from paragraph (b) $30,000 $500,000
22: General provisions relating to granting of injunctions
Section 88 subsection (3A)
3A: In determining whether to grant an interim injunction under this section, the Court must give any weight that the Court considers appropriate to the interests of consumers or, as the case may be, acquirers.
23: New
section 88A The principal Act is amended by inserting, after section 88
88A: When undertaking as to damages not required by Commission
1: If the Commission applies to the Court for the grant of an interim injunction under this Part, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
2: However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages.
24: Appeals in relation to determinations by Commission
1: Section 91 subsection (1)
1: Subject to sections 92 to 95 subsection (2)
a: there is a right of appeal to the High Court against any determination of the Commission under this Act that is not a determination of the Commission under section 70
b: there is a right of appeal to the High Court by way of case stated for the opinion of the Court on a question of law only against any determination of the Commission under section 70
2: Section 93 appeal (other than an appeal under section 91(1)(b)
25: Offences
Section 103
5: Proceedings for an offence against subsection (4)
26: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought that were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.
27: Consequential amendments
1: Section 86(2) the authorised price for those goods or services the price that should have been charged for those goods or services in accordance with the authorisation, provisional authorisation, or undertaking
2: Section 87(b) subparagraph (ii)
ii: any provisional authorisation under section 71 .
3: Section 103(1)(a) notice under section 70E
4: Section 108(cb) section 70(1) section 70B
5: Section 13(1) Ministry of Energy (Abolition) Act 1989 sections 53 and 54 of the Commerce Act 1986 sections 53, 54, and 56 of the Commerce Act 1986 |
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) |
DLM95829 | 2001 | Housing Corporation Amendment Act 2001 | 1: Title
1: This Act is the Housing Corporation Amendment Act 2001.
2: In this Act, the Housing Corporation Act 1974 the principal Act
2: Commencement
Except as provided in subsections (3) to (6) of section 24 section 25(2)
1: Amendments to existing provisions
3: New section 1A inserted
The principal Act is amended by inserting, after section 1
1A: Purpose
The purpose of this Act is to—
a: establish a corporation to administer the Crown's housing operations; and
b: define its objectives, functions, powers, and duties.
4: Interpretation
Section 2 committee Corporation land Minister committee clause 46(1) of Schedule 1A Corporation section 3(1) existing company
a: means HNZ or Community Housing Limited (a company that on the commencement of the Housing Corporation Amendment Act 2001 was duly incorporated under the Companies Act 1993
b: includes any subsidiary (within the meaning of the Companies Act 1993 HNZ section 2(1) of the Housing Restructuring Act 1992 land Minister of Finance of Housing Minister of Housing statement of intent section 41E of the Public Finance Act 1989 subsidiary Companies Act 1993 State Services Commissioner section 3 of the State Sector Act 1988 vesting day
a: in relation to an existing company or an asset or liability of an existing company, means the day on which the order under section 53
b: in relation to an asset or liability of the Crown, means the day on which an order under section 53
5: Establishment of Corporation
1: Section 3(1) the Housing Corporation of New Zealand Housing New Zealand Corporation
2: Section 3
3: The Corporation—
a: is a body corporate; and
b: is a Crown entity for the purposes of the Public Finance Act 1989
4: The Corporation cannot be disestablished except by Act of Parliament.
3: The heading of Part 1 The Housing Corporation of New Zealand Housing New Zealand Corporation
6: New sections 3B to 3D inserted
The principal Act is amended by inserting, before section 4
3B: Objectives of Corporation
The Corporation's objectives are—
a: to give effect to the Crown's social objectives by providing housing, and services related to housing, in a businesslike manner, and to that end to be an organisation that—
i: exhibits a sense of social responsibility by having regard to the interests of the community in which it operates; and
ii: exhibits a sense of environmental responsibility by having regard to the environmental implications of its operations; and
iii: operates with good financial oversight and stewardship, and efficiently and effectively manages its assets and liabilities and the Crown's investment; and
b: to ensure that the Minister of Housing receives appropriate policy advice, other advice, and information, on housing and services related to housing.
3C: Communication of the Crown's social objectives
1: To enable the Corporation to achieve the objective stated in section 3B(a)
2: Each of the Corporation's statements of intent must state—
a: the objectives most recently notified by the Minister; and
b: the steps that the group comprising the Corporation and any subsidiaries proposes to take in the financial year concerned and the next 2 financial years to achieve those objectives.
3: Nothing in subsections (1) and (2) Public Finance Act 1989 or section 20
3D: Other provisions relating to Corporation
Schedule 1A
7: New section 18 substituted
The principal Act is amended by repealing section 18
18: Functions of Corporation
1: The Corporation's principal function is to achieve its objectives.
2: The Corporation's functions include—
a: providing rental housing, principally for those who need it most:
b: providing appropriate accommodation, including housing, for community organisations (in particular for community organisations that provide residential support services for people with special needs):
c: lending for housing purposes, and providing other help relating to housing:
d: giving people (in particular people on low or modest incomes who wish to own their own homes) help and advice on matters relating to housing or services related to housing:
e: undertaking housing and other development and renewal, whether on its own account or on behalf of other persons:
f: acquiring and developing land for housing or other development and renewal, whether by—
i: providing housing amenities, facilities, services, or works; or
ii: providing commercial or industrial amenities, facilities, services, or works; or
iii: providing related amenities, facilities, services, or works; or
iv: doing any other thing:
g: selling, leasing, disposing of, managing, or otherwise dealing with land, whether in the course of housing or other development and renewal or otherwise:
h: providing housing or services related to housing as agent for departments of State or Crown entities:
i: taking action, in relation to or in connection with the provision of housing or services related to housing, provided for in—
i: the Corporation's current statement of intent; or
ii: a notice or agreement under section 20
iii: a plan under section 20A
j: conducting research into, and monitoring trends in, housing and services related to housing:
k: advising the Minister of Housing on housing and services related to housing:
l: any other functions conferred on it by this Act or any other enactment.
3: In performing any of its functions, the Corporation may consult any person or organisation whose views or knowledge it believes will enhance its performance of the function.
4: Subsection (2) does not limit subsection (1).
8: Powers of Corporation
1: Section 19
1: Subject to this Act, any other enactment, and the general law, the Corporation—
a: has full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), has full rights, powers, and privileges.
1A: The Corporation may take any action in the performance of its functions or achievement of its objectives jointly, or in conjunction, with—
a: a local authority; or
b: any other person or organisation that provides housing without having profit or gain as its principal motive; or
c: any other person or organisation.
2: Section 19
6: The Corporation may exercise its powers only for the purpose of performing its functions.
9: Corporation may sell or dispose of all or part of its property
Section 19A
10: New sections 19B to 20C substituted
The principal Act is amended by repealing section 20
19B: Validity of transactions
1: Neither the validity of an agreement, contract, or deed, nor the existence or enforceability of an obligation or right of or in respect of the Corporation or a subsidiary, is affected by—
a: a failure by the Corporation to comply with—
i: a provision of section 3B, section 20, section 30, or Schedule 1A
ii: a provision of a statement of intent or approved plan under section 20A
b: a failure by a subsidiary to comply with—
i: a provision of section 20 or section 30
ii: a provision of Schedule 1A
iii: a provision of a statement of intent or approved plan under section 20A
2: For the purpose only of determining the validity of an agreement, contract, or deed, or the existence or enforceability of an obligation or right of or in respect of the Corporation, every action of the Corporation must be treated as being or having been undertaken—
a: in the performance of its functions; and
b: by the valid exercise of—
i: its powers under this Act; or (as the case may be)
ii: powers conferred on some other person by or under Schedule 1A
19C: Ministerial reviews
1: The Minister may at any time, and for any reason, undertake or commission a review of the Corporation's operations; and in that case the Corporation must take all reasonable steps to co-operate with the review.
2: For the purposes of the review, the Minister may require the Corporation to provide information under section 45B of the Public Finance Act 1989
3: This section does not limit or affect the power of the State Services Commissioner to initiate a review under section 6(a) of the State Sector Act 1988
20: Corporation to give effect to Government policy
1: The Minister may require the Corporation to give effect to the policy of the Government, by—
a: giving the Corporation notice in writing that it is required to give effect to a policy stated in the notice; or
b: giving the Corporation notice in writing requiring it to enter into a written agreement with the Minister to give effect to a policy stated in the agreement.
2: The Corporation must give effect to any applicable policy of the Government (as required under subsection (1)), in—
a: trying to achieve its objectives; and
b: exercising its powers and performing its functions (whether under this Act or any other enactment).
3: The Minister must consult the Corporation before requiring it to give effect to the policy of the Government.
4: In requiring the Corporation to give effect to the policy of the Government, the Minister must not give the Corporation a notice, or require it to enter into an agreement,—
a: relating to a matter in respect of which this Act or any other enactment expressly requires it to act independently; or
b: requiring it, in respect of a particular person, to—
i: make a particular decision, do or refrain from doing a particular act, or bring about a particular result; or
ii: make a decision of a particular kind, do or refrain from doing an act of a particular kind, or bring about a result of a particular kind.
20A: Other provisions relating to requirements
1: Promptly after requiring the Corporation to enter into any agreement, or giving it any notice, requiring it to give effect to the policy of the Government, the Minister must publish a copy of the notice or agreement in the Gazette
2: Within 12 sitting days after requiring the Corporation to enter into any agreement, or giving it any notice, requiring it to give effect to the policy of the Government, the Minister must present a copy of the notice or agreement to the House of Representatives.
3: The Corporation must prepare, and give to the Minister for approval a draft plan stating how it proposes to give effect to the policy of the Government if,—
a: pursuant to a requirement under section 20
b: it is given notice under that section requiring it to give effect to the policy of the Government.
4: Within 12 sitting days after approving a draft plan given under subsection (3), the Minister must present a copy of the approved plan to the House of Representatives.
20B: Compensation of Corporation for providing certain services
1: If under section 20
a: the Crown must pay to the Corporation all or part of that price (as the case requires); and
b: if the policy is for the Corporation to provide housing and related services to persons who are to be required to pay income-related rents rather than market rents for the housing, the agreement or notice concerned must state that the services are to be provided in return for the payment by the Crown to the Corporation of the difference between the amounts of market rents for the housing and the income-related rents charged.
2: If, because its statement of intent requires it to do so, the Corporation provides services that it cannot provide on normal business terms, the Crown may wholly or partly recompense it for doing so.
3: In subsection (1)(b), income-related rents market rents section 42(1) of the Housing Restructuring Act 1992
4: After the vesting day in relation to HNZ, every agreement between the Crown and HNZ entered into by virtue of a requirement under section 7 of the Housing Restructuring Act 1992 section 65 of that Act section 20(1)
5: Nothing in this section limits or affects the generality of section 20
20C: Application of sections 20 to 20B to subsidiaries
Sections 20 to 20B
11: Borrowers to contribute to General Reserve Fund
1: Section 29 General Reserve Fund Corporation's funds
2: The heading to section 29 General Reserve Fund Corporation's funds
12: Securities
Section 25
13: New sections 30 and 30AA substituted
The principal Act is amended by repealing section 30
30: Borrowing powers of Corporation and subsidiaries
1: The Corporation may do any of the things stated in subsection (2) only—
a: with the agreement of the Minister of Finance; and
b: in compliance with any conditions subject to which the agreement was given.
2: The things referred to in subsection (1) are—
a: issue securities for the purpose of providing funds for carrying on its business under this Act, or as consideration for mortgages of land or other securities transferred to it:
b: borrow money (by way of loan, overdraft, or otherwise):
c: grant securities over, or otherwise charge, any of its real or personal property.
3: A subsidiary of the Corporation may do any of the things stated in subsection (4) only—
a: with the agreement of the Minister of Finance; and
b: in compliance with any conditions subject to which the agreement was given.
4: The things referred to in subsection (3) are—
a: borrow money (by way of loan, overdraft, or otherwise):
b: issue securities for the purpose of providing funds for carrying on its business, or as consideration for mortgages of land or other securities transferred to it:
c: grant securities over, or otherwise charge, any of its real or personal property.
5: The Corporation may seek the Minister of Finance's agreement for the purposes of subsection (1) or subsection (3)—
a: when it submits a statement of intent or modified statement of intent to the Minister under the Public Finance Act 1989
b: when the Minister gives it a notice, or enters an agreement with it, under section 20
c: at any other time.
30AA: Loans deemed to have been lawfully raised
So far as concerns any lender or holder,—
a: all money borrowed by the Corporation or a subsidiary must for all purposes be treated as having been borrowed in accordance with section 30
b: all securities and charges issued, granted, or varied by the Corporation or a subsidiary must for all purposes be treated as having been issued, granted, or varied in accordance with section 30
c: the following must for all purposes be treated as having been undertaken in accordance with section 30
i: all actions taken by the Corporation or a subsidiary in the course of any borrowing or proposed borrowing:
ii: all actions taken by the Corporation or a subsidiary in the course of the issue, granting, or variation or proposed issue, granting, or variation of any securities or charge; and
d: the lender or holder does not have to inquire whether, or to what extent, authority has been given under that section.
14: Securities issued by Corporation to be guaranteed by the Crown
Section 31(1) of the Corporation issued by the Corporation before the commencement of the Housing Corporation Amendment Act 2001
15: Sections 33 to 37, and 39 repealed
Sections 33 to 37 39
16: New section 40 substituted
The principal Act is amended by repealing section 40
40: Distribution of profits
1: The Corporation must pay its surplus for each financial year into the Crown bank account, unless the Minister authorises the Corporation to keep all or any part of it.
2: In subsection (1), surplus
17: Annual report
Section 42
1: As soon as is practicable after the end of each financial year, the Corporation must give the Minister a report on—
a: its activities and performance for that year; and
b: the activities and performance for that year of each of its subsidiaries.
1A: The report must state—
a: the fees and other benefits paid to individual members (including any fees or other benefits paid by virtue of their being directors of a subsidiary); and
b: in $10,000 bands, the number of employees of the Corporation or any subsidiary receiving total gross remuneration of more than $100,000; and
c: the total value of all compensation payments and other benefits (however described)—
i: paid or given by the Corporation during the financial year to or for the benefit of people in respect of their ceasing (in that year or earlier) to be a member, officer, or employee of the Corporation; or
ii: paid or given by the Corporation or a subsidiary during the financial year to or for the benefit of people in respect of their ceasing (in that year or earlier) to be a director, officer, or employee of a subsidiary; and
d: the number of people to or for the benefit of whom payments or benefits of a kind referred to in paragraph (c) were paid or given.
18: Protection of name of Corporation
1: Section 43
1: No company or other body corporate may be incorporated or registered under any enactment in New Zealand under—
a: the name Housing Corporation of New Zealand
b: the name Housing New Zealand Corporation
c: any other name that in the opinion of the Registrar of Companies so resembles either of those names as to be calculated to deceive.
2: No person other than the Corporation may (alone or with any other person or persons) trade or carry on business under, or in any other way use as the name or description of an unincorporated body or organisation,—
a: the name Housing Corporation of New Zealand
b: the name Housing New Zealand Corporation
c: any other name so resembling either of those names as to be calculated to deceive.
2: Section 43
2A: Subsections (1) and (2) do not prevent HNZ from continuing to use the name Housing New Zealand
19: Procuration fees
Section 44
20: Corporation's liability for taxes and rates
Section 45 1955 1993
21: New section 49A inserted
The principal Act is amended by inserting, after section 49
49A: References to Housing Corporation of New Zealand
Every reference to the Corporation under its former name of the Housing Corporation of New Zealand in any enactment, agreement, contract, deed, or other document enacted, entered into, or created before 1 July 2001 must be read as a reference to the Corporation under its present name.
2: New Parts 6 and 7 of principal Act
22: New Parts 6 and 7 inserted in principal Act
The principal Act is amended by inserting, after Part 5
6: Restructuring of housing entities
51: Interpretation
In this Part, unless the context otherwise requires,— assets
a: choses in action and money:
b: goodwill:
c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective liabilities rights Housing New Zealand Limited to become subsidiary of Corporation
52: Vesting in Corporation of the Crown's shares in Housing New Zealand Limited
1: On the commencement of the Housing Corporation Amendment Act 2001, the shares in the capital of the company held immediately before that commencement by the responsible Minister and the Minister of Finance vest in the Corporation.
2: In subsection (1), company responsible Minister section 2(1) of the Housing Restructuring Act 1992 Transfer to Corporation of assets, functions, liabilities, and obligations of existing companies
53: Vesting orders
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: vest in the Corporation—
i: all the assets and liabilities of an existing company; and
ii: any assets of the Crown used principally for the purpose of the Corporation or that existing company; and
iii: any liability of the Crown arising from the operations of the Corporation or that existing company; and
b: confer or impose rights or obligations on the Corporation in relation to any asset or liability vested; and
c: direct any person or authority to register, record, or take notice of any thing done by the order, the consequential effect of section 54
2: The Minister—
a: must not recommend the making of an order vesting all the assets and liabilities of an existing company in the Corporation without first considering—
i: the company's obligations to its creditors; and
ii: the likely effect of the vesting on those obligations; and
b: must not recommend the making of an order vesting any liability of the Crown in the Corporation unless satisfied that it was incurred in the process of or for the purposes of the performance of the functions of the Corporation or the existing company concerned; and
c: must not recommend the making of an order conferring or imposing a right or obligation on the Corporation in relation to any asset or liability unless satisfied that it is necessary or desirable to do so because of the vesting of the asset or liability in the Corporation.
54: Additional effects of orders
On and after the vesting day,—
a: every reference to the existing company concerned in any contract, lease, notice, order, proceedings, regulations, or other document has effect as a reference to the Corporation; and
b: to the extent that the order concerned vests an asset or liability of the Crown in the Corporation, every reference to the Crown (whether as Her Majesty, the Crown, or a Minister of the Crown) in any contract, lease, notice, order, proceedings, regulations, or other document relating to the asset or liability (being a reference to the Crown by virtue of its status as owning the asset or being liable for the liability) has effect as a reference to the Corporation; and
c: the Corporation has all the rights, obligations, privileges, and immunities of the existing company concerned (and of any officer or employee of that company acting as an officer or employee of that company), and all the rights, obligations, privileges, and immunities of the Crown as aforesaid (other than rights, obligations, privileges, and immunities that the Crown has only by virtue of being the Crown), in relation to all appeals, applications, objections, and other proceedings before any authority, court, tribunal, or person acting judicially, relating to any asset or liability vested by the order concerned.
55: Records and registers
1: Except as provided in section 53(1)(c)
2: An order under section 53 section 54
3: In the absence of evidence to the contrary, it is sufficient proof that any asset or liability is vested in the Corporation if a person presents to a registrar or any other person an instrument, whether or not comprising an instrument of transfer,—
a: executed or purporting to be executed by or on behalf of the Corporation; and
b: relating to any asset or liability held by an existing company or the Crown immediately before the vesting day; and
c: containing a recital that the asset or liability has vested in the Corporation under this Act.
56: Vesting to take effect as amalgamation for certain purposes
1: For the purposes of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994
a: the vesting of the assets and liabilities of an existing company under section 53
b: the Corporation must be treated as an amalgamated company; and
c: the company must be treated as an amalgamating company; and
d: the company must be treated as having ceased to exist on the vesting day.
2: If the assets and liabilities of an existing company vest in the Corporation under section 53
a: subparagraphs (v) and (vi) of section FE 6(5)(a) and subparagraphs (iv) and (v) of section FE 7(1)(a) of the Income Tax Act 1994
b: for the purposes of section FE 10 of that Act
3: For the purposes of the Financial Reporting Act 1993 section 53 Companies Act 1993
4: Subsections (1) to (3) apply as if the Corporation were a company within the meaning of the Companies Act 1993
5: Subsections (1) and (2) override section 45
57: Certain matters not affected by vesting
Nothing effected or authorised by this Part—
a: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes any of them guilty of a civil wrong; or
b: gives rise to a cause of action against the Crown, the Corporation or any member, an existing company, or any other person; or
c: gives rise to a right for any person to—
i: terminate or cancel or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
d: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any asset or liability or the disclosure of any information; or
e: releases any surety wholly or in part from all or any obligation; or
f: invalidates or discharges any contract or security; or
g: affects the Corporation's rights or liabilities under or in respect of any guarantee relating to the liabilities of an existing company given by or to the Corporation.
58: Property or liabilities vested in Corporation
If any asset or liability of the Crown is vested in the Corporation under this Act,—
a: the Crown remains liable to any third party as if the asset or liability had not been vested, but must be indemnified by the Corporation in respect of any liability to the third party:
b: any satisfaction or performance by the Corporation in respect of the asset or liability is also deemed to be satisfaction or performance by the Crown:
c: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Corporation is also deemed to be to the benefit of the Crown.
59: Transfer of contracts and leases
1: Before the vesting day,—
a: an existing company may transfer to the Corporation a specified right or benefit under a contract or lease to which it is a party; and
b: the Corporation may transfer to an existing company a specified right or benefit under a contract or lease to which it is a party, or a right or benefit transferred to it under paragraph (a)
2: The transfer does not prevent the transferor from exercising or enjoying the right or benefit transferred.
3: The transfer may not be made unless—
a: the proposed transferee has agreed to it; and
b: written notice of it has been delivered to the proposed transferee, and to every other party to the contract or lease.
4: The transfer is binding on every party to the contract or lease.
60: Application of Privacy Act 1993
1: For the purposes of the Privacy Act 1993
a: the use by the Corporation or its employees of any information gathered or held by an existing company is a directly related purpose; and
b: the use by an existing company or its employees of any information gathered or held by the Corporation or another existing company is a directly related purpose.
2: Subsection (1)
7: Transfer of employees to Corporation
61: Interpretation
In this Part, unless the context otherwise requires,— employment agreement section 5 of the Employment Relations Act 2000 old agreement transferred employee section 62
62: Transfer of employees to Corporation
The Corporation may appoint to a position in its employment a person who is—
a: an employee of an existing company; or
b: an employee of a department listed in the First Schedule of the State Sector Act 1988
63: Consultation
The Corporation must not appoint a person to a position in its employment under section 62
64: Effect of old employment agreement
Unless it provides otherwise, a transferred employee's old agreement continues to apply to him or her during the period referred to in section 65
a: entered into with the Corporation, rather than the former employer; and
b: binding on him or her, the Corporation, and any other party to it other than the former employer.
65: Period during which old agreement applies
The period during which a transferred employee's old agreement continues to apply begins on his or her appointment to a position in the employment of the Corporation under section 62
a: he or she—
i: ceases to be an employee of the Corporation; or
ii: is appointed to some other position in the employment of the Corporation; or
b: any of the conditions of employment applying to him or her under it are varied (otherwise than under section 67
66: Circumstances in which new employment agreement to apply
The conditions of employment of a person appointed to a position in the employment of the Corporation under section 62
a: he or she is appointed to some other position in the employment of the Corporation; or
b: any of the conditions of employment applying to him or her under his or her old agreement are varied (otherwise than under section 67
67: Changes in duties or location
1: If during the period referred to in section 65 section 62
a: his or her conditions of employment may be varied by agreement to reflect that change; but
b: the varied conditions must be no less favourable than those he or she was entitled to under his or her old agreement.
2: Subsection (1) overrides section 64
68: Transfer not enough to break continuous employment
For the purposes of any provisions of a transferred employee's old agreement relating to continuity of service, his or her appointment to a position in the employment of the Corporation under section 62
69: Transfer not enough to entitle employee to redundancy or severance payment
A transferred employee is not entitled to receive compensation for redundancy, or a severance payment, because—
a: the position he or she held in the existing company or department concerned has ceased to exist; or
b: he or she has ceased by virtue of his or her appointment to a position in the employment of the Corporation to be an employee of that company or department.
23: New Schedule 1A inserted in principal Act
The principal Act is amended by inserting, before Schedule 1 Schedule 1
3: Consequential amendments and repeals
24: Consequential amendments
1: The enactments named in Schedule 2
2: Sections 49 50 Housing Corporation of New Zealand Corporation
3: The Housing Restructuring and Tenancy Matters section 53 Schedule 3
4: Schedule 1 Immigration Act 1987 section 53 Housing New Zealand Corporation
5: The following enactments are amended, with effect on the day on which the order under section 53 of the principal Act relating to HNZ comes into force, by omitting the item Housing New Zealand Limited
a: Schedule 18 Income Tax Act 2004
b: Schedule 1 Official Information Act 1982
c: Part 2 Ombudsmen Act 1975
d:
6: Schedule 2 Housing Restructuring (Income-Related Rents) Amendment Act 2000 section 61H(2) retail regional Subsection (3) amended 1 July 2006 section 5(2)(c) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 by inserting the words and Tenancy Matters Restructuring Subsection (5)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 Subsection (5)(d) repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Certain enactments consequentially repealed
1: The following enactments are repealed:
a: the Title of the principal Act:
b: sections 5 to 17 28 30A 41A 43A(3) 47
c: the enactments specified in Schedule 4
2: Sections 7 65 and Tenancy Matters section 53 Subsection (2) amended 1 July 2006 section 5(2)(c) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 by inserting the words and Tenancy Matters Restructuring |
DLM112145 | 2001 | Defence Amendment Act 2001 | 1: Title
1: This Act is the Defence Amendment Act 2001.
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: New
section 33 The principal Act is amended by repealing section 33
33: Appointment, enlistment, and engagement
1: No person who is under 17 years may be appointed to, or enlisted or engaged in, the Navy, the Army, or the Air Force.
2: Subject to subsection (1), section 36
a: a New Zealand citizen or a citizen of any other Commonwealth country:
b: any other person with the prior consent of the Chief of Defence Force.
4: Enlistment of minors
Section 36(4) paragraph (b)
b: a written acknowledgment by the person giving the consent that he or she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years.
5: New
section 37 The principal Act is amended by repealing section 37
37: Liability of minors for active service
No person serving in the Armed Forces who is under 18 years is liable for active service.
6: New
section 90A The principal Act is amended by inserting in Part 8 before section 91
90A: Locally employed civilians
The Chief of Defence Force may employ persons who are outside New Zealand to undertake work for the Defence Force outside New Zealand on terms and conditions specified or prescribed by the Chief of Defence Force. |
DLM112770 | 2001 | Goods and Services Tax Amendment Act 2001 | 1: Title
1: This Act is the Goods and Services Tax Amendment Act 2001.
2: In this Act, the Goods and Services Tax Act 1985 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Imposition of goods and services tax on imports
Section 12 subsection (1)
1A: Goods and services tax is not payable under subsection (1) Customs and Excise Act 1996
a: the goods are intended solely for the use of an organisation, visiting force, expedition, or other body approved by the Chief Executive of the New Zealand Customs Service that may be established or temporarily based in New Zealand under an agreement or arrangement entered into by or on behalf of the Government of New Zealand with the Government of another State, the United Nations, or any other international organisation; or
b: the goods are intended solely for the use of a person temporarily resident in New Zealand for the purpose of serving as a member of any approved organisation, visiting force, expedition, or other body. |
DLM112115 | 2001 | Customs and Excise Amendment Act 2001 | 1: Title
1: This Act is the Customs and Excise Amendment Act 2001.
2: In this Act, the Customs and Excise Act 1996 the principal Act
2: Commencement
1: Section 7
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Entry of imported goods
Section 39 subsection (3)
3A: Every person entering goods under this section may, in accordance with any conditions a Customs officer may impose,—
a: inspect the goods; or
b: draw samples from the goods.
4: Samples or illustrations
Section 45 subsection (2)
2: Any sample required to be furnished in accordance with subsection (1)
5: Origin of fish or other produce of the sea
1: Section 64(2) , whose decision shall be final
2: Section 64
3: A person who is dissatisfied with a decision of the Chief Executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to the Customs Appeal Authority against that decision.
6: Excise duty on spirits and other alcoholic beverages used in the manufacture of non-excisable products
Section 83(1) 99.55.00A 99.55.00D
7: Duty credits
1: Section 85(1) excise duty or excise-equivalent duty
2: Section 85(2) excise duty or excise-equivalent duty
3: Section 85(3) excise duty or excise-equivalent duty
8: Other refunds and remissions of duty
Section 113 subsection (3)
3: The Chief Executive may refund or remit any excise-equivalent duty imposed under section 75
a: on goods of a class or kind that have been exempted from duty by the Minister of Commerce under section 8 of the Tariff Act 1988
b: on alcoholic beverages (except ethyl alcohol of Tariff items 2207.10.19, 2207.10.29, 2207.20.01, or 2207.20.39) for use by the persons, in the places, and in the quantities that the Chief Executive may approve, and subject to any conditions that the Chief Executive thinks fit in the manufacture of any products approved in writing by the Chief Executive.
9: Examination of goods subject to control of Customs
Section 151
6: Any sample taken in accordance with subsection (5)
10: Securities for payment of duty
Section 156 subsection (4)
4A: If the Chief Executive is satisfied that the obligations for which any security given in accordance with this section have been fulfilled, the person who gave the security must be released from the conditions of the security as soon as possible.
4B: Subsection (4A) section 92 and section 116
11: Chief Executive to give written reasons for decisions open to appeal to Customs Appeal Authority
Section 283 Chief Executive must be given without undue delay and
12: Schedule 3 amended
1: Part A Part 1
2: The principal Act is amended by repealing so much of Part A of Schedule 3 Part 2
3: The principal Act is amended by repealing so much of Part A of Schedule 3 Part 3
4: Part B Part 4
5: The principal Act is amended by repealing so much of Part B of Schedule 3 Part 5 |
DLM98305 | 2001 | Electricity Industry Reform Amendment Act 2001 | 1: Title
1: This Act is the Electricity Industry Reform Amendment Act 2001.
2: In this Act, the Electricity Industry Reform Act 1998 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 3(1) agency
2: Section 3(1) customer co-operative section 42 distributed generation line nameplate .
3: Section 3(1) paragraph (b) exempt person or section 46A
4: Section 3(1) settling trust settling trust sections 37 to 45
5: Section 3
3: In relation to sections 4(2), 5(2), and 19
a: limitations, exclusions, or exemptions under those sections may be applied cumulatively; and
b: references to an activity being carried out only or solely for a particular purpose or in a particular way, or to a person having an involvement or interest only or solely for a particular reason, must not be read as excluding reliance on any other limitation, exclusion, or exemption in any of those sections.
4: Meaning of electricity supply business
1: Section 5(2) paragraph (e)
e: generating electricity from distributed generation, and selling the electricity generated, where—
i: the generating capacity of the distributed generation is no more, at any one time, than the greater of 5 MW (determined according to nameplate or nameplates) and 2% of the maximum demand, in the immediately preceding financial year, of the system to which the distributed generation is connected; and
ii: the distributed generation is owned or operated by a business that also conveys electricity by line and that distributed generation is connected to those lines:
f: selling financial transmission rights that hedge risks arising from the effects of losses and constraints on the national grid:
g: owning or operating, directly or indirectly, a generator referred to in any of paragraphs (b) to (f) or subsection (3)
2: Section 5
4: For the purposes of subsection (2) financial transmission right
a: is funded exclusively by the difference between purchaser payments and generator receipts on the sale and purchase of electricity in the wholesale market that arises from the effect of losses and constraints on the national grid; and
b: entitles the holder to receive, or requires the holder to make, payments in accordance with a formula based on prices for quantities of electricity at 1 or more points on the national grid financial year maximum demand system
5: Repeal of
section 13 The principal Act is amended by repealing section 13
6: Certain businesses and involvements to be disregarded
Section 19(1) paragraph (g)
ga: that person is involved because the person has an interest in a business that generates electricity from a geothermal energy source if—
i: the geothermal plant was commissioned between 1 January 1998 and the date on which this paragraph comes into force, and is currently owned by the person that commissioned it; and
ii: the output from the geothermal plant is less than 12 MW (determined according to nameplate or nameplates); or .
7: Corporate separation
Section 24 (mirror trusts) or section 46A
8: Arms length rules
Section 25(1) (mirror trusts) or section 46A
9: Purpose of sections
1: of the principal Act is amended by omitting the expression sections 28 to 45 sections 28 to 46B
2: Section 27
j: a permanent exemption for new distributed generation from a new renewable energy source and public notification requirements for electricity lines businesses that acquire or increase an ability to carry out distributed generation ( sections 46A and 46B
10: New
section 37 The principal Act is amended by repealing section 37
37: Mirror trust option
1: The mirror trust option means that an electricity trust involved in business A ( settling trust mirror trust
2: The mirror trust option is an exemption, under section 43 section 20
3: Those exemptions are subject to the conditions in sections 38 to 41
11: Qualifying conditions on mirror trust option
Section 38 subsections (1) (2)
1: A settling trust may use the mirror trust option if the settling trust is a customer trust or community trust or both a customer and community trust.
2: If the mirror trust option is used, the settling trust and the mirror trust, and any companies in which either the settling trust or mirror trust is involved, must comply with the rules in sections 24 and 25 sections 40 and 41
12: Repeal of
section 39 The principal Act is amended by repealing section 39
13: Terms of trust deeds for mirror trusts
Section 41(1) 23 June 1998 the date on which the mirror trust is established
14: New
section 42 The principal Act is amended by repealing section 42
42: Mirror co-operatives
1: For the purposes of this Act (except for sections 60 and 62
2: In this Act, customer co-operative section 38(3)
3: The provisions relating to mirror trusts, and section 38(3)
15: Repeal of
section 44 The principal Act is amended by repealing section 44
16: New
section 45 The principal Act is amended by repealing section 45
45: Trusts that cease to be mirror trusts
Section 43 sections 24 and 25 and sections 38 to 41
17: Repeal of
section 46 sections 46A 46B
1: The principal Act is amended by repealing the heading preceding section 46 46
2: The principal Act is amended by inserting, before the Part 3 Exemption and rules for distributed generation
46A: Exemption for new distributed generation from new renewable energy source
1: The following activities do not cause any person to breach the ownership separation rules:
a: generating electricity from new distributed generation using only—
i: a new renewable energy source; or
ii: a new renewable energy source and fossil fuels if fossil fuels provide no more than 20% of the total fuel energy input for the generator or generators comprising the generation plant in any 12-month period or any larger amount approved by the Minister under subsection (3)
b: selling electricity referred to in paragraph (a)
c: owning or operating, directly or indirectly, new distributed generation, or any other core generation assets used in connection with new distributed generation, that is capable of generating electricity referred to in paragraph (a)
2: Subsection (1) sections 24 and 25
3: The Minister may increase the thresholds in subsection (1)(a)(ii) paragraph (b) new renewable energy source subsection (1)
4: In this section,— new distributed generation new renewable energy source
a: means an energy source that occurs naturally and the use of which will not permanently deplete New Zealand's energy sources of that kind, because those sources are generally expected to be replenished by natural processes within 50 years or less of being used; but
b: does not include hydro or geothermal energy sources at a generator or generators comprising a generation plant that has an aggregate generating capacity (determined according to nameplate or nameplates) of more than 5 MW, unless approved by the Minister under subsection (3)
5: This section does not limit section 5(2)(e)
46B: Electricity lines business to publicly notify acquisition or increase of distributed generation
1: The purpose of this section is to require an electricity lines business that proposes to acquire or increase distributed generation, in reliance on section 5(2)(e) section 46A
2: A person who is carrying on an electricity lines business must not, without first publicly notifying the proposal to do so in accordance with subsection (3)
3: The person must publish the following matters in each major daily newspaper in Auckland, Hamilton, Wellington, Christchurch, and Dunedin at least 30 days before the person enters into the first contract to acquire or increase that ability or interest:
a: the type of generation proposed (for example, windfarm, co-generation, or other) and the alternative types of generation and alternative methods for reducing demand for electricity considered by the person (if any); and
b: the date on which the person will acquire or increase an ability to generate electricity or that interest; and
c: the estimated increase in direct or indirect generating capacity of the person, determined according to nameplate, as a result of the acquisition or increase; and
d: the estimated cost of acquiring or increasing the ability to carry out the generation or that part of the cost of acquiring or increasing the interest that is attributable to that ability; and
e: the relative efficiency of the proposed generation and each alternative referred to in paragraph (a)
f: the address of the person, a statement to the effect that any person may make a submission on the proposal by sending a written submission to that address, and a closing date for submissions.
4: The person must also provide a copy of the public notification to the Commerce Commission as soon as practicable after publishing it.
5: This section does not apply to the acquisition by a person of an interest in another person that carries on an electricity lines business.
18: New
section 56A The principal Act is amended by inserting, after section 56
56A: Limits on defences and penalties for failure to publicly notify acquisition or increase of distributed generation
Sections 48, 52(b) and (c), 53, 54, 55, and 56 section 46B
19: Mirror co-operatives
1: Section 61 subsection (1)
1: This section applies if a customer co-operative establishes a mirror company ( mirror co-operative section 37
2: Section 67(2)(b) 61(1)(a) 61(1)
20: Mirror trusts
Section 62 subsection (1)
1: This section applies if—
a: 1 or more electricity trusts owns or own all of the voting interests and market value interests (if any) in an electricity company ( existing company
b: a mirror trust is established in respect of each electricity trust; and
c: the mirror trust incorporates or the mirror trusts incorporate a company ( mirror trust company
d: for the purpose of the trust using the mirror trust option in section 37
21: Shareholders of lines co-operatives
Section 73 Electricity Ashburton Limited and Otago Power Limited customer co-operatives
22: Exemptions
Section 81 subsections (1) (2)
1: The Commission may, for the purposes of this Act, in its discretion and upon the terms and conditions (if any) that it thinks fit, by notice in the Gazette
a: any business, involvement, or interest, or class of business, involvement, or interest, from the application of this Act; or
b: any person or class of persons from compliance with any provisions of this Act or any regulations made under it. |
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 |
DLM113910 | 2001 | Judicature Amendment Act 2001 | 1: Title
1: This Act is the Judicature Amendment Act 2001.
2: In this Act, the Judicature Act 1908 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 53 substituted
The principal Act is amended by repealing section 53
53: Fees to be paid into Crown Bank Account
All fees received under this Act must be paid into a Crown Bank Account.
4: Regulations
Section 100A paragraph (d)
d: in order to promote access to justice, empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal 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, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (da)
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: 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:
da: prescribing, for the purposes of the exercise of a power under paragraph (d)
i: for assessing a person's ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
db: empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to postpone the payment of a fee pending the determination of—
i: an application for the exercise of a power specified in paragraph (d)
ii: an application for review under section 100B
dc: 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:
dd: providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (db) .
2: Section 100A subsection (2)
2: No fee is payable for an application for the exercise of a power specified in subsection (1)(d) or (db)
5: New section 100B added
The principal Act is amended by adding the following section:
100B: Reviews of decisions of Registrars concerning fees
1: Any person who is aggrieved by any decision of a Registrar or Deputy Registrar under regulations made under section 100A(d)
a: in the case of a decision by the Registrar or a Deputy Registrar of the Court of Appeal, to a Judge of that Court:
b: in the case of a decision by a Registrar or Deputy Registrar of the High Court, to a Judge or a Master of that Court.
2: An application under subsection (1)
3: Applications under this section may be made on an informal basis.
4: Reviews under this section are—
a: conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and
b: dealt with on the papers, unless the Judge or Master directs otherwise.
5: On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge or Master may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.
6: No fee is payable for an application under this section. 1991 No 71 s 16 . |
DLM113344 | 2001 | Postal Services Amendment Act 2001 | 1: Title
1: This Act is the Postal Services Amendment Act 2001.
2: In this Act, the Postal Services Act 1998 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 requiring disclosure of information
Section 61(2) paragraph (a)
a: requiring the Corporation to disclose information in relation to the extent to which, and the terms and conditions on which, the Corporation provides to postal operators other than New Zealand Post Limited, access to the Corporation's postal network for the purposes of providing postal delivery services: . |
DLM113398 | 2001 | District Courts Amendment Act 2001 | 1: Title
1: This Act is the District Courts Amendment Act 2001.
2: In this Act, the District Courts Act 1947 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent
3: Payment and recovery of fees
Section 113 subsection (2)
2: No Registrar or Deputy Registrar may do any act for which a fee is payable unless the amount of the fee prescribed or determined under any enactment is paid or unless payment of that amount is waived or postponed.
2A: An act for which a fee is payable is not invalid simply because the fee has not been paid.
4: Regulations
1: Section 123 paragraph (b)
ba: in order to promote access to justice, empowering Registrars or Deputy Registrars to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding (including a proceeding in a Disputes Tribunal), or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (bb)
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: 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:
bb: prescribing, for the purposes of the exercise of a power under paragraph (ba)
i: for assessing a person's ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
bc: empowering Registrars or Deputy Registrars to postpone the payment of a fee pending the determination of—
i: an application for the exercise of a power specified in paragraph (ba)
ii: an application for review under section 123A
bd: 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:
be: providing for the manner in which an application for the exercise of a power specified in paragraph (ba) or paragraph (bc)
2: Section 123 subsection (2)
2: No fee is payable for an application for the exercise of a power specified in subsection (1)(ba) or (bc)
5: New section 123A inserted
The principal Act is amended by inserting, after section 123
123A: Reviews of decisions of Registrars concerning fees
1: Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 123(1)(ba)
2: An application under subsection (1)
3: Applications under this section may be made on an informal basis.
4: Reviews under this section are—
a: conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and
b: dealt with on the papers, unless the Judge directs otherwise.
5: On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.
6: No fee is payable for an application under this section. 1991 No 71 s 16 |
DLM110970 | 2001 | Broadcasting Amendment Act 2001 | 1: Title
1: This Act is the Broadcasting Amendment Act 2001.
2: In this Act, the Broadcasting 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: Appeal against decision of Authority
Section 18 subsection (6) |
DLM86487 | 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) |
DLM119292 | 2001 | Commerce (Clearance Validation) Amendment Act 2001 | 1: Title
1: This Act is the Commerce (Clearance Validation) Amendment Act 2001.
2: In this Act, the Commerce 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: Consideration of notices applying for clearance made before 26 May 2001
1: This section applies to a notice under section 66(1)
a: was given to the Commission before the commencement of section 11 Commerce Amendment Act 2001
b: had not been finally disposed of before that commencement.
2: The principal Act applies to a notice (other than the notice seeking clearance for the proposed acquisition that was the subject of the proceedings Foodstuffs (Auckland) Limited v Commerce Commission and Progressive Enterprises Limited section 11 Commerce Amendment Act 2001
3: Every action of the Commission before the commencement of this Act must for all purposes be treated as being as valid and effectual as it would have been if this Act had come into force on the commencement of section 11 Commerce Amendment Act 2001
4: This section is for the avoidance of doubt. |
DLM98368 | 2001 | Ministry of Energy (Abolition) Amendment Act 2001 | 1: Title
1: This Act is the Ministry of Energy (Abolition) Amendment Act 2001.
2: In this Act, the Ministry of Energy (Abolition) 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 of levies
Section 14 paragraph (b)
ba: the dissemination of information to assist consumers to choose, and alternate, between competing electricity retailers (as defined in section 2(1) of the Electricity Act 1992 . |
DLM119974 | 2001 | Health and Disability Services (Safety) Act 2001 | 1: Title
This Act is the Health and Disability Services (Safety) Act 2001.
1: Preliminary
2: Commencement
1: Sections 9 to 11 Part 3 sections 51 52 54 to 58 Schedules 1 to 3
2: Sections 59 60(1) Schedules 4 5
3: The rest of this Act comes into force on 1 July 2002.
3: Purpose
The purpose of this Act is to—
a: promote the safe provision of health and disability services to the public; and
b: enable the establishment of consistent and reasonable standards for providing health and disability services to the public safely; and
c: encourage providers of health and disability services to take responsibility for providing those services to the public safely; and
d: encourage providers of health and disability services to the public to improve continuously the quality of those services.
4: Interpretation
1: In this Act, unless the context otherwise requires,— affected consumers affected providers audit report
a: in relation to an auditing agency and a certified provider, means an audit report by the agency on the person's present and likely future provision of health care services of a kind the person is certified to provide, prepared in the light of—
i: the relevant service standards; and
ii: any conditions subject to which the person is certified to provide services of that kind; and
iii: any requirements the person is required to meet by virtue of an exemption under section 23(1)
iv: any conditions subject to which the person is exempted from an element of those standards; and
b: in relation to an auditing agency and a person intending to provide but not yet certified to provide health care services of any kind, means an audit report by the agency on the person's likely future provision of services of that kind, prepared in the light of the relevant service standards auditing agency section 32(1) authorised person
a: means a person authorised in writing by the Director-General to enter and inspect places for the purposes of this Act:
b: includes the Director-General certified provider section 26(1) cessation order section 48(1) closing order section 49(1) Director-General health care services health care services of any kind health or disability services section 5(1) hospital care
a: in premises held out by the person providing or intending to provide the services as being capable of accommodating 2 or more of the people for whom the services are provided for continuous periods of 24 hours or longer; and
b: in consideration of payment (whether made or to be made, and whether by the Crown, the people for whom the services are provided, or any other person) kind mental health services Minister Ministry place relevant service standards residential disability care rest home care section 6(2) service standards section 13 section 14(1) specified health or disability services section 7
2: Services may be health or disability services, even if they are or include the provision of goods.
5: Health or disability services defined
1: In this Act, health or disability services
a: means services of any of the following kinds:
i: chiropractic services, dental services, fertility services, geriatric services, gynaecological services, habilitation services, maternity services, medical services, mental health services, obstetric services, osteopathy services, rehabilitation services, physiotherapy services, and surgical services:
ii: collecting, storing, or transporting human tissue or human bodily substances for the purposes of, or in connection with, the provision or prospective provision of health or disability services:
iii: services, provided to people with disabilities or people who are frail (whether because of their age or for some other reason), for their care or support or to promote their independence; and
b: includes services intended to prevent, or lessen the prevalence or severity of, illness or injury; and
c: includes any services within the meaning of the Pae Ora (Healthy Futures) Act 2022
d: includes services intended to enable the detection, the diagnosis, the determination of the nature or extent or prognosis, or the monitoring, of any illness, injury, or other condition, the treatment of which (or the treatment of the effects of which) is or would be providing health or disability services of any kind, for example—
i: biochemical, chemical, cytogenetic, cytological, haematological, histopathological, immunological, microbiological, sensory, or serological analysis, examination, scanning, screening, or testing:
ii: examining, scanning, screening, or testing people using electro-magnetic or ionising radiation, magnetism, or sound; and
e: includes administering the provision of health or disability services.
2: Subparagraphs (i) and (ii) of paragraph (d) of subsection (1) do not limit the generality of that paragraph or of paragraph (a) of that subsection. Section 5(1)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Rest home care defined
1: This subsection applies to services that—
a: are residential care provided for the care or support of, or to promote the independence of, people who are frail (whether because of their age or for some other reason); and
b: neither include nor are provided together with geriatric services.
2: In this Act, rest home care (or by or through a civil union or a de facto relationship)
a: in premises held out by the person providing the services as being principally a residence for people who are frail because of their age; and
b: in consideration of payment (whether made or to be made, and whether by the Crown, the people for whom the services are provided, or any other person). Section 6(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
7: Act may be applied to other health or disability services
1: The Governor-General may, by Order in Council made on the Minister's recommendation, declare health or disability services of any kind to be services to which this Act applies.
2: The Minister must not recommend the making of an order unless satisfied that—
a: service standards for services of the kind concerned are in force, or will be in force within 12 months of the commencement of the order; and
b: the order will come into force late enough to give affected providers a reasonable time to comply with the standards, and in any event no earlier than 12 months after it is made.
3: An order cannot be revoked by Order in Council; and cannot be amended by Order in Council except to correct an error or omission.
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 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Services to which Act does not apply
1: This Act does not apply to services provided in premises that are—
a: a prison within the meaning of section 3(1)
b: a residence established under section 364 Oranga Tamariki Act 1989
c: a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development.
2: This Act does not apply to services provided in any premises (other than any particular premises specified in the order as being premises to which this Act applies) that are premises of a kind for the time being declared by the Governor-General by Order in Council to be premises to which this Act does not apply.
3: An order under subsection (2) may be amended or revoked by Order in Council; but the amending or revoking order must not come into force any sooner than 12 months after it is made.
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 8(1)(a) substituted 1 June 2005 section 206 Corrections Act 2004 Section 8(1)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 8(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Providers of health care services to meet service standards
A person providing health care services of any kind must do so—
a: while certified by the Director-General to provide health care services of that kind; and
b: while meeting all relevant service standards; and
c: in compliance with any conditions subject to which the person was certified by the Director-General to provide health care services of that kind; and
d: in compliance with this Act; and
e: if the services are rest home care, or geriatric services that are hospital care, in compliance with any applicable regulations under section 53(1)(a)
10: Certification not to have effect as professional qualification
Section 9
11: Transitional arrangements for existing providers
Section 11 expired 1 October 2004 section 11(5)
12: Act binds the Crown
This Act binds the Crown.
2: Service standards, and certification and audit of providers
Service standards
13: Minister may approve service standards
1: The Minister may
2: Service standards approved 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 13(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 13(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Amendments and revocations
1: The Minister may
2: The Minister may revoke—
a: service standards approved under section 13
b: an amendment approved under subsection (1).
3: The following are secondary legislation ( see Part 3
a: an amendment approved under subsection (1):
b: a revocation under subsection (2). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Power not to be delegated
1: The Minister may not delegate the power to approve standards or amendments of standards, or the power to revoke approvals of standards or amendments of standards.
2: Subsection (1) overrides clause 5 Section 15(2) amended 7 August 2020 section 135 Public Service Act 2020
16: Status of notices
Section 16 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
17: Copies of standards to be available
Section 17 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
18: Criteria for approval of standards
1: The Minister must not approve standards for providing health or disability services of any kind unless the Minister—
a: has consulted (as required by section 20
i: whether standards contained in an existing document or documents should be approved as service standards for providing services of that kind; or
ii: what service standards for providing services of that kind should be approved; and
b: has considered the outcome of the consultation; and
c: if the Minister consulted on what service standards for providing services of that kind should be approved,—
i: in the light of the consultation, has created an initial draft of the proposed standards; and
ii: has consulted further (as required by section 20
d: is satisfied that requiring providers of services of that kind to provide them in compliance with the standards approved would be in the public interest, having regard to—
i: the extent to which compliance would be likely to ensure the safe provision of services of that kind to the public; and
ii: the likely costs to providers of compliance.
2: The Minister may consult under subsection (1)(a)(ii) by reference to an existing document or documents relating to providing health or disability services.
3: Consultation under section 24
19: Criteria for approval of amendments
1: The Minister must not approve amendments of service standards for providing health or disability services of any kind unless the Minister—
a: has consulted (as required by section 20
b: has considered the outcome of the consultation; and
c: is satisfied that requiring providers of services of that kind to provide them in compliance with the standards as amended by the amendments approved would be in the public interest, having regard to—
i: the extent to which compliance would be likely to ensure the safe provision of services of that kind to the public; and
ii: the likely costs to providers of compliance.
2: Subsection (1) does not prevent the approval of amendments that are a modified version of proposed amendments consulted on under paragraph (a) of that subsection.
3: Paragraphs (a) and (b) of subsection (1) do not apply to amendments made to service standards solely to correct an error or omission.
20: Consultation
If required by section 18 section 19 section 24
a: must make reasonable attempts to consult—
i: organisations known to the Minister to represent affected consumers; and
ii: organisations known to the Minister to represent affected providers; and
iii: all Crown entities (within the meaning of section 2(1)
iv: a reasonably representative sample of affected providers; and
v: a reasonably representative sample of affected consumers or (if the Minister thinks it more appropriate) a reasonably representative sample of people who would be entitled to consent on behalf of affected consumers to the provision of services of that kind to affected consumers; and
b: if services of that kind are usually provided by people who must be registered or licensed by, or be members of, some body established or recognised by law before they may lawfully provide services of that kind, must also consult that body.
21: Contents of standards
1: Service standards may include elements of any or all of the following kinds:
a: general statements of appropriate care delivery outcomes for providers of health care services of all kinds:
b: statements of appropriate care delivery outcomes for providers of health or disability services of any kind:
c: statements of appropriate care delivery outcomes for particular aspects of providing health or disability services of any kind:
d: statements of appropriate outcomes, procedures, or techniques for particular aspects of providing health or disability services of any kind:
e: technical recommendations or specifications for particular aspects of providing health or disability services of any kind:
f: technical recommendations or specifications for equipment, facilities, goods, or materials, used in providing health or disability services, or health or disability services of any kind:
g: in the case of hospital care or rest home care, a means by which there can be ascertained—
i: minimum numbers of nursing and other care staff who must be on duty (at any time, or at different times) in premises in which the care is being provided; and
ii: any minimum qualifications any of them must have.
2: Statements of appropriate outcomes may include either or both of the following:
a: descriptions of means for achieving those outcomes:
b: criteria for assessing whether outcomes are appropriate.
3: Subsections (1) and (2) do not limit the generality of section 13
22: Commencement of service standards
1: The following must specify the day on which they come into force:
a: a service standard approved under section 13
b: an amendment approved under section 14
c: a revocation under section 14
2: The specified day must be no earlier than 6 months after the day of the approval or revocation.
3: However, subsection (2) does not apply to—
a: approved service standards that are referred to in section 25(1)
b: approved amendments to service standards that are being made solely to correct an error or omission. Section 22 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
23: Minister may grant exemptions
1: The Minister may at any time (whether before or after the commencement of the standards concerned), by notice in the Gazette
a: exempt any person from any stated element of any stated service standards; or
b: amend or revoke any exemption.
2: The exemption—
a: must require the person to meet some other requirement stated in the notice, instead of the element concerned; and
b: may be unconditional, or subject to any conditions stated in the notice.
3: The Minister must not exempt any person from an element of any service standards (or amend the exemption of any person from an element of any service standards) unless—
a: the person has paid the prescribed fee (if any); and
b: the Minister is satisfied that—
i: there are exceptional circumstances justifying the exemption (or the exemption as amended); and
ii: the safety of affected consumers will not be compromised if the person provides services meeting only the other requirement stated in the notice (or the other requirement stated in the notice as amended) rather than that element.
4: If not earlier revoked, the exemption expires on the earliest of—
a: the day 3 years after the date of the notice granting it:
b: a day stated in the notice for the purpose:
c: the day on which the certification of the person concerned to provide health or disability services of the kind concerned expires or is cancelled.
5: For the purposes of this Act, a person exempted by a notice under this section from an element of any service standards meets the standards if the person—
a: meets—
i: the rest of the standards; and
ii: the other requirement stated in the notice instead of that element; and
b: complies with any conditions stated in the notice.
24: Standards to be reviewed regularly
1: The Minister must from time to time consult (as required by section 20
a: continue in force unamended; or
b: to encourage the providers of health care services of that kind to improve the quality of those services,—
i: be amended; or
ii: be replaced by 1 or more new sets of service standards.
2: The Minister must consult no later than 4 years after the most recent of the following days:
a: the day the approved standards
b: the day the most recent approved amendment
c: the day the most recent consultation on the standards under this section was begun. Section 24(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021
25: Previous consultation sufficient for certain initial standards
1: Paragraphs (a) to (c) of section 18(1)
a: the first standards for providing hospital care, residential disability care, and rest home care approved under this Act that relate only to infection control:
b: the first standards for providing hospital care, residential disability care, and rest home care approved under this Act that relate only to patient restraint:
c: the first standards for providing hospital care, residential disability care, and rest home care approved under this Act (not being standards that relate only to infection control or patient restraint):
d: the first standards for providing mental health services approved under this Act.
2: Until the commencement of an order under section 7(1)
a: the standards referred to in subsection (1)(d) have effect only as standards for providing mental health services provided as part of hospital care, residential disability care, or rest home care; and
b: the application of section 9 Certification of providers
26: Director-General may certify providers
1: The Director-General may, by written notice to any person, certify the person to provide health care services of any kind.
2: The notice must state—
a: the name of the person; and
b: the kind or kinds of health care services to which it relates; and
c: the day on which it takes effect; and
d: any conditions subject to which the person is certified to provide the services; and
e: the day on which it expires.
27: Criteria for certification
1: The Director-General must certify a person to provide health care services of any kind if, and only if,—
a: the person has—
i: applied in writing to the Director-General to be certified to provide health care services of that kind; and
ii: paid to the Director-General the fee (if any) prescribed for certification to provide health care services (or health care services of that kind); and
b: an auditing agency has given the Director-General a copy of a recent audit report on the provision of health care services of that kind by the person; and
c: the Director-General is satisfied that the person meets relevant service standards that—
i: are already in force; or
ii: will be in force on the day on which the notice certifying the person to provide health care services of that kind takes effect.
2: For the purposes of satisfying himself or herself that the person meets the service standards, the Director-General—
a: is entitled to rely on the audit report; but
b: may have regard to any other relevant matter.
28: Conditions
1: Conditions stated under section 26(2)(d)
2: The conditions may include—
a: requirements that the person concerned must obtain audit reports on the provision of the services concerned at stated dates or intervals:
b: requirements that the person concerned must at stated dates or intervals—
i: assess its provision of the services concerned; and
ii: prepare, and give to the Director-General, a report on the results of its assessment:
c: requirements that, on written demand by the Director-General, the person concerned must give the Director-General, in writing,—
i: any information about the person's provision of the services concerned (or any of them) the Director-General reasonably requires; or
ii: any information about the person's provision of the services concerned (or any of them) stated in the notice:
d: requirements that the person concerned must keep the Director-General informed of who the person's auditing agency is.
3: Subsection (2) does not limit the generality of subsection (1).
29: Expiry of certification
1: The day on which a notice under section 26
2: The Director-General must not decide a day more than 3 years after the notice takes effect unless—
a: the person concerned is already certified to provide health care services of the kind concerned; and
b: the Director-General is satisfied that the person has been improving, and is likely to continue to improve, the quality of the health care services of that kind provided by the person.
3: Unless earlier cancelled, a person's certification to provide health care services of any kind expires on the day on which the notice certifying the person to provide health care services of that kind expires.
4: In order to enable a person already certified to provide health care services of any kind to continue to provide those services,—
a: the Director-General may again certify the person to provide health care services of that kind before the existing certification expires; and
b: in relation to the new certification, the Minister may under section 23
30: Cancellation of certification
1: The Director-General must cancel the certification of a person to provide health care services of any kind if satisfied that—
a: the person does not meet the relevant service standards (whether because the quality of the services provided by the person has changed, or because the standards have been amended or replaced); or
b: there are no longer in force service standards for providing health care services of that kind; or
c: the person has asked the Director-General in writing to cancel it.
2: The Director-General may cancel the certification of a person to provide health care services of any kind if—
a: the Director-General has cancelled the designation of the auditing agency that prepared the audit report on the provision by the person of health care services of that kind most recently sent to the Director-General; and
b: the Director-General has given the person a notice in writing, stating that the designation has been cancelled and explaining the effect of this subsection, and asking the person to do 1 or more of the following things:
i: send to the Director-General a copy of the most recently prepared audit report on the person's provision of health care services of that kind:
ii: obtain a new audit report from another auditing agency on the person's provision of health care services of that kind, and send a copy to the Director-General:
iii: arrange to obtain, at the time when an audit report will be required in any event, an audit report from another auditing agency on the person's provision of health care services of that kind, and tell the Director-General in writing the name of the new agency:
iv: give the Director-General, in writing, any information relating to the person's provision of health care services of that kind the Director-General asks for; and
c: more than 3 months has passed since the person was given the notice, and the person has failed or refused to comply with it.
3: The Director-General may cancel the certification of a person to provide health care services of any kind if,—
a: having made reasonable efforts to do so, the Director-General has not been able to satisfy himself or herself that the person meets the relevant service standards; or
b: the Director-General is satisfied that the person has failed or refused to comply with—
i: a provision of this Act other than section 9
ii: a condition subject to which the person is certified to provide services of that kind; or
iii: a requirement or condition stated in a notice under section 23
iv: if the services are rest home care, or geriatric services that are hospital care, any applicable regulations under section 53(1)(a)
4: Subsection (2) does not limit the circumstances in which the Director-General may cancel the certification of a person to provide health care services of any kind under subsection (3)(a).
5: The cancellation of a person's certification must be effected by written notice to the person, stating—
a: the name of the person; and
b: the kind or kinds of health care services to which it relates.
31: Providers to give Director-General certain information
1: The Director-General must not certify a person to provide health care services of any kind unless the person has given the Director-General—
a: written notice of the name, address, and telephone number of a person who is for the time being the person whom the Director-General should contact about the services; and
b: if the services are to be provided at fixed locations, written notice of the locations.
2: A certified provider must promptly give the Director-General written notice of all changes in the name, address, or telephone number of the person who is for the time being the person whom the Director-General should contact about the services.
3: A certified provider must promptly give the Director-General written notice of any new fixed location at which the services are being provided.
4: A certified provider must promptly give the Director-General written notice,—
a: in the case of a body corporate (other than Health New Zealand Charitable Trusts Act 1957
b: in the case of a Trust Board incorporated under the Charitable Trusts Act 1957, of any change in its membership:
c: in the case of any other trust, of any change in the trustees:
d: in the case of a partnership, of any change in the partners.
5: A person certified to provide health care services of any kind must promptly give the Director-General written notice of—
a: any incident or situation (for example, a fire, flood, or failure of equipment or facilities) that has put at risk, may have put at risk, puts at risk, or may be putting at risk the health or safety of people for whom the person was or is providing the services; and
b: any investigation commenced by a constable
c: any death of a person to whom the person was providing the services, or occurring in any premises in which they were provided, that is required to be reported to a coroner under the Coroners Act 2006
6: For the purposes of subsection (5)(c), a coroner includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006 Section 31(4)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 31(5)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 31(5)(c) amended 1 July 2007 section 146 Coroners Act 2006 Section 31(6) inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Auditing agencies
32: Director-General may designate persons to audit providers
1: The Director-General may, by notice in the Gazette
2: The notice must state any conditions subject to which the designation is given.
33: Criteria for designating external agencies
The Director-General must designate a person who is not an employee of the Ministry to audit the provision of health care services of any kind by certified providers if, and only if,—
a: the person has—
i: applied in writing to the Director-General to be designated to audit the provision of services of that kind by certified providers; and
ii: paid to the Director-General the fee (if any) prescribed for designation to audit the provision of services of that kind; and
b: the Director-General is satisfied that the person—
i: has the technical expertise to audit the provision of services of that kind; and
ii: has in place effective systems for auditing the provision of services of that kind; and
iii: has in place effective arrangements to avoid or manage any conflicts of interest that may arise in auditing the provision of services of that kind; and
iv: will administer those systems and arrangements properly and competently, and in compliance with any conditions subject to which the designation is given; and
v: will comply with this Act.
34: Criteria for designating employees of Ministry
1: The Director-General must designate an employee of the Ministry to audit the provision of health care services of any kind by certified providers if, and only if, satisfied that—
a: it is necessary or desirable to do so to enable providers or prospective providers who cannot find a convenient or appropriate auditing agency to audit their provision or likely future provision of health care services of any kind; and
b: the Ministry—
i: has in place effective systems for auditing the provision of services of that kind; and
ii: has in place effective arrangements to avoid or manage any conflicts of interest that may arise in auditing the provision of services of that kind; and
c: the person—
i: has the technical expertise to audit the provision of services of that kind; and
ii: will administer those systems and arrangements properly and competently, and in compliance with any conditions subject to which the designation is given; and
iii: will comply with this Act.
2: An auditing agency who is an employee of the Ministry may refuse to audit the provision of health care services by any person unless the person has paid the prescribed fee (if any).
35: Modification of designation
1: The Director-General may from time to time, by notice in the Gazette section 32(1)
a: by revoking or amending any condition to which the designation it effects is subject; or
b: by making the designation it effects subject to a new condition; or
c: to correct an error or make a minor or technical adjustment.
2: The amendment comes into force on a day specified in the notice.
36: Agency to give Director-General copy of audit report
Promptly after giving a certified provider or prospective provider an audit report, an auditing agency must give a copy to the Director-General.
37: Cancellation of designation
1: The Director-General may at any time, by notice in the Gazette section 32(1)
a: if no longer satisfied (or unable, after making reasonable efforts, to obtain from the agency enough evidence to continue to be satisfied) of the matters stated in section 33(b)
b: if satisfied that the agency has, without reasonable excuse, failed or refused to comply with—
i: a provision of this Act; or
ii: a condition to which the designation was subject; or
c: if asked by the agency in writing to do so.
2: The Director-General may at any time, by notice in the Gazette section 32(1)
3: The cancellation takes effect—
a: on a day stated in the notice; or
b: if no day is stated in the notice, on the day after the date on which the notice is published in the Gazette
38: Expiry of designation
1: The designation of an auditing agency under section 32(1)
2: The designation under section 32(1)
39: Procedure for cancelling private agency's designation
1: Before cancelling the designation of an auditing agency other than an employee of the Ministry, the Director-General must—
a: give the agency written notice of—
i: the reasons for proposing to cancel it; and
ii: the fact that the agency has a reasonable time within which to show that it should not be cancelled; and
b: give the agency a reasonable time within which to show that the designation should not be cancelled; and
c: consider any arguments and evidence advanced by the agency during that reasonable time that may tend to show that the designation should not be cancelled.
2: Promptly after cancelling the designation of an auditing agency that is not an employee of the Ministry, the Director-General must make reasonable efforts to give certified providers known to the Director-General to have had audit reports prepared by the agency written notice of—
a: the cancellation and the reasons for it; and
b: the effect of section 30(2)
3: Enforcement
Inspection of places
40: General right to inspect places
1: An authorised person who believes on reasonable grounds that health care services are being provided in any place may at any reasonable time exercise any of the powers in section 42(1)
a: whether health care services are in fact being provided there:
b: whether health care services being provided there are being provided in compliance with section 9
c: whether health care services being provided there are being provided in a safe and satisfactory manner:
d: whether the place is safe and sanitary:
e: whether the provision of health care services there has been satisfactorily audited by an auditing agency.
2: An authorised person who believes on reasonable grounds that there is in any place any document, equipment, or device relating to, or used or to be used in relation to, the provision of health care services in any other place may at any reasonable time exercise any of the powers in section 42(1)
a: whether health care services are in fact being provided in the other place:
b: whether health care services being provided in the other place are being provided in compliance with section 9
c: whether health care services being provided in the other place are being provided in a safe and satisfactory manner:
d: whether the other place is safe and sanitary:
e: whether the provision of health care services in the other place has been satisfactorily audited by an auditing agency.
41: Right to monitor certain places
1: In addition to the powers stated in paragraphs (b) to (e) of section 42(1) section 40(1)(a)
a: by a person not certified by the Director-General to provide services of that kind; or
b: in contravention of a cessation order or a closing order.
2: The powers of an authorised person referred to in subsection (1) are the powers to—
a: remain in the place for as long as he or she wishes, in any part or parts of the place he or she wishes to be in; and
b: inspect, investigate, supervise, or watch, any thing, process, or transaction in the place he or she wishes; and
c: record (by audio, film, photograph, video, or any other means of recording) any thing, process, situation, or transaction in the place he or she wishes.
42: Powers of authorised persons
1: The powers referred to in section 40
a: enter and inspect the place:
b: inspect any equipment or device in the place believed on reasonable grounds to be, have been, or be intended to be used in the provision of health care services (whether in the place or elsewhere):
c: take possession of and remove any equipment or device inspected:
d: inspect any document in the place believed on reasonable grounds to relate to the provision of health care services (whether in the place or elsewhere):
e: take or make copies of, or of extracts from, any document inspected; and for that purpose—
i: take possession of and remove the document from the place, for any reasonable period:
ii: in the case of a document stored otherwise than on paper, take any reasonable steps to reproduce, in usable form, any or all of the information in it.
2: An authorised person exercising powers under subsection (1) or section 41(2) constable Section 42(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
43: Requirement to answer questions
1: In exercising any of the powers conferred by section 42
a: ascertaining whether the health or safety of people for whom health care services are or may be provided may be at risk; or
b: safeguarding the health or safety of people for whom health care services are or may be provided; or
c: exercising those powers.
2: The person is not required to answer the question if the answer may tend to incriminate him or her.
44: Search warrants
1: An authorised person may not under section 42(1)(a)
a: with the consent of an occupier; or
b: pursuant to a search warrant under this section.
2: A District Court Judge, a Justice, or a court Registrar who is not a constable
a: they are being provided otherwise than in compliance with section 9
b: they are being provided in an unsafe or insanitary manner; or
c: the dwellinghouse is (or the other place is) unsafe or insanitary.
3: The warrant must be in the form Section 44(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
45: Warrant to be produced
An authorised person executing a search warrant in respect of any premises must produce it on initial entry, and if asked by an occupier, at any time afterwards.
46: Other duties of authorised persons inspecting premises
An authorised person exercising powers under sections 41 to 43
a: if a person in charge of the place concerned is present on initial entry, must identify himself or herself to the person in charge; and
b: if asked by a person in charge of the place concerned to do so, must produce evidence of identity, evidence of his or her appointment as an authorised person, or both.
47: Notice of entry
1: If, when powers are exercised in any place under section 41 section 42
a: the day and time of entry:
b: the purpose of entry:
c: the name and business telephone number of the authorised person:
d: an address at which enquiries can be made.
2: If the authorised person removed any document, the notice must also contain, or have attached to it, a list of all documents taken, stating where they are being held (and if they are being held in 2 or more places, stating which documents are being held in which place).
47A: Crimes of Torture Act 1989 not limited
Nothing in this Act limits the operation of Part 2 Section 47A inserted 5 December 2006 section 10 Crimes of Torture Amendment Act 2006 Cessation and closing orders
48: Director-General may issue cessation orders
1: The Director-General may have served on any person (the provider
a: services of that kind are being provided, by the provider or under the provider's control,—
i: otherwise than in compliance with section 9
ii: in an unsafe or insanitary manner; or
b: the provider or a person providing health care services under the provider's control has at any time—
i: been convicted of an offence against this Act; or
ii: been convicted of an offence punishable by imprisonment; or
iii: been adjudged bankrupt under the Insolvency Act 2006
iv: become the subject of an order under section 383
c: there is in force in respect of the provider or a person providing health care services under the provider's control an order under the Protection of Personal and Property Rights Act 1988
2: The order must be signed by the Director-General; and must state—
a: why it has been served; and
b: the day on which it takes effect; and
c: that the provider may challenge it in the District Court section 51
3: Unless the Director-General is satisfied that it is necessary in the public interest for the order to take effect earlier, the day on which it takes effect must be at least 21 days after the day on which it is served.
4: The Director-General must take all reasonable steps to ensure that, promptly after the order is served, written notice of the matters stated in subsection (5), and oral notice of those matters in terms appropriate to the abilities and condition of the person given the notice, is given—
a: to every person for whom the provider has currently been providing health care services of the kind concerned (the patient
b: unless that patient's abilities and condition make it unnecessary to do so, to—
i: a person who has been nominated to the provider as the person to be notified in the case of an emergency involving the patient; or
ii: if no person has been nominated or the nominated person cannot immediately be ascertained or found, a member of the patient's family or whanau.
5: The matters are—
a: the fact that the order has been served; and
b: why it was served; and
c: if it was served because the Director-General was satisfied that health care services of the kind concerned were being provided otherwise than in compliance with section 9 Section 48(1)(b)(iii) amended 3 December 2007 section 445 Insolvency Act 2006 Section 48(2)(c) amended 1 March 2017 section 261 District Court Act 2016
49: Director-General may issue closing orders
1: The Director-General may have served on any person (the provider
a: health care services are being provided in the place—
i: otherwise than in compliance with section 9
ii: in an unsafe or insanitary manner; or
b: the place is unsafe or insanitary; or
c: the provider or a person providing health care services in the place under the provider's control has at any time been—
i: convicted of an offence against this Act; or
ii: convicted of an offence punishable by imprisonment; or
iii: adjudged bankrupt under the Insolvency Act 2006
d: there is in force in respect of the provider or a person providing health care services in the place under the provider's control an order under the Protection of Personal and Property Rights Act 1988
2: The order must be signed by the Director-General; and must state—
a: the place to which it relates; and
b: why it has been served; and
c: the day on which it takes effect; and
d: that the provider may challenge it in the District Court section 51
3: Unless the Director-General is satisfied that it is necessary in the public interest for the order to take effect earlier, the day on which it takes effect must be at least 21 days after the day on which it is served.
4: The Director-General must take all reasonable steps to ensure that, promptly after the order is served, written notice of the matters stated in subsection (5), and oral notice of those matters in terms appropriate to the abilities and condition of the person given the notice, is given—
a: to every resident of the place concerned for whom health care services were being provided in the place; and
b: to—
i: a person who has been nominated to the provider as the person to be notified in the case of an emergency involving the resident; or
ii: if no person has been nominated or the nominated person cannot immediately be ascertained or found, a member of the resident's family or whanau.
5: The matters are—
a: the fact that the order has been served; and
b: why it was served; and
c: if it was served because the Director-General was satisfied that health care services were being provided in an unsafe or insanitary manner, or because the Director-General was satisfied that the place concerned was unsafe or insanitary, describing in general terms the alleged deficiencies on which the Director-General relied. Section 49(1)(c)(iii) amended 3 December 2007 section 445 Insolvency Act 2006 Section 49(2)(d) amended 1 March 2017 section 261 District Court Act 2016
50: Director-General may revoke cessation or closing order
The Director-General may revoke a cessation order or a closing order if satisfied that—
a: the reasons for which it was issued no longer apply; and
b: it is unlikely that those reasons will apply again in the short term; and
c: there are no other reasons that would justify the issue of a cessation order or a closing order in respect of the person or place concerned.
4: Miscellaneous
Appeals
51: Rights of appeal
1: A person may appeal to the District Court section 30
2: An auditing agency may appeal to the District Court section 37(1)
3: A person in respect of whom a cessation order or a closing order is served may appeal to the District Court
4: An appeal against a cessation order or a closing order must be brought within 14 days after it is served.
5: The court's decision is final. Section 51(1) amended 1 March 2017 section 261 District Court Act 2016 Section 51(2) amended 1 March 2017 section 261 District Court Act 2016 Section 51(3) amended 1 March 2017 section 261 District Court Act 2016
52: Suspension of cancellation or order
1: At any time after an appeal against the cancellation of a person's certification to provide health care services of any kind has been lodged, the District Court may suspend the cancellation until the appeal has been disposed of, if (and only if) it is satisfied that it is not necessary in the public interest for the person to be prevented from providing health care services of that kind until then.
2: At any time after an appeal against a cessation order or a closing order has been lodged, the District Court may suspend the operation of the order until the appeal has been disposed of, if (and only if) it is satisfied that it is not necessary in the public interest for the person to be prevented from providing health care services of the kind concerned or (as the case may be) using the place concerned until then.
3: A suspension may be unconditional, or subject to any conditions the court thinks fit.
4: The court may at any time cancel the suspension.
5: Except as provided in subsections (1) and (2),—
a: the lodging of an appeal against the cancellation under section 30
b: the lodging of an appeal against a cessation order or a closing order does not affect the operation of the order.
6: The lodging of an appeal against the cancellation under section 37(1) Regulations
53: Regulations
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: prescribing in respect of services that are rest home care, or geriatric services that are hospital care, a means by which there can be ascertained—
i: minimum numbers of nursing and other care staff who must be on duty (at any time, or at different times) in premises in which the care is being provided; and
ii: any minimum qualifications any of them must have:
b: prescribing fees for the purposes of this Act, or a means by which fees for the purposes of this Act may be calculated or ascertained:
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: While there are in force service standards for providing health care services of any kind that state minimum levels of staffing in premises in which services of that kind are being provided, regulations under subsection (1)(a) do not apply in respect of services of that kind.
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 53(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Offences
54: Offences
1: Every person commits an offence, and is liable on
a: provides health care services otherwise than in compliance with section 9
b: provides health care services of any kind, or controls the provision of health care services of any kind, while a cessation order relating to the provision of health care services of that kind by that person or under that person's control is in effect; or
c: provides health care services in any premises, or controls the provision of health care services in any premises, while a closing order relating to the premises is in effect.
2: Every person commits an offence, and is liable on
a: intentionally obstructs, hinders, or resists an authorised person exercising or attempting to exercise powers under any of sections 41 to 43
b: intentionally fails to answer a question (other than a question whose answer may tend to incriminate the person) asked by an authorised person under section 43
c: when asked a question by an authorised person under section 43, gives an answer the person knows to be false or misleading. Section 54(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
55: Burden of proof in relation to certain matters
In any proceedings for an offence against section 54
a: that at any time a person was certified by the Director-General to provide health care services of any kind:
b: that a person who was in any premises for a continuous period of 24 hours or longer was not then provided with health care services:
c: that at any time premises in which hospital care services were provided were a licensed hospital within the meaning of section 118 of the Hospitals Act 1957:
d: that at any time premises in which residential disability care was provided were a home registered or deemed to be registered under Part 2
e: that at any time rest home care was provided in a home within the meaning of the Old People's Homes Regulations 1987:
f: that at any time rest home care was provided under the authority and in accordance with the terms of a licence granted under the Old People's Homes Regulations 1987. 1957 No 40 s 146
56: Defence for certain agents, contractors, employees, and officers
It is a defence in any proceedings for an offence against section 54(1)
a: in the case of an offence against paragraph (a), did not know that the services were provided otherwise than in compliance with section 9
b: in the case of an offence against paragraph (b), did not know that a cessation order relating to the provision of health care services of that kind by that person or under that person's control was in effect:
c: in the case of an offence against paragraph (c), did not know that a closing order relating to the place concerned was in effect. Limitations on licensing and registration Heading expired 1 October 2004 section 57(4)
57: Limitations on licensing and registration after 30 September 2002
Section 57 expired 1 October 2004 section 57(4) Amendments, repeals, revocations, and savings
58: Consequential amendments
1: The enactments specified in Schedule 2
2: The following enactments are consequentially repealed:
a:
b: Amendment(s) incorporated in the Act(s).
3: The Orders in Council specified in Schedule 3
4: For the purposes of this subsection and the amendments effected by subsections (1) and (3), unless the context otherwise requires,— hospital care institution
a: means premises used to provide hospital care, in accordance with section 9
b: at a time before 1 October 2004, includes a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957) hospital care operator
a: means a person for the time being in charge of providing hospital care, in accordance with section 9
b: at a time before 1 October 2004, includes the licensee of a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957) residential disability care institution
a: means premises used to provide residential disability care, in accordance with section 9
b: at a time before 1 October 2004, includes a home registered under Part 2 residential disability care operator
a: means a person for the time being in charge of providing residential disability care, in accordance with section 9
b: at a time before 1 October 2004, includes the controlling authority of a home registered under Part 2 rest home
a: means premises used to provide rest home care, in accordance with section 9
b: at a time before 1 October 2004, includes a home (within the meaning of the Old People's Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations rest home operator
a: means a person for the time being in charge of providing rest home care, in accordance with section 9
b: at a time before 1 October 2004, includes the licensee of a home (within the meaning of the Old People's Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations.
5: The Orders in Council amended by subsection (3) may be amended or revoked as if the amendments effected by that subsection had been effected by Order in Council. Section 58(2)(a) repealed 18 September 2004 section 175(4) Health Practitioners Competence Assurance Act 2003
59: Repeals and revocations
1: The enactments specified in Schedule 4
2: Amendment(s) incorporated in the Act(s)
3: The regulations, orders, and notices specified in Schedule 5
60: Savings
1: The repeal by section 59(1) section 6
2: The Health Reforms (Transitional Provisions) Act Commencement Order 1997 section 26
3: Subsection (2) is for the avoidance of doubt.
61: Statutory references to psychiatric hospitals
After 30 September 2002, a reference to a psychiatric hospital in an enactment must be read as a reference to a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
a: psychiatric hospital is defined in or for the purposes of the enactment; or
b: the reference is part of a provision referring to Part 5 of the Hospitals Act 1957. |
DLM121266 | 2001 | Citizenship Amendment Act (No 2) 2001 | 1: Title
1: This Act is the Citizenship Amendment Act (No 2) 2001.
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.
1: Amendments to principal Act
3: Special provisions relating to parentage
1: Section 3(2) paragraph (a)
aa: he or she has been legally adopted by that citizen, in Niue, Tokelau, or the Cook Islands, by an adoption order that has the same operation and effect as an adoption order made under the Adoption Act 1955 .
2: Section 3(2) Adoption Act 1955 (or in accordance with the law relating to the discharge of adoption orders in Niue, Tokelau, or the Cook Islands)
4: Citizenship by birth
Section 6(4)(b) subparagraph (ii)
iia: a person working overseas for the public service of Niue, Tokelau, or the Cook Islands; or .
5: Citizenship by descent
Section 7 subsection (2)
2: A person who is a New Zealand citizen by virtue of subsection (1)
6: Citizenship by grant
1: Section 8 subsection (4)
4A: The Minister may, after consultation with the Minister of Immigration, waive the requirement in subsection (2)(b)
2: Section 8
6: The intention referred to in subsection (2)(f)(i)
7: Grant of citizenship to spouse of New Zealand citizen
Section 8A
4: The Minister may, after consultation with the Minister of Immigration, waive the requirement in subsection (2)(b)
8: Grant of citizenship as of right in certain cases
Section 10 subsection (2)
2: This section does not apply to a person who has previously been deprived of New Zealand citizenship by order under section 16 or section 17 section 15
9: Renunciation of citizenship
Section 15
4: A person who has ceased to be a New Zealand citizen under this section may regain New Zealand citizenship only by way of a grant of citizenship under section 8 or section 8A or section 9
2: Reinstatement of lapsed citizenship
10: Reinstatement of lapsed citizenship by descent
The citizenship of any New Zealand citizen by descent that has lapsed under section 7(2) |
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 |
DLM113300 | 2001 | National Parks Amendment Act 2001 | 1: Title
1: This Act is the National Parks Amendment Act 2001.
2: In this Act, the National Parks 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: Existing national parks
Section 6
4: By virtue of Order in Council dated 3 April 2000 ( Gazette |
DLM115492 | 2001 | Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 | 1: Title
This Act is the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001.
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: New
section BD 2A Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
5: Non-profit bodies and charities exempt income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
6: Exempt income--certain aircraft operators
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
7: Land transactions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
8: Meaning of term dividends
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
9: Exclusions from term dividends
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
10: Calculation and attribution of controlled foreign company repatriation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
11: Benefit from share option or purchase schemes
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
12: Interpretation
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: Application of other provisions to fringe benefit tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
15: Income from minerals, timber or flax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
16: Primary producer co-operative companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
17: Calculation of actuarial reserves
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
18: Specified suspensory loans
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
19: Grant-related suspensory loans
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
20: Certain deductions not allowed--rents, interest and premises
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
21: Section DF 2 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
22: Contributions to employees' superannuation schemes
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
23: Pensions payable to former employees
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
24: Retiring allowances payable to employees
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
25: Payments to employees or former employees while on naval, military or air service
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
26: Limitation on deduction for expenditure on specified types of entertainment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
27: Use of actual records to establish business use proportion of motor vehicle
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
28: Allowable deductions of building societies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
29: Deduction to Maori authorities for donations to Maori associations
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
30: Expenditure incurred by superannuation funds
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
31: Expenditure by group investment fund
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
32: New
sections DI 3B and DI 3C Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
33: Certain deductions not allowed--bad debts, share losses and indemnities
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
34: Deduction from estate income of irrecoverable book debts
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
35: Chatham Island dues
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
36: Patent expenses
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
37: Misappropriation by partner of property entrusted to partnership
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
38: Misappropriation by employees and other persons for the purposes of business of taxpayer
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
39: Expenditure on scientific research
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
40: New sections DJ 9A and DJ 9B inserted
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
41: Expenditure to prevent or combat pollution of environment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
42: Expenditure incurred in borrowing money or obtaining lease
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
43: Expenditure on acquiring land
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
44: Cost of timber
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
45: Forestry business carried on by company on land acquired partly from Crown, partly from Maori owners and partly from holding company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
46: Expenditure in respect of forestry encouragement agreements under Forestry Encouragement Act 1962
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
47: Treatment of petroleum mining exploration and development expenditure
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
48: Companies engaged in exploring for, searching for, or mining certain minerals
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
49: Amounts from sale of mining shares by companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
50: Companies holding shares in mining companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
51: Expenditure on land improvements used for farming or agriculture
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
52: Farmers' expenditure on tree planting
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
53: Capitalisation of mortgage interest
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
54: Section EC 1 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
55: Treatment of interest under
Part 7 of Tax Administration Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
56: Reassessments
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
57: Depreciation of depreciable property that can no longer be used
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
58: Additional depreciation in respect of certain new assets acquired or improvements made between 16 December 1991 and 1 April 1994
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
59: Supplementary depreciation allowance for plant and machinery used in 2 and 3 shift industries
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
60: Disposition of depreciable property
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
61: Post facto adjustment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
62: Relationship with rest of Act
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
63: Relationship with rest of Act
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
64: Rules for non-market transactions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
65: Relationship with rest of Act
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
66: Sale for no consideration or for consideration less than market price
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
67: Adjustment in certain circumstances
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
68: Deposits to be allowed as deduction
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
69: General provisions as to refunds
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
70: Deposits to be allowed as deduction
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
71: Valuation elections, and limitations on elections, for specified livestock
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
72: Valuation of bloodstock
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
73: Bloodstock used as a racehorse
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
74: Payments received for non-compliance with covenant to repair
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
75: Sums received from sale of patent rights
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
76: Payment for non-compliance with covenant to repair
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
77: Timing of deduction for payment made when restrictive covenant breached
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
78: Depreciation deduction for assets acquired by taxpayer from an associated person before a certain date
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
79: Income derived from disposal of trading stock together with other assets of a business
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
80: Section FB 6 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
81: Floating rate of interest on debentures
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
82: Share dealing
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
83: Revised assessments where assets purchased and resold after deduction of payments under lease
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
84: Effect of specified lease on lessor and lessee
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
85: Income of lessor under specified lease
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
86: Purchase and sale of lease asset by lessee or associated person
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
87: Part year accounts and part year net income allocation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
88: Special provisions relating to dispositions of property
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
89: Land
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
90: Leased assets
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
91: Depreciable property
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
92: Mining assets
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
93: Apportionment of interest deductions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
94: Treatment of specified leases and interest expense
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
95: Mode of elections
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
96: Rule for calculating group excess interest allocation amount
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
97: Deduction for dividends paid on certain preference shares
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
98: Attribution rule for personal services
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
99: Attribution rule--calculation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
100: Imputation—arrangement to obtain a tax advantage
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
101: Sale of trading stock for inadequate consideration
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
102: Distribution of trading stock to shareholders of company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
103: Leases for inadequate rent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
104: Cross-border arrangements between associated persons
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
105: New
section GZ 2 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
106: Returns, assessments and liability of consolidated group
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
107: Taxable income to be calculated generally as if group were single company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
108: Special partnerships
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
109: Group investment funds
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
110: Profits of mutual associations in respect of transactions with members
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
111: Liability of electing shareholder for income tax of company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
112: Taxation of shareholders in qualifying companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
113: Interpretation
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
114: Trustee income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
115: Tax in respect of Maori Authorities with more than 20 beneficiaries
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
116: Section HK 1 replaced
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
117: Rate and amount of tax payable by agent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
118: Liability of principal not affected
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
119: Agents to be personally liable for payment of tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
120: Guardian of person under disability to be agent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
121: Liability of mortgagee in possession
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
122: Company deemed agent of debenture holders
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
123: Modification of agency provisions in respect of gross income from company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
124: Liability of agent of absentee principal for returns and tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
125: Partner of absentee deemed agent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
126: Master of ship deemed agent of absentee owner
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
127: Tenant, mortgagor or other debtor to be agent of absentee landlord, mortgagee or other creditor
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
128: Person having disposal of income deemed agent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
129: Liability as agent of employer of non-resident taxpayer and employer's agent
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
130: Non-resident trader to be agent of employees in New Zealand
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
131: Agents in New Zealand of principals resident abroad
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
132: Net losses may be offset against future net income
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
133: Net losses may be used to pay penalties
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
134: Losses of mining companies and petroleum miners
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
135: Proportionate adjustment to rebates on change of return date
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
136: Low income rebate
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
137: Rebate in certain cases for children
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
138: Transitional tax allowance
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
139: Rebate in certain cases for housekeeper
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
140: Rebate for gifts of money
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
141: New section KD A1 inserted
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
142: Rules for Part KD credit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
143: Rules for family tax credit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
144: Allowance of credit of tax in end of year assessment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
145: Rebate for interest on home vendor mortgages
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
146: Rebate for savings in special farm, fishing vessel and home ownership accounts
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
147: Credit of tax for imputation credit
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
148: 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
149: Recovery of excess credit allowed through not taking into account refund of foreign tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
150: Foreign tax credits--controlled foreign companies
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
151: Dividend paid without deduction in full of foreign tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
152: United Kingdom tax on dividends
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
153: Foreign tax credits of consolidated group members
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
154: Tax deductions to be credited against tax assessed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
155: Resident withholding tax deductions to be credited against income tax assessed
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
156: Credit of tax for dividend withholding payment credit in hands of shareholder
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
157: Interest paid in conduit financing arrangements
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
158: Amount of provisional tax payable
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
159: Election to be a provisional taxpayer
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
160: Terminal tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
161: Refund of excess tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
162: Credits arising to imputation credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
163: Debits arising to imputation credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
164: Further tax payable where end of year debit balance or when company ceases to be imputation credit account company
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
165: Determinations by Commissioner as to credits and debits arising to policyholder credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
166: Determinations by Commissioner as to credits and debits arising to imputation credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
167: Use of credit to reduce dividend withholding payment, or use of debit to satisfy income tax liability
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
168: Determinations by Commissioner as to credits and debits arising to branch equivalent tax account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
169: Use of consolidated group credit to reduce dividend withholding payment or use of group or individual debit to reduce income tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
170: Determinations by Commissioner as to credits and debits arising to dividend withholding payment credit account
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
171: Correction by Commissioner of credits and debits
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
172: New
sections MZ 5 and MZ 6 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
173: New section MZ 7 inserted
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
174: Payment of tax deductions to Commissioner
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
175: Assessment and payment of tax
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
176: Payment of fringe benefit tax--final quarter of income year
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
177: Payment of deductions of resident withholding tax to Commissioner
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
178: Certificates of exemption
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
179: Payment of deductions of non-resident withholding tax to Commissioner
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
180: Payment and recovery of dividend withholding payment etc
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
181: Dividend withholding payments and consolidated groups
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
182: Definitions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
183: Modifications to measurement of voting and market value interests in case of continuity provisions
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
184: Further definitions of associated persons
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
185: Commission agency contracts performed out of New Zealand
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
186: References to particular regimes in former Act, etc
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
187: Consequential changes to sections resulting from taxpayer assessment
Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004
2: Amendments to Tax Administration Act 1994
188: Tax Administration Act 1994
This Part amends the Tax Administration Act 1994
189: Interpretation
1: This section amends section 3(1)
2: The following definitions are repealed: assessment determination determination of net loss determination of net loss carried forward foreign tax New Zealand tax
3: In paragraph (a) deferrable tax by the Commissioner on a due date
4: In paragraph (b) notice of proposed adjustment section 89D either section 89D or section 89DA
5: In the definition of period of deferral
a: in paragraph (a) or the Commissioner the taxpayer
b: in paragraph (b) specified in the notice of assessment
6: After paragraph (b) response period
ba: the date fixed by the taxpayer on their notice of assessment, if the taxpayer fixes a date allowed by section 92
7: In the definition of taxpayer's tax position
a: in paragraph (a) subparagraph (i) Unless paragraph (b)
b: paragraph (b)
8: Subsections (3) to (6) (7)(a)
9: Subsections (2) (7)(b)
190: Taxpayer's tax obligations
1: In section 15B paragraph (a)
aa: if required under a tax law, make an assessment:.
2: Subsection (1)
191: New section 32D inserted
1: After section 32C
32D: Disclosure requirements for purpose of continuity provisions and qualifying unit trusts
1: Upon the request of a trustee of a qualifying unit trust, a unit holder of the qualifying unit trust must provide the trustee with a written statement of persons associated with the unit holder.
2: A request must be made in writing.
3: A unit holder who receives a request must provide the statement no later than 20 working days after the date on which the request is made.
4: The trustee is entitled to rely on the statement as being correct, and the statement is treated as being correct, unless the trustee has reasonable grounds for believing that the statement provided is not correct.
2: Subsection (1)
192: Section 33 replaced
1: Section 33
33: Annual returns of income by taxpayers
1: In an income year, a taxpayer, other than a taxpayer to whom section 33A
2: A return must contain a notice of the assessment required to be made under section 92
2: Subsection (1)
193: Annual income tax returns not required
1: In section 33A(2)(n) to determine their income tax liability
2: In the section heading to section 33A income tax returns returns of income
3: Subsections (1) (2)
194: Consequential adjustments on change in return date
1: Section 39(3)
3: If a return of income has been made to a date other than 31 March in an income year, the assessment in relation to the return is to be treated as made to that date and not to the 31 March nearest to that date.
2: In section 39(4) or additional assessments
3: Subsections (1) (2)
195: Returns by person claiming housekeeper or charitable rebates
1: Section 41A(6)
2: Section 41A(6AA)
6AA: The Commissioner may, in special circumstances, accept an application for a refund before the end of the income year to which the application relates.
3: In section 41A(8) assessable and
4: Subsection (1)
5: Subsection (2)
6: Subsection (3)
196: Section 43 replaced
1: Section 43
43: Income tax returns and assessments by executors or administrators
1: The executor or administrator of a deceased taxpayer must furnish the same returns of income and make the same assessments that the taxpayer was required to furnish or make, or would have been required to furnish or make, if the taxpayer had remained alive.
2: The Commissioner may from time to time require the executor or administrator to furnish such further returns of income for the deceased taxpayer as the Commissioner considers necessary.
3: Income tax assessed in respect of a deceased taxpayer, whether or not under subsection (1)
4: Part IIIA and section 33A(1)
2: Subsection (1)
197: Commissioner may in certain cases demand special returns and make special assessments
1: In section 44(5) any such assessment of taxable income is made an assessment is made under this section
2: In section 44(6) in respect of the taxable income of the person during for
3: Subsections (1) (2)
198: Special returns for financial arrangements
1: Section 44B(2)
2: Despite the time bar, the Commissioner must make assessments in respect of the person for the income years to which the adjustment relates according to the calculations of income and expenditure under the adjustment.
2: Subsection (1)
199: Income statement deemed return
1: In section 80G(2) to be signed to contain a notice of assessment signed
2: Subsection (1)
200: Income statement deemed general assessment
1: Section 80H(1)
1: A person is treated as having made an assessment under section 92 section 80G(2)
2: In section 80H(3) 80H(5) 80H(6) a general assessment an assessment
3: In section 80H(4) A general assessment An assessment
4: In section 80H Income statement deemed assessment
5: Subsections (1) to (4)
201: Deemed matters
1: Section 80I(2)(c)
c: an assessment is deemed to have been made—.
2: Subsection (1)
202: Notices of proposed adjustment required to be issued by Commissioner
1: In section 89C paragraph (a) may issue a taxpayer with an assessment of tax makes an assessment
2: In section 89C(g) 89C(i) issued made
3: In section 89C(k)
a: issues issued issue makes made make
b: assessment to assessment for
4: In section 89C(l) IIIA. IIIA; or
m: the assessment includes a calculation by the Commissioner of a rebate of income tax under Part KD of the Income Tax Act 1994
5: Subsections (1) to (4)
203: Taxpayers and others with standing may issue notices of proposed adjustment
1: Section 89D(2)
2: A taxpayer who has not furnished a return of income for an assessment period may dispute the assessment made by the Commissioner only by furnishing a return of income for the assessment period.
2A: For the purpose of subsection (2), section 33(2)
2B: A taxpayer to whom section 80F section 80H
2: Subsection (1)
204: New section 89DA inserted
1: After section 89D
89DA: Taxpayer may issue notice of proposed adjustment for taxpayer assessment
1: A taxpayer may issue a notice of proposed adjustment in respect of an assessment made by the taxpayer for an income year if the Commissioner has not previously issued a notice of proposed adjustment to the taxpayer in respect of the assessment.
2: For a notice of proposed adjustment to have effect, a taxpayer must issue the notice of proposed adjustment within the applicable response period.
2: Subsection (1)
205: Determinations in relation to financial arrangements
1: Section 90(9)
9: If a person has applied a determination under subsection (1)
10: Subsection (9)
a: since the date of the determination, the legislation on which the determination was based has been repealed or amended to the detriment of the person relying on the determination; or
b: there was a material misrepresentation or omission in the application for the determination, whether intentional or not.
2: Subsection (1)
206: Notification of determinations
1: Section 90AD(3)
3: If a person has applied a determination under section 90AC
4: Subsection (3)
a: since the date of the determination, the legislation on which the determination was based has been repealed or amended to the detriment of the person relying on the determination; or
b: there was a material misrepresentation or omission in the application for the determination, whether intentional or not.
2: Subsection (1)
207: Determinations in relation to apportionment of interest costs
1: Section 90A(9)
9: If a person has applied a determination under subsection (1)
10: Subsection (9)
a: since the date of the determination, the legislation on which the determination was based has been repealed or amended to the detriment of the person relying on the determination; or
b: there was a material misrepresentation or omission in the application for the determination, whether intentional or not.
2: Subsection (1)
208: Section 92 replaced
1: Section 92
92: Taxpayer assessment
1: A taxpayer who is required to furnish a return of income for an income year must make an assessment of the taxpayer's taxable income and income tax liability and, if applicable for the income year, the net loss, terminal tax or refund due.
2: A taxpayer who must make an assessment may fix a date on their notice of assessment that occurs during the time period set by the Commissioner.
3: For the purpose of subsection (2)
4: A non-filing taxpayer is treated as having made an assessment for an income year on the terminal tax date for the income year.
5: This section does not apply to a taxpayer—
a: in respect of whom a rebate of income tax allowed under Part KD of the Income Tax Act 1994
b: for the income year to which the rebate relates.
6: This section does not apply to a taxpayer—
a: in respect of whom the Commissioner has made an assessment; and
b: for the income year to which the assessment relates.
2: Subsection (1)
209: New section 92AA inserted
1: After section 92
92AA: Commissioner assessment for taxpayers allowed rebates under
Part KD of Income Tax Act 1994 The Commissioner must make an income tax assessment for an income year in respect of a taxpayer who is allowed a rebate of income tax under Part KD of the Income Tax Act 1994
2: Subsection (1)
210: Basic rates of income tax
1: In section 92A(1) in any year of assessment for an income year
2: In section 92A(2) year of assessment income year
3: Subsections (1) (2)
211: Assessments and determinations made by electronic means
1: In section 105 by the Commissioner An assessment or determination made
2: Subsection (1)
212: Reassessment for income tax where return date between 31 March and 1 October
1: In section 107 year of assessment income year
2: In section 107(b) altering amending
3: In section 107 Reassessment Amended assessment
4: Subsections (1) to (3)
213: Time bar for amendment of assessment of taxable income, income tax liability and tax payable under
Income Tax Act 1994
1: Section 108(1)(a)
a: a taxpayer furnishes an income tax return and an assessment has been made; and.
2: After section 108(1A)
1B: The Commissioner must not amend a non-filing taxpayer's assessment if 4 years have passed from the end of the income year in which the terminal tax date for the assessment falls.
3: In section 108 Time bar for amendment of income tax assessment
4: Subsections (1) to (3)
214: Commissioner to give notice of assessment to taxpayer
1: In section 111(1) an assessment is made making an assessment
2: Section 111(2) to (5)
3: Section 111(6)
6: Omitting to give a notice under this section does not invalidate the assessment or in any manner affect the operation of the assessment.
4: In section 111(7) an assessment a notice of assessment
5: Subsections (1) (3) (4)
6: Subsection (2)
215: Commissioner to make determination of life insurer's policyholder's loss
1: Section 112
2: Subsection (1)
216: Validity of assessments not affected by failure to comply with Inland Revenue Acts
1: In section 114 made by the Commissioner assessment
2: Subsection (1)
217: Determination of claims for foreign tax credits
1: Section 115
2: Subsection (1)
218: Notice of foreign tax credit determination to taxpayer
1: Section 116
2: Subsection (1)
219: Evidence of foreign tax credit determination
1: Section 118
2: Subsection (1)
220: Definitions
1: After section 120C(2)
3: In the definition of tax paid paragraph (a) section MZ 5 or section MZ 6 of the Income Tax Act 1994
2: Subsection (1)
221: Liability to pay interest
1: Section 120D(4)
4: Interest overpaid by the Commissioner may be recovered in the same manner as income tax that is payable under the Income Tax Act 1994
2: Subsection (1)
222: Interest on tax overpaid
1: This section amends section 122 Tax Administration Act 1994 section 36 Taxation Administration Amendment Act (No 2) 1996
2: In section 122(10) specified rate of interest tax paid section MZ 5 of the Income Tax Act 1994
3: Subsection (2)
223: Objections to determinations
1: Section 131
2: Subsection (1)
224: Application of this Part to objections to foreign tax credit determinations
1: Section 132
2: Subsection (1)
225: Certain rights of challenge not conferred
1: Section 138E(1)(e)(iv)
iv: any of sections 21 to 23, 36 to 46, 58, 62, 63, 80, 88, 89C, 89K, 89M, 92, 106, 107, 108A, 108B, 109, 110, 111, 113, 114, 120A to 120U, 128A, 138N, 142A, 142C, 146, 150A, 157, 160, 166, 167, 174AA, 176, 177, 183A, 183B, 183D and 183F of this Act.
2: In section 138E(1)(e)(iv) subsection (1) 183B,
3: Subsection (1)
4: Subsection (2)
226: Obligation to pay tax during challenge
1: In section 138I(1) specified in the notice of assessment
2: Subsection (1)
227: Tax shortfalls
1: Section 141(11)
2: Subsection (1)
228: New due date for payment of tax that is not a penalty
1: Section 142A(1)
1: If an assessment of tax is increased after the due date for the payment of the tax, the Commissioner must, in the notice of assessment that includes the increase, fix a new date for the payment of the tax or increased tax.
2: In section 142A(2) reassessment assessment
3: In section 142A(4) or reassessment
4: Subsections (1) to (3)
229: Deduction of tax from payments due to defaulters
1: In section 157(4) year of assessment income year
2: Subsection (1)
230: Recovery of refund due to excess tax credits allowed
1: Section 165A
2: Subsection (1)
231: Tax paid in excess may be set off against additional tax when assessment reopened
1: In section 166(1)(a)
a: any year of assessment an income year
b: alters amends
2: In section 166(1)(b) any year or years of assessment an income year
3: Subsections (1) (2)
232: Power of Commissioner in respect of small amounts of refunds or tax payable
1: In section 174AA issuing a notice of assessment making an assessment
2: Subsection (1)
233: Relief in cases of serious hardship
1: In section 176(1) alterations in amendments to
2: Subsection (1)
234: Discretion to grant relief in cases of financial hardship
1: In section 177(4) issue an amended amend an
2: Subsection (1)
235: Obligation to pay tax on foreign investment fund income able to be suspended
1: In section 183(2) Sections 120T and 142 Part VII
2: Section 183(2)(b)(i)(A)
A: the date of the first notice of assessment with respect to that tax; or.
3: Subsections (1) (2)
236: Consequential changes to sections resulting from taxpayer assessment
1: Wherever it occurs, alter amend 107A 108 108A 127(1) 130(4) 138P(3). 138P(4).
2: Wherever it occurs, altered amended 107 136(17)(a) 176(1)
3: Wherever it occurs, alteration amendment 135(3)(a) 136(19)(a) 138P(5).
4: Subsections (1) to (3)
3: Amendments to other Inland Revenue Acts
Amendments to Goods and Services Tax Act 1985
237: Goods and Services Tax Act 1985
Sections 238 239 240 241 Goods and Services Tax Act 1985
238: Meaning of term supply
1: In section 5(11G)
a: in the portion before paragraph (a) if
b: in paragraph (a) if it
c: in paragraph (b) if the supplier of the goods and services
2: Subsection (1)
239: Value of supply of goods and services
1: This section amends section 10 Goods and Services Tax Act 1985 section 79 Taxation (Remedial Matters) Act 1999
2: After section 10(16)
16A: Subsection (16) section 11(2A)
3: After section 10(17)
17A: Subsection (17) section 11(2A)
4: Subsections (2) (3) Subsection (1) amended 111 Taxation (Relief, Refunds and Miscellaneous Provisions) Act 2002 by omitting the words before its replacement by section 90 of the Taxation (GST and Miscellaneous Provisions) Act 2000 and
240: Zero-rating of goods
1: After section 11(1)(k)
ka: the goods are supplied for use on, or the use of, a pleasure craft, being a temporary import within the meaning of section 116 of the Customs and Excise Act 1996
2: Section 11(1)(l)
l: the goods are supplied as consumable stores for use outside New Zealand on—
i: an aircraft going to a destination outside New Zealand; or
ii: a fishing ship going outside New Zealand fisheries waters; or
iii: a foreign-going ship; or
iv: a pleasure craft that is a temporary import within the meaning of section 116 of the Customs and Excise Act 1996
3: In section 11(9) aircraft consumable stores
a: goods that passengers and crew on board an aircraft or a ship intend to consume; and
b: goods necessary to operate or maintain an aircraft or a ship, including fuel and lubricants but excluding spare parts and equipment.
4: In section 11(9) foreign-going ship as those terms are defined in section 2 of the Maritime Transport Act 1994
5: In section 11(9) New Zealand fisheries waters pleasure craft section 2 of the Maritime Transport Act 1994
6: In section 11(9) sealed bag system ship section 2 of the Maritime Transport Act 1994
7: Subsections (1) to (6)
241: Zero-rating
1: This section amends section 11 Goods and Services Tax Act 1985 section 90 Taxation (GST and Miscellaneous Provisions) Act 2000 section 80 Taxation (Remedial Matters) Act 1999
2: After section 11(2)(ca)
d: the services are physically performed outside New Zealand or are the arranging of services that are physically performed outside New Zealand; or.
3: After section 11(2)
2A: Subsection (2)(e) person A
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
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.
4: Subsection (3)
5: Subsection (2) subsection (3)
6: Subsection (4)
a: paid a refund in respect of the supply; or
b: set off against unpaid tax, an amount otherwise refundable in respect of the supply; or
c: reduced the amount that would otherwise be the tax payable for a taxable period in respect of the supply. Amendments to Estate and Gift Duties Act 1968
242: Estate and Gift Duties Act 1968
Sections 243 to 246 Estate and Gift Duties Act 1968
243: Exemption for gifts of financial arrangements under accrual rules in
Income Tax Act 1994 (Part EH, Division 2)
1: Section 75BA
2: Subsection (1)
3: Despite subsection (2) (1)
244: Exemption for gifts of financial arrangements under accrual rules in
Income Tax Act 1994 (Part EH, Division 1)
1: Section 75BB
2: Subsection (1) implementation date section EZ 45 Income Tax Act 2004
3: Despite subsection (2) (1) Subsection (2) 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
245: Exemption for gifts of financial arrangements under accrual rules in
Income Tax Act 1976
1: Section 75BC
2: Subsection (1) implementation date section 64B of the Income Tax Act 1976
246: Application of Parts 4A and 8A of Tax Administration Act 1994
1: In section 90A reassessment amended assessment
2: Subsection (1) Amendments to Income Tax Act 1976
247: Income Tax Act 1976 Sections 248 249 250 to 253 Income Tax Act 1976
248: Allocation rules for imputation credits
1: After section 394G(5)
6: This section does not apply to a dividend described in section 394GA
2: Subsection (1)
249: New
section 394ZGA
1: After section 394ZG
394ZGA: Imputation—no arrangement to obtain tax advantage
Despite section 394ZG section 63(2H)
2: Subsection (1)
250: Refund of excess tax
1: After section 409(1)
1A: The Commissioner must not pay a refund under subsection (1) section 409A
2: Subsection (1)
251: New
section 409A
1: After section 409
409A: Application of excess tax to nil period
1: To the extent that tax paid in excess by or on behalf of a taxpayer is refundable and, before it is applied under this section, has not been applied to satisfy a tax liability or other amount due, the Commissioner must apply all or part of the excess to a nil period if—
a: before 21 April 2001—
i: the taxpayer or their agent requested, in writing, that the Commissioner apply all or part of the excess to the nil period; or
ii: the Commissioner, by notice, declined the taxpayer's or their agent's request to apply all or part of the excess to the nil period; or
iii: the Commissioner provided the taxpayer to whom the tax was applied with a notice or a statement of account that reflected the application of all or part of the excess to the nil period, irrespective of whether the application of the excess is subsequently reversed; and
b: on or after the date that Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 receives the Royal assent, the taxpayer identifies themselves, or the taxpayer's agent identifies the taxpayer, to the Commissioner as being a person to whom this section applies.
2: To the extent that tax paid in excess by or on behalf of a taxpayer is refundable and, before it is applied under this section, has not been applied to satisfy a tax liability or other amount due, the Commissioner must apply all or part of the excess to a nil period if, on or after 21 February 2001—
a: an assessment is made of a previous year's tax liability that gives rise to the excess; and
b: the taxpayer or their agent requests that the Commissioner transfer the excess to the nil period.
3: The Commissioner must apply all or part of an excess to a date in a nil period that occurs after the date the excess tax is paid.
4: In this section— nil period tax Parts IX, IXA, XI, XII or XIIB
a: for withholding tax or provisional tax; and
b: in respect of a dividend withholding payment, if the taxpayer is entitled to a refund of that credit under Part XIIB
2: Subsection (1)
252: Interest on tax overpaid
1: In section 413A(1) specified rate of interest tax paid section 409A
2: Subsection (1)
253: Interest on tax overpaid
1: This section amends section 413A section 81 of the Income Tax Amendment Act (No 2) 1993
2: After section 413A(5)
5A: For the purpose of subsection (5) a section 409A
3: Subsection (2) Amendments to Student Loan Scheme Act 1992
254: Student Loan Scheme Act 1992
Sections 255 256 Student Loan Scheme Act 1992 the principal Act
255: Sections 21, 33, 34, 36 to 39, 41 to 44, 63, 79, 80, 92, 106 to 111, 113, and 114 of the Tax Administration Act 1994 and sections IB 1, IB 4, and KB 2 of the Income Tax Act 1994 (which relates to returns and assessments) to apply
1: Section 16 Sections of Tax Administration Act 1994 and Income Tax Act 1994 relating to returns and assessments to apply
2: Section 16
a: inserting, after the expression 92, 92A,
b: omitting the expression sections IB 1, IB 4, and KB 2 section KB 2 and paragraph (b) applicable basic tax rate section OB 1
3: Subsections (1) (2)
256: Interim repayments to be paid in same manner as provisional tax
1: Section 28(3)(a) tax assessment a taxpayer's income tax liability
2: Subsection (1) Amendments to Child Support Act 1991
257: Child Support Act 1991
Sections 258 to 263 Child Support Act 1991 the principal Act
258: Basic amount of child support payable
1: Section 29(1)
a: omitting from paragraph (a) taxable income the Commissioner has not assessed a liable parent's taxable income for an income year a liable parent's taxable income for an income year has not been assessed
b: omitting from paragraph (b) by the Commissioner
2: Subsection (1)
259: Meaning of term living allowance
1: Section 30(5) gross married rate of invalid's benefit gross single rate of invalid's benefit the fourth proviso to section NC 6(1) section NC 6(1D)
2: Subsection (1)
260: Nil assessment of taxable income
1: The principal Act is amended by repealing section 37
2: Subsection (1)
261: Application of assessments under Income Tax Act 1976
1: The heading to section 38 1976 or Tax Administration Act 1994
2: Section 38(3)(b) The amended assessment notice of the amended assessment
3: Section 38(6)(a) to the person
4: Subsections (1) to (3)
262: Commissioner may take overseas taxable income into account
1: The principal Act is amended by repealing section 39A(3)(c)
2: Subsection (1)
263: Reconciliation of estimated and actual taxable income after end of child support year
1: Section 44(1)
a: omitting the words the Commissioner makes
b: inserting, after the word applied) has been made
2: Subsection (1) Amendments to Gaming Duties Act 1971
264: Gaming Duties Act 1971
Sections 265 to 267 Gaming Duties Act 1971
265: Assessment of duty
1: In section 12G(4)(b) alter amend
2: Subsection (1)
266: Application of Parts 4A and 8A of Tax Administration Act 1994
1: In section 12HA reassessment amended assessment
2: Subsection (1)
267: Recovery of duty
1: In section 12R 12HA 12G, 12H, 12HA
2: Subsection (1) Amendments to Taxation (GST and Miscellaneous Provisions) Act 2000
268: Taxation (GST and Miscellaneous Provisions) Act 2000
1: This section amends the Taxation (GST and Miscellaneous Provisions) Act 2000
2: In sections 5(2) 24(2) 26(2) 27(2) 50(23) 1995–96 1997–98
3: In section 70(6) , (3) and (4) and (3)
4: In section 70(8) Subsection (5) Subsections (4) and (5)
5: Subsections (2) to (4) Amendments to Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
269: Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
1: This section amends the Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
2: In section 64(3) subsection (1) subsection (2)
3: In section 66(1)(c) paragraph (c) paragraph (b)
4: In section 72(4) on to payments of interest paid on and after
5: Subsections (2) to (4) |
DLM84994 | 2001 | Social Security Amendment Act 2001 | 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 |
DLM113362 | 2001 | Telecommunications Amendment Act 2001 | 1: Title
1: This Act is the Telecommunications Amendment Act 2001.
2: In this Act, the Telecommunications 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: New section 2A substituted
The principal Act is amended by repealing section 2A
2A: Declaration of person as network operator
1: The purpose of this section is to facilitate entry into and competition in telecommunication markets.
2: A person may apply to the Minister to be declared a network operator for the purposes of this Act or any provisions of this Act.
3: The Minister must declare an applicant to be a network operator for the purposes of this Act or any provisions of this Act if the Minister is satisfied that a declaration is necessary to enable the applicant to commence or carry on a business of providing—
a: facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or
b: facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.
4: The Minister must revoke a declaration made under subsection (3)
5: A declaration under subsection (3) Gazette
6: A notice in the Gazette Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
4: New section 10A substituted
The principal Act is amended by repealing section 10A
10A: Application for call data warrant
1: Any member of the police or any Customs officer may apply to a District Court Judge for the issue of a call data warrant.
2: Any member of the police may apply to a Judge of the High Court for the issue of a call data warrant if the application is made together with an application to a Judge of the High Court for the issue of an interception warrant under the Crimes Act 1961 Misuse of Drugs Amendment Act 1978
3: An application under this section must be made in writing and on oath.
5: Transitional provision for Orders in Council made under old section 2A
1: Despite section 3 section 2A section 3
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, revoke a declaration made under section 2A(3) section 3
3: The Minister must make a recommendation under subsection (2)
a: facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or
b: facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.
6: Consequential amendments to principal Act
The principal Act is amended in the manner set out in the Schedule. |
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. |
DLM124950 | 2001 | Dog Control (Hearing Dogs) Amendment Act 2001 | 1: Title
1: This Act is the Dog Control (Hearing Dogs) Amendment Act 2001.
2: In this Act, the Dog Control Act 1996 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 hearing ear dog the Hearing Association of New Zealand (Incorporated) Hearing Dogs for Deaf People New Zealand Trust
4: Guide dogs and companion dogs
1: Section 75 guide dogs , hearing ear dogs
2: Section 75 guide dog , hearing ear dog
3: Section 75 partially sighted person , a deaf or hearing impaired person, |
DLM91292 | 2001 | Securities Amendment Act (No 2) 2001 | 1: Title
1: This Act is the Securities Amendment Act (No 2) 2001.
2: In this Act, the Securities Act 1978 the principal Act
2: Commencement
This Act comes into force on 1 June 2001.
3: Interpretation
Section 2(1) Takeovers Panel Part I of the Takeovers Act 1993 .
4: Functions of Commission
Section 10 ; and paragraph (d)
e: by agreement with the Takeovers Panel, to provide administrative and support services to the Panel.
5: New
section 17A The principal Act is amended by inserting, after section 17
17A: Sharing of information with Takeovers Panel
1: The Commission may communicate to the Takeovers Panel any information that the Commission—
a: holds in relation to the exercise of the Commission's powers or the performance of its functions and duties; and
b: considers may assist the Takeovers Panel in the exercise of the Panel's powers or the performance of its functions and duties.
2: The Commission may use any information communicated to it by the Takeovers Panel under section 15A of the Takeovers Act 1993
3: This section applies despite anything to the contrary in any enactment, contract, deed, or document.
6: Proceedings privileged
Section 28(2) member of the Commission , or any officer or employee of the Commission, |
DLM110955 | 2001 | Births, Deaths, and Marriages Registration Amendment Act 2001 | 1: Title
1: This Act is the Births, Deaths, and Marriages Registration Amendment Act 2001.
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: New section 78A inserted
The principal Act is amended by inserting, after section 78
78A: Disclosure of birth information, death information, and marriage information to certain specified agencies for certain purposes
1: The purpose of this section is to authorise the disclosure of birth information, death information, and marriage information to certain specified agencies for certain purposes.
2: The Registrar-General and the chief executive of a specified agency listed in the first column of Schedule 1A
3: An agreement entered into under subsection (2) may be varied by the Registrar-General and the chief executive.
4: The Registrar-General may disclose birth information, death information, and marriage information to the chief executive only in accordance with Schedule 1A
5: In this section, specified agency section 97 of the Privacy Act 1993
4: New Schedule 1A inserted
The principal Act is amended by inserting, before Schedule 1 Schedule |
DLM110920 | 2001 | Animal Welfare Amendment Act 2001 | 1: Title
1: This Act is the Animal Welfare Amendment Act 2001.
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: Matters to be considered
Section 73(3)(b) section 12(1)(c) section 12(c)
4: Appointment of inspectors
Section 124(7) affiliated to that is a branch or member of
5: Compliance with enforcement order
Section 145(2) paragraph (a)
a: comply with the order on behalf of the person who fails to comply with the order and, for that purpose,—
i: enter, without warrant but with a member of the police, a marae or dwellinghouse; and
ii: enter, without warrant or a member of the police, any other land or structure; and .
6: Transitional provision relating to affiliated societies
1: Section 190 subsections (1) (2)(a) affiliated to a branch or member of
2: The heading to section 190 affiliated branch and member |
DLM112160 | 2001 | Electricity Amendment Act (No 2) 2001 | 1: Title
1: This Act is the Electricity Amendment Act (No 2) 2001.
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: Disciplinary offence defined
Section 118(1)(b) or having carried out or caused to be carried out any prescribed electrical work
4: Regulations
1: Section 169(2)(a) or any official standard
2: Section 169(2)(b) subparagraph (i)
ia: any official standard, or any part of an official standard; or.
3: Section 169 subsection (2)
2A: Regulations may require compliance with an official standard (or a specified part of an official standard) that relates to the subject matter of the regulations by referring to it in the regulations (with any additions or variations that may be specified in the regulations).
2B: That official standard (or the specified part), as it existed on the date of the inclusion (but with any specified additions or variations), is then deemed to form part of the regulations. |
DLM98387 | 2001 | Government Superannuation Fund Amendment Act 2001 | 1: Title
1: This Act is the Government Superannuation Fund Amendment Act 2001.
2: In this Act, the Government Superannuation Fund Act 1956 the principal Act
2: Commencement
1: Sections 28 38 National Provident Fund Restructuring Act 1990
2: The rest of this Act comes into force on the operative date
3: During the period between the date on which this Act receives the Royal assent and the operative date,—
a: the Minister may appoint the members, chairperson, and deputy chairperson of the Government Superannuation Fund Authority board; and
b: that board may meet and exercise its powers under the principal Act, but only for the purpose of entering into contracts or other obligations, or making other arrangements, that have effect only on or after the operative date.
4: Subsection (3)
5: Subsection (3) section 11 Interpretation Act 1999
3: Purpose
The purpose of this Act is—
a: to establish a Crown entity to manage and administer the Fund and the schemes:
b: to make other miscellaneous changes in respect of the Fund and the schemes.
1: Amendments to principal Act
4: Interpretation
1: Section 2(1) custodian Superintendent custodian section 19A(1) Government Superannuation Fund Authority Authority section 15A Government Superannuation Fund Authority board board section 15G invest
a: enhancing or protecting the value of the Fund:
b: managing, or enabling the management of, the Fund liabilities property
a: choses in action and money:
b: goodwill:
c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective rights subsidiary sections 5 to 8 of the Companies Act 1993 Superintendent section 2C .
2: Section 2(1) salary salary
a: means the salary and wages paid regularly in return for services:
b: does not include bonus payments, payments for overtime, allowances paid for special work performed, the reimbursement of expenses, lump sum payments in lieu of notice, retiring gratuities, redundancy payments, and contributions paid for or in respect of employer contributions:
c: may include a period of paid leave, but only if it is paid before the contributor ceases Government service. .
3: The principal Act is amended by repealing the definition of the term Board 2(1)
a: omitting every reference to the Board that is in the Act immediately before the date on which the Government Superannuation Fund Amendment Act 2001 receives the Royal assent, and substituting in each place (unless the context otherwise requires) a reference to the Appeals Board; and
b: inserting the following definition in section 2(1) Appeals Board .
5: Repeal of
section 2C The principal Act is amended by repealing section 2C
6: New
section 12 The principal Act is amended by repealing section 12
12: Matters to be taken into account on appeal
1: The Appeals Board must—
a: act in accordance with the statement of policies, unless the Appeals Board considers that it is inappropriate to do so in the particular circumstances of a case; and
b: take into account the interests of any person who has an interest in the matter that is the subject of the appeal (including, without limitation, the interests of the Crown and of any contributor, beneficiary, or controlling authority affected by the matter), to the extent that those interests are known to the Appeals Board.
2: In this section, statement of policies section 19F section 19F(2)
7: New headings and
sections 14 to 19B
1: The principal Act is amended by repealing sections 14 to 19D
14: Money payable into Fund
The following must from time to time be paid into the Fund:
a: the contributions from contributors as provided in this Act:
b: the amounts payable into the Fund under section 95
c: money accruing from the investment of the Fund:
d: any other money that may be lawfully payable into the Fund. 1956 No 47 s 14
15: Money payable out of Fund
The following must from time to time be paid out of the Fund:
a: the benefits arising under this Act:
b: any other money that may be lawfully payable out of the Fund. 1956 No 47 s 15 Government Superannuation Fund Authority
15A: Establishment of Government Superannuation Fund Authority
1: This section establishes the Government Superannuation Fund Authority (the Authority
2: The Authority is a Crown entity for the purposes of the Public Finance Act 1989
15B: Body corporate status and powers
1: The Authority is a body corporate with perpetual succession.
2: The Authority has—
a: full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
3: The Authority may exercise its powers only for the purpose of carrying out its functions.
4: There are no restrictions on the Authority's investment powers, other than as provided by sections 15J, 15K, and 15O
5: The Authority may not subscribe for, acquire, or hold any shares or other securities issued by a company unless—
a: the company is a subsidiary of the Authority; or
b: the shares or other securities are an investment of the Fund; or
c: subsection (6)
6: The Authority may subscribe for, acquire, or hold any shares or other securities issued by a company if—
a: the company provides (or is to provide or has provided) to the Authority any services of a kind referred to in section 19(1)(a) to (c)
b: every shareholder of the company is a company or other body corporate; and
c: the Crown controls the composition of a majority of the governing body of every shareholder.
7: This section is subject to section 15C 1993 No 105 s 16(1)
15C: Borrowing
1: The Authority may not, except with the approval of the Minister of Finance,—
a: borrow money (neither on behalf of the Authority nor in respect of the Fund); nor
b: mortgage or charge any of the real or personal property of the Fund, whether present or future, as security; nor
c: hold any financial instrument that places or may place a liability or a contingent liability on the Authority, the Fund, or the Crown.
2: The Minister's approval may be given for any class of transactions in subsection (1)(a) to (c)
15D: Functions
1: The functions of the Authority are to manage and administer the Fund and the schemes in accordance with this Act.
2: The Authority is not a trustee, or a constructive trustee, in relation to the exercise of its functions or to any other matter (except as otherwise provided in section HJ 1 of the Income Tax Act 1994
3: The functions of the Authority include, if the Minister so directs, the provision of services in respect of any fund or superannuation scheme that is—
a: managed by the Crown or a Crown entity or an entity whose board is appointed by the Crown; and
b: approved by the Minister for that purpose.
4: Those services may be provided on any terms and conditions that the Authority's board thinks fit, but must not place or have the potential to place a liability or a contingent liability on the Fund.
15E: Funding of administrative expenses of Authority
1: The expenses of the Authority relating to the management and administration of the Fund and the schemes—
a: are to be paid out of the Fund; and
b: are to be recovered under section 95
2: The portion of the expenses attributable to all persons who are currently contributing to the Fund is to be recovered, each financial year, out of the money from which the salaries of those contributors are paid.
3: The portion of the expenses attributable to all persons who are currently contributing to the Fund includes estimates of all future expenses attributable to those contributors once they cease to be contributors.
4: The portion of the expenses attributable to any other person is to be recovered, each financial year, from the Crown.
5: Section 95
6: The Authority may determine the basis on which expenses are apportioned under that section, but the determination has no effect unless the Government Actuary certifies that the apportionment is fair and equitable.
7: In this section, expenses
a: any fees payable under section 19 or section 19A
b: all remuneration and expenses of board members and employees of the Authority; and
c: any other expenses incurred by or on behalf of the Authority.
15F: Auditor-General to be auditor of Authority
The Authority is a public entity as defined in section 4 of the Public Audit Act 2001 Board of Authority
15G: Role of board of Authority
1: All decisions relating to the business of the Authority are to be made by or under the authority of a board called the Government Superannuation Fund Authority board (the board
2: The board has all the powers necessary for managing, and for directing or supervising the management of, the business of the Authority.
15H: Membership of board
The board must consist of at least 4, but not more than 7, board members appointed by the Minister.
15I: Further provisions applying to board
1: Schedule 4
2: The Governor-General may, by Order in Council, amend any provision of clauses 13 to 53 of Schedule 4 Investment of Fund
15J: Investment of Fund
1: The Authority is responsible for investing the Fund.
2: The Authority must invest the Fund on a prudent, commercial basis and, in doing so, must manage and administer the Fund in a manner consistent with—
a: best-practice portfolio management; and
b: maximising return without undue risk to the Fund as a whole; and
c: avoiding prejudice to New Zealand's reputation as a responsible member of the world community.
15K: No controlling interests
1: The Authority must use its best endeavours to ensure that the Fund does not control any other entity or hold a percentage of the voting rights in any other entity that would require it to seek control of that entity.
2: If a contravention of subsection (1)
3: For the purposes of this Act, an entity is controlled by the Fund if—
a: the entity is a subsidiary of the Fund; or
b: the Fund controls the entity within the meaning of any relevant approved financial reporting standard (within the meaning of section 2(1) of the Financial Reporting Act 1993
c: the Fund can control directly or indirectly the composition of the board of the entity within the meaning of sections 7 and 8 of the Companies Act 1993
4: This section limits section 15B(5)(b) section 15B(5)(a) or (c)
5: In this section, Fund
15L: Establishment of investment policies, standards, and procedures
1: The Authority must establish, and adhere to, investment policies, standards, and procedures for the Fund that are consistent with its duty to invest the Fund on a prudent, commercial basis, in accordance with section 15J
2: The Authority must review those investment policies, standards, and procedures for the Fund at least annually.
15M: Contents of statements of investment policies, standards, and procedures
A statement of investment policies, standards, and procedures must cover (but is not limited to)—
a: the classes of investments in which the Fund is to be invested and the selection criteria for investments within those classes; and
b: the determination of benchmarks or standards against which the performance of the Fund as a whole, classes of investment, and individual investments will be assessed; and
c: standards for reporting the investment performance of the Fund; and
d: ethical investment, including policies, standards, or procedures for avoiding prejudice to New Zealand's reputation as a responsible member of the world community; and
e: the balance between risk and return in the overall Fund portfolio; and
f: the Fund management structure; and
g: the use of options, futures, and other derivative financial instruments; and
h: the management of credit, liquidity, operational, currency, market, and other financial risks; and
i: the retention, exercise, or delegation of voting rights acquired through investments; and
j: the method of, and basis for, valuation of investments that are not regularly traded at a public exchange; and
k: prohibited or restricted investments or any investment constraints or limits.
15N: Statement of intent
The statement of intent of the Authority prepared each financial year under Part V of the Public Finance Act 1989
a: a statement of the board's expectations about the performance of the Fund over the next financial year, in sufficient detail to enable meaningful assessment against those expectations after the end of that financial year; and
b: a statement of the key risks to the performance of the Fund over the coming year and the actions being taken by the board to manage those risks; and
c: forecast financial statements of the Fund for the next financial year, including a statement of accounting policies.
15O: Ministerial directions relating to investment of Fund
1: The Minister may, after consultation with the Authority, direct the Authority, in investing the Fund,—
a: to meet the Government's expectations as to the Fund's performance, including the Government's expectations as to risk and return:
b: not to invest in a specified investment or class of investments to which the Crown already has a direct or indirect exposure, for the purpose of limiting that exposure.
2: The Minister must not give a direction that is inconsistent with the Authority's duty to invest the Fund on a prudent, commercial basis, consistent with best-practice portfolio management.
3: The Authority must notify the Minister how it proposes to give effect to any direction.
4: The Minister must present to the House of Representatives a copy of any direction, as soon as practicable after it is given to the Authority. Further provisions relating to Fund
16: Reporting by Authority on Fund
1: The Authority must report to the Minister on the Fund at those intervals that the Minister may require.
2: The Authority's report must include any information that the Minister may require.
17: Property to be held for paying benefits
1: All property comprising the Fund must be held for the purpose of paying the benefits that are payable under this Act.
2: This section does not prevent the Authority from making a payment out of the Fund for the purpose of carrying out its functions.
18: Interest on money held in error
1: This section applies if the Authority pays interest, out of the Fund, on any money held in error in the Fund.
2: The interest must be at a rate calculated using a method that has been determined by the Authority, approved by the Minister, and published in the Gazette Administration managers, investment managers, other service providers, and custodians
19: Administration and investment management and other service providers
1: The Authority may appoint, on any terms and conditions that the Authority thinks fit, 1 or more persons (including any department) to undertake each of the following functions:
a: the administration of the schemes:
b: the investment of any part of the Fund:
c: the provision of secretariat or other services to the Authority.
2: Different persons may be appointed in respect of different schemes or different parts of the Fund.
3: The Authority must specify, in each instrument of appointment, the powers and rights of the person appointed (including, without limitation, the extent of that person's power to delegate any of those powers and rights).
4: This section does not limit section 15B
19A: Custodianship of Fund
1: The Authority may appoint a person or persons (including any department) to act as custodian of the Fund, or any part of the Fund.
2: A custodian so appointed must hold the property of the Fund, or that part of the property of the Fund in respect of which they have been appointed, in their name or, if the Authority authorises it, in the name of 1 or more nominees.
3: An appointment may be on any terms and conditions that the Authority thinks fit.
4: The Authority must specify, in each instrument of appointment, the powers and rights of the person or persons appointed (including, without limitation, the extent of that person's powers to delegate any of those powers and rights).
5: This section does not limit section 15B Performance reviews
19B: Performance reviews
1: From time to time, there must be conducted a review of how effectively and efficiently the Authority is performing its functions under section 15D
2: The first performance review must be conducted no later than 5 years after the operative date.
3: Subsequent performance reviews must be conducted at intervals that are no more than 5 years apart (to be set by the Minister).
4: The Minister must set the terms of reference for the review, which must include (without limitation) requirements that the reviewer form an opinion about—
a: whether or not the investment policies, standards, and procedures established by the Authority are appropriate to the Fund; and
b: whether or not the investment policies, standards, and procedures established by the Authority have been complied with in all material respects; and
c: the investment performance of the Fund.
5: Every performance review must be conducted by an independent person appointed by the Minister.
6: Every person who conducts a performance review must, as soon as practicable after conducting it,—
a: prepare a written report on the conclusions reached and recommendations formulated as a result of conducting it; and
b: give copies of the report to the Minister and the Authority.
7: The Minister must present a copy of the report to the House of Representatives as soon as practicable after receiving it.
8: The costs of conducting a performance review must be met out of money appropriated by Parliament for the purpose. Provisions relating to schemes .
2: Section 95AA subsection (3)
3: The principal Act is amended by adding the Schedule 4 Schedule 1
8: New
section 19F The principal Act is amended by repealing section 19F
19F: Statement of policies and exercise of discretionary powers
1: The Authority must, when exercising its discretionary powers in relation to the schemes,—
a: act in accordance with the statement of policies, unless the Authority considers that it is inappropriate to do so in the particular circumstances of a case; and
b: take into account the interests of any person who has an interest in the matter (including, without limitation, the interests of the Crown and of any contributor, beneficiary, or controlling authority affected by the matter), to the extent that those interests are known to the Authority.
2: If the Authority proposes to make any change to the published statement of policies, it must—
a: consult with organisations that, in the Authority's view, have or are likely to have, or are representative of persons who have or are likely to have, an interest in the proposed change; and
b: republish the statement of policies, or the part of the statement of policies affected by the change, in whatever manner the Authority considers appropriate; and
c: send a copy of the republished statement of policies to the Appeals Board.
3: In this section, statement of policies subsection (2) .
9: Repeal of
section 19G The principal Act is amended by repealing section 19G
10: Right to cease to be contributor under
Part 2
1: Section 28(1) on the expiration of 3 months from the date on which the notice is delivered on the expiration of the day on which the notice is received by the Authority
2: Section 28 subsections (3) (4)
4: The contributor ceases to be a contributor to the Fund on the expiration of the day on which the notice is received by the Authority and, if the contributor elected to take a refund, that refund must be paid pursuant to the election as soon as practicable after that.
11: Refund of contributions on retiring before entitled to retiring allowance
1: Section 42(3) at such rate as the Minister of Finance from time to time determines at a rate calculated using a method that has been determined by the Authority, approved by the Minister, and published in the Gazette
2: Section 42(6) at such rate and on such basis as may from time to time be determined by the Minister of Finance at a rate, and on a basis, calculated using a method that has been determined by the Authority, approved by the Minister, and published in the Gazette
12: Contributors under
Part 2 Part 2A Section 61E subsection (5)
5A: Subsection (5) section 30 section 30(5) and (6) section 61P .
13: Computation of retiring allowance
Section 61L subsection (4)
4: A contributor who is entitled under section 61I(4)
a: the contributor making the election before attaining the age of 60; and
b: the contributor complying with any terms and conditions set by the Authority, including making any payments into the Fund that the Authority thinks fit to impose for the purpose of funding the increased benefit which will result from the election; and
c: the maximum amount of the retiring allowance being the amount calculated under subsection (1)
14: Right to cease to be contributor
1: Section 61R(1) on the expiration of 3 months from the date on which the notice is delivered on the expiration of the day on which the notice is received by the Authority
2: Section 61R subsections (3) (4)
4: The contributor ceases to be a contributor to the Fund on the expiration of the day on which the notice is received by the Authority and, if the contributor elected to take a refund, that refund must be paid pursuant to the election as soon as practicable after that.
15: Benefits where contributor leaves regular forces and is not entitled to retiring allowance
Section 71K(1)(b) at such rate as the Minister of Finance from time to time determines at a rate calculated using a method that has been determined by the Authority, approved by the Minister, and published in the Gazette
16: New
section 89B
1: The principal Act is amended by repealing sections 89B 89C
89B: Other contributions
1: This section applies if a contributor has been required (whether before or after the commencement of this section) to pay any sum into the Fund that is other than the standard rate of contribution in respect of the scheme to which the contributor belongs (whether in respect of any period that is included in a period of contributory service, or in respect of contributions not duly paid by deduction from salary, or in respect of contributions repaid after having been refunded to the contributor, or otherwise).
2: The Authority may determine whether the whole or any part of that sum is to be treated as contributions for the purpose of this Act, and the amount so determined is to be treated as contributions accordingly.
3: Except as provided in this section, the only sums that are to form part of a contributor's contributions for the purpose of this Act are the amounts paid by the contributor by way of standard rate of contribution in respect of the scheme to which the contributor belongs.
4: In this section, standard rate of contribution sections 29, 30, 61B, 61F, 63A, 71F, 74C, 78, 81F, 83, 88C, and 88Q section 19 of the Government Superannuation Fund Amendment Act 1962
2: Section 71A salary together with such allowances as are specified in Orders in Council made pursuant to section 56 or section 89B of this Act
17: Annual report
1: Section 93B(1) paragraph (b)
2: Section 93B subsection (1)
1A: The annual report must also include (in addition to any other requirements)—
a: a statement of responsibility for the financial statements of the Fund, signed by the chairperson of the board and the chief executive of the Authority (if any), and comprising the same statements that are required by section 42(2) of the Public Finance Act 1989
b: an analysis and explanation of the performance of the Fund over that financial year, including a comparison with the Authority's expectations about the performance of the Fund that were set out in the statement of intent relating to that financial year; and
c: a statement of the investment policies, standards, and procedures for the Fund established by the Authority under section 15L
d: a statement, signed by the chairperson of the board and the chief executive of the Authority (if any), certifying whether or not the investment policies, standards, and procedures for the Fund have been complied with throughout that financial year; and
e: a schedule of—
i: the investment managers, administration managers, and any other service providers used under section 19 section 19A
ii: the classes of investments for which each investment manager was responsible; and
iii: any changes since the last annual report in those persons.
18: Interest payable on overdue amounts
Section 95B paragraph (b)
b: at a rate calculated using a method that has been determined by the Authority, approved by the Minister, and published in the Gazette
19: Information to be provided by controlling authorities
Section 95D subsections (1) (2)
1: Every controlling authority in relation to a contributor must ensure that there is provided to the Authority, at such time or times as are reasonably specified by the Authority, such information as the Authority may reasonably require of that controlling authority for the purpose of administering this Act in relation to that contributor.
2: The Authority must not require a controlling authority to provide information under this section unless the Authority has first consulted the controlling authority about the requirement.
20: Regulations
Section 97 paragraphs (a) (c) (d)
c: prescribing money that may be lawfully payable into the Fund under section 14(d)
d: prescribing money that may be lawfully payable out of the Fund under section 15(b) .
21: References to Superintendent in principal Act and regulations
The principal Act, and any regulations made under that Act, are amended by omitting every reference to the Superintendent, and substituting a reference to the Authority.
2: Miscellaneous provisions
Transitional provisions relating to restructuring
22: Vesting of property and liabilities
1: The following vest in the Authority on the commencement of this Act:
a: the property and liabilities comprising the Fund held by the custodian under section 19A
b: the property and liabilities of the Superintendent that are connected with the Fund or schemes; and
c: any other property or liabilities of the Crown, the Superintendent, or a custodian arising from the investment of the Fund; and
d: any other property of the Crown used principally for the purpose of the Fund or schemes, including the whole of the leasehold interest in 2 floors of the building at 33 Bowen Street held in the name of the Government Superannuation Fund Department.
2: This section does not apply to any contract referred to in section 23
23: Transitional provision relating to existing schemes administration contract
1: Any contract entered into under section 19
2: The Authority is appointed to act as the Minister's agent in relation to the contract.
3: Expenses incurred by the Crown under the contract are to be treated as if they were expenses incurred by the Authority for the purposes of section 15E
24: Records and registers
1: Neither the Registrar-General of Lands, nor any other person charged with the keeping of any records or registers, is obliged solely by reason of this Act to change the name of the custodian or the Superintendent or any other person to the Authority in those records or registers or in any document.
2: It is sufficient proof, in the absence of evidence to the contrary, that property or any liability is vested in the Authority if a person presents to a registrar or any other person an instrument, whether or not comprising an instrument of transfer,—
a: executed or purporting to be executed by the Authority; and
b: relating to any property or liability held, immediately before the commencement of this Act, by the custodian or the Superintendent or any other person; and
c: containing a recital that the property or liability has vested in the Authority by virtue of the provisions of this Act.
25: Taxes and duties
1: The vesting of property and liabilities in the Authority under section 22 Schedule Tax Administration Act 1994
2: The Authority is to be treated as if it were—
a: a trustee substituted, as trustee of the Fund, for the person who was the custodian of the Fund under section 19A section 22
b: the same person as that custodian.
3: Subsection (2)
a: on and from the date on which section 22
b: for the purposes of the application in relation to the Fund of the Acts specified in the Schedule Tax Administration Act 1994
26: Certain matters not affected by restructuring
Nothing effected or authorised by this Act—
a: places the Crown or the Authority (or any member of the board) or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes any of them guilty of a civil wrong; or
b: gives rise to a cause of action against the Fund or the Crown or the Authority or any member of the board; or
c: gives rise to a right for any person to—
i: terminate or cancel or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
d: places the Crown or the Authority (or any member of the board) or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any property or the disclosure of any information; or
e: releases any surety wholly or in part from all or any obligation; or
f: invalidates or discharges any contract or security.
27: Property or liabilities vested in Authority
The following applies in respect of any property or liabilities vested in the Authority under this Act:
a: the Crown remains liable to any third party as if the property or liability had not been transferred, but must be indemnified by the Authority in respect of any liability to that third party:
b: any satisfaction or performance by the Authority in respect of the property or liability is deemed also to be satisfaction or performance by the Crown:
c: any satisfaction or performance in respect of the property or liability by any third party to the benefit of the Authority is deemed also to be to the benefit of the Crown. 1986 No 124 23(5)(d)-(f)
28: Minister may enter transitional agreements
1: The Minister may, before the operative date, enter into any contract, on behalf of the Authority, for the purpose of facilitating the new governance arrangements for the Fund and the schemes under this Act.
2: Any such contract has effect, on and after the operative date, as if—
a: the Authority had entered into the contract instead of the Minister; and
b: any other party to the contract, and the Authority, were bound by the contract in all respects.
29: Final report and accounts
1: The Ministry of Economic Development must, as soon as practicable after the commencement of this Act, supply to the Minister and the Authority a report on matters affecting the Fund during the period from 1 July 2001 to the operative date.
2: Section 93B(1)
3: The report must also include any other information about the performance or operation of the Fund during the period that the Ministry considers relevant. Employees
30: Transfer of employees
1: The chief executive of the Ministry of Economic Development and the Authority may, after consulting the employee concerned, agree to the transfer of an employee from the government superannuation fund unit of that Ministry to the Authority.
2: Sections 31 to 33
31: Terms and conditions of employment for transferred employee
1: The appointment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the date of the person's transfer to the Authority.
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 Authority; but
b: does not apply to a transferred employee who receives any subsequent appointment with the Authority.
32: Continuity of employment
1: Every transferred employee becomes an employee of the Authority on the date of transfer.
2: However, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the 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 that employee that is recognised by the Ministry as continuous service, is deemed to have been a period of service with the Authority.
33: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the person in the Ministry has ceased to exist; or
b: the person has ceased (as a result of the transfer to the new employer) to be an employee of the Ministry.
34: Employees who choose to transfer to subsidiary or joint venture company
An employee of the Ministry of Economic Development who chooses to transfer to a company referred to in section 15B(5)(a) (c)
a: the position held by the person in the Ministry has ceased to exist; or
b: the person has ceased (as a result of the transfer to the new employer) to be an employee of the Ministry. Past decisions
35: Past decisions
1: All decisions made by the Government Superannuation Appeals Board or the Superintendent or a former Government Superannuation Board or a Minister in favour of an individual contributor, beneficiary, or potential beneficiary have effect, in so far as they relate to that individual, as if the decision were one that that board or person was entitled to make.
2: The decision binds the Authority in any dealings after the operative date with the contributor, beneficiary, or potential beneficiary in whose favour the decision was made, unless that person supplied misleading or incorrect information or otherwise acted in bad faith.
3: However, the decision does not have any precedent effect in favour of any contributor, beneficiary, or potential beneficiary other than the person in whose favour the decision was made. Amendments to other Acts
36: Amendment to
Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 Government Superannuation Fund Authority and any subsidiary of that Authority.
37: Amendments to
Public Finance Act 1989 The Public Finance Act 1989 Schedules 4 5 6 Government Superannuation Fund Authority.
38: Amendments to
National Provident Fund Restructuring Act 1990
1: Section 16 National Provident Fund Restructuring Act 1990
3: The Board may, in addition, provide services in respect of any fund or superannuation scheme that is managed by the Crown or a Crown entity or an entity whose board is appointed by the Crown and approved by the Minister for that purpose, on any terms and conditions that the Board thinks fit.
2: Schedule 4 National Provident Fund Restructuring Act 1990 clause 3(1) (1A)
1: The Board may appoint any or all of the following:
a: a secretary to the Board and any officers, employees, and advisers that the Board considers necessary:
b: a company or other person to provide to the Board secretariat or other services that the Board considers necessary.
1A: There may be paid to, or in respect of, any secretary, officer, employee, adviser, company, or other person referred to in subclause (1)
1B: The Board may, on any terms and conditions that the Board considers appropriate, subscribe for or acquire, and hold, shares or other securities issued by a company that provides (or is to provide or has provided) secretariat or other services to the Board.
1C: Subclause (1B)
a: the company has shareholders other than the Board; and
b: the company also provides services to other persons.
1D: Any money payable by the Board in respect of shares or other securities under subclause (1B)
1E: Sections 16, 31, and 53 subclause (1B)
3: Schedule 4 National Provident Fund Restructuring Act 1990 clause 5(1)
1: The Board may establish 1 or more committees, each of which may comprise 1 or more members of the Board or other persons as the Board thinks fit.
1A: A member of the Board may be counted in the quorum, and vote, in respect of a proposal to—
a: establish a committee to consider and determine a matter; or
b: delegate to a committee any of the Board's powers in respect of a matter,— whether or not the member has a conflict of interest in relation to that matter.
4: Schedule 4 National Provident Fund Restructuring Act 1990 clause 6
6: Delegation of Board's powers
1: The Board may from time to time, by writing either generally or particularly, delegate to any committee established under this Act, or to any person, all or any of its powers including, in respect of any power of the Board to appoint investment managers, administration managers, or custodians under the trust deed for the Global Asset Trust or a trust deed for an existing scheme, the power to further delegate that power.
2: Subject to any general or special directions given or conditions attached by the Board, the delegate may exercise any powers delegated to it in the same manner and with the same effect as if they had been conferred directly by this clause and not by delegation.
3: A delegation continues in force (unless and until it is revoked) according to its tenor despite the fact that all or any of the members of the Board at the time when the delegation was made have ceased to hold office, and continues to have effect as if made by their successors in office.
4: In the event of any member of a committee to whom a delegation has been made ceasing to hold office, the delegation continues to have effect as if made to the persons for the time being holding office as members of the committee.
5: A delegate who purports to act pursuant to a delegation under this clause is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
6: The delegation is revocable at will, and does not prevent the exercise of any power by the Board.
39: Amendment to
Income Tax Act 1994 Section 39 repealed 1 April 2005 YA 2 Income Tax Act 2004
40: Consequential amendments to other Acts
The Acts specified in Schedule 2 Amendments and revocations of regulations and orders
41: Amendments to
Government Superannuation Fund (Ceasing Contributions) Regulations 1995
1: The Government Superannuation Fund (Ceasing Contributions) Regulations 1995 the definition of the term effective date 2 effective date .
2: The Government Superannuation Fund (Ceasing Contributions) Regulations 1995 regulation 5(1)(b)
42: Orders revoked
The orders specified in Schedule 3 |
DLM106707 | 2001 | Apple and Pear Industry Restructuring Act Repeal Act 2001 | 1: Title
This Act is the Apple and Pear Industry Restructuring Act Repeal Act 2001.
1: Preliminary provisions
2: Commencement
This Act comes into force on 30 September 2001.
3: Interpretation
In this Act, unless the context otherwise requires,— 2001 supply agreement 2002 foreign exchange contracts Schedule apples and pears Board Committee Director-General ENZA Companies Act 1993 fees Regulations supplier supply agreement
a: the 2001 supply agreement for the supply of apples and pears to ENZA:
b: any earlier supply agreement for the supply of apples and pears to the New Zealand Apple and Pear Marketing Board (before its conversion to ENZA).
2: Repeal and related matters
4: Repeal of Apple and Pear Industry Restructuring Act 1999
The Apple and Pear Industry Restructuring Act 1999 (1999 No 96) is repealed.
5: Dissolution of Board and Committee
1: On the commencement of this Act,—
a: the Board and the Committee are dissolved and the term of office of every member of the Board and the Committee ends:
b: the assets—
i: of the Board vest in ENZA:
ii: of the Committee vest, in accordance with subsection (2), in each person who holds a permit as a result of an application made during the period of 1 October 2000 to 30 September 2001:
c: subject to paragraph (d), the liabilities of the Board and the Committee vest in the Crown:
d: the liabilities (if any) of the Board relating to, or arising from, any act or omission of the Board in the performance of its functions under the Regulations are extinguished:
e: no legal proceedings, except for judicial review, may be taken in respect of any act or omission of the Board relating to, or arising from, the performance of its functions under the Regulations.
2: The assets vest in the same proportion as the amount of fees paid by each permit holder bears to the total fees paid for export permits by all permit holders in the period of 1 October 2000 to 30 September 2001.
6: Transitional provision
1: On and from the commencement of this Act,—
a: the Director-General has, and may exercise in the name of the Board, the powers of the Board—
i: to take action under any authorisation issued by the Board to ENZA under Part 2 of the Regulations:
ii: to perform the functions of the Board under regulation 26(1)(b) of the Regulations:
iii: to commence, carry on, or complete any action by the Board (including legal proceedings) in respect of ENZA under subparagraphs (i) and (ii):
iv: to carry on, complete, enforce, or defend any legal proceedings pending by or against the Board; and
b: all money payable to the Board is payable to, and recoverable by, the Director-General in the name of the Board; and
c: all records and other information held by the Board and the Committee must be transferred to the Director-General.
2: Anything done under subsection (1)(a) has the same effect as if the Board had not been dissolved and the Regulations had not been revoked.
7: Liability of members of Board and Committee
No person who was a member of the Board or Committee is personally liable—
a: for any liability of the Board or Committee; or
b: for any act done or omitted to be done by the Board or Committee in good faith in the performance or intended performance of the functions, duties, or powers of the Board or Committee.
8: Suppliers not liable for certain losses of ENZA
1: On and from the commencement of this Act,—
a: ENZA must not make any deductions (either directly or indirectly) from the returns payable to suppliers under a supply agreement in respect of any losses arising from the 2002 foreign exchange contracts; and
b: ENZA must refund to each supplier any deductions (not already refunded) made—
i: from returns paid to suppliers under a supply agreement; and
ii: in respect of any losses arising from the 2002 foreign exchange contracts.
2: ENZA must, by 31 January 2002, provide to each supplier an audited statement of account in relation to all deductions made from the supplier’s returns under the 2001 supply agreement.
3: The audited statement of account must include the following information:
a: a schedule of payments made by ENZA to the supplier:
b: an itemised list of the deductions made by ENZA from the supplier’s returns under the 2001 supply agreement:
c: a statement relating to the purpose of the deductions.
9: 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 Act.
10: Revocation and consequential amendments
1: The Regulations are revoked.
2: Amendment(s) incorporated in the Act(s) |
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 |
DLM99493 | 2001 | Accident Compensation Act 2001 | 1: Title
This Act is the Accident Compensation Section 1 amended 3 March 2010 section 5(2) Accident Compensation Amendment Act 2010
1: Preliminary provisions
2: Commencement
1: This section and sections 40 to 47 265 274(3)
2: Clauses 56(5) 64(2)
3: The rest of this Act comes into force on 1 April 2002.
3: Purpose
The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic, social, and personal costs), through—
a: establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:
b: providing for a framework for the collection, co-ordination, and analysis of injury-related information:
ba: ensuring that the Corporation monitors access to the accident compensation scheme by Māori and identified population groups in order to deliver services under this Act in a manner that supports access to the scheme by injured Māori and injured persons in those population groups:
c: ensuring that, where injuries occur, the Corporation's primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant's health, independence, and participation:
d: ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:
e: ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants' Rights:
f: ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate. Section 3(ba) inserted 7 June 2023 section 4 Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023
4: Overview
In general terms, this Act is arranged as follows:
a: Part 1
b: Part 2
c: Part 3
i: for the preparation and approval of a Code of ACC Claimants' Rights; and
ii: how to make a claim under this Act for cover and entitlements, and the process the Corporation must follow in deciding claims:
d: Part 4 Schedule 1
e: Part 5
f: Part 6
g: Part 7
h: Part 8
i: Part 9
j: Part 10
k: Part 11
5: Act to bind the Crown
This Act binds the Crown. 1998 No 114 s 3
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5A inserted 1 April 2017 section 4 Accident Compensation Amendment Act 2015
6: Interpretation
1: In this Act, unless the context otherwise requires,— accident section 25 Accounts section 166 activity Part 6
a: means a business, industry, profession, trade, undertaking of an employer, a self-employed person, or a private domestic worker; and
b: includes ancillary or subservient functions relating to the activity, such as administration, management, marketing and distribution, technical support, maintenance, and product development; and
c: in the case of a self-employed person, refers to the nature of his or her work rather than the context or business in which he or she is working acute treatment section 7 Board child
a: means his or her natural child; and
b: includes his or her adopted child; and
c: includes any other child who would ordinarily be regarded as his or her child because the deceased claimant—
i: was the spouse or partner
ii: acted as a parent of the child; but
d: does not include an other dependant of the claimant child care claim section 48 claimant or partner close company section YA 1 Code
a: means the Code of ACC Claimants' Rights approved under section 44
b: includes any amendments to the Code approved under section 47 Commissioner section 3(1) Consumers Price Index Corporation section 259 counsellor cover section 8 Crown entity subsidiary section 266 the second column of section 7(1)(c) deceased claimant section 20 section 22 decision Corporation's decision
a: a decision whether or not a claimant has cover:
b: a decision about the classification of the personal injury a claimant has suffered (for example, a work-related personal injury or a motor vehicle injury):
c: a decision whether or not the Corporation will provide any entitlements to a claimant:
d: a decision about which entitlements the Corporation will provide to a claimant:
e: a decision about the level of any entitlements to be provided:
f: a decision relating to the levy payable by a particular levy payer:
g: a decision made under the Code about a claimant's complaint earner
a: means a natural person who engages in employment, whether or not as an employee; and
b: includes a person to whom clause 43 44 44A Earners' Account section 218 earnings
a: earnings as an employee:
b: earnings as a self-employed person:
c: earnings as a shareholder-employee earnings as an employee sections 9 to 13 earnings as a self-employed person section 14 earnings as a shareholder-employee section 15 employee
a: any amount that is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1
b: any salary, wages, or other section RD 3B RD 3C employer
a: means a person , other than a person acting for an employer as a PAYE intermediary as defined in section YA 1
i: any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1
ii: any salary, wages, or other section RD 3B RD 3C
b: does not include, for the purpose of Part 6 section RD 5(1)(b)(iii), (6)(b), or (c) employment
a: means work engaged in or carried out for the purposes of pecuniary gain or profit; and
b: in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment entitlement section 69 financial year first week compensation section 97 first week of incapacity
a: starting,—
i: in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences; or
ii: in any other case, on the day on which an incapacity resulting from a personal injury first commences; and
b: ending with the close of the sixth day after that day foreign representative
a: either as a member of the staff of a diplomatic mission of any State (within the meaning of the Diplomatic Privileges and Immunities Act 1968 Consular Privileges and Immunities Act 1971
b: as a representative or officer or employee of the Government of any country other than New Zealand; or
c: as a representative or officer or employee of any international organisation or of the Commonwealth Secretariat or of any organ of an international organisation or the Commonwealth Secretariat; or
d: as a representative at any conference convened in New Zealand by an international organisation or by the Commonwealth Secretariat former Act full-time employment
a: an average of at least 30 hours per week; or
b: a lesser number of hours, if the lesser number of hours is defined as full-time employment in the employment agreement under which the earner was employed, because of the particular nature of that employment full-time study government agency Part 8 section 324(4)(b)(ii) , a Crown entity, and the Māori Health Authority health and safety regulator section 16 Health New Zealand, the Māori Health Authority, or other provider section 4 health practitioner
a: means a person who is, or is deemed to be, registered with an authority established or continued by section 114
b: in relation to that health profession and to any purpose stated in a relevant notice under section 322A identified population group section 278B impairment section 322 incapacity
a: for the purposes of determining incapacity, means incapacity determined under section 103 section 105
b: includes absence from employment in order to get treatment for personal injury covered by this Act, if the treatment—
i: is necessary for the injury; and
ii: is treatment of a type that the claimant is entitled to under Part 1 individual rehabilitation plan
a: means a plan under section 75 section 70
b: includes an individual rehabilitation programme or individual rehabilitation plan entered into under a former Act Māori Health Authority section 17 medical practitioner mental injury section 27 Minister moped section 2(1) Land Transport Act 1998 motor vehicle section 2(1) Motor Vehicle Account section 213 motor vehicle injury sections 29 35 motorcycle section 2(1) Land Transport Act 1998 Motorcycle Safety levy section 214(3) New Zealand section 16 New Zealand superannuation qualification age
a: for a person born before 1 April 1936, means the appropriate age set out in section 3
b: for any other person, means the age specified in section 7 New Zealand Superannuation and Retirement Income Act 2001 irrespective of whether or not the particular person qualifies for New Zealand superannuation at that or any other age non-earner Non-Earners' Account section 227 nurse practitioner ordinarily resident in New Zealand section 17 other dependant
a: because of his or her physical or mental condition, he or she is financially dependent on the deceased claimant:
b: he or she is deriving average earnings per week of less than the minimum weekly earnings as determined under clause 42(3)
c: he or she is not the deceased claimant's spouse or partner
d: he or she is not a child of the deceased claimant under 18 years outstanding claims liability
a: claims notified to, and accepted by, the Corporation before that date, in respect of which payments have not been fully made at that date; and
b: claims that relate to events that have already occurred, but that have not been notified to, or accepted by, the Corporation as at that date; and
c: claims of a type described in paragraph (a) or paragraph (b) that have been taken on by the Corporation, in accordance with section 7 of the Accident Insurance (Transitional Provisions) Act 2000, under an agreement with an insurer overpayment section 248(1)(a) parental leave section 2(1) partner spouse or partner section 18A(1) to (3) PAYE income payment section RD 3(1) personal injury section 26 personal injury caused by a work-related gradual process, disease, or infection section 30 personal injury covered by any former Act
a: personal injury covered by the Accident Insurance Act 1998:
b: personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992:
c: personal injury by accident covered by the Accident Compensation Act 1982 or the Accident Compensation Act 1972 pharmaceutical
a: a prescription medicine, a restricted medicine, or a pharmacy-only medicine, as listed in Parts 1 2 3
b: a controlled drug as defined in the Misuse of Drugs Act 1975 place of education
a: means—
i: a composite school or a secondary school as defined by section 10(1) section 214
ii: an institution as defined by section 10(1)
iii: a registered establishment as defined by section 10(1)
b: includes any other prescribed place of education place of employment
a: occupied for the purposes of employment; or
b: to which a person has access because of his or her employment; or
c: attended by a person for a course of education or training for the purposes of his or her current employment, if he or she receives earnings from that employment for his or her attendance potential earner
a: suffered personal injury before turning 18 years; or
b: suffered personal injury while engaged in full-time study or training that began before the claimant turned 18 years and continued uninterrupted until after the claimant turned 18 years practicable
a: the nature and consequences of the injury:
b: the achievement of rehabilitation outcomes:
c: costs:
d: cost effectiveness:
e: the availability of other forms of rehabilitation:
f: other relevant factors practising certificate section 26(3) section 29(4) section 191(2) private domestic worker
a: who is employed by any other person where—
i: the employer is the occupier or one of the occupiers of a dwellinghouse or other premises used exclusively for residential purposes; and
ii: the employment is for the performance of work in or about the dwellinghouse or premises or the garden or grounds belonging to the dwellinghouse or premises; and
iii: the employment is not in relation to any business carried on by the employer or to any occupation or calling of the employer; and
iv: the employment is not regular full-time employment; and
b: to whom section RD 4 public health acute services section 322(2) registered health professional Registrar the District Court Part 5 rehabilitation
a: means a process of active change and support with the goal of restoring, to the extent provided under section 70
b: comprises treatment, social rehabilitation, and vocational rehabilitation road section 2(1) scope of practice section 5(1) self-employed person shareholder-employee specified maximum specified registry Part 5 the District Court spouse section 18(1) to (3) suffers
a: section 36 clause 55
b: section 37 clause 55
c: section 38 clause 55 treatment injury or tax year section YA 1 Tax Administration Act 1994 trade plate section 233(1) treatment
a: physical rehabilitation:
b: cognitive rehabilitation:
c: an examination for the purpose of providing a certificate including the provision of the certificate treatment injury section 32 Treatment Injury Account section 228 treatment provider vocational independence section 107
a: for which he or she is suited by reason of experience, education, or training, or any combination of those things; and
b: for 30 hours weekly compensation or partner
a: under any of clauses 32 47 66 70 71
b: under sections 131 210 224 Part 10 Part 11 weekly earnings Part 2 Work Account section 167 work-related personal injury sections 28 29(1) WorkSafe section 5
2: An example used in this Act is only illustrative of the provision it relates to. It does not limit the provision. 1998 No 114 s 13 Section 6(1) acupuncturist repealed 1 October 2019 section 3(2)(a) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) audiologist repealed 1 October 2019 section 3(2)(b) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) child amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 6(1) chiropractor repealed 1 October 2019 section 3(2)(c) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) claimant amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 6(1) clinical dental technician repealed 1 October 2019 section 3(2)(d) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) close company amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) Consumers Price Index inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 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) Crown funding agreement repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 6(1) dental technician repealed 1 October 2019 section 3(2)(e) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) dentist repealed 1 October 2019 section 3(2)(f) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) district health board or other provider repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 6(1) earner amended 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016 Section 6(1) Earners' Account Residual levy repealed 3 March 2010 section 6(1) Accident Compensation Amendment Act 2010 Section 6(1) employee amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) employee amended 29 March 2018 section 408(a) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 6(1) employee amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) employee amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 6(1) employer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) employer amended 26 March 2003 section 165(1) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 6(1) employer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) employer amended 29 March 2018 section 408(b) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 6(1) employer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) employer amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 6(1) employer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) Employers' Account repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) fully funded repealed 24 September 2015 section 4 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 6(1) government agency amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 6(1) health and safety regulator inserted 4 April 2016 section 5 Accident Compensation Amendment Act 2015 Section 6(1) Health New Zealand, the Māori Health Authority, or other provider inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 6(1) health practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) identified population group inserted 7 June 2023 section 5 Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023 Section 6(1) income year repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 6(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 6(1) medical error repealed 1 July 2005 section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) medical laboratory technologist repealed 1 October 2019 section 3(2)(h) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) Medical Misadventure Account repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) medical mishap repealed 1 July 2005 section 3(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) medical practitioner replaced 30 October 2022 section 4(1) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 6(1) medical radiation technologist repealed 1 October 2019 section 3(2)(j) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) midwife repealed 1 October 2019 section 3(2)(k) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) moped inserted 3 March 2010 section 6(3) Accident Compensation Amendment Act 2010 Section 6(1) moped amended 30 October 2022 section 4(2) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 6(1) Motor Vehicle Account Residual levy repealed 3 March 2010 section 6(1) Accident Compensation Amendment Act 2010 Section 6(1) motorcycle inserted 3 March 2010 section 6(3) Accident Compensation Amendment Act 2010 Section 6(1) motorcycle amended 30 October 2022 section 4(3) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 6(1) Motorcycle Safety levy inserted 3 March 2010 section 6(3) Accident Compensation Amendment Act 2010 Section 6(1) New Zealand superannuation qualification age substituted 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 6(1) New Zealand superannuation qualification age amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 6(1) nurse repealed 1 October 2019 section 3(2)(l) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) nurse practitioner replaced 1 October 2019 section 4(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 6(1) occupational therapist repealed 1 October 2019 section 3(2)(m) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) optometrist repealed 1 October 2019 section 3(2)(n) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) osteopath repealed 1 October 2019 section 3(2)(o) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) other dependant amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 6(1) partner inserted 26 April 2005 section 3 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 6(1) PAYE income payment inserted 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) personal injury caused by medical misadventure repealed 1 July 2005 section 3(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) pharmacist repealed 1 October 2019 section 3(2)(p) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) physiotherapist repealed 1 October 2019 section 3(2)(q) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) place of education replaced 1 August 2020 section 668 Education and Training Act 2020 Section 6(1) podiatrist repealed 1 October 2019 section 3(2)(r) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) practising certificate inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) private domestic worker amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) registered health professional replaced 1 October 2019 section 3(5) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) registered medical practitioner repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 6(1) Residual Claims Account repealed 3 March 2010 section 6(1) Accident Compensation Amendment Act 2010 Section 6(1) Residual Claims levy repealed 3 March 2010 section 6(1) Accident Compensation Amendment Act 2010 Section 6(1) scope of practice inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 6(1) Self-Employed Work Account repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) source deduction payment repealed 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) specified registry amended 1 March 2017 section 261 District Court Act 2016 Section 6(1) speech therapist repealed 1 October 2019 section 3(2)(t) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) suffers amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) tax year inserted 1 April 2005 section YA 2 Income Tax Act 2004 Section 6(1) tax year amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) trade plate substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 6(1) treatment injury inserted 1 July 2005 section 3(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) Treatment Injury Account inserted 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) treatment provider replaced 1 October 2019 section 3(7) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 6(1) vocational independence amended 1 July 2010 section 6(2) Accident Compensation Amendment Act 2010 Section 6(1) weekly compensation amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 6(1) Work Account inserted 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 6(1) WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
7: Acute treatment
Acute treatment
a: the first visit to a treatment provider for treatment for a personal injury for which the claimant has cover; and
b: the following treatments if, in the treatment provider's reasonable clinical judgment, the need for the treatment is urgent (given the likely clinical effect on the claimant of any delay in treatment):
i: any subsequent visit to that treatment provider for the injury referred to in paragraph (a); and
ii: any referral by that treatment provider to any other treatment provider for the injury referred to in paragraph (a). 1998 No 114 s 14
8: Cover
1: When this Act says a claimant has cover
a: under any of sections 20 21 22
b: under Part 10 Part 11
2: When this Act says that an injury is covered by this Act 1998 No 114 s 16
9: Earnings as an employee: what it means
1: Earnings as an employee tax year PAYE income payments tax year
2: This section is subject to sections 10 to 13 1998 No 114 s 17 Section 9(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 9(1) amended 1 April 2005 section YA 2 Income Tax Act 2004
10: Earnings as an employee: payments to spouse
or partner
1: Earnings as an employee tax year person A or partner person B
2: However, subsection (1) does not apply if person B, in order to calculate his or her income for the purposes of the Income Tax Act 2007
3: If subsection (2) applies, account must be taken of the following in determining person A's weekly earnings for as long as the Commissioner's consent relates to the services and to the amounts paid:
a: the services performed by person A after the date on which the Commissioner receives person B's application; and
b: any amounts paid after the date on which the Commissioner receives person B's application.
4: The Corporation may accept that there has been sufficient compliance with subsection (2), and levies are payable accordingly, if—
a: person A provides services to person B; and
b: person B submits or has submitted a return of income to the Commissioner; and
c: person B shows the amounts paid to person A for such services in the return as an expense incurred in the production of income for the purposes of the Income Tax Act 2007
d: person A includes the amounts paid to him or her by person B for such services in a return of income submitted to the Commissioner; and
e: person A pays or has paid tax (if appropriate) on such amounts. 1998 No 114 s 18 Section 10 heading amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 10(1) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 10(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 10(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 10(4)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 10(4)(c) amended 1 April 2005 section YA 2 Income Tax Act 2004
11: Earnings as an employee: what it does not include
1: Earnings as an employee tax year
a: any main benefit schedular payment
aa: any parental leave payments paid under Part 7A
ab: any payment paid under the Compensation for Live Organ Donors Act 2016
b: any student allowance established in accordance with regulations made under section 645
c: any amount allocated to a person or persons, other than the person who is the employee in question, under sections CD 11 CW 63 DB 58 GB 23 GB 24
cb: any benefit arising from a employee share scheme under section CE 2 section RD 7B
d: any amount deemed to be a dividend paid by any person, to the person who is the employee in question, under section GB 25
e: any redundancy payment; or
f: any retiring allowance; or
g: any pension from a superannuation scheme, or pension fund, that is not a retirement scheme (within the meaning of section 6(1) Superannuation Schemes Act 1989
h: any pension that is paid in the circumstances set out in any of the following provisions:
i: section DF 4 of the Income Tax Act 1994 or section DC 2 or section DC 2
ii: section DF 8A or section DF 8B of the Income Tax Act 1994 or section DC 3 or section DC 3
iii: sections FB 11 FB 12
2: In this section, main benefit veteran's pension New Zealand superannuation schedular payment section YA 1 1998 No 114 s 19 Section 11(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 11(1)(a) amended 30 March 2021 section 142 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(1)(a) amended 2 September 2013 section 16(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 11(1)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(aa) inserted 1 July 2002 section 6 Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 Section 11(1)(ab) inserted 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016 Section 11(1)(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 11(1)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(cb) inserted 1 April 2017 s 228(2)(b) section 228 Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 Section 11(1)(cb) amended 23 March 2020 section 275 Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 11(1)(d) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(g) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 11(1)(h) added 1 July 2005 section 4 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 11(1)(h)(i) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(h)(ii) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(1)(h)(iii) substituted 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 11(2) amended 30 March 2021 section 142 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(2) amended 2 September 2013 section 16(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 11(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
12: Earnings as an employee:
Work Account For the purpose of calculating the Work Account section 168 earnings as an employee
a: first week compensation; or
b: weekly compensation. 1998 No 114 s 19A Section 12 heading amended 3 March 2010 section 7(1) Accident Compensation Amendment Act 2010 Section 12 heading amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 12 amended 3 March 2010 section 7(2) Accident Compensation Amendment Act 2010 Section 12 amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
13: Earnings of private domestic workers
The Corporation must treat the earnings of a private domestic worker as earnings as an employee. Section 13 substituted 1 July 2005 section 5 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
14: Earnings as a self-employed person
1: Earnings as a self-employed person tax year
a: means A minus B, A being the amount described in subsection (2) and B being the amount described in subsection (3); and
b: does not include any earnings as an employee or earnings as a shareholder-employee.
2: A
a: that the person derives in the tax year Income Tax Act 2007
b: that is dependent on the person's personal exertions.
3: B that the person is allowed as deductions for the purposes of the Income Tax Act 2007 1998 No 114 s 20 Section 14(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14(2) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14(2)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14(2)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14(3) amended 1 April 2005 section YA 2 Income Tax Act 2004
15: Earnings as a shareholder-employee
1: Earnings as a shareholder-employee tax year
a: the amount described in subsection (2) (the subsection (2) amount
b: the amount described in subsection (3) (the subsection (3) amount tax year
2: The subsection (2) amount
a: all PAYE income payments tax year
b: all income of the person that is deemed to be income derived otherwise than from PAYE income payments under section RD 3B RD 3C
3: The subsection (3) amount
a: first, determine each of the following amounts:
i: an amount that represents reasonable remuneration for the services that the person provides to the company as an employee of the company in the tax year
ii: an amount that represents reasonable remuneration for the services that the person provides as a director of the company in the tax year
b: second, add the amounts described in paragraph (a)(i) and (ii), and the result is the subsection (3) amount
4: The earnings as an employee of the person as an employee of the company are the amount described in subsection (3)(a)(i).
5: The director's fees of the person as a director of the company are the amount described in subsection (3)(a)(ii).
6: The dividend of the person as a shareholder of the company is determined by the Corporation in the following way:
a: first, determine the total amount the company pays or provides to the person in any capacity in the tax year
b: second, deduct the subsection (3) amount
7: For the purposes of this section, earnings as a shareholder-employee section CE 2(2) or (4) section RD 7B 1998 No 114 s 21 Section 15(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(1)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(2)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 15(2)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(2)(b) amended 29 March 2018 section 409 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 15(2)(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 15(3)(a)(i) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(3)(a)(ii) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(6)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 15(7) inserted 1 April 2017 s 229(2)(b) section 229 Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016
16: New Zealand
1: New Zealand
a: the North Island, the South Island, Stewart Island, the Chatham Islands, and all other land territories, islands, and islets lying between the 162nd degree of east longitude and the 173rd degree of west longitude and between the 33rd and 53rd parallels of south latitude; and
b: those islands situated in the South Pacific Ocean lying between the 177th and 180th degrees of west longitude and between the 29th and 32nd parallels of south latitude, commonly known as the Kermadec Group; and
c: those parts of the internal waters of New Zealand (as defined by section 4
d: those parts of the territorial sea of New Zealand (as defined by section 3
e: any installation or drilling rig that—
i: is constructed, erected, placed, or used in, on, or above those parts of the continental shelf adjacent to the land territories, islands, and islets referred to in paragraphs (a) and (b); and
ii: has the purpose of the exploration of the continental shelf or the exploitation of the mineral or other natural non-living resources of the continental shelf.
2: In subsection (1)(e),—
a: continental shelf section 2(1)
b: installation drilling rig
i: any installation or drilling rig, whether permanent or temporary:
ii: any aircraft, floating platform, ship, or other device that is for the time being in, on, or above the continental shelf and is being used in connection with any installation or drilling rig.
3: A person remains in New Zealand when he or she—
a: embarks in New Zealand on an aircraft or ship or some other means of conveyance by air or sea—
i: to travel from one place in New Zealand to another place in New Zealand; or
ii: to return to his or her place of embarkation without disembarking at any other place; and
b: does not go beyond a limit of 300 nautical miles from any point or points in New Zealand. 1998 No 114 s 23
17: Ordinarily resident in New Zealand
1: A person is ordinarily resident in New Zealand if he or she—
a: has New Zealand as his or her permanent place of residence, whether or not he or she also has a place of residence outside New Zealand; and
b: is in one of the following categories:
i: a New Zealand citizen:
ii: a holder of a residence class visa granted under the Immigration Act 2009
iii: a person who is a spouse or a partner, child, or other dependant of any person referred to in subparagraph (i) or (ii), and who generally accompanies the person referred to in the subparagraph.
2: A person does not have a permanent place of residence in New Zealand if he or she has been and remains absent from New Zealand for more than 6 months or intends to be absent from New Zealand for more than 6 months. This subsection overrides subsection (3) but is subject to subsection (4).
3: A person has a permanent place of residence in New Zealand if he or she, although absent from New Zealand, has been personally present in New Zealand for a period or periods exceeding in the aggregate 183 days in the 12-month period immediately before last becoming absent from New Zealand. (A person personally present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that day.)
4: A person must be treated as having New Zealand as the person’s permanent place of residence if—
a: the person—
i: intends to resume a place of residence in New Zealand; and
ii: is absent from New Zealand primarily in connection with the person’s employment duties (the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes) or for up to 6 months following the completion of the person’s period of employment outside New Zealand; or
b: the person—
i: intends to resume (or assume) a place of residence in New Zealand; and
ii: is the spouse or partner, child, or other dependant of a person described in paragraph (a) and generally accompanies that person; and
iii: is outside New Zealand during the period of employment of the person described in paragraph (a) or for up to 6 months following the completion of it.
5: A person is not ordinarily resident in New Zealand if he or she is in New Zealand unlawfully within the meaning of the Immigration Act 2009
6: In this section,— child
a: means a child who, at the date of that child’s injury,—
i: was aged under 18, or was aged under 21 and was in full-time study at a place of education; and
ii: either—
A: was that person’s natural or adopted child; or
B: would ordinarily have been regarded as that person’s child because they were the child of that person’s spouse or partner, and that person acted as their parent; and
b: does not include an other dependant of that person other dependant
a: was financially dependent on that person because of the dependant’s mental or physical condition; and
b: was not that person’s spouse, partner, or child. 1998 No 114 s 24 Section 17(1)(b) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 17(4) replaced 12 April 2019 section 4 Accident Compensation Amendment Act 2019 Section 17(5) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 17(6) inserted 30 October 2022 section 5 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022
18: Spouse (and spouse in relation to deceased claimant)
1: Spouse person A
2: However, person A is not the spouse of a claimant if—
a: person A and the claimant are living apart; and
b: the claimant is not contributing financially to person A's welfare.
3: Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.
4: Spouse person B
5: However, person B is not the spouse of a deceased claimant if, at the time of the deceased claimant's death,—
a: person B and the deceased claimant were living apart; and
b: the deceased claimant was not contributing financially to person B's welfare.
6: Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant. 1998 No 114 s 25 Section 18(1) substituted 26 April 2005 section 4(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 18(4) substituted 26 April 2005 section 4(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
18A: Partner (and partner in relation to deceased claimant)
1: Partner person A
2: However, person A is not the partner of a claimant if—
a: person A and the claimant are living apart; and
b: the claimant is not contributing financially to person A's welfare.
3: Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.
4: Partner person B
a: with whom the deceased claimant was in a civil union immediately before his or her death; or
b: with whom the deceased claimant was in a de facto relationship immediately before his or her death.
5: However, person B is not the partner of a deceased claimant if, at the time of the deceased claimant's death,—
a: person B and the deceased claimant were living apart; and
b: the deceased claimant was not contributing financially to person B's welfare.
6: Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant. Section 18A inserted 26 April 2005 section 5 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
2: Cover
Preliminary provision
19: Key terms in this Part
This Part uses and defines the following key terms: accident section 25 mental injury section 27 motor vehicle injury sections 29(2) 35 personal injury section 26 personal injury caused by a work-related gradual process, disease, or infection section 30 treatment injury section 32 work-related personal injury sections 28 29(1) Section 19 substituted 1 July 2005 section 6 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Principles
20: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts
or work-related mental injury
1: A person has cover for a personal injury if—
a: he or she suffers the personal injury in New Zealand on or after 1 April 2002; and
b: the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e)
c: the personal injury is described in any of the paragraphs in subsection (2).
2: Subsection (1)(c) applies to—
a: personal injury caused by an accident to the person:
b: personal injury that is treatment injury suffered by the person:
c: treatment injury in circumstances described in section 32(7)
d: personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:
e: personal injury caused by a work-related gradual process, disease, or infection suffered by the person:
f: personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:
g: personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by the person for which the person has cover:
h: personal injury caused by a gradual process, disease, or infection consequential on treatment given to the person for personal injury for which the person has cover:
i: personal injury that is a cardiovascular or cerebrovascular episode that is treatment injury suffered by the person:
j: personal injury that is a cardiovascular or cerebrovascular episode that is personal injury suffered by the person to which section 28(3)
3: Subsections (1) and (2) are subject to the following qualifications:
a: section 23
b: section 24 (2)(e)
4: A person who suffers personal injury that is mental injury in circumstances described in section 21 1998 No 114 s 39 Section 20 heading amended 1 October 2008 section 5(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 20(2)(b) substituted 1 July 2005 section 7(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 20(2)(c) substituted 1 July 2005 section 7(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 20(2)(d) substituted 1 July 2005 section 7(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 20(2)(f) substituted 1 July 2005 section 7(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 20(2)(i) substituted 1 July 2005 section 7(5) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 20(3)(b) amended 1 August 2008 section 5(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
21: Cover for mental injury caused by certain criminal acts
1: A person has cover for a personal injury that is a mental injury if—
a: he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and
b: the mental injury is caused by an act performed by another person; and
c: the act is of a kind described in subsection (2).
2: Subsection (1)(c) applies to an act that—
a: is performed on, with, or in relation to the person; and
b: is performed—
i: in New Zealand; or
ii: outside New Zealand on, with, or in relation to a person who is ordinarily resident in New Zealand when the act is performed; and
c: is within the description of an offence listed in Schedule 3
3: For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.
4: Section 36
5: For the purposes of this section, it is irrelevant that—
a: no person can be, or has been, charged with or convicted of the offence; or
b: the alleged offender is incapable of forming criminal intent. 1998 No 114 s 40
21A: Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts
1: This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an outcome of any act of any other person, which act—
a: was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person); and
b: was within the description of any offence listed in Schedule 1 of the Accident Rehabilitation and Compensation Insurance Act 1992 (the 1992 Act
c: was performed before 1 July 1992 (including before 1 April 1974) and was performed—
i: in New Zealand; or
ii: outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the 1992 Act when the act was actually performed.
2: For the purpose of subsection (1),—
a: the personal injury is deemed to have been suffered on the date of the first treatment that the claimant received for that personal injury as that personal injury; and
b: that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and
c: the treatment must have been of a kind for which the Corporation was required or permitted to make payments either directly under regulations made under the 1992 Act or under an agreement or contract or arrangement under section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.
3: For the purposes of subsection (1), it is irrelevant—
a: that no person can be, or has been, charged with or convicted of the offence; or
b: that the alleged offender is incapable of forming criminal intent; or
c: whether or not the person who suffered the personal injury was ordinarily resident in New Zealand within the meaning of the 1992 Act when the personal injury is deemed to have been suffered.
4: Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury described in subsection (1), and the following provisions apply:
a: payments made by or through the Corporation (or a subsidiary of the Corporation) or the Department of Labour to those persons for a personal injury described in subsection (1), whether made before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent that the correct amounts were paid:
b: for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the belief that section 8(3) of the 1992 Act provided cover:
c: entitlements available as a result of cover deemed by this section are subject to Part 13 of the Accident Insurance Act 1998 and Part 11 this Act
d: Part 5
5: However, the following provisions apply to civil proceedings brought before or after the commencement of this section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in subsection (1) (the proceedings
a: if the plaintiff received judgment in the proceedings, in his or her favour, before the commencement of this section, the plaintiff does not have cover under this section for the injury or injuries to which the proceedings relate:
b: if the proceedings were filed, but not heard, before the date of introduction of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
c: if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and entitlements received from the Corporation for the personal injury for which damages are sought, and the court must take those payments and entitlements into account in awarding the plaintiff any damages:
d: on the date judgment is given in the proceedings, the plaintiff—
i: does not have cover under this section for the injury or injuries to which the proceedings relate; and
ii: must advise the Corporation of the judgment:
e: if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the Corporation may not recover any part of an amount that is deemed by subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992 Act. Section 21A inserted 11 May 2005 section 8 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 21A(4)(c) amended 3 March 2010 section 5(3) Accident Compensation Amendment Act 2010
21B: Cover for work-related mental injury
1: A person has cover for a personal injury that is a work-related mental injury if—
a: he or she suffers the mental injury inside or outside New Zealand on or after 1 October 2008; and
b: the mental injury is caused by a single event of a kind described in subsection (2).
2: Subsection (1)(b) applies to an event that—
a: the person experiences, sees, or hears directly in the circumstances described in section 28(1)
b: is an event that could reasonably be expected to cause mental injury to people generally; and
c: occurs—
i: in New Zealand; or
ii: outside New Zealand to a person who is ordinarily resident in New Zealand when the event occurs.
3: For the purposes of this section, it is irrelevant whether or not the person is ordinarily resident in New Zealand on the date on which he or she suffers the mental injury.
4: Section 36(1)
5: In subsection (2)(a), a person experiences, sees, or hears an event directly if that person—
a: is involved in or witnesses the event himself or herself; and
b: is in close physical proximity to the event at the time it occurs.
6: To avoid doubt, a person does not experience, see, or hear an event directly if that person experiences, sees, or hears it through a secondary source, for example, by—
a: seeing it on television (including closed circuit television):
b: seeing pictures of, or reading about, it in news media:
c: hearing it on radio or by telephone:
d: hearing about it from radio, telephone, or another person.
7: In this section, event
a: means—
i: an event that is sudden; or
ii: a direct outcome of a sudden event; and
b: includes a series of events that—
i: arise from the same cause or circumstance; and
ii: together comprise a single incident or occasion; but
c: does not include a gradual process. Section 21B inserted 1 October 2008 section 6 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
22: Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts
or work-related mental injury
1: A person has cover for a personal injury if—
a: he or she suffers the personal injury outside New Zealand on or after 1 April 2002; and
b: the personal injury is any of the kinds of injuries described in section 26(1)(a) or (b) or (c) or (e)
c: the person is ordinarily resident in New Zealand when he or she suffers the personal injury; and
d: the personal injury is one for which the person would have cover if he or she had suffered it in New Zealand.
2: Subsection (1) applies subject to subsection (3).
3: A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a result of treatment given to him or her while outside New Zealand, but only if the circumstances described in subsection (4) exist.
4: The circumstances are—
a: the treatment is given by a person who has qualifications that are the same as or equivalent to those of a registered health professional; and
b: the personal injury would be personal injury caused by treatment
c: the person is ordinarily resident in New Zealand when the treatment is given (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).
5: Section 38
6: A person who suffers personal injury that is mental injury in circumstances described in section 21
7: A person who suffers personal injury that is work-related mental injury in circumstances described in section 21B 1998 No 114 s 41 Section 22 heading amended 1 October 2008 section 7(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 22(3) substituted 1 July 2005 section 9(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 22(4)(b) amended 1 July 2005 section 9(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 22(5) substituted 1 July 2005 section 9(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 22(7) added 1 October 2008 section 7(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
23: Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand
1: A person not ordinarily resident in New Zealand does not have cover for a personal injury if he or she suffers it while he or she—
a: is on board a ship or aircraft or other means of conveyance described in subsection (2); or
b: is embarking or disembarking from any such ship or aircraft or conveyance.
2: Subsection (1)(a) relates to the ship, aircraft, or conveyance on which the person—
a: comes to New Zealand; or
b: leaves New Zealand; or
c: comes to New Zealand, is carried and accommodated in the course of visiting New Zealand, and leaves New Zealand.
3: For the purposes of subsection (1)(b),—
a: embarking begins as soon as a person is on a gangway, air bridge, or other thing attached to or laid against a ship, aircraft, or other conveyance and available for use in embarking:
b: disembarking finishes as soon as a person has left any gangway, air bridge, or other thing attached to or laid against a ship, aircraft, or other conveyance and available for use in disembarking. 1998 No 114 s 42
24: Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974
1: A person does not have cover for a personal injury caused by a work-related gradual process, disease, or infection if—
a: he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or worked in an environment, in the circumstances described in section 30(2)
b: he or she performed the task, or worked in the environment, outside New Zealand; and
c: he or she was not ordinarily resident in New Zealand when he or she performed the task or worked in the environment (whether or not he or she is ordinarily resident in New Zealand on the date on which he or she suffers the personal injury).
2: Section 37 1998 No 114 s 43 Key terms relating to cover
25: Accident
1: Accident
a: a specific event or a series of events, other than a gradual process, that—
i: involves the application of a force (including gravity), or resistance, external to the human body; or
ii: involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or
iii: involves a twisting movement of the body:
b: the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:
ba: the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:
c: a burn, or exposure to radiation or rays of any kind, on a specific occasion, which kind of occurrence does not include a burn or exposure caused by exposure to the elements:
d: the absorption of any chemical through the skin within a defined period of time not exceeding 1 month:
e: any exposure to the elements, or to extremes of temperature or environment, within a defined period of time not exceeding 1 month, that,—
i: for a continuous period exceeding 1 month, results in any restriction or lack of ability that prevents the person from performing an activity in the manner or within the range considered normal for the person; or
ii: causes death:
f: an application of a force or resistance internal to the human body at any time from the onset of labour to the completion of delivery that results in an injury described in Schedule 3A
2: However, accident
a: any of those kinds of occurrences if the occurrence is treatment given,—
i: in New Zealand, by or at the direction of a registered health professional; or
ii: outside New Zealand, by or at the direction of a person who has qualifications that are the same as or equivalent to those of a registered health professional; or
b: any ecto-parasitic infestation (such as scabies), unless it is work-related; or
c: the contraction of any disease carried by an arthropod as an active vector (such as malaria that results from a mosquito bite), unless it is work-related.
2A: Subsection (2)(a) does not apply to an accident of the kind described in subsection (1)(f)
3: The fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. 1998 No 114 s 28 Section 25(1)(a) substituted 1 July 2005 section 10(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 25(1)(b) substituted 1 July 2005 section 10(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 25(1)(ba) inserted 1 July 2005 section 10(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 25(1)(f) inserted 1 October 2022 section 6(1) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 25(2A) inserted 1 October 2022 section 6(2) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022
25A: Review of operation of Schedule 3A
1: As soon as practicable after 1 October 2025, the Minister must,—
a: for the purpose of determining whether any amendments to Schedule 3A Schedule 3A section 25(1)(f)
b: prepare a report of the review that includes recommendations on whether any amendments to Schedule 3A
c: present a copy of the report to the House of Representatives.
2: In preparing the report, the Minister must consult the parties the Minister thinks appropriate. Section 25A inserted 30 October 2022 section 7 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022
26: Personal injury
1: Personal injury
a: the death of a person; or
b: physical injuries suffered by a person, including, for example, a strain or a sprain; or
c: mental injury suffered by a person because of physical injuries suffered by the person; or
d: mental injury suffered by a person in the circumstances described in section 21
da: work-related mental injury that is suffered by a person in the circumstances described in section 21B
e: damage (other than wear and tear) to dentures or prostheses that replace a part of the human body.
1A: Personal injury 5% section 20(2)
1B: Personal injury
a: a personal injury other than a personal injury described in section 20(2)
b: the ageing process; or
c: any other factors.
2: Personal injury section 20(2)(e) to (h)
3: Personal injury section 20(2)(i) or (j)
4: Personal injury
a: personal injury caused wholly or substantially by the ageing process; or
b: personal injury to teeth or dentures caused by the natural use of those teeth or dentures.
5: For the purposes of subsection (1)(e) and to avoid doubt, prostheses 1998 No 114 s 29 Section 26(1)(da) inserted 1 October 2008 section 8 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 26(1A) inserted 1 July 2010 section 8 Accident Compensation Amendment Act 2010 Section 26(1A) amended 30 October 2022 section 8 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 26(1B) inserted 1 July 2010 section 8 Accident Compensation Amendment Act 2010
27: Mental injury
Mental injury 1998 No 114 s 30
28: Work-related personal injury
1: A work-related personal injury
a: while he or she is at any place for the purposes of his or her employment, including, for example, a place that itself moves or a place to or through which the claimant moves; or
b: while he or she is having a break from work for a meal or rest or refreshment at his or her place of employment; or
c: while he or she is travelling to or from his or her place of employment at the start or finish of his or her day's work, if he or she is an employee and if the transport—
i: is provided by the employer; and
ii: is provided for the purpose of transporting employees; and
iii: is driven by the employer or, at the direction of the employer, by another employee of the employer or of a related or associated employer; or
d: while he or she is travelling, by the most direct practicable route, between his or her place of employment and another place for the purposes of getting treatment for a work-related personal injury, if the treatment—
i: is necessary for the injury; and
ii: is treatment of a type that the claimant is entitled to under Part 1
2: In subsection (1)(d), most direct practicable route
3: Work-related personal injury
4: Work-related personal injury
4A: Work-related personal injury section 21B
5: Work-related personal injury treatment injury as defined in section 32
6: Work-related personal injury
a: the personal injury is suffered in any of the circumstances described in subsection (1); and
b: the personal injury is suffered in the circumstances described in section 21
c: the person elects to have the personal injury regarded as a non-work injury, in which case that personal injury is a non-work injury.
7: It is irrelevant to the decision whether the person suffered a work-related personal injury that, when the event causing the injury occurred, he or she—
a: may have been acting in contravention of any legislation
b: may have been working under an illegal contract; or
c: may have been indulging in, or may have been the victim of, misconduct, skylarking, or negligence; or
d: may have been the victim of a force of nature.
8: This section is subject to section 29 1998 No 114 s 32 Section 28(4A) inserted 1 October 2008 section 9 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 28(5) amended 1 July 2005 section 11 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 28(7)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
29: Personal injury that is both work-related and motor vehicle injury
1: An injury is a work-related personal injury, and is not a motor vehicle injury, if it—
a: falls within the definitions of both work-related personal injury and motor vehicle injury; but
b: is suffered in the circumstances described in section 28(1)(c) or (d)
2: An injury is a motor vehicle injury, and is not a work-related personal injury, if it—
a: falls within the definitions of both motor vehicle injury and work-related personal injury; but
b: is suffered in the circumstances described in section 28(1)(a) or (b)
3: However, a person is entitled to first week compensation if either subsection (1) or subsection (2) applies. 1998 No 114 ss 32(4), 38(3)
30: Personal injury caused by work-related gradual process, disease, or infection
1: Personal injury caused by a work-related gradual process, disease, or infection
a: suffered by a person; and
b: caused by a gradual process, disease, or infection; and
c: caused in the circumstances described in subsection (2).
1A: Subsection (1)(c) is subject to subsection (2A).
1A:
2: The circumstances are—
a: the person—
i: performs an employment task that has a particular property or characteristic; or
ii: is employed in an environment that has a particular property or characteristic; and
b: the particular property or characteristic—
i: causes, or contributes to the cause of, the personal injury; and
ii:
iii: may or may not be present throughout the whole of the person's employment; and
c: that, if the particular property or characteristic is present in both the person’s employment tasks or environment and non-employment activities or environment, it is more likely that the person’s personal injury was caused as a result of the employment tasks or environment rather than the non-employment activities or environment.
2A: However, even if it is established that a claimant’s personal injury was caused in the circumstances described in subsection (2), the Corporation may decline the claim if the Corporation establishes that the risk of suffering the personal injury is not significantly greater for persons who—
a: perform the employment task than it is for persons who do not perform it; or
b: are employed in that type of environment than it is for persons who are not.
2A:
3: Personal injury caused by a work-related gradual process, disease, or infection
a: of a type described in Schedule 2
b: suffered by a person who is or has been in employment—
i: that involves exposure, or the prescribed level or extent of exposure, to agents, dusts, compounds, substances, radiation, or things (as the case may be) described in that schedule in relation to that type of personal injury; or
ii: in an occupation, industry, or process described in that schedule in relation to that type of personal injury.
3A: To avoid doubt, where a claim is lodged for cover for a work-related gradual process, disease, or infection, section 57
4: Personal injury of a type described in subsection (3) does not require an assessment of causation under subsection (1)(b) or (c).
4A: This Act covers personal injury caused by a work-related gradual process, disease, or infection only if—
a: the exposure to the gradual process, disease, or infection actually occurred in New Zealand; or
b: the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.
5: Personal injury caused by a work-related gradual process, disease, or infection
a: personal injury related to non-physical stress; or
b: any degree of deafness for which compensation has been paid under the Workers' Compensation Act 1956.
6: Subsection (7) applies if, before 1 April 1974, the person—
a: performed an employment task that had a particular property or characteristic; or
b: was employed in an environment that had a particular property or characteristic.
7: The circumstances referred to in subsection (6) do not prevent the person's personal injury from being personal injury caused by a work-related gradual process, disease, or infection, but he or she does not have cover for it if section 24 section 361 1998 No 114 s 33 Section 30(1A) inserted 30 October 2022 section 9(1) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 30(1A) repealed 1 July 2010 section 9(1) Accident Compensation Amendment Act 2010 Section 30(2)(b)(ii) repealed 30 October 2022 section 9(2) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 30(2)(c) replaced 30 October 2022 section 9(3) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 30(2A) inserted 30 October 2022 section 9(4) Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 30(2A) repealed 1 July 2010 section 9(4) Accident Compensation Amendment Act 2010 Section 30(3) substituted 1 August 2008 section 10(5) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 30(3A) inserted 1 August 2008 section 10(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 30(4A) inserted 1 July 2005 section 12 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
31: Ministerial advisory panel on work-related gradual process, disease, or infection
Section 31 repealed 3 March 2010 section 10 Accident Compensation Amendment Act 2010
32: Treatment injury
1: Treatment injury
a: suffered by a person—
i: seeking treatment from 1 or more registered health professionals; or
ii: receiving treatment from, or at the direction of, 1 or more registered health professionals; or
iii: referred to in subsection (7); and
b: caused by treatment; and
c: not a necessary part, or ordinary consequence, of the treatment, taking into account all the circumstances of the treatment, including—
i: the person's underlying health condition at the time of the treatment; and
ii: the clinical knowledge at the time of the treatment.
2: Treatment injury
a: personal injury that is wholly or substantially caused by a person's underlying health condition:
b: personal injury that is solely attributable to a resource allocation decision:
c: personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment.
3: The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury
4: Treatment injury
5: One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to participate in the trial.
6: The other circumstance referred to in subsection (4) is where—
a: an ethics committee—
i: approved the trial; and
ii: was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or distributor of the medicine or item being trialled; and
b: the ethics committee was approved by the Health Research Council of New Zealand or the Director-General of Health at the time it gave its approval.
7: If a person ( person A
a: person A's spouse or partner, if person A has passed the infection on directly to the spouse or partner:
b: person A's child, if person A has passed the infection on directly to the child:
c: any other third party, if person A has passed the infection on directly to that third party:
d: person A's child or any other third party, if—
i: person A has passed the infection directly to his or her spouse or partner; and
ii: person A's spouse or partner has then passed the infection directly to the child or third party. Section 32 substituted 1 July 2005 section 13 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
33: Treatment
1: For the purposes of determining whether a treatment injury has occurred, or when that injury occurred, treatment
a: the giving of treatment:
b: a diagnosis of a person's medical condition:
c: a decision on the treatment to be provided (including a decision not to provide treatment):
d: a failure to provide treatment, or to provide treatment in a timely manner:
e: obtaining, or failing to obtain, a person's consent to undergo treatment, including any information provided to the person (or other person legally entitled to consent on their behalf if the person does not have legal capacity) to enable the person to make an informed decision on whether to accept treatment:
f: the provision of prophylaxis:
g: the failure of any equipment, device, or tool used as part of the treatment process, including the failure of any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or by fair wear and tear), whether at the time of giving treatment or subsequently:
h: the application of any support systems, including policies, processes, practices, and administrative systems, that—
i: are used by the organisation or person providing the treatment; and
ii: directly support the treatment.
2: Subsection (1) does not affect the application of the definition of treatment in section 6(1)
3: Subsection (2) is for the avoidance of doubt. Section 33 substituted 1 July 2005 section 13 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
34: Cover for personal injury caused by medical misadventure before 1 July 2005
1: This section applies to—
a: claims for cover for personal injury caused by medical misadventure that were lodged with the Corporation before 1 July 2005, but have not been determined; and
b: claims for cover for personal injury caused by medical misadventure that were declined by the Corporation before 1 July 2005, but are lodged again on or after that date as claims for cover for treatment injury (and not lodged as claims referred to in subsection (4)).
2: Claims lodged in the circumstances described in subsection (1) must be determined under the relevant provisions in force immediately before 1 July 2005.
3: Reviews and appeals must be dealt with under the relevant provisions of Part 5
a: was made before 1 July 2005; or
b: is one to which subsection (2) applies.
4: Subsection (1)(b) does not apply in relation to a claimant if,—
a: before 1 July 2005, the Corporation declined the claimant's claim for cover for personal injury caused by medical misadventure because there was no personal injury; and
b: on or after 1 July 2005, the claimant lodges a claim for cover for treatment injury in respect of a personal injury that—
i: occurred after the decision to decline the earlier claim (whether before or after 1 July 2005); and
ii: arises out of the circumstances on which the earlier claim was based.
5: To avoid doubt, a claim for cover for personal injury caused by medical misadventure before 1 July 2005 that is lodged for the first time on or after 1 July 2005 must be determined under the relevant provisions in force on or after 1 July 2005 (that is, it is to be determined as if it were a treatment injury). Section 34 substituted 1 July 2005 section 13 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 34(5) inserted 5 December 2013 section 4 Accident Compensation Amendment Act (No 2) 2013
35: Motor vehicle injury
1: Motor vehicle injury
a: means—
i: a personal injury suffered because of the movement of a motor vehicle; or
ii: a personal injury suffered because of a stationary motor vehicle being struck by another motor vehicle or some other means of conveyance; but
b: does not include a personal injury that is a work-related mental injury.
2: However, motor vehicle injury
a: in the course of loading, unloading, repairing, or servicing a motor vehicle; or
b: in the course of any use of a motor vehicle other than as a means of conveyance; or
c: in the course of off-road use of a motor vehicle.
3: In subsection (2)(c), off-road use
4: This section is subject to section 29 1998 No 114 s 38 Section 35(1) substituted 1 October 2008 section 11 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Relevant dates of injury
36: Date on which person is to be regarded as suffering mental injury
1: The date on which a person suffers mental injury in the circumstances described in section 21 or 21B
2: The date on which a person suffers mental injury because of physical injuries suffered by the person is the date on which the physical injuries are suffered.
3: In subsection (1), treatment
4: This section does not apply for the purposes of clause 55 1998 No 114 s 44 Section 36(1) amended 1 October 2008 section 12 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
37: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
1: The date on which a person suffers personal injury caused by a work-related gradual process, disease, or infection is the earlier of the following dates:
a: the date on which the person first receives treatment from a or nurse practitioner
b: the date on which the personal injury first results in the person's incapacity.
2: Subsection (1) applies subject to subsection (3).
3: A person suffers his or her personal injury on the date specified in subsection (4) if he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2)
4: A person to whom subsection (3) applies must be regarded as having suffered his or her personal injury on 1 July 1992, unless he or she actually suffers it on a date later than 1 July 1992 determined under subsection (1).
5: This section is subject to clause 55(2) 1998 No 114 s 45 Section 37(1)(a) amended 1 August 2008 section 13 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 37(1)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
38: Date on which person is to be regarded as suffering treatment injury
1: The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for the symptoms of that personal injury.
2: Subsection (1) applies even if it was not known, at the time the treatment was first sought or received for the symptoms, that previous treatment was the cause of the symptoms.
3: In subsection (1), treatment
4: This section is subject to clause 55(3) Section 38 substituted 1 July 2005 section 14 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
3: Code of ACC Claimants' Rights, and claims
Code of ACC Claimants' Rights
39: Meaning of Corporation
In sections 40 45 Corporation
a: an accredited employer (within the meaning of section 181
b: a person acting as an agent of the Corporation; and
c: a person who provides services (excluding treatment) to claimants on behalf of or authorised by the Corporation.
40: Purpose of Code
1: The purpose of the Code of ACC Claimants' Rights is to meet the reasonable expectations of claimants (including the highest practicable standard of service and fairness) about how the Corporation should deal with them, by—
a: conferring rights on claimants and imposing obligations on the Corporation in relation to how the Corporation should deal with claimants; and
b: providing for the procedure for lodging and dealing with complaints about breaches of the Code by the Corporation; and
c: providing—
i: for the consequences of, and remedies for, a breach of the Code by the Corporation; and
ii: without limiting subparagraph (i), how and to what extent the Corporation must address situations where its conduct is not consistent with or does not uphold the rights of claimants under the Code; and
d: explaining a claimant's right to a review, under Part 5
2: The rights and obligations in the Code—
a: are in addition to any other rights claimants have and obligations the Corporation has under this Act, any other enactment, or the general law; and
b: do not affect the entitlements and responsibilities of claimants under this Act, any other enactment, or the general law.
41: Code applies generally
1: The Code applies not only for the purposes of this Part but also for the purposes of this Act generally.
2: This section applies to avoid doubt.
42: Corporation to prepare draft Code in consultation with persons nominated by Minister
1: The Corporation must, as soon as practicable after this section comes into force, prepare a draft Code of ACC Claimants' Rights.
2: In preparing a draft Code the Corporation must consult such persons, bodies, organisations, and agencies as the Minister considers necessary to ensure that a wide range of views is available to the Corporation to assist it in preparing a draft Code.
3: In subsection (2), organisations
4: For the purposes of subsection (2), the Minister may take into account any relevant consultation undertaken by the Corporation before this section comes into force.
5: After preparing the draft code, the Corporation must forward it to the Minister.
43: Public consultation on draft Code after agreement by Minister
1: If the Minister agrees with the draft Code forwarded to him or her under section 42(5)
a: in the Gazette
b: in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin.
2: Notification of the draft Code must state—
a: that written submissions on the draft Code are invited from members of the public and interested organisations; and
b: where copies of the draft Code may be obtained; and
c: the closing date for submissions; and
d: the address submissions are to be forwarded to.
3: The Corporation must—
a: prepare a report on the submissions, including any proposed amendments to the draft Code; and
b: forward the report to the Minister.
44: Approval of Code by Minister
1: After considering the report and making any amendments (whether recommended or not) to the draft Code, the Minister must approve the Code.
2: The Code is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
45: Corporation's obligations in respect of Code
1: The Corporation must, in all its dealings with claimants, ensure that its actions are consistent with and uphold the rights of claimants in the Code.
2: The Corporation must—
a: make the Code accessible to claimants and members of the public generally; and
b: promote awareness of the Code among claimants and members of the public generally.
3: For the purposes of subsection (2), the Corporation must make the Code accessible, and promote awareness of the Code, in a variety of communications media and languages.
46: Application of Legislation Act 2012 to Code
Section 46 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
47: Amendments to Code
1: The Code may be amended by the Minister approving
2: Sections 42(2) to (5) 43 44
3: However, sections 42(2) to (5) 43
a: the amendment is a minor or technical amendment; and
b: the Minister considers that compliance with those provisions is unnecessary. Section 47(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 47(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Claims process
48: Person to lodge claim for cover and entitlement
A person who wishes to claim under this Act must lodge a claim with the Corporation for—
a: cover for his or her personal injury; or
b: cover, and a specified entitlement, for his or her personal injury; or
c: a specified entitlement for his or her personal injury, once the Corporation has accepted the person has cover for the personal injury. 1998 No 114 s 54
49: Treatment provider lodging claim on behalf of person
A treatment provider lodging a claim under section 48 1998 No 114 s 57
50: Responsibilities of Corporation after claim lodged
1: On receiving a claim for cover under section 48
a: decide whether or not it accepts that the person has cover; and
b: if it accepts that the person has cover,—
i: provide information about the entitlements to which it considers the claimant may be entitled; and
ii: facilitate the claimant's access to those entitlements.
2: If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information on the role of the Health and Disability Commissioner under the Code of Health and Disability Services Consumers' Rights. Section 50(2) added 1 July 2005 section 15 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
51: When claim is lodged and received
For all the purposes of this Act, a claim under section 48 1998 No 114 s 58(1)
52: Manner of making claim
1: A person must lodge a claim with the Corporation in a manner specified by the Corporation.
2: The Corporation must specify a manner that it is reasonable to expect the person to comply with.
3: The Corporation may impose reasonable requirements on the person, such as, for example, requiring the person to lodge a written claim. 1998 No 114 s 60
53: Time for making claim
1: A person must lodge a claim with the Corporation within the time limit specified in this section.
2: The Corporation must not decline a claim lodged after the time limit specified in this section on the ground that the claim was lodged late, unless the claim's lateness prejudices the Corporation in its ability to make decisions.
3: A person must lodge a claim under section 48
a: in the case of a claim for cover, within 12 months after the date on which he or she suffers the personal injury; or
b: in the case of a claim for an entitlement, within 12 months after the date on which the need for the entitlement arose.
4: Despite subsection (3), if a claim is for a treatment injury, a person must lodge the claim under section 48
a: in the case of a claim for cover, within 12 months after the later of—
i: the date that the personal injury was first considered by a registered health professional to be a treatment injury; or
ii: the date that the person suffered the treatment injury (as determined under section 38
b: in the case of a claim for an entitlement, within 12 months after the later of—
i: the date on which the need for the entitlement arose; or
ii: if the need for entitlement arose before the injury was diagnosed as being a treatment injury, and a claim for cover for that injury has been lodged with the Corporation, the date on which the Corporation accepted the claim for cover. 1998 No 114 s 61(1)–(5) Section 53(4) added 1 July 2005 section 16 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
54: Responsibility of Corporation to make reasonable decisions in timely manner
The Corporation must make every decision on a claim on reasonable grounds, and in a timely manner, having regard to the requirements of this Act, the nature of the decision, and all the circumstances. 1998 No 114 s 62
55: Responsibilities of claimant to assist in establishment of cover and entitlements
1: A person who lodges a claim under section 48
a: give the Corporation a certificate by a registered health professional that deals with the matters, and contains the information, that the Corporation requires:
b: give the Corporation any other relevant information that the Corporation requires:
c: authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:
d: undergo a medical assessment by a registered health professional specified by the Corporation, at the Corporation's expense:
e: undergo any other assessment at the Corporation's expense.
2: Whenever reasonably requested to do so by the Corporation, a person who lodges a claim under section 48
3: If the Corporation requires the person to do so, the person must make the statement referred to in subsection (2) as a statutory declaration or in a form supplied by the Corporation. 1998 No 114 s 63
56: Steps Corporation takes to action claims for cover
1: This section applies to a claim for cover that is not a claim described in section 57
2: The Corporation must take the following steps as soon as practicable, and no later than 21 days, after the claim is lodged:
a: investigate the claim—
i: at its own expense; and
ii: to the extent reasonably necessary to enable it to take the following steps in this subsection; and
b: either—
i: make its decision on the claim and give notice of it under section 64
ii: decide that it cannot make its decision on the claim, or any other decision, without additional information, extend the time for making its decision, and tell the person making the claim about the extension.
3: Except where it decides under subsection (2)(b)(ii) that it needs additional information, section 58
4: If subsection (2)(b)(ii) applies, the Corporation must take the following steps as soon as practicable:
a: make a reasonable request to the person, or decide to make a request to another person, for the additional information; and
b: if the Corporation makes a request to another person for the additional information, tell the person making the claim about the making of the request and its nature; and
c: make its decision on the claim and give notice of it under section 64
5: In any case dealt with under subsection (4), the Corporation's decision on the claim must be made within 4 months of the claim being lodged. 1998 No 114 s 64
57: Steps Corporation takes to action complicated claims for cover
1: This section applies to a claim for cover—
a: for mental injury in the circumstances described in section 21 or 21B
b: for personal injury caused by a work-related gradual process, disease, or infection:
c: for personal injury caused by treatment
d: lodged outside the period stated in section 53
2: The Corporation must take the following steps as soon as practicable, and no later than 2 months, after the claim is lodged:
a: investigate the claim—
i: at its own expense; and
ii: to the extent reasonably necessary to enable it to take the following steps in this subsection; and
b: either—
i: make its decision on the claim and give notice of it under section 64
ii: decide that it cannot make its decision on the claim, or any other decision, without additional information, and tell the person of the extension, which must not exceed 2 months, that will be required.
3: The Corporation must take the following steps as soon as practicable, and no later than the expiry of the extension:
a: make a reasonable request to the person, or decide to make a request to another person, for the additional information; and
b: if the Corporation proposes to make a request to another person for the additional information, tell the person making the claim about the making of the request and its nature; and
c: make its decision on the claim and give notice of it under section 64
4: The Corporation and the person making the claim may agree to further extensions after the extension referred to in subsection (3), and that subsection applies to any further extension, but the Corporation's decision on the claim must be made within 9 months of the claim being lodged.
5: If the Corporation finds that the claim is an uncomplicated claim under section 56 1998 No 114 s 65 Section 57(1)(a) amended 1 October 2008 section 14 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 57(1)(c) amended 1 July 2005 section 17 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
58: Effect of failure to meet time limits
1: When the Corporation fails to comply with a time limit under section 56 section 57
2: When subsection (1) applies, the Corporation must tell the person that—
a: the time limit has expired without the Corporation having made a decision; and
b: the effect is that the claimant has a decision that the claimant has cover; and
c: the date of the decision is the date of the expiry of the time limit. 1998 No 114 s 66 Decisions on cover and entitlements
59: Decision on cover independent of acceptance of levy
1: The fact that the Corporation accepts a levy does not of itself decide the question of whether or not a person has cover.
2: The question of whether or not a person has cover is determined by the provisions of this Act. 1998 No 114 s 67
60: Decision on claim for Schedule 2 injury
The Corporation may decline a claim that a personal injury is a work-related personal injury of a kind described in section 30(3)
a: the person is not suffering from a personal injury of a kind described in Schedule 2
b: the person's personal injury has a cause other than his or her employment. 1998 No 114 s 68
61: Decision on claim for noise-induced hearing loss caused by work-related gradual process
1: When the Corporation determines cover for hearing loss caused by noise exposure within a person's employment, the Corporation must assess the percentage of binaural hearing loss caused in these circumstances by applying the pure tone audiometry test and any other test that the Corporation considers to be appropriate for this purpose.
2: All tests under subsection (1) must be performed—
a: by a treatment provider who holds qualifications satisfactory to the Corporation; and
b: in accordance with any regulations made under this Act for this purpose. 1998 No 114 s 69
62: Decision on claim for treatment injury
1: When investigating a claim for cover for a treatment injury, the Corporation may seek clinical advice if the Corporation considers the advice will assist it in determining the claim.
2: Subsection (1) does not prevent the Corporation from seeking advice in other situations.
3: Subsection (2) is for the avoidance of doubt. Section 62 substituted 1 July 2005 section 18 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
63: Corporation must tell claimant about review rights
The Corporation must tell the claimant that he or she has the right to apply for a review of any of the Corporation's decisions on the claim, including a decision under section 58 1998 No 114 s 71
64: Corporation must give notice of decisions
1: The Corporation must give notice of its decision on a claim to the claimant.
2: In the case of a claim for cover for a work-related personal injury to an employee, the Corporation must give notice of its decision on the claim for cover to every employer entitled to apply for a review of that decision.
3:
4: Every notice given under this section must—
a: be written; and
b: contain the reasons for the decision; and
c: give the claimant or other person information about his or her rights to apply for review, including details of the time available to do so and an explanation of when applications can be made outside that time. 1998 No 114 s 72 Section 64(3) repealed 1 July 2005 section 19 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
65: Corporation may revise decisions
1: If the Corporation considers it made a decision in error, it may revise the decision at any time, whatever the reason for the error.
2: The Corporation may revise a decision deemed by section 58
3: A revision may—
a: amend the original decision; or
b: revoke the original decision and substitute a new decision.
4: Every amendment to a decision, and every substituted decision, is a fresh decision.
5: Sections 19 to 23 1998 No 114 s 73(1)–(3) Section 65(5) added 25 January 2005 section 200 Crown Entities Act 2004
66: Corporation must keep claims files
The Corporation must keep every claim file for at least 10 years after the date of the latest action the Corporation has recorded on the claim. 1998 No 114 s 74
4: Entitlements and related matters
Entitlements
67: Who is entitled to entitlements
A claimant who has suffered a personal injury is entitled to 1 or more entitlements if he or she—
a: has cover for the personal injury; and
b: is eligible under this Act for the entitlement or entitlements in respect of the personal injury. 1998 No 114 s 79
68: Corporation provides entitlements in accordance with this Act
1: The Corporation provides entitlements to claimants in accordance with this Act.
2: If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this Act.
3: However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it is satisfied that—
a: the entitlement or payment could be provided but for a requirement in section 127(4) section 129 section 379(2) clauses 4 13 15 17 19(3)(e) 22(1)
b: the provision of the entitlement or payment would be consistent with the purpose of this Act.
4: The exercise of a discretion under subsection (3) is subject to section 134(1A) Section 68 substituted 1 July 2005 section 20(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
69: Entitlements provided under this Act
1: The entitlements provided under this Act are—
a: rehabilitation, comprising treatment, social rehabilitation, and vocational rehabilitation:
b: first week compensation:
c: weekly compensation:
d: lump sum compensation for permanent impairment:
e: funeral grants, survivors' grants, weekly compensation for the spouse or partner
2: The entitlements provided under this Act also include the entitlements referred to in Parts 10 11 Section 69(1)(e) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
70: Claimant's and Corporation's obligations in relation to rehabilitation
A claimant who has suffered personal injury for which he or she has cover—
a: is entitled to be provided by the Corporation with rehabilitation, to the extent provided by this Act, to assist in restoring the claimant's health, independence, and participation to the maximum extent practicable; but
b: is responsible for his or her own rehabilitation to the extent practicable having regard to the consequences of his or her personal injury. 1998 No 114 Schedule 1 cl 28
71: Employer's obligations in relation to rehabilitation
1: This section applies to an employer if—
a: the Corporation decides, under section 86(2)(a)
b: the Corporation gives the employer notice, in writing, of the decision.
2: The employer must take all practicable steps to assist the claimant with the claimant's vocational rehabilitation under his or her individual rehabilitation plan. Responsibilities of claimant
72: Responsibilities of claimant who receives entitlement
1: A claimant who receives any entitlement must, when reasonably required to do so by the Corporation,—
a: give the Corporation a certificate by a registered health professional or treatment provider that deals with the matters and contains the information that the Corporation requires:
b: give the Corporation any other relevant information that the Corporation requires:
c: authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:
d: undergo assessment by a registered health professional specified by the Corporation, at the Corporation's expense:
e: undergo assessment, at the Corporation's expense:
f: co-operate with the Corporation in the development and implementation of an individual rehabilitation plan:
g: undergo assessment of present and likely capabilities for the purposes of rehabilitation, at the Corporation's expense:
h: participate in rehabilitation.
2: Every such claimant must give the Corporation a statement in writing about any matters relating to the claimant's entitlement, or continuing entitlement, to an entitlement that the Corporation specifies, and must do so whenever the Corporation requires such a statement.
3: If the Corporation requires the claimant to do so, the claimant must make the statement referred to in subsection (2) as a statutory declaration or in a form supplied by the Corporation. 1998 No 114 s 115 Treatment
73: Payment of treatment providers for acute treatment
1: In this section, treatment
a: is treatment of a type that the Corporation is liable to provide under this Act; and
b: is acute treatment; and
c: is not a public health acute service.
2: A claimant is not liable to pay that part of the treatment provider's fee that is an entitlement.
3: A treatment provider who wishes to seek payment of the part of the fee that is an entitlement must seek it—
a: from the person specified in arrangements the treatment provider has made for being paid for treating people suffering personal injury covered by this Act; or
b: if the treatment provider has not made any such arrangements, from the Corporation. 1998 No 114 s 80
74: Limits on treatment providers in decisions on acute treatment
1: A treatment provider to whom a claimant presents for treatment may exercise the clinical judgment described in section 7(b)
2: A treatment provider qualified as required by subsection (1) who makes a clinical judgment that treatment requires an acute admission must ensure that the treatment is provided by—
a: a publicly funded provider; or
b: if the Corporation gives its prior agreement, a provider that is not a publicly funded provider; or
c: if, for reasons of clinical safety, treatment by a publicly funded provider is not practicable, a provider that is not a publicly funded provider.
3: A treatment provider who is not qualified as required by subsection (1) must refer the claimant to a treatment provider who is so qualified, and the visit to that treatment provider, on referral, is also regarded as acute treatment.
4: For the purposes of subsection (2),— acute admission publicly funded provider Health New Zealand, the Māori Health Authority, or the Minister of Health 1998 No 114 s 81 Section 74(4) publicly funded provider amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Individual rehabilitation plan
75: Corporation to determine need for rehabilitation plan
Within 13 weeks after the Corporation accepts the claimant's claim for cover, the Corporation—
a: must—
i: determine whether the claimant is likely to need social or vocational rehabilitation after the 13 weeks have ended; and
ii: if so, prepare an individual rehabilitation plan in consultation with the claimant; and
b: may include in the plan provision for treatment. 1998 No 114 Schedule 1 cl 30
76: Provision of rehabilitation before and after individual rehabilitation plan agreed
1: Before an individual rehabilitation plan for the claimant is agreed, the Corporation is liable to provide the claimant with—
a: social rehabilitation that the Corporation considers suitable for the claimant and necessary in the circumstances, having regard to the purpose in section 79
b: vocational rehabilitation that the Corporation considers suitable for the claimant and appropriate in the circumstances, having regard to the purpose in section 80
2: The Corporation may provide rehabilitation under subsection (1) before—
a: any assessment of the claimant is undertaken or completed for the purposes of this Part; or
b: starting or concluding its consideration of the matters specified in section 87(1)
3: To avoid doubt, subsections (1) and (2) do not prevent the provision of treatment before an individual rehabilitation plan is agreed.
4: After an individual rehabilitation plan for the claimant is agreed, the Corporation is liable to provide the claimant with rehabilitation in accordance with the plan and Schedule 1 1998 No 114 Schedule 1 cl 29
77: Assessment of needs and content of plan
1: In preparing an individual rehabilitation plan, the Corporation must assess the claimant's needs for rehabilitation having regard to the purposes in sections 79 80
2: An individual rehabilitation plan must—
a: identify the claimant's needs for rehabilitation; and
b: identify the assessments to be done; and
c: identify services appropriate to those needs, whether or not the Corporation is liable to provide any or all of those services; and
d: specify which of the services identified under paragraph (c) that the Corporation will provide, pay for, or contribute to.
3: For the purposes of subsection (2)(a), the Corporation must assess a claimant's needs for—
a: social rehabilitation under section 84 clauses 13 to 23
b: for vocational rehabilitation under sections 89 to 96
4: However, the Corporation is not required to assess a claimant's needs under subclause (3)(b) if the claimant's needs are solely related to maintaining employment. 1998 No 114 Schedule 1 cl 31
78: Individual rehabilitation plan must be updated
An individual rehabilitation plan must be updated from time to time to reflect the outcome of assessments done and progress made under the plan.
79: Purpose of social rehabilitation
The purpose of social rehabilitation is to assist in restoring a claimant's independence to the maximum extent practicable. 1998 No 114 Schedule 1 cl 38
80: Purpose of vocational rehabilitation
1: The purpose of vocational rehabilitation is to help a claimant to, as appropriate,—
a: maintain employment; or
b: obtain employment; or
c: regain or acquire vocational independence.
2: Without limiting subsection (1), the provision of vocational rehabilitation includes the provision of activities for the purpose of maintaining or obtaining employment that is—
a: suitable for the claimant; and
b: appropriate for the claimant's levels of training and experience. 1998 No 114 Schedule 1 cl 54 Social rehabilitation
81: Corporation's liability to provide key aspects of social rehabilitation
1: In this section, key aspect of social rehabilitation
a: aids and appliances:
b: attendant care:
c: child care:
d: education support:
e: home help:
f: modifications to the home:
g: training for independence:
h: transport for independence.
2: Terms in subsection (1)(a), (b), and (d) to (h) have the same meaning as in clause 12
3: The Corporation is liable to provide a key aspect of social rehabilitation to a claimant—
a: if the conditions in subsection (4) are met; but
b: not earlier than a date determined in accordance with section 83
4: The conditions are—
a: a claimant is assessed or reassessed under section 84
b: the provision of the key aspect is in accordance with the Corporation's assessment of it under whichever of clauses 13 to 22
c: the Corporation considers that the key aspect—
i: is required as a direct consequence of the personal injury for which the claimant has cover; and
ii: is for the purpose set out in section 79
iii: is necessary and appropriate, and of the quality required, for that purpose; and
iv: is of a type normally provided by a rehabilitation provider; and
d: the provision of the key aspect has been agreed in the claimant's individual rehabilitation plan, if a plan has been agreed.
5: This clause is subject to any regulations made under section 324 1998 No 114 Schedule 1 cl 39
82: Corporation may provide other social rehabilitation
1: The Corporation may provide any other social rehabilitation if—
a: it is required as a direct consequence of the personal injury for which the claimant has cover; and
b: a claimant is assessed or reassessed under section 84
c: the Corporation considers that it—
i: is for the purpose set out in section 79
ii: is necessary and appropriate, and of the quality required, for that purpose; and
iii: is of a type normally provided by a rehabilitation provider; and
d: its provision has been agreed in the claimant's individual rehabilitation plan, if a plan has been agreed.
2: This clause is subject to any regulations made under sections 324 325 1998 No 114 Schedule 1 cl 40
83: Date of entitlement to social rehabilitation
1: This section applies to the provision of social rehabilitation that the Corporation—
a: is liable to provide under section 81
b: has decided to provide under section 82
2: The Corporation must provide social rehabilitation on the later of the following:
a: the date on which the application for the social rehabilitation is made:
b: if the need for the social rehabilitation is assessed to arise after the date of the application, the date when it is assessed to arise.
3: However, if the Corporation considers that, in the claimant's circumstances, it would be unreasonable for the claimant to have made an earlier application, it may begin providing social rehabilitation on and from another date it considers reasonable to the claimant.
4: Subsection (3) does not entitle a claimant to entitlements that the claimant would not have been entitled to had the application been made earlier.
84: Assessment and reassessment of need for social rehabilitation
1: An assessment under this section assesses a claimant's need for social rehabilitation and identifies the specific social rehabilitation that the claimant needs.
2: The Corporation may—
a: do assessments and reassessments, itself, by using appropriately qualified assessors employed by the Corporation; or
b: appoint and pay as many appropriately qualified assessors as it considers necessary to do assessments and reassessments; or
c: both.
3: A claimant's need for social rehabilitation—
a: may be reassessed from time to time; and
b: must be reassessed if the Corporation considers that the claimant's condition or circumstances have changed.
4: The matters to be taken into account in an assessment or reassessment include—
a: the level of independence a claimant had before suffering the personal injury:
b: the level of independence a claimant has after suffering the personal injury:
c: the limitations suffered by a claimant as a result of the personal injury:
d: the kinds of social rehabilitation that are appropriate for a claimant to minimise those limitations:
e: the rehabilitation outcome that would be achieved by providing particular social rehabilitation:
f: the alternatives and options available for providing particular social rehabilitation so as to achieve the relevant rehabilitation outcome in the most cost effective way:
g: any social rehabilitation (not provided as vocational rehabilitation) that may reasonably be provided to enable a claimant who is entitled to vocational rehabilitation to participate in employment:
h: the geographical location in which a claimant lives:
i: in the case of a reassessment,—
i: whether any item that the Corporation provided for the purposes of social rehabilitation is in such a condition as to need replacing:
ii: changes in the claimant's condition or circumstances since the last assessment was undertaken.
5: The Corporation must provide to an assessor (whether employed or appointed by the Corporation) all information the Corporation has that is relevant to the assessment. 1998 No 114 Schedule cl 41 Vocational rehabilitation
85: Corporation liable to provide vocational rehabilitation
1: The Corporation is liable to provide vocational rehabilitation to a claimant who—
a: has suffered personal injury for which he or she has cover; and
b: is—
i: entitled to weekly compensation; or
ii: likely, unless he or she has vocational rehabilitation, to be entitled to weekly compensation; or
iii: on parental leave.
2: Despite subsection (1)(b)(i), the Corporation is liable to provide vocational rehabilitation to a person who was entitled to weekly compensation and who would, but for clause 52 1998 No 114 Schedule 1 cl 53 Section 85(2) added 1 October 2008 section 15 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
86: Matters to be considered in deciding whether to provide vocational rehabilitation
1: In deciding whether to provide vocational rehabilitation, the Corporation must have regard to the matters in section 87
2: In deciding what vocational rehabilitation is appropriate for the claimant to achieve the purpose of vocational rehabilitation under section 80
a: the Corporation must consider whether it is reasonably practicable to return the claimant to the same employment in which the claimant was engaged, and with the employer who was employing the claimant, when the claimant's incapacity commenced; and
b: if it is not, the Corporation must consider the following matters:
i: whether it is reasonably practicable to return the claimant to an employment of a different kind with that employer:
ii: whether it is reasonably practicable to return the claimant to the employment in which the claimant was engaged when the claimant's incapacity commenced, but with a different employer:
iii: whether it is reasonably practicable to return the claimant to a different employment with a different employer, in which the claimant is able to use his or her experience, education, or training:
iv: whether it is reasonably practicable to help the claimant use as many of his or her pre-injury skills as possible to obtain employment. 1998 No 114 Schedule 1 cl 55
87: Further matters to be considered in deciding whether to provide vocational rehabilitation
1: In deciding whether to provide vocational rehabilitation, the Corporation must have regard to—
a: whether the vocational rehabilitation is likely to achieve its purpose under the claimant's individual rehabilitation plan; and
b: whether the vocational rehabilitation is likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
c: whether the vocational rehabilitation is appropriate in the circumstances.
2: The Corporation must provide the vocational rehabilitation for the minimum period necessary to achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be consecutive).
2A: Subsection (2) is subject to subsection (2B).
2B: Despite subsection (2), the Corporation may, at its discretion, provide vocational rehabilitation for longer than 3 years if the Corporation considers that—
a: the vocational rehabilitation would be likely to achieve its purpose under the claimant’s individual rehabilitation plan; and
b: the vocational rehabilitation would be likely to be cost-effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and
c: the vocational rehabilitation would be appropriate in the circumstances.
2C: However, despite subsections (1)(b) and (2B)(b), the Corporation must not take into account as a factor against providing vocational rehabilitation that the claimant is, or may become, a person to whom clause 52
3: This section is subject to any regulations made under section 324 1998 No 114 Schedule 1 cl 56 Section 87(2) substituted 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 87(2A) inserted 1 October 2008 section 16 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 87(2B) inserted 1 October 2008 section 16 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 87(2C) inserted 1 October 2008 section 16 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
88: Vocational rehabilitation may start or resume if circumstances change
1: The Corporation may, at any time, decide whether or not there has been a change of circumstances affecting the claimant's need for vocational rehabilitation.
2: If the Corporation decides that there has been such a change, the Corporation and the claimant may agree to the modification of the claimant's individual rehabilitation plan to reflect the changed circumstances.
3: The Corporation may resume providing vocational rehabilitation under the claimant's individual rehabilitation plan, with any agreed modifications, to a claimant who—
a: had vocational rehabilitation; and
b: as a result, obtained employment; but
c: is unable to maintain the employment because of his or her incapacity.
4: This section is subject to section 87(2) and (3) 1998 No 114 Schedule 1 cl 57
89: Assessment of claimant's vocational rehabilitation needs
An assessment of a claimant's vocational rehabilitation needs must consist of—
a: an initial occupational assessment to identify the types of work that may be appropriate for the claimant; and
b: an initial medical assessment to determine whether the types of work identified under paragraph (a) are, or are likely to be, medically sustainable for the claimant.
90: Occupational assessor
An occupational assessment must be undertaken by an assessor whom the Corporation considers has the appropriate qualifications and experience to do the assessment required in the particular case. 1998 No 114 s 95
91: Conduct of initial occupational assessment
1: An occupational assessor undertaking an initial occupational assessment must—
a: take into account information provided by the Corporation and the claimant; and
b: discuss with the claimant all the types of work that are available in New Zealand and suitable for the claimant; and
c: consider any comments the claimant makes to the assessor about those types of work.
1A: In considering the suitability of the types of work referred to in subsection (1)(b), the occupational assessor must
2: The Corporation must provide to an occupational assessor all information the Corporation has that is relevant to an initial occupational assessment. 1998 No 114 s 96 Section 91(1A) inserted 1 October 2008 section 17 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 91(1A) amended 30 October 2022 section 10 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 91(1A) amended 1 July 2010 section 11 Accident Compensation Amendment Act 2010
92: Report on initial occupational assessment
1: The occupational assessor must prepare and provide to the Corporation a report on the initial occupational assessment.
2: The report must—
a: identify the types of work for the purposes of section 89(a)
b: take into account the information, discussions, and comments referred to in section 91(1)
3: The Corporation must provide a copy of the report to the claimant and the medical assessor. 1998 No 114 s 97
93: Medical assessor
1: A medical assessment must be undertaken by a medical practitioner who is described in subsection (2) or subsection (3).
2: A medical practitioner who provides general medical services must also—
a: have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
b: have at least 5 years' experience in general practice; and
c: meet at least 1 of the following criteria:
i: be a Fellow of the Royal New Zealand College of General Practitioners or hold an equivalent qualification:
ii: be undertaking training towards becoming a Fellow of the Royal New Zealand College of General Practitioners or holding an equivalent qualification:
iii: have undertaken relevant advanced training.
3: A medical practitioner who does not provide general medical services must—
a: have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
b: be a member of a recognised college. Section 93 substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
94: Assessments when medical assessor unavailable
1: A section 93
a: the circumstances in subsection (2) exist; and
b: the
2: The circumstances are that—
a: a section 93
b: the delay or inconvenience would have an adverse effect on providing vocational rehabilitation to the claimant.
3: Sections 95 96 Section 94(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 94(1)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 94(2)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 94(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
95: Conduct of initial medical assessment
1: A medical assessor undertaking an initial medical assessment must take into account—
a: information provided to the assessor by the Corporation; and
b: any of the following reports, information, or comments provided to the assessor:
i: medical reports requested by the Corporation before the individual rehabilitation plan was prepared:
ii: any other relevant medical reports; and
c: the report of the occupational assessor on the initial occupational assessment; and
d: the medical assessor's clinical examination of the claimant; and
e: any other information or comments that the claimant requests the medical assessor to take into account and that the medical assessor decides are relevant.
2: The medical assessor must also take into account any condition suffered by the claimant that is not related to the claimant's personal injury.
3: The Corporation must provide to a medical assessor all information the Corporation has that is relevant to an initial medical assessment. 1998 No 114 s 99
96: Report on initial medical assessment
1: The medical assessor must prepare and provide to the Corporation a report on the initial medical assessment.
2: The report must—
a: contain the determination required by section 89(b)
b: take into account the matters referred to in section 95
3: The Corporation must provide a copy of the report to the claimant. 1998 No 114 s 100 Employer's duty to pay first week compensation
97: Employee's right to receive first week compensation
1: First week compensation for loss of earnings is payable to a claimant who—
a: has an incapacity resulting from—
i: a work-related personal injury for which he or she has cover; or
ii: a motor vehicle injury to which section 29(2)
b: was an employee immediately before his or her incapacity commenced.
2: The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a result of the incapacity, during the first week of incapacity.
3: For the purposes of this section, there is a presumption that the earnings the claimant loses as a result of the incapacity is the difference between—
a: the claimant's earnings in the 7 days before his or her incapacity commenced; and
b: the claimant's earnings in the first week of incapacity.
4: The presumption can be rebutted by proof to the contrary. 1998 No 114 s 76
98: Employer's duty to pay first week compensation
1: The employer in whose employment the claimant suffered the work-related personal injury or the motor vehicle injury referred to in section 97(1)(a)(ii)
2: Before paying first week compensation, the employer may require the employee to meet reasonable requirements as to the production of evidence of the personal injury such as, for example, the production of a certificate by a registered health professional nominated and paid by the employer.
3: An employer who fails to comply with subsection (1) commits an offence. 1998 No 114 s 77
99: First week compensation is salary or wages for certain purposes
First week compensation is salary or wages payable to the employee for the purposes of—
a: section 131
b: the Income Tax Act 2007
c: the Tax Administration Act 1994
d: this Act:
e: the laws relating to insolvency, receivership, and the liquidation of companies. 1998 No 114 s 78 Section 99(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Weekly compensation
100: Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence
1: A claimant who has cover and who lodges a claim for weekly compensation—
a: is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) clause 32 44 44A
b: is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) section 210
c: is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) section 224 clause 43
d: is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) clause 47
1A: If a claimant is eligible for weekly compensation under clause 44A clause 43 section 105(2)
2: While a claimant is receiving weekly compensation,—
a: section 103 section 105
b: the Corporation may from time to time determine the claimant's incapacity under section 103 section 105
c: section 107
d: the Corporation may from time to time determine the claimant's vocational independence under section 107
3: The claimant may lose his or her entitlement to weekly compensation through the operation of sections 103 to 112 1998 No 114 s 82 Section 100(1)(a) amended 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016 Section 100(1A) inserted 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016
101: Procedures for determining incapacity for employment and vocational independence
1: When the Corporation is required or allowed by this Act to determine a claimant's incapacity for employment, it must do so under section 103 section 105
2: When the Corporation is required or allowed by this Act to determine a claimant's vocational independence, it must do so under sections 107 to 110 clauses 24 to 29 1998 No 114 s 83 Incapacity for employment
102: Procedure in determining incapacity under section 103 or section 105
1: The Corporation may determine any question under section 103 section 105
2: In determining any such question, the Corporation—
a: must consider an assessment undertaken by a or nurse practitioner
b: may obtain any professional, technical, specialised, or other advice from any person it considers appropriate. 1998 No 114 s 84 Section 102(2)(a) amended 1 August 2008 section 18 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 102(2)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
103: Corporation to determine incapacity of claimant who,
at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor
1: The Corporation must determine under this section the incapacity of—
a: a claimant who was an earner at the time he or she suffered the personal injury:
b: a claimant who was on unpaid parental leave at the time he or she suffered the personal injury:
c: a claimant who was within a payment period under the Compensation for Live Organ Donors Act 2016
2: The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in employment in which he or she was employed when he or she suffered the personal injury.
3: If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant is incapacitated for employment.
4: The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act.
5: Subsection (4) is for the avoidance of doubt. 1998 No 114 s 85 Section 103 heading amended 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016 Section 103 heading amended 11 May 2005 section 21(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 103(1)(c) inserted 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016 Section 103(4) added 11 May 2005 section 21(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 103(5) added 11 May 2005 section 21(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
104: Effect of determination under section 103 on entitlement to weekly compensation
If the Corporation determines under section 103(2)
a: a claimant who is receiving weekly compensation for loss of earnings from employment—
i: loses that entitlement immediately; and
ii: cannot be subject to a determination under section 107
b: a claimant who is not receiving weekly compensation for loss of earnings from employment is not entitled to begin receiving it. 1998 No 114 s 86
105: Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223
1: The Corporation must determine under this section the incapacity of a claimant who—
a: is deemed under clause 43 , a self-employed person, or a shareholder-employee, as the case may be
b: is a potential earner; or
c: has purchased the right to receive weekly compensation under section 223
2: The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in work for which he or she is suited by reason of experience, education, or training, or any combination of those things.
3: The references in subsection (2) to a personal injury are references to a personal injury for which the person has cover under this Act.
4: Subsection (3) is for the avoidance of doubt. 1998 No 114 s 87 Section 105 heading substituted 1 August 2008 section 19(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 105(1)(a) amended 1 August 2008 section 19(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 105(3) added 11 May 2005 section 22 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 105(4) added 11 May 2005 section 22 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
106: Effect of determination under section 105 on entitlement to weekly compensation
If the Corporation determines under section 105(2)
a: a claimant who is receiving weekly compensation—
i: loses that entitlement immediately; and
ii: cannot be subject to a determination under section 107
b: a claimant who is not receiving weekly compensation is not entitled to begin receiving it. 1998 No 114 s 88 Vocational independence
107: Corporation to determine vocational independence
1: The Corporation may determine the vocational independence of—
a: a claimant who is receiving weekly compensation:
b: a claimant who may have an entitlement to weekly compensation.
2: The Corporation determines a claimant's vocational independence by requiring the claimant to participate in an assessment carried out—
a: for the purpose in subsection (3); and
b: in accordance with sections 108 to 110 clauses 24 to 29
c: at the Corporation's expense.
3: The purpose of the assessment is to ensure that comprehensive vocational rehabilitation, as identified in a claimant's individual rehabilitation plan, has been completed and that it has focused on the claimant's needs, and addressed any injury-related barriers, to enable the claimant—
a: to maintain or obtain employment; or
b: to regain or acquire vocational independence.
108: Assessment of claimant's vocational independence
1: An assessment of a claimant's vocational independence must consist of—
a: an occupational assessment under clause 25
b: a medical assessment under clause 28
2: The purpose of an occupational assessment is to—
a: consider the progress and outcomes of vocational rehabilitation carried out under the claimant's individual rehabilitation plan; and
b: consider whether the types of work (whether available or not) identified in the claimant's individual rehabilitation plan are still suitable for the claimant because they match the skills that the claimant has gained through education, training, or experience.
3: The purpose of a medical assessment is to provide an opinion for the Corporation as to whether, having regard to the claimant's personal injury, the claimant has the capacity to undertake any type of work identified in the occupational assessment and reflected in the claimant's individual rehabilitation plan. 1998 No 114 s 94
109: When claimant's vocational independence to be assessed
1: The Corporation may determine the claimant's vocational independence at such reasonable intervals as the Corporation considers appropriate.
2: However, the Corporation must determine the claimant's vocational independence again if—
a: the Corporation has previously determined that the claimant had—
i: vocational independence under this section; or
ii: a capacity for work under section 89 of the Accident Insurance Act 1998; or
iii: a capacity for work under section 51 of the Accident Rehabilitation and Compensation Insurance Act 1992; and
b: the Corporation believes, or has reasonable grounds for believing, that the claimant's vocational independence or capacity for work may have deteriorated due to the injuries that were assessed in the previous vocational independence or capacity for work assessment
3: The claimant may give the Corporation information to assist the Corporation to reach a belief under subsection (2)(b). 1998 No 114 s 89 Section 109(2)(b) amended 11 May 2005 section 23 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
110: Notice to claimant in relation to assessment of vocational independence
1: The Corporation must give written notice to a claimant required by the Corporation to participate in an assessment of his or her vocational independence.
2: The notice must—
a: state the purpose, nature, and effect of the assessment; and
b: state that the claimant is required to participate in the assessment; and
c: state the consequences of not doing so; and
d: state the claimant's right to be accompanied by another person during the assessment.
3: The Corporation must not require the claimant to participate in an assessment—
a: unless the claimant is likely to achieve vocational independence; and
b: until the claimant has completed any vocational rehabilitation that the Corporation was liable to provide under his or her individual rehabilitation plan. 1998 No 114 s 93
111: How determination that claimant has vocational independence is to be regarded
If the Corporation determines under section 107
a: a determination under section 103 section 112 section 104(a)(i)
b: a determination under section 105 section 106(a)(i) 1998 No 114 s 90
112: Claimant with vocational independence loses entitlement to weekly compensation
If the Corporation determines under section 107 1998 No 114 s 91
113: Claimant who no longer has vocational independence regains entitlement to weekly compensation
1: If the Corporation determines under section 109
2: On regaining entitlement to weekly compensation, the claimant is entitled to it at the higher of the following rates:
a: the rate of compensation to which the claimant was entitled when he or she lost the entitlement, adjusted for the intervening period in the manner provided in section 115
b: the rate of compensation to which the claimant is entitled under Part 2 1998 No 114 s 92 Section 113(1) amended 22 October 2003 section 3 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 Interest on late payments of weekly compensation
114: Payment of interest when Corporation makes late payment of weekly compensation
1: The Corporation is liable to pay interest on any payment of weekly compensation to which the claimant is entitled, if the Corporation has not made the payment within 1 month after the Corporation has received all information necessary to enable the Corporation to calculate and make the payment.
2: The Corporation is liable to pay the interest—
a: for the period from the date on which payment should have been made to the date on which it is made (the liability period
b: at the interest rate or rates for the liability period.
3: The period described in subsection (2)(a)—
a: does not include the day on which the payment should have been made; and
b: includes the day on which the payment is made.
4: In this section, interest rate
a: the base rate
i: for any day on or after 1 July in a year to the close of 30 June in the year that follows, the average of the 6 observations for the retail 6-month term deposit rate most recently published by the Reserve Bank of New Zealand before 30 April in that year; or
ii: if another base rate has been prescribed for the purposes of this section, that base rate:
b: the premium
i: 0.95%; or
ii: if another premium has been prescribed for the purposes of this section, that premium.
5: The interest rate (as defined in subsection (4)) is a per annum simple interest rate. Example 1
Calculation where same interest rate applies for whole liability period The Corporation is liable to make a payment of $100 on 15 November 2018 but does not do so until 15 March 2019. The liability period, for which the Corporation is liable to pay interest on this amount, is therefore 120 days. For the liability period, the 6 most recent observations for the retail 6-month term deposit rate published by the Reserve Bank of New Zealand* before 30 April 2018 are, for the purposes of this example, assumed to be 3.25%, 3.35%, 3.35%, 3.38%, 3.31%, and 3.31%, being the published rates for the months from October 2017 to March 2018. The average of these 6 observations is 3.325%. This is the base rate. The base rate and the premium, namely 0.95% in this case, is 4.275%. This is the interest rate that must be used to calculate how much interest the Corporation must pay, in addition to the overdue amount, on 15 March 2019. The total interest payable may be calculated using the equation— I = P ( r where— I is the total amount payable P is the amount of the payment that should have been made r is the interest rate t is the liability period expressed in years I = 100 (0.04275 x 120/365) = 1.4055 I = $1.41 * See Example 2
Calculation where interest rate changes during liability period The Corporation is liable to make a payment of $100 on 15 May 2018 but does not do so until 15 November 2018. The liability period, for which the Corporation is liable to pay interest on this amount, is therefore 184 days. The base rate for the 46 days from 15 May 2018 to 30 June 2018 is the average of the 6 most recent observations for the retail 6-month term deposit rate published by the Reserve Bank of New Zealand before 30 April 2017. For the purposes of this example, these are assumed to be 3.15%, 3.21%, 3.21%, 3.28%, 3.25%, and 3.25%, being the published rates for the months from October 2016 to March 2017. The average of these 6 observations is 3.225%. The base rate plus the premium, namely 0.95% in this case, is 4.175%. This is the interest rate that must be used for the first 46 days of the liability period. The base rate for the remaining 138 days of the liability period, starting on 1 July 2018 and ending on 15 November 2018, is the average of the 6 most recent observations for the retail 6-month term deposit rate published by the Reserve Bank of New Zealand before 30 April 2018. For the purposes of this example, these are assumed to be 3.25%, 3.35%, 3.35%, 3.38%, 3.31%, and 3.31%, being the published rates for the months from October 2017 to March 2018. The average of these 6 observations is 3.325%. The base rate plus the premium, namely 0.95% in this case, is 4.275%. This is the interest rate that must be used for the remaining 138 days of the liability period. The total interest payable may be calculated using the equation— I = P( r 1 1 r 2 2 where— I is the total interest payable P is the amount of the interest that should have been paid r 1 is the interest rate for the 46 days of the liability period up to 30 June 2018 t 1 is the portion of the liability period up to 30 June 2018 expressed in years r 2 is the interest rate for the 138 days of the liability period starting on 1 July 2018 t 2 is the portion of the liability period starting on 1 July 2018 expressed in years I = 100(0.04175 x 46/365 + 0.04275 x 138/365) = 2.1425 I = $2.14 1998 No 114 s 101 Section 114(2) replaced 1 January 2018 section 29 Schedule 1 clause 4 Interest on Money Claims Act 2016 Section 114(3) inserted 1 January 2018 section 29 Schedule 1 clause 4 Interest on Money Claims Act 2016 Section 114(4) inserted 1 January 2018 section 29 Schedule 1 clause 4 Interest on Money Claims Act 2016 Section 114(5) inserted 1 January 2018 section 29 Schedule 1 clause 4 Interest on Money Claims Act 2016
114A: Corporation must publish applicable interest rate and premium
1: The Corporation must, before 1 July in each year, publish the interest rate to apply under section 114(4)
2: Neither a failure to comply with subsection (1) nor an error in a 6-month term deposit rate published by the Reserve Bank of New Zealand affects the Corporation’s liability to pay interest in accordance with section 114 Section 114A inserted 1 January 2018 section 29 Interest on Money Claims Act 2016 Indexation of weekly compensation and related amounts
115: Indexation of weekly compensation and related amounts
1: The Corporation must adjust the following amounts in the manner specified in subsection (2):
a: the amount of weekly compensation, but not weekly compensation based on minimum weekly earnings as determined under clause 42(3)
b: the weekly amounts specified in clauses 46 51
2: Any adjustments required by subsection (1)—
a: must be in accordance with a prescribed formula or prescribed formulas relating to movements in average weekly earnings; and
b: have effect from the prescribed date or dates; and
c: must be published by the Corporation in such manner as it thinks appropriate to bring the adjustments to the attention of claimants and the general public.
3: The Corporation is not required to adjust any amount under subsection (1) if—
a: the prescribed formula specifies a minimum movement in the average weekly earnings; and
b: the movement in the average weekly earnings is less than the minimum movement specified. 1998 No 114 s 102 Indexation of other entitlements
116: Indexation of lump sum compensation, funeral grant, survivor's grant, and child care payments
1: The Corporation must adjust the amounts specified in clauses 56 64 65 76
2: Any adjustments required by subsection (1) must—
a: be in accordance with a prescribed formula or prescribed formulas relating to movements in the Consumers
b: have effect from the prescribed date or dates; and
c: must be published by the Corporation in such manner as it thinks appropriate to bring the adjustments to the attention of claimants and the general public.
3: The Corporation is not required to adjust any amount under subsection (1) if—
a: the prescribed formula specifies a minimum movement in the Consumers
b: the movement in the Consumers 1998 No 114 s 103 Section 116(2)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 116(3)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 116(3)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Powers of Corporation
117: Corporation may suspend, cancel, or decline entitlements
1: The Corporation may suspend or cancel an entitlement if it is not satisfied, on the basis of the information in its possession, that a claimant is entitled to continue to receive the entitlement.
2: The Corporation must give the claimant written notice of the proposed suspension or cancellation within a reasonable period before the proposed starting date.
3: The Corporation may decline to provide any entitlement for as long as the claimant unreasonably refuses or unreasonably fails to—
a: comply with any requirement of this Act relating to the claimant's claim; or
b: undergo medical or surgical treatment for his or her personal injury, being treatment that the claimant is entitled to receive; or
c: agree to, or comply with, an individual rehabilitation plan.
3A: If the Corporation declines, under subsection (3), to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that—
a: subsection (3) no longer applies to the claimant; and
b: the claimant is eligible to the entitlement.
3B: The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3), even though it may have started providing the entitlement again under subsection (3A). However, the Corporation may make such payment if the Corporation believes that—
a: exceptional circumstances exist; and
b: it would be inequitable to refuse to do so.
3C: An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if—
a: the Corporation's decision to decline to provide the entitlement for that period is—
i: revised under section 65
ii: quashed on review or appeal; and
b: the claimant was otherwise entitled to receive the entitlement for that period.
4: This section does not limit or affect any other power of the Corporation to decline or end an entitlement. 1998 No 114 s 116 Section 117(3A) inserted 1 July 2005 section 24 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 117(3B) inserted 1 July 2005 section 24 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 117(3C) inserted 1 July 2005 section 24 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Disentitlements
118: Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection
1: The Corporation must not
a: subsections (2) and (3) apply to the claimant; or
b: subsections (2) and (4) apply to the claimant; or
c: subsections (2) and (5) apply to the claimant.
2: This subsection applies to a claimant who suffered the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2)
3: This subsection applies to a claimant who—
a: commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and
b: has received or is entitled to receive a sum of money, irrespective of the amount, as a result of the proceedings.
4: This subsection applies to a claimant who has received, other than under subsection (3), a sum of money, irrespective of the amount, by way of damages, compensation, or settlement of any claim for his or her personal injury, other than under this Act.
5: This subsection applies to a claimant who—
a: commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and
b: has not discontinued the proceedings; and
c: is entitled, because of section 318(3) 1998 No 114 s 119 Section 118(1) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
119: Disentitlement for wilfully self-inflicted personal injuries and suicide
1: The Corporation must not provide any entitlements under Schedule 1
a: a personal injury that a claimant wilfully inflicts on himself or herself, or, with intent to injure himself or herself, causes to be inflicted upon himself or herself:
b: the death of a claimant due to an injury inflicted in the circumstances described in paragraph (a):
c: the death of a claimant due to suicide.
2: However, subsection (1) does not excuse the Corporation from liability to provide the claimant with entitlements for—
a: treatment; and
b: any ancillary service related to treatment referred to in clause 3(1)
3: Subsection (1) does not apply if the personal injury or death was the result of—
a: mental injury suffered because of physical injuries suffered by the claimant for which he or she had cover; or
b: mental injury suffered by the claimant in the circumstances described in section 21 21B
4: Subsection (1) does not apply if the death was the result of assisted dying in accordance with the End of Life Choice Act 2019 Section 119 substituted 1 July 2010 section 12 Accident Compensation Amendment Act 2010 Section 119(4) inserted 30 October 2022 section 11 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022
120: Disentitlement for conviction for murder
1: The Corporation must not Part 4
a: is entitled to the entitlement because of the death of another person; and
b: has been convicted in New Zealand or another country of the murder of the other person.
2: The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4
3: The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is withdrawn.
4: An entitlement provided to a claimant under Part 4
a: the Corporation has provided the entitlement because of the death of another person; and
b: the claimant has been convicted by a court in New Zealand or another country of the murder of the other person.
5: In this section, murder
a: means murder within the meaning of the Crimes Act 1961
b: includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder. 1998 No 114 s 121 Section 120(1) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
121: Disentitlement during imprisonment
1: The Corporation must not Part 2 Part 4 a prisoner in any prison
2: The Corporation is not required to undertake any assessments or make any payments under Part 3 a prisoner in any prison
3: In this section, prisoner prison section 3(1) 1998 No 114 s 122 Section 121(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(1) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 121(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(3) substituted 1 June 2005 section 206 Corrections Act 2004
122: Disentitlement for certain imprisoned offenders
1: The Corporation must not provide any entitlements under Schedule 1
a: the claimant suffers a personal injury in the course of committing an offence; and
b: the offence is punishable by a maximum term of imprisonment of 2 years or more; and
c: the claimant is sentenced to imprisonment or home detention for committing the offence; and
d: the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury.
2: In addition, the Corporation must not provide any entitlements under Schedule 1
a: the surviving spouse or partner of the deceased claimant:
b: any child of the deceased claimant:
c: any other dependant of the deceased claimant.
3: However, subsection (1) does not excuse the Corporation from liability to provide the claimant with entitlements for—
a: treatment; and
b: any ancillary service related to treatment referred to in clause 3(1)
4: Despite subsection (3), the Corporation must not provide any entitlement for surgery unless the surgery is required to restore the claimant's function to enable him or her to return to work. Section 122 substituted 1 July 2010 section 13 Accident Compensation Amendment Act 2010
122A: Exemption from section 122(1)
1: The Minister may exempt a claimant from section 122(1)
2: Nothing in this section gives a claimant the right to apply for an exemption under subsection (1). Section 122A inserted 1 July 2010 section 13 Accident Compensation Amendment Act 2010 General provisions
123: Entitlements inalienable
1: All entitlements are absolutely inalienable, whether by way of, or in accordance with, a sale, assignment, charge, execution, bankruptcy, or otherwise.
2: This section does not affect—
a: any right of the Corporation to recover any amounts under this Act or to make any deductions authorised by this Act from any entitlements that the Corporation is liable to provide; or
b: an independence allowance that is assigned for a period of not more than 5 years to—
i: an insurer; or
ii:
iii: the Corporation, if the Corporation is liable to provide the allowance and the Corporation agrees to the assignment; or
c: sections 4 5
d: sections 154 to 161
e: sections 87(2)(b) 88AE(1)(a) 103 104 105 106 106A 106B
f: section 27Y section 256(1) regulations made under section 444
g: sections 105 110 118 121 section 259(1)
h: the Child Support Act 1991
i: subparts 1 2 5 section 193
ia: subpart 1
j: section 157 ; or
k: section 41B 1998 No 114 s 124 Section 123(2)(b)(ii) repealed 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 123(2)(d) replaced 1 March 2017 section 261 District Court Act 2016 Section 123(2)(e) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011 Section 123(2)(f) amended 26 November 2018 section 459 Social Security Act 2018 Section 123(2)(i) replaced 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 123(2)(i) amended 30 March 2013 section 45 Student Loan Scheme Amendment Act 2013 Section 123(2)(ia) inserted 1 December 2006 section 231 KiwiSaver Act 2006 Section 123(2)(j) amended 2 September 2013 section 4 Accident Compensation Amendment Act 2013 Section 123(2)(k) inserted 2 September 2013 section 4 Accident Compensation Amendment Act 2013
124: Entitlements to be provided to claimant only
1: The Corporation must provide entitlements only to the claimant to whom the Corporation is liable to provide the entitlements.
2: Subsection (1) does not apply—
a: to payments made by the Corporation directly to a person for providing entitlements to the claimant; or
b: to payments authorised by regulations to be made to any other person; or
c: to payments made under section 125 section 126 1998 No 114 s 125
125: Corporation to pay amount for child to caregiver or financially responsible person
1: This section applies if an entitlement (other than weekly compensation payable under clause 32
2: The Corporation must make the payment—
a: to a person who is caring for the claimant; or
b: if the Corporation considers that it would not be appropriate to make the payment to such a person, to another person or to trustees who, in either case, the Corporation considers will apply the payment as required by subsection (3).
3: A person to whom a payment is made under subsection (2) must apply it for the maintenance, education, advancement, or benefit of the claimant.
4: The Corporation is not under an obligation to see to the application of any money paid under this section, and is not liable to the claimant in respect of any such payment. 1998 No 114 s 126
126: Corporation to pay amount to claimant's estate
1: This section applies to any entitlement (other than lump sum compensation under Part 3
a: is liable to make to a claimant, but that has accrued and is unpaid at the date of the claimant's death; or
b: would have been liable to make to the claimant, if he or she had lodged a claim for it.
2: The Corporation is liable to pay any amount to which this section applies to the claimant's estate if the estate applies for it within 3 years after the date of the claimant's death. 1998 No 114 s 127
127: Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
1: The Corporation must not
a: had earnings while absent from New Zealand before suffering the personal injury; or
b: had earnings within the period of 6 months immediately before leaving New Zealand.
2: The Corporation must not Immigration Act 2009
3: The Corporation must not
4: If weekly compensation or lump sum compensation is payable outside New Zealand and the claimant's right to receive the compensation is to be assessed, the Corporation is not required to
a: any costs incurred by the claimant overseas; or
b: any costs relating to the return of the claimant to New Zealand for assessment. 1998 No 114 s 128 Section 127(1) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 127(2) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 127(2) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 127(3) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 127(4) amended 1 July 2005 section 60(7) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
128: Payment for rehabilitation to claimant outside New Zealand
The Corporation must not section 129 1998 No 114 s 129 Section 128 amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
129: Payment for attendant care to claimant outside New Zealand
1: The Corporation is liable to pay for attendant care for a claimant who is entitled to receive attendant care and who is outside New Zealand.
2: However, the Corporation is not required to
3: The Corporation is liable to pay the amount that the claimant would have received if he or she had been in New Zealand during the period he or she is outside New Zealand. 1998 No 114 s 130 Section 129(2) amended 1 July 2005 section 60(7) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
130: Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account
1: This section applies in relation to a claimant who is outside New Zealand.
2: The Corporation may make any payment to the claimant in New Zealand dollars to an account at a bank in New Zealand.
3: The Corporation may open an account at a bank in New Zealand in the claimant's name, and at his or her expense, for that purpose. 1998 No 114 s 132
131: Advances of compensation and grants
1: Except as provided in this section, section 123(2)(b) clause 67
2: The Corporation may pay weekly compensation or a survivor's grant without the full details necessary to support the relevant claim if—
a: details of earnings of any person are not available, and their unavailability is not due to the fault of that person; or
b: a person is missing and the Corporation is satisfied—
i: that the person is probably dead; and
ii: that the presumed death occurred in circumstances in which the person is likely to have cover under this Act.
3: If weekly compensation or a grant is paid under this section in circumstances in which it is subsequently found that it was not properly payable, section 248
4: If weekly compensation is paid in advance under this section, the maximum amount that may be paid as weekly compensation is the amount that would be payable if the person on whose earnings the compensation is to be based had weekly earnings as determined under clause 42(3) 1998 No 114 s 317
132: Adjustment of payments for part periods
If any amount is payable by the Corporation under this Act on a weekly basis and the entitlement to that payment ceases other than at the end of a week, an appropriate adjustment may be made. 1998 No 114 s 318
5: Dispute resolution
Preliminary provision
133: Effect of review or appeal on decisions
1: A decision by the Corporation on a claim continues to be of full effect even though—
a: an applicant has made a review application relating to the decision; or
b: any other proceeding relating to the decision has been commenced.
2: A review decision continues to be of full effect, unless subsection (3) applies, even though—
a: an appellant has filed a notice of appeal relating to the review decision; or
b: any other proceeding relating to the review decision has been commenced.
3: A review decision ceases to be of full effect if all the parties to the review agree to a variation of it for the benefit of the claimant.
4: A review decision is subject to section 161
5: If a person has a claim under this Act, and has a right of review or appeal in relation to that claim, no court, Employment Relations Authority, Disputes Tribunal, or other body may consider or grant remedies in relation to that matter if it is covered by this Act, unless this Act otherwise provides. 1998 No 114 s 134 Reviews
134: Who may apply for review
1: A claimant may apply to the Corporation for a review of—
a: any of its decisions on the claim:
b: any delay in processing the claim for entitlement that the claimant believes is an unreasonable delay:
c: any of its decisions under the Code on a complaint by the claimant.
1A: However, a decision of the Corporation regarding the exercise of discretion under section 68(3) Part 5
2: An employer may apply to the Corporation for a review of its decision that a claimant's injury is a work-related personal injury suffered during employment with that employer.
3: An employer may not apply to the Corporation for a review of a decision about the entitlements that have been or are to be provided to a claimant who has cover for a work-related personal injury.
4:
5: A levy payer may apply to the Corporation for a review of a determination under section 209(1) section 236(1) 1998 No 114 s 135 Section 134(1A) inserted 1 July 2005 section 25(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 134(4) repealed 1 July 2005 section 25(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
135: How to apply for review
1: A review application is made by giving an application that complies with subsection (2) to the Corporation.
2: The application must—
a: be written:
b: whenever practicable, be made on the form made available by the Corporation for the purpose:
c: identify the decision or decisions in respect of which it is made:
d: state the grounds on which it is made:
e: if known by the applicant, state the relief sought:
f: be made within 3 months of—
i: the date on which the claimant has a decision under section 58
ii: the date on which the Corporation gives notice under section 64
iii: in the case of a decision under the Code, the date on which the claimant is notified of the decision:
g: in the case of a review application relating to a claim for entitlement, not be made less than 21 days after the date the claim for entitlement is made.
3: Despite subsection (2)(f) and (g) and any time frame prescribed in regulations made under section 328A
a: where the claimant was so affected or traumatised by the personal injury giving rise to the review that he or she was unable to consider his or her review rights; or
b: where the claimant made reasonable arrangements to have the application made on his or her behalf by an agent of the claimant, and the agent unreasonably failed to ensure that the application was made within the required time; or
c: where the Corporation failed to notify the claimant of the obligations of persons making an application. 1998 No 114 s 136 Section 135(3) amended 1 July 2005 section 26 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
135A: Time frame for lodging review application where alternative dispute resolution conducted about same matter
1: This section applies to a review application about a matter if an alternative dispute resolution procedure is conducted about the same matter.
2: A review application to which this section applies must be lodged within the relevant time frame stated in section 135(2) section 328A Section 135A inserted 1 July 2005 section 27 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
136: Corporation to acknowledge receipt of review application
When the Corporation receives a review application, it must send the applicant an acknowledgement—
a: indicating when the review application was received; and
b: containing an explanation of the effect of sections 146 147 1998 No 114 s 137
137: Corporation to engage and allocate reviewers
1: The Corporation must engage as many persons as it considers necessary to be reviewers under this Part.
2: As soon as practicable after receiving an application for review, the Corporation must arrange for the allocation of a reviewer to the review even if it considers that there is no right of review in the circumstances.
3: If for any reason the Corporation has to allocate a new reviewer to a review, the Corporation must do this as soon as practicable after becoming aware of the need to allocate a new reviewer. 1998 No 114 s 138
138: Reviewer's duty to act independently and disclose previous involvement
1: A reviewer must act independently when conducting a review.
2: A reviewer to whom the Corporation proposes to allocate a review must disclose to the Corporation any previous involvement that the reviewer has had in the claim other than as a reviewer. 1998 No 114 ss 140(1), 141(2)
139: Corporation's duties to secure independence of reviewer
1: The Corporation must not engage as a reviewer a person who is currently—
a: employed by the Corporation; or
b: engaged by the Corporation to make decisions on claims in a capacity other than that of reviewer; or
c: employed or engaged by a subsidiary of the Corporation.
2:
3: The Corporation must not include in a contract with a reviewer
4: The Corporation must not allocate a claim to a reviewer who discloses to the Corporation any previous involvement in the claim other than as a reviewer. 1998 No 114 s 142 Section 139(1) replaced 17 December 2016 section 4(1) Statutes Amendment Act 2016 Section 139(2) repealed 17 December 2016 section 4(2) Statutes Amendment Act 2016 Section 139(3) amended 17 December 2016 section 4(3) Statutes Amendment Act 2016
140: Conduct of review: general principles
The reviewer may conduct the review in any manner he or she thinks fit, but he or she must—
a: comply with section 138
b: comply with any other relevant provision of this Act and any regulations made under this Act; and
c: comply with the principles of natural justice; and
d: exercise due diligence in decision-making; and
e: adopt an investigative approach with a view to conducting the review in an informal, timely, and practical manner. 1998 No 114 s 143
141: Conduct of review: hearing to be held
1: In the course of conducting a review, the reviewer must hold a hearing unless—
a: the applicant withdraws the review application; or
b: the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing agree not to have a hearing.
2: The reviewer must hold the hearing at a time and place that are—
a: agreed to by all persons who are parties to the application and the reviewer; or
b: decided on by the reviewer if those persons do not agree.
3: The reviewer must take all practicable steps to ensure that notice of the time and place of the hearing is given—
a: to every person entitled to be present and heard at it; and
b: at least 7 days before the date of the hearing.
4: The reviewer may admit any relevant evidence at the hearing from any person who is entitled to be present and be heard at it, whether or not the evidence would be admissible in a court. 1998 No 114 s 144
142: Persons entitled to be present and heard at hearing
The following persons are entitled to be present at the hearing, with a representative if they wish, and to be heard at it, either personally or by a representative:
a: on every review, the applicant and the Corporation:
b:
c:
d: if the review relates to a decision to accept or decline cover for a work-related personal injury,—
i: the claimant; and
ii: the claimant's employer; and
iii: in the case of a claim for cover for personal injury under section 30 section 141(3) 1998 No 114 s 145 Section 142(b) repealed 1 July 2005 section 28 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 142(c) repealed 1 July 2005 section 28 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
143: Record of hearing
1: The reviewer must take reasonable steps to ensure that an accurate record of the evidence given at the hearing is taken.
2: The reviewer must keep such records for at least 2 years. 1998 No 114 s 146
144: Review decisions: formalities
1: The reviewer must make a review decision within 28 days after—
a: the day on which the hearing of the review finishes; or
b: if there is no hearing,—
i: the day that the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing specify for the purposes of this section in their agreement not to have a hearing; or
ii: if those persons do not specify a day, the day on which those persons agree not to have a hearing.
2: A review decision must—
a: be written; and
b: contain the reasons for the decision; and
c: contain information about the right of appeal.
3: As soon as practicable after making a review decision under subsection (1), the reviewer must give a copy of the decision to—
a: the applicant and the Corporation; and
b: every other person who was entitled to be present and heard at the hearing and who was present at it.
4: The reviewer must give a copy of the decision to a person who was entitled to be present and heard at the hearing, but who was not present at it, if that person asks the reviewer for a copy.
5: The Corporation must supply a copy of the review decision to any other person who asks for a copy, but must ensure that the copy supplied contains no information that may identify any individual. The Corporation may charge a fee for supplying the copy, which must be no greater than the cost of preparing the copy for supply and supplying it. 1998 No 114 s 147
145: Review decisions: substance
1: In making a decision on the review, the reviewer must—
a: put aside the Corporation's decision and look at the matter afresh on the basis of the information provided at the review; and
b: put aside the policy and procedure followed by the Corporation and decide the matter only on the basis of its substantive merits under this Act.
2: However, on the review of a decision revised by the Corporation under section 65(1)
3: The reviewer must—
a: dismiss the application; or
b: modify the Corporation's decision; or
c: quash the Corporation's decision; or
d: direct the Corporation to make a decision within a time frame specified by the reviewer if the Corporation has not made the decision in a timely manner as contemplated by sections 54 134(1)(b)
e: make the decision for the Corporation if it has not made a decision in a timely manner as contemplated by sections 54 134(1)(b)
4: If the reviewer quashes the Corporation's decision, the reviewer must—
a: substitute the reviewer's decision for that of the Corporation; or
b: require the Corporation to make the decision again in accordance with directions the reviewer gives.
5: The reviewer may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the reviewer makes the decision,—
a: the person gives the reviewer a reasonable excuse for the person's non-attendance; and
b: the reviewer considers that a decision should not be made until the person has been heard. 1998 No 114 s 148
146: Deemed review decisions
1: The reviewer is deemed to have made a decision on the review in favour of the applicant if—
a: the date for the hearing has not been set within 3 months after the review application is received by the Corporation; and
b: the applicant did not cause, or contribute to, the delay.
2: The date of the deemed decision is 3 months after the review application is received. 1998 No 114 s 149
147: Effect of review decisions
1: A review decision is binding on—
a: the applicant and the Corporation; and
b: any person who has a responsibility under this Act that is invoked in the decision; and
c: any other party to the review.
2: Subsection (1) is subject to subsections (3) and (4).
3: The Corporation is not liable to provide entitlements as a result of a deemed review decision under section 146
4: A claimant who is not an applicant cannot lose his or her cover as the result of a deemed review decision under section 146 1998 No 114 s 150
148: Costs on review
1: The Corporation is responsible for meeting all the costs incurred by a reviewer in conducting a review.
2: Whether or not there is a hearing, the reviewer—
a: must award the applicant costs and expenses, if the reviewer makes a review decision fully or partly in favour of the applicant:
b: may award the applicant costs and expenses, if the reviewer does not make a review decision in favour of the applicant but considers that the applicant acted reasonably in applying for the review:
c: may award any other person costs and expenses, if the reviewer makes a review decision in favour of the person.
3: If a review application is made and the Corporation revises its decision fully or partly in favour of the applicant for review before a review is heard, whether before or after a reviewer is appointed and whether or not a review hearing has been scheduled, the Corporation must award costs and expenses on the same basis as a reviewer would under subsection (2)(a).
4: The award of costs and expenses under this section must be in accordance with regulations made for the purpose.
5: If any costs and expenses are awarded against the Corporation under this section, the Corporation is liable to pay them within 28 days of the decision to award them. 1998 No 114 s 151 Appeals
149: Who may appeal against review decision
1: A claimant may appeal to the District Court
a: a review decision; or
b: a decision as to an award of costs and expenses under section 148
2: The Corporation may appeal to the District Court
a: a review decision; or
b: a decision as to an award of costs and expenses under section 148
3: However, neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision by the Corporation under the Code on a complaint by the claimant.
4: The employer may appeal to the District Court
5:
6: A person who had a right to be present and to be heard at a hearing because of section 142(d) the District Court
7: Any affected person may appeal to the District Court section 148 1998 No 114 s 152 Section 149(1) amended 1 March 2017 section 261 District Court Act 2016 Section 149(2) amended 1 March 2017 section 261 District Court Act 2016 Section 149(4) amended 1 March 2017 section 261 District Court Act 2016 Section 149(5) repealed 1 July 2005 section 29 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 149(6) amended 1 March 2017 section 261 District Court Act 2016 Section 149(7) amended 1 March 2017 section 261 District Court Act 2016
150: District Court Rules and this Act apply to appeal
An appeal under section 149 section 228 Section 150 replaced 1 March 2017 section 261 District Court Act 2016
151: Manner of bringing appeal
1: An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry.
2: The notice must be in the prescribed form.
3: The notice must be received by the specified registry—
a: within 28 days after the date on which the reviewer gives a copy of the review decision to the appellant; or
b: in the case of a deemed review decision under section 146
c: within any longer time allowed by the District Court 1998 No 114 s 154 Section 151(3)(c) amended 1 March 2017 section 261 District Court Act 2016
152: Corporation to provide names of persons entitled to be heard
1: As soon as practicable after receiving the notice of appeal, the Registrar must notify the Corporation that an appeal has been lodged and request the information described in subsection (2).
2: The information is the names and contact details of any person who had a right to be present and heard at the hearing of the review (other than the appellant).
3: The Corporation must provide the Registrar with the information within 7 days of receiving the request from the Registrar. 1998 No 114 s 155
153: Notice of hearing place and date
1: The hearing of an appeal must be at a time and place fixed by the Registrar.
2: The appeal must be heard at a place that the Registrar considers is convenient having regard to the needs of the parties and the efficient administration of the court.
3: The Registrar must notify the appellant of the time and place.
4: The Registrar must also notify any person (other than the appellant) who had a right to be present and heard at the hearing of the review of the time and place, and give the person a copy of the notice of appeal. 1998 No 114 s 156
154: Corporation's duty to make record available
1: On receiving a copy of the notice of appeal, the Corporation must provide to the Registrar any of the following that exist:
a: a copy of the decision appealed against; and
b: the record of the review hearing; and
c: all documents, items, and exhibits relating to the review that are in the custody of the Corporation or the reviewer; and
d: a copy of any notes made by, or by direction of, the reviewer relating to the hearing of the review.
2: A person who had a right to be present and heard at the hearing of the review may request the Corporation to provide any of the items described in subsection (1) that exist, and the Corporation must comply with the request as soon as practicable. 1998 No 114 s 157
155: Hearing of appeal
1: The following persons are entitled to appear at the hearing of the appeal and to be heard at it, either personally or by a representative:
a: the appellant:
b: any other person who had a right to be present and heard at the hearing of the review.
2: An appeal is a rehearing, but evidence about a question of fact may be brought before the court under section 156(2) 1998 No 114 s 158
156: Evidence at appeal
1: The court may hear any evidence that it thinks fit, whether or not the evidence would be otherwise admissible in a court of law.
2: If a question of fact is involved in an appeal, the evidence taken before or received by the reviewer about the question may be brought before the court under any of subsections (3) to (5), subject to any order of the court.
3: Evidence given orally about a question of fact may be brought before the court by the production of a copy of—
a: the notes of the reviewer; or
b: the reviewer's record of hearing; or
c: a written statement read by a witness; or
d: any other material that the court thinks expedient.
4: Evidence taken by affidavit about a question of fact may be brought before the court by the production of any of the affidavits that have been forwarded to the Registrar.
5: Exhibits relating to a question of fact may be brought before the court by—
a: the production of any of the exhibits that have been forwarded to the Registrar; or
b: the production by the parties to the appeal of any exhibits in their custody. 1998 No 114 s 159
157: Appointment of assessor
1: A Judge hearing an appeal may appoint a person to be an assessor for the purposes of the appeal if the Judge considers that—
a: the appeal involves consideration of matters of a professional, technical, or specialised nature; and
b: it would be desirable to appoint as an assessor a person with expert knowledge of those matters.
2: The Judge must consult the parties on the person to be appointed, and must—
a: appoint the person whom the Judge and the parties agree to be suitable; or
b: appoint a person the Judge thinks suitable if the Judge and the parties are unable to agree on a suitable person.
3: The Ministry of Justice Ministry of Justice
4: An appointment of an assessor may not be called in question, in any proceedings, on the grounds that the occasion for the appointment had not arisen or had ceased. 1998 No 114 s 160 Section 157(3) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
158: Involvement of assessor
1: The duties of an assessor are to—
a: sit with the court; and
b: act in all respects as an extra member of the court for the hearing of the appeal; and
c: act as an extra member of the court to assist in the determination of the appeal, but the Judge alone determines the appeal.
2: Before starting his or her duties, an assessor must take an oath before a District Court Judge that the assessor will faithfully and impartially perform the duties.
3: The failure of an assessor to perform his or her duties does not prevent the Judge from making a decision on the appeal without the input of the assessor.
4: A Judge who is satisfied that it is appropriate to do so may revoke the appointment of an assessor and may—
a: conduct the hearing, or the rest of it, without an assessor; or
b: appoint a substitute assessor in accordance with section 157 1998 No 114 s 161
159: Court may make order as to persons who may be present
1: The court may order that the only persons who may be present during the hearing of an appeal are—
a: the Judge; and
b: any assessor; and
c: officers of the court; and
d: the parties and their representatives; and
e: any other person who is entitled to appear and be heard, and his or her representative; and
f: witnesses; and
g: any other person whom the Judge permits to be present.
2: The court may make an order under subsection (1)—
a: on its own initiative or on the application of a party or any other person who is entitled to appear and be heard; and
b: if it considers it necessary and appropriate to do so to protect the privacy of a party or any other person who is entitled to appear and be heard, but the court may not make the order to protect the Corporation. 1998 No 118 s 162
160: Court may make order prohibiting publication
1: The court may make—
a: an order forbidding publication of any report or account of the whole or part of—
i: the evidence adduced; or
ii: the submissions made:
b: an order forbidding the publication of the name, address, or occupation, or particulars likely to lead to the identification, of—
i: a party to the appeal; or
ii: a person who is entitled to appear and be heard; or
iii: a witness.
2: The court may make an order under subsection (1) if it is of the opinion that it is necessary and appropriate to do so to protect the privacy of a person referred to in subsection (1)(b), but the court may not make the order to protect the Corporation.
3: An order under subsection (1)—
a: may be made for a limited period or permanently; and
b: if made for a limited period, may be renewed for a further period or periods; and
c: if made permanently, may be reviewed by the court at any time.
4: Every person who commits a breach of any order made under subsection (1) or evades or attempts to evade any such order commits an offence and is liable on conviction,—
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. 1998 No 114 s 163
161: Decisions on appeal
1: The court must determine an appeal by—
a: dismissing the appeal; or
b: modifying the review decision; or
c: quashing the review decision.
2: If the court quashes the review decision, it must indicate the effect clearly. The effect may be, for example, to—
a: endorse the Corporation's decision; or
b: require the Corporation to take the action the court specifies in relation to the Corporation's decision; or
c: require another review to be conducted in accordance with directions the court gives.
3: Without limiting subsections (1) and (2),—
a: if the appellant, without reasonable excuse, does not appear at the time appointed for hearing the appeal, the court may dismiss the appeal:
b: if the appellant does not prosecute the appeal with due diligence, the court may, on the application of any party, dismiss the appeal. 1998 No 114 s 164 Further appeals
162: Appeal to High Court on question of law
1: A party to an appeal who is dissatisfied with the decision of the District Court
2: The leave of the District Court must be sought within 21 days after the District Court's decision.
3: If the District Court refuses to grant leave, the High Court may grant special leave to appeal.
4: The special leave of the High Court must be sought within 21 days after the District Court refused leave.
5: The High Court Rules 2016 sections 126 to 130 section 124 Section 162 substituted 24 November 2003 section 4(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 162(1) amended 1 March 2017 section 261 District Court Act 2016 Section 162(5) replaced 1 March 2017 section 261 District Court Act 2016
163: Appeal to Court of Appeal on question of law
1: A party to an appeal before the High Court under section 162
2: If the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
3: An appeal to the Court of Appeal must be dealt with in accordance with the rules of the court.
4: The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this section, is final. 1998 No 114 s 166
164: Recovery of costs of appeals
1: The Corporation must in each financial year pay to the Ministry of Justice Ministry
a: the reasonable administrative costs of appeals under this Part; and
b: the reasonable costs of appeals under this Part in relation to judicial salaries, fees, and allowances.
2: Subsection (1) applies to costs that are not met by the parties to appeals under this Part. 1998 No 114 s 167 Section 164(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
6: Management of the Scheme
165: Duty of Corporation
1: The Corporation has a duty to—
a: determine cover for persons for whom claims for cover are lodged; and
b: provide entitlements, in accordance with the provisions of this Act, in respect of persons who have cover under this Act; and
c: manage the Accounts required by this Part to be maintained and operated, while complying with Part 7
d: collect levies under this Act; and
e: administer Part 5
f: carry out functions and duties in relation to or under Part 10
2: The Corporation may, in respect of persons who lodge claims with the Corporation that would have been lodged under Part 4 of the Accident Insurance Act 1998 if it were still in force, choose which Account to provide the entitlement from, and must repay to that Account any amount later received from an insurer in respect of the provision of that entitlement. 1998 No 114 s 280 Financial management
166: Separate Accounts
1: The Corporation must maintain and operate—
a: a Work Account section 167
b:
c:
d: a Motor Vehicle Account for the purpose set out in section 213
e: an Earners' Account for the purpose set out in section 218
f: a Non-Earners' Account for the purpose set out in section 227
g: a Treatment Injury Account section 228
2: This Part and Part 7 1998 No 114 s 281 Section 166(1)(a) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 166(1)(b) repealed 3 March 2010 section 14 Accident Compensation Amendment Act 2010 Section 166(1)(c) repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 166(1)(g) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
166A: Principles of financial responsibility in relation to Accounts
1: The cost of all claims under the levied Accounts are to be fully funded by meeting the outstanding claims liability in respect of the claims by offsetting an adequate level of assets to fund the cost of those claims.
2: When making recommendations in respect of regulations made under section 329
a: the levies derived for each Account should meet the lifetime cost of claims in relation to injuries that occur in a particular year:
b: if an Account has a deficit of funds to meet the costs described in subsection (1), or has accumulated surplus funds, that deficit or surplus should be corrected by the setting of levies at an appropriate rate for a subsequent year or years:
c: large changes in levies should be avoided. Section 166A inserted 24 September 2015 section 5 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015
166B: Funding policy statement
1: Within 12 months after the commencement of this section, the Minister must issue a funding policy statement.
2: The funding policy statement must specify—
a: a target level or band for the funding of each Account; and
b: an approach to managing deviations from the target level or band for the funding of each Account over a period of time; and
c: limits (if any) on any annual levy changes for all or any of the Accounts; and
d: the circumstances (if any) in which levy changes are not required.
3: The funding policy statement must be consistent with, and explain how it is consistent with, the financial responsibility principles in section 166A
4: The funding policy statement may prescribe specific actions for the Corporation to take to the extent that any such action is consistent with the Corporation’s functions under section 262
5: Sections 113 114 Section 166B inserted 24 September 2015 section 5 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015
166C: Consultation, publication, and amendment of funding policy statement
1: Section 115(1) to (3A)
2: The Minister must consult such persons or organisations as the Minister considers appropriate before issuing the funding policy statement. Section 166C inserted 24 September 2015 section 5 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Work Account Heading substituted 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
167: Application and source of funds
1: The purpose of the Work Account is to—
a: finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed persons for work-related personal injuries; and
b: finance the following entitlements that are required to be provided in respect of persons whose entitlements would have been provided from the Employers' Account under the Accident Rehabilitation and Compensation Insurance Act 1992
i: entitlements for work injuries (as defined in the Accident Rehabilitation and Compensation Insurance Act 1992
ii: entitlements for non-work injuries to earners suffered before 1 July 1992.
2: The funds for the Work Account are to be derived from—
a: levies payable under sections 168 168A 168B 211
b: payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
c: premiums continued by or payable under Part 11
3: The funds in the Work Account must be applied to meet the costs of—
a: entitlements in respect of employees, private domestic workers, and self-employed persons for work-related personal injuries; and
b: entitlements in respect of obligations, under accident insurance contracts of employers and private domestic workers, and for self-employed persons, taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
c: entitlements that are required to be provided in accordance with Part 11 Accident Insurance Act 1998
d: entitlements in respect of employers, private domestic workers, and self-employed persons that, immediately before 1 April 2007, would have been funded from the Self-Employed Work Account or the Employers' Account; and
e: entitlements that, immediately before the commencement of section 21
f: administering the Account; and
g: audits and assessments referred to in sections 174D 175
h: any other expenditure authorised by this Act.
4: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies payable under sections 168 168A 168B 211
a: the purposes of subsection (3)(a) to (d) and (f) to (h):
b: the purposes of subsection (3)(e), (f), and (h)
5: Those regulations may also relate to the same or different prescribed periods. Section 167 substituted 3 March 2010 section 15 Accident Compensation Amendment Act 2010 Section 167(3)(g) replaced 4 April 2016 section 6 Accident Compensation Amendment Act 2015 Section 167(4)(b) amended 26 September 2015 section 336A(2)(a)
168: Employers to pay levies
1: An employer must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account
2: A levy must relate to a prescribed period.
3: An employer must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the employer by the Corporation or an agent of the Corporation, being a date not less than 30 days 1998 No 114 s 281B Section 168(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 168(3) amended 1 August 2008 section 21 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
168A: Private domestic workers to pay levies
1: A private domestic worker must pay, in accordance with this Act and regulations made under this Act, levies to fund the Work Account
2: A levy must relate to a prescribed period.
3: A private domestic worker must pay the levy by the date specified for payment, whether in an invoice or another appropriate document given to the private domestic worker by the Corporation or an agent of the Corporation, being a date not less than 30 days
4:
5: Nothing in this Act requires a private domestic worker to pay a Work Account levy relevant earnings
6: Sections 170 171 173 section 168 Section 168A inserted 1 July 2005 section 31 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 168A(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 168A(3) amended 1 August 2008 section 22 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 168A(4) repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 168A(5) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
168B: Self-employed persons to pay levies
1: A self-employed person must pay, in accordance with this Act and regulations made under it, levies to fund the Work Account.
2: A levy must relate to a prescribed period.
3: A self-employed person must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation, being a date not less than 30 days Section 168B inserted 1 April 2007 section 5 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 168B(3) amended 1 August 2008 section 23 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
169: Rates of levies
1: Levies are to be paid under sections 168 168A 168B
a: the amount of earnings paid, estimated to be paid, or deemed by regulations to have been paid by an employer to the employer's employees
b: the amount of earnings received
c: the level of earnings (other than earnings as an employee) derived, estimated to be derived, or deemed by regulations to be derived, by a self-employed person.
2: Regulations made under this Act may—
a: establish a system or systems for either or both of the following:
i: the experience rating of employers, private domestic workers, or self-employed persons:
ii: risk sharing between employers, private domestic workers, or self-employed persons, on the one hand, and the Corporation on the other; and
b: adjust the levies under sections 168 168A 168B 211
3: The systems referred to in subsection (2) may include no-claims bonuses, higher or lower levies, and claim thresholds.
4: Section 169 substituted 1 April 2007 section 6 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 169(1)(a) amended 3 March 2010 section 16(1) Accident Compensation Amendment Act 2010 Section 169(1)(b) amended 3 March 2010 section 16(1) Accident Compensation Amendment Act 2010 Section 169(2) substituted 3 March 2010 section 16(2) Accident Compensation Amendment Act 2010 Section 169(3) added 3 March 2010 section 16(2) Accident Compensation Amendment Act 2010 Section 169(4) repealed 26 September 2015 section 336A(2)(c)
169AA: Basis on which funds to be calculated
Section 169AA repealed 26 September 2015 section 336A(2)(b)
169A: Limit on offsets in case of earnings as self-employed person
1: In determining a person's earnings as a self-employed person, no offset may be allowed for the amount of—
a: any net loss of the person for an earlier tax year that might otherwise be offset by the person under sections IA 1 to IA 4 IA 7(9) IA 9
b: any part of the net loss of a loss attributing qualifying company (as defined in section YA 1 sections HA 20 HA 24 HA 26 HA 27 IA 7(2)
2: If the result of the calculation of a person's earnings as a self-employed person is a negative amount and the person also derives earnings as an employee, the person's earnings as an employee must not be reduced by the negative amount. Section 169A inserted 1 April 2007 section 7 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 169A(1)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 169A(1)(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
170: Classification of industries or risks
1: For the purpose of setting levies payable under sections 168 168B 211
2: If an employer is engaged in 2 or more activities, the Corporation must classify all the employer's employees in the classification unit for whichever of those activities attracts the highest levy rate under the regulations.
3: Despite subsection (2), the Corporation may classify the employer's employees in separate classification units for different activities if the employer meets the threshold (if any)
a: the employer so requests; and
b: the employer is engaged in 2 or more distinct and independent activities; and
c: each of those activities provides services or products to external customers in such a way that each activity could, without adaptation, continue on its own without the other activities; and
d: accounting records are maintained by the employer to the satisfaction of the Corporation that—
i: demonstrate the separate management and operation of each activity; and
ii: allocate to each activity the earnings of employees engaged solely in that activity.
4: Regulations made under this Act must prescribe a Work Account levy for each industry or risk class defined under subsection (1).
4A: The regulations referred to in subsection (4) that relate to an industry or risk class defined under subsection (1)(a)
a: may, until the end of the 2009–10 tax year, prescribe the levies at different rates for employers and self-employed persons classified in the same industry or risk class; and
b: must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more than 25% of the rate payable in the previous tax year; and
c: must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and self-employed persons classified in the same industry or risk class.
5: The Corporation must decide which industry or risk class is appropriate in relation to any employer or self-employed person section 239
6: The Corporation must separately account for the amounts—
a: collected from each industry or risk class under sections 168 168B 211
b: expended for the purposes of section 167(3)
7: If costs relating to a particular claim are attributable to more than 1 industry or risk class, the Corporation must apportion those costs in a way that reasonably represents the relative costs to each of those industry or risk classes.
8: Nothing in this section prevents the Corporation from making arrangements to enable employers or self-employed persons 1998 No 114 s 281D; SR 2000/54 r 6 Section 170(1) replaced 26 September 2015 section 336A(3) Section 170(3) amended 22 October 2003 section 4 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 Section 170(4) substituted 1 April 2007 section 8(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 170(4A) inserted 1 April 2007 section 8(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 170(4A) amended 3 March 2010 section 18(2) Accident Compensation Amendment Act 2010 Section 170(5) amended 1 April 2007 section 8(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 170(6) substituted 1 April 2007 section 8(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 170(8) amended 1 April 2007 section 8(5) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
171: Classification of self-employed persons and employees engaged in 2 or more activities
1: A self-employed person or (if section 170(3)
2: If a particular activity accounts for 5% or less of a self-employed person's or an employee's earnings for the year, then that activity need not be considered when determining the correct industry or risk class under subsection (1).
3: Subsection (2) applies only if the self-employed person's or the employer's records are sufficient and accurate enough to satisfy the Corporation that the apportionment of total earnings is correct. Section 171 substituted 1 April 2007 section 9 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
172: Work Account levy of employee
1: Except as provided in subsection (2), nothing in this Act requires an employer to pay a Work Account levy
2: If a person's earnings as an employee for a tax year
a: each employer must pay a Work Account levy
b: each employer may apply in writing to the Corporation for a pro rata refund of the excess levy paid, to be calculated according to the following formula: (a ÷ b) × c where—
a: is the total earnings on which the levy is paid by the employer in respect of that employee
b: is the total earnings on which the levy is paid by all employers in respect of that employee
c: is the total excess levy paid by all employers in respect of that employee.
3: An employer is not entitled to a refund under subsection (2)(b) after the expiry of a period of 4 years beginning from the close of the tax year Work Account levy SR 1999/196 r 6J Section 172 heading amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 172(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 172(2) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 172(2)(a) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 172(2)(b) substituted 1 July 2005 section 32 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 172(3) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 172(3) amended 1 April 2005 section YA 2 Income Tax Act 2004
172A: Work Account levy not payable on earnings of self-employed person over specified maximum
Nothing in this Act requires a self-employed person to pay a Work Account levy on earnings that exceed the specified maximum. Section 172A inserted 1 April 2007 section 10 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
173: Estimation of levy
1: The Corporation may require an employer to pay a levy based on the Corporation's reasonable estimate of the levy payable by the employer for part or all of the prescribed period.
2: In that event, the Corporation must, as soon as practicable after the end of the period to which the Corporation's requirement relates, calculate the amount of levy actually payable by the employer for the part or all of the prescribed period and—
a: refund any amount greater than $20 that is overpaid, together with (if that amount exceeds $1,000) interest on that amount at the rate prescribed by regulations or the rate as calculated by the method prescribed by regulations
b: require the employer to pay any amount greater than $20 that is outstanding.
3: The Corporation must not issue an invoice arising from a recalculation under subsection (2) unless the amount invoiced is greater than $20. 1998 No 114 s 281F Section 173(2)(a) amended 30 October 2022 section 12 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022
174: Employer to notify increase or decrease of relevant employee earnings
1: Subsection (2) applies if an employer, during a tax year tax year tax year
2: When this subsection applies,—
a: if the increase or decrease is 20% or more, the employer must notify the Corporation of the employer's estimate of the relevant employee earnings for that tax year
b: in any other case, the employer may notify the Corporation of that estimate.
3: The Corporation may require an employer to provide further information to support the employer's estimate.
4: As soon as practicable after receiving the earnings figures necessary for the Corporation to recalculate the levy, the Corporation must recalculate the levy and notify the employer of the recalculated levy. SR 1999/196 r 6G Section 174(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 174(2)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004
174A: Corporation may develop and establish workplace incentive programmes
1: The Corporation may develop and establish 1 or more workplace incentive programmes to provide incentives for employers and self-employed persons to reduce the incidence, severity, and impact of work-related personal injuries.
2: A Work Account levy determined for the purposes of section 168 168B 211
3: Regulations made under section 333
a: administration fees to meet the costs, or part of the costs, incurred in administering the programme; and
b: fees or charges for audits and assessments provided for under section 174D(3) Section 174A inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015
174B: Process to develop workplace incentive programme
1: In developing a workplace incentive programme, the Corporation must—
a: have regard to the following matters:
i: the extent to which the programme is likely to lead to reductions in the incidence, severity, and impact of work-related personal injuries and to improvements in rehabilitation and durable return to work; and
ii: the extent to which the programme may affect the Work Account levies payable by levy payers who are not participating in the programme; and
iii: the expected administration costs of the programme; and
iv: the impact of the programme on the administration of the accident compensation scheme as a whole and on claims management processes; and
b: endeavour to ensure that programmes are available for a variety of types of employers and self-employed persons, including small and large businesses; and
c: endeavour to ensure that the rates of adjustment to Work Account levies that will be available under the programme are proportionate to the expected increases or decreases in costs to the Corporation as a result of employers and self-employed persons participating in the programme.
2: In developing a workplace incentive programme, the Corporation must consult the persons or organisations it considers appropriate, having regard to—
a: the potential participants in the programme; and
b: the potential impact of the programme on the Work Account levies of non-participating levy payers.
3: Subsection (2) does not apply if the Minister determines under section 174C Section 174B inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015
174C: Minister's approval of certain workplace incentive programmes
1: The Minister may determine, in relation to any proposed workplace incentive programme, that the programme must be approved by the Minister before it is established under section 174D
2: In deciding whether to make a determination under subsection (1), the Minister may consider any relevant factors, including—
a: the public interest; and
b: how the proposed workplace incentive programme aligns with the Government's broader objectives; and
c: the impact of the proposed workplace incentive programme on levy payers generally or on particular groups of levy payers; and
d: the impact of the proposed workplace incentive programme on levy payers who, despite being eligible to participate in the proposed programme, may choose not to participate.
3: If the Minister makes a determination under subsection (1), before the Minister approves the establishment of the workplace incentive programme, the Minister must consult any persons or organisations that the Minister considers appropriate, having regard to—
a: the potential participants in the programme; and
b: the potential impact of the programme on the Work Account levies of non-participating levy payers. Section 174C inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015
174D: Establishment of workplace incentive programmes
1: The Corporation may
2: A workplace incentive programme must set out the terms and conditions of the
a: any criteria that must be met before an employer or a self-employed person may participate in the programme; and
b: the basis and conditions on which, and periods for which, Work Account levies may be adjusted for participants in the programme; and
c: the level or levels of levy adjustment that may apply to participants in the programme.
3: Without limiting subsection (2), a workplace incentive programme may provide for audits or assessments of participants in the
a: the order in which applications for audits or assessments are to be dealt with:
b: the approval of auditors and assessors:
c: requirements that audits or assessments be conducted in accordance with an audit tool or audit tools developed or approved by the Corporation:
d: the frequency of audits or assessments and the circumstances under which additional audits or assessments may be required.
4: A workplace incentive programme section 176 section 177 programme were regulations section 175
5: A workplace incentive programme is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation 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 174D inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015 Section 174D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 174D(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 174D(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 174D(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 174D(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
174E: Amendments to workplace incentive programme
1: A workplace incentive programme may be amended in the same manner as a workplace incentive programme is developed and established.
2: Sections 174B to 174D
3: Despite subsection (2), sections 174B(2) 174C(3)
4: Section 174E inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015 Section 174E(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
174F: Corporation must report on effectiveness of workplace incentive programmes
The Corporation must include in its annual report under section 150 Section 174F inserted 4 April 2016 section 8 Accident Compensation Amendment Act 2015
175: Risk adjustment of Work Account levies
1:
2:
3: A Work Account levy determined for the purposes of section 168
4: An audit of an employer's safety management practices must
a: are approved by the Minister; and
b: measure safety management practice or safety management capability, as the case may be, against independent New Zealand or foreign standards.
5: If any upward adjustment of levies under subsection (3) is to occur for a particular employer, sections 178 to 180
6: Adjustments to levies may be reassessed on the basis of any new audits or assessments.
7: Regulations made for the purposes of subsection (3) must
a: the level or levels of levy adjustment for different levels of compliance assessed by the audit tool or tools:
b: the basis and conditions on which, and periods for which, Work Account levies may be adjusted:
c: the frequency of audits of an employer's safety management practices and the circumstances under which additional audits may be required:
d: the order in which applications for audits or assessments are to be dealt with:
e: the approval of auditors by the Corporation.
8: Section 331
9: The Corporation must decide—
a: whether an adjustment to a Work Account levy is to be made; and
b: the level of any adjustment. Section 175 substituted 1 April 2007 section 11 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 175(1) repealed 1 April 2017 section 9(1) Accident Compensation Amendment Act 2015 Section 175(2) repealed 1 April 2017 section 9(1) Accident Compensation Amendment Act 2015 Section 175(4) amended 1 April 2017 section 9(2) Accident Compensation Amendment Act 2015 Section 175(7) amended 1 April 2017 section 9(3) Accident Compensation Amendment Act 2015 Section 175(7)(c) replaced 1 April 2017 section 9(4) Accident Compensation Amendment Act 2015
176: Incorporation by reference
1: Regulations made for the purposes of section 175
a: New Zealand standard, or any requirement or recommended practice of any New Zealand organisation; or
b: standard, requirement, recommended practice, rule, statute, or regulation, of any foreign Government or organisation.
2: Any material incorporated in regulations by reference is to be regarded for all purposes as forming part of the regulations, but any amendment made to the material after the commencement of the regulations does not have effect until regulations have been made incorporating the amendment into the regulations.
3: Any material incorporated in the audit tool by reference is to be regarded for all purposes as forming part of the audit tool, but any amendment made to the material after the commencement of the audit tool does not have effect until the amendment has been approved for incorporation in the audit tool by the Minister.
4: Subpart 1 section 114 Section 176(1)(a) replaced 4 April 2016 section 10 Accident Compensation Amendment Act 2015 Section 176(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
177: Copy of audit tool and material incorporated by reference to be available to public
A copy of every audit tool approved by the Minister and of all material incorporated in regulations or the audit tool by reference must be made available by the Corporation for inspection by the public free of charge.
178: Criteria for upward adjustment of levies
1: The Corporation may seek to initiate the process in section 179
2: Without limiting subsection (1), in deciding under that subsection whether or not to initiate the process in section 179
a: information about average rates of claims in that industry or risk class:
b: information about the nature and severity of injuries to employees in that industry or risk class:
c: information about trends in relation to work-related personal injuries in that industry or risk class:
d: the number, nature, and severity of claims for cover accepted for work-related personal injuries by employees of that employer:
e: any trends or patterns in the work-related personal injuries suffered by employees of that employer, such as a repetition of claims by particular employees or types of employee, or a repetition of particular types of injury:
f: any audit previously undertaken of the employer's safety management practices:
g: any international information that is relevant to the New Zealand situation.
179: Process for Corporation to decide whether to require audit
1: The process in this section is initiated by the Corporation giving the employer a notice stating—
a: that the Corporation is satisfied of the matter specified in section 178(1)
b: the Corporation's reasons for its statement under paragraph (a); and
c: that the purpose of the process is to decide whether or not the employer's safety management practices should be audited under section 180
d: that the Corporation and employer are required to enter into a dialogue about the standard of the employer's safety management practices; and
e: that failure to reach the standard required by the audit or to allow the audit to take place may result in an upwards adjustment of the employer's levies.
2: After the notice is given, the Corporation and employer must enter into a dialogue about the standard of the employer's safety management practices.
3: As part of the dialogue, consideration must be given to whether—
a: the employer should initiate a self-audit of its safety management practices:
b: the Corporation should assist in such an audit:
c: the Corporation should assist the employer to understand the need to improve, and the ways to improve, the employer's safety management practices.
4: As part of the dialogue, the Corporation must give the employer a reasonable opportunity to explain and comment on the health and safety situation in the employer's workplace.
5: When the Corporation and the employer have concluded the dialogue, the Corporation must—
a: decide, on the basis of information it has gathered, whether the employer's safety management practices should be audited under section 180
b: notify the employer of the decision.
180: Effect of audit or refusal to allow audit
1: An audit allowed by an employer must be conducted in accordance with a tool approved by the Minister under section 175(4)
2: If the employer refuses to allow an audit to take place, or the audit cannot be completed in a reasonable time because the employer fails to participate or because of the way in which the employer participates in the audit, the Corporation may adjust the employer's levies upwards without the audit being completed.
3: If the employer reaches the standard required by the audit tool, the Corporation must not adjust the employer's levies upwards.
4: If the employer fails to reach the standard required by the audit tool, the Corporation must adjust the employer's levies upwards in accordance with regulations made for the purposes of section 175
5: To avoid doubt, if an employer whose levies have been adjusted upwards subsequently does reach the standard required by the audit tool and the levies are to be re-adjusted, the levies must be adjusted back to the standard rate for an employer in that industry or risk class. Section 180(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Accredited employers
181: Interpretation
In this section and in sections 182 to 189 accreditation agreement accredited employer section 186 claim management period framework section 183 1998 No 114 s 326A
182: Objectives of sections 181 to 189
The objectives of sections 181 to 189
a: promote injury prevention and rehabilitation; and
b: reduce work-related personal injury claim costs and levies; and
c: provide benchmarks against which the extent and management of work-related personal injuries can be measured— by allowing accredited employers (after consulting their employees or their employees' representatives, including any union registered under the Employment Relations Act 2000 1998 No 114 s 326B
183: Framework to be established
1: The Minister must
2: The framework must not contain any provision that is inconsistent with any provision of sections 181 to 189
3: The Minister may
4: A framework is secondary legislation ( see Part 3
5: Any framework established under Part 10A of the Accident Insurance Act 1998 that is in force immediately before the commencement of this section is a framework under this section. 1998 No 114 s 326C 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 183(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 183(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 183(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
184: Accreditation agreements
1: An accreditation agreement may provide that—
a: the employer is liable for some or all of the cost of providing entitlements in relation to work-related personal injuries suffered by the employer's employees in that employer's employment; and
b: in return, the Corporation will charge the employer reduced levies in relation to those work-related personal injuries on the basis set out in the framework; and
c: some decisions of an employer in relation to a work-related personal injury that are made under an accreditation agreement are, for the purposes of this Act, to be regarded as decisions of the Corporation.
2: An accreditation agreement may provide for an accredited employer to recover contributions from insurers, other accredited employers, and the Corporation, in accordance with this Act (for example, in the case of gradual process injuries and subsequent injuries).
3: An accreditation agreement may similarly provide for an accredited employer to make contributions to insurers, other accredited employers, and the Corporation, in accordance with this Act. 1998 No 114 s 326D
185: Accreditation requirements
1: The Corporation may enter into an accreditation agreement with an employer only if, in the opinion of the Corporation, the employer—
a: has appropriate experience in managing occupational health and safety issues positively; and
b: has demonstrated commitment to injury prevention; and
c: has demonstrated understanding and awareness of the importance of—
i: rehabilitation; and
ii: the employer's involvement in the rehabilitation of the employer's employees; and
d: has appropriate policies and procedures in place to prevent work-related personal injuries; and
e: has adequate resources, policies, and procedures in place to manage work-related personal injury claims; and
f: has adequate resources, policies, and procedures in place to promote and manage rehabilitation; and
g: has adequate procedures in place to fulfil the reporting requirements in section 189
h: is able and will continue to be able to meet its expected financial and other obligations in relation to work-related personal injury claims because it is solvent and financially sound; and
i: has consulted with the employer's employees and any representatives of those employees (including any union to which those employees belong that is registered under the Employment Relations Act 2000
2: The Corporation may revoke an accreditation agreement at any time if, in the opinion of the Corporation after discussion with the employer, the employer no longer complies with the framework or no longer fulfils the requirements in paragraphs (a) to (h) of subsection (1). 1998 No 114 s 326E
186: Corporation may be accredited employer
1: The Corporation can become an accredited employer only in accordance with this section.
2: Despite any other provision of sections 181 to 189
a: providing for the Minister to appoint the Corporation as an accredited employer in relation to its employees:
b: providing for the manner in which the Corporation is to carry out its functions and duties as an accredited employer:
c: providing for any matters that may be provided for in an accreditation agreement under sections 181 to 189.
3: In carrying out its functions and duties as an accredited employer, the Corporation must act in accordance with the procedure established under subsection (2).
4: The procedure established under subsection (2) must be consistent with sections 181 to 189
187: Accredited employers to provide entitlements
1: An accredited employer must, during the claim management period concerned,—
a: manage every work-related personal injury claim relating to injury suffered by an employee of the employer in that employer's employment during the period specified for the purpose in the accreditation agreement; and
b: provide any entitlements, and pay the costs, specified in the accreditation agreement in relation to every such claim.
2: Despite subsection (1), the Corporation may agree with an accredited employer to assume some or all of the employer's liability under subsection (1) on such terms and conditions as the Corporation thinks fit.
3: If an accredited employer has ceased to exist or fails or is unable to perform its obligations under an accreditation agreement or this Act,—
a: those obligations must be performed by the Corporation; and
b: except to the extent otherwise provided in the accreditation agreement, the cost of doing so will constitute a debt due to the Corporation from the accredited employer; and
c: for the purposes of any law relating to the ranking of creditors on an insolvency, receivership, or liquidation, that debt is, to the extent it represents payment of weekly compensation to an employee, to be regarded as ranking in priority next after wages or salary.
4: The obligations of an accredited employer under, and other provisions of, an accreditation agreement in respect of any work-related personal injury claim relating to injury suffered during the period specified for the purpose in the accreditation agreement continue after the termination of the agreement as if the agreement remained in force. 1998 No 114 s 326F
188: Monitoring and audit
1: The Corporation must establish a monitoring programme for accredited employers, which may include audits of the activities of accredited employers to ascertain whether—
a: the requirements of sections 181 to 189
b: accredited employers have provided accurate and complete reports to the Corporation in accordance with accreditation agreements.
2: Persons carrying out any audit under subsection (1) must, during the course of the audit, give the following an opportunity to be heard in relation to the audit:
a: representatives of the accredited employer; and
b: representatives of employees of the accredited employer (including any union to which those employees belong that is registered under the Employment Relations Act 2000 1998 No 114 s 326G
189: Reporting and information
1: An accredited employer must report to the Corporation in accordance with the accreditation agreement.
2: The Corporation may use information received under subsection (1) for the purposes of enabling the information manager to carry out the manager's functions and duties under Part 8
3: All information received by an accredited employer in relation to work-related personal injury claims made by an employee of the employer under the accreditation agreement is the property of the Corporation.
4: An accredited employer must provide to each employee, without charge, a written statement that specifies the procedures and requirements under the accreditation agreement in relation to the lodging of claims, provision of rehabilitation, handling of claims, assessment of incapacity, assessment of vocational independence, and dispute resolution. 1998 No 114 s 326H Purchase of weekly compensation by shareholder-employees
190: Purchase of weekly compensation by shareholder-employees
1: A shareholder-employee the shareholder-employee
2: For the purposes of subsection (1), sections 174D 175 208(2) 209 210 211(1) and (2) 212 shareholder-employee Section 190(1) amended 1 July 2010 section 19(1)(a) Accident Compensation Amendment Act 2010 Section 190(1) amended 1 July 2010 section 19(1)(b) Accident Compensation Amendment Act 2010 Section 190(2) amended 4 April 2016 section 11 Accident Compensation Amendment Act 2015 Section 190(2) amended 1 July 2010 section 19(2) Accident Compensation Amendment Act 2010
191: Effect on
Work Account levy
1: If a shareholder-employee purchases agreed weekly compensation under section 190 Work Account
2: However, subsection (1) does not affect the employer's obligation to pay the portion of the Work Account levy referred to in section 167(4) Section 191 heading amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 191(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 191(2) substituted 3 March 2010 section 20 Accident Compensation Amendment Act 2010 Residual Claims Account Heading repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
192: Application and source of funds
Section 192 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
193: Liability to pay Residual Claims levy
Section 193 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
194: Rate of levy
Section 194 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
195: Classification of industries or risk
Section 195 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
196: Classification of employees engaged in 2 or more activities
Section 196 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
197: Classification of self-employed persons engaged in 2 or more activities
Section 197 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
198: Residual Claims levy where 2 or more employers
Section 198 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
199: Promotion of employer involvement
Section 199 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010
200: Residual Claims levy not payable on earnings over specified maximum
Section 200 repealed 3 March 2010 section 21 Accident Compensation Amendment Act 2010 Self-Employed Work Account Heading repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
201: Application and source of funds
Section 201 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
202: Self-employed persons to pay levies
Section 202 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
203: Rate of levies
Section 203 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
204: Limit on offsets in case of earnings as self-employed person
Section 204 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
205: Classification of industries or risk
Section 205 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
206: Classification of self-employed persons engaged in 2 or more activities
Section 206 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
206A: Risk adjustment of Self-Employed Work Account levy
Section 206A repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
206B: Incorporation by reference
Section 206B repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
206C: Copy of material incorporated by reference to be available to public
Section 206C repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
207: Self-employed Work Account levy not payable on earnings over specified maximum
Section 207 repealed 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Purchase of weekly compensation by self-employed persons
208: Purchase of weekly compensation by self-employed persons
1: A self-employed person may apply to purchase from the Corporation, in accordance with section 209
2: Subject to any regulations made under this Act, but otherwise without limitation, the agreement may include—
a: provision for the reduction, or progressive reduction, of the agreed level of weekly compensation in the circumstances set out in the agreement, which may include either or both of the following:
i: circumstances where the person is able to engage in some employment:
ii: circumstances where the person continues to derive earnings while incapacitated:
b: entitlement to death benefits for the self-employed person's spouse or partner
c: weekly compensation payable for work-related personal injury only or payable for both work-related and non-work personal injury:
d: specified levels of weekly compensation for specified periods:
e: any combination of the provisions referred to in any of paragraphs (a) to (d). 1998 No 114 s 302A Section 208(2)(b) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
209: Procedure for reaching agreement
1: The Corporation must discuss with the self-employed person the options available to the self-employed person and determine a level of weekly compensation that fairly reflects the likely costs of incapacity for the self-employed person having regard to—
a: an estimate of the person's income, net of business costs; and
b: an estimate of the cost of any required replacement labour; and
c: such other matters as may be relevant to the particular case.
2: The amount determined under subsection (1) must not be—
a: less than 80% of the amount of weekly earnings specified in clause 42(3)
b: more than the maximum amount of weekly compensation specified in clause 46
3: The weekly compensation to be provided by the Corporation under this section must be set out in a written agreement between the Corporation and the self-employed person that includes—
a: the date on which the right to receive weekly compensation will start, which may be the date on which the agreement is made or any later date; and
b: the period for which the agreement has effect; and
c: the details of the weekly compensation to be provided under the agreement; and
d: those provisions of Parts 2 4
e: the levy payable and the time at which it becomes payable; and
f: any other agreed terms.
4: The agreement has no effect in respect of any personal injury suffered before the date the agreement is entered into.
5: If the self-employed person fails to pay any levy by the time payment is due under the agreement, the agreement has no effect.
6: If the self-employed person ceases to be a self-employed person while the agreement has effect, the agreement ceases to have effect as from the time of that change in status.
7: Any person who is dissatisfied with a determination of the Corporation under subsection (1) may seek a review by the Corporation of that determination within 3 months after the person is notified of the determination, and Part 5 1998 No 114 s 302B
210: Effect of agreement
1: A self-employed person who purchases weekly compensation under section 209
a: the person suffers incapacity resulting from a personal injury suffered during the period for which the agreement has effect; and
b: the person has cover for the personal injury under Part 2
2: A person who purchases weekly compensation under section 209
a: the amount specified in an agreement made under section 209
b: the amount calculated under Schedule 1 section 209
3: A person who purchases weekly compensation under section 209 Parts 2 4 1998 No 114 s 302C Section 210(2) substituted 1 July 2005 section 36(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
211: Levies for self-employed persons who purchase weekly compensation
1: A self-employed person who purchases weekly compensation under section 209
2: The aim of levies payable by persons who purchase weekly compensation under section 209
3: In reporting under section 278
a: how many persons purchase weekly compensation under section 209
b: the costs incurred in respect of the provision of weekly compensation under section 210
c: the extent to which payments of weekly compensation relate to work-related injuries or non-work injuries. 1998 No 114 s 302D
212: Earner levies for self-employed persons who purchase weekly compensation
A self-employed person who purchases weekly compensation under section 209 section 219(1) Section 212 amended 3 March 2010 section 22 Accident Compensation Amendment Act 2010 Motor Vehicle Account
213: Application and source of funds
1: The purpose of the Motor Vehicle Account is to—
a: finance entitlements provided under this Act in respect of motor vehicle injuries; and
b: finance the cost of programmes to improve the safety of moped and motorcycle riders from the levy referred to in subsection (2)(d).
2: The funds for the Motor Vehicle Account are to be derived from—
a: levies to be paid by every person registered under Part 17
b: levies to be paid by every person who holds a trade plate issued under section 262(3)
c: a levy to be paid in accordance with section 214(4)
d: the prescribed Motorcycle Safety levy; and
e: premiums payable under Part 11
3: The levy payable under subsection (2)(c) is payable—
a: on any fuel (or any category of fuel) specified in the Excise and Excise-equivalent Duties Table (as defined in section 5(1)
b: in the absence of regulations for the time being in force for the purpose of paragraph (a), on any motor spirit in respect of which excise duty or excise-equivalent duty is for the time being payable under the Customs and Excise Act 2018
4:
5: The funds in the Motor Vehicle Account must be applied to meet the costs of—
a: entitlements in respect of persons who have cover for personal injury that is a motor vehicle injury; and
b: entitlements that are required to be provided in accordance with Part 11
ba: claims that would have been provided from the Motor Vehicle Account under the Accident Rehabilitation and Compensation Insurance Act 1992
c: administering the Account; and
d: any other expenditure authorised by this Act.
6: To avoid doubt,—
a: subsection (1)(b) does not limit or affect section 263
b: section 263
7: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies (except the Motorcycle Safety levy) to provide for or, to the extent that it is necessary, to provide separately for,—
a: the purposes of subsection (5)(a), (b), (c), and (d):
b: the purposes of subsection (5)(ba), (c), and (d) 1998 No 114 s 291 Section 213(1) substituted 3 March 2010 section 23(1) Accident Compensation Amendment Act 2010 Section 213(2)(a) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 213(2)(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 213(2)(c) substituted 1 July 2003 section 5(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 213(2)(d) substituted 3 March 2010 section 23(2) Accident Compensation Amendment Act 2010 Section 213(3) substituted 1 July 2003 section 5(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 213(3)(a) substituted 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 213(3)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 213(3)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 213(4) repealed 1 July 2003 section 5(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 213(5)(ba) inserted 3 March 2010 section 23(3) Accident Compensation Amendment Act 2010 Section 213(6) substituted 3 March 2010 section 23(4) Accident Compensation Amendment Act 2010 Section 213(7) added 3 March 2010 section 23(4) Accident Compensation Amendment Act 2010 Section 213(7)(b) amended 26 September 2015 section 336B(2)(a)
214: Rate of levies
1: A person registered under Part 17
2: A person who holds a trade plate issued under section 262(3)
3: A registered owner of a motor vehicle that is a moped or motorcycle must pay, in accordance with this Act and regulations made under it, the prescribed Motorcycle Safety levy.
3A: Subsection (3) does not limit or affect subsection (1).
4: The levy payable under section 213(2)(c)
a: at the rate or rates per litre or other unit prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a), at the rate of 5.08 cents per litre of motor spirit in respect of which excise duty or excise-equivalent duty is payable under the Customs and Excise Act 2018
4A: In this section and in section 213
4B: The levy must be paid to the New Zealand Customs Service—
a: by the person who would be liable to pay excise duty or excise-equivalent duty if any were payable; and
b: when any excise duty or excise-equivalent duty would be paid if any were payable.
5: The rate or rates of the levy prescribed by regulations made under this Act, and the rate prescribed by subsection (4)(b), are exclusive of goods and services tax. 1998 No 114 s 292 Section 214(1) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 214(2) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 214(3) substituted 3 March 2010 section 24 Accident Compensation Amendment Act 2010 Section 214(3A) inserted 3 March 2010 section 24 Accident Compensation Amendment Act 2010 Section 214(4) added 1 July 2003 section 6 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 214(4)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 214(4A) inserted 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 214(4B) inserted 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 214(5) added 1 July 2003 section 6 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
215: Basis on which funds to be calculated
Section 215 repealed 26 September 2015 section 336B(2)(b)
216: Levy categories
1: Regulations made under this Act may establish a system for differential levies in relation to all or any of the following or categories of the following:
a: motor vehicles:
b: persons registered under Part 17
c: persons who hold trade plates under section 262(3)
d: fuel in respect of which a levy is payable under section 213(2)(c)
2: The regulations may also classify all or any of the following, or categories of the following, into classes that most accurately describe their risk rating and may impose levies at different rates in relation to those classes in accordance with the system of differential levies referred to in subsection (1):
a: motor vehicles:
b: registered owners of motor vehicles:
c: persons who hold trade plates under section 262(3)
3: Subsection (2) does not limit subsection (1). 1998 No 114 s 294 Section 216(1)(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 216(1)(c) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 216(1)(d) added 1 July 2003 section 7 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 216(2) added 3 March 2010 section 26 Accident Compensation Amendment Act 2010 Section 216(2)(c) amended 5 December 2013 section 5 Accident Compensation Amendment Act (No 2) 2013 Section 216(3) added 3 March 2010 section 26 Accident Compensation Amendment Act 2010
217: Collection of levies
1: The levies payable under section 214(1) or (2) section 244 plate under section 262
2: The levy payable under section 213(2)(c)
a: in the manner prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a), with any excise or excise-equivalent duty that is payable on that fuel.
3: The Motorcycle Safety levy is payable in the prescribed manner.
4: Any person who receives any payment of any motor vehicle levy payable to the Corporation must pay that levy to the Corporation not later than the end of the month after the month in which that levy is received.
4A: However, in the case of the levy payable under section 213(2)(c)
a: in the manner prescribed by regulations made under this Act; or
b: in the absence of regulations for the time being in force for the purpose of paragraph (a), in the manner agreed by the Corporation and the agent.
5: No penalty is payable in respect of any amount due under this section if the person satisfies the Corporation that the motor vehicle was not used on a road during the period for which the levy was due but not paid.
6: Subsection (5) does not apply to the levy payable under section 213(2)(c) 1998 No 114 s 295 Section 217(1) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 217(2) substituted 1 July 2003 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 217(3) substituted 3 March 2010 section 27 Accident Compensation Amendment Act 2010 Section 217(4A) inserted 1 July 2003 section 8(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 217(6) added 1 July 2003 section 8(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Earners' Account
218: Application and source of funds
1: In this section, unless the context otherwise requires, non-work injury
a: a work-related personal injury; or
b: a work injury within the meaning of the Accident Rehabilitation and Compensation Insurance Act 1992; or
c: a motor vehicle injury; or
d: a treatment injury.
2: The purpose of the Earners' Account is to finance entitlements provided under this Act in respect of personal injury to earners who suffer personal injury that is a non-work injury.
3: The funds for the Earners' Account are to be derived from—
a: levies payable under section 219 Part 11
b:
c: levies payable by persons under section 223
d: payments made to the Corporation in respect of obligations for non-work injury taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to accident insurance contracts for self-employed persons.
4: The funds in the Earners' Account must be applied to meet the costs of—
a: entitlements in respect of earners who have cover for personal injury that is a non-work injury; and
b: entitlements required to be funded in accordance with section 228 the Treatment Injury Account
c: weekly compensation required to be provided to a person covered by section 223
d: entitlements that are required to be provided in accordance with Part 11
e: entitlements in respect of obligations for non-work injury taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000 in relation to accident insurance contracts for self-employed persons; and
ea: claims that would have been provided from the Earners' Account under the Accident Rehabilitation and Compensation Insurance Act 1992
f: administering the Account; and
g: any other expenditure authorised by this Act.
5: Regulations made under this Act may prescribe, in relation to a prescribed period, a portion of the levies to provide for or, to the extent that it is necessary, to provide separately for,—
a: the purposes of subsection (4)(a) to (e), (f), and (g):
b: the purposes of subsection (4)(ea), (f), and (g) 1998 No 114 s 282 Section 218(1)(d) substituted 1 July 2005 section 37 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 218(3)(b) repealed 3 March 2010 section 28(1) Accident Compensation Amendment Act 2010 Section 218(4)(b) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 218(4)(ea) inserted 3 March 2010 section 28(2) Accident Compensation Amendment Act 2010 Section 218(5) substituted 3 March 2010 section 28(3) Accident Compensation Amendment Act 2010 Section 218(5)(b) amended 26 September 2015 section 336C(2)(a)
219: Earners to pay levies
1: An earner must pay, in accordance with this Act and regulations made under it, levies to fund the Earners' Account.
2:
3: A levy must relate to a prescribed period. 1998 No 114 s 283 Section 219(2) repealed 3 March 2010 section 29 Accident Compensation Amendment Act 2010
220: Rate of levies
1: Levies must be paid under section 219
2: 1998 No 114 s 284 Section 220(2) repealed 3 March 2010 section 30 Accident Compensation Amendment Act 2010
220A: Basis on which funds to be calculated
Section 220A repealed 26 September 2015 section 336C(2)(b)
221: Collection of levies by deduction from employee earnings
1: For the purpose of enabling the collection of the levies section 219
a: when an employer or a PAYE intermediary for an employer or person
b: when a private domestic worker receives earnings that are earned in that person's capacity as a private domestic worker, the private domestic worker must, at the time of receiving that payment, make a deduction in accordance with this section from that amount on account of the levy payable.
2: Schedule 4
3: In this section, PAYE intermediary section YA 1 Section 221(1) amended 3 March 2010 section 32 Accident Compensation Amendment Act 2010 Section 221(1)(a) amended 26 March 2003 section 167(1)(a) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 221(1)(a) amended 26 March 2003 section 167(1)(b) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 221(3) added 26 March 2003 section 167(2) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 221(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
222: Payment of Earners' Account levy
1: A self-employed person must pay the levies payable under section 219
2: Schedule 4 Section 222 heading amended 3 March 2010 section 33 Accident Compensation Amendment Act 2010 Purchase of weekly compensation for periods outside employment
223: Persons eligible to purchase weekly compensation
1: A person who is or has been an earner and is a person described in subsection (2) may apply to purchase from the Corporation the right to receive weekly compensation in respect of a period for which the person would not otherwise be entitled to receive weekly compensation.
2: The application may be made only by a person who—
a: makes the application while still in employment or within 1 month after ceasing employment; and
b: pays the levy when required to do so.
3: The application must specify—
a: the date on which the right to receive weekly compensation will start, which may be the date on which the application is made or any later date; and
b: the period for which the application is applicable, which may not be
c: an amount that is to be regarded as the earnings of the person for the purpose of the application, which may not exceed the weekly earnings of the person calculated under Schedule 1
i: the person were in permanent
ii: the person had an incapacity that commenced on the last full day of the employment referred to in subsection (2)(a) and that resulted from a personal injury for which he or she had cover; and
iia: the weekly earnings were to be calculated for a period of incapacity after the first 5 weeks of incapacity; and
iii: the person would have continued to derive earnings from that employment but for that incapacity.
4: The application has no effect in respect of any personal injury suffered before the application is made.
5: A person who has cover under this section for any period is entitled to renew his or her cover if he or she does not return to work before that cover period expires.
6: A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987
7: A person who is within a payment period under the Compensation for Live Organ Donors Act 2016 1998 No 114 s 286 Section 223(2) substituted 1 July 2005 section 38 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 223(3)(b) amended 1 August 2008 section 24(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 223(3)(c)(i) amended 1 July 2010 section 34 Accident Compensation Amendment Act 2010 Section 223(3)(c)(ii) substituted 1 August 2008 section 24(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 223(3)(c)(iia) inserted 1 August 2008 section 24(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 223(6) substituted 1 August 2008 section 24(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 223(7) inserted 5 December 2017 section 30 Compensation for Live Organ Donors Act 2016
224: Compensation for persons who purchase weekly compensation
1: A person who has purchased the right to receive weekly compensation under section 223 Part 4 Parts 2 4
a: suffers incapacity resulting from personal injury during the period for which the right to receive weekly compensation is applicable; and
b: has cover in relation to the personal injury under Part 2
2: Weekly compensation for loss of potential earning capacity under this section is payable for not more than 5 years after the date on which incapacity first commenced.
3: Subsection (1) is subject to section 226 1998 No 114 s 287
225: Levies for persons who purchase weekly compensation
1: Levies collected under section 223(2)
2: The levy payable may be prescribed in regulations made under this Act and must be assessed by the Corporation in any case where no levy is so prescribed.
3: Levies are to be prescribed or assessed with the aim of their being sufficient to fully fund the costs arising from the rights purchased under section 223 1998 No 114 s 288
226: Resumption of employment by persons who purchased weekly compensation
1: This section applies where a person who has purchased the right to receive weekly compensation under section 223
2: The person may terminate the right to receive weekly compensation early, on application to the Corporation, in which case the person is entitled to receive a refund of the levy paid in respect of the period between the date of the application and the date on which the right would otherwise terminate (so long as that period is greater than 3 months).
3: If no application to terminate the right to receive weekly compensation is made, the right is converted into a right to receive a top-up from the Corporation if the person becomes entitled to weekly compensation.
4: The amount of the top-up is the amount (if any) by which the weekly compensation payable to the person calculated as if no right to receive weekly compensation had been purchased is less than the amount that would have been payable under the right if the person had not resumed employment. 1998 No 114 s 289 Non-Earners' Account
227: Application and source of funds
1: The purpose of the Non-Earners' Account is to finance entitlements provided under this Act in respect of personal injury (other than motor vehicle injury or treatment
2: The funds for the Non-Earners' Account are to be derived from appropriations by Parliament to the Non-Earners' Account.
3: The funds in the Non-Earners' Account must be applied to meet the costs of—
a: entitlements in respect of non-earners who have cover for personal injury (other than motor vehicle injury or treatment
b: entitlements in respect of employees of foreign representatives who suffer work-related personal injury in their employment with that foreign representative; and
c: entitlements required to be funded in accordance with section 228(2)(b)
d: entitlements that are required to be provided in accordance with Part 11 Accident Insurance Act 1998
e: administering the Account; and
f: any other expenditure authorised by this Act.
4: The Minister may direct the Corporation to repay to the Crown any surplus funds held in the Non-Earners' Account.
5: This section is not limited by any provision in the Crown Entities Act 2004 1998 No 114 s 290 Section 227(1) amended 1 July 2005 section 39 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 227(3)(a) amended 1 July 2005 section 39 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 227(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 227(5) added 25 January 2005 section 200 Crown Entities Act 2004 Treatment Injury Account Heading substituted 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
228: Application and source of funds
1: The purpose of the Treatment Injury Account
a: treatment injury (other than the excluded kind of injury specified in subsection (3)); or
b: personal injury caused by medical misadventure for which cover was accepted before 1 July 2005 or is accepted in accordance with section 34
2: The funds for the Treatment Injury Account
a: any levies payable by registered health professionals or any organisation that provides treatment under this Act, or a prescribed class of such persons or organisations; and
b: if there is no such levy or the levy relates only to funding part of the Account, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner); and
c: in the case of injuries suffered before the prescribed date from which levies become payable, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner).
3: The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury.
4: The funds in the Treatment Injury Account
a: entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3)); and
b: administering the Account; and
c: any other expenditure authorised by this Act. 1998 No 114 s 296 Section 228(1) substituted 1 July 2005 section 40(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 228(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 228(2) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 228(3) substituted 1 July 2005 section 40(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 228(4) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 228(4)(a) substituted 1 July 2005 section 40(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
229: Levy categories and rates
1: For the purposes of this section, regulations made under this Act may—
a: prescribe levies in relation to treatment injury:
b: prescribe classes of persons or organisations who are liable to pay levies under this section:
c: define those classes according to the profession concerned, the nature of the employment of the professional, any areas of specialisation, any areas in which the person does not practise, or on any other basis specified in the regulations.
2: Levies are payable by such persons or classes of persons or organisations as may be specified for the purpose by regulations made under this Act, and those levies are payable at a rate or rates prescribed by the regulations.
3: If levies are so payable, the levies must be calculated so that the cost of all claims (of the type covered by the levy) under the Treatment Injury Account section 103
4: Claims referred to in subsection (3) do not include treatment
5: A levy must relate to a prescribed period. 1998 No 114 s 297 Section 229(1)(a) substituted 1 July 2005 section 41(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 229(3) amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 229(3) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 229(4) amended 1 July 2005 section 41(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
230: Collection of levies
1: Levies payable in respect of the Treatment Injury Account
2: Any person who receives any payment of a treatment injury 1998 No 114 s 298 Section 230(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 230(2) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 General levy provisions
231: Mixed earnings as employee and self-employed person
1: This section applies to persons who, in a tax year
2: If such a person's earnings as an employee for the tax year tax year
3: If the person's earnings as an employee for the tax year
a: the specified maximum for the earner levy reduced by the person's earnings as an employee for the tax year
b: the person's earnings as a self-employed person for the tax year
4:
5: SR 1999/196 rr 12–13 Section 231(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 231(2) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 231(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 231(3)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 231(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 231(4) repealed 3 March 2010 section 35 Accident Compensation Amendment Act 2010 Section 231(5) repealed 3 March 2010 section 35 Accident Compensation Amendment Act 2010
232: Work Account levy
1: This section applies to every employer who disposes of or otherwise ceases carrying on a business in respect of which the employer is liable to pay a Work Account levy
2: An employer must comply with subsection (3) by the 15th day of the second month after the month in which the employer disposes of or ceases carrying on the business or continues the business as a self-employed person without employing any other person.
3: An employer must—
a: notify the Corporation of the date of disposal or cessation of the business or of continuing the business as a self-employed person without employing any other person; and
b: provide the Corporation with a statement of the relevant employee earnings for that part of the last tax year
4: As soon as practicable after receipt of information regarding an employer's relevant employee earnings for the last tax year Work Account levy tax year section 173(2) SR 1999/196 r 19 Section 232 heading amended 3 March 2010 section 36(1) Accident Compensation Amendment Act 2010 Section 232 heading amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 232(1) amended 3 March 2010 section 36(2) Accident Compensation Amendment Act 2010 Section 232(1) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 232(2) substituted 3 March 2010 section 36(3) Accident Compensation Amendment Act 2010 Section 232(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 232(4) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 232(4) amended 1 April 2005 section YA 2 Income Tax Act 2004
233: Levies payable to Corporation by self-employed person who ceases to derive earnings as such
1: Every self-employed person who, during a tax year, ceases to derive earnings as a self-employed person must—
a: deliver to the Commissioner a statement of the person's earnings as a self-employed person for the tax year concerned, within the applicable time within which a return for that tax year is required to be furnished to the Commissioner under the Tax Administration Act 1994
b: pay to the Corporation, on or before the due date,—
i: the Work Account levy, at the rate prescribed, to the extent that it applied to the person's earnings as a self-employed person in that tax year; and
ii: the earner levy, at the rate prescribed, to the extent that it applied to the person's earnings as a self-employed person in that tax year.
2: The provisions of this section (other than subsection (1)(b)(ii)) and sections 239 329(1)(b) Section 233 substituted 3 March 2010 section 37 Accident Compensation Amendment Act 2010
234: Levies may be collected by instalments
1: The Corporation may collect any levy by instalments if the person liable to pay the levy agrees.
2: The Corporation may charge a reasonable fee to recover its costs of collecting any levy by instalments.
3: A fee charged under subsection (2) forms part of the associated levy for collection purposes.
235: Collection of levies from self-employed and employers
Section 235 repealed 3 March 2010 section 38 Accident Compensation Amendment Act 2010
236: Challenges to levies
1: Any person who is dissatisfied with any decision of the Corporation in respect of any levy paid or payable or claimed to be payable under this Part by that person may seek a review by the Corporation of that decision within 3 months after the person is notified of the decision.
2: However, no right of review exists under this Act in respect of the calculation for the purposes of the Income Tax Act 2007 or in respect of the levy payable under section 213(2)(c)
3: The entitlements that have been given or are to be given to any person under this Act may not be challenged in any review under subsection (1).
4: A review brought under subsection (1) must be dealt with by the Corporation under Part 5 1998 No 114 s 310 Section 236(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 236(2) amended 1 July 2003 section 9 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
237: Corporation may revise decisions
1: If the Corporation considers it made a decision in error about levies payable by a person, it may, subject to section 243(3)
2: A revision may—
a: amend the original decision; or
b: revoke the original decision and substitute a new decision.
3: An amendment to a decision, and a substituted decision, is a fresh decision. 1998 No 114 s 311
238: Effect of review or appeal about levy
No obligation to pay any levy, and no right to receive or recover any levy, is suspended because—
a: an applicant has made a review application relating to the levy in accordance with section 236
b: an appellant has filed a notice of appeal relating to the levy in accordance with section 236(4)
c: any person has challenged the amount of levy, or the obligation to pay it, in any other proceedings. 1998 No 114 s 312
239: Corporation to define risk classification and decide levy if activity not classified by regulations
1: This section applies if none of the classifications of industry or risk defined by the regulations made for the purposes of section 170
2: When this section applies,—
a: the Corporation may define a classification of industry or risk that it considers is appropriate in relation to that employer or self-employed person and decide the levy for that classification of industry or risk; and
b: that classification of industry or risk applies to all employers or self-employed persons involved in that activity who are not covered by a classification defined by the regulations; and
c: that classification of industry or risk has effect as if it were defined by the regulations; and
d: the Corporation must recommend to the Minister whether or not the classification of industry or risk should be incorporated in the relevant regulations when those regulations are next amended. Section 239(1) amended 3 March 2010 section 39 Accident Compensation Amendment Act 2010
240: Determinations
For the purposes of this Part, the Corporation may determine—
a: whether any income derived by a person is earnings as an employee or earnings as a self-employed person; and
b: whether a person is an employer, an employee, or a self-employed person, or any category of employer, employee, or self-employed person; and
c: such other related matters as it considers necessary or relevant for the purpose of assessing the amount of any levy payable. SR 1996/196 r 23
241: Statements
1: An employer and an earner must provide such statements of earnings or estimates of earnings as the Corporation may require.
2: Statements required under subsection (1) must be in such form and contain such particulars as the Corporation may determine.
3: The Corporation may require any person who provides a statement under subsection (1) to provide further information, and the person must comply with the requirement. SR 1999/196 r 24
242: Failure to provide statement
1: A person who is required to deliver any statement, document, or other information under section 241 on conviction section 315
2: Subsection (1) does not apply where a statement, document, or other information is to be provided to the Commissioner as an agent of the Corporation. SR 1999/196 r 27 Section 242(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
243: Power to assess levies
1: The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—
a: an accurate statement of the matters required to be stated in relation to earnings under this Act or regulations made under this Act has not been made; or
b: the Corporation is not satisfied with the statement; or
c: the Corporation is not satisfied that the proper levy has been paid.
2: Subject to subsection (3), the Corporation may at any time alter or add to the determination made under subsection (1) if such action is necessary to ensure its correctness.
3: If a statement has been delivered in respect of any period and a levy has been paid in respect of that period, the Corporation has no power to make a determination (if a determination has not been made), or alter a determination (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year
4: The Corporation must give written notice of the determination or alteration of the determination under this section to the person or persons to whom it applies and that person or persons are liable to pay the determined or altered levy, and any specified penalty, on the date specified in the notice of decision. 1998 No 114 s 314 Section 243(3) amended 1 April 2005 section YA 2 Income Tax Act 2004
244: Amounts of levy exempt from payment
1: This section applies if—
a: an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more different types of levy; and
b: the amount invoiced for the purpose of this Act does not exceed the relevant exempt amount set by regulations made under this Act for the purpose of this section.
2: If this section applies,—
a: no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act; and
b: no person is liable to pay any penalties under this Act in respect of non-payment of the levy or levies. Section 244 substituted 1 April 2006 section 44 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
245: Agent to whom levies may be paid
1: If the Corporation so requires, a person must pay levies (or any part of any levy) payable under this Act to the Commissioner as agent for the Corporation.
2: The Commissioner must, after deducting any agreed collection fee, pay the balance of levies to the Corporation not later than the end of the month following the month in which those levies are received.
3: The Commissioner must, after deducting any agreed collection fee, pay to the Corporation, at intervals agreed between the Commissioner and the Corporation, penalties payable in respect of combined tax and earner levy deductions as is estimated by the Commissioner to be attributable to earner levy deductions.
4: If the Commissioner is acting as agent for the Corporation under this section, the provisions of the Tax Administration Act 1994
a: this Act were one of the Inland Revenue Acts and the levy were a tax or duty under one of the Inland Revenue Acts; and
b: every offence under the Tax Administration Act 1994 were an offence against this Act.
5: This section does not prevent the Corporation from using any other agent for the purposes of levy collection. 1998 No 114 s 316
246: Information available to Corporation
1: The purpose of this section is to enable the Corporation to establish liability for levies under this Part effectively in relation to employers, self-employed persons, and private domestic workers, and to shareholder-employees to whom section RD 3B RD 3C
2: The Corporation may, for the purposes of this section, from time to time request the Commissioner to provide a list of all those employers, self-employed persons, private domestic workers, and shareholder-employees, or of any category of those employers, self-employed persons, private domestic workers, and shareholder-employees as the Corporation may specify.
3: The list is to include the names of the employers, self-employed persons, and private domestic workers, and shareholder-employees to whom section RD 3B RD 3C
4: The Corporation may request the Commissioner to provide any information relating to an employer's, self-employed person's, or private domestic worker's industry classification and the total amount paid by an employer or a private domestic worker as earnings as an employee, or as earnings as a shareholder-employee to whom section RD 3B RD 3C
4A: The Corporation may also request the Commissioner to provide any of the following information:
a: whether an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3B RD 3C
b: for an employer, self-employed person, private domestic worker, or shareholder-employee to whom section RD 3B RD 3C
i: the individual's date of death; and
ii: the name and contact details of the administrator or executor of the individual's estate.
4B: In this section, tax agent section 3
5: The Commissioner, as agent for the Corporation, is authorised to comply with requests made under this section.
6: Any information provided by the Commissioner under this section must be provided under an agreement between the chief executive of the Corporation and the Commissioner.
7: If a determination of a levy payable to the Corporation is based on information received from the Commissioner under this section, and the notice of the determination given to the individual concerned specifies the particular information received from the Commissioner, and that notice advises the individual of a right to show why that information should not be used as the Corporation is using it in the determination, then that notice satisfies the requirements of section 181
8: On or after 1 December 2020, no information may be requested or provided under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 1998 No 114 s 281G Section 246(1) amended 29 March 2018 section 410(a) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 246(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 246(3) amended 29 March 2018 section 410(b) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 246(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 246(4) amended 29 March 2018 section 410(c) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 246(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 246(4A) inserted 3 March 2010 section 40 Accident Compensation Amendment Act 2010 Section 246(4A)(a) amended 29 March 2018 section 410(d) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 246(4A)(b) amended 29 March 2018 section 410(e) Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 246(4B) inserted 3 March 2010 section 40 Accident Compensation Amendment Act 2010 Section 246(7) amended 1 December 2020 section 217 Privacy Act 2020 Section 246(8) inserted 1 December 2020 section 190 Privacy Act 2020
247: Change of balance date
If any person (with the consent of the Commissioner) changes the date of the annual balance of the person's accounts for the purposes of the Tax Administration Act 1994
a: the person must comply with such requirements from time to time notified by the Corporation concerning the delivery of statements as, in the opinion of the Corporation, are necessary in order for the Corporation to make consequential adjustments in relation to the person; and
b: the Corporation must notify the person in writing of any consequential adjustments made. SR 1996/196 r 26 General administration
248: Recovery of debts by Corporation
1: The following are a debt due to the Corporation:
a: a sum (an overpayment
i: a sum paid to a person that is in excess of the amount to which the person is entitled under this Act or that was payable under a former Act; or
ii: a sum paid to a person who has no entitlement to it under this Act:
b: an amount of levy payable under this Act, or a premium or levy payable under a former Act, that remains unpaid after payment is due:
c: any penalty or interest payable under this Act or any former Act:
d: any fee charged under section 234(2)
e: any amount payable to the Corporation and received by another person as an agent of the Corporation.
2: The Corporation may—
a: recover the debt by way of proceedings; or
b: deduct all or part of the debt from any amount payable to that person by the Corporation (whether or not in respect of any or the same personal injury).
3: This section is subject to section 251 1998 No 114 s 320
249: Penalties due to Corporation in respect of overpayments
1: The following penalties are payable to the Corporation by a person who receives an overpayment from the Corporation:
a: a penalty of 10% of an overpayment if the overpayment is made as a result of a failure by the person to inform the Corporation of any matter that the person ought to have known was relevant to the payment:
b: a penalty of up to 3 times the overpayment if the overpayment is made as a result of an incorrect statement knowingly made by the person on any matter relevant to the payment for the purpose of receiving a payment to which the person was not entitled.
2: The liability to pay the penalty is in addition to the liability to repay the overpayment. 1998 No 114 s 321
250: Penalties and interest due to Corporation in respect of unpaid levies
1: This section applies if any levy payable under this Act or any former Act is unpaid on the day
2: The due date for payment may not be less than 30 days
3: A person who owes such a levy to the Corporation is liable to pay to the Corporation interest assessed at the rate and applied by the method (if any) prescribed by regulations made under this Act, which is payable on—
a: any unpaid levy; and
b: any unpaid instalment payment in respect of any levy; and
c: any unpaid interest that has been charged already.
4: If the total amount referred to in subsection (3)(a) to (c) has not been paid within 210 days after the due date every 180 days 210-day period
5: The Corporation must give a person to whom subsection (4) applies at least 15 days' notice of—
a: the total amount referred to in subsection (3)(a) to (c); and
b: the rate of penalty; and
c: the date on and from which the penalty is to be applied.
6: A person to whom this section applies is not liable to pay interest and penalties under this section more than an amount equal to 3 times the amount of the unpaid levy or overdue instalment debt.
7: This section does not apply to a levy payable to the Commissioner.
8: The liability to pay the penalty and interest is in addition to a liability to pay the levy.
9: This section does not limit section 217
10: References in this section to a levy under a former Act include a premium under a former Act. 1998 No 114 s 322 Section 250(1) amended 1 July 2023 section 13 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 250(2) amended 1 August 2008 section 25(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 250(4) amended 1 August 2008 section 25(3)(a) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 250(4) amended 1 August 2008 section 25(3)(b) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 250(4) amended 1 August 2008 section 25(3)(c) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Recovery of payments
251: Recovery of payments
1: If a person receives a payment from the Corporation in good faith, the Corporation may not recover all or part of the payment on the ground only that the decision under which the payment was made has been revised on medical grounds under section 65
2: The Corporation may not recover any part of a payment in respect of entitlements that was paid as a result of an error not intentionally contributed to by the recipient if the recipient—
a: received the payment in good faith; and
b: has so altered his or her position in reliance on the validity of the payment that it would be inequitable to require repayment.
3: The Corporation may not recover payments to which section 65(2) 1998 No 114 s 372 Relationship with social security benefits
252: Relationship with social security benefits: reimbursement by Corporation
1: This section applies if a person—
a: receives a payment of a specified benefit as defined in section 198(3)
b: establishes a claim to an entitlement from the Corporation in respect of all or part of the same period.
2: An excess benefit payment is regarded as having been paid in respect of that entitlement.
3: An excess benefit payment is the part of the benefit payment (up to the amount of the entitlement) that is in excess of the amount of benefit properly payable, having regard to the entitlement under this Act.
4: The Corporation must refund the excess benefit payment to the department responsible for the administration of the Social Security Act 2018
a: if the Corporation knows that this section applies; or
b: if requested to do so by that department.
5: For the purposes of this section, an excess benefit payment includes a payment of any part of a couple or partner
6: Any amount that is treated under this section as having been paid in respect of any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is deemed for all purposes to have been so paid. 1998 No 114 s 373 Section 252(1)(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 252(4) amended 26 November 2018 section 459 Social Security Act 2018 Section 252(5) amended 15 July 2013 section 65(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 252(5) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
253: Relationship with social security benefits: reimbursement to Corporation
1: This section applies if a person—
a: receives a payment from the Corporation in respect of an entitlement that is subsequently determined to have been incorrectly paid under this Act (including a payment under section 131
b: establishes a claim to a specified benefit as defined in section 198(3)
2: The payment from the Corporation that has been incorrectly paid (up to the amount of benefit payable during that period) is regarded as having been paid in respect of that benefit.
3: The department responsible for the administration of the Social Security Act 2018
a: if that department knows that this section applies; or
b: if requested to do so by the Corporation.
4: The rest of the payment is a debt due to the Corporation from the person to whom the payment was made, which may be recovered by the Corporation in accordance with this Act. 1998 No 114 s 374 Section 253(1)(b) amended 26 November 2018 section 459 Social Security Act 2018 Section 253(3) amended 26 November 2018 section 459 Social Security Act 2018 Limitation period and other matters
254: Limitation period
1: Despite any other enactment, an action or remedy for the recovery of any levy, penalty, or interest by the Corporation may be taken until the expiry of 10 years beginning on the close of the date on which the levy, penalty, or interest became payable.
2: This section also applies to a levy or penalty payable under any of the former Acts by virtue of this Act. 1998 No 114 s 323
255: Refunds payable by Corporation
1: If the Corporation is satisfied that a levy payable under this Act has been paid in excess of the amount properly payable, the Corporation must—
a: refund the amount paid in excess; or
b: credit any amount so paid in excess on account against the amount of any other levy or other amount that may for the time being be due and payable by the person by whom the payment in excess was made, and notify the person accordingly.
1A: Levies paid under section 213(2)(c)
2: The Corporation may refrain from making a refund under subsection (1)(a), or notifying the crediting of an amount under subsection (1)(b) or making a refund under subsection (1A)
3: No amount collected under this Act by the Commissioner may be refunded or credited under this section after the expiration of the period of 8 years immediately after the end of the year in which the relevant levy was payable. SR 1999/196 r 25 Section 255(1A) inserted 1 July 2003 section 11(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 255(2) amended 1 July 2003 section 11(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
256: Application of payments
If a person who makes a payment to the Corporation does not identify the Account or levy to which the payment is to be applied, the Corporation—
a: may apply the payment to such Account or levy that the Corporation sees fit; and
b: must notify the person accordingly. SR 1999/196 r 22(2)
257: Application of sections 248, 249, and 254 to third parties
Sections 248 249 254 1998 No 114 s 325
258: Production of documents
1: The production of any document under the seal of the Corporation, or under the hand of any person authorised for the purpose by the Corporation or an agent of the Corporation, purporting to be a copy of or extract from any statement relating to earnings or from any assessment or amended assessment of levies under this Part, is in all courts and all proceedings (including reviews or appeals conducted under this Act) sufficient evidence of the original, and the production of the original is not necessary.
2: All courts and persons conducting reviews or appeals under this Act must, in all proceedings, take judicial notice of the seal of the Corporation, and of the signature of any officer or agent of the Corporation duly authorised for the purpose, either to the original or to any such copy or extract. 1998 No 114 s 326
7: Accident Compensation Corporation
The Corporation
259: Accident Compensation Corporation
1: The Accident Compensation Corporation established by the Accident Insurance Act 1998 is continued.
2: The Corporation is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The Corporation is a local authority for the purposes of section 73
5: The Corporation is exempt from income tax. 1998 No 114 s 328 Section 259(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 259(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 259(4) substituted 25 January 2005 section 200 Crown Entities Act 2004
260: Powers of Corporation
Section 260 repealed 25 January 2005 section 200 Crown Entities Act 2004
261: Relationship between Corporation and subsidiaries
Except as otherwise specified in this Act or as required by virtue of any delegation to a Crown entity subsidiary of the Corporation Crown entity subsidiary 1998 No 114 s 330 Section 261 amended 25 January 2005 section 200 Crown Entities Act 2004
262: Functions of Corporation
1: The functions of the Corporation are to—
a: carry out the duties referred to in section 165
b: promote measures to reduce the incidence and severity of personal injury in accordance with section 263
ba: monitor access to the accident compensation scheme by Māori and identified population groups to identify how to improve delivery of services under this Act to injured Māori and injured persons in those population groups; and
c: manage assets, liabilities, and risks in relation to the Accounts, including risk management by means of reinsurance or other means; and
d: carry out such other functions as are conferred on it by this Act, or are ancillary to and consistent with those functions.
2: To avoid doubt, it is not a function of the Corporation or any Crown entity section 263 section 265
3: In carrying out its functions, the Corporation must deliver services to claimants and levy payers, as required by this Act,—
a: in order to minimise the overall incidence and costs to the community of personal injury, while ensuring fair rehabilitation and compensation for loss from personal injury; and
b: in a manner that is cost-effective and promotes administrative efficiency.
4: To assist the Corporation in the effective and fair delivery of services, the Corporation may provide resources to assist those organisations providing advocacy services for ACC claimants. 1998 No 114 s 331 Section 262(1)(ba) inserted 7 June 2023 section 6 Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023 Section 262(2) amended 25 January 2005 section 200 Crown Entities Act 2004
263: Prevention of personal injury
1: A primary function of the Corporation is to promote measures to reduce the incidence and severity of personal injury, including measures that—
a: create supportive environments that reduce the incidence and severity of personal injury; and
b: strengthen community action to prevent personal injury; and
c: encourage the development of personal skills that prevent personal injury.
2: Without limiting subsection (1), such measures may include research, the provision of information or advice, the publication and dissemination of literature and information, campaigns, exhibitions, courses, and the promotion of safety management practices.
3: The Corporation must undertake or fund such measures only if—
a: satisfied that such measures are likely to result in a cost-effective reduction in actual or projected levy rates set under Part 6
b: Parliament has appropriated money for such measures and they are included in the current service agreement under section 271
c: money is available for such measures from any other source (such as a joint venture or sponsorship); or
d: any combination of any of paragraphs (a) to (c) applies.
4: The Corporation may, in its discretion, conduct, participate in, commission, or subsidise research into the reduction of the incidence and severity of accidents and other causes of personal injury that is directed at reducing the cost of compensation and rehabilitation provided under this Act.
5: The Corporation must ensure that any measures undertaken or funded in accordance with this section—
a: are co-ordinated with similar activities of other government agencies to contribute to the overall injury prevention objectives in an efficient and effective way; and
b: to the extent that the measures will be funded from the Work Account, take account of the Health and Safety at Work Strategy published under section 195 1998 No 114 s 332 Section 263(5) replaced 4 April 2016 section 12 Accident Compensation Amendment Act 2015
264: Money expended or received for injury prevention to be managed through Accounts
All money received by the Corporation for injury prevention purposes under section 263(3)(b) and (c) section 166
264A: Workplace injury prevention action plan
1: The Corporation and WorkSafe must at all times have a workplace injury prevention action plan.
2: The Corporation and WorkSafe—
a: may amend the workplace injury prevention action plan at any time; and
b: must review the workplace injury prevention action plan at least once every 3 years.
3: The workplace injury prevention action plan must—
a: outline all workplace injury prevention programmes that will be undertaken by WorkSafe and the Corporation (jointly or separately) in the period to which the plan relates; and
b: state how those programmes are to be funded; and
c: if funding from one agency is to be used to fund programmes undertaken by the other agency, state the amount of that funding; and
d: in relation to programmes, or aspects of programmes, to be undertaken by WorkSafe, be consistent with the Health and Safety at Work Strategy published under section 195
e: in relation to programmes, or aspects of programmes, to be undertaken by the Corporation, be consistent with the Corporation's priorities for injury prevention measures relating to the Work Account.
4: The Corporation and WorkSafe must, to the extent practicable, ensure that—
a: the workplace injury prevention action plan outlines a coherent scheme of workplace injury prevention programmes that do not involve the duplication of activities carried out by the Corporation and WorkSafe; and
b: workplace injury prevention programmes are undertaken by the agency that is best suited to undertake them; and
c: programmes outlined in the workplace injury prevention action plan complement the agencies' other activities, such as enforcement and education activities. Section 264A inserted 4 July 2016 section 13 Accident Compensation Amendment Act 2015
264B: Injury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
1: This section applies to injury prevention measures that are—
a: jointly undertaken by the Corporation and WorkSafe; or
b: undertaken by WorkSafe and partly or wholly funded by the Corporation.
2: Before measures to which this section applies commence, the Corporation and WorkSafe must enter into 1 or more written agreements that specify—
a: how the measures—
i: are likely to result in a cost-effective reduction in actual or projected levy rates in the Work Account; and
ii: are consistent with the Health and Safety at Work Strategy published under section 195
iii: are consistent with the Corporation's priorities for injury prevention measures relating to the Work Account; and
b: the amount of funding to be provided by the Corporation and by WorkSafe; and
c: how and when that funding will be provided; and
d: how the measures will be evaluated, including the key performance indicators to be used and the expected outcomes; and
e: any requirements for reporting between the agencies.
3: If funding for injury prevention measures undertaken by WorkSafe is to be provided by the Corporation, the agreement may also provide that the Corporation may cease providing funding if it is satisfied that—
a: key performance indicators are not being met; or
b: expected outcomes are not being achieved. Section 264B inserted 4 July 2016 section 13 Accident Compensation Amendment Act 2015
265: Ancillary powers of Corporation
1: In addition to services required to be provided under this Act, the Corporation may provide services under subsection (2) or (4)—
a: that are outside the functions of the Corporation under section 262
b: whether or not the services are provided to a person who would not otherwise have cover under this Act.
2: The Corporation may provide services on a commercial basis, but only if—
a: the service is provided by a Crown entity subsidiary of the Corporation; and
b: the provision of the service is a viable commercial proposition for the Crown entity subsidiary; and
c: the service being provided is one that is consistent with the role and functions of the Corporation under this Act; and
d: any decision to provide the service, and the provision of the service, is consistent with any relevant policy direction given by the Minister under section 103
3: Subsection (2) applies despite section 97(a)
4: The Corporation may provide government services or payments funded by an appropriation by Parliament, other than on a commercial basis, but only if—
a: the service being provided is one that is consistent with the role and functions of the Corporation under this Act; and
b: any decision to provide the service, and the provision of the service, is consistent with any relevant policy direction given by the Minister under section 103
5: All money received by the Corporation from an appropriation by Parliament for the purposes of subsection (4), and the expenditure of that money, must be allocated and managed through the Accounts if it is reasonable and practicable to do so; but otherwise it must be applied, accounted for, and reported on separately from the Accounts. Section 265 substituted 3 March 2010 section 41 Accident Compensation Amendment Act 2010
266: Provisions relating to
Crown entity
1: A Crown entity subsidiary
2: The principal objective of a Crown entity subsidiary
a: as profitable and efficient as any comparable business not owned by the Crown; and
b:
3: A Crown entity subsidiary of the Corporation—
a: is a Crown entity for the purposes of the Crown Entities Act 2004
b: is not a local authority for the purposes of section 73
c: is not exempt from income tax.
4: The returns generated by the activities of any Crown entity subsidiary section 272 section 103 1998 No 114 s 334(1)–(4) Section 266 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 266(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 266(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 266(2)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 266(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 266(4) amended 25 January 2005 section 200 Crown Entities Act 2004
267: Board of Corporation
1: The Board of the Corporation consists of not more than 9 appointed by the Minister under section 28(1)(a)
2: A person is not interested in a matter for the purposes of section 62(2)
3:
4:
5: The members of the Board of the Corporation who held office immediately before the commencement of this section hold office under this section for the remainder of the terms for which they were appointed as members of the Board under the Accident Insurance Act 1998.
6: The Chairperson and Deputy Chairperson of the Corporation are the persons who held those positions under the Accident Insurance Act 1998 immediately before the commencement of this section. 1998 No 114 s 336 Section 267(1) amended 30 October 2022 section 14 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 267(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 267(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 267(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 267(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
268: Protection of names
Accident Compensation Corporation Accident Rehabilitation and Compensation Insurance Corporation
1: No company or other body may be incorporated or registered under a name that contains the words Accident Compensation Corporation Accident Rehabilitation and Compensation Insurance Corporation section 2
2: This section does not apply to the Corporation or to any person who is authorised by the Corporation. 1998 No 114 s 337(1), (2) Provisions relating to accountability of Corporation
269: Further provisions applying to Corporation
The provisions set out in Schedule 5 Crown entity 1998 No 114 s 338 Section 269 amended 25 January 2005 section 200 Crown Entities Act 2004
270: Corporation to comply with Government policy
Section 270 repealed 25 January 2005 section 200 Crown Entities Act 2004
271: Service agreements between Corporation and Minister
1: In this section, year
2: Once a year, the Minister must require the Corporation to enter into with the Minister a service agreement concerning the quality and quantity of services to be purchased or provided by the Corporation (including services delivered through any Crown entity
3: A service agreement entered into under this section must—
a: revoke any existing service agreement; and
b: be signed by the Minister and the Corporation no later than 30 June in the year before the first year to which it relates; and
c: relate, at least, to the year after the year in which it is signed
3A: A service agreement entered into under this section must—
a: contain the information that is required in a statement of performance expectations under section 149E(1) and (2)
b: comply with generally accepted accounting practice (as defined in section 2(1)
c: set out—
i: assumptions to be relied on by the Corporation in relation to assessing the cost of capital:
ii: matters relating to the provision of services by the Corporation (including provision through its Crown entity subsidiaries on a commercial basis), including pricing information, forecasts of revenue and expenditure, and how the revenue and expenditure will be allocated among the Accounts:
iii: the Corporation's functions and duties in relation to the management of each Account:
iv: procedures, conditions, restrictions, or other provisions to be complied with by the Corporation in the performance of functions or duties in relation to the management of each Account:
v: the Corporation's investment statement, being a statement of policies, standards, and procedures that must include a statement relating to ethical investment for avoiding prejudice to New Zealand's reputation as a responsible member of the world community; and
d: be published, as soon as practicable after it is signed in accordance with subsection (3), on an Internet site maintained by or on behalf of the Corporation.
4: A service agreement entered into under this section may set out—
a: desired outcomes and objectives in relation to the performance and exercise of the functions, duties, and powers of the Corporation:
b: injury prevention programmes that the Corporation intends to undertake:
c: other injury prevention programmes that the Minister chooses to have funded from an appropriation by Parliament:
d: desired outcomes and objectives arising from the operation of the Code of ACC Claimants' Rights:
e: desired outcomes and objectives in relation to the performance of each Account:
f: desired outcomes and objectives in relation to the management of the funds managed by the Corporation:
g: reporting requirements of the Corporation either in relation to the Accounts or in relation to the Corporation's functions and powers or in relation to both.
5: The Minister must present a copy of the service agreement to the House of Representatives—
a: in the same document as the Corporation's annual report for the previous financial year ( see section 150
b: in any other document presented on or before the date on which the annual report described in paragraph (a) is presented.
6: A service agreement entered into under this section must be treated, for the purposes of section 49 1998 No 114 s 340 Section 271(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 271(3)(c) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 271(3A) inserted 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 271(5) replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 271(6) replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013
272: Statement of intent
1: The Corporation must prepare a statement of intent in accordance with this section and Part 4
2: In addition to the matters set out in section 141
a: matters relating to the relationship between the Corporation and any Crown entity subsidiary
b: matters relating to the nature and extent of the use of other providers of services (including providers that are Crown entity
c: the extent to which the Corporation may form and register Crown entity subsidiaries
d: matters relating to the allocation of any returns generated by any Crown entity
e:
f:
g:
h:
i:
j: any other matters contemplated by any other provision of this Act. 1998 No 114 s 341 Section 272(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 272(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2)(d) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 272(2)(e) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 272(2)(f) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 272(2)(g) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 272(2)(h) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 272(2)(i) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
273: Provision of financial information
1: The Minister of Finance may from time to time, by written notice, require the Corporation to supply to that Minister or such other person or class of persons as that Minister specifies, such financial forecasts or other financial information in relation to the amount of money that the Corporation expects to receive from the Crown as that Minister specifies in the notice.
2: This section does not limit section 133 1998 No 114 s 342 Section 273(2) substituted 25 January 2005 section 200 Crown Entities Act 2004
274: Management of Accounts
1: The Corporation must ensure that revenue and expenditure relating to each Account is received, applied, and accounted for separately.
2: Except as otherwise authorised under this Act and subject to subsections (3) to (5), the Corporation must not use funds from one Account to meet any costs arising under another Account.
3: Costs in relation to a claim that is associated with more than 1 Account must be apportioned, if practicable, to the relevant Accounts in a way that reasonably represents the relative costs to each Account of the claim concerned.
3A:
3B: The Minister may, without complying with section 115(2)
4: The Corporation must take all reasonable steps to ensure that the administration costs in relation to the management of the Accounts are fairly apportioned among the Accounts.
5: Costs incurred by the Corporation in carrying out all the functions, duties, and powers under this Act that cannot be directly attributed to an Account must be apportioned,—
a: if a policy direction for the time being in effect under section 103
b: if no relevant policy direction is for the time being in effect under section 103 1998 No 114 s 343 Section 274(3A) repealed 3 March 2010 section 42 Accident Compensation Amendment Act 2010 Section 274(3B) inserted 11 May 2005 section 45 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 274(3B) amended 1 August 2008 section 27 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 274(5)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 274(5)(b) amended 25 January 2005 section 200 Crown Entities Act 2004
275: Investments
1: Subject to any policy direction under section 103
2: Any returns on investments must be apportioned across the Accounts in a way that reasonably represents the contribution to the investment of each Account.
3: The Minister must consult with the Minister of Finance before making a policy direction under section 103
4: Section 100 1998 No 114 s 344 Section 275(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 275(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 275(4) added 25 January 2005 section 200 Crown Entities Act 2004
276: Power to borrow, etc
1: The Corporation may borrow money, give security, and issue guarantees and indemnities in accordance with procedures approved by the Minister of Finance.
2: Without limiting any other purposes for which money borrowed may be applied, the Corporation may pay any money borrowed under subsection (1) into any of the Accounts.
3: If any money borrowed is held in an Account, the Corporation may apply the money so held for any purpose for which money held in that Account may be applied.
4: If any money borrowed is paid into an Account, the Corporation may repay from that Account the money so borrowed and paid in and may pay from that Account not only the interest incurred in respect of the money so borrowed and paid in but also the other costs (including the administrative costs of the Corporation) in borrowing that money.
5: Subsections (2) to (4) supplement the provisions of Part 6
6: Nothing in this section prevents the Corporation from apportioning any costs in accordance with section 274 1998 No 114 s 345
277: Loans and grants to Corporation
Section 277 repealed 25 January 2005 section 200 Crown Entities Act 2004 Reporting requirements
278: Annual financial statements
1: The Corporation must include in its annual report under section 150
2: Sections 154(3) 155 156 Section 278 substituted 25 January 2005 section 200 Crown Entities Act 2004
278A: Annual financial condition report
1: The Corporation must—
a: prepare an annual report on its financial condition as soon as practicable after the end of each financial year; and
b: provide the report to the Minister.
2: The purpose of the report is to—
a: provide advice in relation to the Corporation's operations, financial condition, and liabilities; and
b: discuss the implications of any material risks to the Corporation that have been identified in the report.
3: The report must—
a: be prepared in accordance with generally accepted practice within the insurance sector in New Zealand; and
b: contain the information required to achieve the purpose in subsection (2).
4: The Minister must—
a: provide a copy of the report to the Minister of Finance; and
b: after complying with paragraph (a) but within 5 working days after receiving the report from the Corporation or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament, present the report to the House of Representatives. Section 278A inserted 3 March 2010 section 43 Accident Compensation Amendment Act 2010
278B: Corporation to report in each financial year on access to accident compensation scheme by Māori and identified population groups
1: The Corporation must, in each financial year, prepare a report concerning access to the accident compensation scheme by Māori and identified population groups.
2: The report must provide analysis of—
a: the level of access to the accident compensation scheme in that financial year by Māori and identified population groups; and
b: any disparities the Corporation identifies in access to the accident compensation scheme that affect Māori or any identified population group; and
c: any barriers the Corporation identifies that affect access to the accident compensation scheme by Māori or any identified population group; and
d: the causes of, or factors contributing to, those disparities and barriers, as identified by the Corporation.
3: The Corporation must provide the report to the Minister as soon as practicable after the end of each financial year.
4: The Minister must present the report to the House of Representatives as soon as practicable after receiving it. Section 278B inserted 7 June 2023 section 7 Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023 Information collection
279: Purposes for which Corporation to collect information
1: The Corporation may collect information for the following purposes:
a: to enable a comprehensive claims database to be maintained:
b: to facilitate the monitoring of the operation of this Act:
c: to monitor and evaluate the nature, incidence, severity, and consequences of injuries:
d: injury prevention:
e: the provision of appropriate rehabilitation and treatment:
f: the provision of appropriate compensation:
g: policy development under this Act:
h: determining the cost to society of personal injury:
i: levy setting:
j: scheme management.
2: The Corporation must collect—
a: such information as is prescribed for the purposes set out in subsection (1)(a) to (i) by regulations made under this Act:
b: information for such of the purposes set out in section 287
3: Information prescribed for the purpose set out in subsection (1)(a) must include information about the circumstances of the personal injury, the nature and severity of the personal injury, and its consequences. Disclosure of information
280: Disclosure of information to Corporation
1: In this section, unless the context otherwise requires, payment
2: The purpose of this section is to facilitate the disclosure of information by the Department of Corrections (the Department
a: the entitlement or eligibility of any person to or for any payment; or
b: the amount of any payment to which any person is or was entitled or for which any person is or was eligible.
3: For the purpose of this section, the Corporation may from time to time, in accordance with arrangements made between the Corporation and the Department
a: such biographical information as is sufficient to identify those persons, including their addresses; and
b: such details of those persons held by the Department
c: such information and details referred to in paragraphs (a) and (b) as may be necessary for the purposes of this section in respect of persons who are receiving, have received, or have applied to receive any rehabilitation.
4: On receipt of a request made under subsection (3), the Department may supply the information requested to any officer or employee or agent of the Corporation who is authorised in that behalf by the Corporation.
5: Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agreement between the Corporation and the Department
6: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 1998 No 114 s 353 Section 280(2) replaced 1 December 2020 section 190 Privacy Act 2020 Section 280(3) amended 1 December 2020 section 190 Privacy Act 2020 Section 280(3)(b) amended 1 December 2020 section 190 Privacy Act 2020 Section 280(5) amended 1 December 2020 section 190 Privacy Act 2020 Section 280(6) inserted 1 December 2020 section 190 Privacy Act 2020
281: Disclosure of information by Corporation for benefit
and benefit debt recovery
1: In this section, unless the context otherwise requires, benefit
a: a benefit as defined in Schedule 2
b: a funeral grant lump sum payable under section 90
c: any special assistance payable under a programme approved under section 100 101
d: an allowance established by regulations made under section 645
2: The purpose of this section is to facilitate the disclosure of information by the Corporation to the department for the time being responsible for the administration of the Social Security Act 2018
a: to verify the entitlement or eligibility of any person to or for any benefit:
b: to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:
c: to enable the recovery of any debt due to the Crown in respect of any benefit.
3: For the purpose of this section, the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018
a: such biographical information as is sufficient to identify those persons, including their addresses; and
b: such details of the entitlement of those persons to receive compensation based on weekly earnings as are necessary for the purposes of this section.
4: On receipt of a request made under subsection (3), the Corporation may supply the information requested to any officer or employee or agent of the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018
5: Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agreement between the Corporation and the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018
6: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 1998 No 114 s 354 Section 281 heading amended 9 April 2008 section 5(1) Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 Section 281(1) replaced 26 November 2018 section 459 Social Security Act 2018 Section 281(1)(d) amended 1 August 2020 section 668 Education and Training Act 2020 Section 281(2) substituted 9 April 2008 section 5(2) Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 Section 281(2) amended 26 November 2018 section 459 Social Security Act 2018 Section 281(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 281(4) amended 26 November 2018 section 459 Social Security Act 2018 Section 281(5) amended 26 November 2018 section 459 Social Security Act 2018 Section 281(6) inserted 1 December 2020 section 190 Privacy Act 2020
282: Disclosure of information by Corporation for health purposes
1: The purpose of this section is to facilitate the disclosure of information between the Corporation and the Ministry of Health and Health New Zealand and the Māori Health Authority
2: The purposes are—
a: to facilitate the calculation of the funding required for the provision of public health acute services; and
b: to facilitate the auditing and monitoring of the provision of treatment, under this Act and otherwise, by registered health professionals.
3: Disclosure of information under this section must not affect any entitlements provided to any claimant.
4: The Director-General of Health and the chief executive of Health New Zealand or the Māori Health Authority
5: The persons about whom they may request information under this section are persons who have received, are receiving, or have applied to receive any treatment to which those persons are entitled.
6: The information they may request is—
a: such biographical information as is sufficient to identify those persons, including their addresses; and
b: such details of the entitlement of those persons as are necessary for the purpose of this section.
7: A request under subsection (4) must be made in accordance with arrangements made between the Corporation and the Director-General, or the Corporation and each chief executive.
8: The Corporation may supply the information requested to, as appropriate,—
a: an officer or employee or agent of the Ministry authorised by the Director-General to receive it:
b: an officer, employee or agent of Health New Zealand or the Māori Health Authority and who is authorised by that entity's chief executive to receive it.
9: The information may be supplied in such form as is determined by agreement between the Corporation and the Director-General, or the Corporation and each chief executive. 1998 No 114 s 369 Section 282(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 282(4) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 282(8)(b) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
283: Disclosure of information by Corporation for injury prevention purposes
1: The purpose of this section is to facilitate the disclosure of information by the Corporation to the department responsible for administering the Oranga Tamariki Act 1989
2: For the purpose of this section, the Corporation may provide information to that agency about claimants and other persons if the Corporation believes on reasonable grounds that it is reasonably necessary to achieve the purpose of this section.
3: Information must be provided under subsection (2) in accordance with an agreement between the Corporation and the chief executive of that department. Section 283(1) amended 14 July 2017 section 150(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
284: Reporting of risk of harm to public
1: This section applies to information collected by the Corporation in the course of processing claims—
a: for treatment injury; or
b: for personal injury of a type described in section 20(2)(d)
c: for personal injury caused by medical misadventure; or
d: that are in the nature of claims for treatment injury, but are caused by a person who is not a registered health professional.
2: If the Corporation believes, from information referred to in subsection (1), there is a risk of harm to the public, the Corporation must report the risk, and any other relevant information, to the authority responsible for patient safety in relation to the treatment that caused the personal injury. Section 284 substituted 1 July 2005 section 47 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
285: Personal injuries in nature of medical misadventure
Section 285 repealed 1 July 2005 section 48 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Information about work-related injuries
286: Corporation to provide information to
Ministry of Business, Innovation, and Employment and to health and safety regulators
1: The Corporation must provide to the chief executive of the Ministry of Business, Innovation, and Employment or to a health and safety regulator
a: relates to—
i: employers; or
ii: workplaces; or
iii: claims for work-related personal injury; and
b: is of a type specified for the purpose of this section in an agreement between the Corporation and the chief executive of the Ministry of Business, Innovation, and Employment or the health and safety regulator
2: The chief executive of the Ministry of Business, Innovation, and Employment and the health and safety regulator
a: to support the Ministry of Business, Innovation, and Employment in its administration of any provisions of the relevant Acts:
b: to support the health and safety regulator
c: to ensure appropriate co-ordination of activities with the Corporation and other relevant agencies:
d: in the case of the Ministry of Business, Innovation, and Employment, to support the Ministry’s responsibilities for workforce development and employment creation.
3: The power conferred on the chief executive of the Ministry of Business, Innovation, and Employment and on health and safety regulators section 28B
4: The Corporation must provide the information in accordance with the agreement referred to in subsection (1)(b).
5: In subsection (2), relevant Acts
a: Disabled Persons Employment Promotion Act 1960
b: Employment Relations Act 2000
c: Equal Pay Act 1972
d: Hazardous Substances and New Organisms Act 1996
e: Health and Safety at Work Act 2015
f: Holidays Act 2003
g: Immigration Act 2009
h: Machinery Act 1950
i: Minimum Wage Act 1983
j: Parental Leave and Employment Protection Act 1987
k: Volunteers Employment Protection Act 1973
l: Wages Protection Act 1983
m: the WorkSafe New Zealand Act 2013 Section 286 substituted 1 July 2005 section 49 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 286 heading amended 4 April 2016 section 15(1) Accident Compensation Amendment Act 2015 Section 286 heading amended 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 286(1) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 286(1) amended 4 April 2016 section 15(2) Accident Compensation Amendment Act 2015 Section 286(1)(b) amended 4 April 2016 section 15(3) Accident Compensation Amendment Act 2015 Section 286(2) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 286(2) amended 4 April 2016 section 15(4) Accident Compensation Amendment Act 2015 Section 286(2)(b) amended 4 April 2016 section 15(4) Accident Compensation Amendment Act 2015 Section 286(3) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 286(3) amended 4 April 2016 section 15(5) Accident Compensation Amendment Act 2015 Section 286(4) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 286(5)(e) amended 4 April 2016 section 15(6) Accident Compensation Amendment Act 2015 Section 286(5)(g) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 286(5)(m) inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
8: Management of injury-related information
287: Purpose of this Part
The purpose of this Part is—
a: to facilitate the achievement of the Government's overall injury management (including injury prevention) objectives, as determined from time to time, through information collection:
b: to facilitate the development and maintenance of a coherent set of statistics and indicators, and a research database on injury-related information:
c: to enable the analysis of such information to enhance policy development in both the government and private sectors:
d: to facilitate the dissemination of such information across all appropriate sectors (including the government and private sectors):
e: to enable the effectiveness of government agencies to be monitored in relation to the Government's overall injury management (including injury prevention) objectives.
288: Injury-related statistics are official statistics under Data and Statistics Act 2022
Injury-related statistics are official statistics for the purposes of the Data and Statistics Act 2022 Section 288 replaced 1 September 2022 section 107(1) Data and Statistics Act 2022
289: Information manager
1: The Prime Minister may designate a person or agency to be an information manager for injury-related information purposes.
2: A manager must report to a Minister designated by the Prime Minister.
3: A manager has all the powers that are reasonably necessary or expedient to enable the manager to carry out the purpose of this Part, including (without limitation) power to exercise or perform the following functions:
a: to develop, set, publish, and maintain standards for the purpose of this Part after consultation with such persons or organisations as the manager considers appropriate:
b: to collect and aggregate injury-related information:
c: to facilitate access (including by publishing) to injury-related information and unit record data:
d: to consider and review current and future injury-related information requirements.
4: The manager may disclose injury-related information to any officer of another government agency solely for bona fide research or statistical purposes relevant to the functions and duties of that government agency, and to bona fide private sector researchers, only if—
a: the information is to be used in a form in which the individual concerned is not identified; or
b: the information is to be used for statistical purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
c: the information is to be used for research purposes for which approval by an ethics committee, if required, has been given and will not be published in a form that could reasonably be expected to identify the individual concerned.
5: Information may be provided under subsection (4) in a form determined by an agreement between the manager and the chief executive of the government agency or the bona fide researcher.
6: In exercising the powers conferred by subsection (3), a manager must—
a: comply with the Privacy Act 2020
b: ensure that standards set for the purpose of this Part are complied with; and
c: comply with the Data and Statistics Act 2022
7: A manager may delegate any of the manager's functions.
8: If Statistics New Zealand is designated as an information manager,—
a: subsections (2) to (7) and sections 290 292
b: nothing in this section limits or affects anything in the Data and Statistics Act 2022 Section 289(6)(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 289(6)(c) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 289(8)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
290: Information manager can require government agencies to provide injury-related information
1: Without limiting section 289(3)
2: The manager and the agency must enter into an understanding or arrangement with each other governing the provision of the information.
3: For the purposes of the Privacy Act 2020 Section 290(3) amended 1 December 2020 section 217 Privacy Act 2020
291: Ministerial advisory panel
Section 291 repealed 3 March 2010 section 44 Accident Compensation Amendment Act 2010 Purchase agreements
292: Minister to require information manager to enter into purchase agreement
1: The Minister designated under section 289(2)
2: A purchase agreement may be amended or revoked in the manner set out in the agreement.
3: A manager must take all reasonable steps to comply with any applicable purchase agreement for the time being in force. 1998 No 114 s 340
293: Funding of information manager
An information manager's operations are to be funded by either or both of the following:
a: an appropriation from Parliament for the purpose:
b: revenue derived from charging for the provision of injury-related information.
9: Miscellaneous provisions
Situations where previous insurer involved
294: Scope and purpose of sections 295 to 297
1: Sections 295 to 297 section 341(1) subsequent injury
2: The purpose of sections 295 to 297
a: ensure that the claimant receives all necessary and appropriate entitlements for the personal injury covered by this Act (the subsequent injury previous injury
b: ensure that those entitlements are provided without delay and, as appropriate, continuously; and
c: provide a framework within which the insurer and the Corporation can determine the responsibility to provide entitlements, both from the point of view of taking responsibility for the rehabilitation of the claimant and from a financial point of view; and
d: recognise that appropriate contributions depend on the extent to which each injury contributed to the need for the entitlements or some of them.
295: Obligation to provide entitlements where subsequent injury occurs
1: If a subsequent injury occurs while the previous injury still gives rise to an entitlement to weekly compensation for the claimant, the following obligations continue or arise:
a: neither the insurer nor the Corporation may reduce the rate of weekly compensation or independence allowance payable after the subsequent injury solely because of the subsequent injury:
b: the insurer must continue to provide any rehabilitation (including treatment in respect of the previous injury) that it was providing, unless the occurrence of the subsequent injury makes that impracticable:
c: the Corporation must provide any treatment in accordance with this Act required as a result of the subsequent injury:
d: the Corporation must ensure that the claimant receives any other entitlements, whether arising from the subsequent injury or the previous injury:
e: unless the Corporation is satisfied that the subsequent injury does not have a material impact on entitlements from the previous injury, the insurer and the Corporation must jointly consider the situation arising from the fact that there have been 2 personal injuries to the claimant and seek to reach an agreement on the appropriate mix of obligations they will have in respect of the claimant's entitlements, both in terms of managing the claimant's claims and rehabilitation and in terms of financial responsibility for the claimant's entitlements.
2: In seeking to reach agreement under subsection (1)(e), the insurer and the Corporation must be guided by the purpose set out in section 294(2)
3: An agreement under subsection (1)(e)—
a: either—
i: must normally include provision for one of the parties to take sole management responsibility for the claims in return for certain payments by the other; or
ii: may include provision for the parties to share management of the claims, but only if it is necessary for the claimant's successful rehabilitation and it does not unreasonably inconvenience the claimant; and
b: must include provision for the operation of the agreement to be reviewed from time to time to ensure that it continues to properly reflect the best interests of the claimant; and
c: must include provision for allocation of costs of any entitlements already provided after the subsequent injury but before the agreement is reached.
4: If the claimant wishes to seek review under Part 5
5: Despite the Privacy Act 2020 Section 295(5) amended 1 December 2020 section 217 Privacy Act 2020
296: Failure to reach agreement
1: If the insurer and the Corporation are unable to reach an agreement under section 295(1)(e)
2: If the insurer and the Corporation are still unable to reach an agreement under section 295(1)(e)
3: Any application to the District Court under this section must be made to the District Court specified in regulations for that purpose and must be made in the prescribed manner.
4: In determining an application under this section, the District Court must have regard to the purpose set out in section 294(2)
5: A determination of the District Court may allocate responsibility on a specified basis to either the insurer and the Corporation or to both, including in relation to entitlements that have already been provided and in relation to entitlements that are to be provided.
6: If satisfied that either the previous injury or the subsequent injury is, or was for a particular period, wholly or substantially causing the claimant's ongoing incapacity or the claimant's need for ongoing entitlements, the District Court may in its determination direct accordingly that the insurer or the Corporation must bear all of the responsibilities for entitlements from a specified time or for a specified period.
7: In making a determination under this section, the District Court must determine the matter according to the substantial merits of the situation, without regard to minor matters.
8: If the circumstances of the claimant change and the parties are unable to reach agreement about any changes to their responsibilities, either party may apply to the District Court by originating application for further directions in accordance with this section.
297: Entitlements not affected by court direction
In making a determination under section 296
a: direct the Corporation to provide any independence allowance payable in respect of the previous injury; or
b: direct the insurer to provide any lump sum compensation or independence allowance payable in respect of the subsequent injury.
298: Work-related gradual process, disease, or infection involving exposure before 1 April 2002
1: This section applies if a claimant suffers a personal injury caused by a work-related gradual process, disease, or infection on or after 1 April 2002.
2: If an employment task referred to in section 30(2) Accident Insurance Act 1998
3: The amount that the Corporation may recover is— (a ÷ b) × total costs where—
a: is the period of time employed in the employment referred to in subsection (2) on or after 1 July 1999 and before 1 July 2000 when the insurer was the employer's or self-employed person's insurer; and
b: is the total period of time the claimant was employed in the employment referred to in subsection (2) (including the time before 1 July 1999). Effect of Act and public interest
299: No contracting out of this Act
This Act has effect despite any provision to the contrary in any contract or agreement. 1998 No 114 s 358
300: Public interest
In exercising any functions or powers under this Act or the Crown Entities Act 2004 1998 No 114 s 359 Section 300 amended 25 January 2005 section 200 Crown Entities Act 2004 Public health acute services
301: Service agreement for purchase of public health acute services and other health services
1: The Minister must enter into an annual service agreement in respect of the financial year commencing on 1 July with the Minister of Health requiring the Crown to purchase specified public health acute services, and such other services as are from time to time agreed by the Ministers, on behalf of the Corporation.
2: The service agreement must—
a: provide for the payment of money to the Crown in return for the Minister of Health—
i: funding the provision of public health acute services, and any other services (including pharmaceuticals and laboratory services) agreed by Health New Zealand, the Māori Health Authority, Health New Zealand or the Māori Health Authority
ii: arranging the funding of that provision; and
b: provide how the Minister of Health's implementation of the agreement is to be monitored; and
c: contain the terms and conditions that the Minister of Health and the Minister agree on; and
d: specify service levels for the delivery of such services; and
e: specify the level of payment from the Corporation to the Crown; and
f: specify the mechanism for calculating the sum payable by the Corporation and the method of payment.
3: The service agreement may provide for the method of calculating, and the payment of, the residual cost of public health acute services for the previous financial year (including the financial year that ended before the date of commencement of this section).
4: The service agreement may also provide for the Crown to refund to the Corporation any amount overpaid by the Corporation in a previous financial year for public health acute services.
5: Subsection (4) is for the avoidance of doubt. Section 301(2)(a)(i) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 301(4) added 11 May 2005 section 50 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 301(5) added 11 May 2005 section 50 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
302: Minister of Health's responsibilities for purchase of public health acute services and other health services
1: The Minister must enter into a funding agreement with Health New Zealand or other providers
a: give effect to the Minister of Health's obligations under the service agreement referred to in section 301
b: require the relevant providers to supply the Corporation with such information as is necessary to enable the Corporation to monitor the delivery of public health acute or other services (including pharmaceuticals and laboratory services), as agreed in the service agreement referred to in section 301
2: The Minister of Health must ensure that every funding agreement described in subsection (1)
a: conform with the service agreement referred to in section 301
b: provide for the Minister of Health to maintain and monitor performance standards, including ethical standards, specified in the agreement; and
c: provide for the Minister of Health to provide the Corporation with all information contained in the service agreement that is relevant to the services the Corporation funds. 1998 No 114 s 361 Section 302(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 302(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
303: Restriction on purchase by Corporation of public health acute services
1: The Corporation must not make any kind of agreement with Health New Zealand, the Māori Health Authority
a: any public health acute services that the Corporation is liable to provide under this Act, whether for the payment for or provision of those services; or
b: any other matter concerning those services.
2: This section applies to avoid doubt. Section 303(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
304: Minister of Health acts on behalf of the Crown
The Minister of Health acts on behalf of the Crown under sections 301 302 Joint purchasing arrangements
305: Joint purchasing arrangements for emergency transport services
1: The Corporation may enter into a contract, arrangement, or understanding with the Ministry of Health or Health New Zealand clause 3
2: Nothing in Part 2 sections 36 36A
a: a contract, arrangement, or understanding under this section; or
b: any act, matter, or thing done by any person for the purposes of entering into such a contract, arrangement, or understanding; or
c: any act, matter, or thing done by any person to give effect to such a contract, arrangement, or understanding.
3: Nothing in section 303 Section 305(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Special leave for non-work injuries
306: Sick leave may be used when employer not liable for first week compensation
1: If an employee suffers a personal injury that is not a work-related personal injury and is not a motor vehicle injury described in section 29(2) subpart 4
2: This section applies to avoid doubt. Section 306 substituted 1 April 2004 section 91(2) Holidays Act 2003 General notification provision
307: How documents given or information notified
1: This section applies when—
a: this Act requires a document to be given to a person; or
b: this Act requires a person to be notified of any information, and references in this section to a document being given must be applied accordingly.
2: A document that this Act requires to be given to a person must be given by the method in subsection (3) that the person required to give the document considers is most likely to ensure that the document reaches the person.
3: The methods by which a document may be given are—
a: personally delivering it to the person; or
b: posting it to a usual address of the person; or
c: sending it to the person by fax or some other electronic means; or
d: providing it to the person in a manner approved by the person.
4: A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be delivered to the corporate body's offices during working hours.
5: A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post. For the purposes of proving delivery,—
a: it is sufficient to prove that the document was properly addressed; and
b: the document is presumed, in the absence of proof to the contrary, to have been posted on the day on which it was dated.
6: A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to be delivered on the day after the day on which it is sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists.
7: This section is subject to section 52 1998 No 114 s 368 Offences and penalties generally
308: Offence to mislead Corporation
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead the Corporation or any other person concerned in the administration of this Act.
2: The purpose is—
a: for that person to receive or continue to receive any payment or entitlement; or
b: for another person to receive or continue to receive any payment or entitlement.
3: The result is—
a: that that person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act; or
b: that another person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act.
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000. 1998 No 114 s 375
309: Offence not to provide requested information to Corporation
1: This section applies to—
a: an employer or former employer of a claimant:
b: a person who has provided any rehabilitation to a claimant:
c: a person who has sought or received any payment in respect of a claimant.
2: A person to whom this section applies must provide the Corporation with any information or statement, when requested to do so by the Corporation, for the purposes of facilitating decisions about cover and the timely and appropriate provision of entitlements, or detecting fraud.
3: A person to whom this section applies commits an offence if the person refuses or fails to supply, without reasonable excuse, the information or statement requested under subsection (2).
4: This section does not apply unless the claimant has authorised the request being made and the person of whom the request is made has notice of that authorisation.
5: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000. 1998 No 114 s 376
310: Offence not to provide earnings information to Corporation
1: This section applies to a person who is receiving—
a: first week compensation; or
b: weekly compensation.
2: A person to whom this section applies commits an offence if he or she fails to advise the Corporation as soon as practicable if his or her earnings have increased after he or she began receiving compensation in such a way as to reduce the compensation payable to him or her.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1998 No 114 s 377
311: Goods and services tax not payable on penalties or fines
To avoid doubt, goods and services tax under the Goods and Services Tax Act 1985 Liability of directors, employees, and officers
312: Directors, employees, and officers
1: A director, employee, agent, or officer of a body corporate commits an offence against this Act if—
a: the body corporate commits an offence against this Act (the principal offence
b: the principal offence was caused by an act done or carried out by, or by an omission of, the director, employee, agent, or officer.
2: A director, employee, agent, or officer who does or carries out the act or omission referred to in subsection (1) is liable on conviction for up to the same maximum penalty that could apply to an individual, if an individual had committed the principal offence.
3: An employee or officer of a body corporate includes a person who, by reason of the person's employment with, or position in relation to, the body corporate, is responsible by law, contract, or otherwise for undertaking an action on behalf of the body corporate. 1998 No 114 s 378 Informations
313: Charges
1: Despite anything to the contrary in section 25
2: A charging document may charge the defendant with any number of offences against this Act (whether arising under this section or otherwise) or against regulations made under this Act.
3: A charging document that charges more than 1 such offence must set out separately the particulars of each offence charged.
4: Multiple charges must be heard together unless the court, either before or at any time during the trial, considers it just that any charge should be heard separately and makes an order to that effect. 1998 No 114 s 379 Section 313 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Summary conviction Heading repealed 1 July 2013 section 413 Criminal Procedure Act 2011
314: Summary conviction
Section 314 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 General fine
315: General fine for offences
A person who commits an offence against this Act or any regulations made under it for which no fine is provided in this Act or its regulations, otherwise than in this section, is liable on conviction to a fine not exceeding $500. 1998 No 114 s 381 Offences relating to earner levies
316: Offences in relation to deductions
1: Subject to subsection (5), a person commits an offence against this Act who,—
a: being an employer , or a PAYE intermediary section 221
b: knowingly applies or permits the application of the amount of a deduction made or deemed to be made under section 221
c: knowingly provides altered, false, incomplete, or misleading information to the Corporation or any other person in respect of any matter or thing affecting a deduction required to be made under section 221
d: causes or attempts to cause any employer , any PAYE intermediary section 221
e: obtains or attempts to obtain, for the person's own advantage or benefit, credit with respect to, or a payment of, the whole or any part of the amount of a deduction made in accordance with section 221
2: A person may not be convicted of an offence under subsection (1)(a) if the person satisfies the court that the amount of the deduction required to be made under section 221
3: A person who commits an offence against subsection (1)(b) is liable, on each occasion the person is convicted, to imprisonment for a term not exceeding 5 years or a fine not exceeding $50,000.
4: A person who commits an offence against any of paragraphs (a), (c), (d), and (e) of subsection (1) is liable,—
a: the first time the person is convicted in relation to a particular type of offence, to a fine not exceeding $25,000:
b: on every other occasion the person is convicted for the same type of offence, to a fine not exceeding $50,000.
5: No person may be convicted of an offence under this section in respect of any deduction required to be made on account of the levy payable under this Act ( levy deduction section 143A(1)
6: In this section, PAYE intermediary section YA 1 1998 No 114 s 382 Section 316(1)(a) amended 26 March 2003 section 168(1) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 316(1)(d) amended 26 March 2003 section 168(2) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 316(6) added 26 March 2003 section 168(3) Taxation (Maori Organisations, Taxpayer Compliance and Miscellaneous Provisions) Act 2003 Section 316(6) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Proceedings
317: Proceedings for personal injury
1: No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealand, for damages arising directly or indirectly out of—
a: personal injury covered by this Act; or
b: personal injury covered by the former Acts.
2: Subsection (1) does not prevent any person bringing proceedings relating to, or arising from,—
a: any damage to property; or
b: any express term of any contract or agreement (other than an accident insurance contract under the Accident Insurance Act 1998); or
c: the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of service.
3: However, no court, tribunal, or other body may award compensation in any proceedings referred to in subsection (2) for personal injury of the kinds described in subsection (1).
4: Subsection (1) does not prevent any person bringing proceedings under—
a: section 50 section 51
b: any of sections 92B 92E 92R 122 122A 122B 123 124
5: Subsection (1) does not prevent any person bringing proceedings in any court in New Zealand for damages for personal injury of the kinds described in subsection (1), suffered in New Zealand or elsewhere, if the cause of action is the defendant's liability for damages under the law of New Zealand under any international convention relating to the carriage of passengers.
6: Subsection (1) does not affect proceedings to which section 318(3)
7: Nothing in this section is affected by—
a: the failure or refusal of any person to lodge a claim for personal injury of the kinds described in subsection (1); or
b: any purported denial or surrender by any person of any rights relating to personal injury of the kinds described in subsection (1); or
c: the fact that a person who has suffered personal injury of the kinds described in subsection (1) is not entitled to any entitlement under this Act. 1998 No 114 s 394 Section 317(4)(b) substituted 11 May 2005 section 51 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
318: Proceedings for personal injury caused by work-related gradual process, disease, or infection
1: This section applies to proceedings for damages arising directly or indirectly out of personal injury caused by a work-related gradual process, disease, or infection that is—
a: personal injury covered by this Act; or
b: personal injury covered by the former Acts.
2: No person may bring proceedings to which this section applies independently of this Act in any court in New Zealand, whether the proceedings are under any rule of law or any enactment.
3: Subsection (2) does not prevent a person who commenced proceedings to which this section applies before 1 April 1993 from completing the proceedings.
4: Subsection (2) does not prevent any person bringing proceedings relating to, or arising from,—
a: any damage to property; or
b: any express term of any contract or agreement (other than an accident insurance contract under the Accident Insurance Act 1998); or
c: the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of service.
5: However, no court, tribunal, or other body may award compensation in any proceedings referred to in subsection (4) for personal injury of the kinds described in subsection (1). 1998 No 114 s 395
319: Exemplary damages
1: Nothing in this Act, and no rule of law, prevents any person from bringing proceedings in any court in New Zealand for exemplary damages for conduct by the defendant that has resulted in—
a: personal injury covered by this Act; or
b: personal injury covered by the former Acts.
2: The court may make an award of exemplary damages for conduct of the kind described in subsection (1) even though—
a: the defendant has been charged with, and acquitted or convicted of, an offence involving the conduct concerned in the claim for exemplary damages; or
b: the defendant has been charged with such an offence, and has been discharged without conviction under section 106 section 108
c: the defendant has been charged with such an offence and, at the time at which the court is making its decision on the claim for exemplary damages, the charge has not been dealt with; or
d: the defendant has not, at the time at which the court is making its decision on the claim for exemplary damages, been charged with such an offence; or
e: the limitation period for bringing a charge for such an offence has expired.
3: In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the court may have regard to—
a: whether a penalty has been imposed on the defendant for an offence involving the conduct concerned in the claim for exemplary damages; and
b: if so, the nature of the penalty. 1998 No 114 s 396 Section 319(2)(b) amended 30 June 2002 section 186 Sentencing Act 2002
320: Corporation to be heard
1: This section applies to proceedings in which a question arises as to whether or not a person—
a: has suffered personal injury for which he or she has cover; or
b: has suffered personal injury covered by the former Acts; or
c: has died because of personal injury of a kind described in paragraph (a) or paragraph (b).
2: The court, tribunal, or other body hearing the proceedings may not make a determination unless the Corporation is a party to the proceedings or is given an opportunity to be heard. 1998 No 114 s 397
321: Powers of Corporation when person has right to bring proceedings
1: Subsection (2) applies when—
a: any entitlement is required to be provided under this Act for personal injury to a person; and
b: the person has the right to bring proceedings for damages in New Zealand or elsewhere for the personal injury.
2: When this subsection applies, the Corporation may require a person to do one of the following things, at the person's option and at the Corporation's expense:
a: to take all reasonable steps to enforce the right; or
b: to assign the right to the Corporation, and to do all other things necessary to enable the right to be enforced by the Corporation, within a reasonable period.
3: Subsection (4) applies when—
a: any entitlement has been or is required to be provided under this Act for personal injury to a person; and
b: the person has received a sum of money by way of damages, compensation, or settlement of any claim in New Zealand or elsewhere for the personal injury.
4: When this subsection applies, the Corporation may, as the case requires,—
a: deduct, from the cost of the entitlement required to be provided to a person, a sum equivalent to the net amount received by way of damages, compensation, or settlement; or
b: recover from the person, as a debt due, the entitlement provided.
5: Nothing in subsection (4) applies to—
a: any money paid on a claim by the person under an insurance contract (other than an accident insurance contract under the Accident Insurance Act 1998) taken out by the person:
b: any payment from a retirement scheme (within the meaning of section 6(1)
c:
d: any damages awarded under any Act. 1998 No 114 s 398 Section 321(5)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 321(5)(c) repealed 30 June 2002 section 187 Sentencing Act 2002 Regulation-making powers
322: Regulations relating to definitions
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: defining acute admission for the purposes of this Act:
b: defining counsellor for the purposes of this Act:
c: defining impairment for the purposes of this Act:
d: prescribing a place of education for the purposes of this Act:
e: defining a type or types of registered health professional for the purposes of this Act:
f: defining a type or types of treatment provider for the purposes of this Act:
fa: defining a health occupational group or part of a health occupational group for the purposes of this Act.
g:
2: The Governor-General may, on the recommendation of the Minister and the Minister of Health, by Order in Council, make regulations defining public health acute services for the purposes of this Act.
3: The Minister may not make any recommendation under subsection (1) or subsection (2) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
4: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 399 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 322(1)(e) replaced 1 October 2019 section 52(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 322(1)(f) replaced 1 October 2019 section 52(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 322(1)(fa) inserted 1 October 2019 section 52(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 322(1)(g) repealed 1 July 2005 section 52(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 322(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
322A: Definition of health practitioner may be limited
1: The Minister may, from time to time, by notice
a: the person is a member of a class described in the notice; and
b: the person's registration or deemed registration as a practitioner of that health profession under the Health Practitioners Competence Assurance Act 2003
2: For the purposes of subsection (1), a class of persons may be described in any way the Minister thinks fit, including, without limitation, in any 1 or more of the following ways:
a: by reference to the scopes of practice of the persons, including, without limitation, to any limitations, restrictions, or conditions in the scopes of practice:
b: by reference to the qualifications of the persons:
c: by reference to the fact that the persons are not permitted to perform services of a stated kind under their scopes of practice:
d: by reference to the fact that the persons lack qualifications of a stated kind.
3: The Minister may not give a notice
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 322A inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 322A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 322A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 322A(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
323: Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
1: For the purposes of Part 3
a: prescribing the conditions under which the Corporation is to apply the pure tone audiometry test or any other appropriate test, under section 61
b: prescribing any other matters relating to the tests.
2: The Minister must not make any recommendation under subsection (1) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 401 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 323(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
324: Regulations relating to rehabilitation
1: For the purposes of Part 4 Schedule 1
a: prescribing the costs that the Corporation is liable to pay for the entitlement of rehabilitation:
b: prescribing the circumstances in which, and the method by which, the Corporation must make any payment for rehabilitation:
c: prescribing the circumstances in which, and the method by which, the Corporation may make arrangements, and make contributions, for rehabilitation:
d: prescribing the persons to whom those payments may be made.
2: The Minister must not make any recommendation under subsection (1) without first receiving a recommendation from the Corporation and consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may—
a: prescribe—
i: a percentage, or different percentages, of the total costs to be paid by the Corporation; or
ii: a specified amount, or specified amounts, that the Corporation is liable to pay in respect of those costs in specified circumstances:
b: provide that the Corporation is liable to make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
c: provide that the Corporation is liable to make payments in respect of rehabilitation only if a person who is a member of a class prescribed in the regulations—
i: provides rehabilitation; or
ii: refers a claimant to rehabilitation; or
iii: directly supervises the provision of rehabilitation:
d: provide that the Corporation—
i: must not
ii: is liable to pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
e: prescribe—
i: an amount that the claimant must or must not pay for rehabilitation that is treatment; or
ii: a percentage that the claimant must or must not pay of the total amount payable for treatment.
4: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may contain different provisions in respect of—
a: payments relating to work-related personal injury and payments relating to other personal injury:
b: payments relating to claimants based on—
i: the need of a claimant as assessed by the Corporation; or
ii: assessments conducted by or on behalf of any other relevant government agency; or
iii: both:
c: payments to persons not resident in New Zealand at the time of receiving the payments.
5: The Minister, in consultation with the Minister of Finance and the Minister of Health, may approve for a specified period no longer than 6 months any item that is recommended by the Corporation for inclusion in regulations under this section as if it were prescribed by regulations made under subsection (1).
6: An approval under subsection (5)—
a: must be given by notice
b: has effect as if it were prescribed by regulations made under subsection (1); and
c: lapses on the expiration of the period for which the approval is given.
7: The following are secondary legislation ( see Part 3
a: regulations under subsection (1):
b: a notice under subsection (5). 1998 No 114 s 402 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (5). Legislation Act 2019 requirements for secondary legislation made under subsection (5) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 324(2) substituted 1 August 2008 section 28 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 324(3)(d)(i) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 324(6)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 324(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
324A: Biennial review of certain amounts
1: The Corporation must conduct a review in 2020, and in every second year after that, of the amounts prescribed by regulations made under section 324
2: The purpose of the review is to assess whether adjustment to any of the amounts is required to take into account changes in costs of rehabilitation.
3: The Corporation must, by 1 December of each year in which a review is conducted,—
a: provide a report on the results of the review to the Minister; and
b: include in that report any recommendations for change that it may have. Section 324A replaced 12 April 2019 section 5 Accident Compensation Amendment Act 2019
325: Regulations relating to ancillary services for rehabilitation
1: For the purposes of clauses 3 11
a: prescribing the costs that the Corporation is liable to pay or contribute to in respect of 1 or more ancillary services that facilitate rehabilitation provided by the Corporation in New Zealand:
b: prescribing the circumstances in which, and the method by which, the Corporation is liable for any payment for 1 or more ancillary services to rehabilitation:
c: prescribing the circumstances in which, and the method by which, the Corporation may make arrangements, and make contributions, for 1 or more ancillary services to rehabilitation:
d: prescribing the conditions that must be met, and the matters that must be taken into account:
e: prescribing the persons to whom those payments may be made.
1A: Regulations made under subsection (1) may also prescribe the costs and payments that the Corporation is liable to pay or contribute to in relation to the transport, by ambulance, of the body of a person who has died at the scene of an accident (in which case subsection (1) applies with all necessary modifications).
2: The Minister must not make any recommendation under subsection (1) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Without limiting the matters that may be prescribed by regulations, regulations made under subsection (1) may—
a: prescribe the circumstances in which the Corporation is liable to pay or contribute to the costs of 1 or more ancillary services that facilitate rehabilitation, examples of which are that the service—
i: is necessary and appropriate:
ii: is or will be provided by a person who is an appropriate provider of the particular ancillary service:
iii: has been or will be provided only on the number of occasions necessary for that purpose:
iv: has been agreed in an individual rehabilitation plan, if a plan has been agreed:
v: is provided after the Corporation has agreed to the rehabilitation and after the Corporation has agreed to the ancillary service in respect of the rehabilitation, unless clause 4(2)
b: prescribe the matters that must be taken into account when the Corporation is deciding whether and to what extent ancillary services that facilitate rehabilitation should be provided, including such matters as—
i: the nature and severity of the injury:
ii: the rehabilitation outcome that will be achieved:
iii: the claimaint's assessed need for the ancillary service:
iv: the other options available to meet the need:
v: the cost of the service and of the other options, compared with the benefit that the claimant is likely to receive from the ancillary service:
vi: the responsibilities of the person in relation to their own rehabilitation:
vii: the geographic location in which the person lives:
c: provide that the Corporation is to make payments only if specified service thresholds have been exceeded.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 325(1A) inserted 5 December 2013 section 6 Accident Compensation Amendment Act (No 2) 2013 Section 325(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
326: Regulations relating to lump sum compensation
1: For the purposes of Part 3 clause 57
2: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of Part 3
a: refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the Evaluation of Permanent Impairment:
b: refer to, or incorporate by reference, guides, frameworks, or other standards:
c: prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part, any thing referred to in paragraph (a) or paragraph (b):
d: do any combination of the things referred to in paragraphs (a) or (b) or (c):
e: amend the lump sum compensation amounts payable under clause 56
f: prescribe calculations and rules for determining the combined effect of personal injury for a claimant who has suffered more than 1 personal injury, for the purposes of clause 59(5)
g: prescribe calculations and rules for adjusting the whole-person impairment score of a claimant to take into account the effect of injuries suffered before 1 April 2002:
h: prescribe the scale of lump sum compensation amounts payable in respect of different degrees of whole-person impairment under clauses 56 60
i: prescribe such other matters as may be desirable to enable the assessment, calculation, and payment of lump sums.
3: The Minister must not make any recommendation under subsection (1) or subsection (2) without first consulting the persons or organisations that the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
4: Any material referred to or incorporated by reference in regulations under this section forms part of the regulations for all purposes. However, any amendment made to the material after the commencement of the regulations does not have effect until regulations have been made incorporating the amendment into the regulations.
5: The Corporation must allow a claimant to inspect any material referred to or incorporated by reference in regulations under this section. The inspection must be free of charge and take place at one of the Corporation's offices.
6: Regulations under this section are secondary legislation ( see Part 3
7: Subpart 1 section 114 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 326(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 326(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
326A: Regulations relating to interest on late payments of weekly compensation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing an indicator interest rate (or a formula or other methodology for setting another interest rate) as the base rate for the purposes of section 114(4)(a)
b: prescribing a percentage as the premium for the purposes of section 114(4)(b)
2: The Minister may recommend the making of regulations under this section only if the Minister is satisfied that the interest rate would be consistent with, or promote, the following objectives:
a: simple, accessible, and predictable law:
b: realistic and fair compensation for claimants:
c: encouraging the Corporation to calculate and pay claims for weekly compensation as soon as practicable.
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 326A inserted 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 326A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
327: Regulations relating to indexation
1: For the purposes of this Act, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: prescribing the formula or formulas for indexation under section 115
b: prescribing the formula or formulas for indexation under section 116
c: prescribing the effective date or dates for the purposes of sections 115 116
d: prescribing the formula or formulas for indexation of the independence allowance under this Act or a former Act that is payable under this Act.
e:
2: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 404 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 327(1)(e) repealed 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 327(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
328: Regulations relating to reviews and appeals
1: For the purposes of Part 5
a: prescribing rules for the conduct of reviews:
b: prescribing rules for the lodging of notices in the District Court
c: prescribing the form of a notice of appeal:
ca: prescribing a fee that must accompany a notice of appeal:
d: defining specified registry for the purposes of sending or filing notices of appeal:
e: prescribing rules for the conduct of appeals:
f: prescribing a scale of costs for the purposes of section 148
2: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 405 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 328(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 328(1)(ca) inserted 14 November 2018 section 4 Tribunals Powers and Procedures Legislation Act 2018 Section 328(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
328A: Regulations relating to alternative dispute resolution
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of the following purposes:
a: setting out a framework or rules (or both) governing the conduct of alternative dispute resolution:
b: requiring the Corporation to pay costs to claimants at the appropriate rate or scale specified in the regulations, which costs may apply whether or not regulations are for the time being in force under paragraph (a):
c: prescribing the time frames for the lodging of review applications about matters under Part 5 section 135(2)
2: In the absence of regulations for the time being in force under subsection (1)(a), the use of alternative dispute resolution and the manner in which it is to be conducted is a matter for agreement between the Corporation and the claimant.
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 328A inserted 1 July 2005 section 55 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 328A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
329: Regulations relating to levies
1: For the purposes of Part 6
a: specifying, in relation to levies, the maximum amounts or deemed minimum amounts of earnings for levy purposes or methods for calculating any of those amounts:
b: prescribing earnings deemed,—
i: for the purposes of section 169(1)
ii: for the purposes of section 169(1)
c: prescribing the rates of levies (including maximum and minimum levies) and specifying the manner in which the Corporation is to determine the levies payable:
ca: prescribing the terms and conditions of the system or systems of experience rating or of risk sharing referred to in section 169(2)
d: prescribing the period to which any levies relate:
e: prescribing, in relation to levies, any discounts to be allowed and any adjustments to be made:
f: prescribing classifications, and categories of earners, for levy purposes:
g: prescribing classifications of industries and risks for the purposes of section 170
h: specifying the threshold that must be met for the purpose of multiple classification in section 170
ha: prescribing the rate of interest payable on any amount exceeding $1,000 under section 173(2)(a)
i: prescribing the rate of interest payable on any amount under section 250(3)
j: providing for levy adjustments and any matters relating to audits of safety management practices referred to in section 175(7)
k: prescribing, in relation to the levy payable under section 213(2)(c)
i: the fuels in respect of which the levy is payable:
ii: the category or categories of any fuel in respect of which the levy is payable:
iii: the rate or rates at which the levy is payable:
iv: the manner in which the levy is to be collected and paid to the Corporation:
v: the persons or classes of person who are entitled to a refund under section 255(1A)
l: establishing a system for differential levies, for the purposes of the Motor Vehicle Account, for categories referred to in—
i: section 216(1)
ii: section 216(2)
m: setting, in relation to a prescribed period, a portion of the Work Account, the Motor Vehicle Account, or the Earners' Account that is necessary to achieve,—
i:
ii:
iii:
ma: prescribing the manner of payment of the Motorcycle Safety levy for the purposes of section 217(3)
n: prescribing classes of levy payers for the purposes of the Treatment Injury Account
o: prescribing exempt amounts of levy for the purpose of section 244
i: a single type of levy; or
ii: 2 or more different types of levies; or
iii: both.
2: Regulations made under subsection (1)(ca) may—
a: specify the types of claims to which the system or systems of experience rating or of risk sharing referred to in section 169(2)
b: make different provision for different classes of levy payers or in respect of different industries or levies.
3: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 407 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 329(1)(a) replaced 12 April 2019 section 6 Accident Compensation Amendment Act 2019 Section 329(1)(b) substituted 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 329(1)(b)(ii) amended 3 March 2010 section 45(1) Accident Compensation Amendment Act 2010 Section 329(1)(ca) inserted 3 March 2010 section 45(2) Accident Compensation Amendment Act 2010 Section 329(1)(g) amended 3 March 2010 section 45(3) Accident Compensation Amendment Act 2010 Section 329(1)(h) amended 3 March 2010 section 45(4) Accident Compensation Amendment Act 2010 Section 329(1)(ha) inserted 30 October 2022 section 15 Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 Section 329(1)(j) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 329(1)(k) substituted 28 June 2003 section 12 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 329(1)(l) substituted 3 March 2010 section 45(5) Accident Compensation Amendment Act 2010 Section 329(1)(m) substituted 3 March 2010 section 45(6) Accident Compensation Amendment Act 2010 Section 329(1)(m)(i) repealed 26 September 2015 section 336A(2)(d) Section 329(1)(m)(ii) repealed 26 September 2015 section 336B(2)(c) Section 329(1)(m)(iii) repealed 26 September 2015 section 336C(2)(c) Section 329(1)(ma) inserted 3 March 2010 section 45(6) Accident Compensation Amendment Act 2010 Section 329(1)(n) amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 329(1)(o) added 1 April 2006 section 56(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 329(2) added 3 March 2010 section 45(7) Accident Compensation Amendment Act 2010 Section 329(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
330: Consultation requirements for regulations relating to classifications, risk rating, or
treatment injury The Minister may not make any recommendation in respect of regulations made under section 329(f) or (g) or (l)(i) or (ma) Treatment Injury Account 1998 No 114 s 408 Section 330 heading amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 Section 330 amended 3 March 2010 section 46 Accident Compensation Amendment Act 2010 Section 330 amended 1 April 2007 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007
331: Consultation
and other
1: The Minister may not recommend the making of regulations under this Act prescribing the rates of levies unless the Minister has first received and considered a recommendation from the Corporation made in accordance with the provisions of this section.
2: The Corporation must consult levy payers before recommending to the Minister that such regulations be made, and that obligation to consult is satisfied if—
a: the Corporation publicly notifies its intention to recommend to the Minister that such regulations be made by publishing in the Gazette
i: stating that the Corporation is proposing to recommend that such regulations be made; and
ii:
iii: explaining the Corporation's proposal to recommend the making of the proposed regulations, or stating where a copy of that explanation may be obtained; and
iv:
v: stating where copies of any actuarial valuation on which levies are based may be obtained; and
vi: inviting members of the public to make written submissions on the proposed regulations; and
vii: stating the last date on which the Corporation will receive written submissions on the proposed regulations (which date must be not less than 28 days after the date of the publication of the notice in the Gazette
b: the Corporation considers all submissions on the proposed regulations that are received by the Corporation not later than the date stated under paragraph (a)(vii).
3: The Corporation must, when recommending to the Minister the making of regulations under this Act prescribing the rates of levies, give effect to—
a: the funding policy statement issued under section 166B
b: any relevant policy direction given under section 103
4: The Corporation must, after recommending to the Minister the making of regulations under this Act prescribing the rates of levies, publish in the Gazette
a: stating that such a recommendation has been made; and
b: stating where copies of the recommendation, and any information that accompanied the recommendation, may be obtained.
5: Nothing in this section obliges the Minister to accept the Corporation's recommendation or prevents the Minister recommending that the regulations prescribe rates of levies different from the rates recommended by the Corporation.
5A: The Corporation must prepare a report in relation to the rates of levies prescribed.
5B: The report required by subsection (5A) must—
a: include, without limitation,—
i: the long-term projections for the relevant Account of solvency rates, levy rates, Account balances, and the lifetime costs of claims in relation to injuries that occur in the year for which the levies apply; and
ii: the key assumptions on which the projections are based, including the assumptions made about claims numbers, trends in underlying costs, growth of the units to which levy rates apply (for example, numbers of vehicles), investment returns, and assumptions about economic conditions and rehabilitation performance; and
b: be prepared in accordance with generally accepted practice within the insurance sector in New Zealand; and
c: be published at the time the regulations prescribing the rates of levies are published under the Legislation Act 2019
6: The consultation procedure contained in subsection (2) constitutes a code that sets out all the obligations of the Corporation in relation to consultation over the process of recommending to the Minister that regulations be made. 1998 No 114 s 409 Section 331 heading amended 24 September 2015 section 6(1) Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 331(2)(a)(ii) repealed 11 May 2005 section 57 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 331(2)(a)(iv) repealed 24 September 2015 section 6(2) Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 331(3) replaced 24 September 2015 section 6(3) Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 331(5A) inserted 24 September 2015 section 6(4) Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 331(5B) inserted 24 September 2015 section 6(4) Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 331(5B)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021
332: Regulations relating to information
1: For the purposes of section 279 section 289(2)
a: prescribing information that is required to be provided and collected for any purposes set out in section 279(2)
b: requiring the prescribed information to be provided and collected in the prescribed manner and by the prescribed due date (if any).
2: The Minister must not make any recommendation under subsection (1) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 332(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
333: General power to make regulations
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: prescribing forms of applications, notices, and other documents required for the purposes of this Act, and requiring the use of such forms:
b: prescribing—
i: the matters in respect of which fees or charges are payable under this Act, including any administration fee payable in respect of levies paid in instalments:
ii: the amounts of those fees or charges, or the method or rates by which they are to be assessed:
iii: the persons liable for payment of those fees or charges:
iv: the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived:
v: the manner in which the fees or charges are to be paid:
c: prescribing the rates of interest payable under this Act:
d: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: For the purposes of the consultation requirements of this Part, the Minister may take into account any relevant consultation undertaken before the commencement of this section.
3: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 412 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 333(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
334: Regulations may confer discretion
No regulation is invalid on the ground that it delegates to, or confers on, any person or body any discretionary authority. 1998 No 114 s 413
335: Regulations may prescribe offences and fines
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: prescribing offences in respect of the breach of, or non-compliance with,—
i: any regulations made under this Act; or
ii: any requirement or direction made or given under any such regulations; and
b: prescribing fines not exceeding $500 in respect of any offences prescribed under this section.
2: Regulations under this section are secondary legislation ( see Part 3 1998 No 114 s 414 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 335(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
336: Amendment of Schedule 2 by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
a: adding or varying the description of a personal injury, together with the corresponding—
i: agents, dusts, compounds, substances, radiation, or things (as the case may be) and, if appropriate, the relevant level or extent of exposure to such agents, dusts, compounds, substances, radiation, or things; or
ii: occupations, industries, or processes; or
b: updating the schedule in order that the schedule may conform with the terminology or recommended practices of any international organisation.
2: The Minister must not make any recommendation under subsection (1) without first consulting the persons or organisations the Minister considers appropriate, having regard to the subject matter of the proposed order.
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 336(1)(a) substituted 1 August 2008 section 30 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 336(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeal of and amendments to provisions relating to residual levies Heading inserted 24 September 2015 section 10 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015
336A: Repeal of and amendments to provisions relating to residual levies for Work Account
1: In this section, effective date
a: 1 April 2019; and
b: a date appointed by the Minister by notice.
2: On the effective date,—
a: in section 167(4)(b) and the purpose specified in section 169AA(1)(a)
b: repeal section 169AA
c: repeal section 169(4)
d: repeal section 329(1)(m)(i)
3: On the effective date, replace section 170(1)
1: For the purpose of setting levies payable under sections 168, 168B, and 211, the Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act.
4: A notice under subsection (1)(b) is secondary legislation ( see Part 3 OIC LI 2015/221 2015-09-26 Accident Compensation Act 2001 Cl 3 of the notice: The effective date for the purposes of sections *** 336A(1)(b) *** , 336B(1)(b), and 336C(1)(b) of the Accident Compensation Act 2001 is 26 September 2015. 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 336A inserted 24 September 2015 section 10 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 336A(1)(b) 26 September 2015 clause 3 Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 Section 336A(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
336B: Repeal of and amendments to provisions relating to residual levies for Motor Vehicle Account
1: In this section, effective date
a: 1 July 2019; and
b: a date appointed by the Minister by notice.
2: On the effective date,—
a: in section 213(7)(b) and the purpose specified in section 215(1)(a)
b: repeal section 215
c: repeal section 329(1)(m)(ii)
3: A notice under subsection (1)(b) is secondary legislation ( see Part 3 OIC LI 2015/221 2015-09-26 Accident Compensation Act 2001 Cl 3 of the notice: The effective date for the purposes of sections 336A(1)(b), *** 336B(1)(b) *** , and 336C(1)(b) of the Accident Compensation Act 2001 is 26 September 2015. 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 336B inserted 24 September 2015 section 10 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 336B(1)(b) 26 September 2015 clause 3 Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 Section 336B(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
336C: Repeal of and amendments to provisions relating to residual levies for Earners’ Account
1: In this section, effective date
a: 1 April 2019; and
b: a date appointed by the Minister by notice.
2: On the effective date,—
a: in section 218(5)(b) and the purpose specified in section 220A(1)(a)
b: repeal section 220A
c: repeal section 329(1)(m)(iii)
3: A notice under subsection (1)(b) is secondary legislation ( see Part 3 OIC LI 2015/221 2015-09-26 Accident Compensation Act 2001 Cl 3 of the notice: The effective date for the purposes of sections 336A(1)(b), 336B(1)(b), and *** 336C(1)(b) *** of the Accident Compensation Act 2001 is 26 September 2015. 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 336C inserted 24 September 2015 section 10 Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015 Section 336C(1)(b) 26 September 2015 clause 3 Accident Compensation (Effective Date for Repeal of Residual Levies Provisions) Notice 2015 Section 336C(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments, repeals, and revocations
337: Consequential amendments
1: The Acts specified in Part 1
2: The regulations specified in Part 2
338: Consequential tax amendments
The Acts specified in Schedule 7
339: Consequential repeals and revocations
1: The Accident Insurance Act 1998 (1998 No 114) and the Accident Insurance (Transitional Provisions) Act 2000 (2000 No 5) are repealed.
2: The orders and regulations listed in Schedule 8
10: Provisions relating to transition from competitive provision of workplace accident insurance
340: Purpose of this Part
The purpose of this Part is to ensure that, despite the repeal of the 1998 Act and the 2000 Act, the orderly transition from the competitive provision of workplace accident insurance continues and, in particular, that—
a: claimants who suffer personal injury to which an accident insurance contract under the 1998 Act applies continue to have access to cover and entitlements; and
b: all persons who should be contributing to the cost of claims to which an accident insurance contract applies do so; and
c: the infrastructure and powers connected with the competitive provision of workplace accident insurance continue in place as appropriate.
341: Interpretation
1: In this Part,— 1998 Act 2000 Act accident insurance contract insurer
a: an employer who, because of a risk sharing agreement with an insurer, is responsible for providing claims management services in relation to cover and statutory entitlements for the employer's employees:
b: the administrator of an insurer, in the administrator's role under this Part:
c: the Regulator, in the Regulator's role of meeting obligations of an insolvent insurer under this Part:
d: the Regulator, in the Regulator's role of administering the Non-Compliers Fund under this Part unless this has been transferred to the Corporation under section 345
e: where the context requires, the Corporation.
2: In this Part, unless the context otherwise requires, terms not defined in this Part but defined in the 1998 Act have, in this Part, the same meanings as in the 1998 Act. 1998 No 114 s 356 Savings in respect of accident insurance contracts and injuries to which contracts apply
342: Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
1: The 1998 Act continues to apply, despite its repeal and with any necessary modifications, for the purposes of this Part in respect of—
a: any personal injury to which an accident insurance contract applies; and
b: any accident insurance contract; and
c: any obligations of an insurer in relation to work-related gradual process, disease, or infection, or to subsequent injuries.
2: In particular, without limitation,—
a: the 1998 Act continues to apply in respect of any personal injury suffered on or after 1 July 1999 and before 1 July 2000; and
b: Parts 2 to 6, Part 12, and Schedules 1 to 4 of the 1998 Act continue to apply, with necessary modifications, to determine what personal injury is covered, how to make claims, what the entitlements are, and how to resolve disputes about claims; and
c: all relevant and necessary terms of the accident insurance contract continue to have effect (whether those terms are express or are implied by the 1998 Act); and
d: all relevant and necessary terms of any risk sharing agreement continue to have effect. Savings in respect of other ongoing matters under 1998 Act
343: Saving in respect of other ongoing matters under 1998 Act
1: Sections 194 and 195 and Parts 8 (except section 236), 9, and 12 (except sections 360 to 363, 370, 371,
a: despite their repeal by this Act; and
b: as amended by this Part; and
c: with any other necessary modifications.
2: Despite subsection (1), section 236 continues to apply for the purposes of this Part until the levy for the 2000/01 year has been paid. Section 343(1) amended 1 December 2020 section 190 Privacy Act 2020
344: Funding of Regulator
1: The purpose of this section is to provide for the recovery of the cost to the Crown of the performance of the Regulator's residual functions under the 1998 Act (as saved by this Part).
2: The Regulator may, in respect of periods on and after 1 April 2002, impose administrative sanctions on insurers in respect of any failure to comply with the insurer's obligations under the 1998 Act by—
a: requiring an insurer to remedy the default within a period specified by the Regulator; and
b: requiring an insurer to meet any costs reasonably incurred by the Regulator in carrying out that function or in remedying any default that an insurer fails to remedy.
3: The costs in subsection (2)(b) are recoverable as a debt due to the Regulator in any court of competent jurisdiction together with any interest on that amount that may be specified by the Regulator.
345: Regulator's functions in respect of Non-Compliers Fund
1: The Minister may direct the Corporation to assume the Regulator's role in relation to the Non-Compliers Fund.
2: A direction under subsection (1) is a policy direction for the purposes of section 103
3: The effect of a direction under subsection (1) is that the Corporation assumes the role of the Regulator in all respects in relation to the Non-Compliers Fund and the Regulator has no further responsibilities in relation to the Fund.
4: The Corporation and the Regulator must then enter into an agreement to achieve the effect of the direction. Section 345(2) amended 18 July 2013 section 42 Crown Entities Amendment Act 2013
346: Amendments to 1998 Act
1: In respect of any period after 1 April 2000, the expression managing insurer Part 11
(2)–(6): Amendment(s) incorporated in the Act(s)
347: Saving in respect of 2000 Act
1: Sections 5(1) to (3), 7, 10, 11, and 12 of the 2000 Act continue to apply for the purposes of this Part despite their repeal by this Act, with any necessary modifications.
2: All obligations taken on by the Corporation or an insurer under section 7 of the 2000 Act continue to be obligations of the Corporation or that insurer. Savings in respect of public health acute services
348: Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
1: The Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
2: For the purposes of this section, the definition of public health acute service in section 13(1) of the Accident Insurance Act 1998 applies despite the repeal of that Act by this Act. Regulations
349: Regulations
1: For the purposes of this Part, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: prescribing the information that must be contained in returns to be provided to the Regulator under section 194 of the 1998 Act:
b: prescribing what is or is not included within the term total gross premiums in the 1998 Act:
c: prescribing a percentage for the purpose of section 247(5) of the 1998 Act:
d: prescribing rates of interest under the 1998 Act:
e: providing for the levy referred to in section 236 of the 1998 Act in respect of the 2000/2001 financial year:
f: prescribing transitional and savings provisions for the purpose of ensuring that the rights and obligations of insurers, employers, and insureds arising under the 1998 Act and the 2000 Act continue.
2: The Minister must not make a recommendation under subsection (1)(b) without first consulting insurers.
3: Regulations made under subsection (1)(f) may (without limitation) provide that, subject to any conditions specified in the regulations,—
a: specified provisions of the 1998 Act do not apply:
b: specified provisions of the 1998 Act continue to apply, with any specified amendments, during a specified transitional period:
c: specified provisions of any regulations, Orders in Council, or notices made or given under the 1998 Act continue to apply, with any specified amendments, during a specified transitional period.
4: No regulations may be made under subsection (1)(f) after 31 March 2005.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 349(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
11: Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Interpretation
350: Interpretation
In this Part, unless the context otherwise requires,— claims Corporation 1998 No 114 s 418
351: References to former Acts
A former Act, or a section in a former Act, applied by or under any of sections 352 to 400 1998 No 114 s 418 Purpose of this Part
352: Purpose of this Part
The purpose of this Part is to set out—
a: how the Corporation is to determine under this Act whether or not a person has cover for a personal injury suffered before 1 April 2002, which may involve applying a former Act:
b: the entitlements that the Corporation is required to provide under Part 4 Schedule 1
c: transitional provisions relating to reviews and appeals arising from decisions under the former Acts:
d: financial provisions that—
i: provide for the allocation of funds in Accounts under the Accident Insurance Act 1998 to Accounts under this Act; and
ii: maintain obligations relating to premiums, levies, and other payments due under the former Acts; and
iii: deal with other miscellaneous matters. 1998 No 114 s 420 Application of this Part
353: Part not to apply to certain claims
This Part does not apply to claims for cover or entitlement in respect of personal injury to which the Accident Insurance Act 1998 continues to apply under Part 10 Cover for personal injury suffered before 1 April 2002
354: Processing of claims
Part 3
355: Claims for cover accepted under former Acts
1: A person who has had a claim for cover accepted before 1 April 2002 for personal injury covered by the former Acts continues to have cover, and this Part applies accordingly.
2: Subsection (1) does not apply if it is determined on or after 1 April 2002 that the person did not suffer personal injury covered by the former Acts. 1998 No 114 s 421
356: Claim for cover lodged but not yet determined if injury suffered before 1 July 1992
1: Subsection (2) applies to a claim for cover that—
a: is for personal injury suffered before 1 July 1992; and
b: was lodged with the Corporation before 1 October 1992 and before 1 July 1999; and
c: was not determined before 1 April 2002.
2: A claimant has cover under this Act only if the claimant would have had cover under the Accident Compensation Act 1982.
3: Subsection (4) applies to a claim for cover that—
a: is for personal injury suffered before 1 July 1992; and
b: was lodged with the Corporation on or after 1 October 1992 and before 1 July 1999; and
c: was not determined before 1 April 2002.
4: A claimant has cover under this Act only if the claimant would have had cover under both—
a: the Accident Compensation Act 1982; and
b: the Accident Rehabilitation and Compensation Insurance Act 1992.
5: Subsection (6) applies to a claim for cover that—
a: is for personal injury suffered before 1 July 1992; and
b: was lodged with the Corporation on or after 1 July 1999 and before 1 April 2002; and
c: was not determined before 1 April 2002.
6: A claimant has cover under this Act only if the claimant would have had cover under—
a: the Accident Compensation Act 1982; and
b: the Accident Rehabilitation and Compensation Insurance Act 1992; and
c: the Accident Insurance Act 1998. 1998 No 114 s 422
357: Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999
1: Subsection (2) applies to a claim for cover for personal injury that—
a: is for personal injury suffered on or after 1 July 1992 but before 1 July 1999; and
b: was lodged with the Corporation before 1 July 1999; and
c: was not determined before 1 April 2002.
2: A claimant has cover under this Act only if the claimant would have had cover under the Accident Rehabilitation and Compensation Insurance Act 1992 1998 No 114 s 422
358: Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002
1: Subsection (2) applies to a claim for cover for personal injury that—
a: is for personal injury suffered on or after 1 July 1992 but before 1 April 2002; and
b: is lodged with the Corporation on or after 1 July 1999 but before 1 April 2002; and
c: is not determined before 1 April 2002.
2: A claimant has cover under this Act only if the claimant would have had cover under the Accident Insurance Act 1998
359: Injuries suffered before 1 April 1974
1: This Act does not confer cover in relation to an injury suffered before 1 April 1974.
2: Subsection (1) applies subject to section 30(6) and (7) 1998 No 114 s 423
360: Claim for cover under former Acts not lodged until on or after 1 April 2002
1: Subsection (2) applies to a claim for cover, if the claim—
a: is for personal injury suffered before 1 April 2002; and
b: is not lodged with the Corporation before 1 April 2002.
2: A claimant has cover under this Act only if—
a: the claimant would have had cover under this Act, had the injury occurred on or after 1 April 2002; and
b: the claimant would have had cover under the Act that was in force at the time that the person suffered the injury.
3: This section is subject to section 34 Section 360(3) inserted 5 December 2013 section 7 Accident Compensation Amendment Act (No 2) 2013
361: Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992
A person does not have cover for personal injury caused by a work-related gradual process, disease, or infection if the person—
a: suffered the personal injury because, before 1 April 1974, he or she performed a task, or worked in an environment, in the circumstances described in section 30(2)
b: died before 1 July 1992. 1998 No 114 s 424 First week compensation for incapacity commencing before 1 April 2002
362: First week compensation for incapacity commencing before 1 April 2002
1: This section applies to a person who,—
a: immediately before 1 April 2002, was entitled to compensation under section 76 or section 425 of the Accident Insurance Act 1998; and
b: on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been repealed.
2: On and after 1 April 2002, the person continues to be entitled to compensation under whichever of those sections applies to him or her.
3: To avoid doubt, this section does not apply in relation to any period of incapacity that commences on or after 1 April 2002. 1998 No 114 s 425 Entitlements for personal injury suffered before 1 April 2002
363: Application of sections 364 to 387
1: Sections 364 to 380 sections 355 to 360
2: Sections 381 to 387 or partner
3: The provision of entitlements arising from cover accepted under any of sections 355 to 360 Part 4 Schedule 1 sections 364 to 391 1998 No 114 s 426 Section 363(2) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Treatment
364: Treatment
Schedule 1 of the Accident Insurance Act 1998 continues to apply to treatment if—
a: a person has been provided with, or the Corporation has agreed in writing to pay for, treatment before 1 April 2002; and
b: the person is entitled to that treatment as at the close of 31 March 2002. 1998 No 114 s 427 Weekly compensation
365: Weekly compensation under Accident Insurance Act 1998
1: This section applies to a person who,—
a: immediately before 1 April 2002, was entitled to compensation specified in subsection (2); and
b: on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been repealed.
2: The compensation is weekly compensation—
a: based on weekly earnings calculated under section 287 or clauses 7 to 22 of Schedule 1 of the Accident Insurance Act 1998; or
b: paid at an agreed rate under section 302C of that Act; or
c: continued under section 428 or section 429 of that Act.
3: On and after 1 April 2002, the compensation under subsection (2) continues to be payable at the rate payable as if it were calculated under this Act.
4: However, the person's continued eligibility for weekly compensation and adjustments to the rate at which it is paid are subject to this Act.
5: Despite subclause (4), clause 42
a: the Accident Compensation Act 1972; or
b: the Accident Compensation Act 1982. 1998 No 114 s 428
366: Weekly earnings of certain claimants increased
1: This section applies to a claimant who, immediately before 1 April 2002,—
a: is entitled to weekly compensation for loss of potential earning capacity under clause 22 of Schedule 1 of the Accident Insurance Act 1998 or section 46 of the Accident Rehabilitation and Compensation Insurance Act 1992; or
b: was not receiving weekly compensation calculated under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, and had weekly earnings less than the minimum weekly earnings determined under clause 42(3)
i: in full-time employment; or
ii: liable to pay the minimum annual earner premium.
2: For the purpose of calculating weekly compensation for loss of earnings payable to the claimant, the claimant is deemed to have had, immediately before 1 April 2002, the minimum weekly earnings as determined, at the commencement of this Act, under clause 42(3) Section 366(1)(b) amended 1 August 2008 section 31 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008
367: Multiple employment
1: For the purposes of this section, weekly earnings
a: weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and Compensation Insurance Act 1992; and
b: relevant earnings determined under the Accident Compensation Act 1972 or the Accident Compensation Act 1982.
2: The weekly compensation under section 365
a: the person's weekly compensation is not based on weekly earnings from all employments in which he or she was engaged at the date of commencement of any period of incapacity for which he or she is receiving weekly compensation immediately before 1 April 2002; and
b: a period of incapacity commences on or after 1 April 2002 for 1 or more of the employments referred to in paragraph (a).
3: The weekly compensation must be recalculated—
a: by recalculating weekly earnings as if the person were incapacitated for all employments engaged in at the commencement of the period of incapacity referred to in subsection (2)(a); and
b: by applying the method of calculation provided for in whichever of the former Acts applied at the commencement of that period of incapacity; and
c: by multiplying the weekly earnings calculated under paragraph (a) by 80%.
4: The weekly compensation recalculated under subsection (3) must be adjusted in accordance with any Orders in Council and any regulations that apply since the weekly earnings were first calculated.
5: Weekly compensation recalculated under subsection (3) is payable only from the date of the commencement of the period of incapacity referred to in subsection (2)(b).
368: Weekly payments for permanent incapacity under 1972 and 1982 Acts
1: Section 369 clause 51
2: Subsection (3) applies to a person who—
a: was receiving a payment under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982 immediately before 1 April 2002; and
b: continues to receive it after that date under section 365(3)
c: suffers a deterioration of his or her condition caused by the personal injury or another personal injury covered by this Act that results in loss of earnings.
3: The weekly payment payable to the person is the greater of—
a: the weekly compensation calculated under Part 2
b: the weekly amount payable under section 365(3)
4: No compensation is payable under this section or section 365
a: an assessment of compensation has been made under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982; and
b: the assessment was completed—
i: before 1 October 1992; or
ii: on or after 1 October 1992 only because an application for review of a decision about the assessment was lodged before 1 October 1992 under Part 9 of the Accident Compensation Act 1982. 1998 No 114 s 431
369: Cessation of weekly compensation under any former Act because of capacity for work
1: Sections 100 to 113 section 365
2: An assessment of capacity to work that was commenced under a former Act and not completed before the commencement of this Act may be completed under the former Act and have effect as if it were an assessment of vocational independence under this Act. 1998 No 114 s 433 Section 369(2) substituted 11 May 2005 section 58 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
370: Cessation of weekly compensation under any former Act because of national superannuation qualification age
Clauses 52 53 section 365 1998 No 114 s 434
371: Interest on late payments of weekly compensation
1: Despite section 339
2: Despite section 339
a: section 101 of the Accident Insurance Act 1998 continues in effect as if that section had not been repealed; but
b: section 101 1998 No 114 s 458 Rehabilitation
372: Individual rehabilitation plan
1: An individual rehabilitation plan under any of the former Acts that was in effect immediately before 1 April 2002 continues to have effect on and after that date in the form it had at the close of 31 March 2002.
2: Subsection (3) applies if an element of the individual rehabilitation plan was agreed to be provided but was not in fact provided before 1 April 2002.
3: When this subsection applies, the following provisions of the relevant former Act continue to apply to the provision of the element of the individual rehabilitation plan that was agreed to be provided:
a: in the case of an element included in the plan by way of a modification to the plan, the provisions of the former Act that applied at the time of the modification:
b: in any other case, the provisions of the former Act that applied at the time the element was agreed.
4: Either the Corporation or a claimant may initiate a modification to a plan to which subsection (1) applies, but the modification must be made in accordance with clause 10 Part 4 Schedule 1
5: This section does not apply to the social rehabilitation element of an individual rehabilitation programme prepared under the Accident Rehabilitation and Compensation Insurance (Complex Personal Injury) Interim Regulations 1994.
6: Despite section 339 1998 No 114 s 436
373: Time limit on vocational rehabilitation
In relation to vocational rehabilitation provided to a person before 1 April 2002, the 3-year limitation in section 87(2)
a: 2 September 1996; or
b: the date on which vocational rehabilitation began to be provided to the person. 1998 No 114 s 440
374: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help
1: This section applies if—
a: a person was receiving compensation at a weekly rate of $350 or more immediately before 1 July 1992; and
b: the compensation was paid under section 80 of the Accident Compensation Act 1982 or section 121 of the Accident Compensation Act 1972 and was for—
i: attendant care, meaning personal care and mobility assistance necessary for the injured person; or
ii: household help, meaning provision of assistance for domestic activities that would be performed by the injured person if not injured and that is necessary to enable the person to remain in or take up suitable residence; and
c: the compensation was payable because of section 149(3) or (4) of the Accident Rehabilitation and Compensation Insurance Act 1992.
2: The sections referred to in subsection (1)(b)—
a: continue to apply to the person and to his or her entitlement to attendant care or household help; and
b: can be used from time to time to reassess the person's entitlement to attendant care or household help.
3: The person—
a: is not entitled to receive attendant care or home help under clauses 12 to 23
b: is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to attendant care or home help under clauses 12 to 23
4: A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlements to attendant care and home help determined from then on under clauses 12 to 23
5: For the purposes of subsection (1), a person was receiving compensation immediately before 1 July 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an application for review made before 1 October 1992. 1998 No 114 s 437
375: Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care
Section 438 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive, immediately before 1 April 2002, compensation under that section. 1998 No 114 s 438
376: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
Section 439 of the Accident Insurance Act 1998 continues to apply in respect of a person who was entitled to receive, immediately before 1 April 2002, compensation under that section. 1998 No 114 s 439 Independence allowance
377: Independence allowance for personal injury suffered before 1 July 1999
1: On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have effect.
2: A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsection (3).
3: The modifications are that—
a: any assessment or reassessment must be done on the basis of whole-person impairment for the combined effect of all injuries suffered before 1 July 1999 for which the person has cover; and
b: the percentage of impairment for which any lump sum compensation was received under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, must be deducted from the percentage of combined whole-person impairment assessed in accordance with paragraph (a); and
c: the independence allowance based on the first assessment is payable as from,—
i: in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, the date of the application for an independence allowance; or
ii: in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992. Section 377 substituted 1 July 2005 section 59 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005
378: Personal injury suffered on or after 1 July 1999 and before 1 April 2002
1: The provisions of Part 4 of Schedule 1 of the Accident Insurance Act 1998 continue to apply to personal injury suffered on or after 1 July 1999 and before 1 April 2002, irrespective of when the claim for cover in respect of that personal injury was or is lodged.
2: The amounts referred to in clause 62(1) of Schedule 1 of the Accident Insurance Act 1998, as adjusted under section 103 of that Act, must be adjusted in accordance with section 388
3: Despite section 339 following subsections
2: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of clauses 60 and 61 of Schedule 1 that—
a: refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the Evaluation of Permanent Impairment:
b: refer to, or incorporate by reference, guides, frameworks, or other standards:
c: prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part, anything referred to in paragraph (a) or paragraph (b):
d: do any of a combination of things referred to in paragraph (a) or paragraph (b) or paragraph (c).
2A: Regulations under subsection (2) are secondary legislation ( see Part 3
2B: Subpart 1 section 114 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under substituted section 403(2) of the Accident Insurance Act 1998. Legislation Act 2019 requirements for secondary legislation made under substituted section 403(2) of the Accident Insurance Act 1998 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 378(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 378(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 378(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
379: Payment of independence allowance to claimant outside New Zealand
1: The Corporation must not
2: If an independence allowance is payable outside New Zealand and the claimant's continuing right to receive that allowance is to be assessed, the Corporation is not required to
a: any costs incurred by the claimant overseas; or
b: any costs relating to the return of the claimant to New Zealand for assessment. Section 379(1) amended 11 May 2005 section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Section 379(2) amended 1 July 2005 section 60(7) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 Lump sum compensation under former Acts
380: Lump sum compensation under former Acts
1: Lump sum compensation previously payable under the Accident Compensation Act 1972 or the Accident Compensation Act 1982 is payable if—
a: a claim for the lump sum compensation in respect of the personal injury was lodged before 1 October 1992; and
b: a decision made by the Corporation before 1 July 1995—
i: was made under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982; and
ii: is subject to a valid late application for review or appeal by the claimant.
2: If the claim for cover was accepted by the Corporation as 1 claim, despite there being several incidents to which the personal injury might have been attributable, the only additional lump sum compensation that may be paid in relation to the claim is an amount up to the balance of the maximum that was payable under section 120 of the Accident Compensation Act 1972 or section 79 of the Accident Compensation Act 1982 for 1 claim, irrespective of the number of incidents involved.
3: Subsection (2) is subject to subsection (1). Entitlements arising from fatal injuries
381: Funeral expenses for death before 1 April 2002
On or after 1 April 2002, a funeral grant is payable under clause 64
a: a person died before that date as a result of personal injury covered by the former Acts; and
b: the Corporation has not paid a grant for funeral expenses before that date. 1998 No 114 s 443
382: Survivor's grant to surviving spouses
or partners
1: On or after 1 April 2002, a survivor's grant is payable under clause 65
a: a person died on or after 1 July 1992 and before 1 April 2002 as a result of personal injury covered by the Accident Rehabilitation and Compensation Insurance Act 1992 or the Accident Insurance Act 1998; and
b: a survivor of that person is entitled to be paid a survivor's grant before 1 April 2002; and
c: the Corporation has not paid a survivor's grant to that survivor before 1 April 2002.
2: If a person died before 1 July 1992 as a result of personal injury by accident within the meaning of the Accident Compensation Act 1982, section 82 of that Act, and the provisions of that Act on dependency, as they relate to lump sums payable under that section, apply to any spouse or partner 1998 No 114 s 444 Section 382 heading amended 26 April 2005 section 8(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 382(2) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
383: Compensation payable to surviving spouses
or partners
1: This section applies if, immediately before 1 April 2002, any spouse or partner
2: The compensation continues to be payable and to be paid as if it had been calculated under Part 4
3: Compensation payable to a surviving spouse or partner clauses 66 to 69 or partner
4: Compensation payable to a child ceases on the date it would cease if clause 70
5: Compensation payable to any other dependant ceases on the date it would cease if clauses 71 to 73 1998 No 114 s 445 Section 383 heading amended 26 April 2005 section 8(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 383(1) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 383(3) amended 26 April 2005 section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005
384: Compensation payable to surviving spouses
or de facto partners
1: Section 446 of the Accident Insurance Act 1998 continues to apply in respect of the spouse or de facto partner
1A: However, despite subsection (1), the spouse or de facto partner may choose to convert the entitlement to compensation under section 446 of the Accident Insurance Act 1998 to 1 or more aggregated payments and, in those circumstances, clause 67 clause 66
2: For the purposes of subsection (1), section 446 continues to apply as if subsection (3) of that section provided as follows:
3: The compensation ceases on the earlier of the following dates:
a: the date on which the youngest child of the claimant of whom the surviving spouse had care turns 18 years:
b: the date on which the surviving spouse ceases to have the care of all children of the claimant who were in the surviving spouse's care.
2A: For the purposes of subsection (1), section 446 continues to apply as if subsection (4) of that section provided as follows:
4: The compensation does not cease if, when compensation would otherwise cease under subsection (3), the spouse—
a: is 45 years or older; or
b: would have been entitled to continue to receive compensation under section 123 of the Accident Compensation Act 1972 or section 65 of the Accident Compensation Act 1982.
3: For the purposes of subsection (1), section 446 continues to apply as if, after subsection (5), the following subsection were inserted:
5A: However, a surviving spouse who enters into a relationship in the nature of marriage before 1 July 1999 is to be treated as if he or she had entered into the relationship on 1 July 1999. 1998 No 114 s 446(1), (2) Section 384 heading amended 26 April 2005 section 6(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 384(1) amended 26 April 2005 section 6(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 Section 384(1A) inserted 1 August 2008 section 32 Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 Section 384(2A) inserted 22 October 2003 section 9 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003
385: Compensation payable to children and other dependants under 1972 and 1982 Acts
Section 447 of the Accident Insurance Act 1998 continues to apply in respect of a child or any other dependant of a deceased person who was entitled to receive, immediately before 1 April 2002, compensation under that section. 1998 No 114 s 447(1), (2)
386: Child care payments for children of deceased persons
1: A person who, at the close of 31 March 2002, was entitled, because of section 448 of the Accident Insurance Act 1998, to receive compensation under clause 76 of Schedule 1 of that Act, continues to be entitled to receive it after that date.
2: However, the person's entitlement after that date is to be determined in accordance with Schedule 1 1998 No 114 s 448
387: Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person
1: This section applies if,—
a: immediately before 1 July 1992, a person ( person A person B
b: the compensation was payable under section 121 of the Accident Compensation Act 1972 or section 80 of the Accident Compensation Act 1982; and
c: the compensation was payable because of section 149(7)
2: The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)—
a: continue to apply to person A and to his or her entitlement to child care, but not other loss of quantifiable service; and
b: may be used from time to time to reassess person A's entitlement to child care.
3: Person A—
a: is not entitled to receive a payment for child care under clause 76
b: is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to a payment for child care under clause 76
4: A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlement to a payment for child care determined from then on under clause 76
5: A person was receiving compensation immediately before 1 July 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an application for review made before 1 October 1992. 1998 No 114 s 449 Section 387(1)(c) amended 22 October 2003 section 10 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003
388: Indexation of certain entitlements payable under former Acts
1: Sections 115 116
2: If an amount has been adjusted under any of sections 115 116
3: However, the Corporation must adjust the amounts payable under sections 377 378
4: An adjustment required by subsection (3)—
a: must be in accordance with a prescribed formula or prescribed formulas relating to movements in the Consumers
b: has effect on and from the prescribed date or dates. 1998 No 114 s 460 Section 388(4)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Disentitlements
389: Disentitling sections apply
1: Sections 118 to 122 sections 364 to 376 380 to 387
2: Sections 117 to 123 of the Accident Insurance Act 1998 continue to apply to the payment of an independence allowance. 1998 No 114 s 450 Revision of decisions under former Acts
390: Corporation may revise decisions
1: The Corporation may revise any decision specified in subsection (2) if it appears to the Corporation that the decision was made in error, whatever the reason for the error.
2: The decisions are the following decisions made before the commencement of this Act:
a: decisions made by the Corporation (including decisions about premiums):
b: decisions not made by the Corporation, but made in respect of claims that the Corporation is responsible for managing.
3: In revising a decision, the Corporation must apply the Act that applied at the time when the decision being revised was made.
4: The Corporation may revise a decision that, by operation of section 66(1) of the Accident Insurance Act 1998, it has accepted a claim.
5: However, if the Corporation issues a decision in reliance on subsection (4), the Corporation may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant made statements or provided information that are, in the opinion of the Corporation, fraudulent or intentionally misleading.
6: A revision may—
a: amend the original decision; or
b: revoke the original decision and substitute a new decision.
7: Every amendment to a decision, and every substituted decision, is a fresh decision.
8: Part 5 1998 No 114 s 452 Review and appeals
391: Review and appeal proceedings for decisions under former Acts
1: Part 9 of the Accident Compensation Act 1982 continues in force in order to apply to any decision made by the Corporation—
a: under the Accident Compensation Act 1972 or the Accident Compensation Act 1982; or
b: under either of those Acts, as applied by section 453 of the Accident Insurance Act 1998 or as applied by this Act.
1A: Subsection (1) is subject to the following qualifications:
a: any appeal to which subsection (1) applies that is commenced on or after the date on which this subsection comes into force must be made to the District Court and not to the Accident Compensation Appeal Authority; and
b: to the extent practicable, the procedure for such an appeal is to be the same as the procedure for appeals under Part 5
2: Part 6 of the Accident Rehabilitation and Compensation Insurance Act 1992
a: the application was made or the appeal was filed before 1 July 1999; and
b: subsection (1) does not apply.
3: Part 6 of the Accident Insurance Act 1998
a: the application was made or the appeal was filed before 1 April 2002; and
b: subsections (1) and (2) do not apply.
3A: Subsection (3) is subject to section 4(2)
4: Part 5 1998 No 114 s 453 Section 391(1A) inserted 12 April 2019 section 7 Accident Compensation Amendment Act 2019 Section 391(3A) inserted 24 November 2003 section 4(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Financial provisions
392: Allocation of existing funds
1: All funds held by the Corporation in any of the following Accounts under the Accident Insurance Act 1998
a: funds in the Employers' Account under section 281A of the Accident Insurance Act 1998 are to be allocated to the Employers' Account:
b: funds in the Earners' Account under section 282 of that Act are to be allocated to the Earners' Account:
c: funds in the Non-Earners' Account under section 290 of that Act are to be allocated to the Non-Earners' Account:
d: funds in the Motor Vehicle Account under section 291 of that Act are to be allocated to the Motor Vehicle Account:
e: funds in the Medical Misadventure Account under section 296 of that Act are to be allocated to the Medical Misadventure Account:
f: funds in the Self-Employed Work Account under section 299 of that Act are to be allocated to the Self-Employed Work Account:
g: funds in the Residual Claims Account under section 303 of that Act are to be allocated to the Residual Claims Account.
2: In this section, funds 1998 No 114 s 454
393: Levies, premiums, and other payments under former Acts
1: Section 457 of the Accident Insurance Act 1998 continues to apply to any levy or premium paid or payable under the Accident Compensation Act 1972, the Accident Compensation Act 1982, or the Accident Rehabilitation and Compensation Insurance Act 1992, as if it had not been repealed.
2: For the purposes of subsection (1), sections 464 to 477 of the Accident Insurance Act 1998 continue to apply as if that Act had not been repealed.
3: All the provisions of Part 10 of the Accident Insurance Act 1998 and of every regulation and Order in Council made under that Act that relate to premiums or levies (including provisions relating to classification of industries and experience rating), that are in force immediately before the commencement of this section, continue in force and apply in respect of any obligation arising on or after 1 July 1999 and before 1 April 2002 as if that Act and those provisions had not been repealed or revoked, and also continue in force to the extent required to enforce those obligations.
4: For the avoidance of doubt, no obligation to pay any premium, and no right to receive or recover any premium, is suspended because—
a: an applicant has made a review application relating to the premium in accordance with section 134 section 236 section 391
b: an appellant has filed a notice of appeal relating to the premium payable by him or her; or
c: any person has challenged the amount of premium, or the obligation to pay it, in any other proceedings. 1998 No 114 s 457 Accredited employers
394: Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
Section 459 of the Accident Insurance Act 1998 continues to apply to provisions in every agreement between the Corporation and an employer under section 105(2) of the Accident Rehabilitation and Compensation Insurance Act 1992 that create any rights or obligations in respect of work injury (within the meaning of that Act) suffered by a person before 1 July 1999. 1998 No 114 s 459
395: Accredited employers under Accident Insurance Act 1998
1: The framework in force under Part 10A of the Accident Insurance Act 1998 immediately before the commencement of this Act—
a: is to be regarded as the framework for the purposes of this Act; and
b: continues to apply subject to Part 6
2: An accreditation agreement in force under Part 10A of the Accident Insurance Act 1998 immediately before the commencement of this Act—
a: is to be regarded as an accreditation agreement for the purposes of this Act; and
b: continues to apply subject to Part 6 Regulations
396: Regulations providing for transitional matters
Section 396 expired 1 April 2003 section 397
397: Expiry of section 396
Section 396 Relationship of HSE levy and reserves portion
398: Collection of HSE levy
Section 478 of the Accident Insurance Act 1998 continues to apply to the levy payable by employers and self-employed persons under section 59 Transitional provisions relating to Corporation
399: Corporation in lead-up to commencement of this Act
The Corporation may, before 1 April 2002, perform any functions and duties of the Corporation, and do anything for the purposes of this Act, so far as may be necessary or expedient for the purpose of giving effect to the provisions of this Act. 1998 No 114 s 481(1)
400: Transfer of rights and liabilities under former Acts
From the commencement of this Act,—
a: all real and personal property of the Corporation and all rights and liabilities of the Corporation in existence before the commencement of this section vest in the Corporation continued by this Act; and
b: all proceedings pending by or against the Corporation before the commencement of this section may be carried on, completed, or enforced by or against the Corporation continued by this Act. 1998 No 114 s 482 Savings provision relating to references to premiums
401: References to premiums under former Act include levies under this Act
1: Unless the context otherwise requires, all references in any enactment or document to premiums or levies paid or payable under any former Act must be read as including a reference to levies paid or payable under this Act.
2: Unless the context otherwise requires, all references in any enactment or document to levies paid or payable under this Act must be read as including a reference to premiums or levies paid or payable under any former Act. Disestablishment of Accident Compensation Appeal Authority Heading inserted 12 April 2019 section 8 Accident Compensation Amendment Act 2019
402: Disestablishment of Accident Compensation Appeal Authority
1: The Accident Compensation Appeal Authority that was established by section 155 of the Accident Compensation Act 1972 section 103 of the Accident Compensation Act 1982
2: No member or employee of the Authority before its disestablishment is entitled to any payment or compensation for any loss arising out of the disestablishment. Section 402 inserted 12 April 2019 section 8 Accident Compensation Amendment Act 2019 |
DLM85952 | 2001 | 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) |
DLM91241 | 2001 | Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 | 1: Title
1: This Act may be cited as the Crimes (Bribery of Foreign Public Officials) 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.
3: Purpose
The purpose of this Act is to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Bribery of public officials
4: Bribery of judicial officer, etc
Section 101(2) 5 years 7 years
5: Corruption and bribery of member of Parliament
Section 103(2) 3 years 7 years
6: Corruption and bribery of law enforcement officer
Section 104(2) 3 years 7 years
7: Corruption and bribery of official
Section 105(2) 3 years 7 years
8: New
sections 105C to 105E The principal Act is amended by inserting, after section 105B
105C: Bribery of foreign public official
1: In this section and in sections 105D and 105E benefit foreign country
a: a territory for whose international relations the government of a foreign country is responsible; and
b: an organised foreign area or entity including an autonomous territory or a separate customs territory foreign government foreign public agency foreign public enterprise
a: a company, wherever incorporated, that—
i: a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i)
b: a person or body (other than a company), wherever situated, that—
i: a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) apply foreign public official
a: a member or officer of the executive, judiciary, or legislature of a foreign country:
b: a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation:
c: a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation public international organisation
a: an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation:
b: an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations:
c: an organisation constituted by persons representing 2 or more countries or 2 or more governments:
d: an organisation that is part of an organisation referred to in any of paragraphs (a) to (c) routine government action
a: any decision about—
i: whether to award new business; or
ii: whether to continue existing business with any particular person or body; or
iii: the terms of new business or existing business; or
b: any action that is outside the scope of the ordinary duties of that official.
2: Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official's authority) in order to—
a: obtain or retain business; or
b: obtain any improper advantage in the conduct of business.
3: This section does not apply if—
a: the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and
b: the value of the benefit is small.
4: This section is subject to section 105E
105D: Bribery outside New Zealand of foreign public official
1: Every one commits an offence who, being a person described in subsection (2) section 105C
2: Subsection (1)
a: a New Zealand citizen; or
b: ordinarily resident in New Zealand; or
c: a body corporate incorporated in New Zealand; or
d: a corporation sole incorporated in New Zealand.
3: Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C
4: This section is subject to section 105E
105E: Exception for acts lawful in country of foreign public official
1: Sections 105C and 105D
a: was done outside New Zealand; and
b: was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organisation, or other body for whom the foreign public official is employed or otherwise provides services, is situated.
2: If a person is charged with an offence under section 105C or section 105D subsection (1)(b)
9: Restrictions on prosecution
Section 106(1) and 105B of this Act 105B, 105C, and 105D Extradition of offenders
10: Crimes against
sections 105C 105D
1: For the purposes of the Extradition Act 1999 section 15 104 sections 105C 105D
2: If subsection (1) Extradition Act 1999
3: This section does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
4: A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Bribery Convention is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section,— Bribery Convention foreign country Amendments to
Mutual Assistance in Criminal Matters Act 1992
11: Amendments to Mutual Assistance in Criminal Matters Act 1992
Section 11 repealed 18 June 2002 14(2)(a) Mutual Assistance in Criminal Matters Amendment Act 2002 Amendment to
Extradition Act 1999
12: Amendment to
Extradition Act 1999 The Extradition Act 1999 Schedule 2 |
DLM119947 | 2001 | Crimes (Criminal Appeals) Amendment Act 2001 | 1: Title
1: This Act is the Crimes (Criminal Appeals) Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
1: Amendments to principal Act
3: Interpretation
Section 379 rules of Court and section 51C Judicature Act 1908
4: Revesting and restitution of property on conviction
Section 387(1) paragraphs (a) (b)
a: in any case, until the expiration of any period within which an appeal against conviction or sentence may be lodged; and
b: if an appeal against conviction or sentence is lodged, until the determination of the appeal, unless otherwise ordered by the Court,—.
5: Time for appealing
1: Section 388(1) 10 days 28 days
2: Section 388(1)
6: New
section 390 The principal Act is amended by repealing section 390
390: Duty of Solicitor-General
1: It is the duty of the Solicitor-General to—
a: represent the Crown on every appeal against conviction or sentence; and
b: appear at every hearing involving oral submissions on an appeal or application for leave to appeal under this Part.
2: The Solicitor-General's duties under subsection (1)
a: may be performed by any other counsel employed or engaged by the Crown; and
b: do not apply in the case of a private prosecution.
7: Duties of Registrar with respect to notices of appeal, etc
1: Section 392 subsection (1)
1A: For every appeal against conviction or sentence, the Registrar must prepare a preliminary case on appeal comprising—
a: the trial transcript; and
b: the trial Judge's summing up to the jury, if the Registrar considers it relevant to the grounds of appeal; and
c: any other documents, exhibits, or other things connected with the proceedings that the Registrar considers are relevant to the grounds of appeal and appropriate for inclusion in the preliminary case on appeal.
1B: A preliminary case on appeal prepared under subsection (1A)
a: the Court or Judge deciding the mode of hearing; and
b: the parties to the appeal; and
c: the Legal Services Agency, on request by the Agency.
2: Section 392(2)
3: Section 392
6: When notifying parties about the decision on the mode of hearing, the Registrar must also advise parties of the procedure and time frames required by the rules of Court relating to—
a: making written submissions on the mode of hearing; and
b: in the case of a hearing on the papers, making written submissions on the appeal or application, for consideration at the hearing; and
c: in the case of an oral hearing, providing written material to the Court and the other party; and
d: in all cases, exercising the right of reply.
7: After an appeal or application is determined by the Court, the Registrar must send a copy of the decision to the parties as soon as is reasonably practicable.
8: New
sections 392A 392B The principal Act is amended by inserting, immediately before section 393
392A: Decision about mode of hearing
1: An appeal or application for leave to appeal must be dealt with by way of a hearing involving oral submissions unless the Judge or Court making the decision on the mode of hearing determines, on the basis of the information contained in the notice of appeal, notice of application, or other written material provided by the parties, that the appeal or application—
a: can be fairly dealt with on the papers; and
b: either has no realistic prospect of success or clearly should be allowed.
2: In determining whether an appeal or application can be fairly dealt with on the papers, the Judge or Court may consider any matters relevant to the decision on the mode of hearing, including such matters as—
a: whether the appellant has been assisted by counsel in preparing the appeal or application:
b: whether the appellant has been provided with copies of the relevant trial documentation:
c: the gravity of the offence:
d: the nature and complexity of the issues raised by the appeal or application:
e: whether evidence should be called:
f: any relevant cultural or personal factors.
3: A Judge of the Court of Appeal, acting alone, may make a decision about the mode of hearing a particular appeal or application, but no Judge acting alone may reverse a decision on mode that has been made by the Court.
4: The Court of Appeal may, at any time, either on its own initiative or on the application of any party, change the mode of hearing a particular appeal or application to an oral hearing, having regard to any written submissions made by the parties concerning the mode of hearing.
5: The Court or Judge making the decision on the mode of hearing must apply section 392B(2)
6: Every decision about the mode of hearing an appeal or application must be in writing, be accompanied by reasons (unless the decision is that the hearing will be an oral hearing), and be provided by the Registrar to the parties.
392B: Hearings on the papers
1: This section applies to appeals and applications for leave to appeal that are disposed of by the Court of Appeal by way of a hearing on the papers.
2: The parties to the appeal or application may make written, but not oral, submissions to the Court, and may include in their submissions—
a: additional relevant written material; and
b: responses to any submissions made by the other party.
3: Neither the parties nor their representatives may appear before the Court.
4: The appeal or application must be determined by the Court on the basis of the written material before it.
5: Consideration of the written material may be undertaken in whatever manner the Court thinks fit.
6: Paragraphs (b), (c), (d), and (e) of section 389
9: Right of appellant to be represented
1: The heading to section 395 , and restriction on attendance
2: Section 395 subsection (1)
1: At the hearing of an appeal, or an application for leave to appeal, or on any proceedings preliminary or incidental to an appeal or application, the appellant may be represented by counsel.
1A: If an appellant is in custody, he or she is not entitled to be present at a hearing involving oral submissions unless—
a: the rules of Court provide that he or she has the right to be present; or
b: the Court of Appeal gives leave for him or her to be present.
10: Judgment of Court of Appeal
Section 398 subsection (2)
2: Every judgment of the Court of Appeal on an appeal or application under this Part (other than one relating to a preliminary or incidental matter) must be accompanied by reasons.
11: Rules of Court
1: Section 409(1) High Court , the Court of Appeal,
2: Section 409 subsection (2)
2: Until such rules are made, and so far as they do not extend, the existing practice and procedure of the High Court and the Court of Appeal remain and are in force in those Courts as far as they are not altered by or inconsistent with the provisions of this Act.
3: The practice and procedure of the High Court must be followed by all District Courts in proceedings on indictment.
12: Transitional provisions
1: If, before the commencement of this Act, a fixture for a hearing involving oral submissions has been set down for an appeal or application, then the principal Act and the Court of Appeal (Criminal) Rules 1997
2: Any other appeal or application made before the commencement of this Act must be dealt with as if it had been made after the commencement of this Act, and the principal Act and the Court of Appeal (Criminal) Rules 1997
2: Validation of determinations
13: Validation of determinations made before act commences
1: No determination of an appeal or application for leave to appeal that was made under Part 13
a: a failure to comply with Part 13 Court of Appeal (Criminal) Rules 1997
b: a failure to comply with the Criminal Appeal Rules 1946
c: a failure to give reasons for the determination or judgment.
2: Subsection (1)
a: Fa'afete Taito v The Queen
b: James McLeod Bennett and 11 Others v Attorney-General and 2 Others
3: Nothing in this section affects the right of any person to apply for the exercise of the prerogative of mercy.
14: Application for leave for rehearing
1: This section applies to any person—
a: who appealed, or applied for leave to appeal, under Part 13
b: who applied for legal aid in respect of the appeal or application, but was not granted legal aid in respect of it; and
c: whose appeal or application was determined without oral submissions being heard; and
d: whose appeal or application was dismissed.
2: An applicant to whom this section applies may, at any time before the closing date set by Order in Council made under subsection (4) section 16
3: An application for a rehearing must—
a: identify a failure of the sort described in any of paragraphs (a) (b) (c)
b: set out the grounds on which the applicant claims that a miscarriage of justice has occurred.
4: The Governor-General may, by Order in Council, set the closing date by which applications for leave for a rehearing must be received by the Court of Appeal. The Order in Council may not be made until at least 1 year after the date on which the following cases before the Judicial Committee of the Privy Council are finally determined:
a: Fa'afete Taito v The Queen
b: James McLeod Bennett and 11 Others v The Queen
15: Decision on application for leave for rehearing
1: The decision on an application for leave for a rehearing must be made by a Judge of the Court of Appeal, acting alone, on the basis of—
a: written material provided by the applicant in his or her application; and
b: any written submissions made by the respondent; and
c: any written submissions provided by the applicant in response to written submissions made by the respondent; and
d: any documents that form part of the Court record that the Judge considers necessary for the proper determination of the application.
2: Neither the parties nor their representatives may appear before a Judge on an application for leave for a rehearing.
3: The Registrar must, upon request, supply an applicant or prospective applicant with any documents that form part of the Court record that the Registrar considers necessary for the proper determination of the application.
4: The Judge must grant leave for a rehearing if he or she is satisfied that—
a: a failure of the sort described in any of paragraphs (a) (b) (c) 13(1)
b: there is an arguable case that a miscarriage of justice has occurred.
16: Rehearing of appeals and applications
1: The Court of Appeal may rehear any appeal, or application for leave to appeal, for which leave has been granted under section 15
2: The rehearing of an appeal or application for leave to appeal must be conducted as if it were an original appeal or application, and Part 13 |
DLM88521 | 2001 | Crimes Amendment Act 2001 | 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 . |
Subsets and Splits