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DLM1826700

2009

Sentencing (Offender Levy) Amendment Act 2009

1: Title This Act is the Sentencing (Offender Levy) Amendment Act 2009. 2: Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2010 Sentencing (Offender Levy) Amendment Act 2009 Commencement Order 2010 3: Principal Act amended This Act amends the Sentencing Act 2002 OIC (2010/90) 2010-07-01 Sentencing Act 2002 1: Amendments to Sentencing Act 2002 4: Reparation Section 12 1A: When considering undue hardship or other special circumstances under subsection (1), a court must not take into account that the offender is required to pay a levy under section 105B 5: Taking into account financial capacity of offender Section 35 3: Subsection (2) is subject to section 105C 6: Determining amount of fine Section 40 5: When considering the financial capacity of the offender under subsection (1), the court must not take into account that the offender is required to pay a levy under section 105B 7: New heading and sections 105A to 105J inserted The following heading and sections are inserted after section 105 4A: Offender levy and victims' services bank account 105A: Interpretation For the purposes of this subpart, unless the context otherwise requires,— account section 105G approved agency section 105J Secretary 105B: Offender to pay levy 1: This section applies to an offender who has been convicted of an offence. 2: On being sentenced or otherwise dealt with by a court in relation to 1 or more offences, the offender must pay a levy. 3: The levy is not a sentence and is in addition to any sentence. 105C: Priority of payments received from offender If the court imposes or has previously imposed on an offender a sentence or an order of reparation or a sentence of a fine, or both, any payments received from the offender must be applied in the following order of priority: a: in payment of the amount due under any sentence or order of reparation: b: in payment of the offender levy: c: in payment of any fine. 105D: Amount of levy The amount of the levy payable under section 105B section 147 105E: Payment of levy An offender must pay the levy to the Secretary, who must pay the levy into the account. 105F: Distribution of money in account The Secretary may, from time to time, pay to an approved agency any amount of money from money that is held in the account. 105G: Victims' services bank account The Secretary must, for the purposes of this subpart, establish through the Treasury a separate Crown bank account to be known as the victims' services bank account. 105H: Payments from, and other operation of, account The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 105I 105I: Regulations on operation of account The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: providing for the circumstances and manner in which money may or must be paid out of the account: b: providing for the manner in which, and the conditions subject to which, the Secretary may or must otherwise operate the account. 105J: Approval of agency 1: The Secretary may approve an organisation as an approved agency for the purposes of this subpart. 2: Before approving an organisation as an approved agency, the Secretary must be satisfied that— a: the organisation has as one of its roles providing services to victims of crime; and b: any amount paid to the organisation under section 105F c: the organisation has members with the knowledge, experience, and skills to provide services to victims of crime; and d: the organisation has in place administrative arrangements that will enable money received by the organisation to be accounted for. 3: The Secretary may at any time, by notice in writing to an organisation approved under subsection (1), revoke that approval if the Secretary is no longer satisfied of the matters set out in subsection (2) or of any other matters that the Secretary considers relevant. 8: Enforcement of payment of amounts under sentence of reparation, reparation orders, etc 1: Section 145(1) ; or c: the amount of any levy payable under section 105B 2: Section 145 2A: However, if the only amount payable is the levy,— a: Part 3 of the Summary Proceedings Act 1957 applies (even if sections 19 and 19B to 19F of the Crimes Act 1961 would be applicable); but b: sections 83(2)(a) and (b), 87(1)(a), and 88 of the Summary Proceedings Act 1957 do not apply and the following references must be read as follows: i: the reference in section 88B(1)(a) to the amount of $25 must be read as a reference to the amount of the levy (being $50 or any other amount that may be prescribed by regulation); and ii: the reference in section 88B(1)(b) to 3 years must be read as a reference to 1 year. 9: Regulations Section 147 ca: prescribing the amount of the levy payable under section 105B . 2: Consequential amendments to other enactments 10: Consequential amendments to other enactments The enactments listed in the Schedule OIC (SR 2010/90) 2010-07-01 Customs and Excise Act 1996 Social Security Act 1964 Summary Proceedings Act 1957 Tax Administration Act 1994

DLM1919600

2009

Disputes Tribunals Amendment Act 2009

1: Title This Act is the Disputes Tribunals Amendment Act 2009 2: Commencement This Act comes into force on 1 August 2009. 3: Principal Act amended This Act amends the Disputes Tribunals Act 1988 2009-08-01 Disputes Tribunals Act 1988 1: Amendments to principal Act 4: Jurisdiction of Tribunals Section 10(1A) $7,500 $15,000 5: Extension of jurisdiction by agreement between the parties Section 13(2) $12,000 $20,000 6: Abandonment to bring claim within jurisdiction Section 14 $7,500 $15,000 7: Orders of Tribunal 1: Section 19(5) $7,500 $15,000 2: Section 19(7) $12,000 $20,000 2: Consequential amendments 8: Consequential amendments The enactments listed in the Schedule 2009-08-01 Consumer Guarantees Act 1993 Credit Contracts and Consumer Finance Act 2003 Fair Trading Act 1986 Fencing Act 1978 Minors' Contracts Act 1969 Retirement Villages Act 2003

DLM2471702

2009

Summary Proceedings (Vehicle Seizure) Amendment Act 2009

1: Title This Act is the Summary Proceedings (Vehicle Seizure) Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Principal Act amended This Act amends the Summary Proceedings Act 1957 2009-12-01 Summary Proceedings Act 1957 4: Purpose The purpose of this Act is to reduce traffic offending by strengthening the provisions that govern the seizure of motor vehicles to enforce the collection of unpaid fines and reparation. 5: New section 93A inserted The following section is inserted after section 93 93A: Seizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100 Sections 94 to 100 sections 100A to 100Y 6: Seizure and delivery of property Section 94(3) 7: Sections 94A and 94B repealed Sections 94A 94B 8: New heading and sections 100A to 100Y inserted The following heading and sections are inserted after section 100 Seizure, release, and sale of motor vehicles 100A: Interpretation 1: In this section and in sections 100C to 100Y encumbrance a: a hire purchase agreement: b: a leasing agreement: c: any other agreement entered into between the defendant and another party under which the other party obtains or retains any interest in the motor vehicle hire purchase agreement impoundment costs interest leasing agreement person who is registered traffic offence a: any offence against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Management Act 2003, or against any regulation or bylaw made under any of those Acts: b: any offence against any regulation or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations use written caution section 100C 2: For the purposes of sections 100C to 100Y substitute for the defendant substitute a: the person is served with a written caution, under section 100C b: within 4 years after the date of service of that written caution, the defendant defaults, and continues to be in default, on a further fine for a traffic offence committed while using a motor vehicle that, at the time of the commission of that offence, the person owned or had an interest in. 3: For the purposes of sections 100C to 100Y 4: For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle. 5: A reference in sections 100C to 100Y a: is not to acquire any rights, or only limited rights, in the motor vehicle; and b: will, in relation to the motor vehicle, act on behalf of the defendant or the substitute for the defendant. 100B: Purpose of sections 100C to 100Y The purpose of sections 100C 100Y a: to enable fines in default to be collected more effectively through the seizure of motor vehicles; and b: in cases where the fines in default relate to traffic offending, to reduce opportunities for offending of that kind. 100C: Written caution to person holding interest in motor vehicle 1: If a defendant defaults in paying any fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may order that a written caution be served on any person who appears to own or to have an interest in the motor vehicle. 2: Despite subsection (1) a: on anyone if the Registrar is satisfied that the motor vehicle— i: was stolen or converted at the material time; or ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998: b: on a person who the Registrar is satisfied is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender. 3: The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a fine for any further traffic offence committed— a: while using a motor vehicle in which the person has an interest as owner or otherwise; and b: within 4 years after the date on which the written caution is served on the person. 4: A written caution must provide the following information: a: the name and identifying details of the defendant: b: the relevant traffic fine that the defendant has defaulted in paying: c: the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed: d: that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2) e: the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient. 5: A written caution ordered to be served on a person must be served on the person in one of the following ways: a: by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it: b: by being left for the person at the person's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years. 6: A written caution may be served by one of the following persons: a: a Police employee: b: an officer of the court: c: any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar: d: any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution. 7: An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by a person of the kind described in subsection (6) 100D: Review of written caution 1: A person served with a written caution under section 100C a: the motor vehicle was stolen or converted at the material time: b: the person did not own or have an interest in the motor vehicle at the material time: c: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant: d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998. 2: Every application must include a statutory declaration that specifies a ground stated in subsection (1) 3: The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary. 4: If satisfied that a ground stated in subsection (1) a: the court must cancel the written caution served on the applicant: b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d) c: the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome: d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person. 100E: Written caution of no effect if fine quashed or set aside 1: If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served. 2: If a written caution ceases to have effect under subsection (1) 100F: Seizure of motor vehicles 1: In addition to the matters provided for by section 93(1), a warrant to seize property issued under section 83(2)(a), 87(1)(a), or 88(3)(a) also authorises the seizure of any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest. 2: For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter on any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that a motor vehicle is on the premises, being a motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest. 3: If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person. 4: Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect. 5: Without limiting anything in section 100J 6: When a motor vehicle is seized, under a warrant to seize property, the bailiff or constable must forthwith give the defendant or the substitute a notice in the prescribed form— a: identifying the motor vehicle seized; and b: directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the motor vehicle and the name and address of any other person who owns or has an interest (including any encumbrance) in the motor vehicle. 7: The notice required to be given by subsection (6) 100G: Seizure of motor vehicles impounded under Land Transport Act 1998 1: Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for at least 14 days. 2: The power to seize a motor vehicle described in subsection (1) 100H: Seizure not precluded by low value or low interest Consistent with the purpose stated in section 100B 100I: Seized motor vehicle to be retained by or for Registrar 1: The bailiff or constable executing a warrant to seize property must ensure that a motor vehicle seized under the warrant is— a: taken to the Registrar; or b: if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar. 2: If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then— a: the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and b: no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section. 3: The Registrar must ensure the seized motor vehicle is retained until the motor vehicle is sold or released in accordance with a determination of the Registrar or a District Court Judge. 100J: Immobilisation of motor vehicles 1: Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default. 2: No motor vehicle may be immobilised under subsection (1) a: on private property; or b: in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons. 3: Where any motor vehicle is immobilised under subsection (1) a: may at any time seize the vehicle: b: must, on the direction of a Registrar, seize the vehicle. 4: When the motor vehicle is seized under subsection (3) section 100I 5: If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1) 6: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,— a: tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1) b: removes, or attempts to remove,— i: a motor vehicle to which a device is, or has been, attached; or ii: any part of that vehicle; or iii: any other property from that vehicle. 100K: Personal property securities register to be checked 1: If a motor vehicle is seized under a warrant to seize property, the Registrar must, on the next working day after the vehicle is seized, check whether a financing statement has been registered in respect of the vehicle on the personal property securities register kept under the Personal Property Securities Act 1999. 2: If a financing statement has been registered, the Registrar must forthwith notify the person named as the secured party in the financing statement of the following: a: that the Registrar may, under section 100M i: the defendant; or ii: a substitute for the defendant; or iii: a nominee for the defendant or the substitute: b: of the rights that may be available to the person under sections 100N, 100T, and 100U 100L: Release of vehicles if fine and other costs paid or if certain appeals successful 1: A motor vehicle that has been seized and is retained by the Registrar may be returned to the person from whom it was seized or to the person apparently lawfully entitled to it if the following are paid: a: the fine: b: if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs: c: all costs incurred in seizing, towing, and storing the motor vehicle. 2: Subsection (1) sections 100Q, 100T, and 100U 3: If the motor vehicle has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a) 4: If the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under subsection (1) 5: Subsection (4) section 100U(1)(a) and (2) 6: Despite subsection (1), section 100M, and sections 100Q to 100U 7: Subsection (6) section 100T 100U(1)(a) section 100U(1)(b) 100M: Sale of motor vehicle seized 1: If any fine remains unpaid, any motor vehicle seized under a warrant to seize property may, after the expiry of the relevant period specified in subsection (2) 2: The relevant period referred to in subsection (1) a: the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or b: the expiry of 8 days after the day on which the motor vehicle was seized. 3: A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle— a: is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and b: in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and c: must comply in all respects with that Act as soon as the motor vehicle has been towed to that place. 4: If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold under this section, seek to have the registration of the motor vehicle cancelled by taking, so far as practicable, any steps required to be taken, under the Land Transport Act 1998, for that purpose by the owner of, or by the person who is registered in respect of, the motor vehicle. 5: The sale of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act or by any appeal that is determined after that period. 6: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the vehicle have been paid) if any impoundment costs are not paid within— a: 10 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or b: any longer period specified by the Registrar in writing. 7: The sale of a motor vehicle by the Registrar is deferred by a pending claim in respect of the motor vehicle only if the costs of storage have been paid under section 100N section 100Q 100N: Registrar must defer sale if storage costs paid Any person may pay into court the costs incurred by the court in storing a motor vehicle for at least 8 days and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the motor vehicle. 100O: Application of proceeds of sale 1: When a motor vehicle is sold under section 100M a: if the motor vehicle has been impounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs: b: in payment of the costs of the sale (including all costs incurred in seizing, towing, and storing the motor vehicle, and complying with the provisions of this Part preliminary to sale): c: in satisfaction of any amount owed under any encumbrance established, before the proceeds of the sale are fully applied, to the satisfaction of the Registrar or a District Court Judge: d: in payment of any sentence or order of reparation payable by the defendant: e: in payment of any levy payable by the defendant under the Sentencing Act 2002: f: in payment of the fine specified in the warrant: g: to the defendant or, as the case requires, to the substitute for the defendant. 2: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1) paragraph (d) (f) 3: The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section. 100P: Remission of fine and costs of sale in certain cases 1: This section applies where a sale of a motor vehicle under section 100M section 100U(1)(a) or (b) 2: If this section applies, the Registrar— a: must remit the costs of the sale of the motor vehicle, as described in section 100O(1)(a) and (b) b: must remit— i: the entire fine in default, in any case where the amount of that fine is $100 or smaller: ii: $100 less any proceeds of that sale that have been applied towards paying the fine, in any case where the fine in default is greater than $100. 3: The reference to fine subsection (2)(b) 100Q: Release of motor vehicle to certain owners 1: If satisfied that the defendant does not own the seized motor vehicle, the Registrar or a District Court Judge must release the motor vehicle to a person who satisfies the Registrar or the Judge that the person— a: is the owner of the motor vehicle; and b: is not a substitute for the defendant; and c: is not a nominee for the defendant or the substitute. 2: If a person other than the defendant claims to own the motor vehicle and the Registrar is not satisfied of the matters specified in subsection (1) 3: Where a summons has been, or is to be, issued under subsection (2) a: the value of the seized motor vehicle; or b: the fine in default, including the costs incurred in seizing, towing, and storing the motor vehicle, and any impoundment costs. 4: If, on the determination of the claim, the claim is dismissed, the amount of the deposit or the amount obtained from the security may be applied as if it were the proceeds of the sale of the motor vehicle. 5: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle— a: may not be released under this section unless— i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and ii: any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and b: may be sold under section 100M paragraph (a)(ii) 100R: Challenge of seizure by persons treated as substitutes 1: If a motor vehicle is seized on the basis that the person who owns, or appears to own, it, or has, or appears to have, an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds: a: the person did not own or have an interest in the motor vehicle at the material time: b: the motor vehicle was stolen or converted at the material time: c: the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences: d: the person had not, prior to the commission of the relevant traffic offence, been served with a written caution under section 100C e: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant: f: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998. 2: Every application must include a statutory declaration that specifies a ground stated in subsection (1) 3: The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary. 4: The Judge may order the return of the motor vehicle if satisfied that— a: a ground stated in subsection (1)(b) or (f) b: another ground stated in that subsection applies to the applicant and to every other person who is treated as a substitute for the defendant. 100S: Determination of claim by owners 1: In determining a claim under section 100Q(3) a: the defendant does not have an interest in the motor vehicle; and b: the claimant is not a substitute for the defendant; and c: the claimant owns the motor vehicle neither as nominee for the defendant nor for the substitute. 2: The Judge may, if the motor vehicle has not yet been sold, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply: a: the person did not own or have an interest in the motor vehicle at the material time: b: the motor vehicle was stolen or converted at the material time: c: the person is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the defendant: d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998. 3: The Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant. 4: A person who claims to have acquired a motor vehicle from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine. 5: In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle— a: may not be released under this section unless— i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and ii: any impoundment costs have been paid into court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and b: may be sold under section 100M paragraph (a)(ii) 6: If the claimant succeeds in the claim to the motor vehicle,— a: any deposit paid or security provided by the claimant must be returned to the claimant; and b: a District Court Judge may order the defendant to reimburse the claimant for any costs the claimant has paid into court under section 100N 100T: Lessor under leasing agreement may apply to Registrar 1: The lessor (not being the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) under a leasing agreement of a seized motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for the release of the motor vehicle to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the agreement. 2: If subsection (1) 3: A motor vehicle may also be released under subsection (2) 4: This section is subject to section 100V 2002 No 9 s 140 100U: Claims by creditors 1: Where, on an application or on his or her own initiative, the Registrar or a District Court Judge is satisfied that a person (not being the defendant or a substitute for the defendant) is a creditor under an encumbrance (other than a leasing agreement) over the seized motor vehicle, the Registrar or Judge may, if the motor vehicle has not yet been sold,— a: release the motor vehicle to the creditor and direct the creditor to sell the motor vehicle and account for the proceeds of sale in accordance with section 100W b: order the sale of the motor vehicle under section 100M 2: A motor vehicle may also be released under subsection (1)(a) 3: A purchaser of a motor vehicle that is sold to the purchaser in compliance with a direction under subsection (1)(a) 4: This section is subject to section 100V 100V: Certain payments required before release to lessor or creditor takes effect 1: An order for the release of a motor vehicle under section 100T(2) or 100U(1)(a) a: if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs: b: any costs incurred in seizing the motor vehicle, towing, and storing the motor vehicle, and complying with the provisions of this Part. 2: Any costs required to be paid by subsection (1) 3: If the costs specified in subsection (1) subsection (2) section 100M 100W: Application of proceeds of sale by creditor 1: Every person to whom a motor vehicle is released under section 100U(1)(a) a: account to the Registrar for the proceeds of the sale: b: pay into court the proceeds of the sale, less any costs paid under section 100V i: if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount required to settle the agreement under section 31 of that Act; or ii: in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount owed by the offender under the encumbrance. 2: The Registrar must then apply the balance remaining in accordance with section 100O(1)(d) to (g) 100X: Failure by creditor to sell or account for proceeds 1: If the creditor fails to comply with a direction under section 100U(1)(a) section 100F 2: As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under subsection (1) 100O(1) section 100O(3) 3: A creditor who fails, in whole or in part, to pay into court the money required under section 100W(1) 100Y: Compensation to person with interest in motor vehicle sold 1: This section applies if— a: a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100M b: the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property. 2: If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss. 3: Subsection (1) 9: Transitional provisions relating to Transport (Vehicle and Driver Registration and Licensing) Act 1986 In the period commencing on the commencement of this Act and ending immediately before the commencement of section 32(2) a: any reference to a person who is registered in respect of a motor vehicle in sections 100A to 100Y section 100A(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 b: the reference in section 100I(2) 100M(3) section 242 of the Land Transport Act 1998 section 5 c: the reference in section 100M(4) Land Transport Act 1998 Transport (Vehicle and Driver Registration and Licensing) Act 1986 10: Transitional provisions relating to pre-commencement fines and warrants Section 10 repealed 13 February 2012 section 47(2) Summary Proceedings Amendment Act 2011

DLM2381600

2009

Climate Change Response (Moderated Emissions Trading) Amendment Act 2009

1: Title This Act is the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Climate Change Response Act 2002 2009-12-08 Climate Change Response Act 2002 1: Amendments to Climate Change Response Act 2002 4: Application of Schedules 3 and 4 1: Section 2A 1: Any provision in this Act that imposes an obligation on, or provides an entitlement to, a person in respect of an activity listed in Schedule 3 or 4— a: does not apply to that person unless— i: the Part or subpart in Schedule 3 or 4 in which the activity is listed applies; and ii: the person, if carrying out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3, falls within a class of persons prescribed in an Order in Council that applies that subpart; and b: applies subject to sections 2C(3) 222A to 222D 2: Section 2A(5) , unless repealed under subsection (10) before that date 3: Section 2A(6) , unless repealed under subsection (11) before that date 4: Section 2A(8) 1 January 2011 if the Governor-General makes an Order in Council to that effect a date appointed by the Governor-General by Order in Council 5: Section 2A(9) 1 January 2011 if the Governor-General makes an Order in Council to that effect a date appointed by the Governor-General by Order in Council 6: Section 2A(10) to (13) 5: New sections 2B and 2C inserted The following sections are inserted after section 2A 2B: Orders in Council in relation to Part 5 of Schedule 3 1: An Order in Council made under section 2A(8) or (9) appointing a date on and after which subpart 2 or 4 of Part 5 of Schedule 3 applies must— a: be made on the recommendation of the Minister responsible for the administration of this Act; and b: appoint a date that is 1 January in a year; and c: be made at least 1 year before the date appointed in the Order in Council; and d: not appoint a date earlier than 1 January 2013. 2: One or more Orders in Council made under section 2A(8) or (9) may provide that subpart 2 or 4 of Part 5 of Schedule 3 applies— a: specifically to 1 or more classes of persons who carry out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 on and after a date appointed in the order; or b: generally to all persons who carry out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 on and after a date appointed in the order. 3: Before recommending that an Order in Council be made under section 2A(8) or (9), the Minister must have regard to— a: the need for the chief executive responsible for the administration of Parts 4 and 5 of this Act to be able to verify information contained in emissions returns of the persons who will become participants in respect of an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 by operation of the order; and b: the likelihood that, as a result of becoming participants by operation of the order, persons carrying out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 will reduce their emissions; and c: the desirability of minimising— i: the compliance and administration costs of persons who will become participants in respect of an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 by operation of the order; and ii: the administration costs of the Crown in administering the greenhouse gas emissions trading scheme established under this Act. 4: Before recommending the making of an Order in Council under section 2A(8) or (9), the Minister must consult, or be satisfied that the chief executive has consulted, persons (or their representatives) that appear to the Minister or the chief executive likely to have an interest in the order. 2C: Effect of Orders in Council in relation to Part 5 of Schedule 3 1: This section applies if an Order in Council made under section 2A(8) or (9) has the effect that subparts 1 and 2 of Part 5 of Schedule 3, or subparts 3 and 4 of Part 5 of Schedule 3, apply at the same time. 2: If this section applies, then regulations made under section 163(1) may require— a: a person carrying out an activity listed in subpart 1 of Part 5 of Schedule 3 and a person carrying out an activity listed in subpart 2 of Part 5 of Schedule 3 to— i: collect data or other information relating to the same synthetic fertiliser; and ii: calculate emissions in respect of emissions relating to the same synthetic fertiliser; or b: a person carrying out an activity listed in subpart 3 of Part 5 of Schedule 3 and a person carrying out an activity listed in subpart 4 of Part 5 of Schedule 3 to— i: collect data or other information relating to the same ruminant animals, pigs, horses, or poultry; and ii: calculate emissions relating to the same ruminant animals, pigs, horses, or poultry. 3: However,— a: on and after the date from which the person carrying out an activity listed in subpart 2 of Part 5 of Schedule 3 is required to surrender units for emissions relating to the fertiliser, this Act no longer applies to the person carrying out the activity listed in subpart 1 of Part 5 of Schedule 3 in relation to the fertiliser; and b: on and after the date from which the person carrying out an activity listed in subpart 4 of Part 5 of Schedule 3 is required to surrender units for emissions relating to the ruminant animals, pigs, horses, or poultry, this Act no longer applies to the person carrying out the activity listed in subpart 3 of Part 5 of Schedule 3 in relation to those ruminant animals, pigs, horses, or poultry. 4: If an Order in Council is made under— a: section 2A(8) that has the effect of applying subpart 2 of Part 5 of Schedule 3 to all persons who carry out an activity listed in that subpart from a date appointed in that order, then section 2A(5) and subpart 1 of Part 5 of Schedule 3 expire and are repealed on the date from which all persons carrying out an activity listed in subpart 2 of Part 5 of Schedule 3 are liable to surrender units in respect of emissions from the activity: b: section 2A(9) that has the effect of applying subpart 4 of Part 5 of Schedule 3 to all persons who carry out an activity listed in that subpart from a date appointed in that order, then section 2A(6) and subpart 3 of Part 5 of Schedule 3 expire and are repealed on the date from which all persons carrying out an activity listed in subpart 4 of Part 5 of Schedule 3 are liable to surrender units in respect of emissions from the activity. 5: If, by operation of subsection (3)(a) or (b) or (4)(a) or (b) a: section 54(4) applies, with any necessary modifications, to any person who has ceased, by operation of the provision, to be a participant in respect of that activity; and b: the person is not required to comply with section 59, but the chief executive may, for the purposes of section 59(2), determine that the person has ceased to carry out the activity. 6: Purpose 1: Section 3 2: Section 3 3: For the purposes of this section, business-as-usual levels 7: New section 3A inserted The following section is inserted after section 3 3A: Treaty of Waitangi (Te Tiriti o Waitangi) In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi,— a: with respect to section 2B b: with respect to section 75 section 72 c: with respect to section 76 section 74 d: with respect to section 161 i: the Minister must, when appointing members to a review panel under section 160(6) ii: the review panel must consult with the representatives of iwi and Māori that appear to the panel likely to have an interest in the review; and iii: the terms of reference for the review panel must incorporate reference to the principles of the Treaty of Waitangi: e: with respect to section 161G section 161G(1) f: with respect to section 162 (which relates to regulations adding further activity to Part 2 of Schedule 4), before recommending the making of a regulation under section 162(1), the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulation: g: with respect to section 163 (which relates to regulations relating to methodologies and verifiers), before recommending the making of a regulation under section 163(1), the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulation: h: with respect to section 164 (which relates to regulations relating to unique emissions factors), before recommending the making of a regulation under section 164, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulation: i: with respect to section 224 (which relates to the gazetting of targets), before the Minister responsible for the administration of this Act may set, amend, or revoke a target, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the target: j: with respect to section 225 section 225(1) 8: Interpretation 1: The definition of allocation plan section 4(1) section 79 or 80 section 70 2: Section 4(1) allocate a: means the allocation or provisional allocation of New Zealand units; but b: does not include the transfer of New Zealand units animal welfare export certificate Australian eligible industrial activity consolidated group Crown holding account a: means a holding account that is established and held by the Crown in accordance with a direction of the Minister of Finance under section 6; and b: does not include a holding account opened by any other person on behalf of the Crown under section 18A eligible activity a: an eligible agricultural activity; or b: an eligible industrial activity eligible agricultural activity eligible industrial activity section 161A eligible land eligible person a: section 80(1) b: section 85(1) c: any regulations made under this Act: d: an allocation plan financial year fishing allocation plan section 74 member nominated entity pre-1990 forest land allocation plan section 72 provisional allocation section 81 solid biofuel unincorporated body a: means an unincorporated body of persons; and b: includes (but is not limited to)— i: a partnership, a joint venture, or the trustees of a trust; and ii: if land, a lease, a forestry right, or a Crown conservation contract is not owned, held, or entered into by a partnership, joint venture, or the trustees of a trust, 3 or more joint— A: landowners; or B: leaseholders; or C: holders of a registered forestry right; or D: parties to a Crown conservation contract; but c: does not, unless they are partners, joint venturers, or trustees of a trust, include 2 joint— i: landowners; or ii: leaseholders; or iii: holders of a registered forestry right; or iv: parties to a Crown conservation contract . 3: The definition of carbon accounting area ; or c: is constituted as a carbon accounting area by operation of section 188(7)(b) or 192(3)(b) . 4: The definition of chief executive section 4(1) or subpart Part 5: Section 4(1) Convention Convention a: means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, a copy of the English text of which is set out in Schedule 1; and b: includes any amendments made to the Convention that are, or will become, binding on New Zealand from time to time . 6: Section 4(1) draft allocation plan 7: Paragraph (a) of the definition of forest land section 4(1) when the forest species reach maturity 8: Paragraph (c)(i) of the definition of forest land section 4(1) at maturity 9: Paragraph (c)(ii) of the definition of forest land section 4(1) at maturity 10: The definition of forest species section 4(1) located located, but does not include tree species grown or managed primarily for the production of fruit or nut crops 11: Paragraph (b) of the definition of post-1989 forest land section 4(1) between 1 January 1990 and 31 December 2007 in the period beginning on 1 January 1990 and ending on 31 December 2007 12: Section 4(1) Protocol Protocol a: means the Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, a copy of the English text of which is set out in Schedule 2; and b: includes any amendments made to the Protocol that are, or will become, binding on New Zealand from time to time . 13: The definition of waste section 4(1) waste a: including (but not limited to) any disposed of or discarded thing that is defined by its composition or source (for example, organic waste, electronic waste, or construction and demolition waste); but b: excluding any solid biofuel combusted for the purposes of generating electricity or industrial heat . 14: Section 4 5: Despite anything in this Act, a hectare of land is not to be treated as pre-1990 forest land if,— a: on 1 January 2008, the land had— i: no standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely to have, tree crown cover of an average width of less than 30 metres; and ii: no other merchantable timber from exotic forest species; and b: 4 years after the date on which the land met the conditions in paragraph (a) 9: Minister of Finance may carry out trading activities with respect to units 1: The heading to section 6 direct Registrar regarding establishment of Crown holding accounts and may 2: Section 6(a) Crown or close 10: New section 14 inserted The following section is inserted after section 13 14: Registrar must give effect to directions The Registrar must give effect to any direction relating to the transfer of units from a Crown holding account (or in the case of reimbursement, from a surrender account) to the holding account of an eligible person or a participant (or, if required, in the prescribed circumstances to another holding account notified by one of those persons) that is given by a Minister or chief executive authorised to give such direction in accordance with a provision in Part 4 or 5 of this Act. 11: New section 17A inserted The following section is inserted after section 17 17A: Power of Registrar to delegate 1: The Registrar may, in writing, delegate to any person who is employed in the State services all or any of the functions, duties, and powers exercisable by the Registrar under this Act, except this power of delegation. 2: Subject to any general or special directions given or conditions specified at any time by the Registrar, the person to whom any functions, duties, or powers are delegated under this section must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by a section of this Act and not by delegation. 3: Every person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. 4: Any delegation under this section may be to a specified person or to persons of a specified class, or may be to the holder or holders for the time being of a specified office or specified classes of offices. 5: Every delegation under this section is revocable in writing at will by the Registrar, and no such delegation prevents the exercise of any function, duty, or power by the Registrar. 6: Every delegation under this section, until revoked, continues in force according to its tenor, even if the Registrar by whom it was made has ceased to hold office. 7: For the purposes of this section, State services 12: Closing holding accounts Section 18B 7: The Registrar must give effect to any directions given by the chief executive under subsection (2) in accordance with, and subject to, the procedures set out in this subpart and any regulations made under section 30G. 13: Effect of surrender, retirement, cancellation, and conversion Section 18CA 3: A Kyoto unit that is transferred to a surrender account may only be further transferred, in accordance with— a: a direction from the Minister of Finance, to a retirement account or a cancellation account; or b: a direction of the chief executive of the department responsible for the administration of Part 4 given under section 124, to a participant's holding account. 4: A New Zealand unit or an approved overseas unit that is transferred to a surrender account may only be further transferred in accordance with a direction of the chief executive of the department responsible for the administration of Part 4 given under section 124. 14: Trusts, representatives, and assignees of bankrupts Section 18E 1: Notice of a trust, whether express, implied, or constructive, may not be entered on the unit register except in accordance with subsection (1A) 1A: If the trustees of a trust apply to open a holding account under section 18A, then— a: the trustees may specify the name of the trust as the name of the holding account; and b: the Registrar may enter on the unit register the name of the trust as the name of the holding account. 15: Registration procedure for Kyoto units 1: Section 21(1) the Minister of Finance a Minister or chief executive authorised to give the direction under a provision of this Act 2: Section 21(1)(a) an unique a unique 3: Section 21(1)(c)(ii)(A) Minister of Finance Minister or chief executive who gave the direction 4: Section 21(2)(c)(i) Minister of Finance Minister or chief executive who gave the direction 5: Section 21(3)(d)(i) Minister of Finance Minister or chief executive who gave the direction 16: Registration procedure for New Zealand units and approved overseas units 1: Section 21AA(1) the Minister of Finance a Minister or chief executive authorised to give the direction under a provision of this Act 2: Section 21AA(1)(c)(ii)(A) Minister of Finance Minister or chief executive who gave the direction 3: Section 21AA(2)(c)(i) Minister of Finance Minister or chief executive who gave the direction 4: Section 21AA(3)(d)(i) Minister of Finance Minister or chief executive who gave the direction 17: Electronic registration Section 21A by the Minister of Finance to the Registrar by a Minister or chief executive under a provision of this Act 18: Priority of registration Section 24(1) by the Minister of Finance to the Registrar by a Minister or chief executive under a provision of this Act 19: Correction of unit register Section 25(1) a: the Minister or chief executive who gave the direction, if the Registrar registered the transaction following receipt of a direction from a Minister or chief executive authorised to give the direction under a provision of this Act; or . 20: Restrictions on certain New Zealand units allocated to landowners of pre-1990 forest land Section 30F 1: This section applies to any New Zealand units transferred or to be transferred after 31 December 2012 in accordance with the pre-1990 forest land allocation plan issued under section 70 21: Regulations Section 50 8: The Governor-General may, by Order in Council, make regulations— a: amending Schedule 1 by making any amendments to the text of the Convention set out in that schedule as are required to bring the text up to date: b: revoking Schedule 1 and substituting a new schedule setting out in an up-to-date form the text of the Convention: c: amending Schedule 2 by making any amendments to the text of the Protocol set out in that schedule as are required to bring the text up to date: d: revoking Schedule 2 and substituting a new schedule setting out in an up-to-date form the text of the Protocol. 22: Participants 1: Section 54(1)(a)(i) and (2) 180 or 204 180, 204, or 213 2: Section 54(1)(b)(ii) or 193 3: Section 54(4) (including, but not limited to, the obligation to retain records in accordance with section 67) obligations 23: Associated persons 1: Section 55(3)(b) ii: member of an unincorporated body; or . 2: Section 55(3)(b)(iii) a member member 24: Applications to be registered as participant in respect of activities listed in Schedule 4 1: Section 57(4) ; and c: has paid any prescribed fees or charges. 2: Section 57(6)(b) 209(2)(a), or 213(2)(a) , or 209(2)(a) 3: Section 57(7) 4, or 5 or 4 4: Section 57(8) 209(2)(b), or 213(2)(b) or 209(2)(b) 25: Removal from register of participants in respect of activities listed in Schedule 4 1: Section 58(3)(c) 209(3)(a), or 213(3)(a) or 209(3)(a) 2: Section 58(4) 209(3)(b), or 213(3)(b) or 209(3)(b) 26: Removal from register of participants in respect of activities listed in Schedules 3 and 4 1: Section 59(2)(b) 209(3)(a), or 213(3)(a) or 209(3)(a) 2: Section 59(3) , 211, and 215 and 211 27: Exemptions in respect of activities listed in Schedule 3 1: Section 60(1)(a) an the 2: Section 60(1)(b) an the 3: Section 60(1)(c) an the 4: Section 60 1A: An Order in Council made under subsection (1) may specify any terms and conditions (including, but not limited to, terms and conditions imposing geographical or operational restrictions) that the Governor-General thinks fit. 5: Section 60(2)(b) of not of 28: New section 61 substituted Section 61 61: Requirement to have holding account 1: A participant or an eligible person must have a holding account for the purpose of— a: surrendering units or repaying units as required under this Part or Part 5: b: receiving New Zealand units to which the participant or eligible person is entitled under this Part or Part 5. 2: Despite anything in subsection (1) subsection (1) 3: Despite anything in this Act, the Registrar must, subject to section 18A(5), open a holding account in the name of— a: a person— i: who applies to open a holding account in accordance with section 56(1)(b) or 57(3); and ii: whose name has been entered on a register kept for the purposes of section 56 or 57; or b: an eligible person. 29: Monitoring of emissions and removals Section 62 d: keep, in the prescribed format (if any), records of the data or information and calculations. 30: Entitlement to receive New Zealand units for removal activities Section 64 2: If a participant submits an emissions return to the chief executive that contains an assessment of the participant's entitlement to receive New Zealand units, then the chief executive must, within 20 working days of receiving the emissions return, direct the Registrar to transfer the number of New Zealand units contained in the assessment to the participant’s holding account. 3: Subsection (2) 31: Annual emissions returns 1: Section 65(1) Between 1 January and 31 March In the period beginning on 1 January and ending on 31 March 2: Section 65(4) 30 April 31 May 32: New subpart 2 of Part 4 substituted Subpart 2 2: Issuing and allocating New Zealand units 68: Issuing New Zealand units 1: The Minister may, at any time, direct the Registrar to issue New Zealand units into a Crown holding account. 2: Before giving a direction, the Minister must— a: consult the Minister of Finance; and b: have regard to the following matters: i: the number of units that New Zealand has received, or that the Minister expects New Zealand to receive, under any international agreement; and ii: New Zealand's international obligations, including any obligation to retire units equal to the number of tonnes of emissions that are emitted in New Zealand; and iii: the proper functioning of the greenhouse gas emissions trading scheme established under this Act; and iv: any other matters that the Minister considers relevant; and c: if the direction under subsection (1) i: New Zealand's annual emissions for the 5 years (on record) before the year of the direction under consideration; and ii: the report of the most recent review completed under section 160(1) iii: New Zealand's obligations under the Convention (if any); and iv: New Zealand's anticipated future international obligations. 3: The Registrar must give effect to a direction given by the Minister under subsection (1) 4: As soon as practicable after giving a direction under subsection (1) a: publish a copy of the direction in the Gazette b: ensure that the direction is accessible via the Internet site of the department of the chief executive responsible for the administration of this Act; and c: present a copy of the direction to the House of Representatives. 5: Each copy of the direction under subsection (4) subsection (2)(b) subsection (2)(c) 69: Notification of intention regarding New Zealand units 1: The Minister must give notice in the Gazette a: the first commitment period: b: each subsequent commitment period (if any): c: if there is no subsequent commitment period, then— i: the 5-year period commencing on 1 January 2013: ii: each subsequent 5-year period after the period specified in subparagraph (i) 2: The notice must include— a: the number of New Zealand units that are intended to be issued under section 68 b: the time frames for issuing the New Zealand units under section 68 c: the intended time frame for any allocation of New Zealand units, or the sale of New Zealand units and the method of sale. 3: The Minister must present a copy of the report under section 160(7)(b) 4: The Minister must ensure that a copy of any notice given under subsection (1) 5: The Crown is not bound by any notice given under subsection (1) Allocation of New Zealand units in relation to pre-1990 forest land and fishing 70: Governor-General may issue allocation plans 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, issue an allocation plan providing for the matters in section 72 or 74 2: The allocation plan must— a: comply with any relevant requirements specified in this subpart; and b: be presented to the House of Representatives as soon as practicable after it is issued, along with, in the case of the fishing allocation plan, the report provided to the Minister under section 76(5) 3: An allocation plan comes into force on the day after the date it is presented to the House of Representatives. 4: An allocation plan is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and for the purposes of the Acts and Regulations Publication Act 1989. 71: Correction of allocation plans 1: For the purpose of correcting any minor mistakes or defects in an allocation plan, the Minister may, without complying with section 75 or 76 2: An amended allocation plan comes into force at the time it is issued. 3: Section 70(2)(b) and (3) 72: Allocation in respect of pre-1990 forest land 1: The Minister must recommend to the Governor-General that an allocation plan be issued under section 70 2: The pre-1990 forest land allocation plan must provide for— a: an allocation of New Zealand units to— i: landowners, or former landowners, of eligible land who are eligible persons; or ii: a person appointed in accordance with section 73 paragraph (b)(i)(A) b: an allocation of New Zealand units of— i: 18 New Zealand units for each hectare of eligible land that was Crown forest licence land on 1 January 2008 and— A: will not have been transferred to iwi as part of a Treaty of Waitangi settlement by the date on which the allocation plan is issued; or B: has been, or will have been, transferred to iwi as part of a Treaty of Waitangi settlement either on or after 1 January 2008 but before the date on which the allocation plan is issued: ii: 39 New Zealand units for each hectare of eligible land, other than land covered by subparagraph (i) A: after 31 October 2002; or B: before 1 November 2002 if, since that date, ownership (including, if specified in the allocation plan, the beneficial ownership) of any body corporate owning the land or, if specified in the allocation plan, the beneficial ownership of the land owned by a body corporate, has changed in the manner and to the extent specified in the allocation plan: iii: 60 New Zealand units for each hectare of eligible land not covered in subparagraph (i) or (ii) 3: The pre-1990 forest land allocation plan must provide that the New Zealand units allocated under the plan will be transferred so that— a: a person allocated 18 units for each hectare of eligible land in accordance with subsection (2)(b)(i) i: 7 units for each hectare of eligible land by 31 December 2012; and ii: 11 units for each hectare of eligible land after 31 December 2012; and b: a person allocated 39 units for each hectare of eligible land in accordance with subsection (2)(b)(ii) i: 15 units for each hectare of eligible land by 31 December 2012; and ii: 24 units for each hectare of eligible land after 31 December 2012; and c: a person allocated 60 units for each hectare of eligible land in accordance with subsection (2)(b)(iii) i: 23 units for each hectare of eligible land by 31 December 2012; and ii: 37 units for each hectare of eligible land after 31 December 2012. 4: In addition to the matters provided for in subsections (2) and (3) a: must specify— i: the landowners, or former landowners, of the eligible land who are eligible persons; and ii: the manner in which, and the extent to which, the ownership of eligible land must have changed to constitute a transfer subsection (2)(b)(ii)(A) or (B) iii: the circumstances, if any, in which a transfer for the purposes of subsection (2)(b)(ii) iv: the manner in which, and the extent to which, the ownership of any body corporate owning eligible land must have changed for the purposes of subsection (2)(b)(ii)(B) v: the data and information, or the kind of data and information, that each eligible person must supply, and the form in which the person must supply the data and information, in order to— A: receive an allocation of New Zealand units under the plan; and B: enable the Minister to determine the person’s correct allocation of New Zealand units under the allocation plan; and vi: in relation to an eligible person who receives an allocation of New Zealand units,— A: the records, or the kinds of records, that the person must retain; and B: the form in which the person must retain the records; and C: the period for which the person must retain the records; and b: may specify— i: the manner in which, and the extent to which, the beneficial ownership of eligible land must have changed to constitute a transfer subsection (2)(b)(ii)(A) or (B) ii: the manner in which, and the extent to which, the beneficial ownership of any body corporate owning eligible land, or, if relevant, the beneficial ownership of the land owned by a body corporate, must have changed for the purposes of subsection (2)(b)(ii)(B) c: may provide for any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect. 5: Despite subsection (2)(b) subsection (2)(b)(iii) 6: For the purposes of— a: this section,— i: eligible land is to be treated as transferred on the settlement date, unless the pre-1990 forest land allocation plan specifies another date or event upon which any or all eligible land is to be treated as transferred; and ii: Crown forest licence land b: subsection (2)(b)(ii) i: transfer ii: body corporate 73: Minister to appoint person to hold certain New Zealand units 1: The Minister must, before making a determination in respect of the eligible land specified in section 72(2)(b)(i)(A) Gazette a: appoint a person to— i: apply for an allocation of New Zealand units in respect of the land; and ii: hold on trust for the future owners of the land any New Zealand units allocated in respect of the land; and b: notify— i: the structure, composition, and functions of the person; and ii: the terms and conditions upon which the person is to hold the New Zealand units. 2: If the Minister has not appointed a person in accordance with subsection (1) section 77(1) Gazette section 72(2)(b)(i)(A) subsection (1) 74: Allocation to owners of fishing quota 1: The Minister must recommend to the Governor-General that an allocation plan be issued under section 70 2: The fishing allocation plan must provide for— a: an allocation of New Zealand units to persons who— i: were shown on the quota register kept under Part 8 of the Fisheries Act 1996 as owners of fishing quota on 24 September 2009; and ii: meet any tests or thresholds that are specified in the allocation plan; and b: a total of 700 000 New Zealand units to be available for allocation under the allocation plan; and c: an allocation of New Zealand units to each eligible person calculated in accordance with the following formula: P = A × (B + C)/(D + E) where— P is the eligible person's allocation entitlement under the fishing allocation plan A is 700 000 New Zealand units B is the total quota weight equivalent (expressed in kilograms) of stocks, other than Foveaux Strait dredge oysters, owned by the eligible person on the close of 24 September 2009 C is the total quota weight equivalent (expressed as a number of oysters) of Foveaux Strait dredge oyster stock owned by the eligible person on the close of 24 September 2009 divided by 9.8 D is the sum of the total allowable commercial catch (expressed in kilograms) of stocks, other than Foveaux Strait dredge oysters (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown), on the close of 24 September 2009 E is the sum of the total allowable commercial catch (expressed as a number of oysters) of the Foveaux Strait dredge oyster stock divided by 9.8 (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown) on the close of 24 September 2009; and d: the data and information, or the kind of data and information, that each eligible person must supply, and the form in which the person must supply the data and information, in order to— i: receive an allocation of New Zealand units under the allocation plan; and ii: enable the Minister to determine the person's correct allocation of New Zealand units under the allocation plan; and e: in relation to an eligible person who receives an allocation of New Zealand units,— i: the records, or the kinds of records, that the person must retain; and ii: the form in which the person must retain the records; and iii: the period for which the person must retain the records; and f: any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect. 3: For the purposes of this section, quota weight equivalent total allowable commercial catch 75: Consultation on pre-1990 forest land allocation plan 1: Before making a recommendation under section 72 2: A failure to comply with this section does not affect the validity of any pre-1990 forest land allocation plan issued under section 70 3: Any consultation undertaken before the commencement of this section in respect of the pre-1990 forest land allocation plan is to be treated as the consultation required for the purposes of this section. 76: Consultation on fishing allocation plan 1: Before making a recommendation under section 74(1) a: prepare a draft fishing allocation plan; and b: consult, or be satisfied that the chief executive has consulted, persons (or their representatives) that appear to the Minister or the chief executive likely to have an interest in the fishing allocation plan. 2: The draft fishing allocation plan must provide for the matters set out in section 74(2) 3: The Minister must ensure that— a: public notice is given of the draft fishing allocation plan; and b: the draft fishing allocation plan is made available in hard copy at the office of, and is accessible via the Internet site of the department of, the chief executive responsible for the administration of this Act and at such other places as the Minister considers appropriate. 4: The notice of the draft fishing allocation plan given under subsection (3) a: how a hard copy of the draft fishing allocation plan may be obtained; and b: that any person may make a submission on the draft fishing allocation plan, how submissions may be made, and by what date submissions must be made (which must be no earlier than 20 working days after the date on which notice is given). 5: If any submission is made on the draft fishing allocation plan under subsection (4) 77: Determinations made in accordance with allocation plan 1: As soon as practicable after an allocation plan comes into force, the Minister must give public notice inviting any person who may be eligible for an allocation of New Zealand units under the allocation plan to apply for an allocation. 2: The notice under subsection (1) a: the form in which an application must be made; and b: the final date by which applications for an allocation of New Zealand units under the allocation plan must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 40 working days after the date on which the notice is given and, in the case of a fishing allocation plan, be no earlier than 20 working days after the date on which the notice is given); and c: the data and other information, or the kind of data and other information, that must accompany the application in order for the person’s application to be considered (which must be the data and other information specified in the allocation plan); and d: how the data and other information are to be supplied. 3: To avoid doubt, data and information supplied under subsection (2) 4: Despite anything in this subpart or in any allocation plan,— a: a person is not entitled to receive an allocation of New Zealand units under an allocation plan unless the person applies to the Minister for an allocation under the allocation plan and supplies the required data and other information in the required format; and b: the Minister is not required to make a determination in respect of an application for an allocation if the application is received after the date specified in the notice under subsection (2)(b) 5: The Minister must, in relation to each application received by the date specified in the notice given under subsection (1) a: whether the person is eligible to receive an allocation of New Zealand units under the plan; and b: the total number of New Zealand units the person is entitled to receive under the plan (which may be expressed by reference to a formula); and c: the year or years in which the New Zealand units will be transferred to the person. 6: After making a preliminary determination, the Minister must notify the applicant of the following: a: whether, in the Minister's opinion, the person is an eligible person under the allocation plan, and— i: if so, the total number of New Zealand units the Minister has determined the person is entitled to receive under the plan (which may be expressed by reference to a formula) and the year or years in which those units will be transferred; and ii: if not, the reasons for that opinion; and b: that, if the applicant believes there are any errors or miscalculations in the Minister’s preliminary determination of eligibility or entitlement, the person may provide further information to the Minister supporting a different determination; and c: the final date by which any further information must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 20 working days after the date on which the notice is given, and in the case of a fishing allocation plan, be no earlier than 10 working days after the date on which the notice is given). 7: Following the expiry of the date referred to in subsection (6)(c) subsection (5) 8: As soon as practicable after making a final determination under subsection (7) a: notify the applicant of the determination; and b: publish the determination in the Gazette c: ensure that the determination is accessible via the Internet site of the department of the chief executive responsible for the administration of this Act; and d: if New Zealand units are allocated to an applicant, direct the Registrar to transfer the allocated New Zealand units to the applicant's holding account in the amounts and on the date or dates specified in the determination. 9: For the purposes of making a preliminary determination under subsection (5) subsection (7) 10: To avoid doubt, and without limiting the powers conferred under sections 94 to 106, the chief executive or any other person with powers under sections 94 to 106 may exercise those powers for the purposes of ascertaining whether a person who applies for an allocation of New Zealand units or is allocated New Zealand units under an allocation plan is complying with, or has complied with,— a: any requirement in this section or section 78 or 79 b: any requirement in the relevant allocation plan (for example, a requirement to keep records). 78: Power to revoke and replace determinations 1: Despite anything in section 77(7) or (8) section 77(7) a: the allocation plan under which the determination was made is amended; or b: in the Minister's opinion, the determination has resulted, or would otherwise result, in a person receiving an incorrect allocation because— i: of an error in the application of the criteria specified in the applicable allocation plan; or ii: a person has provided altered, false, incomplete, or misleading information in response to a notice given under section 77(1) or (6) or 86E 2: Before revoking and replacing a determination that would affect the number of units allocated to a person, the Minister must— a: make a preliminary determination of the matters specified in section 77(5) b: give notice to the person of— i: the ground specified in subsection (1) ii: the Minister’s preliminary determination made under paragraph (a) c: follow the procedure in section 77(6) to (8) 3: The Minister may not revoke or replace a determination under this section after the expiry of 4 years from the date of notification of the Minister’s first determination under section 77(7) 4: Despite subsection (3) 5: Subsections (6) and (7) a: the Minister has made a determination under section 77 b: New Zealand units have been transferred to Te Ohu Kai Moana Trustee Limited under the determination in respect of unallocated quota; and c: Te Ohu Kai Moana Trustee Limited has allocated and transferred unallocated quota together with New Zealand units associated with that quota to any iwi or mandated iwi organisation in accordance with section 138A(2) of the Maori Fisheries Act 2004; and d: the Minister reconsiders the determination. 6: In reconsidering the determination of Te Ohu Kai Moana Trustee Limited's entitlement, the Minister must treat an iwi or a mandated iwi organisation which has received unallocated quota from Te Ohu Kai Moana Trustee Limited as if it owned that quota on 24 September 2009. 7: If the Minister decides that the determination of Te Ohu Kai Moana Trustee Limited’s entitlement to New Zealand units should be revoked, the Minister must make a new determination of— a: Te Ohu Kai Moana Trustee Limited’s entitlement to be allocated New Zealand units under the fishing allocation plan as if the unallocated quota that Te Ohu Kai Moana Trustee Limited owns on the date of the new determination were all the unallocated quota it owned on 24 September 2009; and b: the entitlement of an iwi or a mandated iwi organisation that has received unallocated quota to be allocated New Zealand units under the fishing allocation plan as if that iwi or mandated iwi organisation owned the unallocated quota it received on 24 September 2009. 8: In subsections (5) to (7) and section 79(4) iwi mandated iwi organisation unallocated quota 79: Effect of new determination 1: If the Minister makes a new determination in accordance with section 78 a: the new determination applies and replaces the earlier determination from the date the new determination is made; and b: the Minister— i: may, if practicable, amend or revoke any direction given under section 77(8)(d) ii: must otherwise give any new direction necessary under section 77(8)(d) 2: Subject to subsection (3) 3: If New Zealand units have been transferred to a person under an earlier determination and the person would not be entitled under the new determination to those New Zealand units (including where the result of the new determination is that the person would not be entitled to any New Zealand units under the allocation plan), then— a: the notice of the new determination given to the person under section 77(8) i: the number of units required to be repaid; and ii: the Crown holding account into which they must be transferred; and b: the person must, within 60 working days after the date of the notice, repay those units by transferring the specified number of units to a Crown holding account in accordance with the notice, and sections 134 and 135 apply, with any necessary modifications, as if— i: the units the person is required to repay were units transferred to the person in error; and ii: the requirement to repay the units arose under section 125. 4: This section applies to any new determination made in accordance with section 78(7) a: only the New Zealand units associated with the unallocated quota held by Te Ohu Kai Moana Trustee Limited at the date of the new determination had been transferred to it under the earlier determination; and b: the New Zealand units associated with the unallocated quota transferred to an iwi or a mandated iwi organisation by Te Ohu Kai Moana Trustee Limited had been transferred to the iwi or mandated iwi organisation under the earlier determination. Allocation of New Zealand units in relation to industry and agriculture 80: Criteria for allocation of New Zealand units to industry 1: A person is eligible for an allocation of New Zealand units for an eligible industrial activity in respect of a year if the person carries out the activity at any time in a year. 2: Subsection (1) sections 86E and 161D(7) 81: Entitlement to provisional allocation for eligible industrial activities Subject to section 82 PA = LA × ∑(PDCT × AB) where— PA is the person’s provisional allocation entitlement for the eligible industrial activity for the year LA is the level of assistance for the eligible industrial activity for the year, being,— a: for a moderately emissions-intensive eligible industrial activity,— i: 0.6 in 2010, 2011, and 2012; and ii: in each year after 2012, the level of assistance from the previous year less 1.3% (the phase-out rate for a moderately emissions-intensive eligible industrial activity) (expressed to 2 decimal places): b: for a highly emissions-intensive eligible industrial activity,— i: 0.9 in 2010, 2011, and 2012; and ii: in each year after 2012, the level of assistance from the previous year less 1.3% (the phase-out rate for a highly emissions-intensive eligible industrial activity) (expressed to 2 decimal places) ∑ is the symbol for summation (of each PDCT × AB calculation) PDCT is the amount of each prescribed product from the eligible industrial activity produced by the person in the year immediately preceding the year to which the provisional allocation relates, as determined, if relevant, in accordance with regulations made under this Act AB is the prescribed allocative baseline for the applicable product that is required to be used by the eligible person by regulations made under this Act. 82: Entitlement to allocation for eligible industrial activities where provisional allocation not received 1: An eligible person who carries out an eligible industrial activity at any time in a year, but did not carry out that activity during the immediately preceding year (a new entrant section 81 subsection (2) 2: A new entrant or other eligible person who did not receive a provisional allocation of New Zealand units for an eligible industrial activity in respect of a year is entitled to an allocation of New Zealand units for the eligible industrial activity for the year calculated in accordance with the formula in section 83(2) 83: Annual allocation adjustment 1: A person who has received a provisional allocation of New Zealand units for an eligible industrial activity in respect of a year must, subject to section 84 a: determining the person’s final allocation entitlement for the eligible industrial activity in respect of the year in accordance with the formula in subsection (2) b: then determining the annual allocation adjustment in accordance with the formula in subsection (3) 2: The formula for the calculation of a person’s final allocation entitlement is as follows: FA = LA × ∑(PDCT × AB) where— FA is the person’s final allocation entitlement for the eligible industrial activity for the year LA is the level of assistance for the activity for the year, being,— a: for a moderately emissions-intensive eligible industrial activity,— i: 0.6 in 2010, 2011, and 2012; and ii: in each year after 2012, the level of assistance from the previous year less 1.3% (the phase-out rate for a moderately emissions-intensive eligible industrial activity) (expressed to 2 decimal places): b: for a highly emissions-intensive eligible industrial activity,— i: 0.9 in 2010, 2011, and 2012; and ii: in each year after 2012, the level of assistance from the previous year less 1.3% (the phase-out rate for a highly emissions-intensive eligible industrial activity) (expressed to 2 decimal places) ∑ is the symbol for summation (of each PDCT × AB calculation) PDCT is the amount of each prescribed product from the eligible industrial activity produced by the person in the year, as determined, if relevant, in accordance with regulations made under this Act AB is the prescribed allocative baseline for the applicable product that is required to be used by the eligible person by regulations made under this Act. 3: The formula for the calculation of a person’s annual allocation adjustment is as follows: AA = PA – FA where— AA is the person’s annual allocation adjustment of units for the eligible industrial activity for the year PA is the person's provisional allocation for the eligible industrial activity notified by the chief executive under section 86B FA is the person's final allocation entitlement for the eligible industrial activity for the year calculated under subsection (2) 4: If the figure for AA calculated under the formula in subsection (3) a: is a negative number, then the person is entitled to be allocated the number of units in the annual allocation adjustment: b: is a positive number, then the person is liable to repay the number of units in the annual allocation adjustment. 5: If an eligible person is entitled to be allocated the number of units in an annual allocation adjustment and the person— a: makes an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment relates, then the person must record the adjustment in the person's application for a provisional allocation for the following year: b: does not make an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment relates, the person may make a separate application under section 86 6: If an eligible person is liable to repay the number of units in an annual allocation adjustment and the person— a: makes an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment relates, then— i: the person must record the adjustment for the year in the person's application for a provisional allocation for the following year; and ii: subject to section 86B b: does not make an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment relates, then the person must— i: by 30 April in the year following the year to which the annual allocation adjustment relates, notify the chief executive of the person’s annual allocation adjustment; and ii: by 31 May in the year following the year to which the annual allocation adjustment relates, repay the number of units in the annual allocation adjustment by transferring the units to a Crown holding account designated by the chief executive. 7: If a person is required to repay units under this section, then— a: the units repaid must be of a type that may be transferred to a surrender account at the time the units are repaid; and b: sections 134 and 135 apply, with any necessary modifications, as if— i: the units the person is required to repay were units transferred to the person in error; and ii: the requirement to repay the units arose under section 125. 84: Closing allocation adjustment 1: An eligible person who has received a provisional allocation for an eligible industrial activity in respect of a year and who ceases during the year to carry out that activity must, within 20 working days of ceasing to carry out the activity,— a: calculate the person’s final allocation entitlement for the activity for the year in accordance with the formula in section 83(2) b: using the formula in section 83(3) section 83(3) c: if the closing allocation adjustment is— i: a negative number, apply to the chief executive under section 86 ii: a positive number, notify the chief executive of the person's closing allocation adjustment and repay the number of units in the closing allocation adjustment by transferring the units to a Crown holding account designated by the chief executive. 2: For the purposes of subsection (1) a: is not immediately to be treated as having ceased to carry out the activity; but b: must, if the person does not carry out the activity for a period of 3 months in the year, notify the chief executive as soon as practicable after the expiry of that 3-month period of that fact; and c: must, if given notice by the chief executive (following receipt of the person’s notice under paragraph (b) subsection (1) subsection (1) 3: Subject to subsection (4) subsection (1) a: is not required to comply with section 83 b: may not calculate an annual allocation adjustment under section 83 4: A person who has applied for or notified a closing allocation adjustment in accordance with subsection (1) a: may calculate an annual allocation adjustment for the year in accordance with the following formula: AA = PA – FA – CAA where— AA is the person’s annual allocation adjustment of units for the eligible industrial activity for the year PA is the person's provisional allocation for the eligible industrial activity for the year notified by the chief executive under section 86B FA is the person's final allocation entitlement for the eligible industrial activity for the year (which must be calculated in accordance with section 83(2) CAA is the amount of the person’s closing allocation adjustment for the eligible industrial activity; and b: is entitled to be allocated the number of units in the person’s annual allocation adjustment (as calculated under paragraph (a) section 83(5) 5: Section 83(7) section 83 85: Allocation of New Zealand units in relation to agriculture 1: A person is eligible for an allocation of New Zealand units for an eligible agricultural activity in respect of a year if the person carries out the activity at any time in the year. 2: An eligible person is entitled to an allocation for the eligible agricultural activity in respect of the year calculated in accordance with the following formula: A = LA × ∑(PDCT × AB) where— A is the person's allocation entitlement for the eligible agricultural activity for the year LA is the level of assistance for the eligible agricultural activity for the year, being— a: 0.9 for 2015; and b: for each year after 2015, the level of assistance from the previous year less 1.3% (the phase-out rate for an eligible agricultural activity) (expressed to 2 decimal places) ∑ is the symbol for summation (of each PDCT × AB calculation) PDCT is the total amount of each product from the eligible agricultural activity produced by the person in the year as determined, if relevant, in accordance with regulations made under this Act AB is the prescribed allocative baseline for the applicable product. 3: Despite section 86(1)(c) section 86 subsection (2) 4: A person— a: is not to be treated as having ceased to carry out an eligible agricultural activity for the purposes of subsection (3) b: must, if the person does not carry out the eligible agricultural activity for a period of 3 months in a year, be treated as having ceased to carry out the activity in the year. 5: Subject to subsection (6) closing year subsection (3) section 86 6: An eligible person who has applied in accordance with subsection (3) section 86 subsection (3) subsection (2) 86: Applications for allocation of New Zealand units for industry and agriculture 1: An eligible person who wishes to be allocated New Zealand units for an eligible industrial activity or eligible agricultural activity under this subpart must, unless this subpart otherwise provides, apply to the chief executive for an allocation— a: no later than 30 April in the year to which it relates, if the application is for a provisional allocation for an eligible industrial activity in respect of a year; and b: no later than 30 April in the year following the year to which it relates, if the application is for an allocation (other than a provisional allocation for an industrial activity) in respect of a year (including for an allocation of an annual allocation adjustment); and c: on or after 1 January and before 31 December in the year following the year to which it relates, if the application is for an allocation for an eligible agricultural activity in respect of a year. 2: An application under subsection (1) a: be in the prescribed form; and b: contain, as relevant, the applicant’s assessment of,— i: in the case of an eligible industrial activity, the person’s— A: provisional allocation entitlement in respect of the year calculated in accordance with section 81 B: final allocation entitlement in respect of the previous year calculated in accordance with section 83(2) C: annual allocation adjustment relating to the previous year calculated in accordance with section 83(3) or 84(4) D: closing allocation adjustment for the year calculated as required under section 84(1)(b) ii: in the case of an eligible agricultural activity, the person’s— A: allocation entitlement in respect of the previous year calculated in accordance with section 85(2) B: if section 85(3) c: be accompanied by— i: any other information that the chief executive may require; and ii: the prescribed fee (if any); and d: contain the account number of the eligible person’s holding account, required by section 61 86A: Provisional allocation to industry in and after 2013 Despite section 86(1)(a) section 161A(1)(a) prescribing year a: commencing on the date the regulation prescribing the activity as an eligible industrial activity comes into force; and b: ending on the date 3 months after the date in paragraph (a) 86B: Decisions on applications for allocations of New Zealand units to industry and agriculture 1: On receipt of an application under section 86 a: whether the applicant is eligible to receive an allocation in respect of the application: b: if in the chief executive’s opinion the applicant is eligible for an allocation in respect of the application, the number of units the applicant is entitled to be allocated in respect of the application that, if the application relates to a provisional allocation for an eligible industrial activity, must— i: include any units to which the person is entitled in respect of an annual allocation adjustment for the previous year; or ii: be net of any units required to be deducted from the person’s provisional allocation entitlement in accordance with section 83(6)(a) 2: If the chief executive decides under subsection (1) a: notify the applicant of— i: the number of units the applicant has been allocated in respect of the application and, in the case of an eligible industrial activity, any adjustment to that allocation that the chief executive has made under subsection (1) ii: the person's right under section 144 to seek a review of the allocation decision; and b: direct the Registrar to transfer to the holding account notified in the person’s application the number of units notified under paragraph (a) subsection (1) 3: If the chief executive decides under subsection (1) section 83(6)(a) a: the chief executive's decision; and b: the reasons for the decision; and c: if the result of the decision is that the person is liable to repay more units than the number of units to which the person would have been entitled in respect of the application, the number of units in the shortfall; and d: the person's right under section 144 to seek a review of the allocation decision. 4: If a person has failed to notify the chief executive of an annual allocation adjustment or a closing allocation adjustment when required by section 83(6)(b) or 84(1)(c)(ii) section 83(6)(b) or 84(1)(c)(ii) 5: The chief executive must, as soon as practicable, after deciding an eligible person’s final allocation for an eligible activity in respect of a year,— a: publish the decision in the Gazette b: ensure it is accessible via the Internet site of the department of the chief executive responsible for the administration of this Act. 6: For the purposes of subsection (5) a: the final allocation of a person who received a provisional allocation for an eligible industrial activity is the person’s provisional allocation for the activity in respect of the year adjusted by the annual allocation adjustment for the activity for the year (or closing allocation adjustment, as the case may be); and b: the chief executive is not required to publish the final allocation of an eligible person for an eligible activity in respect of a year, or ensure it is accessible via the Internet, if the chief executive considers that publishing that information would be likely to prejudice unreasonably the commercial position of the eligible person who received the allocation. 86C: Reconsideration of allocation decisions 1: Without limiting section 144, the chief executive may reconsider, vary, or revoke any decision made under section 86B a: of an error in the calculation of the person’s entitlement to an allocation or liability to repay units under this subpart; or b: the person has provided altered, false, incomplete, or misleading information in or with an application. 2: The chief executive may not make a decision in relation to an annual allocation adjustment or a closing allocation adjustment under section 86B(4) subsection (1) 3: However, if the chief executive is satisfied that a notice under section 83(6)(b) or 84(1)(c)(ii) section 86, 86E section 86B(4) subsection (1) 4: If the chief executive makes a decision in relation to an annual allocation adjustment or a closing allocation adjustment under section 86B(4) subsection (1) section 83(6)(b) or 84(1)(c)(ii) a: the particulars of the decision, or variation or revocation of the decision; and b: any grounds or information upon which the decision or variation or revocation of the decision was based; and c: the person's right under section 144 to seek a review of the allocation decision. 5: If the result of a decision in relation to an annual allocation adjustment or a closing allocation adjustment under section 86B(4) subsection (1) a: units to which the person was not entitled, or to have repaid too few units, the person must within 90 working days after the date of the notice under subsection (4) b: fewer units than the person was entitled to, or to have repaid too many units, the chief executive must, as soon as practicable after the date of the notice under subsection (4) 6: Section 83(7) subsection (5) section 83 86D: Retention of records and materials in relation to allocation 1: A person who has been allocated New Zealand units for an eligible activity must keep sufficient records to enable the chief executive to verify, for any year in respect of which the person received an allocation,— a: that the person was an eligible person; and b: the person’s calculations of the person’s entitlement to be allocated New Zealand units or liability to repay units under the relevant subsections in sections 81 to 85 c: the total amount of each product produced by the person from the eligible activity in the year, as determined, if relevant, in accordance with regulations made under this Act; and d: any other prescribed information. 2: The records specified in subsection (1) a: must include— i: a copy of any application made to the chief executive under section 86 section 83(6)(b) or 84(1)(c)(ii) ii: any information used to prepare the application or notice; and b: must be retained for a period of at least 7 years after the end of the year to which the application or notice relates. 86E: Minister or chief executive may require further information for purpose of carrying out functions under subpart 1: For the purposes of making a determination under section 77 or 78 section 86B a: a person who has made an application for an allocation of New Zealand units or notified an annual allocation adjustment or closing allocation adjustment: b: a person who has failed to notify an annual allocation adjustment or closing allocation adjustment as required by section 83(6)(b) or 84(1)(c)(ii) c: a person who may be affected by a reconsideration of a determination or decision. 2: A notice under subsection (1) 3: A notice under subsection (1) a: eligible for an allocation of New Zealand units; or b: entitled to the allocation that the person has applied for or received (in relation to an annual allocation adjustment or a closing allocation adjustment). 4: The Minister or chief executive may, as appropriate, for the purpose of verifying whether a determination made under section 77 or 78 section 86B 5: A person who has received a notice under this section must supply the information requested within the period specified in the notice. 6: A person who fails to comply with a notice under this section within the period specified in the notice, or any further period agreed with the Minister or chief executive as appropriate, and who— a: has applied for an allocation under an allocation plan or under section 86 b: has been allocated but not yet received some or all units allocated to the person under an allocation plan is not entitled to be transferred any units or any further units allocated to the person under the plan. 86F: Balance of units at end of true-up period or other balance date 1: By the end of the true-up period, the Minister must ensure that the Crown holds, in any Crown holding account in the Registry, or in any retirement or surrender account, a number of Kyoto units equal to the number of New Zealand units issued into a Crown holding account during the first commitment period, but not including New Zealand units that are, during the first commitment period,— a: transferred to a conversion account in accordance with section 30E; or b: allocated to pre-1990 forest land owners under the pre-1990 forest land allocation plan that will be transferred after 31 December 2012 and that have not been transferred to a cancellation account; or c: transferred to a cancellation account. 2: Subsection (3) a: the Protocol during a subsequent commitment period; or b: a successor international agreement. 3: If this subsection applies the Governor-General may, by Order in Council made on the recommendation of the Minister, specify a date by which the Crown must hold, in any Crown holding account in the Registry, or in any retirement or surrender account, a number of Kyoto units or approved overseas units received under any international agreement as calculated under subsection (4) 4: The number of Kyoto or approved overseas units held in accordance with subsection (3) a: transferred to a conversion account in accordance with section 30E; or b: allocated to pre-1990 forest land owners under the pre-1990 forest land allocation plan that will be transferred after 31 December 2012 and that have not been transferred to a cancellation account; or c: transferred to a cancellation account. 5: If an Order in Council is made under subsection (3) 6: For the purposes of subsection (1) true-up period 33: Functions of chief executive 1: Section 87(1) ba: administer allocations relating to industry and agriculture in accordance with sections 80 to 86E . 2: Section 87(1) d: direct the Registrar to transfer New Zealand units to which participants are entitled for removal activities to participants’ holding accounts; and . 34: Chief executive to publish certain information 1: Section 89(1)(e) subsection (3) subsections (3) and (4) 2: Section 89(1) i: the total number of New Zealand units allocated under subpart 2 less any units repaid. 3: Section 89(3) or the information required under subsection (1)(i) in respect of an activity 4: Section 89(3) or an eligible person's own allocation emissions 5: Section 89(3)(a) participant participant or eligible person 6: Section 89 4: The chief executive is only required to publish the total quantity of emissions and the total quantity of removals in aggregate for the activities in Part 1 of Schedule 4. 35: Power of entry for investigation Section 100(1) and Part 5 or Part 5 36: Matters in relation to which chief executive may decline to make emissions rulings Section 108 1: The chief executive may not make an emissions ruling–– a: with respect to a provision that authorises or requires the chief executive to— i: impose or remit a penalty; or ii: inquire into the correctness of any return or other information supplied by any person; or iii: prosecute any person; or iv: recover any debt owing by any person; or b: if the information submitted with the application for the ruling, including (but not limited to) information submitted under section 107(3), raises questions of fact that the chief executive would need to determine in order to make the ruling. 37: Submission of final emissions returns 1: Section 118(3) a: a person who has— i: ceased to carry out an activity listed in Schedule 3 or 4 in relation to which the person was a participant; and ii: left, or is about to leave, New Zealand: . 2: Section 118(4) a: contain all of the information required in an annual emissions return under section 65(2), but only in respect of the following periods, as relevant: i: if the return is submitted in response to a requirement of the chief executive under subsection (2), the period specified by the chief executive: ii: if the return is made under subsection (3)(a) A: beginning on the later of 1 January in the year in which the return is submitted, or the day after the end of the period covered by the last emissions return submitted by the person for the activity; and B: ending on the day the person ceased to carry out the specified activity, or the last of the specified activities covered by the return: iii: if the return is made under subsection (3)(c) or (d), the period determined by the submitter; and . 3: Section 118 6: Despite anything in subsection (3),— a: a person who meets the conditions in that subsection, and who is (at the time of meeting those conditions) a member of a consolidated group, may not submit a final emissions return; and b: the nominated entity of the consolidated group of which the person is a member may not submit a final emissions return in respect of the person. 7: To avoid doubt, a person who submits a final emissions return in respect of a specified activity under this section— a: is not required to submit an annual emissions return under section 65 that covers the activity for any period covered by the return submitted under this section; but b: must, if the final emissions return does not cover the full period in which the activity was carried out by the participant in a year, submit an annual emissions return under section 65 in respect of the activity that covers any part of the year in which the activity was carried out by the participant that is not covered by the return submitted under this section. 38: Power to extend date for emissions returns Section 119(a) before by 39: Effect of amendment or assessment Section 123 5: If the amendment or assessment results in an entitlement for a participant to receive New Zealand units for the participant's removal activities, the chief executive must direct the Registrar to transfer the number of New Zealand units to which the participant is entitled to the participant's holding account. 40: Reimbursement of units by chief executive Section 124 124: Reimbursement of units by chief executive 1: If the chief executive is required to arrange for the reimbursement of units to a person under section 123(4), 126(2), 138(2), or 189(7), the chief executive must direct the Registrar to transfer units to the person in accordance with subsection (2) 2: If the reimbursement is of— a: New Zealand units or approved overseas units, the chief executive must direct the Registrar to transfer the applicable number of New Zealand units or approved overseas units from the appropriate surrender account or Crown holding account to the person's holding account; or b: Kyoto units, the chief executive must direct the Registrar to transfer the applicable number and type of Kyoto units from the appropriate surrender account or Crown holding account to the person's holding account. 3: The chief executive must take into account the views of the person to whom units will be reimbursed about the type of units to be reimbursed when determining what units to reimburse. 41: Repayment of units by persons in case of error Section 125(1) or other Crown account or other account held by the Crown 42: Strict liability offences 1: Section 129(1)(b) iia: fails to comply with the requirements relating to the calculation of, application for, or notification of an annual allocation adjustment or closing allocation adjustment under section 83 or 84 section 84(1)(a) to (c) section 84(2)(c) iii: fails to keep records as required— A: under section 67 or 86D B: by a fishing allocation plan; or C: by a pre-1990 forest land allocation plan; or . 2: Section 129(1)(b) v: fails to notify the chief executive, within the time required, of a matter required to be notified under section 84(2)(b) or 192(3) 43: Other offences 1: Section 132(1) da: knowingly fails to comply with the requirements relating to the calculation of, application for, or notification of an annual allocation adjustment or a closing allocation adjustment under section 83 or 84 84(1)(a) to (c) section 84(2)(c) e: knowingly fails to keep records as required— i: under section 67 or 86D ii: by a fishing allocation plan; or iii: by a pre-1990 forest land allocation plan; or . 2: Section 132(1)(f) the Minister or emissions returns) to 44: Evasion or similar offences 1: Section 133(1) ba: fails to comply with the requirements relating to calculation and application for or notification of an annual allocation adjustment or a closing allocation adjustment under section 83 or 84 section 84(1)(a) to (c) section 84(2)(c) c: fails to keep records as required— i: under section 67 or 86D ii: by a fishing allocation plan; or iii: by a pre-1990 forest land allocation plan; or . 2: Section 133(1)(e) the Minister or emissions returns) to 45: New section 136 substituted Section 136 136: Additional penalty for knowing failure to comply 1: This section applies to a person who— a: is or was liable following— i: a new determination under section 78 section 86C ii: an amendment under section 120 or an assessment under section 121 to surrender units (or additional units) or to repay units, in respect of any period covered by, or that should have been covered by, an emissions return; and b: is convicted of an offence under section 132(1)(c) to (f) or 133 that relates to— i: the units allocated and transferred to the person (including, but not limited to, the provision of information); or ii: an emissions return that was— A: amended under section 120; or B: assessed under section 121. 2: If this section applies, the person is liable, in addition to any penalty imposed in respect of the offence, to— a: as the case may require,— i: transfer to the Crown holding account designated by the Minister or chief executive in the notice referred to in section 79(3) or 86C(4) section 79(3)(a) or 86C(4) ii: surrender a number of units equivalent to the number of units determined by the chief executive in the amendment under section 120 or the assessment under section 121, or in any review or appeal proceedings relating to that determination; and b: pay an excess emissions penalty of $30 for each unit the person is liable to transfer or surrender under paragraph (a) 3: If this section applies, the chief executive must give a notice to the person that— a: sets out the— i: number of additional units that the person is required to transfer to a Crown holding account or surrender under subsection (2) ii: amount of the excess emissions penalty to which the person is liable under subsection (2) b: requires the person to transfer to the designated Crown holding account or surrender the additional units, and pay the penalty within 90 days after the date of the notice; and c: advises that, unless both the units are transferred to the designated Crown holding account or surrendered (as the case may require) and the penalty paid in full by the due date, interest on the amount of the penalty will accrue in accordance with section 137. 4: To avoid doubt, any liability to transfer units to a Crown holding account or surrender units and pay a penalty under subsection (2) 5: The amount of the excess emissions penalty, together with any interest that accrues on that penalty, constitutes a debt due to the Crown and is recoverable by the chief executive in a court of competent jurisdiction. 46: Interest for late payment 1: Section 137 1: This section applies if— a: a person— i: has failed to surrender or repay units when required to do so and is liable to pay an excess emissions penalty in relation to those units under section 134(2)(b)(i) or (iii); or ii: is required to surrender or repay units under section 123 and is liable to pay an excess emissions penalty in relation to those units under section 134(2)(b)(ii); or iii: is required to transfer units to a Crown holding account or surrender units and pay an excess emissions penalty under section 136 b: the person does not comply, or comply in full, with the requirement to surrender or repay units and to pay the penalty by the relevant date. 2: Section 137(2) b: for the period from the date by which the penalty was due to be paid until the associated liability to surrender or repay units or to transfer units to a Crown holding account under section 136 3: Section 137 3: To avoid doubt, interest accrues under subsection (2) even if the amount of the excess emissions penalty in a penalty notice has been paid in full if the associated requirement to surrender or repay units or to transfer units to a Crown holding account under section 136 4: Section 137(4) a: the failure of the person to comply with the requirement to surrender or repay units or to transfer units to a Crown holding account under section 136 . 47: Obligation to pay penalty not suspended by appeal 1: Section 138 1: The obligation to pay and the right to receive and recover any excess emissions penalty or interest imposed under section 134, 136 section 136 2: Section 138 2: If the applicant or appellant is successful in the review or appeal, the amount of any excess emissions penalty or interest paid by the applicant must be refunded to the applicant or appellant by the chief executive, and any units not required to be transferred to a Crown holding account or surrendered must be reimbursed in accordance with the procedure specified in section 124 48: Formation of consolidated group 1: Section 150(6)(a) consolidated formation of the 2: Section 150(6)(a) the following that 3: Section 150(6)(b) consolidated formation of the 4: Section 150(6)(b) year following the next year following year 5: Section 150 6A: Despite subsection (1), 2 or more members of a group may, if they elect to form a consolidated group in respect of an activity, give notice to the chief executive under subsection (3)— a: at the same time they all give notice to the chief executive under section 56 in respect of that activity; or b: at the same time they all submit an application under section 57 in respect of that activity. 6B: Despite sections 56(1), 57(3), and 61 subsection (6A) section 61 a: the notice given in accordance with subsection (6A) b: the nominated entity specified in the notice given in accordance with subsection (6A) 49: Changes to consolidated groups 1: Section 151 4: Subject to subsection (6) 2: Section 151 6: An entity may, if the entity elects to be treated as a member of a consolidated group on and after the date the entity is registered as a participant in respect of an activity, give notice to the chief executive under subsection (1)— a: at the same time as giving notice to the chief executive under section 56 in respect of that activity; or b: when submitting an application under section 57 in respect of that activity. 7: Despite sections 56(1), 57(3), and 61 subsection (6) section 61 a: giving notice to the chief executive under section 56 in respect of that activity; or b: submitting an application under section 57 in respect of that activity. 50: New section 151A inserted The following section is inserted after section 151 151A: Addition of activities to consolidated groups 1: A member of a consolidated group may elect to add to the activities in respect of which the member is treated as a member of the consolidated group by giving notice to the chief executive in the prescribed form. 2: A notice given under subsection (1) a: include the name of the member and the activity or activities the member is electing to add to the activities in respect of which the member is treated as a member of the consolidated group; and b: contain the agreement of every existing member of the consolidated group— i: to be jointly and severally liable with the other members of the group for any obligations under this Part or Part 5 in respect of emissions and removals resulting from the member's activity or activities specified in the notice; and ii: to the transfer to the consolidated group’s holding account, on behalf of the group, of any units to which the adding member may become entitled in respect of the activity or activities specified in the notice. 3: The chief executive must acknowledge that the member has added the activity or activities specified in the notice under subsection (1) 4: If a member has elected under subsection (1) a: if the notice of the election is received by the chief executive by 30 September in a year, on and after 1 January of that year: b: if the notice of the election is received by the chief executive after 30 September in a year, on and after 1 January of the next year. 51: Effect of being member of consolidated group 1: Section 153(6)(a)(ii) section 118 in respect of a participant section 187 in respect of an entity 2: Section 153 7: To avoid doubt, an emissions return for a consolidated group or any member of a consolidated group may be submitted only by the nominated entity of the consolidated group. 52: Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4 1: Section 154(1)(a) an activity 1 or more of the activities 2: Section 154(1) ab: may, if section 189(2)(d) section 189(4A) . 3: Section 154(2) or, if the return does not relate to a period covered by the emissions return, as if section 153(2) to (5) referred to the liability to surrender units or entitlement to be transferred units in relation to the emissions return covered by the emissions return 4: Section 154 3: To avoid doubt, only the nominated entity may submit an emissions return for a consolidated group that has been formed in respect of 1 or more of the activities listed in Part 1 of Schedule 4. 53: Ceasing to be member of consolidated group 1: Section 155(2) a: if subsection (1)(a) applies and the notice of election to cease to be a member of the consolidated group is received by the chief executive— i: by 30 September in any year, on and after 1 January of that year; or ii: after 30 September in any year, on and after 1 January of the following year; and . 2: Section 155(2)(d) consolidated nominated entity for the 3: Section 155 6: Subsection (7) a: ceases to be a member of a consolidated group but remains a participant; and b: does not have its own holding account. 7: An entity to which this subsection applies must,— a: immediately upon ceasing to be a member of the consolidated group, apply to open a holding account under section 18A; and b: supply the account number of the holding account, or ensure the account number of the holding account is supplied, to the chief executive within 10 working days of receiving the account number from the Registrar. 54: New section 156A inserted The following section is inserted after section 156 156A: Removal of activities from consolidated groups 1: A member of a consolidated group may elect to remove 1 or more activities from the activities in respect of which the member is treated as a member of the consolidated group by giving notice to the chief executive in the prescribed form. 2: The activity or activities specified in the notice under subsection (1) a: if the notice of the election is received by the chief executive by 30 September in a year, on and after 1 January of that year: b: if the notice of the election is received by the chief executive after 30 September in a year, on and after 1 January of the next year. 3: The chief executive must acknowledge that the activity or activities specified in the notice under subsection (1) 4: If a member has removed an activity from the activities in respect of which the member is treated as a member of a consolidated group, that member continues to be jointly and severally liable with the other members of the consolidated group for any obligations under this Part or Part 5 in respect of emissions and removals related to the activity, and jointly entitled to any units transferred for the activity (if it is a removal activity), in respect of the period in which the activity was an activity in respect of which the member was treated as a member of the consolidated group. 5: Subsection (6) a: removes 1 or more activities from the activities in respect of which the member is treated as a member of the consolidated group; and b: remains a participant in respect of 1 or more of those activities; but c: does not have its own holding account. 6: A member of a consolidated group to which this subsection applies must— a: apply to open a holding account under section 18A immediately upon removal of the activity or activities from the activities in respect of which the member is treated as a member of the consolidated group; and b: supply the account number of the holding account, or ensure the account number of the holding account is supplied, to the chief executive within 10 working days of receiving the account number from the Registrar. 55: New sections 157 and 157A substituted Section 157 157: Unincorporated bodies 1: This section applies if the members of an unincorporated body— a: jointly carry out an eligible activity; or b: are required under section 180, 204, or 213 c: if paragraph (b) 2: If this section applies,— a: the members of the unincorporated body are not individually to be treated as persons carrying out the activity; and b: if the activity is an eligible activity,— i: the members of the unincorporated body may not apply individually for an allocation of New Zealand units for the eligible activity under section 86 ii: the unincorporated body may, as the eligible person, make such an application under section 86 c: if the activity is an activity listed in Schedule 3 or 4,— i: the members of the unincorporated body— A: are not liable to, and may not, be registered as a participant under section 56 in respect of the activity; and B: may not be registered as a participant under section 57 in respect of the activity; and ii: the unincorporated body— A: must notify the chief executive that it is the participant under section 56 in respect of the activity (if the activity is an activity listed in Schedule 3): B: may apply to be registered as the participant under section 57 in respect of the activity (if the activity is an activity listed in Schedule 4): C: when notifying under section 56 or applying to be registered under section 57, as the case may be, advise the chief executive of the name of the unincorporated body that should be entered on the register of participants kept for the purposes of section 56 or 57; and iii: the chief executive must, for the purpose of section 56(3) or 57(5) (as applicable), enter the name of the unincorporated body on the register kept for the purposes of section 56 or 57; and d: the unincorporated body must, when applying for an allocation, or notifying the chief executive under section 56, or applying to the chief executive to be registered as a participant under section 57, as the case may be, provide the chief executive with— i: the names and contact details of the members of the unincorporated body; and ii: the name and contact details of the person to whom notices are to be given under this Act on behalf of the unincorporated body; and e: subject to subsections (3) to (5) 3: Each person who is or has ceased to be a member of an unincorporated body is, in respect of the period during which the person is or was a member of the unincorporated body,— a: jointly and severally liable for the obligations of the unincorporated body as an eligible person (or a person to whom units have been allocated) or as a participant in respect of the activity; and b: jointly entitled to the benefits of the unincorporated body as an eligible person or as a participant in respect of the activity. 4: If this Act requires any thing to be done by or on behalf of an eligible person (or a person to whom units have been allocated) or a participant that is an unincorporated body,— a: it is the joint and several liability of all the members of the unincorporated body to do the thing; and b: any such thing done by 1 member of the unincorporated body is sufficient compliance with the requirement. 5: A notice that is addressed to an unincorporated body and given in accordance with this Act to the person nominated by the unincorporated body under subsection (2)(d)(ii) section 157A(2)(a) 6: To avoid doubt, if this Act requires a landowner, registered leaseholder, holder of a registered forestry right, or party to a Crown conservation contract to be treated as the person carrying out an eligible activity or an activity listed in Schedule 3 or 4, and the land, registered lease, registered forestry right, or Crown conservation contract is owned, held, or has been entered into, as the case may be, jointly by 2 persons, those persons— a: must together be treated as the person carrying out the activity for the purposes of this Act; and b: are, as relevant, together the eligible person in respect of the eligible activity, or the participant in respect of any activity listed in Schedule 3, or may together be registered as the participant in respect of an activity listed in Schedule 4; and c: are jointly and severally liable for the obligations, or entitled to the benefits, of an eligible person (or a person to whom units have been allocated) or a participant in respect of the activity. 157A: Changes to unincorporated bodies that are participants 1: This section applies if— a: a member of an unincorporated body joins or leaves an unincorporated body that is registered as a participant; or b: the name or contact details of the person to whom notices are to be given changes; or c: an unincorporated body wishes to change the name under which the body is registered as a participant. 2: If this section applies,— a: the unincorporated body must, as relevant,— i: within 20 working days of a person joining or leaving the unincorporated body, give the chief executive notice of— A: the name and contact details of the person joining or leaving; and B: the date on which the person joined or left the unincorporated body; or ii: within 20 working days of a change in the name or contact details of the person to whom notices are to be given, give the chief executive notice of that matter; or iii: give the chief executive notice if the unincorporated body wishes to change the name under which the body is recorded as a participant on the register kept for the purposes of section 56 or 57; and b: the chief executive must, as soon as practicable after receiving the notice,— i: amend— A: the chief executive’s records to reflect the change in membership of the unincorporated body or the change in the name or contact details of the person to whom notices are to be given; or B: the register kept under section 56 or 57, as the case may be, to record the change in the name of the unincorporated body; and ii: notify the Registrar of the change in membership of the unincorporated body, the change in the name or contact details of the person to whom notices are to be given, or the change in the unincorporated body’s name; and iii: notify the unincorporated body of the amendment to the chief executive’s records or the participant register and the notification to the Registrar. 3: A notice given under subsection (2) a: be in the prescribed form; and b: contain any other information the chief executive may require; and c: be accompanied by the prescribed fee (if any). 4: For the purposes of subsection (1) section 192(1)(a) a: the transfer of land from members of an unincorporated body to members of an unincorporated body if at least 60% of the members of an unincorporated body are the same following the transfer; and b: the transfer of a registered lease, registered forestry right, or Crown conservation contract relating to post-1989 forest land from members of an unincorporated body to members of an unincorporated body if at least 60% of the members of an unincorporated body are the same following the transfer. 56: New sections 160 to 161H substituted Sections 160 161 160: Reviews of operation of emissions trading scheme 1: The Minister responsible for the administration of this Act must initiate a review of the operation and effectiveness of the emissions trading scheme established by this Act in each of the following periods: a: the first commitment period and each subsequent commitment period (if any); and b: if there is no subsequent commitment period,— i: the 5-year period commencing on 1 January 2013; and ii: each subsequent 5-year period after the period specified in subparagraph (i) 2: Each review initiated under subsection (1) 3: Despite anything in subsections (1) and (2) a: the Minister responsible for the administration of this Act must ensure that a review of the matters listed in subsection (5)(j) allocation review i: the 5-year period commencing on 1 January 2011; and ii: each subsequent 5-year period after the period specified in subparagraph (i) b: subsections (6) to (8) subsection (1) c: the person conducting each allocation review may consider any other matter, including (but not limited to) the matters listed in subsection (5); and d: if the person conducting an allocation review considers the matters specified in subsection (5) in the relevant period, that consideration satisfies the obligation of the Minister responsible for the administration of this Act under subsection (1) 4: For the avoidance of doubt, if a review initiated under subsection (1) subsection (5)(j) subsection (3)(a) subsection (3) 5: Without limiting the scope of the review, a review under subsection (1) a: whether an amendment to this Act in relation to the emissions trading scheme is necessary or desirable; and b: whether New Zealand has undertaken, or is expected to undertake, any international obligations with respect to its emissions and removals that are different from or additional to any international obligations that New Zealand had undertaken when this section came into force, or since the last review under this section; and c: the stringency of any of the international obligations specified in paragraph (b) d: the contribution of the emissions trading scheme established under this Act towards any targets that are in effect in accordance with section 224 or 225 e: the types of Kyoto units and overseas units that may be surrendered for compliance with the emissions trading scheme established by this Act; and f: the operation of the commitment period reserve (if any); and g: the potential for linkage of the emissions trading scheme established under this Act to other greenhouse gas emissions trading schemes, including (but not limited to) Australia's carbon pollution reduction scheme; and h: the appropriateness of any methodologies that are prescribed for calculating emissions and removals; and i: whether it is necessary or desirable to— i: omit any of the activities from Schedule 3 or 4; and ii: add any additional removal activities to Part 2 of Schedule 4; and iii: amend the level of participant opt-in thresholds in Schedule 4; and j: whether changes to the provision of any allocation to industry or agriculture under subpart 2 i: whether New Zealand has undertaken, or is expected to undertake, any international obligations with respect to its emissions and removals that are different from, or additional to, any international obligations that New Zealand had undertaken when this section came into force, or since the last review under this section; and ii: the stringency of any of the international obligations specified in subparagraph (i) iii: any change proposed to the activities listed in Schedule 3 or 4 following consideration of the matters specified in paragraph (i) iv: the relative climate change obligations and emissions policies of New Zealand's trade competitors and trading partners; and v: any significant changes in emissions mitigation technology; and vi: the cost to the taxpayer and the economy of providing free allocation under subpart 2 k: the appropriateness of the penalties in subpart 4 of this Part; and l: the implications (if any) of the following matters for the notification of intention under section 69 i: New Zealand's annual emissions for the 5 years before notification; and ii: the average price of units for the 2 years before notification; and m: the impacts of the forestry sector elements of the emissions trading scheme established under this Act on biodiversity within New Zealand; and n: the costs and benefits of establishing an independent or quasi-independent government body to carry out the allocation process, or any part of the allocation process, contained in subpart 2 o: the social, economic, and environmental effects of the emissions trading scheme established by this Act (other than those considered under paragraphs (a) to (n) p: any other matter that the Minister responsible for the administration of this Act considers relevant. 6: The Minister responsible for the administration of this Act must appoint a panel to conduct any review under subsection (1) 7: Following the completion of each review under subsection (1) a: publish the report of the panel on the review; and b: present a copy of the report to the House of Representatives. 8: If the panel recommends any change in relation to allocation to industry or agriculture that involves amending any Act or making or amending regulations under this Act, the Minister responsible for the administration of this Act must— a: prepare a report that contains a response to the panel's recommendations for legislative change; and b: present a copy of his or her report to the House of Representatives. 9: To avoid doubt, this section does not limit the ability of the Minister responsible for the administration of this Act to initiate reviews of the operation and effectiveness of the emissions trading scheme established by this Act at any time and may use any method of review (including, but not limited to, the method specified in this section). 161: Appointment and conduct of review panel 1: When appointing members to a review panel under section 160 a: ensure that there are a minimum of 3 and a maximum of 7 members; and b: ensure that the majority of the members are not employees under the State Sector Act 1988; and c: consider whether the members have, in the Minister's opinion, the appropriate knowledge, skill, and experience to conduct the review, including knowledge, skill, and experience of— i: this Act; and ii: New Zealand's international obligations under the Protocol and the Convention and any other relevant international agreement; and iii: the operation of the emissions trading scheme established under this Act, including its environmental, social, and economic effects; and d: appoint 1 member as the chairperson of the panel. 2: The Minister must, by written notice to the panel, specify the terms of reference for the review to be conducted by the panel. 3: A review panel must complete a draft report on the review and provide the report to the Minister responsible for the administration of this Act at least 1 month before the date on which the review is required to be completed under section 160 4: The review panel must— a: allow the Minister at least 10 working days within which to respond to and comment on the contents of the draft report; and b: after considering the Minister's response and comments (if any), prepare a final report and provide it to the Minister by the date on which the review is required to be completed under section 160 5: In conducting a review, the review panel— a: must establish a procedure that is appropriate, fair in the circumstances, and in accordance with the terms of reference for the review; and b: must consult persons (or their representatives) that appear to the panel likely to have an interest in the review; and c: may call for submissions. 161A: Regulations in relation to eligible industrial activities 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: a: prescribing, for the purposes of subpart 2 b: prescribing in respect of each eligible industrial activity, as appropriate,— i: a description of the activity, including (but not limited to)— A: the input or inputs: B: the output or outputs: C: the physical, chemical, or biological transformation that takes place to transform the inputs into the outputs: ii: whether the activity is— A: highly emissions-intensive; or B: moderately emissions-intensive: iii: the products to be used as the basis for an allocation of New Zealand units in respect of the activity: iv: a methodology or methodologies for calculating the amount of each prescribed product for the purposes of sections 81 to 84 c: prescribing, for each prescribed product,— i: 1 or more allocative baselines; and ii: for the purpose of sections 81 to 84 d: prescribing— i: an allocation factor or factors for— A: electricity: B: natural gas feedstock: ii: how each allocation factor must be used for the purpose of calculating allocative baselines in accordance with section 161B(3) e: prescribing information that must be kept for the purposes of section 86D 2: A regulation made under subsection (1) a: 1 January of the year in which the regulation is made even if the regulation comes into force on a later date in that year: b: 1 January or 1 July in a year before the year in which the regulation is made provided the regulation comes into force on or before 31 December 2012. 3: Before recommending that a regulation be made under subsection (1)(a) a: is— i: moderately emissions-intensive or highly emissions-intensive; and ii: trade-exposed; or b: may be treated as meeting the criteria in paragraph (a) section 161B(1) 4: Despite anything in this section or section 161B or 161C subsection (1) 5: The following regulations made under subsection (1) Gazette a: a regulation that revokes a regulation prescribing an activity as an eligible industrial activity: b: a regulation that amends a regulation providing that an eligible industrial activity is highly emissions-intensive to provide that the eligible industrial activity is moderately emissions-intensive. 161B: Australian eligible industrial activities 1: An activity may be treated as meeting the criteria specified in section 161A(3)(a) 2: If an activity is treated as meeting the criteria specified in section 161A(3)(a) a: the same activity description for the activity, including (but not limited to) the matters listed in section 161A(1)(b)(i) b: the same products to be used as a basis for an allocation of New Zealand units in respect of the activity as the products that are, or are likely to be, used as a basis for the allocation of emissions units in respect of the Australian eligible industrial activity; and c: the same emissions-intensity level of the activity as the emissions-intensity level, or the likely emissions-intensity level, of the Australian eligible industrial activity; and d: for each prescribed product of the activity an allocative baseline or baselines that is or are the same as the allocative baseline or baselines that is or are, or is likely to be or are likely to be, specified as the allocative baseline or baselines of the equivalent product of the Australian eligible industrial activity. 3: Despite subsection (2)(d) section 161A(1)(c) section 161A(1)(d) 161C: Other eligible industrial activities 1: For the purposes of section 161A(3)(a) a: moderately emissions-intensive if the specified emissions from the activity are equal to or greater than 800 whole tonnes per $1 million of specified revenue from the activity, but less than 1 600 whole tonnes per $1 million of specified revenue from the activity: b: highly emissions-intensive if the specified emissions from the activity are equal to or greater than 1 600 whole tonnes per $1 million of specified revenue from the activity: c: trade-exposed unless, in the Minister’s opinion,— i: there is no international trade of the output of the activity across oceans; or ii: it is not economically viable to import or export the output of the activity. 2: If an activity meets the criteria in section 161A(3)(a) subsection (1) AB = SE/STA where— AB is the allocative baseline of the product SE is the specified emissions from the activity STA is the specified total amount of the product from the activity. 3: For the purposes of this section,— a: the specified revenue from an activity is the amount of revenue obtained by adding together the revenue from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(A) section 161D(1) b: the specified emissions, in respect of the emissions intensity of an activity, is the number of whole tonnes of included emissions obtained by adding together the included emissions from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(B) section 161D(1) c: the specified emissions, in respect of the allocative baselines of an activity, is the number of whole tonnes of included emissions obtained by adding together the included emissions from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(C) section 161D(1) d: the specified total amount of product from the activity is the amount of the product obtained by adding together the amount of the product produced by each person who provided the information referred to in section 161D(1)(e)(i)(D) section 161D(1) 4: Despite subsection (3)(c) section 161D(1)(e)(i)(C) section 161D(1) 5: If the Minister has adjusted the tonnes of emissions of 1 or more persons under subsection (4) 161D: Power to require information for purposes of allocation to industry 1: The Minister may, for any of the purposes in subsection (3) Gazette a: specify a description of an activity, including the matters listed in section 161A(1)(b)(i) b: specify in respect of the activity each product that may be used, if the activity is prescribed in regulations as an eligible industrial activity, as the basis for an allocation of New Zealand units in respect of the activity (a specified product c: specify in respect of the activity— i: the emissions that must be included in any information provided under paragraph (e) included emissions ii: the emissions that may not be included in any information provided under paragraph (e) excluded emissions d: specify the financial years for which information must be provided under paragraph (e) e: require any person carrying out the activity specified under paragraph (a) i: any or all of the following information for the financial years specified in the notice: A: financial statements that show the total revenue of the person from the activity in those years, calculated in accordance with any methodology specified under paragraph (g)(i) B: information showing the number of whole tonnes of included emissions from the activity carried out by the person in those years, calculated in accordance with any methodology specified under paragraph (g)(ii) C: information showing the number of whole tonnes of included emissions from the activity carried out by the person in those years, calculated in accordance with any methodology specified under paragraph (g)(iii) D: information showing the amount of each specified product produced by the person in those years calculated in accordance with any methodology specified under paragraph (g)(iv) ii: copies of any electricity-related contracts in force on the date of the notice that affect the electricity cost increase that the persons carrying out the activity will face owing to the obligation imposed by this Act on participants to surrender units, or any information in relation to such contracts: iii: any other information that would, in the Minister’s opinion, assist the Minister to determine any of the matters listed in subsection (3) f: specify the date by which the information required to be provided under paragraph (e) g: specify a methodology or methodologies for calculating— i: revenue from the activity for the purpose of paragraph (e)(i)(A) ii: emissions from the activity (emissions-intensity) for the purpose of paragraph (e)(i)(B) iii: emissions from the activity (allocative baselines) for the purpose of paragraph (e)(i)(C) iv: the amount of any specified product from the activity for the purpose of paragraph (e)(i)(D) 2: A methodology specified in a notice in accordance with subsection (1)(g) 3: The purpose for which a notice may be issued under subsection (1) a: whether an activity meets the criteria listed in section 161A(3)(a) i: whether the activity is highly emissions-intensive or moderately emissions-intensive; and ii: the appropriate allocative baseline or baselines for each product of the activity: b: whether it is necessary to adjust any person's number of whole tonnes of included emissions provided under subsection (1)(e)(i)(C) section 161C(4) c: any other matter listed in section 161A(1) d: whether any matter should be considered by a review under section 160 4: A Gazette subsection (1) 5: Following the provision of information by any person in accordance with subsection (1)(e) a: requiring the person to provide any further information that the Minister considers is necessary to enable the verification of the accuracy of the information; and b: specifying the date by which the further information specified in the notice must be provided to the Minister. 6: If a person who is required to comply with a notice under subsection (1) or (5) 7: Despite anything in this Act, if an activity specified in a notice made under subsection (1)(a) a: any person who carried out the activity at the date of the notice and who without reasonable excuse failed to supply the data and information required by the date specified in a notice given under subsection (6) b: any associated person of a person referred to in paragraph (a) 161E: Requirements in respect of notice given under section 161D 1: Before giving notice of an activity under section 161D(1) a: the requirement to define each activity by reference to a physical, chemical, or biological transformation of inputs into outputs; and b: the undesirability of activities being defined by reference to the technology employed, the fuel used, the age of the plant, or the quality of the types of feedstock used when the activity is carried out; and c: the desirability of defining activities— i: consistently and equitably across industries; and ii: in a way that takes into account the impact that definitions may have on business investment, geographical location, and the structure of activities; and iii: in a way that takes into account the potential for intermediate inputs produced when the activity is carried out to be substituted for bought-in inputs; and d: the desirability of there being no overlap between activity definitions; and e: the desirability of activity definitions reflecting activity definitions used in Australia; and f: any other matters the Minister considers relevant. 2: For the purposes of section 161D(1)(c) a: the emissions that must be included in any information provided under section 161D(1)(e)(ii) and (iii) i: emissions of greenhouse gases resulting from— A: the direct use of any coal, natural gas, geothermal fluid, used oil, or waste oil as part of the activity; and B: the direct use of any coal, natural gas, geothermal fluid, used oil, or waste oil to generate steam that is used as part of the activity; and C: any of the activities listed in Part 4 of Schedule 3 carried out as part of the activity; and ii: a number of whole tonnes of emissions, which must be treated for the purpose of this section and sections 161C and 161D E = MWh × pEAF where— E is the number of whole tonnes of emissions from the activity that may be included in any information submitted under section 161D(1)(e)(ii) and (iii) MWh is the number of megawatt hours of electricity used when the activity is carried out pEAF is a prescribed electricity allocation factor; and b: the emissions that may not be included in any information provided under section 161D(1)(e)(ii) and (iii) i: the use of machinery and equipment, and other processes, that are not integral to, nor essential to, the physical, chemical, biological, or other transformation taking place when the activity is carried out; and ii: any extraction or production of raw materials that are subsequently used when the activity is carried out; and iii: the transportation of inputs used in the activity to storage at the location where the activity is carried out; and iv: the transportation of outputs of the activity from storage at the location where the activity is carried out to another location; and v: the transportation of intermediate products between different locations where the activity is carried out; and vi: operations that are complementary to the activity, including (but not limited to) packaging, head office operations, and administration and marketing (whether carried out at the same location where the activity is carried out or at another location); and vii: the generation of electricity at the location where the activity is carried out; and c: before giving notice of the emissions that must be included in, or excluded from, any information provided in accordance with a notice issued under section 161D i: the matters listed in subsection (1) ii: the desirability of all notices given under section 161D 3: If an activity specified in a notice under section 161D 161F: Consultation on activities that may be prescribed as eligible industrial activities 1: If an activity is treated as meeting the criteria specified in section 161A(3)(a) section 161A 2: Before notifying an activity in the Gazette section 161D 3: The processes for consultation under subsections (1) and (2) a: giving adequate and appropriate notice of the proposed terms and conditions of the recommendation or the notice and the reasons for them; and b: the provision of a reasonable opportunity for interested persons to consider the proposed terms and conditions of the recommendation or the notice and make submissions; and c: adequate and appropriate consideration of submissions. 4: A failure to comply with this section does not affect the validity of— a: any regulations made under section 161A b: any Gazette section 161D 5: The Minister is not required to consult under subsection (2) section 161D 161G: Regulations in relation to eligible agricultural activities 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: a: prescribing in respect of each eligible agricultural activity, as appropriate,— i: the product or products of the activity: ii: an allocative baseline for each product: b: prescribing, for the purpose of subsection (2) i: a methodology or methodologies for calculating— A: the total number of tonnes of methane and nitrous oxide emissions that resulted from the eligible agricultural activity carried out to produce the prescribed product or products in the prescribed years; and B: the total amount of each prescribed product produced from the eligible agricultural activity in the prescribed years; and ii: the year or years for the purposes of subparagraph (i) c: prescribing a methodology or methodologies for calculating the amount of any prescribed product of an eligible agricultural activity for the purposes of sections 85 and 161H d: prescribing information that must be kept for the purposes of section 86D 2: For the purposes of subsection (1)(a)(ii) AB = ∑(E) / ∑(PDCT) where— AB is the allocative baseline for the product E is the total number of tonnes of methane and nitrous oxide emissions that resulted from the eligible agricultural activity carried out to produce the product in the prescribed year or years, calculated in accordance with methodologies prescribed in regulations made under this Act PDCT is the total amount of the product produced from the eligible agricultural activity in the prescribed year or years, calculated in accordance with methodologies prescribed in regulations made under this Act ∑ is the symbol for the summation of E for the year or years for which E must be calculated (as prescribed by regulations made under this Act) and of PDCT for the year or years for which PDCT must be calculated (as prescribed in regulations made under this Act). 3: Before recommending the making of a regulation under subsection (1) 4: The process for consultation under subsection (3) a: giving adequate and appropriate notice of the proposed allocative baseline or baselines and the reasons for them; and b: the provision of a reasonable opportunity for interested persons to consider the proposed allocative baseline or baselines and make submissions; and c: adequate and appropriate consideration of submissions. 5: A failure to comply with subsections (3) and (4) subsection (1) 6: Despite section 4 section 161H eligible agricultural activity a: means any activity or subclass of any activity listed in Part 5 of Schedule 3; but b: excludes any activity or subclass of any activity listed in subpart 2 or 4 of Part 5 of Schedule 3, unless an Order in Council has been made under section 2A(8) or (9) in respect of any such activity or subclass of activity. 161H: Power to request information showing output from eligible agricultural activities 1: The Minister may, after 1 January 2011, by notice in the Gazette a: specify an eligible agricultural activity in respect of which information must be provided under paragraph (d) b: specify, in respect of the eligible agricultural activity specified under paragraph (a) paragraph (d) c: specify the year or years for which information must be provided under paragraph (d) d: require any person carrying out the eligible agricultural activity on the date of the notice to provide to the Minister information that shows the amount of each specified product from the activity specified by the person in the year or years specified in the notice, determined (if relevant) in accordance with any prescribed methodologies: e: specify the date by which the information specified in the notice must be provided to the Minister, which must be no earlier than 30 working days from the date of the notice. 2: If a person who is required to comply with a notice given under subsection (1) 3: Despite anything in this Act, if notice is given under subsection (1) subpart 2 a: any person who— i: carried out the activity at the date of the notice given under subsection (1) ii: failed, without reasonable excuse, to supply the data and information required by the date specified in the notice given under subsection (2) b: any associated person of a person referred to in paragraph (a) 4: A Gazette subsection (1) 57: Regulations relating to methodologies and verifiers Section 163(1) ab: authorising, in respect of an activity listed in Part 1 of Schedule 3 or Part 1 of Schedule 4, the chief executive to specify the location where, and the device by which, the data or other information prescribed in accordance with paragraph (a) must be collected; and . 58: Regulations relating to fees and charges 1: Section 167 2: The Governor-General may, by Order in Council, make regulations prescribing the fees or charges payable by a person— a: who has made an application for an emissions ruling under section 107, to enable the recovery of all or part of the direct and indirect costs of the chief executive in— i: receiving and processing the application; and ii: considering whether to make the ruling, making the ruling, or declining to make the ruling; or b: who is a participant, or who has applied to be a participant, in respect of an activity listed in Part 1 or 2 of Schedule 4, to enable the recovery of all or part of the direct and indirect costs of the chief executive in— i: publicising and informing people about the operation of this Part and Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: ii: administering the operation of this Part and Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: iii: enforcing and monitoring compliance with this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: iv: doing anything else authorised or required under this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4. 2: Section 167(3) b: the costs of providing, operating, and maintaining systems, databases, and other processes in connection with— i: the making of emissions rulings; or ii: the administration of this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: . 3: Section 167(4) ; and i: authorise the chief executive to recover the full costs of services from third parties (other than services in respect of which a fee or charge is prescribed) in circumstances prescribed in the regulations; and j: authorise the chief executive to grant, in whole or in part, an exemption, waiver, or refund in relation to any fee or charge. 59: Other regulations 1: Section 168(1)(c) 2: Section 168(1)(ca) , which must be no later than 1 July 2010 3: Section 168(1)(h) and (i) 60: When deforestation to be treated as occurring in respect of pre-1990 forest land Section 181 4: This section applies only if section 4(5) does not apply. 61: Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land 1: Section 183(1)(a) section 71 section 72 2: Section 183(3)(a)(ii) , which must be no later than 1 July 2010 62: Exemptions for deforestation of land with tree weeds 1: Section 184(1) a: a forest species growing on the land, or that was cleared from the land as part of the deforestation process on or after 1 January 2008, is or was a specified type of tree weed; and . 2: Section 184(1) b: no allocation of units to a landowner has been made in respect of the land under the pre-1990 forest land allocation plan. 3: Section 184(2)(b) priorities criteria and priorities 4: Section 184(2) ; and d: the number of whole tonnes of emissions from the deforestation of the specified types of tree weed that will be covered by exemptions granted in relation to the notice. 5: Section 184(3) or was there is 6: Section 184(4)(d) ii: a forest species growing on the land, or that grew on the land before it was cleared as part of the deforestation process, is or was a specified type of tree weed; and . 7: Section 184(5) priorities in criteria, and priorities in, and the number of whole tonnes of emissions that are to be covered by exemptions granted in respect of, 8: Section 184(5)(b) the land any land 9: Section 184 6: The clearing of tree weeds on exempt land that has not been cleared before the land was declared exempt land must be— a: commenced within 24 months of the date of notification of the exemption; and b: completed by the end of— i: the first commitment period, if the exemption is granted in that commitment period; or ii: any subsequent commitment period in which the exemption is granted; or iii: if there is no subsequent commitment period,— A: the 5-year period commencing on 1 January 2013, if the exemption is granted in that 5-year period; or B: any subsequent 5-year period, after the period in subsubparagraph (A) 10: Section 184 9: For the purposes of this section, tree weed a: a pest in a pest management strategy under the Biosecurity Act 1993; or b: a tree weed in regulations made under this Act. 63: Conditions on registration as participant in respect of certain activities relating to post-1989 forest land 1: Section 187(3) and subject to sections 191 and 193, 2: Section 187 4: A person may not be registered as a participant under section 57 in respect of carrying out an activity listed in Part 1 of Schedule 4 in respect of post-1989 forest land unless— a: any action taken by the person in respect of the post-1989 forest land since 1 January 2008 (including, but not limited to, removal of any existing vegetation before planting of a forest species on the land) complied with the Resource Management Act 1991, including any plan under that Act, or the Forests Act 1949 that was in force at the time the action was taken; and b: if the post-1989 forest land is subject to a pest management strategy under the Biosecurity Act 1993 that imposes requirements in respect of any forest species on the land, the person— i: has complied with the requirements; or ii: verified that any other person required to comply with the requirements has done so. 64: Registration as participant in respect of post-1989 forest land 1: Section 188(1) c: must be accompanied by a declaration, in the prescribed form, that— i: any action taken by the applicant since 1 January 2008 in relation to the post-1989 forest land in respect of which the application is submitted (including, but not limited to, removal of any existing vegetation before planting of a forest species on the land) complied with the Resource Management Act 1991, including any plan under that Act, or the Forests Act 1949, that was in force at the time the action was taken; and ii: if the post-1989 forest land is subject to a pest management strategy under the Biosecurity Act 1993 that imposes requirements in respect of any forest species on the land, the applicant has— A: complied with the requirements; or B: verified that any other person required to comply with the requirements has done so; and . 2: Section 188 2: The chief executive must, for every person who is a participant in respect of an activity listed in Part 1 of Schedule 4, keep a record of— a: the carbon accounting area or areas in respect of which the person is a participant; and b: the unit balance of each carbon accounting area in respect of which the person is a participant, as calculated in accordance with section 190(2) 3: Section 188(3)(a)(i) or areas area 4: Section 188(3)(a)(ii) a carbon accounting area any carbon accounting area or areas 5: Section 188(3)(b) , as soon as practicable, must 6: Section 188(6)(b) ii: update the participant's record to reflect the addition of the carbon accounting area; and iii: notify the participant accordingly. 7: Section 188(7)(b) (ii): update the participant's record to reflect,— A: if a carbon accounting area is removed or the person has ceased to carry out the activity in respect of all of the carbon accounting area, the removal of the carbon accounting area from the post-1989 forest land in respect of which the person is recorded as a participant; or B: if land has been removed from a carbon accounting area or the person has ceased to carry out the activity in respect of part of a carbon accounting area, a new carbon accounting area constituted from the remaining land and the unit balance of the new carbon accounting area determined in accordance with section 190(3)(b) iii: notify the participant accordingly. 8: Section 188 8: A change made to the participant's record under subsection (6)(b)(ii) or (7)(b)(ii) subsection (6)(b)(iii) or (7)(b)(iii) 9: Section 188 9: Subsection (10) 10: If this subsection applies,— a: despite section 57(8), the person registering as a participant is to be treated as being a participant in respect of the land formerly the subject of the covenant on and after the date the covenant was registered on the land under section 67ZD of the Forests Act 1949; and b: for the purposes of sections 189 to 194 c: the post-1989 forest land formerly the subject of the covenant constitutes a single carbon accounting area in respect of which the person is registered as a participant for the purposes of subsection (2) 65: Emissions returns for post-1989 forest land activities 1: Section 189(2) ; and d: may submit an emissions return in accordance with subsection (4A), if— i: the person is considering entering into a transaction described in section 192(1)(a) or (b) ii: the expiry of an interest referred to in section 192(1)(c) iii: within 20 working days after applying under section 188(3)(a)(i) to remove a carbon accounting area from the land in respect of which the person is recorded as carrying out an activity listed in Part 1 of Schedule 4 or being removed from the register as a participant in respect of all the land in respect of an activity listed in Part 1 of Schedule 4, the person applies to— A: add a carbon accounting area or areas consisting of all the post-1989 forest land that was the subject of the application under section 188(3)(a)(i); or B: register as a participant under section 57 in relation to all the post-1989 forest land in respect of which the person had ceased to be registered as a participant. 2: Section 189(3) a: inserting on 1 occasion, applies may, b: omitting before on or before 3: Section 189(3)(c)(i) BA: the date of constitution of the carbon accounting area (as specified in section 190(5) section 188(7)(b)(ii)(B) section 192(3)(b) . 4: Section 189(4)(b)(i)(B) ; and ; or C: the date of constitution of the carbon accounting area (as specified in section 190(5) section 188(7)(b)(ii)(B) section 192(3)(b) D: the day after the end of the period covered by the last emissions return submitted for the carbon accounting area under subsection (4A) . 5: Section 189 4A: A person to whom this section applies may, in the circumstances in subsection (2)(d) a: commencing on the latest of— i: the first day of the mandatory emissions return period in which the return is submitted; or ii: the date on which the land in the carbon accounting area became post-1989 forest land; or iii: the date of constitution of the carbon accounting area (as specified in section 190(5) section 188(7)(b)(ii)(B) section 192(3)(b) iv: if an emissions return has already been submitted under this subsection in relation to the carbon accounting area during the mandatory emissions return period, the day after the end of the period covered by the last emissions return submitted for the carbon accounting area under this subsection; and b: ending on the date of submission of the emissions return. 6: Section 189 5: An emissions return submitted under subsection (3), (4), or (4A) a: must, in respect of each carbon accounting area covered by the return,— i: record the activity in respect of which the person is recorded as a participant for the carbon accounting area; and ii: record the emissions and removals from the carbon accounting area during the emissions return period as calculated under section 62(b) and, if required, as verified under section 62(c); and iii: contain an assessment of the participant’s gross liability to surrender units for emissions or entitlement to receive New Zealand units for removals from the carbon accounting area that takes into account sections 188(10) and 190(1) iv: contain the information required by subsection (6), if relevant; and v: contain an assessment of the participant’s net liability to surrender units in respect of emissions or entitlement to receive New Zealand units for removals from the carbon accounting area during the emissions return period, taking into account sections 188(10) and 190(1) b: may contain an assessment of the participant's net liability to surrender or repay units or net entitlement to receive New Zealand units in respect of all carbon accounting areas covered by the return, as referred to in subsection (8); and c: must be— i: accompanied by— A: the prescribed fee (if any); and B: any prescribed information; and ii: signed by the participant; and iii: submitted in the prescribed manner and format. 7: Section 189(6)(b)(ii) net gross 8: Section 189(6)(b)(ii) as recorded under subsection (5)(a)(iii) 9: Section 189 7A: Subsections (6) and (7) apply to a return submitted under subsection (4A) 66: New sections 190 to 193 substituted Sections 190 to 193 190: Special rules regarding surrender of units in relation to post-1989 forest land 1: Despite section 63, a person who is or was a participant in respect of an activity listed in Part 1 of Schedule 4 is not liable to surrender more units in relation to any carbon accounting area or part of a carbon accounting area than the unit balance of that carbon accounting area or part of a carbon accounting area. 2: The unit balance of a carbon accounting area must be calculated in accordance with the following formula: UB = (A – B) + OUB where— UB is the unit balance of the carbon accounting area A is the net number of New Zealand units transferred for removals from the carbon accounting area since the date it was constituted (that is, the number of units transferred for removals less any units repaid under section 123(6) or 189(8)) B is the net number of New Zealand units surrendered for emissions from the carbon accounting area since the date it was constituted (that is, the number of units surrendered, less any units reimbursed under section 124 or 189(7)) OUB is,— a: if the carbon accounting area is constituted from land from another carbon accounting area (following the removal of land from a carbon accounting area, or transmission of an interest as defined in section 192 subsection (3) b: if the carbon accounting area is not constituted as described in paragraph (a) c: if the carbon accounting area is not constituted from land from another carbon accounting area or land that was subject to a forest sink covenant, zero. 3: The following provisions apply if a person is required by this subpart to calculate the unit balance of a newly constituted carbon accounting area: a: if a carbon accounting area ( CAA2 section 192(3)(b)(iii) CAA1 subsection (4) i: H is the number of hectares of post-1989 forest land in CAA1; and ii: Hp is the number of hectares of post-1989 forest land in CAA2; and iii: UB is the unit balance of CAA1 calculated in accordance with subsection (2) section 193(1) iv: UBp is the opening unit balance for CAA2 for the purposes of subsection (2) b: if a carbon accounting area ( CAA2 section 188(7)(b)(ii)(B) CAA1 section 191(4) r section 191(3) c: if a carbon accounting area ( CAA2 section 192(3)(b)(ii) i: calculating the unit balance of any whole carbon accounting areas that form part of CAA2 in accordance with subsection (2) section 193(1) ii: calculating the unit balance of any part carbon accounting area that forms part of CAA2 in accordance with subsection (4) A: H is the number of hectares of post-1989 forest land in the carbon accounting area of which the part carbon accounting area formed a part before the transmission of the interest; and B: Hp is the number of hectares of post-1989 forest land in the part carbon accounting area; and C: UB is the unit balance of the carbon accounting area of which the part carbon accounting area formed a part before the transmission of the interest, including (but not limited to) any units transferred or surrendered in respect of the removals or emissions reported in the emissions return under section 193(1) iii: adding together the unit balances obtained under subparagraphs (i) and (ii) 4: The unit balance of part of a carbon accounting area must be calculated in accordance with the following formula: UBp = UB/H × Hp where— UBp is the unit balance of the part of the carbon accounting area UB is the unit balance of the carbon accounting area of which the part carbon accounting area formed a part, calculated in accordance with subsection (2) H is the number of hectares in the carbon accounting area of which the part carbon accounting area formed a part Hp is the number of hectares in the part of the carbon accounting area for which a unit balance is calculated. 5: For the purposes of this section,— a: units transferred for removals, surrendered, repaid, or reimbursed in respect of a carbon accounting area include units that a person would have been entitled to receive, or would have been required to surrender or repay, in respect of a carbon accounting area, but which were not actually transferred, surrendered, repaid, or reimbursed because of an election under section 189(8); and b: the date that a carbon accounting area is constituted is— i: the date the person’s registration as a participant in respect of the activity in the application took effect in accordance with section 57(8) for a carbon accounting area defined in an application referred to in section 188(1); and ii: the date the participant’s record is updated under section 188(6) or (7) section 188(3)(a)(i) iii: the date the carbon accounting area was constituted under that section for a carbon accounting area constituted by operation of section 192(3)(b) c: hectare 191: Ceasing to be registered as participant in respect of post-1989 forest land 1: Subject to section 193 a: must submit an emissions return to the chief executive within 20 working days of— i: being removed from the register in respect of that activity; or ii: removing a carbon accounting area or ceasing to be a participant in respect of a carbon accounting area in respect of which the person is recorded as a participant under section 188; or iii: removing land from a carbon accounting area or ceasing to carry out the activity in respect of part of a carbon accounting area in respect of which the person is recorded as a participant under section 188; and b: is, in respect of any carbon accounting area,— i: required to be covered by the return under subsection (2) ii: required to be covered by the return under subsection (3) A: liable to surrender the unit balance relating to any land removed from the carbon accounting area or on which the person has ceased to carry out the activity, plus or minus any units that the person is required to surrender for emissions or entitled to receive for removals in respect of the land remaining in the carbon accounting area, as calculated under subsection (4) B: entitled to receive the number of units assessed as the participant’s entitlement for removals from the land remaining in the carbon accounting area, less the unit balance relating to any land removed from the carbon accounting area or upon which the person has ceased to carry out the activity, calculated under subsection (4) 2: An emissions return submitted under this section— a: must,— i: if subsection (1)(a)(i) ii: if subsection (1)(a)(ii) b: must record the unit balance of each carbon accounting area required to be covered by the return under paragraph (a) section 190(2) 3: An emissions return submitted under this section because subsection (1)(a)(iii) a: be in respect of each carbon accounting area from which land is removed or in respect of which the person is ceasing to carry out the activity on part of the land in the carbon accounting area; and b: for each carbon accounting area required to be covered by the return under paragraph (a) i: commencing on the latest of— A: the first day of the mandatory emissions return period (as defined in section 189(9)) in which the land was removed from the carbon accounting area (or the person ceased to carry out the activity on part of the land in the carbon accounting area); or B: the date on which the land in the carbon accounting area became post-1989 forest land; or C: the date of constitution of the carbon accounting area (as specified in section 190(5) section 188(7)(b)(ii)(B) section 192(3)(b) D: if an emissions return has been submitted under section 189(4A) ii: ending on the date the land is removed from the carbon accounting area or the person ceases to carry out the activity on part of the land in the carbon accounting area; and c: in respect of each carbon accounting area required to be covered by the return under paragraph (a) i: comply with section 189(5)(a) ii: record the notional unit balance of the carbon accounting area, calculated by taking the unit balance of the carbon accounting area (as calculated under section 190(2) section 189(5)(a)(v) A: entitled to receive units in respect of removals from the carbon accounting area during the emissions return period, adding that number of units to the unit balance; or B: liable to surrender units in respect of emissions from the carbon accounting area during the emissions return period, subtracting that number of units from the unit balance; and iii: record the person’s assessment of the person’s net liability to surrender units or entitlement to receive units in respect of the post-1989 forest land being removed from and the land remaining in the carbon accounting area calculated in accordance with subsection (4) 4: Net liability to surrender units or entitlement to receive units in respect of a carbon accounting area required to be covered by the return under subsection (3)(a) X = UB CAA r where— X is,— a: if positive, the number of units the person must surrender in respect of the land being removed from the carbon accounting area or upon which the person has ceased to carry out the activity (as adjusted by any units required to be surrendered for emissions, or units to which the person is entitled for removals, from the land remaining in the carbon accounting area); or b: if negative, the number of units to which the person is entitled in respect of removals from the land remaining in the carbon accounting area (as adjusted by any units required to be surrendered for the land being removed from the carbon accounting area or in respect of which the person has ceased to carry out the activity) UB CAA is the unit balance of the carbon accounting area before the removal of the land and submission of the return under this section, calculated in accordance with section 190(2) UB r is the unit balance of the land remaining in the carbon accounting area calculated as follows: UB r CAA CAA r where— NUB CAA is the notional unit balance of the carbon accounting area calculated under subsection (3)(c)(ii) H CAA is the number of hectares in the carbon accounting area before removal of the land or before the person ceased to carry out the activity in respect of part of the land H r is the number of hectares in the carbon accounting area, less the number of hectares being removed or in respect of which the person has ceased to carry out the activity. 5: If a person submits an emissions return under subsection (3) 6: Section 189(8) applies to a person who submits an emissions return under this section with any necessary modifications. 7: An emissions return submitted under this section must be— a: submitted in the prescribed manner and format; and b: accompanied by any prescribed fee and any other prescribed information. 192: Effect of transmission of interest in post-1989 forest land 1: This section applies— a: if, subject to section 157A(4) b: if a person registered as a participant in respect of an activity listed in Part 1 of Schedule 4 and who is described in the first column of Part B of the following table grants an interest or enters into a contract described in the second column of Part B of the table: c: if an interest described in the second column of Part C of the following table expires or is terminated, and the person described in the first column of Part C of the table is, in relation to that interest, registered as a participant in respect of an activity listed in Part 1 of Schedule 4: Part A Existing participant Interest transferred New participant New activity in Part 1 of Schedule 4 Landowner of post-1989 forest land Post-1989 forest land in respect of which the person is recorded as a participant New land owner Owning post-1989 forest land Holder of a registered forestry right over post-1989 forest land Registered forestry right over post-1989 forest land in respect of which the person is recorded as a participant New forestry right holder Holding a registered forestry right over post-1989 forest land Leaseholder under a registered lease of post-1989 forest land Registered lease over post-1989 forest land in respect of which the person is recorded as a participant New lessee Being the leaseholder under a registered lease of post-1989 forest land Party to a Crown conservation contract Crown conservation contract over post-1989 forest land in respect of which the person is recorded as a participant New party to the Crown conservation contract Being a party to a Crown conservation contract Part B Existing participant Interest entered into New participant New activity in Part 1 of Schedule 4 Landowner of post-1989 forest land Registered forestry right over post-1989 forest land in respect of which the person is recorded as a participant Holder of a registered forestry right over post-1989 forest land Being the holder of a registered forestry right over post-1989 forest land Landowner of post-1989 forest land Registered lease of post-1989 forest land in respect of which the person is recorded as a participant Lessee under a registered lease of post-1989 forest land Being a lessee under a registered lease of post-1989 forest land Landowner of Crown land that is post-1989 forest land Crown conservation contract over post-1989 forest land in respect of which the person is recorded as a participant Party to the Crown conservation contract Being a party to a Crown conservation contract Part C Existing participant Interest expired or terminated New participant New activity in Part 1 of Schedule 4 Holder of a registered forestry right over post-1989 forest land Registered forestry right over post-1989 forest land in respect of which the person is recorded as a participant Landowner of the post-1989 forest land Owning post-1989 forest land Leaseholder under a registered lease of post-1989 forest land Registered lease over post-1989 forest land in respect of which the person is recorded as a participant Landowner of the post-1989 forest land Owning post-1989 forest land Party to a Crown conservation contract Crown conservation contract over post-1989 forest land in respect of which the person is recorded as a participant Landowner of the post-1989 forest land Owning post-1989 forest land. 2: In subsections (1) and (3) to (7) and section 193 a: affected carbon accounting area i: means a carbon accounting area that contains post-1989 forest land to which a transmitted interest relates; and ii: includes, where a transmitted interest relates to post-1989 forest land in part of a carbon accounting area, that carbon accounting area: b: each of the persons described in the first column of the table in subsection (1) transferor c: each of the persons described in the third column of the table in subsection (1) transferee d: transmitted interest i: in the circumstances described in subsection (1)(a) ii: in the circumstances described in subsection (1)(b) iii: in the circumstances described in subsection (1)(c) e: date of transmission i: in the circumstances described in subsection (1)(a) A: the post-1989 forest land: B: the registered forestry right over post-1989 forest land: C: the registered lease of post-1989 forest land: D: the Crown conservation contract: ii: in the circumstances described in subsection (1)(b) iii: in the circumstances described in subsection (1)(c) 3: If this section applies, then,— a: within 20 working days of the date of transmission of the transmitted interest,— i: the transferor and transferee must notify the chief executive of the transmission; and ii: the transferor must submit an emissions return as required by section 193 b: from the date of transmission,— i: the transferor ceases to be a participant under this Act in relation to the post-1989 forest land to which the transmitted interest relates and the transferee becomes a participant in respect of the activity listed in Part 1 of Schedule 4 that is referred to in the fourth column of the table in subsection (1) ii: the area of post-1989 forest land to which the transmitted interest relates constitutes a new carbon accounting area in respect of which the transferee is the participant; and iii: any post-1989 forest land remaining in an affected carbon accounting area and to which the transmitted interest does not relate constitutes a new carbon accounting area in respect of which the transferor is the participant. 4: If this section applies because a transmitted interest has been transmitted by operation of law, then— a: the notice given under subsection (3)(a)(i) b: the emissions return required under section 193 5: A notice given under subsection (3)(a)(i) a: in the prescribed form; and b: accompanied by any prescribed fees or charges and any prescribed information; and c: signed by both the transferor and the transferee. 6: Following receipt of a notice complying with subsection (5) section 193 a: if the transferee is not already registered under section 57, enter the transferee's name on the register kept under section 57 as a participant in respect of an activity listed in Part 1 of Schedule 4 that is referred to in the fourth column of the table in subsection (1) b: if the transferee is already registered under section 57, but not in respect of the activity listed in Part 1 of Schedule 4 that is referred to in the fourth column of the table in subsection (1) c: if the transferor is registered under section 57 only in respect of carrying out the activity listed in Part 1 of Schedule 4 in respect of post-1989 forest land to which the transmitted interest relates, remove the transferor's name from the register in respect of that activity: d: update the chief executive’s records under section 188(2) i: removing the affected carbon accounting areas from the transferor’s record (if the transferor remains a participant only in respect of an activity listed in Part 1 of Schedule 4); and ii: recording any new carbon accounting areas constituted by operation of subsection (3)(b)(ii) or (iii) iii: recording the opening unit balance of any carbon accounting area referred to in subparagraph (ii) section 190(3)(a) or (c) e: as applicable, give notice to the transferor and transferee of the action taken by the chief executive under paragraphs (a) to (d) 7: To avoid doubt,— a: for the purposes of section 54(4), a transferor continues to be liable in respect of any obligations that arose in relation to the carbon accounting area or part of the carbon accounting area while the transferor was a participant in respect of the post-1989 forest land to which the transmitted interest relates (for example, in respect of the submitting of returns and surrendering of units required under section 189); and b: a transferor is not required to notify the chief executive separately under section 59 if the result of the transfer is that the transferor is ceasing to carry out the activity; and c: the chief executive is not required to notify any person under section 188(6)(a) of the registration of the transferee under section 57 if that registration is in accordance with this section. 193: Emissions returns in relation to transmitted interests 1: If section 192 section 191 section 192(3)(a) 192(4)(b) 2: An emissions return under this section must— a: be in respect of all affected carbon accounting areas; and b: in respect of each carbon accounting area covered by the return, be for the period— i: commencing on the latest of— A: the first day of the mandatory emissions return period (as specified in section 189(9)) in which the interest was transmitted; or B: the date on which the land in the affected carbon accounting area became post-1989 forest land; or C: the date of constitution of the carbon accounting area (as specified in section 190(5) section 188(7)(b)(ii)(B) section 192(3)(b) D: if an emissions return has been submitted under section 189(4A) ii: ending on the date of transmission; and c: comply with section 189(5) 3: If a person submits an emissions return under this section,— a: section 189(7) applies to the person as if the references in that provision to subsection (4) were references to this section; and b: section 189(8) applies to the person as if the reference in that provision to this section section 193 67: Information about status of forest land 1: Section 194(2)(a) since the carbon accounting area or areas were constituted request 2: Section 194(2) b: the unit balance of the carbon accounting area or areas covered by the information request. 3: Section 194(2)(c) 68: First emissions return for pre-1990 forest land activities Section 196(2A) 30 April 31 May 69: Section 196A repealed Section 196A 70: New section 201 substituted Section 201 201: Effect of registration by purchasers of jet fuel A participant in respect of an activity listed in Part 2 of Schedule 3 is not required to surrender units in respect of obligation jet fuel that is purchased by a person who is a participant in respect of an activity listed in Part 3 of Schedule 4. 71: Participant with respect to mining coal or natural gas Section 204 3: Despite subsection (2)(a), subsection (4) a: a permit relating to mining coal is held by 2 or more persons jointly under terms that entitle the individual holders to a proportion of the coal mined under the permit; or b: a permit relating to mining natural gas is held by 2 or more persons jointly under terms that entitle the individual holders to a proportion of the gas mined under the permit. 4: If this subsection applies,— a: section 157 b: each of the individual holders referred to in subsection (3) i: is to be treated as the person carrying out the activity referred to in subsection (1) in relation to any natural gas or coal (as applicable) to which the person is entitled under the permit; and ii: must comply with the obligations of a participant under this Act in relation to the natural gas or coal (as applicable) to which the person is entitled under the permit. 72: Mining natural gas in exclusive economic zone and continental shelf Section 205 1A: To avoid doubt, a person who carries out the activity of mining natural gas, other than for export, anywhere within the territorial limits of New Zealand, the exclusive economic zone, or in, on, or above the continental shelf is not to be treated as importing the natural gas mined from that activity for the purposes of this Act. 73: New section 208 substituted Section 208 208: Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant 1: For the purposes of the activities listed in Part 4 of Schedule 4, the reference to a participant who mines coal or natural gas includes the following persons: a: a wholly owned subsidiary of a participant who mines coal or natural gas: b: a holding company of which a participant who mines coal or natural gas is a wholly owned subsidiary: c: another wholly owned subsidiary of a holding company of which a participant who mines coal or natural gas is the wholly owned subsidiary. 2: In subsection (1) subsidiary holding company 74: Effect of registration by purchasers of coal or natural gas Section 212 comply with section 62, report in an emissions return, or surrender units, surrender units 75: Subpart 4 of Part 5 substituted Subpart 4 4: Agriculture 213: Participant in respect of subpart 4 of Part 5 of Schedule 3 1: If an activity listed in subpart 4 of Part 5 of Schedule 3 is carried out, the landowner of the land on which it is carried out is to be treated as the person carrying out the activity unless the chief executive is satisfied that there is a written agreement in place between the landowner and a third party that— a: allows access by the third party to the land on which the activity listed in subpart 4 of Part 5 of Schedule 3 is being carried out and the third party is carrying out the activity listed in subpart 4 of Part 5 of Schedule 3 on the land; and b: was entered into— i: on or after the date appointed in the Order in Council under section 2A(9) that applies the activity listed in subpart 4 of Part 5 of Schedule 3 to the person carrying out the activity, and is for a term of at least 3 years; or ii: before the date appointed in the Order in Council under section 2A(9) that applies the activity listed in subpart 4 of Part 5 of Schedule 3 to the person carrying out the activity, and had at least 3 years until expiry at the date appointed in the Order in Council. 2: If the chief executive is satisfied that the criteria specified in subsection (1)(a) and (b) 3: To avoid doubt, for the purposes of this Act, no person, other than a landowner or, in the circumstances specified in subsection (2) 214: Units not required to be surrendered for fertilisers embedded in products A participant who carries out the activity listed in subpart 1 of Part 5 of Schedule 3 of importing or manufacturing synthetic fertilisers containing nitrogen is not required to surrender units in respect of any synthetic fertiliser containing nitrogen that— a: is permanently embedded in a product as part of a manufacturing process; and b: does not result in any emissions. 76: Transitional provision for penalties Section 217 1: This section applies to a participant who submits an annual emissions return in respect of an activity listed in— a: Part 1 of Schedule 3 that relates to the period 1 January 2008 to 31 December 2009; or b: Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 or Part 3 or 4 of Schedule 4 that relates to the period 1 January 2010 to 31 December 2010; or c: subpart 2 of Part 4 or Part 6 of Schedule 3 that relates to the period 1 January 2013 to 31 December 2013; or d: subpart 1 or 3 of Part 5 of Schedule 3 that relates to the period 1 January 2015 to 31 December 2015; or e: subpart 2 or 4 of Part 5 of Schedule 3 that relates to the first year in respect of which the participant is required to surrender units for emissions from the activity. 77: Transitional provision for voluntary reporting 1: Section 218(1)(a)(ii) Part 5 subpart 1 or 3 of Part 5 2: Section 218(1)(a)(iii) 2011; or 2011: iv: subpart 2 or 4 of Part 5 of Schedule 3 in the year commencing on a date appointed by Order in Council made under section 2A(8) or (9) (to the extent the order applies to persons carrying out an activity listed in those subparts) on and after which the relevant subpart applies to the person; or . 3: Section 218(1)(b)(iii) 4: Section 218(2)(a) subsection (1)(a) subsection (1)(a)(i) to (iii) 5: Section 218(2) ab: must, if the person carries out an activity specified in subsection (1)(a)(iv) . 6: Section 218(2) d: is not required to comply, except as provided in paragraph (ab) . 78: Transitional provision for mandatory reporting by certain participants 1: Section 219(1)(a) i: Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 in the period 1 January 2010 to 30 June 2010: . 2: Section 219(1)(a) ii: subpart 1 or 3 of Part 5 of Schedule 3 in the period 1 January 2012 to 31 December 2014: . 3: Section 219(1)(a)(iii) Schedule 3 and Schedule 3 or 4: Section 219(1)(a) 2012; or 2012: iv: subpart 2 or 4 of Part 5 of Schedule 3 in the year following the year commencing on a date appointed by Order in Council made under section 2A(8) or (9) (to the extent the order applies to persons carrying out an activity listed in those subparts) on and after which the relevant subpart applies to the person; or . 5: Section 219(1) b: a person who is a participant in relation to an activity listed in Part 3 or 4 of Schedule 4 in the period 1 January 2010 to 30 June 2010. 6: Section 219 3: In addition to the requirements specified in section 65, a person to whom subsection (1)(a)(i) or (b) 4: For the purposes of calculating emissions for the period 1 July 2010 to 31 December 2010 under subsection (3) a: references to a year in the Climate Change (Liquid Fossil Fuels) Regulations 2008 and the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 must be treated as references to the period 1 July 2010 to 31 December 2010; and b: the provisions of the regulations specified in paragraph (a) subsection (3) 5: Subsections (3) and (4) subsection (1)(a)(i) or (b) 79: New section 220 substituted Section 220 220: Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants Despite anything in this Act,— a: a person who is a participant in respect of an activity listed in subpart 1 of Part 2 of Schedule 4 and submits an annual emissions return for the period 1 January 2010 to 31 December 2010, or any other emissions return that relates to dates within the period 1 January 2010 to 30 June 2010, is not entitled to be transferred units under section 64 in relation to any removals from the activity reported in any return in respect of the period 1 January 2010 to 30 June 2010; and b: a person who is a participant in relation to an activity listed in subpart 3 of Part 2 of Schedule 4 and submits an annual emissions return for the period 1 January 2012 to 31 December 2012, or any other emissions return that relates to dates within that period, is not entitled to be transferred units under section 64 in relation to any removals from the activity reported in that return; and c: in addition to satisfying the requirements in section 65, a person to whom paragraph (a) i: 1 July 2010 to 31 December 2010, in the person's annual emissions return for the period 1 January 2010 to 31 December 2010; and ii: 1 July 2010 to 31 December 2010, in any emissions return submitted under section 66 that covers the dates within that period; and iii: 1 July 2010 to 30 September 2010, in any emissions return submitted under section 66 that covers dates within that period. 80: Additional transitional provision for Part 3 of Schedule 4 participants Section 221 2: Despite section 198(2)(b), the registration of a person who registers as a participant in respect of an activity listed in Part 3 of Schedule 4— a: before 1 January 2010, takes effect on 1 July 2010; and b: on or after 1 January 2010 and before 1 July 2010, takes effect on the date that is 5 months after the date of entry of the person’s name as a participant in the register under section 57. 81: New sections 222A to 222H inserted The following sections are inserted after section 222 222A: Transitional provision for liability to surrender units to cover emissions from activities relating to liquid fossil fuels, stationary energy, and industrial processes 1: This section applies to a person who— a: carries out an activity listed in Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 in the period 1 July 2010 to 31 December 2012; or b: is a participant in relation to an activity listed in Part 3 or 4 of Schedule 4 in the period 1 July 2010 to 31 December 2012. 2: Despite anything in this Act, a person to whom this section applies is only liable to surrender, and may only surrender, 1 unit for each 2 whole tonnes of emissions from the activity in respect of the period referred to in subsection (1) 222B: Transitional provision for entitlement to receive New Zealand units for removal activities 1: This section applies to a person who is— a: a participant in respect of an activity listed in Part 2 of Schedule 4 in the period 1 July 2010 to 31 December 2012; and b: entitled to receive units under section 64 in respect of that period. 2: Despite section 64, a participant to whom this section applies is entitled to receive only 1 New Zealand unit for each 2 whole tonnes of removals from the activity in respect of the period referred to in subsection (1) 222C: Transitional provision permitting payment of money instead of surrender of units to cover emissions 1: This section applies if— a: a person is required to surrender or repay units— i: under section 65(4), 118(5), 189(8), or 193 ii: under section 65(4) or 118(5) for emissions from any other activity in respect of any part of the period 1 July 2010 to 31 December 2012; or iii: under section 187 or 191 b: the chief executive is required under section 123(4) or 189(7)(d) to arrange for the reimbursement of units because a person has surrendered too many units— i: for emissions from an activity listed in Part 1 of Schedule 3 or Part 1 of Schedule 4 in respect of any part of the period 1 January 2008 to 31 December 2012; or ii: for emissions from any other activity in respect of any part of the period 1 July 2010 to 31 December 2012; or iii: under section 187 or 191 2: Despite anything in this Act, if this section applies, a person may satisfy the person's obligation to surrender, repay, or reimburse units by,— a: in the case of a person other than the chief executive,— i: surrendering or repaying the units in accordance with section 65(4), 118(5), 187, 189(8), 191, or 193 ii: paying a sum of $25 for each unit that the person is liable to surrender or repay, into a Crown bank account, by the date or within the period by which the units are required to be surrendered or repaid; or iii: a combination of— A: surrendering or repaying units in accordance with section 65(4), 118(5), 187, 189(8), 191, or 193 B: paying a sum of $25 for each unit that the person is liable to surrender or repay, but has not surrendered or repaid or will not surrender or repay in accordance with subsubparagraph (A) b: in the case of the chief executive,— i: reimbursing a person with units in accordance with the procedure specified in section 124 ii: paying a sum of $25 for each unit into a bank account designated by the person; or iii: a combination of— A: reimbursing a person with units in accordance with the procedure specified in section 124 B: paying the sum of $25 for each unit not so reimbursed into a bank account designated by the person. 3: For the purposes of subsection (2)(a)(ii) and (iii)(B) 4: For the purposes of subsection (3) section 222D(1) 222D: Issuing New Zealand units to meet surrender obligation 1: If, in accordance with section 222C(2)(a)(ii) or (iii)(B) a: issue a number of New Zealand units into a Crown holding account equal to the number of units in respect of which the person has paid a sum of $25; and b: transfer the New Zealand units into the person’s holding account held for the purpose of section 61(1) c: immediately following the transfer under paragraph (b) 2: The Registrar may, for the purposes of subsection (1)(a) section 222C(2)(a)(ii) or (iii)(B) 3: If the chief executive is required to reimburse a person units under section 123(4) or 189(7)(d) and has satisfied his or her obligation to do so by paying to the person a sum of $25 for the units in accordance with section 222C(2)(b)(ii) or (iii)(B) a: transfer from the appropriate surrender account to the person’s holding account held for the purpose of section 61(1) b: immediately following the transfer under paragraph (a) 4: For the avoidance of doubt, section 68 5: If subsection (1) 6: Despite anything in section 18CA(4) subsection (1)(c) subsection (3)(a) 222E: Transitional provisions relating to reporting 1: In the period beginning on the date this section comes into force and ending with the close of 31 January 2014, the information that can be obtained by a search of the unit register in accordance with section 27(2)(c) must include— a: the total quantity of New Zealand units issued during the relevant year; and b: the total quantity of New Zealand units issued under section 68 c: the total quantity of New Zealand units issued under section 222D 2: In the period from the date this section comes into force until 30 June 2013, the chief executive must publish, in accordance with section 89(2),— a: the total sum of money paid to a Crown bank account in accordance with section 222C(2)(a)(ii) or (iii)(B) b: the total sum of money paid by the chief executive in accordance with section 222C(2)(b)(ii) or (iii)(B) 222F: Transitional provision for allocation to industry 1: Despite anything in this Act,— a: a person who carries out an eligible industrial activity in the period 1 July 2010 to 31 December 2010 may apply for a provisional allocation or a final allocation in respect of that period under section 86 i: the regulation prescribing the eligible industrial activity is notified in the Gazette ii: an application for— A: a provisional allocation in respect of the period is made in the period commencing on the date the regulation comes into force and ends on a date that is 3 months later than the date on which the regulation comes into force; or B: a final allocation in respect of the period is made by the date that is the later of the final date for such an application under section 86 or the date that is 3 months later than the date on which the regulation comes into force; and b: sections 81 and 83 i: as if the variable PDCT in section 81 ii: as if the variable PDCT in section 83 iii: with any other necessary modifications as if the period 1 July 2010 to 31 December 2010 was the year in respect of which the application for a provisional allocation or a final allocation (as relevant) is made; and c: an eligible person who carries out an eligible industrial activity in 2011 or 2012 is entitled to be allocated or provisionally allocated, in respect of any application made under section 86 ections 81 to 84 2: Despite anything in this Act, a person who carries out an eligible industrial activity in the period 1 January 2011 to 31 December 2011 or 1 January 2012 to 31 December 2012 may apply for a provisional allocation or a final allocation under section 86 a: the regulation prescribing an eligible industrial activity is notified in the Gazette b: an application for a provisional allocation or a final allocation in respect of the period is made by the date that is the later of— i: the final date for such an application under section 86 ii: the date that is 3 months after the date on which the regulation comes into force. 222G: Transitional provision regarding prohibition on ability to export New Zealand units 1: Despite anything in this Act, during the period 1 July 2010 to 31 May 2013,— a: an account holder may not apply to the Registrar under section 30E(1)(a) to convert a New Zealand unit held by that person into a designated assigned amount unit for the purposes of transferring that assigned amount unit to an account in an overseas registry; and b: the Registrar must not transfer to an account in an overseas registry under section 18C— i: New Zealand units; or ii: designated assigned amount units that have been converted from New Zealand units under section 30E(3) before the commencement of this section. 2: This section does not apply to New Zealand units— a: transferred for removals from an activity listed in Part 1 of Schedule 4; or b: transferred in accordance with a determination of the Minister under section 77 or 78 222H: Transitional provision for unincorporated bodies 1: This section applies to 3 or more joint owners of land, leaseholders, forestry right holders, or parties to a Crown conservation contract who registered together as a participant ( joint participants section 157 2: If this section applies, then— a: the joint participants are, on and after the commencement of this section, to be treated as members of an unincorporated body that is a participant, but the unincorporated body is not required to— i: notify the chief executive that it is a participant as specified in section 157(2)(c)(ii)(A) ii: apply to be registered as a participant as specified in section 157(2)(c)(ii)(B) b: the chief executive must notify the joint participants that they are— i: now members of an unincorporated body for the purposes of this Act: ii: required to provide the details specified in section 157(2)(c)(ii)(C) and (2)(d) c: the chief executive must, after receiving the information specified in paragraph (b)(ii) 3: Failure to provide the information specified in section 157(2)(d)(i) subsection (2)(b) 4: If the joint participants fail to provide the information specified in a notice given under subsection (2)(b) a: choose a name for the unincorporated body and update any records relating to the joint participants as specified in subsection (2)(c) b: nominate 1 of the members of the unincorporated body as the person to whom notices are to be given. 5: If the chief executive updates any records relating to joint participants in accordance with subsection (2)(c) or (4) 6: Despite subsection (2) a: until the chief executive updates any records in relation to any joint participants, the joint participants together remain registered as a participant, and are jointly and severally liable for all obligations, and jointly and severally entitled to all benefits, arising from their status as a participant; and b: the joint participants whose names have been removed from a register and the unincorporated body whose name has been substituted on that register are to be treated for the purposes of this Act as the same participant. 82: Section 223 repealed Section 223 83: Gazetting of targets Section 224 2A: Before the Minister sets, amends, or revokes a target, the Minister must consult, or be satisfied that the chief executive has consulted, persons (or their representatives) that appear to the Minister or the chief executive likely to have an interest in the target. 84: New section 225 inserted The following section is inserted after section 224 225: Regulations relating to targets 1: The Governor-General may, by Order in Council made on the recommendation of the Minister responsible for the administration of this Act, make regulations setting a target. 2: Before recommending the making of an Order in Council under subsection (1) 3: The Minister responsible for the administration of this Act— a: must review the target following publication of any Intergovernmental Panel on Climate Change Assessment Report or report of a successor agency; and b: may at any time recommend to the Governor-General the setting of a target, or amendment or revocation of a target, having regard to the following matters: i: any Intergovernmental Panel on Climate Change Assessment Report or report of a successor agency: ii: any other matters the Minister considers relevant. 4: To avoid doubt, any number of targets may be set using the process under this section. 85: Schedule 3 amended 1: The Schedule 3 s 2A . 2: Part 4 Producing cable using a nitrogen cure process. 3: The item relating to purchasing, other than for on-selling, synthetic fertiliser containing nitrogen in subpart 2 for application to land 4: Subpart 3 Exporting from New Zealand live cattle, sheep, or pigs in accordance with an animal welfare export certificate. Producing eggs by a person who is the operator of a risk management programme registered under the Animal Products Act 1999. 86: Schedule 4 amended 1: The Schedule 4 s 2A . 2: Part 5 2: Consequential amendments 87: Amendments to Maori Fisheries Act 2004 1: This section amends the Maori Fisheries Act 2004 2: Section 5 settlement assets settlement assets a: the assets transferred to Te Ohu Kai Moana Trustee Limited under section 194(1)(c) (including Aotearoa Fisheries Limited and all its assets); and b: any further quota shares allocated to Te Ohu Kai Moana Trustee Limited under section 44 of the Fisheries Act 1996; and c: any New Zealand units allocated to Te Ohu Kai Moana Trustee Limited under the fishing allocation plan issued under the Climate Change Response Act 2002 . 3: Section 129(1) money and any surplus funds money, any surplus funds, and any New Zealand units allocated to Te Ohu Kai Moana Trustee Limited under the fishing allocation plan issued under the Climate Change Response Act 2002 4: The following section is inserted after section 138 138A: Allocation and transfer of New Zealand units 1: In this section— New Zealand units unallocated quota 2: When Te Ohu Kai Moana Trustee Limited allocates and transfers unallocated quota to an iwi or a mandated iwi organisation in accordance with section 130(1), 135, or 151 of this Act, Te Ohu Kai Moana Trustee Limited must, at the same time, allocate and transfer New Zealand units associated with that quota to that iwi or mandated iwi organisation in accordance with those provisions. 3: Te Ohu Kai Moana Trustee Limited must notify the Minister responsible for the administration of the Climate Change Response Act 2002 of the details of any allocation and transfer of unallocated quota and New Zealand units associated with that quota under subsection (2) 2009-12-08 Maori Fisheries Act 2004 88: Consequential amendments 1: Section 67Y(3A) section 80, or in regulations made under section 168(1)(k) of the Climate Change Response Act 2002 or section 90 of the Climate Change Response Act 2002, or in regulations made under section 168(1)(k) of that Act, or 2009-12-08 Forests Act 1949 2: The regulations set out in the Schedule 2009-12-08 Climate Change (Forestry Sector) Regulations 2008 Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 Climate Change (Unit Register) Regulations 2008

DLM1826000

2009

Taxation (Business Tax Measures) Act 2009

1: Title This Act is the Taxation (Business Tax Measures) Act 2009. 2: Commencement 1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section. 2: In Part 1 sections 3 24 3: In Part 2 a: section 32 b: sections 29(1) 30(1) 31(1) c: sections 29(2), 30(2), and 31(2) 2009-04-01 Income Tax Act 2007 Tax Administration Act 1994 Goods and Services Tax Act 1985 2007-12-19 Tax Administration Act 1994 1: Business tax measures Amendments to Income Tax Act 2007 3: Income Tax Act 2007 Sections 4 to 22 Income Tax Act 2007 4: New heading and new section DB 62 1: After section DB 61 Legal expenses DB 62: Deduction for legal expenses When this section applies 1: This section applies to a person when their total legal expenses for an income year is equal to or less than $10,000. Deduction 2: The person is allowed a deduction for the legal expenses. Definition 3: For the purposes of this section, legal expenses legal services Link with subpart DA 4: This section overrides the capital limitation. The general permission must still be satisfied and the other general limitations still apply. Defined in this Act: amount, capital limitation, deduction, general limitation, general permission, income year, legal expenses . 2: Subsection (1) 5: Valuing closing stock under $5,000 1: In the heading to section EB 23 $5,000 $10,000 2: In section EB 23(1)(b) $5,000 $10,000 3: Subsections (1) and (2) 6: When use of spreading method not required 1: Section EW 13(2) 2: A trustee who holds a financial arrangement in trust to manage compensation paid for personal injury under the Injury Prevention, Rehabilitation, and Compensation Act 2001, the Accident Insurance Act 1988, any of the former Acts as defined in section 13 of the Accident Insurance Act 1998, the Workers' Compensation Act 1956, or a court order does not use any of the spreading methods for the financial arrangement if the trustee is a cash basis person. 2: Subsection (1) 7: Straight-line method 1: In section EW 17(1)(a) $1,500,000 $1,850,000 2: Subsection (1) 8: Consistency of use of straight-line method and market valuation method 1: In the heading to section EW 25(3) $1,500,000 $1,850,000 2: In section EW 25(3) $1,500,000 $1,850,000 3: Subsections (1) and (2) 9: Section EW 54 replaced 1: Section EW 54 EW 54: Meaning of cash basis person Who is cash basis person 1: A person is a cash basis person a: 1 of the following applies in the person's case for the income year: i: section EW 57(1) ii: section EW 57(2) b: section EW 57(3) Persons excluded by Commissioner 2: A person may be excluded under section EW 59 Defined in this Act: cash basis person, financial arrangement, income year . 2: Subsection (1) 10: Section EW 56 repealed 1: Section EW 56 2: Subsection (1) 11: Thresholds 1: In section EW 57(1) section EW 56(1)(a)(i) section EW 54(1)(a)(i) 2: In section EW 57(2) section EW 56(1)(a)(ii) section EW 54(1)(a)(ii) 3: In section EW 57(3) section EW 56(1)(b) section EW 54(1)(b) 4: After section EW 57(9) Increase in specified sums 10: The Governor-General may make an Order in Council increasing a sum specified in any of subsections (1) to (3). 5: Subsections (1) to (3) 12: Financial arrangements, income, and expenditure relevant to criteria 1: In section EW 58(1) the natural person the person 2: In section EW 58(3) a: the subsection heading is replaced by Beneficiary of bare trust b: A natural person A person 3: In section EW 58(4) a: the subsection heading is replaced by Beneficiary of trust other than bare trust b: a natural person a person 4: In section EW 58(5) a: the subsection heading is replaced by Trustee b: a natural person a person 5: Subsections (1) to (4) 13: Section EW 59 replaced 1: Section EW 59 EW 59: Exclusion by Commissioner The Commissioner may treat a person who would otherwise be a cash basis person for a class of financial arrangements as not being a cash basis person for the class if— a: the person, or any other person, has structured and promoted the class to defer an income tax liability: b: the parties to a financial arrangement are associated, and the person's calculation of income and expenditure under the financial arrangement differs from that used by the associated person. Defined in this Act: associated person, cash basis person, Commissioner, financial arrangement, income, income tax liability . 2: Subsection (1) 14: Trustee of deceased's estate 1: In section EW 60(2) section EW 56(1)(a) and (b) section EW 54(1)(a) and (b) 2: In section EW 60(4) to EW 56 and EW 55 3: Subsections (1) and (2) 15: PAYE income payment forms for amounts of tax paid to Commissioner In section RD 22 a: in the heading to section RD 22(3), $100,000 $500,000 b: in subsection (3), $100,000 $500,000 c: in subsection (4), $100,000 $500,000 16: Unclassified benefits In section RD 45 a: in subsection (2)(a), $200 $300 b: in subsection (2)(b), $15,000 $22,500 c: in subsection (3)(a), $800 $1,200 d: in subsection (3)(b), $15,000 $22,500 e: in subsection (4)(a), $800 $1,200 f: in subsection (4)(b), $15,000 $22,500 17: Adjustments for unclassified benefits on amalgamation In section RD 46 a: in subsection (2), $15,000 $22,500 b: in subsection (3), $15,000 $22,500 c: in subsection (4), $15,000 $22,500 d: in subsection (5), $15,000 $22,500 18: Close company option 1: Section RD 60(1) 1: This section applies in an income year when an employer that is a close company provides a fringe benefit to a shareholder-employee if, in the preceding income year,— a: the gross amounts of tax for both PAYE income payments and employer's superannuation contributions for the corresponding tax year were no more than $500,000; or b: the only benefit provided by the employer was a fringe benefit— i: arising under section CX 6(1) (Private use of motor vehicle); and ii: limited to making available to shareholder-employees 1 vehicle or 2 vehicles for their private use; or c: the employer did not employ any employees. 2: In section RD 60(2)(b) subsection (1)(b) subsection (1)(c) 19: Small business option In section RD 61(1)(a) $100,000 $500,000 20: Section RZ 3 replaced Section RZ 3 RZ 3: Standard method: 2008–09 and 2009–10 income years When this section applies 1: This section applies to the calculation of a person's provisional tax liability for any instalments payable on or after 1 April 2009 for the 2008–09 income year, and for all instalments for the 2009–10 income year, when section RC 5 (Methods for calculating provisional tax liability) applies. Standard method modified: for 5% uplift 2: The standard method under section RC 5(2) is modified so that,–– a: for the 2008–09 income year, instead of using 105%, the amount of provisional tax payable is calculated using–– i: 100%, if the person is not a new tax rate person; or ii: 90%, if the person is a new tax rate person: b: for the 2009–10 income year, instead of using 105%, the amount of provisional tax payable is calculated using 100%. Standard method modified: for 10% uplift 3: The standard method under section RC 5(3) is modified so that, for the 2008–09 income year and the 2009–10 income year, instead of using 110%, the amount of provisional tax payable is calculated using–– a: 105%, if the person is not a new tax rate person; or b: 95%, if the person is a new tax rate person. Defined in this Act: amount, income year, new tax rate person, pay, provisional tax, residual income tax . 21: Section RZ 5 replaced Section RZ 5 RZ 5: Calculating amounts under standard method: 2008–09 and 2009–10 income years When this section applies 1: This section applies to the calculation of a person's provisional tax liability for any instalments payable on or after 1 April 2009 for the 2008–09 income year, and for all instalments for the 2009–10 income year, when section RC 10 (Calculating amount of instalment under standard and estimation methods) applies. Calculation modified: 2008–09 income year 2: In the calculation of the amount of an instalment for the 2008–09 income year, in section RC 10(3)(a),–– a: subparagraph (i) is modified so that instead of a 5% uplift,–– i: no uplift is applied, if the person is not a new tax rate person; or ii: a 10% reduction is applied, if the person is a new tax rate person: b: subparagraph (ii) is modified so that instead of a 10% uplift,–– i: a 5% uplift is applied, if the person is not a new tax rate person; or ii: a 5% reduction is applied, if the person is a new tax rate person. Calculation modified: 2009–10 income year 3: In the calculation of the amount of an instalment for the 2009–10 income year, in section RC 10(3)(a),–– a: subparagraph (i) is modified so that instead of a 5% uplift, no uplift is applied: b: subparagraph (ii) is modified so that instead of a 10% uplift,–– i: a 5% uplift is applied, if the person is not a new tax rate person; or ii: a 5% reduction is applied, if the person is a new tax rate person. Defined in this Act: amount, income year, new tax rate person, pay, provisional tax, residual income tax . 22: Definitions 1: In section YA 1 legal defeasance legal expenses section DB 62 . 2: In section YA 1 initial provisional tax liability $35,000 $50,000 Amendment to Tax Administration Act 1994 23: Provisional tax and rules on use of money interest 1: In section 120KE(1)(b) $35,000 $50,000 2: Subsection (1) Amendments to Goods and Services Tax Act 1985 24: Goods and Services Tax Act 1985 Sections 25 Goods and Services Tax Act 1985 25: Taxable periods In section 15(2)(a) $250,000 $500,000 26: Requirements for accounting on payments basis In section 19A(1)(b)(i) $1,300,000 $2,000,000 27: Persons making supplies in course of taxable activity to be registered In section 51(1)(a) $40,000 $60,000 2: Minor remedial matters Amendments to Income Tax Act 2007 28: Income Tax Act 2007 Sections 29 to 31 Income Tax Act 2007 29: Employer's liability for attributed benefits 1: In section RD 50(5) 63.93% 61.29% 2: 3: Subsection (1) 4: Subsection (2) Section 29(2) repealed 29 May 2009 section 4 Taxation (Budget Tax Measures) Act 2009 30: Calculation for certain employees when information lacking 1: In section RD 52(3)(b) 63.93% 61.29% 2: 3: Subsection (1) 4: Subsection (2) Section 30(2) repealed 29 May 2009 section 4 Taxation (Budget Tax Measures) Act 2009 31: Pooling non-attributed benefits 1: In section RD 53(4)(a) 64% 61% 2: 3: Subsection (1) 4: Subsection (2) Section 31(2) repealed 29 May 2009 section 4 Taxation (Budget Tax Measures) Act 2009 Amendment to Tax Administration Act 1994 32: Interpretation In section 3(1) response period 1 year 2 years

DLM1774200

2009

Domestic Violence Amendment Act 2009

1: Title This Act is the Domestic Violence Amendment Act 2009. 2: Commencement 1: Section 9 2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Domestic Violence Act 1995 2009-10-28 Domestic Violence Act 1995 2010-07-01 Domestic Violence Act 1995 Section 9 of this Act 4: Standard conditions of protection order Section 19(2)(e) electronic message, telephone, 5: Power to direct respondent or associated respondent to attend programme Section 32(3) 6: Confidentiality of information disclosed to programme provider Section 43(4)(c)(i) section 49(1)(c) section 49A 7: New sections 49 and 49A substituted 1: Section 49 49: Offence to breach protection order 1: Every person commits an offence who breaches a protection order by— a: doing any act in contravention of the protection order; or b: failing to comply with any condition of the protection order. 2: It is a defence in a prosecution for an offence under subsection (1) 3: Every person who is convicted on indictment of an offence against this section is liable to imprisonment for a term not exceeding 2 years. 4: To avoid doubt, a failure to comply with a direction made under section 32(1) or (2) to attend a specified programme is not a breach of a protection order under subsection (1)(b) 49A: Offence to fail to comply with direction 1: Every person commits an offence who, without reasonable excuse, fails on any occasion to comply with a direction made under section 32(1) or (2) to attend a specified programme. 2: Every person who commits an offence against this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000. 2: The second column of the item relating to the Domestic Violence Act 1995 in Part 2 49(3) 49(2) 2009-10-28 Summary Proceedings Act 1957 8: New section 50 substituted Section 50 50: Power to arrest for breach of protection order Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has— a: contravened the protection order; or b: failed to comply with any condition of the protection order. 9: New Part 6A inserted The following Part is inserted after section 124 6A: Police safety orders 124A: Interpretation In this Part, unless the context otherwise requires,— constable Police safety order order section 124B qualified constable 124B: Qualified constable may issue Police safety order 1: A qualified constable may issue an order against a person ( person A person B a: does not arrest person A for an offence against any enactment involving the use of violence against person B; but b: has reasonable grounds to believe, having regard to the matters specified in subsection (2) 2: When considering whether to issue an order against person A, the constable must have regard to the following matters: a: whether, in the circumstances, he or she considers it is likely that— i: person A has used, or is using, domestic violence against person B: ii: person A has used, or is using, domestic violence against any other person with whom he or she has a domestic relationship: b: whether there is a likelihood that person A will use, or again use, domestic violence against person B: c: the welfare of any children residing with person B: d: the hardship that may be caused if the order is issued: e: any other matter the constable considers relevant. 3: A constable who is not a qualified constable may issue an order under this section only if he or she is specifically authorised by a qualified constable to issue that order. 124C: Consent to issue of Police safety order not required An order may be issued without the consent of the person for whose safety the order is proposed to be issued. 124D: Police safety order not to be issued against child An order may not be issued against a child. 124E: Effect of Police safety order 1: A person against whom an order is issued must immediately— a: surrender to a constable— i: any weapon in his or her possession or control; and ii: any firearms licence held by him or her: b: vacate any land or building occupied by a person at risk, whether or not he or she has a legal or equitable interest in the land or building. 2: It is a condition of every order that the person against whom the order is issued must not— a: physically or sexually abuse a person at risk; or b: threaten to physically or sexually abuse a person at risk; or c: damage, or threaten to damage, property of a person at risk; or d: engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or e: encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the person against whom the order is issued, would be prohibited by the order; or f: watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or g: follow a person at risk about or stop or accost a person at risk in any place; or h: where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or i: make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably necessary in any emergency. 3: In this section, person at risk a: the person named in the order for whose safety the order is issued; and b: any child residing with that person. 124F: Suspension of firearms licence on issue of Police safety order On the issue of an order, and for the period that the order is in force,— a: any firearms licence held by the person against whom the order is issued is deemed to be suspended; and b: the person against whom the order is issued is deemed, for all purposes, not to be the holder of a firearms licence. 124G: Suspension of parenting orders, etc 1: This section applies where— a: an order is issued; and b: a child is residing with a person named in the order for whose protection the order is issued (a protected child c: a parenting order or day-to-day care or contact agreement is in force in respect of a protected child; and d: the person against whom the order is issued is a party to that parenting order or agreement. 2: While an order continues in force against any person, the provisions of a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child are suspended. 124H: Prompt service of Police safety order required 1: An order issued under section 124B 2: If an order issued under section 124B 124I: Detention by constable 1: A constable who is proposing to issue a Police safety order under section 124B a: obtain authorisation under section 124B(3) b: issue the order: c: serve the order. 2: If a person who is detained under subsection (1) a: commits an offence and is liable on summary conviction to the penalty specified in subsection (4) b: may be arrested without warrant. 3: To avoid doubt, subsection (2) subsection (1)(a) 4: The maximum penalty for an offence against subsection (2)(a) 5: In this section, detain 124J: Police safety order to be explained 1: A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the person against whom the order is issued— a: the purpose, duration, and effect of the order; and b: the consequences that may follow if the person against whom the order is issued contravenes the order. 2: A constable who issues an order must also, either before or after issue and service of the order, explain to the person for whose safety the order is issued the matters set out in subsection (1)(a) and (b) 124K: Duration of Police safety order 1: An order comes into force immediately on being served on the person against whom the order is issued. 2: An order continues in force for the period specified in the order, but that period must not exceed 5 days. 3: In considering the period to be specified in the order, the qualified constable must have regard to the matters set out in section 124B(2) 124L: Contravention of Police safety order 1: Subsection (2) a: the order; or b: any condition of the order. 2: If this subsection applies, a constable may take the person into custody by— a: using such force as is reasonably necessary; or b: executing a warrant to arrest issued in respect of that person under section 124O(1)(a) 3: Where a person has been taken into custody under subsection (2) section 124N 4: A person who is taken into custody under subsection (2)(a) 124M: Issue of summons where person cannot be brought before District Court within 24 hours 1: If a person who is taken into custody under section 124L(2)(a) a: be released; and b: be served by a constable with a summons requiring him or her to appear before a District Court at the place and time specified in the summons. 2: A summons served under subsection (1)(b) 3: If a person who has been served with a summons under subsection (1)(b) a: arrest him or her; and b: bring him or her before the Court. 124N: Jurisdiction of District Court 1: If a District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is satisfied that a person has refused or failed to comply with a Police safety order, the Court may,— a: if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the Court, be— i: issued against the person in substitution of the earlier order for the safety of the person named in the earlier order; and ii: served by a constable or officer of the Court as soon as practicable; or b: if the order has expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the Court, be— i: issued against the person for the safety of the person named in the earlier order; and ii: served by a constable or officer of the Court as soon as practicable; or c: if it considers it appropriate in the circumstances to do so,— i: adjourn the proceedings to a specified time and place to enable a District Court Judge to consider whether a temporary protection order should be issued under subsection (2)(b) ii: make a direction of the kind specified in paragraph (a) or (b) 2: If a District Court presided over by a District Court Judge is satisfied that a person has refused or failed to comply with a Police safety order, the Judge may— a: make a direction of the kind specified in subsection (1)(a) or (b) b: issue, without application from any person, a temporary protection order under section 14 as if— i: every reference in that section to the respondent were a reference to the person who the Judge is satisfied has refused or failed to comply with the Police safety order ( person R ii: every reference in that section to the applicant were a reference to the person named in the Police safety order for whose safety the order was issued ( person S 3: A District Court Judge may issue a temporary protection order under subsection (2)(b) 4: Subsection (2)(b) subsection (5) 5: A District Court Judge may only issue an order of the kind referred to in subsection (2)(b) a: does not object; and b: has not made an application for a protection order against person R that is currently pending determination by a Court. 6: Where the Court makes a direction of the kind specified in subsection (1)(a) or (b) 124O: Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings 1: Subsection (2) applies if— a: a person against whom a Police safety order is issued refuses or fails to comply with the order, or any condition of the order; or b: a person who the District Court is satisfied has refused or failed to comply with a Police safety order does not attend personally at the time and place to which proceedings have been adjourned under section 124N(1)(c)(i) 2: The District Court may issue a warrant in the prescribed form. 3: A warrant to arrest a person under this section— a: must be directed either— i: specifically to a constable; or ii: generally to every constable; but b: may be executed by any constable. 4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises. 5: The constable executing the warrant— a: must have the warrant with him or her; and b: must produce it on initial entry and, if requested, at any subsequent time; and c: if he or she is not in uniform, produce evidence that he or she is a constable. 6: A person who is arrested under this section must, as soon as possible, be brought before a District Court to enable it to exercise its jurisdiction under section 124N 124P: Protection order to be issued and served 1: Where a District Court makes a temporary protection order under section 124N(2)(b) a: immediately issue the order; and b: wherever practicable, serve a copy of the order on the person against whom the order is made before that person leaves the Court. 2: For the purpose of subsection (1), the Court may direct that the person against whom the order is made be detained in the custody of the Court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on that person. 124Q: Protection order to be sent to Family Court 1: Immediately after the issue of a protection order under section 124N 2: On receipt of a copy of an order under subsection (1) 124R: Protection order treated as if made by Family Court As soon as an order has been entered in the records of the Family Court under section 124Q(2) 124S: Police employees, etc, protected from proceedings No action or proceedings may be brought against the Crown or any constable in respect of any thing done, or omitted to be done, for the purpose of carrying out the provisions of this Part, where the Crown or the constable acted in good faith and with reasonable care. 10: Consequential amendments to other enactments The regulations listed in the Schedule 2009-10-28 Domestic Violence Rules 1996 Family Courts Rules 2002

DLM2014900

2009

Land Transport Amendment Act 2009

1: Title This Act is the Land Transport Amendment Act 2009. 2: Commencement 1: Sections 5 to 23 25 26 a: a date to be fixed by the Governor-General by Order in Council: b: 1 December 2009. 2: Sections 4 24 27 to 31 32(1) 35(2) 3: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates. Section 2(1): sections 5–23, 25, and 26 1 November 2009 Land Transport Amendment Act 2009 Commencement Order 2009 Section 2(3): sections 32(2), (3), (5)–(15), and (18), 33, 34, and 35(1) and (4)–(8) 1 May 2011 Land Transport Amendment Act 2009 Commencement Order 2011 3: Principal Act amended This Act amends the Land Transport Act 1998 2009-06-29 Land Transport Act 1998 OIC (SR 2009/263) 2009-11-01 Land Transport Act 1998 sections 5–23, 25, and 26 OIC (SR 2011/78) 2011-05-01 Land Transport Act 1998 sections 32(2), (3), (5) to (15), and (18), 33, 34, and 35(1) and (4) to (8) 4: Short Title and commencement Section 1(4) 1: Amendments to principal Act 5: Interpretation 1: The definition of blood test section 2(1) taking of a blood specimen for analysis analysis of a blood specimen 2: The definition of blood test fee section 2(1) the blood test fee the fee for the analysis of a blood specimen 3: Section 2(1) compulsory impairment test Gazette controlled drug a: means any substance, preparation, mixture, or article specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and b: includes any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and c: excludes any substance, preparation, mixture, or article specified by regulations made under this Act health practitioner medical expenses parking warden prescription medicine . 6: New section 11A inserted The following section is inserted after section 11 11A: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine A person may not drive or attempt to drive a motor vehicle while— a: impaired; and b: that person's blood contains evidence of the use of— i: a controlled drug; or ii: any prescription medicine. 7: New section 57A inserted The following section is inserted after section 57 57A: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine 1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if— a: 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 71A b: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of— i: a controlled drug; or ii: any prescription medicine. 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. 3: If a person commits a third or subsequent offence against subsection (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 from holding or obtaining a driver licence for more than 1 year. 4: Subsection (3)(b) 5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (3) 6: The imposition of a mandatory disqualification under this section is subject to section 81. 8: Contravention of section 12 Section 58 1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road— 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 the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 1A: To avoid doubt, subsection (1)(b) subsection (1)(a) 9: Failure or refusal to remain at specified place or to accompany enforcement officer 1: Section 59(1)(b) , 71A section 69 2: Section 59(1)(c) section 69 or 72 section 69, 71A 3: Section 59(1)(c)(i) or a compulsory impairment test blood test 4: Section 59(1)(c)(ii) either any 5: Section 59(1)(d) or a compulsory impairment test under section 71A section 69 10: Failure or refusal to permit blood specimen to be taken 1: The heading to section 60 or to undergo compulsory impairment test 2: Section 60(1) ; or d: fails or refuses to undergo a compulsory impairment test under section 71A 11: Person in charge of motor vehicle causing injury or death Section 61 2: A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person— 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 the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 2A: To avoid doubt, subsection (2)(b) subsection (2)(a) 12: Causing injury or death in circumstances to which section 61 does not apply 1: Section 62 1: A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)— a: while under the influence of drink or a drug, or both; or b: if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. 1A: To avoid doubt, subsection (1)(b) subsection (1)(a) 1B: A person commits an indictable offence if— a: the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and b: 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 71A c: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of— i: a controlled drug; or ii: any prescription medicine. 2: Section 62(2) or (1B) subsection (1), Section 12(2) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 13: Defences Section 64 1A: It is a defence to proceedings for an offence against section 57A(1) 62(1B) 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 drug or medicine; or 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. 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. Section 13 amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 14: Blood test fee 1: Section 67(1) 57A 57(2), 2: Section 67(1) and any associated medical expenses offence was committed 3: Section 67(1) test fee is test fee and any associated medical expenses are 4: Section 67 2: For the purposes of subsection (1) Gazette 3: The medical expenses referred to in subsection (1) 15: New section 71A inserted The following section is inserted after section 71 71A: Requirement to 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 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 require a person specified under subsection (1) 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 after 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) 16: Who must give blood specimen at places other than hospital or surgery 1: Section 72(1) ; or e: 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 71A 2: Section 72 1A: Subsection (1)(e) 1B: Subsection (1)(e) 1C: An enforcement officer may exercise the powers in subsections (1) and (2) 17: Who must give blood specimen in hospital or surgery Section 73(5) a: has reasonable grounds to suspect that the person is in the hospital or doctor's surgery as a result of— 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 . 18: New section 73A inserted The following section is inserted after section 73 73A: Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975 Evidence of a controlled drug in a blood sample taken under section 72 or 73 may not be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975. 19: Certificates in blood-alcohol proceedings Section 75(5)(b) the presence or certificate, 20: Circumstances in which certificate not admissible in proceedings 1: Section 79(2) presence or relates to the 2: Section 79(3) presence or relates to the 3: Section 79(4) ; or e: if a certificate certifies that there is evidence of a controlled drug or any prescription medicine, the defendant’s blood specimen has been received and analysed by the private analyst and found to contain no evidence of a controlled drug or any prescription medicine. 21: Release of vehicle after 28 days Section 98 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: For the purposes of subsection (6) security interest 22: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer Section 120 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 71A 23: Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle Section 121(1)(a) i: a person who is for the time being in charge of a motor vehicle, because of his or her physical or mental condition (however arising),— A: is incapable of having proper control of the vehicle; or B: 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 71A C: fails or refuses to undergo a compulsory impairment test when required to do so under section 71A . 24: Strict liability for offences involving insecure loads and loads falling from vehicles Section 134(4)(a) until the close of 30 June 2009, unless the provisions are sooner revoked, 25: Regulations Section 167(1) mc: specifying that a substance, preparation, mixture, or article is not a controlled drug for the purposes of this Act: . 26: New section 209A inserted The following section is inserted after section 209 209A: Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol 1: Without limiting the purposes for which a blood specimen may be analysed or re-analysed under this Act, 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 blood specimen from a person taken under section 72 or 73. 2: Subsection (1) 3: No analysis of a blood specimen under subsection (1) 4: A blood specimen analysed or re-analysed under subsection (1) 27: Repeals Section 214(3) 1 July 2009 a date to be appointed by the Governor-General by Order in Council 28: Transitional regulations Section 216(b) or Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 29: Expiry of section 216 Section 217 30: Regulations and other enactments having effect under this Act 1: Section 218(1)(e) 2: Section 218(2)(a) 31: Expiry of section 218 Section 219 32: New Part 17 inserted 1: The following headings and section are inserted after section 232 17: Motor vehicle registration and licensing Preliminary provisions 233: Interpretation matters applying to this Part 1: In this Part, unless the context otherwise requires,— accident insurance levy enforcement authority a: the New Zealand Police: b: the Agency, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency: 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 moped a: means a motor vehicle (other than a power-assisted pedal cycle) that has— i: 2 wheels; and ii: a maximum speed not exceeding 50 kilometres per hour; and iii: either— A: an engine cylinder capacity not exceeding 50 cc; or B: a power source other than a piston engine; and b: includes a motor vehicle running on 3 wheels if the vehicle— i: was registered before paragraph (a) ii: falls within the definition of moped in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 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 Agency; but c: does not include a moped 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; or iii: the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and b: includes ordinary plates, supplementary plates, personalised plates, and trade plates sale sell, seller, acquirer purchaser supplementary plate tractor trade plate Gazette 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 . 2: The following heading and sections are inserted in their appropriate order: Register of motor vehicles 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 18 235: 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. 3: The following sections are inserted in their appropriate order: 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), (2) 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) ii: subsection (2)(d) b: the purpose of any such disclosure. 1986 No 6 s 19(1), (3) 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) 239: Further restrictions 1: Despite section 237 subsection (2) 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) 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. 5: In considering under subsection (4)(a) 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), (5) 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) . 4: The following section is inserted in its appropriate order: 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 subsection (1) (3): An application for authorisation under subsection (1) 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) 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) 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) 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) 5: The following heading and sections are inserted in their appropriate order: Registration and licensing requirements 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— i: the registration plates issued for it; and ii: 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) 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 or any corresponding former Act immediately before the commencement of this Part is to be treated as if it were registered under this Part. 1986 No 6 s 5(1), (1A), (5) 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. 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) 1986 No 6 ss 6A, 7(1), (1A), (2), (3), (4), 8(2), 22(3) 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) 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) 1986 No 6 ss 10(1), (2), 13(1)–(3) 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. 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) . 6: The following heading and section are inserted in their appropriate order: Change of registered person on sale or other disposition 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. 7: The following sections are inserted in their appropriate order: 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. 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) 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 267 250: 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. 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) 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. 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) 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) 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) 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) 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) 5: A storage provider that is a local authority may dispose of a motor vehicle under subsection (2) 6: However, before disposing of a motor vehicle under subsection (3) or (5) 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 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) 8: The following heading and sections are inserted in their appropriate order: Cancellation of registration 255: Cancellation of registration The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part. 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) . 9: The following heading and section are inserted in their appropriate order: Registration plates 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) . 10: The following section is inserted in its appropriate order: 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. 11: The following sections are inserted in their appropriate order: 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) 3: A contract that was entered into under section 9 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and is in force immediately before commencement of this section is deemed to have been entered into under and in accordance with this section. 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), (5) 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) 4: Personalised plates must be issued in accordance with any regulations made under this Part. 1986 No 6 ss 9A, 9B, 9C . 12: The following sections are inserted in their appropriate order: 261: Eligibility for trade plates The Minister may, by notice in the Gazette 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. 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) 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. 13: The following heading and sections are inserted in their appropriate order: General provisions relating to registration and licensing 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) 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). 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) 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) 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. 14: The following section is inserted in its appropriate order: 267: Appeal to District Court 1: A person may appeal to a District Court against a specified decision made under this Part by the Registrar or an enforcement officer if the person— 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) 15: The following heading and section are inserted in their appropriate order: Offences and penalties 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. 16: The following heading and sections are inserted in their appropriate order: Regulations 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 licences and registration plates: 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,— i: the form, colour, and material of licences and registration plates; and ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences and registration plates; and iii: the means to make licences and registration plates easily visible; and iv: the number of licences and registration plates to be displayed and the position and manner in which they are to be displayed; and v: the eligibility requirements for licences, licence labels, and registration plates; and vi: the duration of licences and registration plates: 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) 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) 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: 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) 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) d: provide that exemptions referred to in subsection (1)(b) e: provide that exemptions from the requirements in section 242(1) or (2) f: provide for the renewal or revocation of exemptions referred to in subsection (1)(b) 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 applies to regulations made under subsection (1)(p) or (q) 4: Without limiting the generality of subsection (3) a: the New Zealand Police: b: a statutory entity (within the meaning of the Crown Entities Act 2004): c: a department specified in Schedule 1 of the State Sector Act 1988. 1986 No 6 s 35A 270: Fees and charges identified as land transport revenue 1: This section applies to regulations made by Order in Council under section 269 relevant regulations 2: If relevant regulations are made on or before 30 June in any year, they expire on the close of 31 December of that year except so far as they are expressly confirmed by Act of Parliament passed during that year. 3: If relevant regulations are made on or after 1 July in any year, they expire on the close of 31 December in the following year except so far as they are expressly confirmed by Act of Parliament passed before the end of that following year. 4: If relevant regulations expire by virtue of subsection (2) or (3) 5: The reference in subsection (4) a: prescribed (or having effect as if prescribed) under section 167 or 168B in respect of the same or substantially the same matter; and b: in force immediately before the commencement of this section. 6: If relevant regulations expire by virtue of subsection (2) or (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: The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming relevant regulations under subsection (2) or (3) 17: The following headings and sections are inserted in their appropriate order: Appointment 271: Appointment of Registrar Nothing in this Part prevents the Minister from appointing the Agency to be the Registrar of Motor Vehicles if the Minister thinks it appropriate to do so. Delegations and authorisations 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) 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; and 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 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) a: the Official Information Act 1982; and b: the Ombudsmen Act 1975. 1986 No 6 ss 8(6), 13(6), 34(2) . 18: The following heading and sections are inserted in their appropriate order: Fees and charges 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 must be paid into a Crown Bank Account and treated as land transport revenue. 1986 No 6 s 36 275: 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 . 2: Repeal, revocation, and consequential amendments 33: Repeal The Transport (Vehicle and Driver Registration and Licensing) Act 1986 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle and Driver Registration and Licensing) Act 1986 34: Revocation The Transport (Vehicle Registration and Licensing) Amendment Regulations 2006 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle Registration and Licensing) Amendment Regulations 2006 35: Consequential amendments 1: The Land Transport Act 1998 Schedule 1 2: The heading to Part 5 of Schedule 2 of the Land Transport Act 1998 is amended by omitting 1 July 2009 date or dates appointed by Order in Council 3: The Land Transport Amendment Act (No 2) 2006 is amended by repealing sections 2(1) 6 4: The Acts specified in Part 1 of Schedule 2 Part 5: The regulations specified in Part 2 of Schedule 2 Part 6: The Land Transport Rules specified in Part 3 of Schedule 2 Part 7: From the commencement of this section, every reference in any enactment or document to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998 8: From the commencement of this section, every reference in any enactment or document to trade licence must, unless the context otherwise requires, be read as a reference to trade plate as defined in section 233(1) 2009-06-29 Land Transport Amendment Act (No 2) 2006 OIC (SR 2011/78) 2011-05-01 Domestic Violence Act 1995 Fire Service Act 1975 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Injury Prevention, Rehabilitation, and Compensation Act 2001 Land Transport Management Act 2003 Local Government Act 1974 Machinery Act 1950 Motor Vehicle Sales Act 2003 National Parks Act 1980 Petroleum Demand Restraint Act 1981 Privacy Act 1993 Public Works Act 1981 Reserves Act 1977 Road User Charges Act 1977 Sentencing Act 2002 Summary Proceedings Act 1957 Tauranga District Council (Route K Toll) Empowering Act 2000 Transport Act 1962 Biosecurity (Costs) Regulations 2006 Consumer Information Standards (Used Motor Vehicles) Regulations 2008 Domestic Violence (Public Registers) Regulations 1998 Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2008 Land Transport (Certification and Other Fees) Regulations 1999 Land Transport (Infringement and Reminder Notices) Regulations 1998 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Land Transport Management (Road Tolling Scheme for ALPURT B2) Order 2005 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999 Land Transport (Storage and Towage Fees for Impounded Vehicles) Regulations 1999 Motor Vehicle Sales Regulations 2003 Personal Property Securities Regulations 2001 Sentencing Regulations 2002 Transport Services Licensing Regulations 1989 Transport (Vehicular Traffic Road Closure) Regulations 1965 Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004

DLM2102700

2009

Appropriation (2008/09 Supplementary Estimates) Act 2009

1: Title This Act is the Appropriation (2008/09 Supplementary Estimates) Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Application 1: Section 10 Schedule 4 Schedule 4 2: The rest of this Act relates to the financial year ending with 30 June 2009. 4: Purpose The purpose of this Act is to— a: authorise the Crown to incur expenses and capital expenditure during the financial year ending with 30 June 2009 by appropriating expenses and capital expenditure for that financial year; and b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and c: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22 d: list appropriations that are subject to the reporting requirements of section 32A 5: Interpretation 1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates a: for each multi-class output expense appropriation under section 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations b: for each appropriation under section 7 8 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations c: for each appropriation under section 9 10 Type, Title, Scope and Period of Appropriations Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand Supporting Information for the year ending 30 June 2009 this year 2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1) 6: Appropriations additional to, or in reduction of, other appropriations The appropriations authorised by sections 7 8 9 Appropriation (2008/09 Estimates) Act 2008 7: Appropriations for expenses and for capital expenditure to be incurred 1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of— a: the categories of output expenses set out in column 3 of Schedule 1 b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1 c: the categories of other expenses set out in column 3 of Schedule 1 d: the categories of capital expenditure set out in column 3 of Schedule 1 2: Each appropriation provided by subsection (1) a: either— i: the amount authorised by the Appropriation (2008/09 Estimates) Act 2008 column 4 of Schedule 1 ii: if no amount was authorised by the Appropriation (2008/09 Estimates) Act 2008 column 4 of Schedule 1 b: the scope shown in the Supplementary Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 8: Appropriation administered by intelligence and security department 1: An appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by an intelligence and security department set out in column 3 of Schedule 2 2: The appropriation provided by subsection (1) a: the amount authorised by the Appropriation (2008/09 Estimates) Act 2008 column 4 of Schedule 2 b: the scope shown in the Supplementary Estimates for the appropriation. 3: The appropriation provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of that appropriation. 9: Appropriations for expenses and for capital expenditure that apply for part of 2008/09 year 1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of— a: the categories of other expenses set out in column 3 of Schedule 3 b: the category of capital expenditure set out in column 3 of Schedule 3 2: Each appropriation provided by subsection (1) a: the period specified in column 4 of Schedule 3 b: the amount specified in column 5 of Schedule 3 c: the scope shown in the Supplementary Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 4: The Supplementary Estimates may state a period for each appropriation provided by subsection (1) 5: Subsection (4) applies despite section 14(1)(a)(vii) section 17(1)(b) 10: Appropriations applying to more than 1 financial year 1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of— a: the categories of output expenses set out in column 3 of Schedule 4 b: the categories of other expenses set out in column 3 of Schedule 4 c: the categories of capital expenditure set out in column 3 of Schedule 4 2: Each appropriation provided by subsection (1) a: the period specified in column 4 of Schedule 4 b: either— i: the amount authorised by the previous authorities specified in column 6 of Schedule 4 column 5 of Schedule 4 ii: if no previous authority is specified in column 6 of Schedule 4 column 5 of Schedule 4 c: the scope shown in the Supplementary Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 4: The following authorities to incur capital expenditure or expenses are revoked with effect from the close of 30 June 2009: a: the authority to incur capital expenditure provided by the appropriation under section 10 of the Appropriation (2005/06 Supplementary Estimates) Act 2006, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) of this section, for Vote Transport for the category of capital expenditure Crown Contribution to Joint Venture Airports b: the authority to incur capital expenditure provided by the appropriation under section 9 of the Appropriation (2006/07 Estimates) Act 2006, as varied by section 9 of the Appropriation (2006/07 Supplementary Estimates) Act 2007 and section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008, for Vote Transport for the category of capital expenditure New and improved Infrastructure for State Highways c: the authority to incur expenses provided by the appropriation under section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) Auckland Rail Development d: the authority to incur expenses provided by the appropriation under section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) Urban Rail Development e: the authority to incur expenses provided by the appropriation under section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 for Vote Treaty Negotiations for the category of other expenses Historical Treaty of Waitangi Settlements 11: Confirmation of net assets For the purposes of section 22 sections 23 26E(1)(b) Schedule 5 a: column 3 b: column 8 c: column 9 12: Appropriations subject to section 32A of Public Finance Act 1989 The appropriations listed in Schedule 6 a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and b: are subject to section 32A

DLM1833600

2009

Electoral Amendment Act 2009

1: Title This Act is the Electoral Amendment Act 2009. 2: Commencement This Act comes into force on 1 March 2009. 3: Principal Act amended This Act amends the Electoral Act 1993 2009-03-01 Electoral Act 1993 1: Amendments to Electoral Act 1993 4: Interpretation 1: Section 3(1) candidate candidate a: in Parts 1 to 6 and 9, means— i: a constituency candidate; and ii: a list candidate: b: in Part 6A c: in Parts 7 and 8, means— i: a constituency candidate; and ii: a list candidate; and iii: any person who has declared his or her intention of becoming a constituency candidate or list candidate . 2: Section 3(1) election expenses a: in relation to a constituency candidate, has the meaning given to it by section 205A b: in relation to a party that is registered under Part 4, has the meaning given to it by section 206A list candidate party Part 6A a: means a political party registered under Part 4; and b: includes a political party that at any time during the 3 months immediately preceding polling day has been registered under Part 4 party secretary secretary a: carrying out the administration of the party; and b: conducting the correspondence of the party public inspection period sections 205K, 206I, 209, 210, and 210C a: beginning 3 working days after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return; and b: ending with the close of polling day for the second general election that takes place after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return . 3: The definition of corrupt practice section 3(1) or the Electoral Finance Act 2007 4: The definition of illegal practice section 3(1) or the Electoral Finance Act 2007 5: Section 3(1) secretary 5: Heading repealed The heading immediately following section 204 6: New Part 6A inserted The following Part is inserted after section 204 6A: Election expenses and donations 1: Candidates' election expenses 205: Meaning of election activity In this subpart, unless the context otherwise requires, election activity a: that is carried out by the candidate or with the candidate's authority; and b: 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; and c: that— i: relates to the campaign for the return of the candidate in the candidate's capacity as a constituency candidate and not to the candidate— A: in his or her capacity as a member of Parliament or as the holder of any other office; or B: in any other capacity; or ii: encourages or persuades or appears to encourage or persuade voters not to vote for a candidate or for a party; or iii: both; and d: that takes place, or is deemed by section 205C 1993 No 87 s 213(1) (pre-20 December 2007); 2007 No 111 s 71 205A: Meaning of election expenses In this subpart, unless the context otherwise requires, election expenses a: means expenses that are incurred by or on behalf of a candidate in respect of any election activity; and b: includes— i: expenses that are incurred by or on behalf of the candidate, before or after the 3 months immediately preceding polling day, in respect of any election activity; and ii: the reasonable market value of any materials applied in respect of any election activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and iii: the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but c: does not include the cost of any of the following: i: travel: ii: the conduct of any survey or public opinion poll: iii: the labour of any person that is provided to the candidate free of charge by that person: iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than the candidate or any person acting on his or her behalf) or by the occurrence of an event beyond the control of the candidate and any person acting on his or her behalf. 1993 No 87 s 213(1) (pre-20 December 2007); 2007 No 111 s 72 205B: Maximum amounts of candidate's election expenses 1: The total election expenses of a candidate at a general election must not exceed $20,000 (inclusive of goods and services tax). 2: The total election expenses of a candidate at a by-election must not exceed $40,000 (inclusive of goods and services tax). 1993 No 87 s 213(2) (pre-20 December 2007); 2007 No 111 s 76 205C: Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day 1: This section applies if an election activity as described in paragraphs (a) to (c) section 205 2: If this section applies,— a: the election activity is deemed to have taken place within the 3 months immediately preceding polling day; but b: the election expenses must be apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in the 3 months immediately preceding polling day. 3: Only the fair proportion of the expenses determined in accordance with subsection (2) 1993 No 87 s 213(4) (pre-20 December 2007); 2007 No 111 s 77 205D: Apportionment of election expenses between candidates 1: This section applies to any election expenses incurred in respect of an election activity that relates exclusively to campaigns for the return of 2 or more candidates. 2: The election expenses must be apportioned among the candidates according to the coverage provided by the election activity in relation to each of the candidates. 3: If a candidate receives less than 10% of the coverage provided by the election activity, the expenses relating to that election activity must not be included in the election expenses of that candidate. 4: Coverage provided by an election activity must be calculated in a way that is appropriate to the form of the election activity. 1993 No 87 s 214 (pre-20 December 2007); 2007 No 111 s 78 205E: Advertisements for party lists 1: This section applies to an advertisement that— a: is published or caused or permitted to be published in a newspaper, periodical, poster, or handbill, or is broadcast or caused or permitted to be broadcast by a radio or television station; and b: encourages or persuades or appears to encourage or persuade voters to vote for a party listed on the part of the ballot paper that relates to the party vote; and c: gives more than 10% of the coverage provided in the advertisement to a person who is a constituency candidate in a manner that either— i: features that candidate in his or her capacity as a list candidate; or ii: features that candidate as endorsing or supporting the party or its party list; and d: is or is to be published or broadcast in the district in which the person described in paragraph (c) 2: The cost of publishing or broadcasting the advertisement is part of the candidate’s election expenses. 3: However, subsection (2) subsection (1)(d) 1993 No 87 s 214A (pre-20 December 2007); 2007 No 111 s 80 205F: Offence to pay election expenses in excess of 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 election expenses any sum in excess of either of the maximum amounts prescribed by section 205B 2: The candidate or other person is guilty of— a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 1993 No 87 s 213(3) (pre-20 December 2007); 2007 No 111 s 81 205G: Periods for claiming and paying candidate's election expenses 1: A claim for any election expenses against a candidate, or an agent of a candidate, is recoverable only if it is sent to the candidate within 20 working days after the day on which the declaration required by section 179(2) is made. 2: A claim that is sent to a candidate in accordance with subsection (1) 3: A person who makes a payment in breach of this section is guilty of an illegal practice. 4: This section is subject to sections 205H and 205I 1993 No 87 s 206 (pre-20 December 2007); 2007 No 111 s 82 205H: Procedure if claim disputed 1: If a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205G(1) section 205G(2) a: the claim is to be treated as a disputed claim; and b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. 2: Any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205G(2) 1993 No 87 s 207 (pre-20 December 2007); 2007 No 111 s 83 205I: Leave to pay claim after time limitation 1: On the application of a claimant or a candidate, a District Court may make an order granting leave to the candidate to pay— a: a claim for election expenses sent after the period specified in section 205G(1) b: a claim not paid in the period specified in section 205G(2) c: a disputed claim in respect of which an action was not brought within the period specified in section 205H(1)(b) 2: Any sum paid by the candidate in accordance with an order made under subsection (1) section 205G(2) 1993 No 87 s 208 (pre-20 December 2007); 2007 No 111 s 84 205J: Invoice and receipt required for election expenses of $50 or more Every payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 209 (pre-20 December 2007); 2007 No 111 s 85 205K: Return of candidate's election expenses 1: Within 70 working days after polling day, a candidate must file a return of election expenses with the Chief Electoral Officer. 2: A return under subsection (1) 1993 No 87 s 210(1)(a), (2) (pre-20 December 2007); 2007 No 111 s 86 205L: Nil return If a candidate considers that there is no relevant information to disclose under section 205K 2007 No 111 s 87 205M: Return may be filed after time limitation if candidate outside New Zealand 1: This section applies to a candidate who is outside New Zealand on the day on which the declaration required by section 179(2) is made. 2: The candidate must file a return of election expenses with the Chief Electoral Officer within 15 working days after the date he or she returns to New Zealand. 3: A return filed by the candidate in accordance with subsection (2) section 205K(1) 1993 No 87 s 210(3) (pre-20 December 2007) 205N: Offences relating to return of candidate's election expenses 1: A candidate who fails to comply with section 205K a: a fine not exceeding $40,000; and b: if he or she has been elected, a further fine not exceeding $400 for every day that he or she sits or votes in the House of Representatives until the return is filed. 2: A candidate who files a return under section 205K a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice 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 that the information was accurate. 3: A person charged with an offence against subsection (2)(a) subsection (2)(b) 1993 No 87 s 210(4)–(6) (pre-20 December 2007); 2007 No 111 s 88 205O: Obligation to retain records necessary to verify return of candidate's election expenses 1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205K 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 89 205P: Duty of Chief Electoral Officer If the Chief Electoral Officer believes that any person has committed an offence specified in this subpart, the Chief Electoral Officer must report the facts on which that belief is based to the New Zealand Police. 1993 No 87 s 210(8) (pre-20 December 2007); 2007 No 111 s 90 205Q: Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission As soon as practicable after receiving a return filed under section 205K 1993 No 87 s 211(3)(a)(ii) (pre-20 December 2007); 2007 No 111 s 91 205R: Return of candidate's election expenses to be publicly available 1: The Chief Electoral Officer may publish, in any manner that the Chief Electoral Officer considers appropriate, every return filed under section 205K 2: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return received from the Chief Electoral Officer under section 205Q 3: During the public inspection period, the Chief Electoral Officer must make available for public inspection a copy of every return filed under section 205K 4: The Chief Electoral Officer may make inspection under subsection (3) 1993 No 87 s 211(2), (3)(b) (pre-20 December 2007); 2007 No 111 s 92 205S: Unlawful use of public money not validated Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 213(5) (pre-20 December 2007) 2: Parties' election expenses 206: Meaning of election activity In this subpart, unless the context otherwise requires, election activity a: that is carried out by the party or with the party's authority; and b: 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; and c: that— i: encourages or persuades or appears to encourage or persuade voters to vote for the party; or ii: encourages or persuades or appears to encourage or persuade voters not to vote for a party or for a candidate; or iii: both; and d: that takes place, or is deemed by section 206C 1993 No 87 s 214B(1) (pre-20 December 2007); 2007 No 111 s 93 206A: Meaning of election expenses In this subpart, unless the context otherwise requires, election expenses a: means expenses that are incurred by or on behalf of a party in respect of any election activity; and b: includes— i: expenses that are incurred by or on behalf of the party, before or after the 3 months immediately preceding polling day, in respect of any election activity; and ii: the reasonable market value of any materials applied in respect of any election activity that are given to the party or that are provided to the party free of charge or below reasonable market value; and iii: the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the party; but c: does not include the cost of any of the following: i: travel: ii: the conduct of any survey or public opinion poll: iii: the labour of any person that is provided to the party free of charge by that person: iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than a person acting on behalf of the party) or by the occurrence of an event beyond the control of any person acting on behalf of the party: v: the election expenses of any of the party's candidates: vi: allocations of time and money made to the party by the body responsible for such allocations under the Broadcasting Act 1989. 2003 No 87 s 214B(1) (pre-20 December 2007); 2007 No 111 s 94 206B: Maximum amounts of party's election expenses 1: If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of the party must not exceed $1 million plus $20,000 for each constituency contested by a candidate for that party (inclusive of goods and services tax). 2: If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of the party must not exceed $20,000 for each constituency contested by a candidate for that party (inclusive of goods and services tax). 1993 No 87 s 214B(2) (pre-20 December 2007); 2007 No 111 s 98 206C: Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day 1: This section applies if an election activity as described in paragraphs (a) to (c) section 206 2: If this section applies,— a: the election activity is deemed to have taken place within the 3 months immediately preceding polling day; but b: the election expenses must be apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in the 3 months immediately preceding polling day. 3: Only the fair proportion of the expenses determined in accordance with subsection (2) 1993 No 87 s 214B(4) (pre-20 December 2007); 2007 No 111 s 99 206D: Offence to pay election expenses in excess of prescribed maximum 1: This section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206B 2: The person is guilty of— a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 1993 No 87 s 214B(3) (pre-20 December 2007); 2007 No 111 s 101 206E: Periods for claiming and paying party's election expenses 1: A claim for any election expenses against a party is recoverable only if it is sent to the party secretary within 20 working days after the day on which the declaration required by section 193(5) is made. 2: A claim that is sent to the party secretary in accordance with subsection (1) 3: A person who makes a payment in breach of this section is guilty of an illegal practice. 4: This section is subject to sections 206F and 206G 1993 No 87 s 214BA (pre-20 December 2007); 2007 No 111 s 102 206F: Procedure if claim disputed 1: If a party, in the case of a claim for any election expenses sent to the party secretary within the period specified in section 206E(1) section 206E(2) a: the claim is to be treated as a disputed claim; and b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. 2: Any sum paid by the party in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206E(2) 1993 No 87 s 214BB (pre-20 December 2007); 2007 No 111 s 103 206G: Leave to pay claim after time limitation 1: On the application of a claimant or a party, a District Court may make an order granting leave to a party to pay— a: a claim for election expenses sent after the period specified in section 206E(1) b: a claim not paid in the period specified in section 206E(2) c: a disputed claim in respect of which an action was not brought within the period specified in section 206F(1)(b) 2: Any sum paid by the party in accordance with an order made under subsection (1) section 206E(2) 1993 No 87 s 214BC (pre-20 December 2007); 2007 No 111 s 104 206H: Invoice and receipt required for election expenses of $100 or more Every payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 214BD (pre-20 December 2007); 2007 No 111 s 105 206I: Return of party's election expenses 1: Within 50 working days after the day on which the declaration required by section 193(5) is made, a party secretary must file a return of the party's election expenses with the Electoral Commission. 2: The return must be— a: in the form required by the Electoral Commission; and b: accompanied by an auditor's report obtained under section 206L 1993 No 87 s 214C(1) (pre-20 December 2007); 2007 No 111 s 106 206J: Appointment of auditor for party 1: A party must appoint an auditor. 2: On the registration of a party under section 67, the person named in the party's application under section 63(2)(c)(v) as the person who is to be appointed as the party's auditor is to be taken to have been appointed under subsection (1) 3: A party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) subsection (2) a: does not, for any reason, commence to hold office; or b: ceases to hold office; or c: becomes ineligible to hold office. 4: If at any time a party appoints a new auditor under subsection (3) a: notify the Electoral Commission; and b: send to the Electoral Commission— i: the name, address, and contact details of the new auditor; and ii: the new auditor's signed consent to the appointment. 1993 No 87 s 214D (pre-20 December 2007); 2007 No 111 s 10 206K: Persons eligible to be appointed as auditor A person is eligible to be appointed as an auditor under section 206J a: a constituency candidate; or b: a list candidate; or c: an employee or partner of a person referred to in paragraph (a) or (b) d: an officer or employee of a party; or e: a body corporate; or f: a person who, by virtue of section 199(1) of the Companies Act 1993, may not be appointed or act as an auditor of a company; or g: a Returning Officer. 1993 No 87 s 214D(2) (pre-20 December 2007); 2007 No 111 s 12 206L: Auditor's report on return of party's election expenses 1: A party secretary must, before the Electoral Commission receives the return required by section 206I section 206J 2: The auditor must state in the report— a: the position shown by the return in respect of the requirement that the party’s total election expenses not exceed the maximum amount prescribed by section 206B b: either— i: whether, in the auditor’s opinion, the position stated under paragraph (a) ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties; or b: proper records of the party’s election expenses have not, in the auditor’s opinion, been kept by the party secretary. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the party’s election expenses and that are held by the party or the party secretary; and b: may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 1993 No 87 s 214E (pre-20 December 2007); 2007 No 111 s 107 206M: Nil return If a party secretary considers that there is no relevant information to disclose under section 206I 1993 No 87 s 214K (pre-20 December 2007); 2007 No 111 s 108 206N: Offences relating to return of party's election expenses 1: A party secretary who fails, without reasonable excuse, to comply with section 206I 2: A party secretary who files a return under section 206I a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the party secretary 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 that the information in the return was accurate. 3: A person charged with an offence against subsection (2)(a) subsection (2)(b) 1993 No 87 s 214C(2)–(4) (pre-20 December 2007); 2007 No 111 s 109 206O: Obligation to retain records necessary to verify return of party's election expenses 1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206I 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 110 206P: Duty of Electoral Commission If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 1993 No 87 s 214C(6) (pre-20 December 2007); 2007 No 111 s 111 206Q: Return of party's election expenses to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return and every accompanying auditor's report filed under section 206I 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1) 3: The Electoral Commission may make inspection under subsection (2) 1993 No 87 s 214J (pre-20 December 2007); 2007 No 111 s 112 206R: Unlawful use of public money not validated Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 214B(5) (pre-20 December 2007) 3: General provisions relating to donations 207: Interpretation 1: In this subpart, unless the context otherwise requires, donation a: a candidate donation; or b: a party donation. 2: In this subpart and subparts 4 to 6 anonymous a: in relation to a candidate donation, means a donation that is made in such a way that the candidate who receives the donation— i: does not know the identity of the donor; and ii: could not, in the circumstances, reasonably be expected to know the identity of the donor: b: in relation to a party donation, means a donation that is made in such a way that the party secretary who receives the donation— i: does not know the identity of the donor; and ii: could not, in the circumstances, reasonably be expected to know the identity of the donor candidate 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 arrangement at a value less than their reasonable market value, the latter being a value that exceeds $200, 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 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 iii: where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but b: excludes the labour of any person that is provided to a candidate free of charge by that person 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 one or more intermediaries, trustees, or nominees); and b: would have been a donation if it had been given directly to the candidate or party; and c: was given in the knowledge or expectation (whether by reference to a trust, agreement, or 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 party donation a: includes,— i: where goods or services are provided to a party, or to any person on the party's behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $1,000, 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 party under a contract or 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 iii: where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but b: excludes— i: the labour of any person that is provided to a party free of charge by that person; and ii: any candidate donation that is included in a return made by a candidate under section 209 receive a: the donor directly; or b: the donor indirectly, via a transmitter transmitter 3: For the purposes of sections 207B, 207C, 207E, 207G, 207I, and 210C a: donation section 208 b: party donation section 208 2007 No 111 s 21 207A: Donations and contributions include GST All references to an 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 service donated or contributed. 2007 No 111 s 22 207B: Donations to be transmitted to candidate or party secretary 1: Every person to whom a candidate donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 2: Every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the party secretary. 2007 No 111 s 23 207C: Contributors to be identified 1: This section applies to a donation that is funded from contributions. 2: If this section applies to a donation, the donor must, at the time of making the donation,— a: disclose the fact that the donation is funded from contributions; and b: if 1 or more contributions are each in sum or value $1,000 or less, disclose the total amount of those contributions; and c: if 1 or more contributions are each in sum or value more than $1,000, disclose the following information about those contributions: i: the total amount of those contributions; and ii: the information described in subsection (3) 3: The information that must be disclosed about contributions under subsection (2)(c)(ii) a: the name and address of each contributor and whether each contributor is an overseas person within the meaning of section 207K b: the amount of each contributor's contribution. 4: 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) 5: A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) 6: For the purposes of sections 209 and 210 subsection (4) subsection (5) 2007 No 111 s 24 207D: Offence relating to contravention of section 207C A donor who fails to comply with section 207C 2007 No 111 s 25 207E: Identity of donor to be disclosed by transmitter, if known 1: When a transmitter transmits a donation to a candidate or party secretary on behalf of the donor, the transmitter must disclose to the candidate or party secretary— 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 207C subsections (2) and (3) 2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1)(b) 2007 No 111 s 26 207F: Offence relating to contravention of section 207E A transmitter who fails to comply with section 207E 2007 No 111 s 27 207G: Disclosure of identity of donor 1: 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 candidate donation exceeding $1,000, the person must disclose the identity of the donor to the candidate. 2: If a candidate, list candidate, or any person involved in the administration of the affairs of a party knows the identity of the donor of an anonymous party donation exceeding $1,000, the candidate, list candidate, or person must disclose the identity of the donor to the party secretary. 2007 No 111 s 28 207H: Offence relating to contravention of section 207G A person who fails to comply with section 207G 2007 No 111 s 29 207I: Anonymous donation may not exceed $1,000 1: If an anonymous candidate donation exceeding $1,000 is received by a candidate, the candidate must, within 20 working days of receipt of the donation, pay to the Chief Electoral Officer the amount of the donation, or its value, less $1,000. 2: If an anonymous party donation exceeding $1,000 is received by a party secretary, the party secretary must, within 20 working days of receipt of the donation, pay to the Electoral Commission the amount of the donation, or its value, less $1,000. 3: All amounts received by the Chief Electoral Officer and the Electoral Commission under this section must be paid into a Crown Bank Account. 2007 No 111 s 30 207J: Offence relating to contravention of section 207I 1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207I(1) or (2) a: a corrupt practice if the circumvention is wilful; or b: an illegal practice in any other case. 2: A candidate or party secretary who contravenes section 207I 2007 No 111 s 31 207K: Overseas donation may not exceed $1,000 1: For the purposes of this section, overseas person a: an individual who— i: resides outside New Zealand; and ii: is not a New Zealand citizen or registered as an elector; or b: a body corporate incorporated outside New Zealand; or c: an unincorporated body that has its head office or principal place of business outside New Zealand. 2: If a donation exceeding $1,000 is received from an overseas person by a candidate or party secretary, the candidate or party secretary must, within 20 working days of receipt of the donation,— a: return to the overseas person the amount of the donation, or its value, less $1,000; or b: if this is not possible, pay the amount of the donation, or its value, less $1,000— i: to the Chief Electoral Officer, in the case of a candidate donation; or ii: to the Electoral Commission, in the case of a party donation. 3: If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1) section 207C a: give back to the donor the amount of the donation, or its value; or b: if this is not possible, pay the amount of the donation, or its value,— i: to the Chief Electoral Officer, in the case of a candidate donation; or ii: to the Electoral Commission, in the case of a party donation. 4: All amounts received by the Chief Electoral Officer and the Electoral Commission under subsection (2) or (3) 2007 No 111 s 32 207L: Offence relating to contravention of section 207K 1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207K(2) or (3) a: a corrupt practice if the circumvention is wilful; or b: an illegal practice in any other case. 2: A candidate or party secretary who contravenes section 207K(2) or (3) 2007 No 111 s 33 207M: Records of candidate donations 1: A candidate must keep proper records of all candidate donations received by him or her. 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 34 207N: Records of party donations 1: A party secretary must keep proper records of all party donations received by him or her. 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 34 207O: Duty of Chief Electoral Officer in relation to donations If the Chief Electoral Officer believes that any person has committed an offence against this subpart in relation to candidate donations or subpart 5 2007 No 111 s 35 207P: Duty of Electoral Commission in relation to donations If the Electoral Commission believes that any person has committed an offence against this subpart in relation to party donations or subpart 4 or 6 2007 No 111 s 36 4: Donations protected from disclosure 208: Interpretation In this subpart, unless the context otherwise requires,— authorised person section 208F(3) donation protected from disclosure section 208A(2) section 208A(3) 2007 No 111 s 37 208A: Method of making donation protected from disclosure 1: This section applies to any person who intends to make a donation in excess of $1,000 to a party while preventing the disclosure of the person's identity to— a: the party concerned; and b: the public generally. 2: A person to whom this section applies may send a donation in excess of $1,000 by way of a cheque, cash, or a bank draft to the Electoral Commission. 3: A donation under subsection (2) a: the name of the party that is to receive the donation; and b: the full name and address of the donor; and c: if the donation made by the donor includes or comprises contributions from others, the name and address of every person who has contributed in excess of $1,000. 4: The Electoral Commission may request the donor to provide any further information the Commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable. 2007 No 111 s 38 208B: Limit on maximum amount of donations protected from disclosure 1: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2) section 206B(1) 2: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2) subsection (1) 3: For the purposes of this section,— a: a specified period i: the period beginning on 9 November 2008 and ending with the close of the day before polling day for the next general election after that date; and ii: any subsequent period between polling day for one general election and polling day for the following general election: b: to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name. 2007 No 111 s 39 208C: Duty of Electoral Commission to provide advice on actual figures under section 208B The Electoral Commission— a: must, as soon as practicable after the commencement of this Act, publish on its Internet site, and by any other means the Commission considers appropriate, guidance specifying the relevant figures that constitute the maximum amounts referred to in section 208B(1) and (2) b: may alter that guidance from time to time to reflect any changes in the relevant figures. 2007 No 111 s 40 208D: Duties of Electoral Commission on receipt of donation 1: The Electoral Commission, on receiving a donation under section 208A(2) a: the requirements of section 208A(3) or (4) b: payment of the donation would contravene a maximum amount referred to in section 208B 2: If subsection (1)(a) a: if the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor: b: in any other case, pay the donation into a Crown Bank Account. 3: If subsection (1)(b) a: if the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208B b: in any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208B 2007 No 111 s 41 208E: Timing of payment to parties 1: The Electoral Commission must pay all outstanding amounts due to a party under section 208D(1) a: weekly, during the period between writ day and the return of the writ, at any general election: b: monthly, at any other time. 2: If any interest is earned on a donation received under section 208A(2) a: any sum paid by the Electoral Commission to the secretary of that party; or b: any sum returned by the Electoral Commission to the donor; or c: any sum paid by the Electoral Commission into a Crown Bank Account. 2007 No 111 s 42 208F: Offence of prohibited disclosure 1: No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208A(2) a: any party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or b: any other person (other than an authorised person). 2: Every person who contravenes subsection (1) 3: In this section, authorised person a: a member or employee or other person engaged by the Electoral Commission: b: a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor: c: any other person to whom the identifying details must be supplied to enable the donation to be made (for example, an employee of a bank who processes a cheque by which the donation is made): d: any person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994): e: the Auditor-General: f: any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings. 4: Except as provided in this section, if there is any inconsistency between subsection (1) subsection (1) 2007 No 111 s 43 208G: Duty of Electoral Commission to report 1: The Electoral Commission must, in the manner required by subsection (2) a: the total amounts received in donations under section 208A(2) b: the amounts paid to a party secretary under section 208D(1) c: the amount returned to donors under section 208D(2)(a) or (3)(a) d: the amount paid into a Crown Bank Account under section 208D(2)(b) or (3)(b) 2: The Electoral Commission must report on the matters set out in subsection (1) a: in each annual report, in relation to the financial year to which the report relates; and b: quarterly, by publication on the Commission's Internet site and by any other means the Commission considers appropriate, in respect of the preceding 3-month period. 2007 No 111 s 44 5: Disclosure of candidates' donations 209: Return of candidate donations 1: A candidate must, at the same time as filing a return of election expenses under section 205K a: the details specified in subsection (2) paragraphs (c) and (d) b: whether section 207C subsection (3) section 207C c: the details specified in subsection (4) d: the details specified in subsection (5) 2: The details referred to in subsection (1)(a) a: the name of the donor; and b: the address of the donor; and c: the amount of the donation; and d: the date the donation was received. 3: The details referred to in subsection (1)(b) a: the name of the contributor; and b: the address of the contributor; and c: the amount of each contribution made by the contributor; and d: the date on which each related donation funded from contributions was made. 4: The details referred to in subsection (1)(c) a: the date the donation was received; and b: the amount of the donation; and c: the amount paid to the Chief Electoral Officer under section 207I(1) 5: The details referred to in subsection (1)(d) a: the date the donation or contribution was received; and b: the amount of the donation or contribution; and c: the amount paid to the overseas person or to the Chief Electoral Officer under section 207K(2) or (3) 6: Every return filed under subsection (1) 2007 No 111 s 45 209A: Nil return If a candidate considers that there is no relevant information to disclose under section 209 2007 No 111 s 46 209B: Offences relating to return of candidate donations 1: A candidate who fails, without reasonable excuse, to comply with section 209 a: a fine not exceeding $40,000; and b: if he or she has been elected, a further fine not exceeding $400 for every day that he or she sits or votes in the House of Representatives until the return is filed. 2: A candidate who files a return under section 209 a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice 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 that the information in the return was accurate. 2007 No 111 s 48 209C: Obligation to retain records necessary to verify return of candidate donations 1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 47 209D: Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission As soon as practicable after receiving a return filed under section 209 2007 No 111 s 49 209E: Return of candidate donations to be publicly available 1: The Chief Electoral Officer may publish, in any manner that the Chief Electoral Officer considers appropriate, every return filed under section 209 2: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return received from the Chief Electoral Officer under section 209D 3: During the public inspection period, the Chief Electoral Officer must make available for public inspection a copy of every return filed under section 209 4: The Chief Electoral Officer may make inspection under subsection (3) 2007 No 111 s 50 6: Disclosure of parties' donations 210: Annual return of party donations 1: A party secretary must file with the Electoral Commission, by 30 April in each year, a return of the party donations setting out, for the year ending with the immediately preceding 31 December,— a: the details specified in subsection (2) paragraphs (c) to (e) b: whether section 207C subsection (3) section 207C c: the details specified in subsection (4) d: the details specified in subsection (5) e: the details specified in subsection (6) section 208D 2: The details referred to in subsection (1)(a) a: the name of the donor; and b: the address of the donor; and c: the amount of the donation; and d: the date the donation was received. 3: The details referred to in subsection (1)(b) a: the name of the contributor; and b: the address of the contributor; and c: the amount of each contribution made by the contributor; and d: the date on which each related donation funded from contributions was made. 4: The details referred to in subsection (1)(c) a: the date the donation was received; and b: the amount of the donation; and c: the amount paid to the Electoral Commission under section 207I(2) 5: The details referred to in subsection (1)(d) a: the date the donation or contribution was received; and b: the amount of the donation or contribution; and c: the amount paid to the overseas person or to the Electoral Commission under section 207K(2) or (3) 6: The details referred to in subsection (1)(e) a: the date the payment was received; and b: the amount of the payment; and c: the amount of interest included in the payment. 7: Every return filed under subsection (1) a: in the form required by the Electoral Commission; and b: accompanied by an auditor's report obtained under section 210A 8: Despite anything in subsection (1) 2007 No 111 s 51 210A: Auditor's report on annual return of party donations 1: A party secretary must, before the Electoral Commission receives the return required by section 210 section 206J 2: The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the party donations received by the party secretary. 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the return does not, in the auditor's opinion, fairly reflect the party donations received by the party secretary: b: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties: c: proper records of party donations have not, in the auditor's opinion, been kept by the party secretary. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the party donations and that are held by the party or the party secretary; and b: may require the party secretary to provide any information and explanations that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. 2007 No 111 s 52 210B: Nil return If a party secretary considers that there is no relevant information to disclose under section 210 2007 No 111 s 53 210C: Return of party donation received from same donor exceeding $20,000 1: A party secretary must file with the Electoral Commission a return in respect of every party donation that exceeds $20,000. 2: A party secretary must file with the Electoral Commission a return in respect of every party donation that— a: the party secretary knows is from a donor who in the 12 months immediately preceding the date of receipt of the donation (the last 12 months b: when aggregated with all previous donations received from the donor in the last 12 months exceeds $20,000. 3: If a return is made under subsection (2) 4: A return filed under subsection (1) a: the name of the donor (if known); and b: the address of the donor (if known); and c: the amount of the donation; and d: the date the donation was received. 5: A return filed under subsection (2) a: the name of the donor; and b: the address of the donor; and c: the amount of the donation; and d: the amounts of all previous donations; and e: the date the donation was received; and f: the dates all previous donations were received. 6: A return must be filed under subsection (1) or (2) 2007 No 111 s 54 210D: Offences relating to return of party donations 1: A party secretary who fails, without reasonable excuse, to comply with section 210 or 210C 2: A party secretary who files a return under section 210 or 210C a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the party secretary 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 that the information in the return was accurate. 2007 No 111 s 56 210E: Obligation to retain records necessary to verify return of party donations 1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable returns under sections 210 and 210C 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 55 210F: Return of party donations to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports: a: a return filed under section 210 b: a report obtained under section 210A paragraph (a) c: a return filed under section 210C 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1) 3: The Electoral Commission may make inspection under subsection (2) 2007 No 111 s 57 . 7: New section 219 inserted The following section is inserted above section 220 219: Payments for exhibition of election notices 1: No payment or contract for payment may be made to any elector on account of the exhibition of, or the use of any house, land, building, or premises for the exhibition of, any address, poster, or notice that promotes or procures the election of a candidate or candidates at an election. 2: Subsection (1) 3: If any payment or contract for payment is knowingly made in contravention of this section before, during, or after an election, the person making the payment or contract and, if he or she knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract is guilty of an illegal practice. 1993 No 87 s 219 . 8: New section 221 inserted The following section is inserted after section 220 221: Advertisements for candidates and political parties 1: Subject to subsections (2) and (3) a: is used or appears to be used to promote or procure the election of a constituency candidate; or b: encourages or persuades or appears to encourage or persuade voters to vote for a party registered under Part 4. 2: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1)(a) 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 one candidate, the candidates or the party to which they belong; and b: the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business. 3: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1)(b) a: the publication of that advertisement is authorised in writing by the party secretary or his or her delegate; and b: the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business. 4: Subject to subsections (2) and (3) subsection (1) 5: A candidate or the party secretary or his or her delegate will not be liable for an illegal practice under this section committed by an agent without the consent or connivance of the candidate or of the party secretary or his or her delegate, as the case may be. 6: Nothing in this section restricts the publication of any news or comments relating to an election in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2(1) of the Broadcasting Act 1989. 1993 No 87 s 221 (pre-20 December 2007) . 9: New section 221B inserted The following section is inserted after section 221A 221B: Display of advertisement of a specified kind 1: During the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to— a: any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or b: any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind. 2: In this section, advertisement of a specified kind a: encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or b: is used, or appears to be used, to promote or procure the election of a candidate; but c: does not include— i: an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or ii: an advertisement broadcast by any television station or by any electronic means of communication. 3: Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority. 1993 No 87 s 221B (pre-20 December 2007) . 10: New section 224 substituted Section 224 224: Punishment for corrupt or illegal practice 1: Every person who is guilty of any corrupt practice is liable on conviction on indictment to either or both of the following: a: a term of imprisonment not exceeding 2 years: b: a fine not exceeding— i: $100,000 in the case of a person who is a constituency candidate or a party secretary and who is convicted of any corrupt practice under Part 6A ii: $40,000 in any other case. 2: Every person who is guilty of any illegal practice is liable on conviction on indictment to a fine not exceeding— a: $40,000 in the case of a person who is a constituency candidate or a party secretary and who is convicted of any illegal practice under Part 6A b: $10,000 in any other case. 3: Subsection (1) a: section 201; or b: section 43 of the Citizens Initiated Referenda Act 1993. 1993 No 87 s 224 (pre-20 December 2007); 2007 No 111 ss 141, 142 . 11: New section 226 substituted Section 226 226: Time limit for prosecutions 1: A prosecution under any of the following provisions must be commenced within 6 months of the date on which the return was required to be filed: a: section 205N(1) b: section 206N(1) c: section 209B(1) d: section 210D(1) 2: A prosecution against any person for a corrupt practice or an illegal practice must be commenced— 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 corrupt practice or illegal practice was committed. 1993 No 87 s 226 (pre-20 December 2007); 2007 No 111 s 140 . 12: Section 226A repealed Section 226A 13: New sections 267A and 267B inserted The following sections are inserted after section 267 267A: Regulations relating to advertisement of a specified kind 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating— a: all or any of the following matters in relation to an advertisement of a specified kind: i: design: ii: layout: iii: shape: iv: colour: b: the procedures to be followed by any person before displaying an advertisement of a specified kind. 2: Regulations made under subsection (1)(a) a: may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and b: apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day. 3: Regulations made under subsection (1) a: impose different requirements for an advertisement of a specified kind depending on how it is published: b: override or modify any other enactment and any bylaw or other instrument. 4: In this section, advertisement of a specified kind section 221B(2) 5: This section is subject to section 267B 1993 No 87 s 267A (pre-20 December 2007) 267B: Requirements before Minister can recommend that regulations be made 1: The Minister may not recommend the making of any regulations under section 267A(1)(a) a: the Minister has consulted with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998; and b: the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and c: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and d: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament. 2: The Minister may not recommend the making of any regulations under section 267A(1)(b) a: the Minister has consulted with the Minister of Local Government; and b: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and c: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament. 1993 No 87 s 267B (pre-20 December 2007) . 14: Other amendments to principal Act The principal Act is amended in the manner indicated in Schedule 1 2: Repeal, consequential amendments, and transitional and savings provisions 1: Repeal and consequential amendments 15: Repeal of Electoral Finance Act 2007 The Electoral Finance Act 2007 2009-03-01 Electoral Finance Act 2007 16: Consequential amendments to other enactments The enactments listed in Schedule 2 2009-03-01 Citizens Initiated Referenda Act 1993 Summary Proceedings Act 1957 2: Transitional and savings provisions 17: Continuation of obligations and rights arising from election expenses in respect of 2008 general election 1: This section applies where, in respect of the 2008 general election, a person would, but for the repeal of the Electoral Finance Act 2007 section 15 a: be subject to a duty, liability, or restriction under any of the following provisions of the Electoral Finance Act 2007 i: sections 82 85 to 92 ii: sections 102 105 to 112 iii: sections 123 126 to 133 b: be entitled to seek relief under sections 83 84 103 104 124 125 c: be entitled to inspect a copy of a return under sections 92 112 133 2: The duty, liability, restriction, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007 3: This section has effect despite section 15 18: Continuation of obligations and rights arising under the Electoral Finance Act 2007 in respect of donations 1: This section applies where, in respect of a candidate donation, party donation, or third party donation made before the commencement of this Act, a person would, but for the repeal of the Electoral Finance Act 2007 section 15 a: be subject to a duty or liability under any of the following provisions of the Electoral Finance Act 2007 i: sections 23 to 36 ii: sections 38 to 44 iii: sections 45 to 50 iv: sections 51 to 57 v: sections 58 to 62 b: be entitled to have a donation returned under either of the following provisions of the Electoral Finance Act 2007 i: section 32 ii: section 41 c: be entitled to inspect a copy of a return under sections 50 57 62 2: The duty, liability, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007 3: This section has effect despite section 15 19: Annual return of party donations for year ending 31 December 2008 1: A party secretary is not required by section 210 2: Subsection (1) section 51 section 18 20: Annual return of party donations for year ending 31 December 2009 1: A return of party donations filed by a party secretary under section 210 a: was received by the party financial agent during the period beginning on 1 January 2009 and ending on 28 February 2009; and b: would otherwise have been required to be included in a return under section 51 section 18 2: Despite section 18 section 51 3: In this section, party financial agent section 7 21: Transitional provision relating to section 210C of principal Act Until 1 March 2010, section 210C(3) subsection (2) subsection (2) section 54(2) 22: Saving of section 19 of Interpretation Act 1999 Sections 17 18 section 19 Electoral Finance Act 2007 23: Transitional regulations Section 23 repealed 2 March 2011 section 24 24: Expiry of section 23 Section 23 2011-03-02 Section 23

DLM2470702

2009

Privacy Amendment Act 2009

1: Title This Act is the Privacy Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Principal Act amended This Act amends the Privacy Act 1993 2009-12-01 Privacy Act 1993 4: Schedule 5 amended Schedule 5 is amended in the manner set out in the Schedule of this Act.

DLM2155100

2009

Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009

1: Title This Act is the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Climate Change Response Act 2002 2009-07-01 Climate Change Response Act 2002 1: Forestry sector amendments 4: Other regulations Section 168(1) ca: prescribing a date by which an application to the chief executive must be submitted under section 183, which must be no later than 1 July 2010; and . 5: Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land 1: Section 183(3) subsection (1) subsection (2) 2: Section 183(3) a: be submitted to the chief executive by— i: the date prescribed by regulations made under section 168(1)(ca) ii: in the absence of a date prescribed by regulations made under section 168(1)(ca) . 3: Section 183(5) in that subsection in the public notice given under subsection (3)(a)(ii) section 168(1)(ca) 6: First emissions return for pre-1990 forest land activities 1: Section 196(1) in the period commencing on 1 January 2008 and ending on 31 December 2009 Schedule 3 2: Section 196(2) Section 65 applies Section 65(2) and (3) apply 3: Section 196 2A: A participant referred to in subsection (1) must, by 30 April 2011 but not before 1 January 2011, surrender the number of units listed in the participant’s assessment in the emissions return submitted under subsection (1)(b) in relation to the activity. 4: Section 196(3) required to be submitted under section 65 5: Section 196(5) carried out in 2008, the person who carried out the activity has until 31 January 2009 carried out in 2008 or 2009, the person who carried out the activity has until 31 January 2010 6: Section 196 7: Despite section 129(1)(b)(i), a person who carried out, before the commencement of this subsection, an activity listed in Part 1 of Schedule 3 for the period commencing with 1 January 2008 and ending with the close of 31 December 2009 is not liable under section 129(1)(b)(i) if the person notifies the chief executive of that activity on or before 31 January 2010. 7: New section 196A inserted The following section is inserted after section 196 196A: Power to withdraw or suspend certain draft allocation plans 1: This section applies to any draft allocation plan publicly notified under section 78(3) before the commencement of this section. 2: If this section applies, the Minister may, by public notice, withdraw or suspend the draft allocation plan. 3: If the Minister suspends a draft allocation plan, the public notice must specify the period of suspension. 4: However, the Minister may, by subsequent public notice, end the suspension before the period of suspension expires. 5: When, or as soon as is reasonably practicable after, the suspension ends or expires, the Minister must renotify the draft allocation plan in accordance with section 78(3) and (4). 6: When a suspension ends or expires, the report required under section 78(5) must contain recommendations in respect of any submissions made under section 78(4) on the draft allocation plan before or after its suspension. 7: If the Minister withdraws a draft allocation plan, a new draft allocation plan must be prepared under section 78. 8: The Minister must ensure that a public notice given under subsection (2) or (4) 2: Miscellaneous technical amendments 8: Allocation to agriculture Section 76(1) powers this section and section 78(2) powers 9: Draft allocation plans Section 78(3)(b) the Act this Act 10: Incorporation by reference in regulations made under section 163 The heading to section 169 section 163 section 163, 164, 165, 167, or 168 11: Amendments to Summary Proceedings Act 1957 1: This section amends the Summary Proceedings Act 1957 2: The item relating to the Climate Change Response Act 2002 in Part 2 a: omitting 120 133 b: omitting offence offences 2009-07-01 Summary Proceedings Act 1957

DLM2303200

2009

Imprest Supply (Second for 2009/10) Act 2009

1: Title This Act is the Imprest Supply (Second for 2009/10) Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Purposes The purposes of this Act are— a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the financial year ending with 30 June 2010 in advance of appropriation by way of an Appropriation Act; and b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2009/10 Estimates) Act 2009 4: Interpretation 1: In this Act, unless the context otherwise requires,— 2009/10 year department section 2(1) expenses section 2(1) 2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1) 5: Authority to incur expenses 1: Expenses may, during the 2009/10 year, be incurred in advance of appropriation in relation to any Vote. 2: Expenses incurred under subsection (1) during the 2009/10 year must not exceed in the aggregate the sum of $6,700 million. 6: Authority to incur capital expenditure 1: Capital expenditure may, during the 2009/10 year, be incurred in advance of appropriation in relation to any Vote. 2: Capital expenditure incurred under subsection (1) during the 2009/10 year must not exceed in the aggregate the sum of $2,700 million. 7: Appropriation required 1: All expenses incurred under section 5(1) section 6(1) 2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2009/10 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1) 8: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989 1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1) 2: However, subsection (1) does not apply to expenses or capital expenditure for which no appropriation is made in accordance with section 7(1) 9: Authority to exceed net assets confirmed in Appropriation Act 1: In this section,— excess amount projected balance column 9 of Schedule 5 2: The amount of net asset holding in a department or an Office of Parliament during the 2009/10 year may exceed the projected balance for that department or Office of Parliament. 3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 5 4: For the purposes of subsections (1) and (2), the amount of net asset holding in a department or an Office of Parliament does not include— a: any operating surplus retained as agreed between the Minister and the Responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 5 b: any remeasurement of a department’s or an Office of Parliament’s reported net asset holding as set out in section 22(2) of the Public Finance Act 1989 that is not reflected in Schedule 5 of the Appropriation (2009/10 Estimates) Act 2009. 5: Subsections (2) and (3) apply despite section 22(3) 10: Repeal of this Act This Act is repealed on the close of 30 June 2010. 2010-07-01 Imprest Supply (Second for 2009/10) Act 2009

DLM2498702

2009

Securities Amendment Act 2009

1: Title This Act is the Securities Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Securities Act 1978 2009-11-24 Securities Act 1978 4: Interpretation 1: The definition of chattel section 2(1) and emissions units livestock 2: Section 2(1) emissions units a: units as defined in section 4(1) of the Climate Change Response Act 2002; and b: personal property that— i: is created by, or in accordance with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol as— A: one of a fixed number of units issued by reference to a specified amount of greenhouse gas; or B: evidence of a specified amount of reductions, removals, avoidance, storage, sequestration, or any other form of mitigation of greenhouse gas emissions; and ii: can be surrendered, retired, cancelled, or otherwise used to— A: offset greenhouse gas emissions under, or otherwise comply with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol; or B: enable a person who surrenders, retires, cancels, or otherwise uses it to claim an environmental benefit greenhouse gas .

DLM1832117

2009

Insolvency Amendment Act 2009

1: Title This Act is the Insolvency Amendment Act 2009. 2: Commencement 1: Section 10 10 March 2009 2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Insolvency Act 2006 2009-11-17 Insolvency Act 2006 Note that section 10 is deemed to have come into force on 10 March 2009 (see s 2(1)). 1: Amendments to Insolvency Act 2006 Insolvent gifts 4: New sections 204 and 205 substituted Sections 204 205 204: Insolvent gift within 2 years may be cancelled A gift by a bankrupt to another person may be cancelled on the Assignee's initiative if the bankrupt made the gift within 2 years immediately before adjudication. 205: Insolvent gift within 2 to 5 years may be cancelled if bankrupt unable to pay debts 1: A gift by a bankrupt to another person may be cancelled on the Assignee's initiative if— a: the bankrupt made the gift within the period beginning 2 years immediately before adjudication and ending 5 years immediately before adjudication; and b: the bankrupt was unable to pay his or her debts. 2: A bankrupt is presumed to have been unable to pay his or her debts for the purpose of subsection (1)(b) 5: Limits on recovery Section 208 b: a reasonable person in A's position would not have suspected, and A did not have reasonable grounds for suspecting, that,— i: in the case of an insolvent gift, the bankrupt was, or would become, unable to pay his or her debts without the aid of the property that the gift is composed of; or ii: in the case of any other irregular transaction referred to in section 206(1), the bankrupt was, or would become, unable to pay his or her due debts; and . 6: When Assignee may recover difference Section 212(b) No asset procedure 7: Criteria for entry to no asset procedure Section 363(2) , but does include any assets (for example, gifted assets) that might be recoverable by the Assignee if the debtor were adjudicated bankrupt on the date of application for entry to the no asset procedure and if the irregular transaction provisions in subpart 7 of Part 3 applied 8: Effect of termination Section 375 , and the debtor is liable to pay any penalties and interest that may have accrued 9: Discharge 1: Section 377 Time of discharge 2: Section 377 2: However, a debtor is not automatically discharged if the Assignee— a: is satisfied that the 12-month period should be extended for the purpose of properly considering whether the debtor's participation in the no asset procedure should be terminated; and b: sends a written deferral notice to the debtor's last known address before the expiry of the 12-month period. 3: The deferral notice must state an alternative date for automatic discharge, which must be no later than 25 working days after the expiry of the 12-month period. 4: The deferral notice is effective whether or not the debtor receives it. 5: The Assignee must, as soon as practicable, send a written notice of the deferral to each creditor of the debtor known to the Assignee. 6: The debtor is automatically discharged from the no asset procedure on the date stated in the deferral notice. 7: The Assignee may revoke a deferral notice in the same way in which it was sent, in which case, the debtor is automatically discharged from the no asset procedure on— a: the expiry of the 12-month period in subsection (1), if the notice is revoked before that date; or b: in other cases, the date of revocation. 10: New section 377A inserted 1: Section 377 2: The following section is inserted after section 377 377A: Effect of discharge 1: On discharge under section 377, the debtor's debts that became unenforceable on the debtor's entry to the no asset procedure are cancelled, and the debtor is not liable to pay any part of the debts, including any penalties and interest that may have accrued. 2: However, subsection (1) a: any debt or liability incurred by fraud or fraudulent breach of trust to which the debtor was a party: b: any debt or liability for which the debtor has obtained forbearance through fraud to which the debtor was a party. 3: The debts and liabilities referred to in subsection (2) 11: New section 377B inserted The following section is inserted after section 377A 377B: Discharge does not release partners and others A discharge under section 377 does not release any person who, at the date of discharge, was— a: a business partner of the discharged debtor; or b: a co-trustee with the discharged debtor; or c: jointly bound or had made any contract with the discharged debtor; or d: a guarantor or in the nature of a guarantor of the discharged debtor. Public registers 12: Purposes of public registers Section 448(3)(a) and persons discharged from that procedure under section 377 13: General information that must be held in public registers 1: Section 449(1) The public registers must contain the following information in respect of a person ( P The public registers must contain the following information in respect of a person ( P 2: Section 449(1)(b) or has been discharged from the no asset procedure under section 377, is currently admitted to the no asset procedure, 3: Section 449(1) ha: if P is discharged from the no asset procedure under section 377, the date when P was so discharged: . 4: Section 449(3) , and the bankruptcy that was so annulled does not count for the purposes of section 449A 5: Section 449 4A: All information relating to a person who has been admitted to the no asset procedure must be removed from the public register maintained under section 368— a: 4 years after the date of discharge under section 377; or b: as soon as practicable after a termination under section 372(a), (c), or (d). 6: Section 368(1) and persons discharged from that procedure under section 377 14: New section 449A inserted The following section is inserted after section 449 449A: Information kept indefinitely on public register after multiple insolvency events 1: This section applies in the case of a person who— a: is or has been bankrupt on 2 or more occasions; or b: is or has been both bankrupt and discharged from the no asset procedure under section 377. 2: Information about the person must not be removed from the public register under this Act and, in particular, section 449(4), (4A) 3: The Assignee must ensure that the public register contains all of the information required by this Act about the person and each insolvency event. 4: Bankruptcies under the Insolvency Act 1967 count for the purposes of subsections (1) and (3) 15: Search criteria 1: Section 453(2) da: is discharged from the no asset procedure under section 377; or . 2: Section 453(2) ; or h: is subject to section 449A 16: Search purposes 1: Section 454(b) or is currently admitted to the no asset procedure is currently admitted to the no asset procedure, or is discharged from that procedure under section 377 2: Section 454 e: by any person for the purpose of ascertaining whether section 449A 2: Transitional provisions and amendment to Privacy Act 1993 Insolvent gifts 17: Amendments relating to insolvent gifts apply only to bankruptcies commenced after Act comes into force The principal Act sections 4 to 6 Which debts are cancelled on discharge from no asset procedure 18: Amendments relating to cancellation of fraudulent debts under no asset procedure 1: Any debt that is cancelled under section 377(2) section 377A of the principal Act by section 10 section 377A(2) 2: In particular, the debtor is liable to repay any part of the debt, including any penalties and interest that may have accrued during the period when the debt was cancelled. 3: Subsection (2) does not limit subsection (1). 4: Any proceedings for enforcement of the debt may be commenced or continued after the enactment of section 377A as if the debt had never been cancelled. Public registers 19: Amendments relating to 4-year period for public registers apply to all debtors admitted to no asset procedure after Act comes into force The principal Act sections 12 13 15 16 20: Amendments relating to retention of records if multiple insolvency events 1: Section 449A section 14 section 449A(1) 2: As soon as practicable after this section comes into force, the Assignee must ensure that the public register contains all of the information required by the principal Act (as amended by this Act) about any person to whom section 449A 3: To avoid doubt, the requirement in subsection (2) includes a requirement to ensure that the public register contains information about bankruptcies under the Insolvency Act 1967 section 449A Amendment to Privacy Act 1993 21: Schedule 2 of Privacy Act 1993 amended 1: This section amends the Privacy Act 1993 2: The item relating to the Insolvency Act 2006 in Part 1 354, 62, 2009-11-17 Privacy Act 1993

DLM2258100

2009

Crimes (Provocation Repeal) Amendment Act 2009

1: Title This Act is the Crimes (Provocation Repeal) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Crimes Act 1961 2009-12-08 Crimes Act 1961 4: Sections 169 and 170 repealed Sections 169 170 5: Partial defence of provocation abolished The partial defence of provocation in cases of culpable homicide, in so far as it has any effect as a rule or principle of common law in New Zealand, is abolished.

DLM1815400

2009

Crimes Amendment Act 2009

1: Title This Act is the Crimes Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Crimes Act 1961 amended This Act amends the Crimes Act 1961 2009-12-01 Crimes Act 1961 4: Extraterritorial jurisdiction in respect of certain offences with transnational aspects Section 7A(1)(d) with or people 5: Participation in organised criminal group 1: Section 98A 1: Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group— a: knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives b: either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity; and c: either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group. 2: Section 98A(2) that are punishable by imprisonment for a term of 10 years or more 6: Interpretation 1: Paragraph (a) of the definition of specified offence section 312A(1) 10 7 2: The definition of specified offence section 312A(1) b: an offence against section 243(3) (which relates to certain money laundering offences): c: an offence punishable under section 247(b) or (c) (which relate to certain offences in respect of receiving property dishonestly obtained) . 7: Application by Police for warrant to intercept private communications 1: Section 312B(1) 1: An application may be made in accordance with this section to a Judge of the High Court for a warrant for any Police employee to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing— a: either that— i: a person has committed, or is committing, an offence under section 98A(1) ii: a member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and b: it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of the warrant. 2: Section 312B(2) a: the facts relied upon to show that there are reasonable grounds for believing either— i: that a person has committed, or is committing, an offence under section 98A(1) ii: that— A: there is an organised criminal enterprise; and B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and . 3: Section 312B(2)(c) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise 8: Matters on which Judge must be satisfied in respect of applications Section 312C(1) a: there are reasonable grounds for believing either— i: that a person has committed, or is committing, an offence under section 98A(1) ii: that— A: there is an organised criminal enterprise; and B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and . 9: Contents and term of warrant Section 312D(1)(b)(i) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise

DLM1569900

2009

Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

1: Title This Act is the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009. 2: Commencement 1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council. 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 brought into force 19 November 2010 clause 2 Whakarewarewa and Roto-a-Tamaheke Vesting Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 3: Interpretation In this Act, unless the context otherwise requires,— Affiliate Te Arawa Act Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Arikikapakapa section 8 land Schedule 1 Arikikapakapa section 101 land Schedule 1 chief executive closed roads Schedule 1 existing Arikikapakapa lease section 108(9)(b) existing Arikikapakapa section 101 lease Affiliate Te Arawa Act existing Whakarewarewa Thermal Springs lease Affiliate Te Arawa Act joint trust joint trustees MACI Roto-a-Tamaheke Reserve Schedule 1 Southern Arikikapakapa Reserve Schedule 1 Te Pūmautanga trustees trust deed vesting deed Whakarewarewa Thermal Springs Reserve Schedule 1 4: Act binds the Crown This Act binds the Crown. 2: Vesting and related matters Southern Arikikapakapa Reserve 5: Arikikapakapa Reserve 1: The closed roads are declared a reserve and classified as a recreation reserve subject to section 17 2: The following lands are included as part of the recreation reserve known as the Arikikapakapa Reserve in Schedule 2 a: the closed roads: b: the Arikikapakapa section 8 land: c: the Arikikapakapa section 101 land. 3: Subsection (2) has effect despite anything in the Reserves Act 1977 Tourist and Health Resorts Control Act 1908 4: Immediately after the inclusion of those lands in the Arikikapakapa Reserve,— a: the reservation of the Southern Arikikapakapa Reserve as land comprised in a recreation reserve subject to section 17 b: accordingly,— i: the Southern Arikikapakapa Reserve ceases to be part of the Arikikapakapa Reserve; and ii: the Tourist and Health Resorts Control Act 1908 5: Sections 24 25 6: The reference in Schedule 2 6: Vesting of Southern Arikikapakapa Reserve 1: The fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees subject to— a: the provisions of this Act; and b: the encumbrances and other matters listed in respect of the Southern Arikikapakapa Reserve in Schedule 2 2: The vesting is subject to the joint trustees doing the things required by section 13 7: Reservation of Southern Arikikapakapa Reserve 1: The Southern Arikikapakapa Reserve is declared a reserve and classified as a recreation reserve subject to section 17 2: The reserve created by subsection (1) is named the Southern Arikikapakapa Reserve, and section 16(10) 8: Application of Part 4A of Conservation Act 1987 1: The vesting of the Southern Arikikapakapa Reserve under this Part is a disposition of land by the Crown for the purposes of Part 4A 2: However, sections 24 24A 24AA 3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1) a: section 24 b: the requirement in subsection (2A) of that section is to be treated as having been complied with in respect of that land. 9: Application of other enactments 1: Section 11 Part 10 a: the vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part; or b: any matter incidental to, or required for the purpose of, that vesting. 2: The vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part does not— a: limit section 10 11 b: affect other rights to subsurface minerals; or c: limit the rights and obligations of the Crown or of a local authority in respect of geothermal energy (as defined by section 2(1) 10: Modified application of Reserves Act 1977 1: Sections 48A 114 115 2: Sections 78(1)(a) 79 81 88 3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1) section 24 section 25 Other Reserves 11: Vesting of Whakarewarewa Thermal Springs Reserve 1: The fee simple estate in the Whakarewarewa Thermal Springs Reserve vests in the joint trustees subject to— a: the provisions of this Act; and b: the encumbrances and other matters listed in respect of the Whakarewarewa Thermal Springs Reserve in Schedule 2 2: The vesting is subject to the joint trustees doing the things required by section 13 3: The vesting has effect despite anything in the Affiliate Te Arawa Act 4: The vesting does not affect— a: the status of the Whakarewarewa Thermal Springs Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act b: the application of the Reserves Act 1977 Conservation Act 1987 Affiliate Te Arawa Act 12: Vesting of Roto-a-Tamaheke Reserve 1: The fee simple estate in the Roto-a-Tamaheke Reserve vests in the joint trustees subject to— a: the provisions of this Act; and b: the encumbrances and other matters listed in respect of the Roto-a-Tamaheke Reserve in Schedule 2 2: The vesting is subject to the joint trustees doing the things required by section 13 3: The vesting has effect despite anything in the Affiliate Te Arawa Act 4: The vesting does not affect— a: the status of the Roto-a-Tamaheke Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act b: the application of the Reserves Act 1977 Conservation Act 1987 Affiliate Te Arawa Act Leases, etc 13: Documents to be entered into The joint trustees must— a: enter into registrable deeds of surrender in respect of the existing Whakarewarewa Thermal Springs lease, the existing Arikikapakapa lease, and the existing Arikikapakapa section 101 lease; and b: grant a registrable lease to MACI in respect of the Whakarewarewa Thermal Springs Reserve substantially in the form set out in Schedule 5 of the vesting deed; and c: grant a registrable lease to MACI in respect of the Southern Arikikapakapa Reserve substantially in the form set out in Schedule 6 of the vesting deed; and d: grant to the Rotorua District Council a registrable easement, substantially in the form set out in Schedule 9 of the vesting deed, for the right to convey water over the area (comprising the route of the pipeline and the existing pump sheds and associated facilities) indicated on the diagram in Schedule 10 of that deed (the final easement being subject to survey) in order to formalise the use right existing at the date of the vesting deed. 14: Minister's power to execute on behalf of MACI 1: The Minister of Tourism may execute any of the following documents on behalf of MACI as lessee: a: a deed of surrender referred to in section 13(a) b: a lease referred to in section 13(b) or (c) 2: If the Minister does so, the document has effect as if it were properly executed by MACI as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963 15: Enforceability of leases The leases referred to in section 13(b) and (c) a: are enforceable in accordance with their terms despite the provisions of the Reserves Act 1977 Tourist and Health Resorts Control Act 1908 b: are to be treated as having been granted in accordance with those Acts. 16: Receipt and use of annual rent The lessor of the leases referred to in section 13(b) and (c) Reserves Act 1977 Registration 17: Registration: Southern Arikikapakapa Reserve 1: The Registrar-General of Land must, on written application by the chief executive,— a: create a computer freehold register and register the joint trustees as the proprietors of the fee simple estate in the Southern Arikikapakapa Reserve; and b: enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of the Southern Arikikapakapa Reserve and that are described in the application. 2: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register. 3: The computer freehold register must be created as soon as is reasonably practicable, but no later than— a: 24 months after the fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees; or b: any later date that may be agreed in writing by the joint trustees and the Crown. 4: The Registrar-General of Land must make the following notifications on the computer freehold register: a: that the land is subject to Part 4A b: that section 24 c: that the land is subject to section 8(3) d: that the land is subject to section 20 5: A notification made under subsection (4)(a) is to be treated as having been made in compliance with section 24D(1) 6: If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to the whole of the land comprised in the Reserve,— a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notifications made under subsection (4)(b), (c), and (d) from the computer freehold register for the Southern Arikikapakapa Reserve; and b: the Registrar-General must comply with any such application. 7: If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to a part of the land comprised in the Reserve, the Registrar-General of Land must ensure that the notifications made under subsection (4)(b), (c), and (d) remain only on the computer freehold register for the part of the land that remains a reserve. 18: Registration: other Reserves 1: The Registrar-General of Land must, on written application by the chief executive,— a: register the joint trustees as the proprietors of the fee simple estate in— i: the Whakarewarewa Thermal Springs Reserve; and ii: the Roto-a-Tamaheke Reserve; and b: enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of those Reserves and that are described in the applications. 2: The Registrar-General of Land must— a: remove the notifications recording that those Reserves are subject to section 117 b: make a notification recording that they are subject to section 20 3: If the reservation under the Affiliate Te Arawa Act a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notification made under subsection (2)(b) b: the Registrar-General must comply with any such application. 4: If the reservation under the Affiliate Te Arawa Act Administering body 19: Change of administering body The joint trustees are the administering body of the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve for the purposes of the Reserves Act 1977 Subsequent transfer of Reserves 20: Restrictions on transfer 1: This section applies to the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, or the Roto-a-Tamaheke Reserve so long as the land, or any part of the land, comprised in the Reserve remains a reserve under the Reserves Act 1977 2: In relation to such a Reserve, the land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land 3: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law. 4: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners 5: The relevant conditions a: that the new owners are able to comply with the requirements of the Reserves Act 1977 b: that the new owners are able to perform the duties of an administering body under that Act. 6: The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land. 7: The documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: any other document required for registration of the transfer instrument. 8: The new owners, from the time of registration under subsection (6),— a: are the administering body of the reserve land for the purposes of the Reserves Act 1977 b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer. 9: This section does not apply to a transfer of the fee simple estate in the reserve land if— a: the transferors of the reserve land are or were the trustees of a trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met. 21: Corresponding provisions cease to apply 1: On the coming into force of section 20 Affiliate Te Arawa Act 2: The Affiliate Te Arawa Act Miscellaneous 22: Limit on duration of trusts does not apply to joint trust 1: No rule of law or provisions of an Act, including section 16 a: the joint trust may exist in law; or b: the joint trustees may hold or deal with property (including income derived from the property). 2: However, if the joint trust becomes a charitable trust,— a: subsection (1) ceases to apply; and b: the trust may continue indefinitely under section 16(6)(a) 3: No rule of law or provisions of an Act, including section 16 Section 22 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 22(2)(b) replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(3) replaced 30 January 2021 section 161 Trusts Act 2019 23: Election of joint trustees to become Māori authority For the purposes of the Income Tax Act 2007 a: the joint trustees are deemed to be trustees of a trust falling within section HF 2(3) b: accordingly, the joint trustees are deemed to be eligible under that section to make an election under section HF 11 24: Application of intra-Crown payments The Minister of Conservation may direct that any intra-Crown payment for the Southern Arikikapakapa Reserve be paid and applied in the manner specified in section 82(1)(a) 3: Subdivisions Power to subdivide 25: Need for Ministerial consent 1: This section applies if— a: the beneficial interest in the Reserves vested in the joint trustees under Part 2 b: following that determination, the joint trustees apply in writing to the Minister of Māori Affairs to subdivide and transfer 1 or more of those Reserves; and c: the Minister of Māori Affairs certifies in writing that the subdivision and transfer complies with the conditions set out in the vesting deed; and d: the Reserve or Reserves in question ( relevant Reserves Reserves Act 1977 2: The Minister of Māori Affairs must give the certificate required by subsection (1)(c) if he or she is satisfied that the subdivision and transfer complies with the conditions set out in the vesting deed, but no more than 1 certificate may be given for the purposes of this section. 3: If this section applies, section 11 Part 10 4: However, the subdivision and transfer may not take place unless the Minister of Conservation consents in writing to the transfer. 5: The Minister of Conservation must give that consent if, upon written application, the joint trustees satisfy the Minister of Conservation that the first transferee of each resulting parcel of land— a: is able to comply with the requirements of the Reserves Act 1977 b: is able to perform the duties of an administering body under that Act. 6: In this Part,— first transferee a: means the person or persons to whom the fee simple estate in that parcel of land is, or is to be, transferred in accordance with this section; and b: if those persons are trustees of a trust, includes (where applicable) the trustees for the time being of that trust resulting parcel of land 7: The permission of a council under section 348 8: Nothing in this section affects or limits the application of any enactment or rule of law to a subdivision of a relevant Reserve if this section does not apply. 26: Resulting parcels of land to be treated as separate reserves 1: If a relevant Reserve is subdivided and transferred in accordance with section 25 section 17 2: With effect from the transfer date, the first transferee of a resulting parcel of land— a: is the administering body of the reserve comprising that parcel of land for the purposes of the Reserves Act 1977 b: holds that parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer. 3: Transfer date section 29 27: Continuing application of Part 4A of Conservation Act 1987 1: If the Southern Arikikapakapa Reserve is subdivided and transferred in accordance with section 25 a: section 8(3) b: accordingly, the reference there to the Southern Arikikapakapa Reserve must be read as a reference to a parcel of land resulting from that subdivision. 2: If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25 a: section 112(4) b: accordingly, the reference there to a reserve site (as it applies to that Reserve) must be read as a reference to a parcel of land resulting from that subdivision. 28: Modified application of Reserves Act 1977 to resulting reserves 1: Sections 48A 114 115 2: Sections 78(1)(a) 79 to 81 88 3: If the reservation of a resulting parcel of land is revoked under section 24 section 25 Registration 29: Registration of subdivision and transfer 1: For each resulting parcel of land, the Registrar-General of Land must, upon receiving the documents specified in subsection (2),— a: create a computer freehold register and register the first transferee as the proprietor of the fee simple estate in the parcel of land; and b: make the appropriate entries on the register. 2: The documents are— a: a transfer instrument to transfer the fee simple estate in the parcel of land to the first transferee, including a notification that the first transferee is to hold the parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the parcel of land; and c: any other document required for registration of the transfer instrument. 3: Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register for the resulting parcel of land. 4: Without prejudice to the generality of subsection (1)(b), the Registrar-General must, for each resulting parcel of land,— a: amend the notification recording that the land is subject to the relevant suspension provision, so that it has effect subject to section 27 b: remove the notification recording that the parcel of land is subject to section 20 c: make a notification recording that the parcel of land is subject to section 32 5: The relevant suspension provision a: in the case of the Southern Arikikapakapa Reserve, section 8(3) b: in the case of the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve, section 112(4) 30: Other registration requirements cease to apply 1: If the Southern Arikikapakpapa Reserve is subdivided and transferred in accordance with section 25 section 17(6) and (7) 2: If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25 section 113(3) section 18(3) and (4) 31: Subsequent revocation 1: If the reservation of a resulting parcel of land is revoked in relation to the whole of the land comprised in the parcel of land,— a: the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the relevant notifications from the computer freehold register for the parcel of land; and b: the Registrar-General must comply with any such application. 2: If the reservation of a resulting parcel of land is revoked in relation to a part of the land comprised in the parcel of land, the Registrar-General of Land must ensure that the relevant notifications remain only on the computer freehold register for the part of the land that remains a reserve. 3: The relevant notifications a: that section 24 b: that the land is subject to the relevant suspension provision and to section 27 c: that the land is subject to section 32 4: The relevant suspension provision section 29(5) Subsequent transfer of parcels of land 32: Restrictions on transfer of parcels of land 1: This section applies to a resulting parcel of land so long as the land, or any part of the land, comprised in the parcel of land remains a reserve under the Reserves Act 1977 section 25 2: The land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land 3: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law. 4: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners 5: The relevant conditions a: that the new owners are able to comply with the requirements of the Reserves Act 1977 b: that the new owners are able to perform the duties of an administering body under that Act. 6: The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land. 7: The documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: any other document required for registration of the transfer instrument. 8: The new owners, from the time of registration under subsection (6),— a: are the administering body of the reserve land for the purposes of the Reserves Act 1977 b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer. 9: This section does not apply to a transfer of the fee simple estate in the reserve land if— a: the transferors of the reserve land are or were the trustees of a trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met. Miscellaneous 33: Limit on duration of trusts does not apply to first transferees 1: No rule of law or provisions of an Act, including section 16 a: a relevant trust may exist in law; or b: relevant trustees may hold or deal with property (including income derived from the property). 2: However, if a relevant trust becomes a charitable trust,— a: subsection (1) ceases to apply; and b: the trust may continue indefinitely under section 16(6)(a) 3: For the purposes of this section,— a: a trust is a relevant trust i: a resulting parcel of land is transferred to the trustees of that trust as part of the subdivision and transfer of a relevant Reserve in accordance with section 25 ii: it is not a charitable trust; and b: relevant trustees Section 33 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 33(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 33(2)(b) replaced 30 January 2021 section 161 Trusts Act 2019 34: Election of first transferees to become Māori authorities For the purposes of the Income Tax Act 2007 a: the first transferee of each resulting parcel of land is deemed to be a company falling within section HF 2(2) b: accordingly, each first transferee is deemed to be eligible under that section to make an election under section HF 11

DLM2175502

2009

Customs and Excise (AANZFTA) Amendment Act 2009

1: Title This Act is the Customs and Excise (AANZFTA) Amendment Act 2009. 2: Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 January 2010 Customs and Excise (AANZFTA) Amendment Act 2009 Commencement Order 2009 3: Principal Act amended This Act amends the Customs and Excise Act 1996 OIC SR 2009/348 2010-01-01 Customs and Excise Act 1996 4: Purpose of Act The purpose of this Act is to amend the principal Act 5: New Zealand certificates of origin for goods for export to China 1: The heading to section 64A China party to free trade agreement 2: Section 64A(1) a: inserting in relation to a party to a free trade agreement (a certification body b: omitting China that party 3: Section 64A(2) China a party to a free trade agreement 4: Section 64A(3) a: omitting China FTA relevant free trade agreement b: omitting the China FTA that agreement 5: Section 64A 3A: The Governor-General may, by Order in Council, declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act. 6: Section 64A 4: For the purposes of this section,— AANZFTA ASEAN China FTA free trade agreement a: the China FTA; or b: the AANZFTA party to a free trade agreement a: in relation to the China FTA, China; or b: in relation to the AANZFTA, a specified AANZFTA party specified AANZFTA party

DLM2491600

2009

Sentencing Amendment Act (No 3) 2009

1: Title This Act is the Sentencing Amendment Act (No 3) 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Sentencing Act 2002 amended This Act amends the Sentencing Act 2002 2009-12-01 Sentencing Act 2002 4: Aggravating and mitigating factors Section 9(1) hb: the nature and extent of any connection between the offending and the offender's— i: participation in an organised criminal group (within the meaning of section 98A of the Crimes Act 1961); or ii: involvement in any other form of organised criminal association: .

DLM1149700

2009

Alcohol Advisory Council Amendment Act 2009

1: Title This Act is the Alcohol Advisory Council Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Alcohol Advisory Council Act 1976 2009-03-17 Alcohol Advisory Council Act 1976 1: Amendments to principal Act 4: Interpretation 1: Section 2(1) basic unit of liquor fortified wine fruit wine grape wine 2: Section 2(1) class of liquor Schedule rate Schedule . 3: The definition of preceding statistical year section 2(1) beer, spirits, and wine each class of liquor 4: The definition of wine section 2(1) wine a: includes— i: cider, perry, and mead; and ii: fortified wines such as sherry, port, and fruit or vegetable-based liquors; but b: does not include— i: beer or spirits; or ii: any liquor containing no more than 1.15% volume of alcohol . 5: Section 2 6: Section 2(2D) and of subsection (2) of this section, 7: Section 2(3) and of subsection (2) of this section, 8: Section 2 5: For the purposes of section 26(2) Schedule 5: New sections 26 and 27 substituted Sections 26 27 26: Minister to determine amounts of levy for each class of liquor 1: After assessing the aggregate levy figure in respect of any financial year, the Minister must determine, in accordance with subsection (2) 2: The process for determining the amounts of levy is as follows: a: Step 1 b: Step 2 Schedule c: Step 3 d: Step 4 e: Step 5 3: If a rate for a class of liquor is described in the table in the Schedule a: determine the rate to be applied to that class of liquor; and b: in making that determination, use the method for determining variable rates that is described in the Schedule 27: Rate of levy fixed by Order in Council 1: The Governor-General may, by Order in Council, fix for the next financial year, by reference to each class of liquor, the amount of levy payable under section 28 2: The amount of levy for each class of liquor must be as determined by the Minister in accordance with section 26(2) 3: If a rate for a class of liquor is described in the table in the Schedule section 26(3) section 26(2) 6: Levies payable by importers and manufacturers of liquor Section 28 1: In every financial year a levy of the amount set by Order in Council made under section 27 a: enters for home consumption (as that expression is used in the Customs and Excise Act 1996) any imported liquor that contains more than 1.15% volume of alcohol; or b: manufactures in New Zealand any beer or spirits; or c: sells any wine manufactured by that person in New Zealand. 7: Regulations 1: Section 39 ba: amending or replacing the table in the Schedule . 2: Section 39 is amended by adding the following subsection as subsection (2): 2: Regulations under subsection (1)(ba) a: for the purpose of aligning the rates for classes of liquor under this Act with the classification system applied to alcoholic beverages under Part B of Schedule 3 of the Customs and Excise Act 1996; and b: after consultation with the Minister of Customs. 8: Schedule added The Schedule 2: Transitional provision 9: Transitional provision Section 28(1) Gazette section 27(1)

DLM2099402

2009

Appropriation (2009/10 Estimates) Act 2009

1: Title This Act is the Appropriation (2009/10 Estimates) Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Application 1: Section 8 Schedule 3 Schedule 3 2: The rest of this Act relates to the financial year ending with 30 June 2010. 4: Purpose The purpose of this Act is to— a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2010 by appropriating expenses and capital expenditure for that financial year; and b: authorise the Crown to incur expenses for more than 1 financial year for certain specified matters by appropriating expenses for more than 1 financial year for those matters; and c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21 d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22 e: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A 5: Interpretation 1: In this Act, unless the context otherwise requires,— Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2010 scope shown in the Estimates a: for each multi-class output expense appropriation under section 6 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations b: for each appropriation under section 6 or 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations c: for each appropriation under section 8 Type, Title, Scope and Period of Appropriations this year 2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1) 6: Appropriations for expenses and for capital expenditure to be incurred 1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of— a: the categories of output expenses set out in column 3 of Schedule 1 b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1 c: the categories of other expenses set out in column 3 of Schedule 1 d: the categories of capital expenditure set out in column 3 of Schedule 1 2: Each appropriation provided by subsection (1) a: the amount specified in column 4 of Schedule 1 b: the scope shown in the Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 7: Appropriations administered by intelligence and security departments 1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2 2: Each appropriation provided by subsection (1) a: the amount specified in column 4 of Schedule 2 b: the scope shown in the Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 8: Appropriations applying to more than 1 financial year 1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses, is made for— a: the category of output expenses set out in column 3 of Schedule 3 b: each of the categories of other expenses set out in column 3 of Schedule 3 2: Each appropriation provided by subsection (1) a: the period specified in column 4 of Schedule 3 b: the amount specified in column 5 of Schedule 3 c: the scope shown in the Estimates for the relevant appropriation. 3: The appropriations provided by subsection (1) a: under any Imprest Supply Act passed in relation to this year; and b: in advance, but within the scope, of one of those appropriations. 9: Expenses incurred pursuant to section 21 of Public Finance Act 1989 The appropriations to which output expenses may be charged under section 21 Schedule 4 10: Confirmation of net assets For the purposes of section 22 sections 23 26E(1)(b) Schedule 5 a: column 3 b: column 8 c: column 9 11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989 The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 6 a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and b: are subject to section 32A 12: Repeals The Acts specified in Schedule 7 2009-09-02 Appropriation (2007/08 Financial Review) Act 2009 Appropriation (2008/09 Estimates) Act 2008 Appropriation (2008/09 Supplementary Estimates) Act 2009

DLM1575400

2009

Government Superannuation Fund Amendment Act 2009

1: Title This Act is the Government Superannuation Fund Amendment Act 2009. 2: Commencement 1: Section 5 2: The rest of this Act comes into force on 1 April 2009. 3: Amendments to Government Superannuation Fund Amendment Act 1969 1: This section amends the Government Superannuation Fund Amendment Act 1969 2: Section 5 1: Subsection (1A) a: any person in respect of whom the initial adjustment under section 7 is required to be made on or after 1 April 2009: b: any person to whom clause 3 of Schedule 2 applies. 1A: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 for the purpose of determining the annual adjustment for any year must be the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician, by which the all groups index number of the New Zealand Consumers Price Index for the December quarter of the calendar year immediately preceding that which includes the date for the annual adjustment exceeds the basic index number. 1B: Subsection (1C) a: in respect of whom the initial adjustment under section 7 is required to be made before 1 April 2009; and b: to whom clause 1 or 2 of Schedule 2 or section 2(8) applies. 1C: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 for the purpose of determining the annual adjustment each year must be calculated in accordance with the following formula: {[(1 + P1 ) × (1 + P2 )] − 1} × 100 100 100 where— P1 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician and proportionately adjusted (where appropriate) in accordance with clauses 1 and 2 of Schedule 2 or section 2(8) by which the all groups index number of the New Zealand Consumers Price Index for the December 2007 quarter exceeds the basic index number; and P2 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician, by which the all groups index number of the New Zealand Consumers Price Index for the December quarter of the calendar year immediately preceding that which includes the date for the annual adjustment exceeds the all groups index number of the New Zealand Consumers Price Index for the December 2007 quarter. 1D: In this section, unless the context otherwise requires,— basic index number a: in any case where the second proviso to section 7(2) applies, the basic index number for the December quarter of the calendar year immediately preceding the calendar year in which the first day of the beneficiary's qualifying year (as determined under section 7(1)) falls: b: in any other case where the date of qualification determined under Schedule 3 falls between 1 October and 31 March (both days inclusive), the basic index number for the June quarter of the calendar year in which the first day of the beneficiary's qualifying year (as determined under section 7(1)) falls: c: in any case where neither paragraph (a) (b) d: in any case where the date of qualification is 31 March 1956, the annual all groups index number of the New Zealand Consumers Price Index for the calendar year 1955, despite anything to the contrary in paragraphs (a) to (c) 1E: Subsections (1) to (1D) 3: Section 5 5: No person is entitled, because of the amendments made to this Act by section 3 2009-04-01 Government Superannuation Fund Amendment Act 1969 4: Amendment to Government Superannuation Fund Amendment Act 1979 1: This section amends the Government Superannuation Fund Amendment Act 1979 2: Section 7 7: Percentage of annual adjustment 1: The aggregate percentage of increase to be applied to a basic allowance in accordance with section 5 for the purpose of determining the annual adjustment for any year must be the percentage that is calculated under section 5(1A) (1C) a: basic index number i: in any case where the date of qualification falls between 1 October and 31 March (both days inclusive), the basic index number for the preceding June quarter; and ii: in any case where the date of qualification falls between 1 April and 30 September (both days inclusive), the basic index number for the preceding December quarter; and b: initial adjustment under section 7 2: No person is entitled, because of the amendments made to this Act by section 4 2009-04-01 Government Superannuation Fund Amendment Act 1979 5: Amendment to Government Superannuation Fund Act 1956 1: This section amends the Government Superannuation Fund Act 1956 2: Section 91A(2)(b) 9 10.8 2009-02-24 Government Superannuation Fund Act 1956

DLM1935903

2009

Mutual Assistance in Criminal Matters Amendment Act 2009

1: Title This Act is the Mutual Assistance in Criminal Matters Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Principal Act amended This Act amends the Mutual Assistance in Criminal Matters Act 1992 2009-12-01 Mutual Assistance in Criminal Matters Act 1992 4: Purpose of Act The purpose of this Act is to amend the Mutual Assistance in Criminal Matters Act 1992 5: Interpretation 1: Section 2(1) Central Authority assets forfeiture order section 5(1) . 2: The definitions of document financial institution section 2(1) Commissioner document section 5(1) examination order section 107 financial institution . 3: The definition of foreign drug-dealing offence section 2(1) 4: The definition of foreign forfeiture order section 2(1) foreign forfeiture order a: an order made under the law of a foreign country by a court or other judicial authority for the forfeiture of property that is— i: tainted property (as defined in relation to Part 3); or ii: property of a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or b: a foreign pecuniary penalty order . 5: The definition of foreign pecuniary penalty order section 2(1) foreign order foreign pecuniary penalty order . 6: The definition of foreign restraining order foreign restraining order a: restrains a particular person, or all persons, from dealing with the property specified in the order; and b: relates to— i: tainted property (as defined in relation to Part 3); or ii: property of a person who has, or who may have, unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order . 7: The definition of foreign serious offence section 2(1) foreign qualifying forfeiture offence a: an offence in a foreign country that is punishable in that country by a maximum term of imprisonment of 5 years or more (including an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more); and b: an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if— i: it is punishable by imprisonment for a term of 4 years or more; and ii: there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) . 8: The definition of forfeiture order section 2(1) 9: The following definitions are inserted in section 2(1) forfeiture order section 5(1) instrument forfeiture order section 5(1) instrument of crime a: in relation to Part 2, has the same meaning as in section 5(1) b: in relation to Part 3, means any property used, wholly or in part, to commit or facilitate the commission of a foreign qualifying forfeiture offence . 10: The definition of monitoring order section 2(1) 11: The definition of pecuniary penalty order section 2(1) 12: The definition of Proceeds of Crime Act section 2(1) 13: The definition of production order section 2(1) production order section 105 profit forfeiture order section 5(1) . 14: The definitions of property property-tracking document section 2(1) property section 5(1) qualifying instrument forfeiture offence section 5(1) . 15: The definitions of restraining order serious offence tainted property section 2(1) restraining order section 5(1) significant criminal activity section 5(1) significant foreign criminal activity a: means an activity engaged in by a person in a foreign country that if proceeded against as a criminal offence in that country— i: would amount to offending— A: that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or B: from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived; and ii: whether or not— A: the person has been charged with or convicted of the offending; or B: the person has been acquitted of the offending; or C: the person’s conviction for the offending has been quashed or set aside; and b: includes an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if— i: it is punishable by imprisonment for a term of 4 years or more; and ii: there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) tainted property a: in relation to Part 2, has the same meaning as in section 5(1) b: in relation to Part 3,— i: means any property that has, wholly or in part, been— A: acquired as a result of significant foreign criminal activity; or B: directly or indirectly derived from significant foreign criminal activity; and ii: includes any property that has been— A: acquired as a result of more than 1 activity if at least 1 of those activities is a significant foreign criminal activity; or B: directly or indirectly derived from more than 1 activity if at least 1 of those activities is a significant foreign criminal activity unlawfully benefited from significant foreign criminal activity . 16: Section 2(2) 2: A reference in this Act to criminal proceedings or a criminal investigation includes proceedings or investigations into the following matters: a: revenue (including taxation and customs and excise duties): b: foreign exchange control: c: the forfeiture of property as a result of the commission of an offence: d: the restraint of dealings with property or the freezing of assets that may be forfeited as a result of the commission of an offence: e: imposing or recovering pecuniary penalties under, and restraining dealing with property needed to satisfy, a foreign pecuniary penalty order imposed as a result of the commission of an offence. 6: New sections 2A and 2B inserted The following sections are inserted after section 2 2A: Certain investigations relating to civil proceedings deemed to be criminal investigations 1: An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things in subsection (2) 2: The things referred to in subsection (1) a: tainted property (as defined in relation to Part 2); or b: property of a person who has unlawfully benefited from significant criminal activity. 3: An investigation in a foreign country certified by the Central Authority for that country to have commenced in that country relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) 4: The things referred to in subsection (3) a: tainted property (as defined in relation to Part 3); or b: property of a person who has unlawfully benefited from significant criminal activity; or c: an instrument of crime (as defined in relation to Part 3); or d: property that will satisfy all or part of a pecuniary penalty order. 5: Investigations treated as criminal investigations under this section are criminal matters for the purposes of Parts 2 and 3. 2B: Certain civil proceedings deemed to be criminal proceedings 1: A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (2) 2: The things referred to in subsection (1) a: tainted property (as defined in relation to Part 2); or b: property of a person who has unlawfully benefited from significant criminal activity. 3: A proceeding certified by the Central Authority of the requesting country to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) 4: The things referred to in subsection (3) a: tainted property (as defined in relation to Part 3); or b: property of a person who has unlawfully benefited from significant foreign criminal activity; or c: an instrument of crime (as defined in relation to Part 3); or d: property that will satisfy all or part of a foreign pecuniary penalty order. 5: Proceedings treated as criminal proceedings under this section are criminal matters for the purposes of Parts 2 and 3. 7: Object of Act Section 4 g: the forfeiture of— i: tainted property; and ii: property of persons who have unlawfully benefited from significant criminal activity or significant foreign criminal activity; and iii: instruments of crime; and iv: property that will satisfy all or part of a foreign pecuniary penalty order: h: the location of property that may be forfeited: i: the recovery of property to satisfy foreign pecuniary penalty orders: j: the restraining of dealings with property, or the freezing of assets, that may be forfeited. 8: New headings and sections 21 and 22 substituted The heading above section 21 section 22 Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 21: Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 1: The Attorney-General may, if the circumstances in subsection (2) a: an assets forfeiture order: b: a profit forfeiture order: c: an instrument forfeiture order: d: a restraining order. 2: The circumstances are that the Attorney-General has reasonable grounds to believe that some or all of the property to which the order relates is located in the foreign country. Request to issue warrant or order in foreign country 22: Request to issue warrant or order in foreign country 1: The Attorney-General may, if a criminal matter has arisen in New Zealand in respect of any of the things referred to in subsection (2) a: a restraining order: b: a search warrant of the kind issued under section 101, 102, or 110 c: a production order: d: an examination order. 2: The things referred to in subsection (1) a: tainted property (as defined in relation to Part 2); or b: property of a person who has unlawfully benefited from significant criminal activity; or c: an instrument of crime (as defined in relation to Part 2). 9: Refusal of assistance 1: Section 27(1) ab: the request relates to the bringing of proceedings of the kind described in section 2B(3) . 2: Section 27(1) ba: there are substantial grounds for believing that the request has been made with a view to bringing proceedings of the kind described in section 2B(3) . 3: Section 27(1) ca: there are substantial grounds for believing that the request has been made for the purpose of bringing proceedings of the kind described in section 2B(3) . 4: Section 27(2) ab: the request relates to proceedings of the kind described in section 2B(3) . 5: Section 27(2) ba: the request relates to proceedings of the kind described in section 2B(3) bb: the request relates to proceedings of the kind described in section 2B(3) . 6: Section 27(2)(e) e: the provision of the assistance requested could prejudice— i: a criminal investigation or criminal proceeding in New Zealand; or ii: a proceeding of any kind under the Criminal Proceeds (Recovery) Act 2009 or sections 142A to 142Q . 7: Section 27(2)(g) g: the provision of assistance— i: would impose an excessive burden on the resources of New Zealand; or ii: relates to a matter that is trivial in nature; or . 10: New sections 54 to 62 and headings substituted The heading above section 54 sections 54 to 62 section 59 Requests to enforce foreign restraining orders and foreign forfeiture orders 54: Request to enforce foreign restraining order 1: A foreign country may request the Attorney-General to assist in enforcing a foreign restraining order that relates to property that is believed to be located in New Zealand. 2: The Attorney-General may authorise the Commissioner to apply to the High Court to register a foreign restraining order in New Zealand if satisfied— a: that the request from the foreign country relates to— i: tainted property (as defined in relation to Part 3); or ii: property of a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order; and b: that there are reasonable grounds to believe some or all of the property that is able to be restrained under the foreign restraining order is located in New Zealand. 3: An authority issued under subsection (2) 55: Request to enforce foreign forfeiture order 1: A foreign country may request the Attorney-General to assist in enforcing a foreign forfeiture order that relates to property that is reasonably believed to be located in New Zealand. 2: The Attorney-General may authorise the Commissioner to apply to the High Court to register the foreign forfeiture order in New Zealand if satisfied— a: that the request from the foreign country relates to property that may be forfeited under the foreign forfeiture order and is specific property that— i: is tainted property (as defined in relation to Part 3); or ii: belongs to a person who has unlawfully benefited from significant foreign criminal activity; or iii: is an instrument of crime (as defined in relation to Part 3); or iv: will satisfy some or all of a foreign pecuniary penalty order; and b: that there are reasonable grounds to believe that some or all of the property to which the order relates is located in New Zealand. 3: An authority issued under subsection (2) 56: Method for registering foreign orders in New Zealand 1: If the High Court is satisfied that a foreign order that the Commissioner has applied to register under section 54 or 55 3: A foreign order, or an amendment to a foreign order (an amendment a: a copy of the foreign order or amendment sealed by the court or other judicial authority who made it; or b: a copy of the foreign order or amendment authenticated in accordance with section 63. 4: A copy of an amendment (whether made before or after registration) may be registered in the same way as a foreign order. 5: A foreign order or an amendment to a foreign order does not have effect under this Act or the Criminal Proceeds (Recovery) Act 2009 until it is registered. 6: An exact copy of a sealed or authenticated copy of a foreign order or an amendment must for the purposes of this Act be treated as if it is the sealed or authenticated copy. 7: However, registration of an exact copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered. 57: Effect of registering foreign orders in New Zealand 1: A foreign restraining order registered in New Zealand under section 56 a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and b: entered on the date it is registered. 2: Subsection (1) sections 136 to 139 3: A foreign forfeiture order registered in New Zealand under section 56 a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and b: entered on the date it is registered. 4: Subsection (3) sections 140 to 149 58: Cancelling registration of foreign orders in New Zealand 1: The Attorney-General may at any time direct the Commissioner to apply to the High Court to cancel the registration in New Zealand of— a: a foreign restraining order; or b: a foreign forfeiture order. 2: Without limiting subsection (1) a: that the order has, since being registered in New Zealand, ceased to have effect in the foreign country in which it was made; or b: that cancelling the order is appropriate having regard to arrangements entered into between New Zealand and the foreign country in relation to the enforcing of orders of that kind; or c: that the registration of the order in New Zealand contravened section 56 d: that, in the case of a foreign restraining order registered in New Zealand, 1 year has passed since the foreign country made the order; or e: that, after consultation with the foreign country where the order was made, it is desirable that the registration of the foreign order be cancelled; or f: that the foreign order has been discharged, wholly or in part. 3: The High Court must cancel the registration of a foreign order in New Zealand if the Commissioner applies, under a direction under subsection (1) Requests by foreign countries for orders or warrants in New Zealand 59: Request for search warrant in New Zealand 1: A foreign country may request the Attorney-General to obtain the issue of a search warrant in New Zealand in respect of a criminal investigation or criminal proceedings relating to— a: tainted property (as defined in relation to Part 3); or b: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or c: an instrument of crime (as defined in relation to Part 3); or d: property that will satisfy some or all of a foreign pecuniary penalty order. 2: After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3) a: authorise a member of the police to apply under section 124 section 101 b: authorise the Commissioner to apply under section 125 section 102 c: authorise the Official Assignee to apply under section 126 section 110 3: The matters referred to in subsection (2) a: that the request relates to a criminal investigation or criminal proceedings relating to— i: tainted property (as defined in relation to Part 3); or ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order; and b: that there are reasonable grounds for believing the property is located in New Zealand. 60: Interim foreign restraining order 1: A foreign country may request the Attorney-General to obtain the issue of an interim foreign restraining order in respect of property that is believed to be located in New Zealand. 2: After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 128 a: there is a criminal investigation in relation to— i: tainted property (as defined in relation to Part 3); or ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order; and b: there are reasonable grounds to believe all or part of the property to which the criminal investigation relates is located in New Zealand. 61: Request for production order in New Zealand 1: A foreign country may request the Attorney-General to make an application for a production order in New Zealand. 2: After a request is made, the Attorney-General may authorise the Commissioner to make an application to a Judge under section 104 a: the request relates to a criminal investigation that relates to— i: tainted property (as defined in relation to Part 3); or ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order; and b: there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand. 62: Request for examination order in New Zealand 1: A foreign country may request the Attorney-General to make an application for the issue of an examination order in New Zealand. 2: After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 106 a: that the request relates to a criminal investigation that relates to— i: tainted property (as defined in relation to Part 3); or ii: property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or iii: an instrument of crime (as defined in relation to Part 3); or iv: property that will satisfy some or all of a foreign pecuniary penalty order; and b: that there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand. 11: Certificates given by Attorney-General Section 64(2) Proceeds of Crime Act Criminal Proceeds (Recovery) Act 2009 12: Savings and transitional provisions The Mutual Assistance in Criminal Matters Act 1992 a: taking action in relation to any matter relating to an application under the Mutual Assistance in Criminal Matters Act 1992; and b: continuing or completing any proceedings or other matter commenced under that Act; and c: enforcing orders made or registered under that Act; and d: the exercise of any power or function under the Act in relation to any matter in paragraph (a) Consequential amendment to Customs and Excise Act 1996 13: Amendment to Customs and Excise Act 1996 Section 14 Customs and Excise Act 1996 2009-12-01 Customs and Excise Act 1996 14: Return of goods detained under section 166A Section 166D(3)(b) b: a foreign country makes a request to the Attorney-General under any of the following sections of the Mutual Assistance in Criminal Matters Act 1992: i: section 54 ii: section 60

DLM1609400

2009

New Zealand Superannuation and Retirement Income Amendment Act 2009

1: Title This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2009. 2: Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 5 January 2010 New Zealand Superannuation and Retirement Income Amendment Act 2009 Commencement Order 2009 3: Principal Act amended This Act amends the New Zealand Superannuation and Retirement Income Act 2001 OIC SR 2009/362 2010-01-05 New Zealand Superannuation and Retirement Income Act 2001 4: Effect of absence from New Zealand on New Zealand superannuation Section 21 29 35 5: First 26 weeks of certain temporary absences Section 22 (other than a person who is receiving New Zealand superannuation overseas under section 26) a person 6: New sections 26 to 26B substituted Section 26 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 reciprocal agreement or convention, in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990, that relates to New Zealand superannuation; and 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)); or 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) 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) i: begins to reside in a country that is not a country to which subsection (1) 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) ii: returns to New Zealand. 3: For the purposes only of subsection (2)(b)(ii) 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) 5: Subsection (4) 6: The rates referred to in subsection (2) a: for a single person, a rate that is a proportion (calculated under section 26A(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 subsection 26A(1) 7: This section is subject to section 26B 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) d: dividing by 540 the total calculated under paragraph (c) 2: In the determination for the purposes of subsection (1) a: any period of absence from New Zealand of a kind described in section 9(1); or b: any period of absence from New Zealand— i: while the person was engaged in missionary work as a member of, or on behalf of, any religious body; or ii: while the person's spouse or partner was engaged in missionary work as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a) of the Social Security Act 1964) deemed to have been resident in New Zealand; or d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a) of the Social Security Act 1964 to have been resident in New Zealand, the person was also (by virtue of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand. 3: Subsection (2) 4: Subsection (2)(b) a: in the case of a person to whom subsection (2)(b)(i) b: in the case of a person to whom subsection (2)(b)(ii) 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. 7: Relationship with other benefit provisions 1: Section 29(1) 2: Section 29(2) living alone payment, receive any 3: Section 29(4) and (5) 4A: Except as provided in this section, the Social Security Act 1964 (other than sections 69G to 69I, 70, 74(1)(a), 75, 75A, 76, 77, and 82(7)) applies to New Zealand superannuation being paid under section 26. 8: Application of this Act and Social Security Act 1964 Section 35(1) 21 22 9: Social Security Act 1964 consequentially amended Section 70 1A: Subsection (1) does not apply to New Zealand superannuation payable overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001. OIC SR 2009/362) 2010-01-05 Social Security Act 1964 10: Saving 1: This subsection applies to a person who, immediately before the commencement of section 6 section 26 a: that commencement; and b: the time he or she ceases to be entitled to be paid New Zealand superannuation under that section. 2: While subsection (1) applies to a person, he or she is entitled to be paid New Zealand superannuation at the higher of the following rates: a: the rate at which he or she was entitled to be paid immediately before the commencement of section 6 b: the rate at which he or she became entitled to be paid on that commencement.

DLM2095500

2009

Land Transport (Enforcement Powers) Amendment Act 2009

1: Title This Act is the Land Transport (Enforcement Powers) Amendment Act 2009 2: Commencement 1: Sections 9 10 17 20 21 40(2) 2: Sections 4(2) and (3) 5 13 to 16 34 39(2) 3: The rest of this Act comes into force on 1 December 2009. Section 2(1) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 3: Principal Act amended This Act amends the Land Transport Act 1998 OIC Land Transport Act 1998 ss 9, 10, 17, 18, 20 and 21 2009-11-01 Land Transport Act 1998 ss 4(2) and (3), 5, 13 to 16, and 34 2009-12-01 Land Transport Act 1998 ss 4(1), 6, 7, 8, 11, 12, 19, 22 to 33, 35, 36 1: Amendments to Land Transport Act 1998 4: Interpretation 1: Section 2(1) 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 qualifying bylaw section 22AB(1)(b) a: restricting or placing conditions on the racing of motor vehicles or any associated activities: b: controlling or restricting cruising or any associated activities Registrar . 2: Section 2(1) controlled drug 3: Section 2(1) qualifying drug a: means any substance, preparation, mixture, or article containing— i: a controlled drug specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and ii: any of the following drugs: A: Alprazolam: B: Bromazepam: C: Brotizolam: D: Camazepam: E: Chlordiazepoxide: F: Clobazam: G: Clonazepam: H: Clotiazepam: I: Cloxazolam: J: Delorazepam: K: Diazepam: L: Estazolam: M: Ethyl loflazepate: N: Fludiazepam: O: Flunitrazepam: P: Flurazepam: Q: Halazepam: R: Haloxazolam: S: Ketazolam: T: Loprazolam: U: Lorazepam: V: Lormetazepam: W: Medazepam: X: Midazolam: Y: Nimetazepam: Z: Nitrazepam: ZA: Nordazepam: ZB: Oxazepam: ZC: Oxazolam: ZD: Pinazepam: ZE: Prazepam: ZF: Temazepam: ZG: Tetrazepam: ZH: Triazolam; and b: includes— i: any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and ii: any prescription medicine; but c: excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) . 5: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine 1: The heading to section 11A is amended by omitting controlled drug or prescription medicine qualifying drug 2: Section 11A is amended by repealing paragraph (b) and substituting the following paragraph: b: that person's blood contains evidence of the use of a qualifying drug. 6: Drivers and other road users to comply with directions of enforcement officers, etc Section 13 1AA: A person driving a motor vehicle that has a warning notice given under section 22AE 7: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads Section 22A 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 or 22AC 8: New heading and sections 22AB to 22AF inserted The following heading and sections are inserted after section 22A Bylaws 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 $500, for the breach of any bylaw made under this section. 2: A bylaw made under subsection (1) 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) 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, railway 22AC: Minister may amend, replace, or disallow bylaws 1: The Minister may, by notice published in the Gazette section 22AB a: is inconsistent with any enactment; or b: is unreasonable or undesirable in so far as it relates to or may affect traffic. 2: On any disallowance under subsection (1) 3: Any disallowance under subsection (1) Gazette 22AD: Consultation 1: A road controlling authority that is a local authority may not make a bylaw under 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) b: give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal. 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 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. 9: Certain driver licences have no effect Section 9 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 10: Driver licences are property of Agency and are to be surrendered in certain circumstances Section 10 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 11: New section 36AB inserted The following section is inserted after section 36A 36AB: Contravention of sections 7 and 114 If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor. 12: Contravening notices, requirements, etc, given or imposed by enforcement officers Section 52 3: If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated 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 3 months. 4: If a person is convicted for a third or subsequent offence against section 114,— 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 1 year. 5: A disqualification ordered under subsection (3) or (4) 6: A person commits an offence if the person fails or refuses to provide information or provides false information with respect to any request for information made by an enforcement officer under section 118. 7: The maximum penalty on conviction for an offence against subsection (6) 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. 13: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine 1: The heading to section 57A controlled drug or prescription medicine qualifying drug 2: Section 57A(1) is amended by repealing paragraph (b) and substituting the following paragraph: b: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug. 14: Causing injury or death in circumstances to which section 61 does not apply Section 62(1B) c: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug. 15: Defences 1: Section 64(1A) controlled drug or prescription medicine qualifying drug 2: Section 64(1A)(a)(ii) drug or medicine qualifying drug 16: Circumstances in which certificate not admissible in proceedings Section 79(4)(e) controlled drug or any prescription medicine qualifying drug 17: Effect of disqualification Section 17 repealed 10 May 2011 section 47 Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13). 18: New sections 82A and 82B inserted Section 18 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 19: Holder to undergo approved tests or courses if disqualified for more than 1 year Section 83(1)(b) or endorse the existing licence 20: New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes Section 20 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 21: Suspension of licence or disqualification from driving under demerit points system Section 21 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 22: Vehicle seized and impounded for 28 days in certain circumstances 1: Section 96 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 2: Section 96(1A) may must, if practicable, 3: Section 96 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 as signalled, requested, or required under section 114(1) or (2). 4: Section 96(2)(a)(i) name and address full name and full address 5: Section 96 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. 6: Section 96 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. 7: Section 96(6)(a) or (1AA) subsection (1AB) (1A) 23: Impoundment of vehicle used in transport service 1: Section 96A(2)(a)(i) name and address full name and full address 2: Section 96A(2)(a)(ii) name and address full name and full address 3: Section 96A 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. 4: Section 96A 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. 5: 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. 24: Storage of impounded vehicles 1: Section 97(3) impounded owner of the 2: Section 97 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 or the Sentencing Act 2002. 3: Section 97 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 of the Summary Proceedings Act 1957; or c: a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable. 4: Section 97(7) the chief executive of the Ministry of Justice, or a Registrar, The Commissioner, 5: Section 97 8: For the purposes of subsection (7), Registrar 25: Release of vehicle after 28 days 1: Section 98 1: On or after the close of the 28-day impoundment period, the registered person in respect of the vehicle, or a person authorised for the purpose by the registered person, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, is entitled to remove the vehicle from storage by— a: showing the storage provider proof of identity and either,— i: in the case of the registered person in respect of the vehicle, or a person authorised for the purpose by him or her, proof of ownership of the vehicle or the owner's copy of the notice of acknowledgement of seizure and impoundment; or 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: Subsection 98(2) subsection (1) is subsections (1), (6), and (7) 3: Section 98(4) dispose of the vehicle and may, with the officer's approval, dispose of the vehicle on such terms and conditions as the officer thinks fit 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 4: Section 98(5) , and any personal property found in the vehicle, vehicle 5: Section 98 6: Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, must— a: pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or 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) in relation to the vehicle to be removed. 7: Despite anything in subsections (1) to (6) a: in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized— i: begins immediately on the expiry of the applicable 14-day appeal period specified in section 102; 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): b: in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, the period during which an impounded vehicle may be seized— 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). 26: New heading and sections 98A and 98B inserted The following heading and sections are inserted after section 98 Prohibiting sale or disposal of motor vehicles 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; and 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) 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) 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; or 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; or b: may cancel the notice given under subsection (2) 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. 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. 27: Appeal to Police against impoundment of vehicle 1: Section 102(1) f: if section 96(1A), (1AA) (1AB) 22AF . 2: Section 102(1) g: if section 96(1A), (1AA) (1AB) 22AF . 3: Section 102(2) and lodged no later than 14 days after the date on which the vehicle is seized and impounded 28: Appeal against refusal of Police to direct release of impounded vehicle Section 110 1A: If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to a District Court. 1B: An enforcement officer may agree in writing to an appeal under subsection (1A) 29: Enforcement officers may enforce transport legislation Section 113(2)(a) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number, 30: Power to require driver to stop and give name and address, etc Section 114(3)(b)(i) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number, 31: Enforcement officers may give directions prohibiting driving of vehicles Section 115 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. 32: New section 121A inserted The following section is inserted after section 121 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) 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) subsection (2)(d) 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. 33: New section 128C inserted The following section is inserted after section 128B 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) subsection (2) 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) b: complete the exercise of any other power conferred on an enforcement officer by this Act. 34: Regulations Section 167(1)(mc) controlled qualifying 35: Agency to maintain register of driver licences Section 199(3) is specifically forbidden to drive a motor vehicle or 36: Regulations Section 269(1) sa: setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle: . 2: Transitional provision and consequential amendments 37: Transitional provision in relation to Transport (Vehicle and Driver Registration and Licensing) Act 1986 In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) sections 96(2A) 98(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 38: Transitional provision in relation to Land Transport (Offences and Penalties) Regulations 1999 In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) Schedule 3 4 Transport (Vehicle and Driver Registration and Licensing) Act 1986 39: Acts consequentially amended 1: The Acts specified in Part 1 2: The Act specified in Part 2 2009-12-01 Land Transport Amendment Act 2009 Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 2009-11-01 Land Transport Act 1998 Land Transport Amendment Act 2009 Summary Proceedings Act 1957 40: Regulations and rules consequentially amended 1: The regulations and rules specified in Part 1 2: The regulations and rules specified in Part 2 2009-12-01 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Ordering a Vehicle off the Road) Notice 1999 OIC Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999 Land Transport (Driver Licensing) Rule 1999

DLM1525700

2009

Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009

1: Title This Act is the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Purpose of Act, interpretation, settlement of historical claims, and miscellaneous matters 1: Purpose of Act 3: Purpose The purpose of this Act is to give effect to certain provisions of the deed of settlement, which is a deed that settles the historical claims of Taranaki Whānui ki Te Upoko o Te Ika. 4: Act binds the Crown This Act binds the Crown. 5: Outline 1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or the deed of settlement. 2: This Part— a: sets out the purpose of this Act and specifies that it binds the Crown; and b: defines terms used in this Act, including key terms such as Taranaki Whānui ki Te Upoko o Te Ika and historical claims; and c: provides that the settlement of the historical claims is final; and d: provides for— i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii: consequential amendments to the Treaty of Waitangi Act 1975 iii: the effect of the settlement on certain memorials; and iv: the exclusion of the limit on the duration of a trust 3: Part 2 a: protocols to be issued to the trustees by the Minister of Conservation, the Minister of Fisheries, and the Minister for Arts, Culture and Heritage; and b: an acknowledgement by the Crown of the statements made by Taranaki Whānui ki Te Upoko o Te Ika of their cultural, spiritual, historical, and traditional association with 13 statutory areas, and the effect of that acknowledgement; and c: a deed of recognition between the Crown and the trustees; and d: the vesting in the trustees of the fee simple estate in 18 cultural redress properties and subsequent management arrangements in relation to the 2 sites that are lakebed and esplanade land and the 7 reserve sites (including the 4 Harbour Islands reserves); and e: the alteration of place names. 4: Part 3 a: the transfer of deferred selection properties to the trustees to give effect to the deed of settlement; and b: the creation of computer registers, and the effect of registration, in relation to the deferred selection properties; and c: the application of other enactments in relation to the transfer of deferred selection properties; and d: a right of first refusal in relation to RFR land that may be exercised by the trustees. 5: There are 4 schedules that— a: describe the 13 statutory areas to which the statutory acknowledgement relates: b: describe the 18 cultural redress properties: c: set out provisions relating to the Harbour Islands Kaitiaki Board: d: set out provisions that apply to notices given in relation to RFR land. Section 5(2)(d)(iv) amended 30 January 2021 section 161 Trusts Act 2019 2: Interpretation 6: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 7: Interpretation In this Act, unless the context requires another meaning,— actual deferred settlement date aquatic life section 2(1) authorised person a: in respect of a cultural redress property, has the meaning given to it in section 73(11) b: in respect of a deferred selection property, has the meaning given to it in section 89(5) business day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and ba: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and c: the day observed as the anniversary of the province of Wellington Commissioner of Crown Lands section 2 consent authority section 2(1) conservation document conservation management plan section 2(1) conservation management strategy section 2(1) control paragraph (d) a: in relation to a company, control of the composition of its board of directors; and b: in relation to another body, control of the composition of the group that would be its board of directors if the body were a company Crown a: has the meaning given to it in section 2(1) b: for the purposes of subpart 1 Crown body a: a Crown entity (as defined in section 7(1) b: a State enterprise (as defined in section 2 c: the New Zealand Railways Corporation; and d: a company or body that is wholly owned or controlled by any 1 or more of the following: i: the Crown: ii: a Crown entity: iii: a State enterprise: iv: the New Zealand Railways Corporation; and e: a subsidiary of, or related company to, a company or body referred to in paragraph (d) cultural redress property section 38(1) date of the deed of settlement deed of recognition section 32(a) deed of settlement deed a: mean the deed of settlement dated 19 August 2008 and signed by— i: the Minister in Charge of Treaty of Waitangi Negotiations, the Honourable Dr Michael Cullen, and the Minister of Māori Affairs, the Honourable Parekura Horomia, for the Crown; and ii: Professor Ralph Heberley Ngatata Love, Kevin Hikaia Amohia, Neville McClutchie Baker, Spencer Waemura Carr, June Te Raumange Jackson, Dr Catherine Maarie Amohia Love, Hinekehu Ngaki Dawn McConnell, Rebecca Elizabeth Mellish, Dr Ihakara Porutu Puketapu, Sir Paul Alfred Reeves, and Mark Te One for Taranaki Whānui ki Te Upoko o Te Ika and for the Port Nicholson Block Settlement Trust; and b: include— i: the schedules of and any attachments to the deed; and ii: any amendments to the deed or its schedules and attachments deferred selection property or subpart I Director-General DOC protocol section 17(1)(a) DOC protocol area effective date encumbrance fisheries protocol section 17(1)(a) fisheries protocol area freshwater fisheries management plan section 2(1) Heritage New Zealand Pouhere Taonga section 9 historical claims section 9 jointly established trust section 46(5) land holding agency LINZ local authority section 5(1) member of Taranaki Whānui ki Te Upoko o Te Ika section 8(2)(a) Ministry for Culture and Heritage protocol section 17(1)(a) section 17(1)(b) national park management plan section 2 Port Nicholson Block Settlement Trust Port Nicholson Block Settlement Trust deed a: means the deed of trust establishing the Port Nicholson Block Settlement Trust, dated 11 August 2008; and b: includes— i: the schedules of the deed of trust; and ii: any amendments to the deed of trust or its schedules protocol section 17(1)(a) regional council section 2(1) Registrar-General section 4 related company section 2(3) relevant consent authority representative entity a: the trustees; and b: any person (including any trustees) acting for, or on behalf of,— i: the collective group referred to in section 8(2)(a) ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 8(2)(a) iii: 1 or more members of Taranaki Whānui ki Te Upoko o Te Ika resource consent section 2(1) responsible department a: the Department of Conservation: b: the Ministry of Fisheries: c: the Ministry for Culture and Heritage: d: any other department of State authorised by the Prime Minister to exercise powers or perform functions and duties under subpart 1 responsible Minister a: the Minister of Conservation: b: the Minister of Fisheries: c: the Minister for Arts, Culture and Heritage: d: any other Minister of the Crown authorised by the Prime Minister to exercise powers or perform functions and duties under subpart 1 RFR land section 92 settlement date settlement document a: each protocol; and b: the deed of recognition settlement property a: each cultural redress property; and b: each deferred selection property; and c: all RFR land statements of association section 23(2) statutory acknowledgement section 23(1) subpart 2 statutory area Schedule 1 Schedule 1 statutory plan a: means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1) b: includes a proposed policy statement provided for in Schedule 1 subsidiary section 5 taonga tūturu a: has the meaning given to it in section 2(1) b: includes ngā taonga tūturu (which has the meaning given to it in section 2(1) Taranaki area trustees of the Port Nicholson Block Settlement Trust trustees Section 7 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 7 business day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 7 deferred selection property amended 30 November 2022 section 90 Statutes Amendment Act 2022 Section 7 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 7 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 8: Meaning of Taranaki Whānui ki Te Upoko o Te Ika 1: This section is subject to clause 8.2.3 of the deed of settlement as at the date of the deed of settlement. 2: In this Act, Taranaki Whānui ki Te Upoko o Te Ika a: the collective group composed of individuals who— i: descend from 1 or more of the recognised ancestors of the following iwi: A: Te Atiawa: B: Ngāti Tama: C: Taranaki: D: Ngāti Ruanui: E: other iwi from the Taranaki area (for example, Ngāti Mutunga); and ii: also descend from 1 or more of— A: the original signatories of the 27 September 1839 Port Nicholson Block purchase deed; and B: the persons listed in the Schedule to the Declaration of the Native Land Court in Wellington dated 11 April 1888; and C: other persons not referred to in subsubparagraph (A) or (B) paragraph (a)(i) b: any whānau, hapū, or group (including a group composed of the beneficiaries of the Wellington Tenths Trust and a group composed of the beneficiaries of the Palmerston North Māori Reserves Trust) to the extent that it is composed of individuals referred to in paragraph (a) c: every individual referred to in paragraph (a) 3: In subsection (2)(a) a: birth; or b: legal adoption; or c: Māori customary adoption in accordance with Taranaki Whānui ki Te Upoko o Te Ika tikanga (customary values and practices). 4: In subsection (2)(a) customary rights a: rights to occupy land; and b: rights in relation to the use of land or other natural or physical resources Taranaki area section 7 9: Meaning of historical claims 1: In this Act, historical claims a: means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date) that Taranaki Whānui ki Te Upoko o Te Ika (or a representative entity) had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that— i: is, or is founded on, a right arising— A: from the Treaty of Waitangi or its principles; or B: under legislation; or C: at common law (including aboriginal title or customary law); or D: from fiduciary duty; or E: otherwise; and ii: arises from, or relates to, acts or omissions before 21 September 1992— A: by, or on behalf of, the Crown; or B: by or under legislation; and b: includes every claim to the Waitangi Tribunal to which paragraph (a) i: Wai 105—Hutt Section 19 claim; and ii: Wai 145—Port Nicholson Block claim; and iii: Wai 183—Korokoro Urupā claim; and iv: Wai 377—Kaiwharawhara and Hutt claim; and v: Wai 442—Waiwhetu Pā land claim; and vi: Wai 562—Pipitea Pā and street properties claim; and vii: Wai 571—Section 1, Pipitea Street (resumption) claim; and viii: Wai 660—Hutt Section 19 (part of) claim; and ix: Wai 734—Whanganui a Tara (Ngāti Mutunga) claim; and x: Wai 735—Whanganui a Tara (Ngāti Tama) claim; and c: includes every other claim to the Waitangi Tribunal to which paragraph (a) 2: However, historical claims a: a claim that a member of Taranaki Whānui ki Te Upoko o Te Ika, or a whānau, hapū, or group referred to in section 8(2)(b) section 8(2)(a) b: a claim that a member of Taranaki Whānui ki Te Upoko o Te Ika, or a whānau, hapū, or group referred to in section 8(2)(b) c: a claim that a representative entity may have to the extent the claim is, or is founded on, a claim referred to in paragraph (a) or (b) 3: In subsection (2)(b) excluded area a: the South Island: b: the Chatham Islands: c: the Taranaki area: d: the Kapiti Coast. 4: In subsection (3) Kapiti Coast land within New Zealand sections 5 6 6A Taranaki area section 7 5: To avoid doubt, subsection (1)(a) subsection (1)(b) or (c) 3: Settlement of historical claims Historical claims settled and jurisdiction of courts, etc, removed 10: Settlement of historical claims final 1: The historical claims are settled. 2: The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. 3: Subsections (1) and (2) 4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of— a: the historical claims; or b: the deed of settlement; or c: this Act; or d: the redress provided under the deed of settlement or this Act. 5: Subsection (4) Consequential amendment to Treaty of Waitangi Act 1975 11: Amendment to Treaty of Waitangi Act 1975 1: This section amends the Treaty of Waitangi Act 1975 2: Schedule 3 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009, section 10(4) and (5) 2009-08-05 Treaty of Waitangi Act 1975 Protections no longer apply 12: Certain enactments do not apply 1: Nothing in the enactments listed in subsection (2) applies— a: to a settlement property; or b: for the benefit of Taranaki Whānui ki Te Upoko o Te Ika or a representative entity. 2: The enactments are— a: sections 8A to 8HJ b: sections 27A to 27C c: sections 568 to 570 d: Part 3 e: Part 3 3: However, this section applies to— a: a deferred selection property only if— i: the trustees elect to purchase the property under clause 4.7 of the provisions schedule of the deed of settlement; and ii: the purchase is settled under clause 4.53 of that schedule; or b: the urupā site only on and from the date (described in section 48(7) Section 12(2)(c) replaced 1 August 2020 section 668 Education and Training Act 2020 13: Removal of memorials 1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is— a: all or part of a settlement property; and b: contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 12(2) 2: The chief executive of LINZ must issue a certificate under subsection (1) a: the settlement date, in the case of a cultural redress property (other than the urupā site) or RFR land; or b: the date (described in section 48(7) section 48(1) c: the actual deferred settlement date, in the case of a deferred selection property. 3: Each certificate must state that it is issued under this section. 4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1) a: register the certificate against each certificate of title or computer register identified in the certificate; and b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 12(2) 4: Miscellaneous matters No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019 14: Limit on duration of trusts does not apply 1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16 a: prescribe or restrict the period during which— i: the Port Nicholson Block Settlement Trust may exist in law; or ii: the trustees, in their capacity as trustees, may hold or deal with property (including income derived from property); or b: apply to a settlement document if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. 2: However, if the Port Nicholson Block Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 14 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 14(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 14(2) amended 30 January 2021 section 161 Trusts Act 2019 Timing of actions or matters 15: Timing of actions or matters 1: Actions or matters occurring under this Act occur or take effect on and from the settlement date. 2: However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date. Access to deed of settlement 16: Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. 2: Cultural redress 1: Protocols General provisions 17: Authority to issue, amend, or cancel protocols 1: Each responsible Minister may— a: issue a protocol to the trustees in the form set out in Part 1 of the documents schedule of the deed of settlement; and b: amend or cancel that protocol. 2: A protocol may be amended or cancelled under subsection (1) a: the trustees; or b: the responsible Minister. 3: The responsible Minister may amend or cancel a protocol only after consulting with, and having particular regard to the views of, the trustees. 18: Protocols subject to rights, functions, and obligations Protocols do not restrict— a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes (without limitation) the ability to— i: introduce legislation and change government policy; and ii: interact or consult with a person the Crown considers appropriate, including (without limitation) any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b: the responsibilities of a responsible Minister or a responsible department; or c: the legal rights of Taranaki Whānui ki Te Upoko o Te Ika or a representative entity. 19: Enforceability of protocols 1: The Crown must comply with a protocol while it is in force. 2: If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950 3: Despite subsection (2) 4: To avoid doubt,— a: subsections (1) and (2) b: subsection (3) subsection (2) 20: Limitation of rights 1: The DOC protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, land held, managed, or administered, or flora or fauna managed or administered, under— a: the Conservation Act 1987 b: the enactments listed in Schedule 1 2: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) held, managed, or administered under any of the following enactments: a: the Fisheries Act 1996 b: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 c: the Maori Commercial Aquaculture Claims Settlement Act 2004 d: the Maori Fisheries Act 2004 3: The Ministry for Culture and Heritage protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. Noting of DOC and fisheries protocols 21: Noting of DOC protocol 1: A summary of the terms of the DOC protocol must be noted in the conservation documents affecting the DOC protocol area. 2: The noting of the DOC protocol is— a: for the purpose of public notice only; and b: not an amendment to the conservation documents for the purposes of section 17I section 46 22: Noting of fisheries protocol 1: A summary of the terms of the fisheries protocol must be noted in fisheries plans affecting the fisheries protocol area. 2: The noting of the fisheries protocol is— a: for the purpose of public notice only; and b: not an amendment to the fisheries plans for the purposes of section 11A 3: In this section, fisheries plan section 11A 2: Statutory acknowledgement and deed of recognition Statutory acknowledgement 23: Statutory acknowledgement by the Crown 1: The Crown acknowledges the statements of association. 2: In this Act, statements of association a: made by Taranaki Whānui ki Te Upoko o Te Ika of their particular cultural, spiritual, historical, and traditional association with each statutory area; and b: that are in the form set out in Part 2 of the documents schedule of the deed of settlement at the settlement date. 24: Purposes of statutory acknowledgement 1: The only purposes of the statutory acknowledgement are to— a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga sections 25 to 27 b: require relevant consent authorities to forward summaries of resource consent applications to the trustees, as provided for in section 29 c: enable the trustees and any member of Taranaki Whānui ki Te Upoko o Te Ika to cite the statutory acknowledgement as evidence of the association of Taranaki Whānui ki Te Upoko o Te Ika with the relevant statutory areas, as provided for in section 30 2: This section does not limit sections 33 to 35 Section 24(1)(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 25: Relevant consent authorities to have regard to statutory acknowledgement 1: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to a statutory area in forming an opinion, in accordance with sections 93 to 94C 2: Subsection (1) Resource Management Act 1991 26: Environment Court to have regard to statutory acknowledgement 1: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to a statutory area in determining under section 274 2: Subsection (1) Resource Management Act 1991 27: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 1: If, on or after the effective date, an application is made under section 44 56 61 a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62 b: the Environment Court, in determining under section 59(1) 64(1) 2: In this section, archaeological site section 6 Section 27 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 28: Recording statutory acknowledgement on statutory plans 1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area. 2: The information attached to a statutory plan must include the relevant provisions of sections 23 to 31 3: The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not— a: part of the statutory plan, unless adopted by the relevant consent authority; or b: subject to the provisions of Schedule 1 29: Distribution of resource consent applications to trustees 1: Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area. 2: The information provided under subsection (1) a: the same as would be given under section 93 b: provided as soon as is reasonably practicable after each application is received, and before a determination is made on the application in accordance with sections 93 to 94C 3: The trustees may, by notice in writing to a relevant consent authority,— a: waive their rights to be notified under this section; and b: state the scope of that waiver and the period it applies for. 4: For the purposes of this section, a regional council dealing with an application to carry out a restricted coastal activity in a statutory area must be treated as if it were the relevant consent authority in relation to that application. 5: This section does not affect the obligation of a relevant consent authority to— a: notify an application in accordance with sections 93 to 94C b: form an opinion as to whether the trustees are persons who may be adversely affected under those sections. 30: Use of statutory acknowledgement 1: The trustees and any member of Taranaki Whānui ki Te Upoko o Te Ika may, as evidence of the association of Taranaki Whānui ki Te Upoko o Te Ika with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga 2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— a: relevant consent authorities: b: the Environment Court: c: Heritage New Zealand Pouhere Taonga: d: parties to proceedings before those bodies: e: any other person who is entitled to participate in those proceedings. 3: Despite subsection (2) 4: To avoid doubt,— a: neither the trustees nor members of Taranaki Whānui ki Te Upoko o Te Ika are precluded from stating that Taranaki Whānui ki Te Upoko o Te Ika have an association with a statutory area that is not described in the statutory acknowledgement; and b: the content and existence of the statutory acknowledgement do not limit any statement made. Section 30(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 30(2)(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 31: Application of statutory acknowledgement to river, stream, or harbour In relation to a statutory acknowledgement,— harbour river stream a: means— i: a continuously or intermittently flowing body of fresh water, including a modified watercourse; and ii: the bed of the river or stream; but b: does not include— i: a part of the bed of the river or stream that is not owned by the Crown; or ii: land that the waters of the river or stream do not cover at its fullest flow without overlapping its banks; or iii: an artificial watercourse; or iv: a tributary flowing into the river or stream. Deed of recognition 32: Authorisation to enter into and amend deed of recognition The Minister of Conservation may— a: enter into a deed of recognition with the trustees, in the form set out in Part 3 of the documents schedule of the deed of settlement, in respect of the land within the following statutory areas: i: Rimutaka Forest Park: ii: Wainuiomata Scenic Reserve: iii: Turakirae Head Scientific Reserve; and b: amend the deed of recognition by entering into a deed of amendment with the trustees. General provisions 33: Exercise of powers and performance of duties and functions 1: Except as expressly provided in this subpart,— a: the statutory acknowledgement and the deed of recognition do not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and b: no person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Taranaki Whānui ki Te Upoko o Te Ika with a statutory area (as described in a statement of association) than that person would give under the relevant legislation or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area. 2: Subsection (1)(b) subsection (1)(a) 34: Rights not affected Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not affect the lawful rights or interests of any person who is not a party to the deed of settlement. 35: Limitation of rights Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Consequential amendment to Resource Management Act 1991 36: Amendment to Resource Management Act 1991 1: This section amends the Resource Management Act 1991 2: Schedule 11 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009. 2009-08-05 Resource Management Act 1991 3: The Crown not prevented from providing other similar redress 37: The Crown not prevented from providing other similar redress 1: The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including— a: providing, or agreeing to introduce legislation providing or enabling, the same or similar redress to any person other than Taranaki Whānui ki Te Upoko o Te Ika or the trustees; or b: disposing of land. 2: However, subsection (1) 3: In this section, specified cultural redress 4: Vesting of cultural redress properties 38: Interpretation 1: In this Act, cultural redress property Schedule 2 a: 1 Thorndon Quay: b: 81–87 Thorndon Quay: c: the Waiwhetu Road site: d: the former Wainuiomata College site: e: the former Wainuiomata Intermediate School site: f: the former Waiwhetu School site: g: the Pipitea Marae site: h: the dendroglyph site: i: the urupā site: j: the bed of Lake Kohangatera and the Lake Kohangatera esplanade land (together comprising 1 site): k: the bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land (together comprising 1 site): l: Wi Tako Scenic Reserve: m: Point Dorset Recreation Reserve: n: the Korokoro Gateway site: o: Makaro Scientific Reserve: p: Mokopuna Scientific Reserve: q: Matiu Scientific Reserve: r: Matiu Historic Reserve. 2: In this subpart, subpart 5 Schedules 2 3 bed of Lake Kohangapiripiri Schedule 2 bed of Lake Kohangatera Schedule 2 Crown stratum Harbour Islands Kaitiaki Board section 71 Harbour Islands reserves Lake Kohangapiripiri Lake Kohangapiripiri esplanade land Schedule 2 Lake Kohangatera Lake Kohangatera esplanade land Schedule 2 lakebeds and esplanade land a: the bed of Lake Kohangatera and the Lake Kohangatera esplanade land; and b: the bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land Minister reserve site a: Wi Tako Scenic Reserve: b: Point Dorset Recreation Reserve: c: the Korokoro Gateway site: d: Makaro Scientific Reserve: e: Mokopuna Scientific Reserve: f: Matiu Scientific Reserve: g: Matiu Historic Reserve. Sites vest in fee simple 39: 1 Thorndon Quay The fee simple estate in 1 Thorndon Quay vests in the trustees. 40: 81–87 Thorndon Quay The fee simple estate in 81–87 Thorndon Quay vests in the trustees. 41: Waiwhetu Road site The fee simple estate in the Waiwhetu Road site vests in the trustees. 42: Former Wainuiomata College site The fee simple estate in the former Wainuiomata College site vests in the trustees. 43: Former Wainuiomata Intermediate School site The fee simple estate in the former Wainuiomata Intermediate School site vests in the trustees. 44: Former Waiwhetu School site The fee simple estate in the former Waiwhetu School site vests in the trustees. 45: Pipitea Marae site 1: The part of the Pipitea Marae site that was formerly Section 1 SO 406978 ceases to be held under the Public Works Act 1981 2: Any part of the Pipitea Marae site that is subject to section 15 section 9 a: subject to those sections; and b: held for the purposes specified in those sections. 3: The fee simple estate in the part of the Pipitea Marae site referred to in subsection (2) Land Act 1948 4: The fee simple estate in the Pipitea Marae site vests in the trustees. 5: Any improvements in or on the Pipitea Marae site do not vest in the trustees, despite the vesting under subsection (4) 6: The Pipitea Marae site is not rateable under the Local Government (Rating) Act 2002 section 9 46: Subsequent vesting of Pipitea Marae site in jointly established trust 1: This section takes effect only if, on or before the day that is 24 months after the settlement date, the jointly established trust— a: is registered as a charitable entity under the Charities Act 2005 b: gives written notice of that registration to the Secretary for Justice. 2: In that case, this section takes effect on— a: the day that is 5 business days after the day on which the jointly established trust gives written notice of its registration to the Secretary for Justice; or b: the settlement date, immediately after section 45 paragraph (a) 3: The fee simple estate in the Pipitea Marae site, including the improvements in or on the site, vests in the jointly established trust. 4: The unregistered first renewal of the lease previously registered as lease 146830.3 is terminated. 5: In this Act, jointly established trust a: that, on the settlement date, is incorporated under the Charitable Trusts Act 1957 b: that has been jointly established by the trustees and the Ngati Poneke Maori Association Incorporated to hold on trust the fee simple estate in the Pipitea Marae site and the improvements in or on the site. Sites vest in fee simple to be administered as Maori reservations 47: Dendroglyph site 1: The reservation of the dendroglyph site as a recreation reserve subject to section 17 2: The fee simple estate in the dendroglyph site vests in the Crown as Crown land subject to the Land Act 1948 3: The fee simple estate in the dendroglyph site vests in the trustees. 4: The dendroglyph site is set apart as a Maori reservation, as if it were set apart under section 338(1) a: for the purposes of a place of cultural and historical interest; and b: to be held for the benefit of Taranaki Whānui ki Te Upoko o Te Ika. 5: The dendroglyph site is not rateable under the Local Government (Rating) Act 2002 section 9 6: Wellington Regional Council must provide the trustees with a registrable right of way easement in favour of the dendroglyph site in the form set out in Part 4 of the documents schedule of the deed of settlement. 7: An easement granted in accordance with subsection (6) a: enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977 b: to be treated as having been granted in accordance with that Act. 48: Urupā site 1: The fee simple estate in the urupā site vests in the trustees. 2: The urupā site is set apart as a Maori reservation, as if it were set apart under section 338(1) a: for the purposes of a burial ground; and b: to be held for the benefit of Taranaki Whānui ki Te Upoko o Te Ika. 3: The urupā site is not rateable under the Local Government (Rating) Act 2002 section 9 4: However, subsections (1) to (3) a: the trustees provide MEL (West Wind) Limited with a registrable right of way easement and a registrable memorandum of encumbrance in relation to the urupā site; and b: the trustees and the Crown provide MEL (West Wind) Limited and Meridian Energy Limited with a signed deed of covenants; and c: not later than 3 years after the settlement date, any requirements under the Resource Management Act 1991 i: use the site as an urupā; and ii: form the right of way to the specifications described in the easement referred to in paragraph (a) 5: Each document referred to in subsection (4)(a) and (b) 6: An easement or encumbrance granted in accordance with subsections (4) and (5) a: enforceable in accordance with its terms, despite the provisions of Te Ture Whenua Maori Act 1993 b: to be treated as having been granted in accordance with that Act. 7: The vesting under subsection (1) a: the settlement date; or b: the date by which all the things referred to in subsection (4) Sites vest in fee simple subject to conservation covenant 49: Bed of Lake Kohangatera and Lake Kohangatera esplanade land 1: The reservation of the Lake Kohangatera esplanade land as a local purpose (esplanade) reserve subject to section 23 2: The fee simple estate in the Lake Kohangatera esplanade land vests in the Crown as Crown land subject to the Land Act 1948 3: The reservation of Lake Kohangatera as a government purpose reserve for wildlife management purposes subject to section 22 4: The fee simple estate in the bed of Lake Kohangatera and the Lake Kohangatera esplanade land vests in the trustees. 5: The bed of Lake Kohangatera and the Lake Kohangatera esplanade land is not rateable under the Local Government (Rating) Act 2002 section 9 6: Subsections (1) to (5) 7: The covenant referred to in subsection (6) a: section 77 b: section 27 50: Bed of Lake Kohangapiripiri and Lake Kohangapiripiri esplanade land 1: The part of Lake Kohangapiripiri that is Section 1 SO 406979 ceases to be held under the Public Works Act 1981 2: The reservation of the Lake Kohangapiripiri esplanade land as a local purpose (esplanade) reserve subject to section 23 3: The fee simple estate in the part of Lake Kohangapiripiri that is Section 1 SO 406979 and in the Lake Kohangapiripiri esplanade land vests in the Crown as Crown land subject to the Land Act 1948 4: Any reservation of Lake Kohangapiripiri as a government purpose reserve for wildlife management purposes subject to section 22 5: The fee simple estate in the bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land vests in the trustees. 6: The bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land is not rateable under the Local Government (Rating) Act 2002 7: Subsections (1) to (6) section 49(6) 51: Lake Kohangatera and Lake Kohangapiripiri Scientific Reserve 1: The Crown stratum above the bed of Lake Kohangatera and the bed of Lake Kohangapiripiri is declared a reserve and classified as a scientific reserve subject to section 21 2: The reserve created by subsection (1) section 16(10) 52: Lawful access or use, and recreational activities, in relation to lakes 1: Despite the vestings under sections 49(4) 50(5) a: any lawful right of access to, or use of, Lake Kohangatera or Lake Kohangapiripiri remains unaffected; and b: members of the public may carry out recreational activities in or on Lake Kohangatera or Lake Kohangapiripiri; and c: the registered proprietors of the lakebeds and esplanade land must not interfere with a member of the public carrying out a recreational activity in or on Lake Kohangatera or Lake Kohangapiripiri. 2: A recreational activity subsection (1) a: for which any enactment requires a permit, licence, or other authorisation, must be carried out in accordance with the required authorisation: b: does not include an activity that— i: is unlawful under any enactment or bylaw; or ii: involves attaching a fixture to the bed of Lake Kohangatera or the bed of Lake Kohangapiripiri; or iii: involves a risk of a significant adverse effect to Lake Kohangatera or Lake Kohangapiripiri. 3: To avoid doubt, the vestings under sections 49(4) 50(5) a: the waters of Lake Kohangatera or Lake Kohangapiripiri; or b: the aquatic life of Lake Kohangatera or Lake Kohangapiripiri (other than the plants attached to the bed of Lake Kohangatera or the bed of Lake Kohangapiripiri). 53: Existing structures in or on lakebeds and esplanade land 1: Despite the vestings under sections 49(4) 50(5) a: does not vest in the trustees; and b: may remain in or on the lakebeds and esplanade land without the consent of, and without charge by, the registered proprietors of the land; and c: may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the registered proprietors of the land. 2: However, if the owner of an existing structure removes or demolishes it, the registered proprietors may require the owner to leave the lakebeds and esplanade land concerned in a clean and tidy condition. 3: In this section and sections 54 55 existing structure 4: A structure is an existing structure 54: Determination of matters relating to existing structures Despite the vestings under sections 49(4) 50(5) a: a person's application for a resource consent or building consent under the Resource Management Act 1991 Building Act 2004 b: any attempt by a person to rectify the non-compliance of an existing structure with or under the Resource Management Act 1991 Building Act 2004 55: Liability for existing structures The registered proprietors of the lakebeds and esplanade land are not liable for an existing structure for which they would, apart from this section, be liable by reason of their ownership of any of the lakebeds and esplanade land. 56: New structures require consent 1: No person may erect or modify a structure in or on, or attach a structure to, any of the lakebeds and esplanade land, unless the registered proprietors of the land first give their written consent. 2: However, subsection (1) a: the activity relating to the structure is permitted or otherwise authorised under section 53 b: section 57 3: The registered proprietors may impose conditions on the grant of their consent, including imposing a charge. 57: Authorisations not affected 1: To avoid doubt, the vestings under sections 49(4) 50(5) a: to undertake an activity in, on, or in relation to the lakebeds and esplanade land; or b: to exercise a power or perform a function or duty in, on, or in relation to the lakebeds and esplanade land. 2: The rights and authorisations referred to in subsection (1) a: place or install, permanently or temporarily, a structure of any kind in or on the lakebeds and esplanade land; or b: enter and remain on the lakebeds and esplanade land to carry out any activity, including to gain access to, or undertake an activity on, any structure placed or installed in or on the lakebeds and esplanade land. Sites vest in fee simple to be administered as scenic, recreation, or local purpose reserves 58: Wi Tako Scenic Reserve 1: The reservation of Wi Tako Scenic Reserve as a scenic reserve subject to section 19 2: The fee simple estate in Wi Tako Scenic Reserve vests in the trustees. 3: Wi Tako Scenic Reserve is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve created by subsection (3) section 16(10) 5: Upper Hutt City Council is the administering body of the reserve for the purposes of the Reserves Act 1977 section 26 59: Point Dorset Recreation Reserve 1: The reservation of Point Dorset Recreation Reserve as a recreation reserve subject to section 17 2: The fee simple estate in Point Dorset Recreation Reserve vests in the trustees. 3: Point Dorset Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve created by subsection (3) section 16(10) 5: Wellington City Council is the administering body of the reserve for the purposes of the Reserves Act 1977 section 26 60: Korokoro Gateway site 1: The part of the Korokoro Gateway site that is a stewardship area under the Conservation Act 1987 2: The fee simple estate in the Korokoro Gateway site vests in the trustees. 3: The Korokoro Gateway site is declared a reserve and classified as a local purpose reserve, for the purpose of cultural and community facilities, subject to section 23 4: The reserve created by subsection (3) section 16(10) 5: Hutt City Council is the administering body of the reserve for the purposes of the Reserves Act 1977 section 26 6: Any improvements in or on the Korokoro Gateway site do not vest in the trustees, despite the vesting under subsection (2) Harbour Islands reserves vest in fee simple to be administered as scientific or historic reserves 61: Makaro Scientific Reserve 1: The reservation of Makaro Scientific Reserve as a scientific reserve subject to section 21 2: The fee simple estate in Makaro Scientific Reserve vests in the trustees. 3: Makaro Scientific Reserve is declared a reserve and classified as a scientific reserve subject to section 21 4: The reserve created by subsection (3) section 16(10) 62: Mokopuna Scientific Reserve 1: Mokopuna Scientific Reserve ceases to be a wildlife refuge subject to the Wildlife Act 1953 2: The reservation of Mokopuna Scientific Reserve as a scientific reserve subject to section 21 3: The fee simple estate in Mokopuna Scientific Reserve vests in the trustees. 4: Mokopuna Scientific Reserve is declared a reserve and classified as a scientific reserve subject to section 21 5: The reserve created by subsection (4) section 16(10) 63: Matiu Scientific Reserve 1: The part of Matiu Scientific Reserve that is Section 3 SO 20946 ceases to be— a: subject to section 74 b: held in trust, under that section, as a site for a lighthouse. 2: The fee simple estate in the part of Matiu Scientific Reserve that is Section 3 SO 20946 vests in the Crown as Crown land subject to the Land Act 1948 3: Any reservation of Matiu Scientific Reserve as a scientific reserve subject to section 21 4: The fee simple estate in Matiu Scientific Reserve vests in the trustees. 5: Matiu Scientific Reserve is declared a reserve and classified as a scientific reserve subject to section 21 6: The reserve created by subsection (5) section 16(10) 7: Subsections (1) to (6) 8: A lease granted in accordance with subsection (7) a: enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977 b: to be treated as having been granted in accordance with that Act. 9: Despite the vesting under subsection (4) a: do not vest in the trustees; and b: may remain in or on the land without the consent of, and without charge by, the registered proprietors of the land; and c: may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the registered proprietors. However, if the owner of an improvement removes or demolishes it, the registered proprietors of the land may require the owner to leave the land concerned in a clean and tidy condition. 10: Subsection (9)(b) and (c) subsection (7) 64: Matiu Historic Reserve 1: The reservation of Matiu Historic Reserve as a historic reserve subject to section 18 2: The fee simple estate in Matiu Historic Reserve vests in the trustees. 3: Matiu Historic Reserve is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve created by subsection (3) section 16(10) 5: Despite the vesting under subsection (2) a: do not vest in the trustees; and b: may remain in or on the land without the consent of, and without charge by, the registered proprietors of the land; and c: may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the registered proprietors. However, if the owner of an improvement removes or demolishes it, the registered proprietors of the land may require the owner to leave the land concerned in a clean and tidy condition. Application of Reserves Act 1977 to Harbour Islands reserves 65: Harbour Islands Kaitiaki Board to be administering body The Harbour Islands Kaitiaki Board— a: is the administering body of the Harbour Islands reserves for the purposes of the Reserves Act 1977 b: has the functions, obligations, and powers of an administering body under that Act, as if the reserves were vested in the Board under section 26 Schedule 3 66: Functions, obligations, and powers of Minister 1: The Minister of Conservation has, in respect of the Harbour Islands reserves, the functions, obligations, and powers that the Minister has under the Reserves Act 1977 subsection (2) Schedule 3 2: The Minister may not appoint a committee under section 9 67: Functions, obligations, and powers of Director-General 1: The Director-General is responsible for managing the Harbour Islands reserves— a: for the purposes specified in section 40(1) b: in accordance with that Act and any management plan prepared for the reserves by the Harbour Islands Kaitiaki Board. 2: The Director-General may, in performing the function under subsection (1) 68: Modified application of certain provisions of Reserves Act 1977 in relation to Harbour Islands reserves 1: Section 41 a: instead of the requirements under section 41(1) i: the Harbour Islands Kaitiaki Board must, within 24 months of becoming the administering body of the Harbour Islands reserves, prepare a management plan for the reserves; and ii: the Board must submit the management plan to the Minister and the chairperson of the Port Nicholson Block Settlement Trust for their approval; and b: the Minister and the chairperson of the Port Nicholson Block Settlement Trust may together extend the period specified in paragraph (a)(i) c: the Minister may not require the Board to review its management plan under section 41(4) d: the following provisions do not apply: i: section 41(2) ii: section 41(6)(aa) iii: section 41(7) iv: section 41(15) 2: Sections 42(1) 49 50 3: Section 58 a: section 58(a) and (d) b: the consent of the Minister is not required under section 58(b) c: the parts of the reserves used as sites for residences on the commencement of this Act are to be treated as having been set apart as sites for residences under section 58(b) 4: Section 59A Part 3B a: the reserves were vested in the Crown; and b: references to the Minister were references to the Harbour Islands Kaitiaki Board. 5: Despite section 78 Public Finance Act 1989 a: any rent, fee, royalty, or other amount received under a concession granted for a Harbour Islands reserve; and b: any other amount paid in accordance with the Reserves Act 1977 6: Section 93 officer 7: Sections 94 to 105 section 110 69: Certain provisions of Reserves Act 1977 do not apply in relation to Harbour Islands reserves Sections 8(9) and (10) 15 48 48A 58A 59(2) 64 74 78 79 80 81 88 89 90 113 114 115 70: Advice on conservation and other matters The New Zealand Conservation Authority, the Wellington Conservation Board, the Minister, and the Director-General must consult with, and have regard to the views of, the Harbour Islands Kaitiaki Board in relation to each of the following matters to the extent the matter affects the Harbour Islands reserves: a: conservation management: b: conservation policy: c: conservation documents: d: annual business planning: e: appointment of rangers. 71: Appointment of Harbour Islands Kaitiaki Board and other provisions that apply The Harbour Islands Kaitiaki Board must be appointed in accordance with, and is subject to, the provisions set out in Schedule 3 5: General provisions relating to vesting of cultural redress properties 72: Properties vest subject to, or together with, encumbrances Each cultural redress property vests under subpart 4 Schedule 2 73: Registration of ownership 1: This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees under subpart 4 2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) to (7) 3: To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must— a: register the trustees as the proprietors of the fee simple estate in the land; and b: make any entries in the register, and do all other things, that are necessary to give effect to this Part and to Part 5 of the deed of settlement. 4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,— a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees; and b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application. 5: However, subsections (6) and (7) 6: If the fee simple estate in the Pipitea Marae site has vested in the jointly established trust under section 46 a: create a computer freehold register for the fee simple estate in the property in the names of the trustees; and b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application; and c: then immediately register the jointly established trust as the proprietor of the fee simple estate in the property. 7: If the jointly established trust has not satisfied section 46(1) a: create a computer freehold register for the fee simple estate in the property in the names of the trustees; and b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application. 8: Subsection (4) 9: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than— a: 24 months after the settlement date or, in the case of the Pipitea Marae site, 26 months after the settlement date; or b: any later date that may be agreed in writing by the trustees and the Crown. 10: However, in the case of the urupā site, subsection (9) section 48(7) section 48(1) 11: In subsections (2), (4), (6), and (7) authorised person a: the chief executive of LINZ, in the case of 1 Thorndon Quay: b: the Secretary for Justice, in the case of— i: 81–87 Thorndon Quay: ii: the Waiwhetu Road site: iii: the former Wainuiomata College site: iv: the former Wainuiomata Intermediate School site: v: the Pipitea Marae site: vi: the urupā site: c: the Secretary for Education, in the case of the former Waiwhetu School site: d: the Director-General, in all other cases. 74: Application of Part 4A of Conservation Act 1987 1: The vesting of the fee simple estate in a cultural redress property in the trustees under subpart 4 Part 4A sections 24(2A) 24A 24AA 2: Despite subsection (1) a: the rest of section 24 section 58(2) 59(2) 60(2) 61(2) 62(3) 63(4) 64(2) b: Part 4A i: the bed of Lake Kohangatera and the Lake Kohangatera esplanade land under section 49(4) ii: the bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land under section 50(5) 3: If the reservation, under subpart 4 subsection (2)(a) section 24 75: Recording application of Part 4A of Conservation Act 1987 and sections of this Act 1: The Registrar-General must record on the computer freehold register for— a: a reserve site that the land is subject to Part 4A section 24 sections 74(3) 78 b: the bed of Lake Kohangatera and the Lake Kohangatera esplanade land that Part 4A c: the bed of Lake Kohangapiripiri and the Lake Kohangapiripiri esplanade land that Part 4A d: any other cultural redress property that the land is subject to Part 4A 2: A notification made under subsection (1) Part 4A section 24D(1) 3: If the reservation, under subpart 4 a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that— i: section 24 ii: the site is subject to sections 74(3) 78 b: part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) 4: The Registrar-General must comply with an application received in accordance with subsection (3)(a) 76: Application of other enactments 1: Sections 24 25 subpart 4 2: Section 11 Part 10 a: the vesting of the fee simple estate in a cultural redress property under subpart 4 b: any matter incidental to, or required for the purpose of, the vesting. 3: The vesting of the fee simple estate in a cultural redress property under subpart 4 a: limit section 10 11 b: affect other rights to subsurface minerals. 4: The permission of a council under section 348 77: Application of certain payments The Minister of Conservation may direct that any intra-Crown payment for the following sites be paid and applied in the manner specified in section 82(1)(a) a: the bed of Lake Kohangatera: b: the bed of Lake Kohangapiripiri, except Section 1 SO 406979: c: Wi Tako Scenic Reserve: d: Point Dorset Recreation Reserve: e: the Harbour Islands reserves, except the part of Matiu Scientific Reserve that is Section 3 SO 20946. Provisions relating to reserve sites 78: Subsequent transfer of reserve land 1: This section applies to all, or the part, of a reserve site that, at any time after vesting in the trustees under subpart 4 Reserves Act 1977 reserve land 2: The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law. 3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners a: comply with the requirements of the Reserves Act 1977 b: perform the duties of an administering body under that Act. 4: The Registrar-General must, upon receiving the documents specified in subsection (5) 5: The documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: the written consent of the administering body of the reserve land; and d: any other document required for registration of the transfer instrument. 6: The new owners, from the time of registration under subsection (4) a: are the administering body of the reserve land for the purposes of the Reserves Act 1977 b: hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer. 7: Despite subsections (1) and (2) a: the transferors of the reserve land are or were the trustees of a trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) 79: Revocation of reservation of reserve site If the reservation, under subpart 4 section 24 section 25 80: Trustees must not mortgage reserves The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that, at any time after vesting in the trustees under subpart 4 Reserves Act 1977 81: Saving of bylaws, etc, in relation to reserve sites 1: This section applies to any bylaw, prohibition, permit, concession, or restriction on use or access that an administering body or the Minister made or granted under the Reserves Act 1977 Conservation Act 1987 subpart 4 2: The bylaw, prohibition, permit, concession, or restriction on use or access remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987 82: Consequential repeal of enactments The following enactments are repealed: a: section 74 b: section 15 c: section 9 6: Place names 83: Interpretation In this subpart,— new place name a: means a place name to which an existing place name is altered under section 84(1) b: includes any alteration to a place name under section 86 New Zealand Geographic Board section 7 84: New place names 1: Each existing place name specified in the first column of clause 5.13 of the deed of settlement (at the settlement date) is altered to the new place name specified in the second column of that clause. 2: The alteration of an existing place name to a new place name is to be treated as having been made— a: with the approval of the New Zealand Geographic Board; and b: in accordance with the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 85: Publication of notice of new place names 1: The New Zealand Geographic Board must, as soon as practicable after the settlement date, publish a notice in the Gazette a: specifying each new place name and its location and the existing place name being altered; and b: stating that the New Zealand Geographic Board may alter the new place names or their locations in accordance with section 86 2: The New Zealand Geographic Board must, as soon as practicable after publication of the notice under subsection (1), ensure that a copy of the notice is published in accordance with the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 3: A copy of the Gazette Gazette 86: Alteration of new place names 1: Despite the provisions of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 2: Sections 84(2) 85 87: When new place name takes effect Place names altered under section 84 86 Gazette section 85(1) 3: Commercial redress 1: Transfer of deferred selection properties 88: The Crown may transfer properties 1: To give effect to Part 6 of the deed of settlement, and Part 4 of the provisions schedule of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency or, in respect of land held under the Land Act 1948 a: transfer the fee simple estate in a deferred selection property to the trustees: b: sign a transfer instrument or other document, or do any other thing to effect the transfer. 2: As soon as is reasonably practicable after the actual deferred settlement date for a deferred selection property, the chief executive of the land holding agency or, in respect of land held under the Land Act 1948 section 13 89: Registrar-General to create computer freehold register 1: This section applies to a deferred selection property to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property. 2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create a computer freehold register in the name of the Crown— a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but b: without any statement of purpose. 3: The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for a deferred selection property. 4: Despite the Land Transfer Act 1952 a: the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3) Land Transfer Act 1952 b: the Registrar-General must register the covenant in accordance with paragraph (a) 5: In this section, authorised person 90: Application of other enactments 1: Section 11 Part 10 a: the transfer to the trustees of a deferred selection property; or b: any matter incidental to, or required for the purpose of, that transfer. 2: The transfer of a deferred selection property to the trustees does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 3: The transfer of a deferred selection property to the trustees is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 4: In exercising the powers conferred by section 88 5: Subsection (4) subsections (2) and (3) 6: The permission of a council under section 348 2: Trustees' right of first refusal in relation to RFR land Interpretation 91: Interpretation In this subpart and Schedule 4 dispose of a: means to— i: transfer or vest the fee simple estate in the land; or ii: grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), for 50 years or longer; but b: to avoid doubt, does not include to— i: mortgage, or give a security interest in, the land; or ii: grant an easement over the land; or iii: consent to an assignment of a lease, or to a sublease, of the land; or iv: remove an improvement, fixture, or fitting from the land expiry date sections 94(a) 95 notice offer section 94 public work section 2 RFR land section 92 RFR land schedule RFR landowner a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and b: means a Crown body, if the body holds the fee simple estate in the land; and c: includes a local authority to whom RFR land has been disposed of under section 104(1) RFR period 92: Meaning of RFR land 1: In this subpart, RFR land a: land described in the RFR land schedule at the date of the deed of settlement if, on the settlement date,— i: the land is vested in the Crown or the Crown holds the fee simple estate in the land; or ii: a Crown body holds the fee simple estate in the land; and b: land added to the RFR land schedule by an amendment to the deed of settlement if, on the date of the amendment or the settlement date (whichever is later),— i: the land is vested in the Crown or the Crown holds the fee simple estate in the land; or ii: a Crown body holds the fee simple estate in the land and has consented in writing to the land becoming RFR land; and c: land obtained in exchange for a disposal of RFR land under section 103(1)(c) or (d) 105(a) or (c) 2: However, land ceases to be RFR land when any of the following things happen: a: the RFR landowner transfers the fee simple estate in the land to— i: the trustees (for example, under section 97 ii: any other person (including the Crown or a Crown body) under section 93(b) b: the RFR landowner transfers or vests the fee simple estate in the land to or in a person other than the Crown or a Crown body under any of sections 100 to 103 105 to 109 section 110(1) c: the RFR period ends. Restrictions on disposal of RFR land 93: Restrictions on disposal of RFR land An RFR landowner must not dispose of RFR land to a person other than the trustees unless the land is disposed of— a: under any of sections 99 to 109 section 110(1) b: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer was— i: made in accordance with section 94 ii: on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and iii: not withdrawn under section 96 iv: not accepted under section 97 Trustees’ right of first refusal 94: Requirements for offer An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees, incorporating— a: the terms of the offer, including its expiry date; and b: a legal description of the land, including any encumbrances affecting it; and c: a street address for the land (if applicable); and d: a street address, postal address, and fax number for the trustees to give notices to the RFR landowner in relation to the offer. 95: Expiry date of offer 1: The expiry date of an offer must be at least 1 month after the trustees receive notice of the offer. 2: However, the expiry date of an offer may be at least 10 business days after the trustees receive notice of the offer if— a: the trustees received an earlier offer to dispose of the land; and b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and c: the earlier offer was not withdrawn. 96: Withdrawal of offer The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted. 97: Acceptance of offer 1: The trustees may, by notice to the RFR landowner who made an offer, accept the offer if— a: it has not been withdrawn; and b: its expiry date has not passed. 2: The trustees must accept all the RFR land offered, unless the offer permits them to accept less. 98: Formation of contract 1: If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the landowner and the trustees on the terms in the offer. 2: The terms of the contract may be varied by written agreement between the landowner and the trustees. Disposals to others 99: Disposals to the Crown or Crown bodies An RFR landowner may dispose of RFR land to— a: the Crown; or b: a Crown body. 100: Disposals in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law. 101: Disposals in accordance with legal or equitable obligation An RFR landowner may dispose of RFR land in accordance with— a: a legal or equitable obligation that— i: was unconditional before the settlement date; or ii: was conditional before the settlement date but became unconditional on or after the settlement date; or iii: arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or b: the requirements, existing before the settlement date, of a gift, endowment, or trust relating to the land. 102: Disposals by the Crown under certain legislation The Crown may dispose of RFR land in accordance with— a: section 54(1)(d) b: section 563 c: section 355(3) 355AA 355AB Section 102(b) amended 1 August 2020 section 668 Education and Training Act 2020 103: Disposals of land held for public works 1: An RFR landowner may dispose of RFR land in accordance with— a: section 40(2) or (4) 41 b: section 52 105(1) 106 114(3) 117(7) 119 c: section 117(3)(a) d: section 117(3)(b) e: section 23(1) or (4) 24(4) 26 2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e) 104: Disposals of existing public works 1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2 2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes— a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. 105: Disposals for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— a: section 15 b: section 26 26A c: section 16A 24E 106: Disposals for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes. 107: Disposals to tenants The Crown may dispose of RFR land— a: that was held on the settlement date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b: under section 67 i: before the settlement date; or ii: on or after the settlement date as a renewal of a lease granted before the settlement date; or c: under section 93(4) 108: Disposals by Housing New Zealand Corporation Housing New Zealand Corporation, or any of its subsidiaries, may dispose of RFR land to any person if the Minister of Housing has given notice to the trustees that, in the Minister’s opinion, the disposal is to achieve, or assist in achieving, the Crown’s social objectives in relation to housing or services related to housing. 109: Disposals by Health New Zealand Health New Zealand (as defined in section 4 Section 109 replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 110: RFR landowner’s obligations under this subpart 1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— a: any other enactment or rule of law but, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b: any encumbrance, or legal or equitable obligation,— i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees; and ii: that the RFR landowner cannot satisfy by taking reasonable steps; and c: the terms of a mortgage over, or security interest in, RFR land. 2: Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment. 3: This subpart does not limit any of the things referred to in subsection (1). Notices 111: Notice of RFR land with computer register after settlement date 1: If a computer register is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the register has been created. 2: If land for which there is a computer register becomes RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. 3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land. 4: The notice must include the reference for the computer register and a legal description of the land. 112: Notice to trustees of disposals of RFR land to others 1: An RFR landowner must give the trustees notice of the disposal of RFR land by the landowner to a person other than the trustees. 2: The notice must be given at least 20 business days before the disposal. 3: The notice must— a: include a legal description of the land, including any encumbrances affecting it; and b: include a street address for the land (if applicable); and c: identify the person to whom the land is being disposed of; and d: explain how the disposal complies with section 93 e: include a copy of any written contract for the disposal. 113: Notice of land ceasing to be RFR land 1: This section applies if land is to cease being RFR land because— a: the RFR landowner is to transfer the fee simple estate in the land to— i: the trustees (for example, under section 97 ii: any other person (including the Crown or a Crown body) under section 93(b) b: the RFR landowner is to transfer or vest the fee simple estate in the land to or in a person other than the Crown or a Crown body under any of sections 100 to 103 105 to 109 section 110(1) 2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land. 3: The notice must— a: include a legal description of the land; and b: specify the details of the transfer or vesting of the land. 114: Notice requirements Schedule 4 a: an RFR landowner; or b: the trustees. Memorials for RFR land 115: Recording memorials on computer registers for RFR land 1: The chief executive of LINZ must issue to the Registrar-General certificates that identify— a: the RFR land for which there is a computer register on the settlement date; and b: the RFR land for which a computer register is first created after the settlement date; and c: land for which there is a computer register that becomes RFR land after the settlement date. 2: The chief executive must issue a certificate as soon as is reasonably practicable after— a: the settlement date, in the case of RFR land for which there is a computer register on the settlement date; or b: receiving a notice under section 111 3: Each certificate must state that it is issued under this section. 4: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate. 5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on the computer register for the RFR land identified in the certificate that the land is— a: RFR land as defined in section 92 b: subject to this subpart of this Act (which restricts disposal, including leasing, of the land). 116: Removal of memorials when land to be transferred or vested 1: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 113 a: identifies each allotment of that land that is contained in a computer register that has a memorial recorded on it under section 115 b: specifies the details of the transfer or vesting of the land; and c: states that it is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate. 3: If the Registrar-General receives a certificate issued under this section before registering the transfer or vesting of RFR land described in the certificate, the Registrar-General must, immediately before registering the transfer or vesting, remove a memorial recorded under section 115 4: If the Registrar-General receives a certificate issued under this section after registering the transfer or vesting of RFR land described in the certificate, the Registrar-General must, as soon as is reasonably practicable, remove a memorial recorded under section 115 117: Removal of memorials when RFR period ends 1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends, issue to the Registrar-General a certificate that— a: identifies each allotment of land that is contained in a computer register that still has a memorial recorded on it under section 115 b: states that it is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees as soon as is reasonably practicable after issuing the certificate. 3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove a memorial recorded under section 115 General provisions 118: Time limits must be strictly complied with The time limits specified in sections 93 97 119: Waiver and variation 1: The trustees may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart. 2: The trustees and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. 3: A waiver or agreement under this section is on the terms, and applies for the period, specified in it. 120: Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.

DLM2231142

2009

Financial Advisers Amendment Act 2009

1: Title This Act is the Financial Advisers Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act Financial Advisers Act 2008 2009-07-28 Financial Advisers Act 2008 4: Meaning of financial advice clarified Section 13(1) ; or g: a disclosure statement for the purposes of the Retirement Villages Act 2003. 5: Individual who is QFE employee or agent Section 17(1) qualified financial entity (the QFE QFE 6: Employer or principal of financial adviser must be registered Section 18(1) or engages employs 7: Disclosure by qualifying financial entity Section 26 1: This section applies— a: if a financial adviser ( A i: is not an authorised financial adviser; and ii: is an employee or agent of a QFE; and iii: performs a financial adviser service in relation to a category 2 product in the course of the QFE's business; or b: if a financial adviser ( A i: is not an authorised financial adviser; and ii: is an employee of a QFE; and iii: performs a financial adviser service in relation to a category 1 product of which the QFE is the issuer in the course of the QFE's business. 1A: In this section, the financial adviser service a: subsection (1)(a)(iii) b: subsection (1)(b)(iii) 8: New section 75 substituted Section 75 75: Exemption from liability for employee or agent of QFE 1: This section applies to— a: a financial adviser who— i: is not an authorised financial adviser; and ii: is an employee or agent of a QFE; and iii: performs a financial adviser service in relation to a category 2 product in the course of the QFE's business; and b: a financial adviser who— i: is not an authorised financial adviser; and ii: is an employee of a QFE; and iii: performs a financial adviser service in relation to a category 1 product of which the QFE is the issuer in the course of the QFE's business. 2: A financial adviser to whom this section applies is exempt from liability under this Act for contravention of a financial adviser obligation. 9: Commissioner's approval of draft code Section 88(3) subsection section 10: Investigation by Commission Section 97(2) it investigate a complaint if 11: Content of disciplinary committee's notice of complaint Section 100 Commission's disciplinary committee's 12: Offence of performing financial adviser service without being registered Section 114(1) performs a financial adviser service without being registered , without being registered, performs a financial adviser service that under this Act only a registered financial adviser may perform 13: Right of appeal Section 138(1)(a)(ii) 67(4): or 67(4); or 14: Territorial scope Section 157 by a person in New Zealand, 15: New section 161A inserted The following section is inserted immediately before section 162 161A: Financial Service Providers (Registration and Dispute Resolution) Act 2008 amended 1: This section amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008. 2: Section 7(2)(m) is amended by adding , except to the extent that an individual may be required to be registered in order to perform a financial adviser service under the Financial Advisers Act 2008 16: Securities Markets Act 1988 amended Section 164(6)

DLM1888300

2009

Corrections (Contract Management of Prisons) Amendment Act 2009

1: Title This Act is the Corrections (Contract Management of Prisons) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Corrections Act 2004 2009-12-08 Corrections Act 2004 1: Amendments to allow contract management of prisons 4: Interpretation Section 3(1) prison management contract section 198(1) . 5: New sections 198 to 199K substituted Sections 198 199 198: Management of prisons under contract 1: The chief executive may from time to time, in the name and on behalf of the Crown, enter into a contract with any other person for the management, by that other person, of a corrections prison. 2: The chief executive must not, without the prior written consent of the Minister in each case,— a: enter into a prison management contract; or b: agree to an extension of the term of a prison management contract. 3: No prison may be managed by a person other than the Crown except under a prison management contract. 1954 No 51 s 4A 199: Requirements of prison management contracts 1: Every prison management contract must provide for— a: objectives and performance standards for the contractor in relation to the management of the prison that are no lower than the standards applicable to prisons managed by the department; and b: objectives and performance standards for the contractor in relation to the management and care of prisoners in the prison that are no lower than the standards applicable to prisoners in prisons managed by the department; and c: the appointment or engagement by the contractor of— i: a suitable person as manager of the prison, which appointment or engagement must be subject to approval by the chief executive; and ii: sufficient suitable staff members to enable the contractor to carry out the contractor's statutory and contractual obligations in relation to the prison; and d: the training to be provided, at the expense of the contractor, to staff members of the prison, which training must be— i: to the standard appropriate for the particular position; and ii: to a standard no lower than the standard of training received by staff members of prisons managed by the department; and e: the co-ordination of services and processes of the prison with those of prisons managed by the department and by other contractors, including any co-ordination necessary for the operation of any systems established to implement the requirements of sections 47 and 48; and f: the arranging and maintenance by the contractor of adequate insurance against the contractor's liability for any claims arising out of, or in connection with, the contract; and g: the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the contractor or any staff member of the prison, of any power, duty, or function conferred or imposed by or under the contract, or by or under this Act or any regulations made under this Act; and h: the provision by the contractor of programmes designed— i: to ascertain and address the causes of prisoners' offending; and ii: to assist the reintegration of prisoners into society; and i: the respective obligations (including financial obligations) of the parties to the contract in relation to any voluntary organisations that undertake work in the prison; and j: the management of the prison pending the resolution of any dispute between the chief executive and the contractor in relation to the prison; and k: the termination of the contract for breach of contract; and l: the obligations of the contractor, in the event of the termination or expiry of the contract, to co-operate with the chief executive and to comply with any instructions issued by the chief executive in order to ensure the orderly and efficient transfer of the management of the prison. 2: Every prison management contract must impose on the contractor, in relation to the management of the prison, a duty to comply with— a: the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196, in so far as those requirements are applicable to contract prisons; and b: the requirements of the New Zealand Bill of Rights Act 1990, as if the prison were a prison managed by the department; and c: the requirements of the Public Records Act 2005, as if records relating to the prison and to prisoners in the prison were records created or received by the department; and d: all relevant international obligations and standards; and e: the requirements of sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the contractor were the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract prison. 3: A prison management contract may contain other provisions, as agreed between the chief executive and the contractor, that are not inconsistent with— a: this Act; or b: any regulations made under this Act; or c: any instructions or guidelines issued by the chief executive under section 196 that are or will be applicable to the prison. 1954 No 51 s 4B 199A: Delegation of powers and functions of contractor Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, those sections of that Act apply in relation to a contract prison as if— a: the contractor were the chief executive of the department; and b: each staff member of the prison were an employee of the department. 1954 No 51 s 3A 199B: Liability of contractor 1: The Crown is entitled to be indemnified by a contractor— a: against any claim arising out of any act or omission of the contractor, or the contractor's employees or agents, for which the Crown is held liable (in whole or in part); and b: for any act or omission of the contractor, or the contractor's employees or agents, that results in damage to, or loss of, any property of the Crown. 2: For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor's employees or agents, neither the contractor nor the contractor's employees or agents are to be treated as agents of the Crown. 3: This section does not limit any other right to indemnification that may be provided in a prison management contract. 1954 No 51 s 4C 199C: Subcontractors 1: A contractor may subcontract any of its management responsibilities under a prison management contract only with the prior written approval of the chief executive and only to the extent permitted by an approval of that kind. 2: An approval granted by the chief executive under subsection (1) may be granted subject to any conditions that the chief executive thinks fit. 3: If, with the approval of the chief executive, any management responsibility of a contractor under a prison management contract is subcontracted to any person, the provisions of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196, in so far as those provisions relate to that management responsibility, apply to the subcontractor as if that subcontractor were the contractor. 1954 No 51 s 4E 199D: Reporting responsibilities 1: If there is any variation of the controlling interests in a contractor, that contractor must promptly give notice of that variation to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a). 2: The manager of a contract prison must, at any intervals (not exceeding 4 months) that are determined by the chief executive, arrange for written reports on the following matters to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a): a: the training provided to staff members of the prison (including the amount and quality of that training), and the level of training achieved by those staff members: b: the number and nature of complaints made by prisoners at the prison, and how those complaints were resolved: c: the number and nature of any incidents in the prison involving— i: violence against any person; or ii: self-inflicted injuries to prisoners of the prison: d: the programmes provided for prisoners at the prison, and the extent of attendance at, and completion of, those programmes by prisoners: e: the employment provided for prisoners by or at the prison: f: the skills gained by prisoners as a result of employment or education provided by or at the prison: g: the compliance, by staff members of the prison, with the requirements of sections 83, 84, 85, 87, and 88: h: the exercise, by officers of the prison, of the powers conferred by sections 98 to 101: i: the number and nature of— i: any disciplinary proceedings taken against prisoners at the prison; and ii: any disciplinary actions taken against staff members of the prison: j: the reasons for, and outcomes of, disciplinary proceedings or disciplinary actions, including any penalties imposed: k: the operation of random-testing programmes in the prison: l: any matters relating to the financial management of the prison that the chief executive from time to time determines, which may include the provision of financial forecasts and audited accounts: m: any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or any other enactment. 3: The manager of a contract prison must, promptly after the occurrence in that prison of any of the events specified in subsection (4), arrange for a written report on that occurrence to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a). 4: The events are— a: any escape or attempted escape by a prisoner: b: the death of a prisoner. 5: Nothing in subsections (1) to (4) limits any other duty to report that is imposed by or under any prison management contract or by or under any other provision of this Act or of any other enactment. 1954 No 51 s 4F 199E: Monitors 1: The chief executive— a: must appoint, under the State Sector Act 1988, 1 monitor in respect of each contract prison; and b: may appoint, under the State Sector Act 1988, 1 or more additional monitors in respect of a contract prison, to assist the monitor appointed under paragraph (a) 2: The chief executive may appoint, under the State Sector Act 1988, 1 or more monitors for particular purposes specified by the chief executive. 3: The monitor appointed under subsection (1)(a) a: is responsible to the chief executive for the assessment and review of the management of that prison; and b: must report to the chief executive, at any intervals (not exceeding 4 months) that are determined by the chief executive, and at any other time that the monitor considers appropriate, on— i: the management of that prison; and ii: whether or not the contractor responsible for the management of that prison is complying with that contractor's prison management contract and with the provisions of this Act, and any regulations made under this Act, and any instructions or guidelines issued by the chief executive under section 196 that are applicable to the prison. 4: A monitor appointed under subsection (1)(a) 5: A monitor appointed under subsection (2) 6: The office of monitor may be combined with any other office, appointment, or position if the chief executive is satisfied that the duties of that other office, appointment, or position are not incompatible with the duties of a monitor. 7: The chief executive must ensure a regular change of the monitor or monitors appointed under subsection (1) 1954 No 51 s 4G 199F: Accommodation and access 1: Every contractor must ensure that there is available in the contract prison managed by that contractor suitable office accommodation for use by the monitor or monitors appointed under section 199E(1) 2: Every contractor must ensure that any monitor has free and unfettered access at all times to— a: every part of the contract prison managed by that contractor; and b: all prisoners in that prison; and c: all persons who work in that prison, but only when they are actually in the prison; and d: all records held by the contractor that relate to— i: that prison; or ii: any prisoner or former prisoner; or iii: any staff member or former staff member of that prison. 3: Despite subsection (2), a monitor must not be given access to the medical records of any person unless that person consents to that access. 1954 No 51 s 4H 199G: Monitors to report on certain matters 1: Without limiting section 199E(3) a: determinations made under Part 1 of the Parole Act 2002 of— i: the start date, expiry date, non-parole period, and release date of sentences; and ii: the parole eligibility date and statutory release date of offenders: b: calculations made under Part 1 of the Parole Act 2002 of how much time an offender has served under a sentence of imprisonment, including records and determinations of how much time an offender has spent in pre-sentence detention: c: reports made by the manager of the prison for the purposes of section 43(1) of the Parole Act 2002: d: in respect of sections 57 to 61 of this Act,— i: compliance by officers of that prison with the requirements of those sections; and ii: if any function, duty, or power of the chief executive under those sections has been delegated to any officer or officers of that prison, the performance of that function or duty, or the exercise of that power: e: work undertaken by prisoners at the direction of the prison manager under section 66: f: decisions made by the prison manager (whether or not under delegated authority) under— i: sections 53 and 54 (which relate to the transfer of prisoners); and ii: sections 62 to 64 (which relate to the temporary release from custody of prisoners and the temporary removal of prisoners from prison): g: decisions of officers of the prison to apply, under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, for an assessment of a prisoner: h: the procedures in place to assess— i: the suitability of persons for appointment or engagement under section 11(2) and (4) in the prison; and ii: the ongoing suitability of persons so appointed or engaged: i: the matters in respect of which the monitor is entitled to receive a report under section 199D(2) or (3). 2: Without limiting section 199E(3), a monitor appointed in respect of a contract prison under section 199E(1)(a) may, at the request of the chief executive or on the monitor's own initiative, investigate any matter relating to that prison, or any prisoner in that prison, and report to the chief executive the results of that examination. 3: A monitor appointed in respect of a contract prison under section 199E(1)(b) section 199E(1)(a) 4: A monitor appointed for a particular purpose under section 199E(2) 1954 No 51 s 4I 199H: Control of contract prison in emergency 1: This section applies if the chief executive believes, on reasonable grounds,— a: that either— i: there exists in respect of any contract prison an emergency affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; or ii: there is an imminent threat of such an emergency; and b: that the contractor responsible for the management of that prison is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive. 2: If this section applies, the chief executive may take over the management of the contract prison from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive— a: has and may exercise and perform, in respect of the prison, all the powers, functions, and duties that would otherwise be exercisable or performed by the contractor: b: has all other powers that are necessary or desirable. 3: If the chief executive takes over the management of a contract prison under this section, the chief executive must immediately give written notice to the contractor of that action, and of the reasons for that action. 4: Without limiting any other remedy available to the chief executive (whether under the prison management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circumstances,— a: the chief executive is entitled to be reimbursed by the contractor for any costs and expenses incurred in taking that action; and b: those costs and expenses are recoverable as a debt due to the Crown. 5: This section applies despite anything in any prison management contract, and nothing in this section limits or affects— a: any other right or remedy available to the chief executive or the Crown, whether under any prison management contract or otherwise; or b: any liability of the contractor under the prison management contract or otherwise. 6: Neither the chief executive, nor the Crown, nor any other person acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief executive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith. 1954 No 51 s 4J 199I: Prison management contracts to be presented to House of Representatives 1: Within 12 sitting days after a prison management contract is entered into, the Minister must present a copy of that contract to the House of Representatives. 2: Within 12 sitting days after a prison management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representatives. 1954 No 51 s 4L 199J: Release of prisoner information to and by contract prisons 1: For the purposes of enabling the chief executive or any staff member of the department to exercise or perform any of his or her powers, duties, or functions, the chief executive or any staff member of the department may access any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by a contract prison and that relates to that contract prison or to any prisoner. 2: For the purposes of enabling any staff member of a contract prison to exercise or perform any of his or her powers, duties, or functions, any staff member of a contract prison may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by the department and that relates to any prisoner. 3: If the department is authorised by any enactment to access or to disclose information relating to any prisoner,— a: a staff member of a contract prison is authorised to access or disclose that information as if the contract prison were a part of the department; and b: the chief executive may require the contractor to access or disclose that information. 1954 No 51 s 41G 199K: Transferring staff who are contributors to Government Superannuation Fund 1: This subsection applies to any person who— a: is employed by a contractor to work in a contract prison; and b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956. 2: A person to whom subsection (1) applies is deemed to continue to be employed in the Government service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison. 3: The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (1) and (2) 4: This subsection applies to any person who— a: is employed by a contractor to work in a contract prison; and b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 6B of the Government Superannuation Fund Act 1956. 5: A person to whom subsection (4) applies is deemed to continue to be a member of the Prisons Service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison. 6: The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (4) and (5) 7: Subject to the Government Superannuation Fund Act 1956, nothing in subsections (1) to (6) 8: For the purposes of applying the Government Superannuation Fund Act 1956 to a person who is a contributor to the Government Superannuation Fund, and who is in the service of a contractor, the term controlling authority 6: Sections 209 to 220 and heading above section 209 repealed Sections 209 to 220 section 209 2: Transitional provision and consequential amendments 7: Transitional matters 1: Any transfer of the management of a prison between the department and a contractor does not affect the completion of a matter or thing that relates, or the bringing or completion of proceedings that relate, to an existing right, interest, title, immunity, or duty. 2: Despite subsection (1), the contractor and the chief executive, in the name and on behalf of the Crown, may make any arrangements that they consider necessary or desirable to determine the respective liabilities of the Crown and the contractor in relation to any matter referred to in subsection (1). 8: Consequential amendments 1: The principal Act Part 1 2: The enactments specified in Part 2 2009-12-08 Corrections Regulations 2005 District Courts Act 1947 Juries Act 1981

DLM2307000

2009

Biosecurity Amendment Act 2009

1: Title This Act is the Biosecurity Amendment Act 2009. 2: Commencement This Act comes into force 1 year after the date on which it receives the Royal assent unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 22 April 2010 Biosecurity Amendment Act 2009 Commencement Order 2010 3: Principal Act amended This Act amends the Biosecurity Act 1993 SR 2010/65 2010-04-22 Biosecurity Act 1993 Brought into force by Biosecurity Amendment Act 2009 Commencement Order 2010 (SR 2010/65). 4: Interpretation Section 2(1) border infringement offence infringement fee infringement offence . 5: Penalties Section 157(7) $400 $1,000 6: Certain clearance offences may be proceeded with by way of infringement notice 1: Section 159 Proceedings for infringement offences 2: Section 159(1) an offence against section 154(p) of this Act an infringement offence (other than a border infringement offence) 3: Section 159(3) b: the amount of the infringement fee for the offence; and . 7: Certain declaration offences may be proceeded with by way of accelerated infringement notice procedure 1: Section 159A Accelerated infringement notice procedure for border infringement offences 2: Section 159A(1) an offence against section 154(s) a border infringement offence 3: Section 159A(4) b: the amount of the infringement fee for the offence; and . 8: Regulations Section 165(1) va: prescribing any offences against or under this Act as infringement offences: vb: specifying that an infringement offence is a border infringement offence if it is committed— i: in a biosecurity control area at a port approved as a place of first arrival under section 37; or ii: at a port approved for the arrival of a craft under section 37A: vc: prescribing the infringement fee payable for each infringement offence, which may not exceed $1,000: vd: prescribing the form of, and any additional particulars required in, an infringement notice for a border infringement offence or an infringement offence: .

DLM2473202

2009

Bail Amendment Act 2009

1: Title This Act is the Bail Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act Bail Act 2000 2009-10-28 Bail Act 2000 4: Rules as to granting bail Section 7(2) section 49(1)(a) or section 49(1)(b) section 49 5: Consideration of just cause for continued detention Section 8(5) section 49(1)(a) or (b) section 49 6: Defendant admitted to bail by Police employee 1: Section 21(2) section 49(1)(a) or section 49(1)(b) section 49 2: Section 21 4A: If a person charged with a domestic violence offence is granted bail under this section, the Police employee who takes the bail bond of that person may impose— a: any condition that he or she considers reasonably necessary to protect— i: the victim of the alleged offence; and ii: any particular person residing with the victim: b: any condition that may otherwise be imposed under subsections (3) and (4). 4B: In this subsection and subsection (4A) domestic relationship domestic violence offence violence 7: Bail and breach of protection order Section 23(4) subsection (1)(a) or subsection (1)(b) of

DLM1936302

2009

Sentencing Amendment Act 2009

1: Title This Act is the Sentencing Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Principal Act amended This Act amends the Sentencing Act 2002 2009-12-01 Sentencing Act 2002 4: Purpose The purpose of this Act is to establish a regime for the forfeiture of instruments of crime as part of the sentencing process. 5: Application The amendments made to the Sentencing Act 2002 6: Interpretation Section 4(1) forfeiture order section 5(1) instrument forfeiture order section 142N instrument of crime a: means property used (wholly or in part) to commit, or to facilitate the commission of, a qualifying instrument forfeiture offence; and b: includes, in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1) or (2A) of the Terrorism Suppression Act 2002, funds (as defined in section 4(1) of that Act) allocated for the purpose of committing that offence qualifying instrument forfeiture offence a: means an offence punishable by a maximum term of imprisonment of 5 years or more; and b: includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more tainted property section 5(1) . 7: New heading and new section 10B inserted The following heading and section are inserted after section 10A Taking account of instrument forfeiture order or successful application for relief 10B: Court must take into account instrument forfeiture order or successful application for relief 1: In sentencing or otherwise dealing with an offender convicted of a qualifying instrument forfeiture offence, the court must take into account— a: any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence: b: any forfeiture of that property by any other order or means arising from the offender’s conviction: c: any order for relief made under section 142L or 142M d: the nature of the relationship between that person and the offender: e: the likely benefit to the offender of any order referred to in paragraph (c) 2: In deciding the weight to be given to any matter referred to in subsection (1)(a), (b), or (d) a: the value of the property that is the subject of the instrument forfeiture order or that is otherwise forfeited: b: the nature and extent of the offender’s interest in that property. 3: Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until— a: any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or b: any appeal or application for relief in relation to an instrument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2009 has been determined. 8: Power of adjournment for inquiries as to suitable punishment Section 25(1) da: to determine whether to impose an instrument forfeiture order and, if so, the terms of that order: . 9: Access to reports Section 29(1) or section 142F section 33 10: New heading and sections 142A to 142Q inserted The following heading and sections are inserted after section 142 Instrument forfeiture orders 142A: Interpretation of terms used in sections 142B to 142Q For the purposes of sections 142B to 142Q Commissioner prosecutor section 5(1) 142B: Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence If a person is convicted of a qualifying instrument forfeiture offence and any property was used to commit, or to facilitate the commission of, that offence, the prosecutor must, if in the prosecutor’s opinion the court should consider whether to make an instrument forfeiture order in respect of that property, notify the court in writing of— a: the details of that property: b: the name and identifying details of any person (other than the offender) who, to the knowledge of the prosecutor, has an interest in the property. 142C: Duties of court on notification On receiving notice under section 142B a: must direct the prosecutor to issue and serve any notice required by section 142E b: may direct the prosecutor to report further information to the court under section 142F 142D: Notice of possible instrument forfeiture order may be recorded on registers 1: Subsection (2) section 142C a: title to that property; or b: charges over that property. 2: If this subsection applies, the court may order any authority responsible for administering an enactment of the kind referred to in subsection (1) Authority 3: The court must order an Authority to cancel an entry made on a register under subsection (2) a: the matter to which the entry relates is finally determined and the relevant appeal period (defined in section 73(3) section 85 b: proceedings to which the entry relates are discontinued for any reason. 1991 No 120 s 16(2), (3) 142E: Duties of prosecutor as to service 1: If a court gives a direction under section 142C section 142B a: that the property may be made the subject of an instrument forfeiture order: b: that the person may, within 10 working days of the date of the notice, apply to the court for relief: c: of the grounds set out in section 77(1) 2: A notice given under subsection (1) section 142C 142F: Court may require further information The court may, for the purposes of determining whether to make an instrument forfeiture order or an order for relief from an instrument forfeiture order, or for the purposes of determining the terms of an instrument forfeiture order or an order for relief from an instrument forfeiture order, direct the prosecutor, the offender, or any person who applies for relief to provide further information to the court about— a: the value of the property that comprises the instrument of crime: b: the nature, extent, and value of the offender’s interest in the property that comprises the instrument of crime: c: the name of any other person with an interest in the instrument of crime, the nature and extent of that person’s interest, and whether or not that person has been notified of the proceedings: d: the name of any person who may suffer undue hardship if the property is confiscated and the nature of that hardship: e: any other matter specified by the court. 142G: Independent valuation of property For the purposes of determining the value of an instrument of crime, a court may, at its own discretion or at the request of either party to the proceedings or any person who claims to have an interest in the property, seek an independent valuation as to the value of the property or any interest in the property. 142H: Court may order declaration of ownership to be completed 1: If a court is considering whether or not to make an instrument forfeiture order, the court may order that the offender, or any other person, complete a declaration of ownership before making the order. 2: The declaration of ownership must specify— a: whether the offender owns, or has any interest in, the property in question at the relevant date; and b: whether any other person owns, or has any interest in, the property at the relevant date, and, if so, the name of that person and the nature of that interest; and c: whether the offender has ceased to be the owner of, or to have any interest in, the property in question at any time subsequent to the commission of the offence but before the date of his or her conviction; and d: if the offender has disposed of his or her interest in the property in question during the period referred to in paragraph (c) 3: If a court does not make an order under this section that does not affect the validity of any other order of the court. 4: In this section, relevant date 142I: Determining ownership of property For the purpose of determining the nature and extent of any person’s interest in an instrument of crime, the court may apply the provisions of section 58 142J: Applications for relief from instrument forfeiture order 1: Any person (other than the offender) may make an application for relief from an instrument forfeiture order. 2: An application by any person for relief must be made to the court that convicted the offender— a: on either of the grounds set out in section 77(1) b: in the prescribed form (if any); and c: within— i: the time specified in the notice served on the person under section 142E ii: if no notice is served on the person, 15 working days after the day on which the offender was convicted of the qualifying instrument forfeiture offence; or iii: the time allowed by the court, if the court grants an application by the person to make an application for relief after the time by which such an application must be made under subparagraph (i) or (ii). 3: An applicant for relief from an instrument forfeiture order must serve notice of that application on— a: the prosecutor: b: the offender: c: the Commissioner: d: the Official Assignee: e: any other person whom the applicant has reason to believe may— i: have an interest in the property that is the subject of the application; or ii: suffer undue hardship as a consequence of the forfeiture of the property: f: any specified person or class of persons in respect of whom the court directs the applicant to serve notice of the application. 4: An applicant for relief must provide the court and the prosecutor with a list of persons on whom notice of the application has been served. 142K: Hearings concerning instrument forfeiture orders 1: If a court issues a direction under section 142C section 142J 2: At the hearing, the prosecutor, the offender, any person making an application for relief from an instrument forfeiture order, and any other person who claims to have an interest in the property that may be the subject of the instrument forfeiture order or who believes that he or she may suffer undue hardship if the property is forfeited, may be heard. 3: If a hearing is not held under subsection (1) subsection (2) 142L: Court may grant relief from instrument forfeiture order to applicant who establishes interest in property 1: This section applies if— a: a person applies to the court under section 142J section 77(1)(a) b: the court is satisfied, following a hearing under section 142K i: has an interest in the property to which the instrument forfeiture order relates; and ii: was not involved in the qualifying instrument forfeiture offence to which the order relates. 2: If this section applies, the court must make an order— a: declaring the nature, extent, and value of the applicant’s interest in the property; and b: either— i: directing the Crown to transfer the interest to the applicant; or ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court; or iii: directing that the interest not be included in an instrument forfeiture order made in respect of the proceedings that gave rise to the application; or iv: determining, in accordance with section 142N 3: Despite subsection (2) subsection (2) a: the applicant was, in any respect, involved in the commission of the offence in respect of which forfeiture of the property is or was under consideration; or b: if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value. 4: The court must not make an order under subsection (2)(b)(ii) subsection (2)(b)(i) or (iii) 142M: Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship 1: This section applies if a person applies to the court under section 142J section 77(1)(b) 2: If the court is satisfied that, having regard to all the circumstances, undue hardship is likely to be caused to the person making the application or to another person (other than the offender), by the operation of an instrument forfeiture order, the court— a: may order that the person is entitled to be paid a specified amount out of the proceeds of sale of the property, being an amount that the court thinks is necessary to prevent undue hardship to that person; and b: if the person is under 18 years, may make additional orders for the purpose of ensuring the proper application of an amount to be paid to that person. 3: The circumstances a court may have regard to under subsection (2) a: the use that is ordinarily made, or was intended to be made, of the property that would be the subject of the instrument forfeiture order; and b: the nature and extent of any person’s interest in the property; and c: any other matter relating to the nature and circumstances of the qualifying instrument forfeiture offence to which the property relates. 1991 No 120 ss 15(2), 18 142N: Instrument forfeiture orders 1: Following a hearing under section 142K section 142B 2: In considering whether or not to make an instrument forfeiture order under subsection (1) a: any matter raised in an application for relief under section 142J b: the use that is ordinarily made, or was intended to be made, of the instrument of crime; and c: any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and d: the nature and extent of the offender’s interest in the instrument of crime (if any), and the nature and extent of any other person’s interest in it (if any); and e: in addition to the matters referred to in section 77(1) 3: A court that makes an instrument forfeiture order may, if it considers that it is appropriate to do so, by order,— a: declare the nature, extent, and value of any person’s interest in an instrument of crime; and b: declare that the instrument forfeiture order may, to the extent to which it relates to the interest, be discharged under section 85 4: If the court orders that property (other than money) be forfeited to the Crown, the court must specify in the order the amount that it considers to be the value of the property at the time the order is made. 5: If a court makes an instrument forfeiture order, the court may give any directions that are necessary or convenient for giving effect to the order. 142O: Offence of providing false or misleading information under section 142F Every person is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who provides false or misleading information to a court in response to a direction under section 142F 142P: Evidence in instrument forfeiture order proceedings In determining whether or not to make an instrument forfeiture order under section 142N a: documents, exhibits, or other things connected with the proceedings that the court considers relevant; and b: notes or transcripts of evidence admitted in the proceedings. 1991 No 120 s 14(1) 142Q: Relationship with other provisions in Act Nothing in sections 142A to 142P

DLM1524700

2009

Building Amendment Act 2009

1: Title This Act is the Building Amendment Act 2009. 2: Commencement 1: Sections 7(2) 10 to 14 18 20 to 24 26 2: Sections 5 6 7(1) 8 9 15 to 17 19 25 27 to 29 3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(2) brought into force 1 February 2010 Building Amendment Act 2009 Commencement Order 2009 1: Preliminary provisions 3: Principal Act amended This Act amends the Building Act 2004 2009-08-01 Building Act 2004 2010-01-31 Building Act 2004 OIC SR 2009/407 2010-02-01 Building Act 2004 ss 5, 6, 7(1), 8, 9, 15 to 17, 19, 25, 27 to 29 4: Purpose The purpose of this Act is to reduce the compliance requirements under the principal Act and improve the efficiency of the building consent process by, among other things,— a: allowing for national multiple-use approvals; and b: introducing a more efficient process for dealing with minor variations to building consents. 2: Amendments to principal Act 5: Interpretation Section 7 minor customisation section 402(1)(kc) minor variation section 402(1)(kd) national multiple-use approval section 30F . 6: Role of chief executive Section 11 ba: determines applications for national multiple-use approvals; and . 7: Outline of this Part 1: Section 15(1) ba: the effect of a national multiple-use approval and how to apply for one: . 2: Section 15(1) c: when a project information memorandum is required and how to apply for one: . 8: How compliance with building code is established 1: Section 19(1) ca: a current national multiple-use approval issued under section 30F . 2: Section 19(1)(d) any every 9: New heading and sections 30A to 30H inserted The following heading and sections are inserted after section 30 National multiple-use approvals 30A: National multiple-use approval establishes compliance with building code 1: A national multiple-use approval establishes that the plans and specifications to which it relates comply with the building code. 2: To avoid doubt, a national multiple-use approval does not confer the right to carry out building work that requires a building consent. 30B: How to apply for national multiple-use approval 1: An application for a national multiple-use approval must— a: be made in writing; and b: be given, in the prescribed form and manner (if any), to the chief executive; and c: contain the prescribed information (if any); and d: be accompanied by plans and specifications that are— i: required by regulations made under section 402; or ii: if the regulations do not so require, required by the chief executive; and e: if the application relates to building work for which a compliance schedule is required, be accompanied by a list of all specified systems for the building; and f: contain or be accompanied by any other information that the chief executive reasonably requires. 2: An application for an amendment to a national multiple-use approval must be made as if it were an application for a national multiple-use approval, and sections 30A to 30H 30C: Applications for national multiple-use approval relating to design work that is restricted building work 1: This section applies if an application for a national multiple-use approval is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act. 2: The design work referred to in subsection (1) must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work. 3: The plans and specifications that contain the design work referred to in subsection (1) must be accompanied by a memorandum— a: provided by 1 or more licensed building practitioners who carried out or supervised that design work; and b: that identifies that design work; and c: that states— i: that the design work complies with the building code; or ii: whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are. 30D: Chief executive must decide whether to accept, for processing, application for national multiple-use approval 1: The chief executive must, as soon as practicable after receiving an application for a national multiple-use approval,— a: decide whether to accept that application for processing; and b: give written notice of his or her decision to the applicant; and c: if the chief executive decides to refuse to accept the application for processing, state the reasons for the refusal in the notice given under paragraph (b). 2: The chief executive may require further reasonable information in respect of the application. 3: The chief executive may refuse to accept for processing an application for a national multiple-use approval only if the chief executive is satisfied, on reasonable grounds, that the application— a: does not meet the requirements of this Act; or b: includes a building method or product in relation to which the chief executive has publicly notified a ban under section 26; or c: does not meet the prescribed eligibility criteria (if any) for a national multiple-use approval. 30E: Processing application for national multiple-use approval 1: The chief executive must, after accepting for processing an application for a national multiple-use approval, decide whether to— a: issue the national multiple-use approval; or b: refuse to issue the national multiple-use approval. 2: If regulations made under section 402(1)(kb) 3: The chief executive may require further reasonable information in respect of an application for a national multiple-use approval before making the decision referred to in subsection (1), and any prescribed period of time within which that decision must be made is suspended until the chief executive receives that information. 30F: Issue of national multiple-use approval 1: The chief executive must issue a national multiple-use approval if he or she is satisfied, on reasonable grounds, that— a: the application meets the requirements of section 30B b: the applicant has paid the prescribed fee (if any); and c: the application meets the prescribed eligibility criteria for a national multiple-use approval (if any); and d: the application does not involve the use of a building method or product in relation to which the chief executive has publicly notified a ban under section 26; and e: if building work were properly completed in accordance with the plans and specifications that accompanied the application, that building work would comply with the building code. 2: A national multiple-use approval may be issued subject to— a: a waiver or modification of the building code; and b: 1 or more conditions, including, but not limited to, conditions that the approval applies only— i: in specified regions; or ii: in specified climates or conditions; or iii: to specified aspects of the building work; or iv: if the building work complies with specified requirements. 30G: Refusal to issue national multiple-use approval If the chief executive is not satisfied of the matters in section 30F a: the refusal; and b: the reasons for the refusal. 30H: Suspension or revocation of national multiple-use approval 1: The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that— a: the approval was obtained by fraud, misrepresentation, or the concealment of facts; or b: the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or c: building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code. 2: Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard. 3: When suspending a national multiple-use approval, the chief executive must— a: give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and b: lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period. 4: Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if— a: amendments are made to— i: the prescribed eligibility criteria for a national multiple-use approval; or ii: the building code; and b: the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments. 5: The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force. 6: The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals. 10: Building consent authority must apply for project information memorandum Section 31(2)(a) (in which case the territorial authority must issue the project information memorandum for the building work and provide a copy of the memorandum to the owner) 11: Content of project information memorandum Section 35 1AA: A project information memorandum must be issued in the prescribed form (if any). 12: New section 36 substituted Section 36 36: Territorial authority may issue development contribution notice 1: This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner. 2: The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development contribution is paid ( development contribution notice 3: The development contribution notice must be— a: attached to the project information memorandum; or b: if no project information memorandum has been applied for, provided to the building consent authority. 13: Territorial authority must attach additional certificate to project information memorandum 1: Section 37 Territorial authority must issue certificate if resource consent required 2: Section 37(1)(b) or an application for a building consent memorandum 3: Section 37(2) attach to the project information memorandum issue 4: Section 37 3: The certificate must be— a: attached to the project information memorandum; or b: if no project information memorandum has been applied for, provided to the building consent authority. 14: New section 39 substituted Section 39 39: Territorial authority must advise New Zealand Historic Places Trust in certain circumstances 1: This section applies if— a: an application for a project information memorandum, or for a building consent, affects a registered historic place, historic area, wāhi tapu, or wāhi tapu area; and b: the territorial authority has not previously advised the New Zealand Historic Places Trust about the building work to which that application relates. 2: The territorial authority must advise the New Zealand Historic Places Trust within 5 days after receiving the application. 15: How to apply for building consent 1: Section 45(1) ba: if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by— i: a copy of that national multiple-use approval; and ii: details of any proposed minor customisations; and . 2: Section 45 2: If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work. 3: The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a memorandum— a: provided by 1 or more licensed building practitioners who carried out or supervised that design work; and b: that identifies that design work; and c: that states— i: that the design work complies with the building code; or ii: whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are. 4: An application for an amendment to a building consent must,— a: in the case of a minor variation, be made in accordance with section 45A b: in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications. 16: New sections 45A and 45B inserted The following sections are inserted after section 45 45A: Minor variations to building consents 1: An application for a minor variation to a building consent— a: is not required to be made in the prescribed form; but b: must comply with all other applicable requirements of section 45. 2: Sections 48 to 50 apply, with all necessary modifications, to an application for a minor variation. 3: A building consent authority that grants a minor variation— a: must record the minor variation in writing; but b: is not required to issue an amended building consent. 45B: Changes to plans and specifications that have national multiple-use approval 1: When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 45(4) a: the changes are permitted under the terms of the national multiple-use approval; or b: the changes are minor customisations permitted by regulations made under section 402(1)(kc) 2: If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply. 17: Processing application for building consent 1: Section 48 1: After receiving an application for a building consent that complies with section 45, a building consent authority must, within the time limit specified in subsection (1A),— a: grant the application; or b: refuse the application. 1A: The time limit is— a: if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, within 10 working days after receipt by the building consent authority of the application; and b: in all other cases, within 20 working days after receipt by the building consent authority of the application. 2: Section 48(2) (1) (1A) 18: Issue of building consent 1: Section 51(1)(b)(i) (if any) memorandum 2: Section 51(1) ba: contain confirmation that the New Zealand Historic Places Trust has been notified under section 39 . 3: Section 51 3: If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (ba), the building consent authority may grant the building consent despite that subsection. 4: However, the building consent authority must, on receiving the document or information referred to in subsection (3), provide the owner with the document or information. 19: Waiver or modification may only be granted by chief executive in certain cases Section 69(3) or that is contained in a national multiple-use approval 20: Conditions on building consents granted under section 72 Section 73(2) the project information memorandum any project information memorandum that has been issued and 21: Steps after notification Section 74(1)(a) the project any project 22: Construction of building on 2 or more allotments 1: Section 75(1)(a) or for a building consent memorandum 2: Section 75 2: The territorial authority must issue a certificate that states that, as a condition of the grant of a building consent for the building work to which the application relates, 1 or more of those allotments specified by the territorial authority (the specified allotments 23: Building consent must not be granted until condition is imposed under section 75 1: Section 77(1) a certificate imposing the condition referred to in section 75(2) the certificate under section 75(2) 2: Section 77 5: The building consent authority must note, on the building consent, the condition imposed in the certificate. 24: Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77 Section 78(1) in section 75(2) in that certificate 25: Appeals to District Court 1: Section 208(1)(b) ; or iii: refuse to issue a national multiple-use approval. 2: Section 208(2) ; or d: in the case of an appeal under subsection (1)(b)(iii), the applicant for the national multiple-use approval. 26: Territorial authority must act as building consent authority for its district Section 212 3: A territorial authority must, in performing its functions as a building consent authority, provide to the New Zealand Fire Service Commission a copy of every application for a building consent of a kind specified by notice under section 46. 27: Chief executive must keep registers Section 273(1) aaa: a register of national multiple-use approvals: . 28: Purpose of registers Section 274(a) iaa: in the case of the register of national multiple-use approvals, the names and contact details of the persons who have been issued with national multiple-use approvals, together with a description of each approval and any conditions that have been imposed; and . 29: Building consent authority not liable Section 392(1) ca: a current national multiple-use approval issued under section 30F section 402(1)(kc) . 30: Regulations: general Section 402(1) ka: prescribing eligibility criteria for national multiple-use approvals: kb: prescribing the period of time within which the chief executive must decide, under section 30E(1) kc: defining the minor customisations that may be made to plans and specifications in relation to which a national multiple-use approval has been issued when incorporating those plans and specifications into a building consent: kd: defining the minor variations that may be made to a building consent for the purposes of section 45A . 31: New section 402A inserted The following section is inserted after section 402 402A: Chief executive must review regulations made under section 402(1)(kb) The chief executive must, within 2 years after the commencement of regulations made under section 402(1)(kb) a: review the prescribed period of time within which the chief executive must decide whether to issue a national multiple-use approval; and b: prepare for the Minister a report on the findings of that review.

DLM1400100

2009

Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009

1: Title This Act is the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009. 2: Commencement 1: This Act comes into force on the day on which it receives the Royal assent, except as provided in this section. 2: Sections 74 108 319 320 322 323 502 510 546 549 557(26), (45), (53), (132), (145), and (147) 605(1), and (3) 606 610 682 862 863 3: Section 704(5) a: in relation to the Parliamentary Service, on 1 October 1986: b: in relation to the Office of the Clerk of the House of Representatives, on 1 August 1988. 4: Section 855 5: Section 850 6: Sections 851 860 7: Sections 847 848 849 852 853 854 856 8: Sections 628(1) 646(1) and (4) 647(1), (3), and (6) 712 735 736 738 741 742 743 746 747 748 749 750 751 754 759 760 761 764(2) 767 769 770 771 772 773 789(2) and (4) 832 844(2), (9), (15), (23), (25), (31), and (33) 845 858(1) and (3) 864 9: Section 647(2) 10: Sections 744 768 844(3), (13), (14), (22), and (32) 11: Sections 646(2) 647(4) 12: Sections 706 739 779 780 781 782 783 784 785 786 787 788 789(1) and (3) 793 794 795 796 797 798 799 800 801 802 819(2) 841 844(8), (11), (18), (21), and (35) 13: Section 684 14: Sections 720 731 733(2) and (4) 844(6) and (17) 15: Sections 612 625 675 677 756 808 809 811 812 813 814 815 816 817 818 819(1) 820 821 822 823 824 825 826 827 828 829 833 834 835 836 837 838 839 840 842 843 844(26) 16: Section 764(1) and (3) 17: Sections 638(2) 757 830 831 18: Section 758 19: Sections 737 740 755 762 790 791 792 803 804 805 806 807 810 844(4), (5), (7), (10), (12), (16), and (27) to (30) 20: Section 763 21: Sections 5(1), (2), (4), (5), and (7) 11 12 15(1)(b) 16 18 19(1), (2), (3) and (5) 20(3) 24 25 26 32 34 35 36 37 38 41(1) and (2) 42 43 44 45 47 48 52 53 54 56(1) and (4) 60 62 68 72 73(3) 76 81 82 83 84 85 93 96(1) and (3) 97 98(1), (3), and (4) 99 100 101 102(1), (3), (5), and (7) 103(1), (3), and (5) 104(1) and (3) 105(1), (3), and (5) 106(1), (3), and (5) 107 109 111 117 118 119 120 121 127 128 129 130 131 133 134 135 136(1) and (3) 137(1), (2), (3), and (5) 138 140 141 142 143 144 145 146 147 150 151 152(1) 161(7) and (15) 166 167 168 169 170 171 172 173(1) to (3), (5) to (7), and (11) 174 176(1) 177(1), (2) to (4), and (6) to (10) 178(1) to (5), and (7) to (11) 179 180(1) 181(1), (2), and (5) 182 183 188 196 197 198 201 202(1) and (3) 203 204 205(1), (4), and (5) 209(2), (3), and (5) 211(3) and (6) 215(1) and (3) 218(1), (4), (5), (7), and (9) 227 230(4) 232 233 234 235 236 238(1) and (4) 239(1) 241 242(1) 251 253 254 255 256 257 258 261 262(1) 263 264(2) and (4) 265 266 268 269 270 271 272 273 274 275 277 280 281 282(1), (3), (4), and (5) 283 284(1), (2), (4), and (6) 285 286 287 288 289 290 291 293 294 296(2), (3), and (8) 297(2) and (5) 298(1) and (4) 299 300 302(2) and (4) 304 306 308(1) 309 311 312 314 317 318 321 324(1), (2), (4), and (6) 329 330 331 332 333 334 335 336(1), (3), (5), and (6) 337 338 339 340(1), (3), (4), and (7) 341 344 345 349 350 352 353 354 355 356 357 358 359 360(1) and (3) 361 362 363 364 365 366 367 368 369 370 371 376 378(1), (2), (4), (5), and (7) 379 381(2) and (4) 383 387 388(2) and (5) 389(2) and (3) 390 391 393 394 397 398 399(1), (4), and (8) 400(2) and (6) 409 420(1) and (3) 421(1) and (3) 422 427 431(1) and (3) 440 441 442 443 444 446 447(2) and (5) 452(3) and (6) 453 455 457 460(2), (4), and (7) 466 470 486 489 490(2), (3) and (5) 491(1), (3), and (5) 492(1) and (5) 493 494 495 496 497 500 503(2), (3), and (4) 504 505 506 507 509 511 512 513 514(1) to (4), (7), and (9) to (11) 515 516 517(1) and (3) to (5) 518(1) and (3) to (5) 519(1) to (6) and (8) to (13) 520 521 522 523 524 525 526 529 530 531(1), (2), and (4) to (7) 532 533 534 536 537 538 539 541 542 543 544 545 547 548 554 555 556 557(5), (7), (10), (25), (28), (29), (36), (37), (39), (42), (49), (50), (51), (52), (54), (55), (57), (58), (59), (62), (63), (64), (68), (69), (76), (84), (85), (88), (93), (95), (98), (99), (109), (114), (118), (119), (130), (134), (137), (138), (139), (140), (141), (142), (143), (144), (146), (149), (156), (157), (164), (170), (171), (175), (176), (184), (187), (191), (193), (195), (197), (198), (199), (200), (202), (204), (210), (214), (217), (219), (222), (224), (225), and (228) 559 560 561 562 564 567 568 569 570 571(1) and (3) 572 573 574 575 576 579(3) to (8) 580 581 582 583 585 590 591 592 593 596(3), (4), (7), and (8) 597(4) 598(1) and (3) 599(1) 609 614 615 616(2) 619(2), (3), (6), and (7) 620 624 627 628(2) to (4) 630(1) 631 632 633 636 637 640 642 643 644 646(3) and (5) 647(5) and (7) 648 649 650 651(1) and (3) 654 659 660 661 664 665 669 671 672 673 680 683 690 691 693 701 702 715(1) to (3) 717 719 724 725 726 727 729 730 733(3) and (5) 765 766 774 775 776 777 778 844(19), (20), (24), and (34) 858(2) and (4) 859 865 22: Sections 88 315 316 360(2) 503(1) 557(148) 732 867 868 23: Sections 40, 58, 61, 243, 244, 745, 752, and 753 are treated as coming into force on 26 September 2008. 24: Section 137(4) and (6) 25: Sections 10 80 112(2) and (3) 115 116 132(2) and (4) 173(8), (13), and (15) 557(32), (48), (60), (82), (105), (127), (131), (159), (160), (181), (186), and (206) 704(2) and (4) 26: Sections 9 27 50 64 92 114 136(2), (4), (5), and (6) 139 173(9) 176(2) and (3) 181(4) and (8) 184 276 278 279 282(2) 284(3), (5), (7), and (8) 301 347(1) 399(2) and (6) 445(1) and (4) 462 463 464 465 492(2) 508 514(5), (6), and (8) 517(2) 518(2) 519(7) 550 557(92), (158), (165), (166), (188), and (209) 571(2), (4), and (5) 587 607 608 619(1), (4), and (5) 623 715(4) 721 27: Sections 5(3), (6), and (8) 6 14 17(2), (3) and (5) 20(1), (2), and (4) 22 23 29 30 39 41(3) and (6) 69 70 71 79 90 91 110 152(2) and (3) 153 154 155 156 160 161(1) to (6), (9) to (14), (16), and (17) 162 163 164 165 175 180(2) to (4) 195 202(2) and (4) 206 207 208 209(1) and (4) 210 211(1), (2), (4), (5), and (7) 212 213 214 215(2), (4), and (5) 216 217 218(3) and (10) 219 220 221 222 223 224 225 226 228 229 230(1) to (3), and (5) to (7) 231 237 238(2), (3), and (5) 240 246 247 248 249 250 252 259 260 302(1) and (3) 303 305 340(2), (5), and (6) 342 343 346 377 385 395 399(3) and (7) 400(3) and (7) 401(2) and (5) 403 404 405 406 407 408 412 413 414 415 416 417 419 421(2) and (4) 423 424 425 426 428 429 430 431(2) and (4) 432 433 434 435 436 437 448 456 459(1) and (3) 460(3) and (8) 461(1) and (3) 468 469(1) and (3) 471 472 473 474 475 476 477 478 479 480 481 482 485 488 490(1) and (4) 491(2), (4) and (6) 492(3), (4), and (6) 527 528 540 557(8), (9), (11), (14), (16), (22), (23), (30), (34), (38), (40), (41), (43), (61), (70), (71), (74), (75), (77), (78), (79), (80), (89), (94), (96), (104), (117), (123), (128), (129), (182), (183), (185), (203), (208), (211), (212), (213), (215), (216), and (229) 558 577(2) 584 586 596(5) and (9) 597(1) to (3), (5) and (6) 605(2) and (4) 617 634 635 651(2) and (5) 652 655 656 657 658 666 668 674 676 678 686 687 688 695 697 700 28: Sections 46 56(2), (3), and (5) 59 86 87 89 29: Sections 95 123 124 125 126 557(108), and (110) 30: Sections 4 7 8 13 15(1)(a) and (2) 17(1) and (4) 19(4), (6), and (7) 21 28 41(4), (5), and (7) 51 63 65 66 67 73(1), (2), and (4) 75 77 78 96(2), (4), and (5) 98(2), (5), and (6) 102(2), (4), (6), and (8) 103(2), (4), and (6) 104(2) and (4) 105(2), (4), and (6) 106(2), (4), and (6) 112(1) 113 122 149 157 158 159 161(8) and (18) 173(4), (10), (12), and (14) 177(5), (11), and (12) 178(6), (12), and (13) 181(3), (6), and (7) 191 192 218(2), (6), (8), and (11) 239(2) and (3) 242(2) to (4) 245 262(2) and (3) 264(1) and (3) 267 292 295 296(4), (6), and (9) 298(2), (3), and (5) 308(2) and (3) 313 324(3), (5), and (7) 328 336(2), (4), and (7) 347(2) 348 351 378(3), (6), and (8) 384 401(1), (3), and (4) 438 498 531(3) and (8) 535 557(2), (3), (4), (13), (15), (17), (18), (19), (21), (24), (31), (44), (66), (73), (81), (83), (91), (97), (100), (101), (102), (103), (106), (107), (111), (115), (116), (121), (126), (133), (136), (150), (154), (155), (167), (177), (179), (180), (192), (196), (220), (221), (223), and (227) 563 565 566 579(1) and (2) 588 594 599(2) 611 613 618 621 622 626 628(5) and (6) 645 651(4) and (6) 679 681 710(3) 713 861 31: Sections 200 487 32: Sections 33 49 55 94 132(1), (3), (5), and (6) 185 186 187 189 190 193 194 199 296(1), (5), and (7) 297(1), (3), and (4) 307 310 325 326 327 372 373 374 375 380 381(1), (3), and (5) 382 386 388(1), (3), and (4) 392 396 399(5) and (9) 400(1), (4), and (5) 402 410 411 418 420(2) and (4) 439 445(2), (3), and (5) 447(1), (3), and (4) 449 450 451 452(1), (2), (4), and (5) 454 458 459(2) and (4) 460(1), (5), and (6) 461(2) and (4) 467 469(2) and (4) 483 484 557(6), (12), (20), (27), (33), (35), (46), (56), (65), (67), (72), (87), (90), (112), (113), (120), (122), (124), (151), (152), (153), (161), (162), (163), (168), (169), (172), (178), (189), (190), (194), (201), (205), (207), (218), and (226) 577(1) and (3) 629 663 1: Amendments to Income Tax Act 2007 3: Income Tax Act 2007 This Part amends the Income Tax Act 2007 2009-10-06 Income Tax Act 2007 all provisions commencing on 1 October 2009 and all treated as coming into force earlier (so, lots of them) 2010-01-01 Income Tax Act 2007 ss 95, 123, 124, 125, 126, 557(108) and (110) 2010-01-06 Income Tax Act 2007 ss 74, 108, 319, 320, 322, 323, 502, 510, 546, 549, 557(26), (45), (53), (132), (145), and (147) 2010-04-01 Income Tax Act 2007 2010-06-30 Income Tax Act 2007 ss 200 and 487 2010-07-01 Income Tax Act 2007 4: Income tax liability of person with schedular income 1: After section BC 7(3) Income tax liability of multi-rate PIEs 4: The income tax liability for a tax year of a multi-rate PIE is determined under subpart HM (Portfolio investment entities). 2: In section BC 7 multi-rate PIE 3: Subsection (1) applies for the 2010–11 and later income years. 5: Withholding liabilities 1: Section BE 1(1) PAYE income payments 1: A person who makes a PAYE income payment must withhold an amount from the payment under the PAYE rules. 2: Section BE 1(5) Employer's superannuation cash contributions 5: A person who makes an employer's superannuation cash contribution must pay ESCT under the ESCT rules. 3: Section BE 1(6) 4: In section BE 1 retirement savings scheme retirement scheme contribution RSCT RSCT rules 5: In section BE 1 a: employer's superannuation contribution PAYE payment b: employer's superannuation cash contribution PAYE income payment 6: In section BE 1 FDP FDP rules 7: Subsections (1) and (2) apply for the 2008–09 and later income years. 8: Subsection (3) applies for all income years beginning on or after 1 July 2009. 6: Other obligations 1: Section BF 1(d) 2: In section BF 1 further FDP 3: Subsection (1) applies for all income years beginning on or after 1 July 2009. 7: Disposal: land used for landfill, if notice of election 1: Section CB 8(c) c: the person acquiring the land is not an associated person; and . 2: Subsection (1) applies for the 2010–11 and later income years. 8: Section CB 26 replaced 1: Section CB 26 CB 26: Disposal of certain shares by portfolio investment entities When this section applies 1: This section applies when— a: the income from the disposal by a person (the entity b: a dividend from the share is— i: declared before the disposal; and ii: paid to a holder of the share who, after the disposal, becomes entitled to the dividend. Income 2: The entity is treated as deriving an amount of income calculated using the formula— (shares at declaration – shares on distribution) × dividend. Definition of items in formula 3: In the formula,— a: shares at declaration b: shares on distribution c: dividend Positive result 4: The result of the formula must be a positive amount. Defined in this Act: amount, company, dividend, excluded income, fully imputed, ICA company, income, pay, portfolio investment entity, share 2007 No 97 s CB 26 . 2: Subsection (1) applies for the 2010–11 and later income years. 9: Section CB 27B repealed 1: Section CB 27B 2: Subsection (1) applies for the 2009–10 and later income years. 10: Heading and section CB 36 replaced The heading before section CB 36 Emissions units under Climate Change Response Act 2002 CB 36: Disposal of emissions units When this section applies 1: This section applies when a person disposes of an emissions unit. Income 2: The amount that the person derives on the disposal is income. Surrender of unit: deemed sale at given value 3: If the disposal is by surrender under the Climate Change Response Act 2002, the person is treated as having sold the unit, at the time of the surrender, to an unrelated person for an amount equal to— a: the unit's cost, if none of paragraphs (b) to (f) applies; or b: the unit's value under section ED 1(7B) (Valuation of excepted financial arrangements), if that subsection applies and none of paragraphs (c) to (f) apply; or c: zero, if subsection (4) applies; or d: zero, if subsection (5) applies; or e: the unit's market value, if subsection (6) applies; or f: the unit's market value, if subsection (7) applies. Surrender of unit: emissions relating to post-1989 forest land 4: The person is treated as selling the unit for an amount of zero if the person surrenders the emissions unit for emissions in relation to post-1989 forest land. Surrender of unit: deforestation of some pre-1990 forest land 5: The person is treated as selling the unit for an amount of zero if— a: the person surrenders the emissions unit in relation to the deforestation of pre-1990 forest land; and b: the person would derive income, other than exempt income or excluded income, from a disposal of the land without timber at the time of the surrender. Surrender of post-1989 forest land unit: emissions not relating to post-1989 forest land 6: The person is treated as selling a post-1989 forest land emissions unit for an amount equal to the unit's market value if the person surrenders the emissions unit other than for emissions in relation to post-1989 forest land. Surrender of unit: free unit other than forest land unit 7: The person is treated as selling a unit that is not a forest land unit for an amount equal to the unit's market value if— a: the person surrenders the unit before the period of the emissions to which the unit relates; and b: the unit was transferred to the person under Part 4, subpart 2 of the Climate Change Response Act 2002 at a price of zero. Converted unit treated as sold 8: If a person converts a New Zealand emissions unit, other than a forest land emissions unit, into a Kyoto unit as defined in section 4(1) of the Climate Change Response Act 2002, the person is treated as having sold the converted unit for an amount equal to— a: the unit's value under section ED 1(7B), if that subsection applies; or b: the unit's cost, otherwise. Excluded income: post-1989 forest land emissions unit 9: Section CX 51B (Disposal of pre-1990 forest land emissions units) applies to the disposal to another person of a pre-1990 forest land emissions unit. Defined in this Act: amount, convert, emissions unit, forest land emissions unit, income, Kyoto emissions unit, New Zealand emissions unit, pre-1990 forest land emissions unit, post-1989 forest land emissions unit, surrender . 11: New section CC 8B inserted 1: After section CC 8 CC 8B: Certain commercial bills: non-resident holders When this section applies 1: This section applies when a non-resident holder of a commercial bill who is required to calculate and allocate income and expenditure under neither the financial arrangements rules nor the old financial arrangements rules because of the application of section EW 9(2) to (4) or EZ 45(e) (which relate to the application of the rules)— a: disposes of the commercial bill other than by redemption; or b: redeems a commercial bill whose issuer is an associated person of the non-resident. Income: disposal 2: The value of the commercial bill on the day the non-resident holder disposes of it is income of the person. Income: redemption 3: The amount that the non-resident holder receives on redemption is income of the person. Defined in this Act: amount, commercial bill, financial arrangements rules, income, non-resident, old financial arrangements rules 2004 No 35 s CZ 8 . 2: Subsection (1) applies for the 2008–09 and later income years. 12: What is a transfer of value? 1: After section CD 5(2) When shares are cancelled 2B: The market value of any transfer from the shareholder to the company on the cancellation of a share of the shareholder's rights as a shareholder is zero. 2: In section CD 5 market value share shareholder 3: Subsection (1) applies for the 2008–09 and later income years. 13: When is a transfer caused by a shareholding relationship? 1: In section CD 6(1)(a)(ii) shareholder; or shareholder; and 2: Subsection (1) applies for the 2010–11 and later income years. 14: Section CD 21 repealed 1: Section CD 21 2: Subsection (1) 15: Returns of capital: off-market share cancellations 1: In section CD 22(9) a: in the definition of counted associate is a beneficiary has benefited or is eligible to benefit b: in the definition of non-participating redeemable share ; or or section FA 2B(2) (Stapled debt securities); or 2: Subsection (1)(a) applies for the 2010–11 and later income years. 16: Treasury stock acquisitions 1: Section CD 25(4) 4: If subsection (2) applies, then, with effect from the cancellation or the first anniversary, depending on which first causes subsection (2) to apply, the available subscribed capital of the class of the share is reduced by the lesser of— a: the amount paid to the shareholder on the acquisition; and b: the available subscribed capital per share calculated under the ordering rule and, in the case of the first anniversary, calculated as if the share and any other shares to which this subsection applies on that date were cancelled on that date. 2: Subsection (1) applies for the 2008–09 and later income years. 17: Property made available intra-group 1: Section CD 27(1)(b) b: in the absence of this section, the transfer would be a dividend under section CD 6(1)(a)(ii) because the associated company is associated with a shareholder in the first company. 2: Section CD 27(3)(a)(ii) ii: the first company is associated with a company (the parent company . 3: In section CD 27 FDP 4: Subsection (1) 5: Subsection (2) applies for all income years beginning on or after 1 July 2009. 18: Employee benefits In section CD 32(2) CE 1(c) CE 1(1)(c) 19: Foreign investment fund income 1: In section CD 36, after the heading, Amount not dividend 2: In section CD 36(b)(iv) method; and method. 3: After section CD 36(b) Exclusion for interests in grey list companies 2: Subsection (1)(b)(iv) does not apply if— a: the FIF is a grey list company; and b: the person holds a direct income interest of 10% or more in the FIF at the beginning of the income year in which the period falls. Application of rule for certain managed funds 3: Subsection (2) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 4: Section CD 36(3)(b) b: the FIF is a foreign PIE equivalent. 5: In section CD 36 direct income interest foreign investment vehicle life insurance portfolio investment entity 6: In section CD 36 foreign investment vehicle foreign PIE equivalent 7: Subsection (4) applies for the 2010–11 and later income years. 20: Available subscribed capital (ASC) amount 1: Section CD 43(8)(b) b: an amount received by the company if the amount is mainly attributable, directly or indirectly, to the payment by the company of a dividend to a controlled foreign company at a time when the company is also a controlled foreign company, regardless of whether either company is a grey list company or non-attributing Australian CFC. 2: In section CD 43 non-attributing Australian CFC 3: In section CD 43 consideration 4: Subsection (1) applies for all income years beginning on or after 1 July 2009. 21: Available capital distribution amount 1: After section CD 44(10) Associated persons transactions 10B: No capital gain amount is derived or capital loss amount incurred by a company after 31 March 2010 on disposing of property under an arrangement with an associated person. This subsection is overridden by subsection (10C). Close company liquidations 10C: Subsection (10B) does not apply if— a: the company is a close company; and b: the associated person is not a company; and c: the disposal is on the liquidation of the company. 2: Section CD 44(11) and (12) 3: After section CD 44(14) Relationship with section CZ 9B 14B: For capital gain amounts derived or capital loss amounts incurred between 1 April 1988 and 31 March 2010, see 4: Section CD 44(15) to (17) 5: Subsections (1) to (4) apply for the 2010–11 and later income years. 22: Heading and sections CD 45 to CD 52 repealed 1: The heading before section CD 45 and sections CD 45 to CD 52 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 23: Prevention of double taxation of share cancellation dividends 1: Section CD 53(3) Non-taxable dividends 3: Subsection (2) does not apply to the extent to which the dividend is exempt income of the person under sections CW 9 to CW 11 (which relate to income from equity). 2: Section CD 53(4) and (5) 3: In section CD 53 FDP FDP credit 4: Subsections (1) and (2) apply for all income years beginning on or after 1 July 2009. 24: Amounts derived in connection with employment 1: After the heading to section CE 1 Income 2: Section CE 1(c) c: the market value of accommodation that the person receives in connection with their employment or service other than an amount paid under section CW 17B (Relocation payments): . 3: After section CE 1(g) Meaning of accommodation 2: For the purposes of this section and section CX 28 (Accommodation), accommodation 4: In section CE 1 accommodation 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 25: Meaning of expenditure on account of an employee After section CE 5(3)(b) bb: an amount paid under section CW 17B (Relocation payments) or section CW 17C (Payments for overtime meals and certain other allowances): . 26: Benefits, pensions, compensation, and government grants In section CF 1(2) accident compensation payment f: a payment under the Injury Prevention, Rehabilitation, and Compensation Act 2001 paid by the Corporation as defined in that Act, of weekly compensation that is not recovered or recoverable under section 248 of that Act: g: a payment under section 81(1)(b) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 paid by the Corporation as defined in that Act, for attendant care as defined in schedule 1, clause 12 of that Act: h: a personal service rehabilitation payment for a person under the Injury Prevention, Rehabilitation, and Compensation Act 2001 . 27: New subpart CO inserted 1: After section CH 10 CO: Income from voluntary activities CO 1: Income from voluntary activities Income 1: An amount derived by a person in undertaking a voluntary activity is income of the person. Relationship with section CW 62B 2: This section is overridden by section CW 62B (Voluntary activities). Defined in this Act: amount, income . 2: Subsection (1) 28: Section CP 1 replaced 1: Section CP 1 CP 1: Attributed income of investors in multi-rate PIEs When this section applies 1: This section applies when a multi-rate PIE attributes an amount of income for an income year calculated under section HM 36 (Calculating amounts attributed to investors) to a person who is an investor in the PIE. Income 2: The amount is income of the person in the income year of the person in which the PIE’s income year ends. Defined in this Act: amount, income, income year, investor, multi-rate PIE, PIE 2007 No 97 s CP 1 . 2: Subsection (1) applies for the 2010–11 and later income years. 29: When attributed CFC income arises 1: Section CQ 2(1)(f)(i) i: the CFC has net attributable CFC income for the accounting period under section EX 20C (Net attributable CFC income or loss); or . 2: In section CQ 2(1) h: the CFC is not a non-attributing active CFC for the accounting period, under section EX 21B (Non-attributing active CFCs); and i: the CFC is not a non-attributing Australian CFC for the accounting period, under section EX 22 (Non-attributing Australian CFCs). 3: After section CQ 2(2) Special rule: attributed CFC amount from personal services 2B: If a person and a non-attributing active CFC or non-attributing Australian CFC meet the requirements of subsection (1)(a) to (e) and the CFC derives income from personal services that is an attributable CFC amount under section EX 20B(3)(h) (Attributable CFC amount), the person has attributed CFC income a: the person's income interest in the CFC: b: the amount by which the CFC's income from personal services exceeds the expenditure incurred by the CFC in deriving the income from personal services. 4: Section CQ 2(4) 5: In section CQ 2 a: branch equivalent income b: attributable CFC amount net attributable CFC income non-attributing active CFC non-attributing Australian CFC 6: Subsections (1) to (4) apply for all income years beginning on or after 1 July 2009. 30: When FIF income arises 1: Section CQ 5(3) FIF income from CFC with FIF interest 3: FIF income section EX 58 2: In section CQ 5 non-attributing Australian CFC 3: Subsection (1) applies for all income years beginning on or after 1 July 2009. 31: Section CQ 7 repealed Section CQ 7 32: Heading to subpart CR replaced In subpart CR Income from insurance 33: Sections CR 1 and CR 2 replaced 1: Sections CR 1 CR 2 CR 1: Policyholder base income of life insurer If, but for this section, a life insurer has an amount of policyholder base income for an income year, and that amount is not income under this Part, the amount is income of the life insurer for the income year. Defined in this Act: amount, income, income year, life insurer, policyholder base income CR 2: Shareholder base income of life insurer If, but for this section, a life insurer has an amount of shareholder base income for an income year, and that amount is not income under this Part, the amount is income of the life insurer for the income year. Defined in this Act: amount, income, income year, life insurer, shareholder base income . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 34: New section CR 4 added 1: After section CR 3 CR 4: Income for general insurance outstanding claims reserve What this section applies to 1: This section applies for— a: an insurer who–– i: uses IFRS 4, Appendix D for general insurance contracts: ii: is a life insurer who has general insurance contracts; and b: general insurance contracts, excluding contracts having premiums to which section CR 3 (Income of non-resident general insurer) applies. Formula for insurer's OCR income 2: For an income year (the current year opening outstanding claims reserve Definition of items in formula 3: In the formula,— a: opening outstanding claims reserve i: the amount of the insurer’s closing outstanding claims reserve for the income year before the current year (the prior year ii: the amount of the insurer's reserve for outstanding claims liability, calculated at the end of the prior year, using the basis the insurer used for tax purposes in that prior year, if the current year is the first year that this section applies to the insurer: b: closing outstanding claims reserve Defined in this Act: amount, general insurance contract, IFRS 4, income, income year, insurer, life insurer, outstanding claims reserve . 2: Subsection (1) applies— a: for an insurer who uses IFRS 4,–– i: for the 2009–10 and later income years, unless subparagraph (ii) applies: ii: for the first income year for which an insurer adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2009–10 income year and the person chooses to use IFRS 4 in a return of income for that first year: b: for a life insurer,–– i: on and after 1 July 2010, unless subparagraph (ii) applies: ii: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 35: Withdrawals 1: Section CS 1(1)(a)(i) i: a fund to which the member's employer has made for the member's benefit an employer's superannuation cash contribution; or . 2: Section CS 1(7)(b) b: in the corresponding tax year, the total of the member's taxable income and the employer's superannuation cash contributions made for the member's benefit is less than $60,000. 3: In section CS 1 employer's superannuation contribution employer's superannuation cash contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 36: Exclusions of withdrawals of various kinds 1: In section CS 2 employer's superannuation contributions employer's superannuation cash contributions 2: In section CS 2 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 37: Exclusion of withdrawal on partial retirement 1: In section CS 6(1)(d) employer's superannuation contributions employer's superannuation cash contributions 2: In section CS 6 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 38: Exclusion of withdrawal when member ends employment 1: In section CS 7(2) to (5) employer's superannuation contributions employer's superannuation cash contributions 2: In section CS 7 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 39: Section CV 10 repealed 1: Section CV 10 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 40: Section CW 3B repealed Section CW 3B 41: Dividend derived by company from overseas 1: Section CW 9(1) 1: A dividend from a foreign company is exempt income if derived by a company that is resident in New Zealand. 2: After section CW 9(2) Non-application to dividends derived by certain PIEs 3: This section does not apply to a dividend derived by a portfolio tax rate entity. 3: Section CW 9 CW 9: Dividend derived from foreign company Exempt income 1: A dividend from a foreign company is exempt income if derived by a company that is resident in New Zealand. Exclusions 2: Subsection (1) does not apply to a dividend if the dividend is paid in relation to rights that are— a: a direct income interest of less than 10% in a foreign company described in— i: section EX 31 (Exemption for ASX-listed Australian companies): ii: section EX 32 (Exemption for Australian unit trusts with adequate turnover or distributions): iii: section EX 36 (Venture capital company emigrating to grey list country: 10-year exemption): iv: section EX 37 (Grey list company owning New Zealand venture capital company: 10-year exemption): v: section EX 37B (Share in grey list company acquired under venture investment agreement): vi: section EX 39 (Terminating exemption for grey list company with numerous New Zealand shareholders): b: a fixed-rate foreign equity: c: rights to a deductible foreign equity distribution. Non-application to dividends derived by certain PIEs 3: This section does not apply to a dividend derived by a portfolio tax rate entity. Defined in this Act: company, dividend, deductible foreign equity distribution, exempt income, fixed-rate foreign equity, portfolio tax rate entity, resident in New Zealand . 4: Section CW 9(3) 3: This section does not apply to a dividend derived by a multi-rate PIE. 5: In section CW 9 multi-rate PIE 6: Subsection (3) applies for all income years beginning on or after 1 July 2009. 7: Subsection (4) applies for the 2010–11 and later income years. 42: Proceeds of share disposal by qualifying foreign equity investor Section CW 12(4) 4: In this section,— foreign exempt entity a: is established as a legal entity under the laws of a territory that is approved for the purposes of this section by the Governor-General by an Order in Council or under the laws of a part of such a territory; and b: has persons (the members c: under the laws of the territory or part of the territory is not subject to a tax on income other than as a body that handles income of the members; and d: is resident in no territory that has laws that treat the legal entity as being subject to a tax on income other than as a body that handles income of the members; and e: does not have a member who— i: has, when treated as holding the interests of any person who is associated with the member, an interest of 10% or more in the capital of the legal entity; and ii: is resident in no territory that is approved for the purpose of this section by the Governor-General by an Order in Council; and f: does not have a member who, when treated as holding the interests of any person who is associated with the member, has an interest of 10% or more in the capital of the legal entity and who would— i: be entitled to receive an amount derived from a disposal to which this section would apply; and ii: receive an amount referred to in subparagraph (i) that, in the absence of this section, would have been reduced by a tax imposed by the Act on the amount or on the proceeds of the disposal in the hands of the legal entity; and iii: in any circumstances under the laws of the territory in which the member is resident or under the laws of part of the territory be entitled to receive from the government of the territory or part of the territory a financial benefit in the form of a payment, credit, rebate, forgiveness, or other compensation for the reduction referred to in subparagraph (ii); and g: does not have a holder of a direct or indirect interest in the capital of the legal entity who,— i: is resident in New Zealand: ii: when treated as holding the interests of a person associated with the resident, holds a total direct or indirect interest of 10% or more foreign exempt partnership a: is established under the laws of a territory that is approved for the purposes of this section by the Governor-General by an Order in Council or under the laws of a part of such a territory; and b: consists of persons (the partners c: under the laws of the territory or part of the territory is not subject to a tax on income other than as a body that handles income of the partners; and d: has at least 1 partner (the general partner e: has at least 1 partner (the special partner f: does not have a general partner who is resident in no territory that is approved for the purposes of this section by the Governor-General by an Order in Council; and g: does not have a partner who— i: has, when treated as holding the interests of any person who is associated with the partner, an interest of 10% or more in the capital of the unincorporated body; and ii: is resident in no territory that is approved for the purpose of this section by the Governor-General by an Order in Council; and h: does not have a partner who, when treated as holding the interests of any person who is associated with the partner, has an interest of 10% or more in the capital of the unincorporated body and who— i: would under the Act in the absence of this section, be subject to tax on an amount derived from a disposal to which this section would apply; and ii: would in any circumstances under the laws of the territory in which the partner is resident or under the laws of part of the territory be entitled to receive from the government of the territory or part of the territory a financial benefit in the form of a payment, credit, rebate, forgiveness, or other compensation for a payment of the tax referred to in subparagraph (i); and i: does not have a holder of a direct or indirect interest in the capital of the unincorporated body who,— i: is resident in New Zealand: ii: when treated as holding the interests of a person associated with the resident, holds a total direct or indirect interest of 10% or more foreign exempt person a: is resident in a territory that is approved for the purposes of this section by the Governor-General by an Order in Council; and b: is not a legal entity that meets the requirements of paragraphs (a) to (c) of the definition of foreign exempt entity c: is not part of an unincorporated body that meets the requirements of paragraphs (a) to (c) of the definition of foreign exempt partnership d: under the laws of the territory or part of the territory derives the proceeds from a disposal of shares or options that are held by the person; and e: is not a person who— i: would under the Act in the absence of this section, be subject to tax on an amount derived from a disposal to which this section would apply; and ii: would in any circumstances under the laws of the territory in which the person is resident or under the laws of part of the territory be entitled to receive from the government of the territory or part of the territory a financial benefit in the form of a payment, credit, rebate, forgiveness, or other compensation for a payment of the tax referred to in subparagraph (i); and f: does not have a holder of a direct or indirect interest in the capital of the legal entity who,— i: is resident in New Zealand: ii: when treated as holding the interests of a person associated with the resident, holds a total direct or indirect interest of 10% or more. 43: Dividends paid by qualifying companies 1: Section CW 15(1) 1: To the extent to which the amount of a dividend that a qualifying company pays to a person resident in New Zealand is more than a fully imputed distribution, the amount is exempt income of the person. 2: In section CW 15 fully imputed 44: Expenditure on account, and reimbursement, of employees 1: After section CW 17(3) Depreciation loss included 4: In this section, expenditure includes an amount of depreciation loss. Relationship with sections CW 17B and CW 17C 5: This section does not apply to an amount referred to in section CW 17B (Relocation payments) or CW 17C (Payments for overtime meals and certain other allowances). 2: In section CW 17 depreciation loss 3: Subsection (1) does not apply in relation to a tax position taken by a person— a: in the period from 1 April 2008 to the date on which this Act receives the Royal assent; and b: in relation to a deduction for an amount of depreciation loss; and c: relying on section CW 17 45: New sections CW 17B and CW 17C inserted After section CW 17 CW 17B: Relocation payments Exempt income 1: An amount that an employer pays to or on behalf of an employee in connection with the expenses of the employee in a work-related relocation is exempt income of the employee. Actual expenditure 2: The amount paid must be no more than the actual cost incurred by or on behalf of the employee on an expense that the Commissioner lists as an eligible relocation expense in a determination made under subsection (6). Time limit 3: Subsection (1) applies only to expenditure incurred to the end of the tax year following that in which the relocation occurs. For the purposes of this subsection, a temporary move that has not been treated as a work-related relocation under this section is ignored. Meaning of work-related relocation 4: Work-related relocation a: because the employee's workplace is not within reasonable daily travelling distance of their residence; and b: as a result of the employee— i: taking up new employment with a new employer; or ii: taking up new duties at a new location with their existing employer; or iii: continuing in their current position but at a new location. Exemption from distance test 5: The requirement in subsection (4)(a) for a person's workplace to be beyond reasonable travelling distance of their residence does not apply to a person whose accommodation forms an integral part of their work. Determinations 6: The Commissioner may issue a determination for the purposes of this section under section 91AAR of the Tax Administration Act 1994 to provide a list of eligible relocation expenses, and may extend or modify the list from time to time as required. The Commissioner must give at least 30 days' notice of the implementation date of any alteration. Defined in this Act: amount, Commissioner, employee, employer, exempt income, tax year, work-related relocation CW 17C: Payments for overtime meals and certain other allowances Exempt income: overtime meals 1: An amount that an employer pays to or on behalf of an employee for a meal for the employee when the employee is working overtime is exempt income of the employee. Exempt income: certain sustenance allowances 2: An amount that an employer pays to an employee as a sustenance allowance for the employee for a day is exempt income of the employee if— a: the employee works a minimum of 7 hours on the day; and b: their employment requires them— i: to work outdoors and away from their employment base for most of the day; and ii: to undertake a long period of physical activity in travelling through a neighbourhood or district on foot or by bicycle; and c: it is not practicable for the employer to provide sufficient sustenance on the day for the period when the employee is working outdoors; and d: the allowance recognises— i: the arduous physical nature of the employee's work as described in paragraph (b); and ii: that the employer would normally provide tea, coffee, water, or similar refreshments at the employment base in the course of their business. Eligibility requirements: overtime meals 3: Subsection (1) applies only if— a: the employee has worked at least 2 hours' overtime on the day of the meal; and b: either— i: the employee's employment agreement provides for pay for overtime hours worked; or ii: the employer has an established policy or practice of paying for overtime meals. Eligibility requirements: sustenance allowances 4: Subsection (2) applies only if the employer has an established policy or practice of paying a sustenance allowance. Actual cost or reasonable estimate 5: The amount paid must be— a: the actual cost to the employee, and for an overtime meal referred to in subsection (1), with documentation required for amounts over $20 per meal; or b: a reasonable estimate of the expenditure likely to be incurred by the employee or a group of employees for whom an amount is payable. Meaning of overtime 6: For the purposes of this section, overtime Defined in this Act: amount, employee, employer, exempt income, overtime, pay . 46: Section CW 37 repealed 1: Section CW 37 2: Subsection (1) applies for an amount derived by a company as a large budget screen production grant if— a: the final application for the large budget screen production grant is made on or after 1 October 2009; and b: the company does not incur before 1 July 2008 an amount of $3,000,000 or more in expenditure on the project to which the large budget screen production grant relates. 47: Local and regional promotion bodies In section CW 40 associated person 48: Charities: business income In section CW 42(5), (7), (8), and (9) subsection (1)(b) subsection (1)(c) 49: New section CW 59C inserted 1: After section CW 59B CW 59C: Life reinsurance outside New Zealand An amount of life reinsurance claim derived by a life insurer is exempt income to the extent to which, for the relevant life reinsurance policy, deductions for premiums are denied under section DR 3 (Life reinsurance outside New Zealand). Defined in this Act: amount, claim, deduction, exempt income, income, life insurer, life reinsurance, life reinsurance policy, New Zealand, premium . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 50: New section CW 62B inserted 1: After section CW 62 CW 62B: Voluntary activities Exempt income 1: When a volunteer, in undertaking a voluntary activity, derives an amount that is a reimbursement payment to cover actual expenses incurred by them, the amount is exempt income of the volunteer. Estimated expenditure 2: For the purposes of subsection (1)— a: a person may make a reasonable estimate of the amount of expenditure likely to be incurred by the volunteer for which reimbursement is payable; and b: the amount estimated is treated as if it were the amount incurred. Payments partly reimbursement and partly honorarium 3: If the person paying the amount to the volunteer makes a payment to them that is only partly a reimbursement of expenses, the person must identify the portion of the amount that is the reimbursement, and treat the remainder as an honorarium, being a schedular payment to which the PAYE rules apply. Who is a volunteer? 4: For the purposes of this section, a volunteer a: chosen either by themselves or by a group of which they are a member; and b: that provides a benefit to a community or another person; and c: for which there is no purpose or intention of private pecuniary profit for the person. Honoraria 5: For the purposes of this section, and schedule 4, part B (Rates of tax for schedular payments), an honorarium a: is paid at a rate that is less than the market rate for providing the services; and b: is an amount for which, in the normal course, no payment is fixed for the services provided. Nature of reimbursement payment 6: For the purposes of this section, it does not matter whether— a: an amount of a reimbursement payment is paid in 1 sum or not: b: the amount is paid during an income year or at the end of an income year. Relationship with section RD 8(3) 7: A determination made by the Commissioner under section RD 8(3) (Schedular payments) may apply to modify an amount of expenditure under this section. Defined in this Act: amount, exempt income, honorarium, income year, New Zealand, pay, PAYE rules, schedular payment, volunteer . 2: Subsection (1) 51: Meaning of fringe benefit 1: In section CX 2(5) 5: A benefit may be treated for the purposes of the FBT rules as being provided by an employer to an employee under— . 2: In section CX 2 FBT rules 3: Subsections (1) and (2) apply for the 2010–11 and later income years. 52: Contributions to superannuation schemes 1: Section CX 13(2) 2: This section does not apply if the contribution is an employer's superannuation cash contribution. 2: In section CX 13 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 53: Benefits provided instead of allowances In section CX 19(1)(b) transport costs). transport costs); or c: an amount that, if it had been paid, would have been exempt income under section CW 17B (Relocation payments). 54: Section CX 28 replaced 1: Section CX 28 CX 28: Accommodation The value of accommodation that an employer provides to an employee in connection with the employment or services is not a fringe benefit. Defined in this Act: accommodation, employee, employer, employment, fringe benefit . 2: Subsection (1) applies for the 2008–09 and later income years. 55: Section CX 39 repealed 1: Section CX 39 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 56: Government grants to businesses 1: Section CX 47(1)(d)(i) i: expenditure that they incur and for which they would be allowed a deduction in the absence of section DF 1 (Government grants to businesses): . 2: Section CX 47(3) Exclusion 3: This section does not apply to a grant made under the Agriculture Recovery Programme for the Lower North Island and Eastern Bay of Plenty, to the extent to which the grant relates to expenditure— a: incurred by the recipient before the grant; and b: for which the recipient would be allowed a deduction in the absence of section DF 1. 3: In section CX 47 large budget screen production grant 4: Subsection (1) applies for the 2008–09 and later income years. 5: Subsection (2) applies for an amount derived by a company as a large budget screen production grant if— a: the final application for the large budget screen production grant is made on or after 1 October 2009; and b: the company does not incur before 1 July 2008 an amount of $3,000,000 or more in expenditure on the project to which the large budget screen production grant relates. 57: Amounts remitted as condition of new start grant 1: Section CX 48(1) 1: This section applies when in an income year of a person— a: the person carries on a business of— i: animal husbandry: ii: poultry-keeping: iii: beekeeping: iv: breeding horses other than bloodstock: v: horticulture: vi: cropping; and b: the person is paid a new start grant for the business for an event that is declared to be an emergency event; and c: the person in carrying on the business— i: incurs a liability for expenditure or loss before the declaration of the emergency event; and ii: before the date that is 3 months after the end of the period for which the declaration applies, takes the liability into account in calculating the person’s taxable income for an income year; and d: the liability referred to in paragraph (c)(i) i: as a prerequisite for the payment of the new start grant; and ii: before the date that is 18 months after the end of the period for which the declaration applies; and e: the amount of the remitted liability is income of the person under section CG 2 (Remitted amounts). 2: In section CX 48 a: qualifying event b: emergency event 58: Section CX 48B repealed Section CX 48B 59: New heading and section CX 48C inserted Before section CX 49 Government funding of film and television CX 48C: Government funding additional to government screen production payments When this section applies 1: This section applies when a public authority makes a payment to a person for a project if— a: the payment is not in the nature of a grant or subsidy; and b: the payment is not a grant-related suspensory loan; and c: the person receives a government screen production payment for the project in addition to the payment. Excluded income 2: The payment is excluded income of the person. Defined in this Act: excluded income, government screen production payment, grant-related suspensory loan, pay, public authority . 60: New heading and section CX 48D inserted 1: After section CX 48C, the following is inserted: Research and development CX 48D: Tax credits for expenditure on research and development The amount of a tax credit that a person has under subpart LH (Tax credits for expenditure on research and development) is excluded income of the person. Defined in this Act: amount, excluded income, tax credit . 2: Subsection (1) applies for the 2008–09 and later income years. 61: New heading and section CX 51B inserted After section CX 51 Emissions units under Climate Change Response Act 2002 CX 51B: Disposal of pre-1990 forest land emissions units Who this section applies to 1: This section applies to a person who disposes of a pre-1990 forest land emissions unit other than by surrender. Excluded income: disposal 2: An amount of income that the person derives from the disposal is excluded income if, at the time of the disposal, the person would not derive income, other than exempt income or excluded income, from a disposal without timber of the pre-1990 forest land to which the emissions unit relates. Defined in this Act: amount, emissions unit, excluded income, income, pre-1990 forest land, pre-1990 forest land emissions unit, surrender . 62: Proceeds from certain disposals by portfolio investment entities or New Zealand Superannuation Fund Section CX 55(1)(b) b: resident in Australia and— i: not treated as resident in a country other than Australia under an agreement between Australia and the other country that would be a double tax agreement if negotiated between New Zealand and the other country; and ii: included in an index that is an approved index under the ASX Market Rules, made under Chapter 7 of the Corporations Act 2001 (Aust); and iii: required under the Income Tax Assessment Act 1997 (Aust) and Income Tax Assessment Act 1936 (Aust) to maintain a franking account. 63: Section CX 55 replaced 1: Section CX 55 CX 55: Proceeds from disposal of investment shares What this section applies to 1: This section applies in an income year to the following entities unless the entity is assured, under an arrangement with another person, of having a gain on the disposal: a: a portfolio investment entity other than a life fund PIE: b: the New Zealand Superannuation Fund: c: a life insurer. Excluded income 2: An amount that the entity derives from the disposal in the income year of a share issued by a company referred to in subsection (3) is— a: excluded income of the entity for the income year, if the entity is described in subsection (1)(a) or (b); or b: excluded income of the entity for the income year to the extent to which the amount is actuarially determined to be policyholder base income, if the entity is a life insurer. Particular company 3: The company referred to in subsection (2) is,— a: at all times in the income year, a company resident in New Zealand and not treated under and for the purposes of a double tax agreement as not resident in New Zealand; or b: a company that meets the following requirements: i: a company that, at all times in the income year, is resident in Australia and not treated as resident in a country other than Australia under an agreement between Australia and the other country, that would be a double tax agreement if negotiated between New Zealand and the other country; and ii: a company that, at the start of the income year or at the time the shares are first acquired in the income year, is included in an approved index under the ASX Market Rules made under Chapter 7 of the Corporations Act 2001 (Aust); and iii: a company that, at all times in the income year, is required under the Income Tax Assessment Act 1997 (Aust) and the Income Tax Assessment Act 1936 (Aust) to maintain a franking account. Non-participating redeemable shares 4: This section does not apply to a non-participating redeemable share. Defined in this Act: actuarially determined, amount, arrangement, company, double tax agreement, excluded income, income year, life fund PIE, life insurer, non-participating redeemable share, policyholder base income, portfolio investment entity, resident in Australia, resident in New Zealand, share . 2: Subsection (1) applies— a: for a portfolio investment entity, including a life fund PIE, and the New Zealand Superannuation Fund, for the 2010–11 and later income years: b: for a life insurer, other than in relation to a life fund PIE,— i: on and after 1 July 2010, unless subparagraph (ii) ii: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. Section 63(2)(b)(i) amended 8 December 2009 section 166 Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 64: Portfolio investor allocated income and distributions of income by portfolio investment entities After section CX 56(3) When trustees choose 19.5% portfolio investor rate 4: Subsection (1) does not apply in relation to portfolio investor allocated income derived by a trustee who has chosen a portfolio investor rate of 19.5%. 65: Section CX 56 replaced 1: Section CX 56 CX 56: Attributed income of certain investors in multi-rate PIEs When this section applies 1: This section applies when an investor in a multi-rate PIE derives income attributed under section CP 1 (Attributed income of investors in multi-rate PIEs) in an income year, and— a: the prescribed investor rate for the investor in the relevant calculation period is more than zero; and b: that rate is not more than the tax rate notified under section HM 60 (Notified rates) in relation to the investor when the PIE calculates— i: its income tax liability under section HM 47 (Calculation of tax liability or tax credit of multi-rate PIEs) in relation to the income; or ii: a voluntary payment under section HM 45 (Voluntary payments) that is intended to be a final payment of its income tax liability in relation to the income. When this section does not apply 2: This section does not apply when— a: the PIE calculates its income tax liability using the quarterly calculation option under section HM 43 (Quarterly calculation option) and the amount is attributed to an investor who is treated under section HM 61 (Certain exiting investors zero-rated) as zero-rated: b: an amount of attributed PIE income is derived by a trustee who has chosen an investor rate of 19.5% under section HM 58 (Optional investor rates for trustees: 30%, 19.5%). Excluded income 3: The amount is excluded income of the investor. Defined in this Act: amount, attribution period, calculation period, excluded income, income, income tax liability, income year, investor, multi-rate PIE, pay, PIE, prescribed investor rate, quarter CX 56B: Distributions to investors in multi-rate PIEs An amount of income derived by an investor in a multi-rate PIE as a distribution of or dividend of the PIE is excluded income of the investor. Defined in this Act: amount, dividend, excluded income, income, investor, multi-rate PIE CX 56C: Distributions to investors by listed PIEs Resident investors 1: If an investor in a listed PIE derives an amount in an income year as a distribution by or dividend of the PIE, the amount is excluded income of the investor if they— a: are resident; and b: are a natural person or a trustee; and c: do not include the amount as income in a return of income for the income year. Imputed dividends 2: If subsection (1)(a) to (c) does not apply to the investor, the amount is excluded income to the extent to which the amount of the distribution or dividend is more than the amount that is fully credited as described in section CD 43(26) (Available subscribed capital amount). Defined in this Act: amount, dividend, excluded income, income year, investor, listed PIE, PIE, resident, return of income, trustee . 2: Subsection (1) applies for the 2010–11 and later income years. 66: Section CX 57 replaced 1: Section CX 57 CX 57: Credits for investment fees When this section applies 1: This section applies when— a: a multi-rate PIE includes a credit for fees in the calculation of its tax liability under section HM 47 (Calculation of tax liability or tax credit of multi-rate PIEs) in relation to an investor in an investor class of the PIE; and b: an amount of the credit is attributed to the investor as a member of the class. Excluded income 2: The amount allocated is excluded income of the investor. Defined in this Act: amount, excluded income, investor, investor class, multi-rate PIE, PIE . 2: Subsection (1) applies for the 2010–11 and later income years. 67: New section CZ 9B inserted After section CZ 9 CZ 9B: Available capital distribution amount: 1988 to 2010 When this section applies 1: This section applies for the purposes of section CD 44 (Available capital distribution amount) in relation to capital gain amounts derived or capital loss amounts incurred in the period that starts on 1 April 1988 and ends on 31 March 2010. Related person transactions 2: No capital gain amount is derived or capital loss amount incurred by a company disposing of property under an arrangement with a related person. But this subsection does not apply if— a: the company is a close company; and b: the related person is not a company; and c: the disposal is not on the liquidation of the company. Meaning of related person 3: In this section, related person first company a: the person owns, can control, directly or indirectly, or has the right to acquire 20% or more of the first company's ordinary shares; or b: the person owns, can control, directly or indirectly, or has the right to acquire 20% or more of the voting rights of shareholders in the first company; or c: the person is a company and the first company owns, can control, directly or indirectly, or has the right to acquire 20% or more of the ordinary shares in the person; or d: the person is a company and the first company owns, can control, directly or indirectly, or has the right to acquire 20% or more of the voting rights of shareholders in the company; or e: the person is a company and 20% or more of the shares or voting rights in the person are owned or controlled by persons that also own, control, or have the right to acquire 20% or more of the shares or voting rights in the first company; or f: the person is a partner or co-venturer of the first company; or g: the person is the trustee of a trust and the first company, or a person who is a related person of the first company under this subsection, benefits or can benefit under the trust, directly or indirectly; or h: the person is a partnership and 1 or more persons, that are related persons of the first company under this subsection, are entitled to 50% or more of the partnership's assets or profits or are able to control the partnership. Look-through relatives and nominees 4: For the purposes of subsection (3), a person is treated as holding anything held by— a: their spouse, civil union partner, or de facto partner; or b: their child; or c: a child of their spouse, civil union partner, or de facto partner; or d: a spouse, civil union partner, or de facto partner of their child, or of a child of their spouse, civil union partner, or de facto partner. Look-through interposed companies 5: For the purposes of subsection (3)(e), if shares or voting rights in a company are owned or controlled by another company, a look-through approach must be applied. The look-through approach requires that— a: the shares or voting rights are treated as if owned or controlled by the shareholders in the other company; and b: if a shareholder in the other company is a company, that shareholder's portion of the shares or voting rights are treated as if owned or controlled by the shareholders in the shareholder company; and c: the approach is applied in the same way to any chain of companies, whatever the length of the chain. Defined in this Act: amount, close company, company, liquidation, related person, share, shareholder, trustee . 68: Determining tax liabilities 1: Section DB 3(4) 4: This section supplements the general permission and overrides the capital limitation, the private limitation, and the employment limitation. The other general limitations still apply. 2: In section DB 3 capital limitation 3: Subsection (1) applies for the 2008–09 and later income years. 69: Interest: not capital expenditure 1: Section DB 6(3) 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 70: Interest: most companies need no nexus with income 1: Section DB 7(7) 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 71: Interest: money borrowed to acquire shares in group companies 1: Section DB 8(7) 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 72: New section DB 10B inserted After section DB 10 DB 10B: Interest or expenditure connected to stapled debt security No deduction 1: A company that issues a stapled debt security is denied, while section FA 2B(2) (Stapled debt securities) applies to the security, a deduction for— a: interest payable under the security: b: expenditure or loss incurred in connection with the security: c: expenditure or loss incurred in borrowing the money secured by or owing under the security. Relationship with sections DB 5 to DB 8 2: This section overrides sections DB 5 to DB 8. Link with subpart DA 3: This section overrides the general permission. Defined in this Act: deduction, general permission, interest, pay, stapled debt security . 73: Cost of revenue account property 1: Section DB 23(2)(a) 2: In section DB 23(2)(b) Proceeds from certain disposals by portfolio investment entities or New Zealand Superannuation Fund Proceeds from disposal of investment shares 3: In section DB 23 portfolio investment entity 4: Subsections (1) and (2) apply for the 2010–11 and later income years. 74: Charitable or other public benefit gifts by company 1: In section DB 41(2) a society, institution, association, organisation, trust, or fund of any of the kinds described in section LD 3(2) (Meaning of charitable or other public benefit gift) or set out in schedule 32 (Recipients of charitable or other public benefit gifts) a donee organisation 2: In section DB 41 a: close company company recognised exchange share b: donee organisation 75: Property misappropriated by employees or service providers 1: Section DB 42(2) 2: This section does not apply when a person who misappropriates property is associated with the person who carries on the business. 2: Subsection (1) applies for the 2010–11 and later income years. 76: Portfolio investment entities: zero-rated portfolio investors and allocated losses 1: Section DB 53(1) 1: This section applies in relation to an investor in a portfolio investor class of a portfolio tax rate entity when— a: either— i: the entity pays tax under section HL 22 (Payments of tax by portfolio tax rate entity making no election) and the investor exits from the entity during a portfolio calculation period; or ii: the investor is a zero-rated portfolio investor for the period; and b: the period includes a portfolio allocation period for which the investor is allocated an amount of portfolio investor allocated loss under subpart HL (Portfolio investment entities). 2: Subsection (1) applies for the 2008–09 and later income years. 77: Section DB 53 replaced 1: Section DB 53 DB 53: Attributed PIE losses of certain investors When this section applies 1: This section applies to an investor in a multi-rate PIE when— a: an amount of attributed PIE loss is attributed under section HM 36 (Calculating amounts attributed to investors) to an investor for an attribution period in a tax year; and b: either the investor is— i: a zero-rated investor; or ii: treated under section HM 61 (Certain exiting investors zero-rated) as zero-rated. Deduction 2: The investor is allowed a deduction for the amount allocated to the investor's income year in which the PIE's tax year ends. Link with subpart DA 3: This section supplements the general permission. The general limitations still apply. Defined in this Act: amount, attributed PIE loss, attribution period, deduction, exit period, general limitation, general permission, income tax liability, income year, investor, multi-rate PIE, PIE, quarter, tax year, zero-rated investor 2007 No 97 s DB 53 . 2: Subsection (1) applies for the 2010–11 and later income years. 78: Section DB 54 replaced 1: Section DB 54 DB 54: Treatment of credits for investment fees When this section applies 1: This section applies when an investor in an investor class of a multi-rate PIE incurs expenses in relation to their investor interest, and the entity includes the amount in the calculation of its tax liability under section HM 47 (Calculation of tax liability or tax credit of multi-rate PIEs) in relation to the investor. No deduction 2: The investor is denied a deduction for the amount. Link with subpart DA 3: This section overrides the general permission. Defined in this Act: amount, deduction, general permission, investor, investor class, investor interest, multi-rate PIE 2007 No 97 s DB 54 . 2: Subsection (1) applies for the 2010–11 and later income years. 79: Expenditure incurred in deriving exempt dividend 1: Section DB 55(1) and (2) Deduction 1: A company that derives a dividend that is exempt income of the company under section CW 9 (Dividend derived from foreign company) is allowed a deduction of the amount of the expenditure incurred by the company in deriving the dividend. 2: In section DB 55 CTR company 3: Subsection (1) applies for all income years beginning on or after 1 July 2009. 80: Heading and section DB 60 replaced The heading after section DB 59 section DB 60 Emissions units and liabilities under Climate Change Response Act 2002 DB 60: Acquisition of emissions units When this section applies 1: This section applies when a person is transferred an emissions unit under section 64, or Part 4 subpart 2, of the Climate Change Response Act 2002 for a price of zero. No deduction 2: The person is denied a deduction for an amount of expenditure or loss incurred as consideration for the emissions unit. Link with subpart DA 3: Subsection (2) overrides the general permission. Defined in this Act: amount, emissions unit, general permission, loss . 81: New section DB 60B inserted 1: After section DB 60 DB 60B: Liabilities for emissions When this section applies 1: This section applies when a person incurs a liability under the Climate Change Response Act 2002 for emissions relating to post-1989 forest land or pre-1990 forest land. No deduction 2: The person is denied a deduction for the liability. Link with subpart DA 3: Subsection (2) overrides the general permission. Defined in this Act: amount, deduction, general permission, post-1989 forest land, pre-1990 forest land . 2: Subsection (1) applies for deductions accrued on or after 1 January 2008. 82: Contributions to employees' superannuation schemes 1: In section DC 7(1), for a contribution for a superannuation contribution 2: In section DC 7(1B) for a contribution for a superannuation contribution 3: In section DC 7 superannuation contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 83: Criteria for approval of share purchase schemes: before period of restriction ends 1: Section DC 13(5)(d) d: the trustee to be prohibited from applying the amount of any dividend to the repayment of a sum owing to the company or to the trustee; and . 2: Subsection (1) applies for the 2008–09 and later income years. 84: Employment-related activities 1: The heading to section DD 4(3) Relocation expenses, employees' meals, and sustenance allowances 2: Section DD 4(3)(a) a: an amount that is exempt income of an employee under sections CW 17B and CW 17C (which relate to relocation expenses, expenditure on overtime meals, and sustenance allowances): . 3: In section DD 4 amount 85: Interpretation: reimbursement and apportionment In section DD 10(a) section CW 17 (Expenditure on account, and reimbursement of employees) sections CW 17, CW 17B, and CW 17C (which relate to expenditure and reimbursement of employees) 86: Heading to subpart DF In the heading to subpart DF , funding, grants 87: Government grants to businesses 1: Section DF 1(6) 2: In section DF 1 large budget screen production grant 3: Subsection (1) applies for an amount derived by a company as a large budget screen production grant if— a: the final application for the large budget screen production grant is made on or after 1 October 2009; and b: the company does not incur before 1 July 2008 an amount of $3,000,000 or more in expenditure on the project to which the large budget screen production grant relates. 88: Payments for social rehabilitation In section DF 4(3)(b) part H, part I, 89: New section DF 5 added After section DF 4 DF 5: Government funding additional to government screen production payments When this section applies 1: This section applies when a public authority makes a payment (the funding payment a: the funding payment is not in the nature of a grant or subsidy; and b: the funding payment is not a grant-related suspensory loan; and c: the person receives a government screen production payment for the project in addition to the funding payment; and d: the person would be allowed a deduction for the expenditure in the absence of this section; and e: the payment is excluded income under section CX 48C No deduction for expenditure 2: The person is denied, to the extent of the amount of the funding payment, the deduction for the expenditure that would be allowed in the absence of this section. Deduction for payments to public authority 3: The person is allowed a deduction for the amount of a payment (the return payment Links with subpart DA 4: In this section— a: subsection (2) overrides the general permission; and b: subsection (3) supplements the general permission and overrides the capital limitation; the other general limitations still apply. Defined in this Act: capital limitation, deduction, excluded income, general limitation, general permission, government screen production payment, grant-related suspensory loan, pay, public authority . 90: When attributed CFC loss arises 1: After the heading to section DN 2 General rule 2: Section DN 2(f) and (g) f: the CFC has a net attributable CFC loss for the accounting period under section EX 20C (Net attributable CFC income or loss); and h: the CFC is not a non-attributing active CFC for the accounting period, under section EX 21B (Non-attributing active CFCs); and i: the CFC is not a non-attributing Australian CFC for the accounting period, under section EX 22 (Non-attributing Australian CFCs). 3: After section DN 2(i) Special rule: Attributable CFC amount from personal services 2: If a person and a non-attributing active CFC or non-attributing Australian CFC meet the requirements of subsection (1)(a) to (e) and the CFC derives income from personal services that is an attributable CFC amount under section EX 20B(3)(h) (Attributable CFC amount), the person has attributed CFC loss a: the person's income interest in the CFC: b: the amount by which the CFC's expenditure incurred in deriving the income from personal services exceeds the income from personal services. 4: In section DN 2 a: branch equivalent loss b: attributable CFC amount net attributable CFC loss non-attributing active CFC non-attributing Australian CFC 5: Subsections (2) and (3) apply for all income years beginning on or after 1 July 2009. 91: When FIF loss arises 1: Section DN 6(3) FIF loss from CFC with FIF interest 3: FIF loss 2: In section DN 6 non-attributing Australian CFC 3: Subsection (1) applies for all income years beginning on or after 1 July 2009. 92: Section DO 11B repealed 1: Section DO 11B 2: Subsection (1) applies for the 2009–10 and later income years. 93: Forestry business on land bought from the Crown, Maori owners, or holding company: no deduction 1: In the heading to section DP 8(3) section FA 2 sections FA 2 and FA 2B 2: In section DP 8(3) as it applies to substituting debentures, does , as it applies to substituting debentures, and section FA 2B (Stapled debt securities) do 94: Sections DR 1 to DR 3 replaced 1: Sections DR 1 to DR 3 DR 1: Policyholder base allowable deduction of life insurer Deduction 1: If, but for this section, a life insurer has an amount of policyholder base allowable deduction for an income year and that amount is neither a deduction under this Part nor denied as a deduction under this Part, the amount is a deduction of the life insurer for the income year. No cross-deducting: section EY 2 2: A policyholder base allowable deduction is not allowed against shareholder base income. Section EY 2 (Policyholder base) deals with allowing policyholder base allowable deductions against policyholder base income, and deals with deductions that relate to the life insurer's schedular income derived by their life fund PIE that is a multi-rate PIE. Link with subpart DA 3: Subsections (1) and (2) override the general permission. Defined in this Act: amount, deduction, general permission, income year, life fund PIE, life insurer, multi-rate PIE, policyholder base allowable deduction, policyholder base income, shareholder base income DR 2: Shareholder base allowable deduction of life insurer Deduction 1: If, but for this section, a life insurer has an amount of shareholder base allowable deduction for an income year and that amount is neither a deduction under this Part nor denied as a deduction under this Part, the amount is a deduction of the life insurer for the income year. No cross-deducting 2: A shareholder base allowable deduction is not allowed against policyholder base income. Link with subpart DA 3: Subsections (1) and (2) override the general permission. Defined in this Act: amount, deduction, general permission, income year, life insurer, policyholder base income, shareholder base allowable deduction DR 3: Life reinsurance outside New Zealand No deduction A life insurer is denied a deduction for life reinsurance premiums they incur if the relevant life reinsurance policy,–– a: was not offered in New Zealand: b: was not entered into in New Zealand. Defined in this Act: amount, deduction, general permission, income year, life insurer, life reinsurance, life reinsurance policy, New Zealand DR 4: Life insurers' claims reserves No deduction on account of claims 1: For a life insurer's life insurance policies, the life insurer is denied a deduction relating to the life insurer's outstanding claims or for a claim's expenditure or loss for an income year, except as provided by–– a: section EY 24 (Outstanding claims reserving amount: non-participation policies not annuities): b: subsection (2). Deduction for payments of current claims 2: The life insurer is allowed a deduction for the amount of expenditure or loss of a claim paid under a life insurance policy for the income year. Link with subpart DA 3: This section supplements the general permission. The general limitations still apply. Defined in this Act: claim, deduction, general limitation, general permission, life insurance policy, life insurer . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 95: Film production expenditure 1: Section DS 2(4) Timing of deduction 4: The deduction is allocated under— a: section EJ 4 or EJ 5 (which relate to expenditure incurred in acquiring film rights) if the film is one for which a government screen production payment is made; or b: section EJ 7 or EJ 8 (which relate to film production expenditure) if the film is not one for which a government screen production payment is made. 2: In section DS 2 a: large budget screen production grant b: government screen production payment 96: Meaning of film reimbursement scheme 1: Section DS 4(5) 5: For the purposes of subsection (3), a shareholder in a loss-attributing qualifying company and the company are associated persons, in addition to the associated persons described in the provisions of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or in the 1988 version provisions. 2: Section DS 4(5) 5: For the purposes of subsection (3), a shareholder in a loss-attributing qualifying company and the company are associated persons, in addition to the associated persons described in subpart YB (Associated persons and nominees). 3: In section DS 4 1973 version provisions 1988 version provisions 1990 version provisions 4: In section DS 4 1973 version provisions 1988 version provisions 1990 version provisions 5: Subsection (2) applies for the 2010–11 and later income years. 97: New section DT 1A inserted 1: Before section DT 1 DT 1A: Ring-fenced allocations When this section applies 1: This section applies to an amount of a person's deductions for expenditure and loss for an income year to the extent to which it is— a: petroleum exploration expenditure: b: petroleum development expenditure: c: residual expenditure. Basis for allocation of deductions 2: If, but for this subsection, an amount that relates to petroleum mining operations undertaken outside New Zealand would be allocated to an income year (the current year Excess allocations: carried forward and re-instated next year 3: Any excess not allocated to the current year because of subsection (2) is carried forward and treated as— a: relating to petroleum mining operations undertaken outside New Zealand for the next income year; and b: allocated to that next income year. Restriction on reinstating excess allocations 4: Despite subsection (3), the excess is not allocated to the next income year, and no deduction is allowed or allocated to any income year for the excess, if sections IA 5 and IP 3 (which relate to the carrying forward of tax losses for companies) would not have allowed the excess to be carried forward to that next income year in a loss balance, treating the excess as a tax loss component arising on the last day of the current year. Defined in this Act: deduction, income year, loss balance, New Zealand, petroleum development expenditure, petroleum exploration expenditure, petroleum mining operation, residual expenditure, tax loss component . 2: Subsection (1) applies for expenditure incurred on or after 4 March 2008. 98: Arrangement for petroleum exploration expenditure and sale of property 1: In section DT 2(1)(b) b: the person or a person associated with them under the provisions of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions may dispose of property— . 2: In section DT 2(1)(b) b: the person or a person associated with them may dispose of property— . 3: In section DT 2(1)(c) ii: a petroleum permit; or iii: material or a permit that relates to petroleum mining operations undertaken outside New Zealand, and that material or permit are substantially the same as those described in subparagraphs (i) or (ii), with necessary modifications made to this subpart and the Crown Minerals Act 1991. 4: In section DT 2 1973 version provisions 1988 version provisions 1990 version provisions 5: In section DT 2 1973 version provisions 1988 version provisions 1990 version provisions 6: Subsection (2) applies for the 2010–11 and later income years. 99: Petroleum development expenditure 1: Section DT 5(1) and (2) Deduction 1: A petroleum miner is allowed a deduction for petroleum development expenditure incurred by them. Timing of deduction 2: For an income year, an amount of the deduction is allocated to that year, as provided by— a: section EJ 12 (Petroleum development expenditure: default allocation rule); or b: section EJ 12B (Petroleum development expenditure: reserve depletion method). 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 100: Disposal of petroleum mining asset to associate 1: In section DT 9(1)(b) section EJ 12 (Petroleum development expenditure) section EJ 12 or EJ 12B (which relate to petroleum development expenditure) 2: Section DT 9(2)(b) b: the amount of the deduction allocated under section EJ 12 or EJ 12B to the income years after the income year in which the miner disposes of the asset. 3: Subsections (1) and (2) apply for expenditure incurred on or after 1 April 2008. 101: Amount written off by holding company 1: In section DU 12(3)(a) tax year income year 2: Section DU 12(3)(b) b: the prescribed proportion of the total amount of mining exploration expenditure and mining development expenditure incurred by the mining company before the end of the income year in which the amount referred to in subsection (1) is written off, reduced by the total amount of deductions the holding company is allowed under this section in all income years before the income year in which that amount is written off. 3: Subsection (2) applies for the 2008–09 and later income years. 102: Transfer of expenditure to master fund 1: Section DV 2(6) 6: The expenditure is treated as being incurred by the master superannuation fund as follows: a: for a master fund that is a portfolio tax rate entity, in the income year in which the expenditure is transferred by the member superannuation fund; or b: for other master funds, in the same income year as that in which it was incurred by the member superannuation fund. 2: Section DV 2(6) 6: The expenditure is treated as being incurred by the master superannuation fund as follows: a: for a master fund that is a multi-rate PIE, in the income year in which the expenditure is transferred by the member superannuation fund; or b: for other master funds, in the same income year as that in which it was incurred by the member superannuation fund. 3: After section DV 2(8) Amount of deduction when master fund is portfolio tax rate entity 8B: Despite subsection (8), a master superannuation fund that is a portfolio tax rate entity is allowed a deduction for expenditure transferred to it by a member superannuation fund. However, the maximum amount transferred must be no more than the member fund's share of the entity's taxable income for the income year in which the amount is transferred, any excess being treated as not transferred. 4: Section DV 2(8B) 8B: Despite subsection (8), a master superannuation fund that is a multi-rate PIE is allowed a deduction for expenditure transferred to it by a member superannuation fund. However, the maximum amount transferred must be no more than the member fund's share of the taxable income of the PIE for the income year in which the amount is transferred, any excess being treated as not transferred. 5: In section DV 2 portfolio investor interest portfolio tax rate entity 6: In section DV 2 a: portfolio investor interest portfolio tax rate entity b: investor interest multi-rate PIE 7: Subsections (1) and (3) apply for the 2008–09 and 2009–10 income years. 8: Subsections (2) and (4) apply for the 2010–11 and later income years. 103: Carry forward of expenditure 1: After section DV 4(1) What this section does not apply to 1B: This section does not apply to a transfer of expenditure to a master superannuation fund that is a portfolio tax rate entity. 2: Section DV 4(1B) What this section does not apply to 1B: This section does not apply to a transfer of expenditure to a master superannuation fund that is a multi-rate PIE. 3: In section DV 4 portfolio tax rate entity 4: In section DV 4 a: portfolio tax rate entity b: multi-rate PIE 5: Subsection (1) applies for the 2008–09 and 2009–10 income years. 6: Subsection (2) applies for the 2010–11 and later income years. 104: New section DV 4B inserted and replaced 1: After section DV 4 DV 4B: Carry forward of expenditure by member funds investing in portfolio investment entities When this section applies 1: This section applies when— a: a master fund that is a portfolio tax rate entity has a deduction under section DV 2(8B) for an income year for expenditure transferred to it by a member fund; and b: the amount of the expenditure that meets the tests set out in section DV 2(2) is more than the amount transferred for the income year, so there is surplus expenditure for the member fund. Member fund carrying expenditure forward 2: The member fund may carry forward the surplus expenditure for transfer under section DV 2(8B) in a later income year. Expenditure as loss balance 3: If the member fund carries forward surplus expenditure in an income year, the member fund may treat some or all of the expenditure as a loss balance for the corresponding tax year. Defined in this Act: amount, deduction, income year, loss balance, master fund, portfolio tax rate entity, tax year . 2: Section DV 4B DV 4B: Carry forward of expenditure by member funds investing in portfolio investment entities When this section applies 1: This section applies when— a: a master fund that is a multi-rate PIE has a deduction under section DV 2(8B) for an income year for expenditure transferred to it by a member fund; and b: the amount of the expenditure that meets the tests set out in section DV 2(2) is more than the amount transferred for the income year, so there is surplus expenditure for the member fund. Member fund carrying expenditure forward 2: The member fund may carry forward the surplus expenditure for transfer under section DV 2(8B) in a later income year. Expenditure as loss balance 3: If the member fund carries forward surplus expenditure in an income year, the member fund may treat some or all of the expenditure as a loss balance for the corresponding tax year. Defined in this Act: amount, deduction, income year, loss balance, master fund, multi-rate PIE, tax year . 3: Subsection (1) applies for the 2008–09 and 2009–10 income years. 4: Subsection (2) applies for the 2010–11 and later income years. 105: Investment funds: transfer of expenditure to master funds 1: After section DV 5(7) Amount of deduction when master fund is portfolio tax rate entity 7B: Despite subsection (7), a master fund that is a portfolio tax rate entity is allowed a deduction for expenditure transferred to it by a member fund. However, the maximum amount transferred must be no more than the member fund's share of the entity's taxable income for the income year in which the amount is transferred, any excess being treated as not transferred. 2: Section DV 5(7B) Amount of deduction when master fund is multi-rate PIE 7B: Despite subsection (7), a master fund that is a multi-rate PIE is allowed a deduction for expenditure transferred to it by a member fund. However, the maximum amount transferred must be no more than the member fund's share of the taxable income of the PIE for the income year in which the amount is transferred, any excess being treated as not transferred. 3: In section DV 5 portfolio investor interest portfolio tax rate entity 4: In section DV 5 a: portfolio investor interest portfolio tax rate entity b: investor interest multi-rate PIE 5: Subsection (1) applies for the 2008–09 and 2009–10 income years. 6: Subsection (2) applies for the 2010–11 and later income years. 106: Formula for calculating maximum deduction 1: After section DV 6(4), Portfolio tax rate entities 5: This section does not apply to an amount of expenditure transferred to a master fund that is a portfolio tax rate entity. 2: Section DV 6(5) Multi-rate PIEs 5: This section does not apply to an amount of expenditure transferred to a master fund that is a multi-rate PIE. 3: In section DV 6 portfolio tax rate entity 4: In section DV 6 a: portfolio tax rate entity b: multi-rate PIE 5: Subsection (1) applies for the 2008–09 and 2009–10 income years. 6: Subsection (2) applies for the 2010–11 and later income years. 107: Carry forward of expenditure 1: Section DV 7(1) When this section applies 1: This section applies when a member superannuation fund incurs expenditure that is more than— a: the member fund and master fund agree can be transferred; or b: the maximum amount that can be transferred. Member fund carrying expenditure forward 1B: The member fund may carry forward the expenditure for transfer in a later income year. 2: Subsection (1) applies for the 2008–09 and later income years. 108: Maori authorities: donations 1: In section DV 12(1)(b) a society, institution, association, organisation, trust, or fund to which section LD 3(2) (Meaning of charitable or other public benefit gift) or schedule 32 (Recipients of charitable or other public benefit gifts) applies a donee organisation 2: In section DV 12 donee organisation 109: New section DW 4 added 1: After section DW 3 DW 4: Deduction for general insurance outstanding claims reserve When this section applies 1: This section applies for— a: an insurer who–– i: uses IFRS 4, Appendix D for general insurance contracts: ii: is a life insurer who has general insurance contracts; and b: general insurance contracts, excluding contracts having premiums to which section CR 3 (Income of non-resident general insurer) applies. No deduction on account of claims 2: For an insurer's general insurance contracts, the insurer is denied a deduction relating to the insurer's outstanding claims liability or for a claim's expenditure or loss, except as provided by this section. Formula for insurer's OCR deduction 3: For an income year (the current year opening outstanding claims reserve Definition of items in formula 4: In the formula,— a: opening outstanding claims reserve i: the amount of the insurer's closing outstanding claims reserve for the income year before the current year (the prior year ii: the amount of the insurer's reserve for outstanding claims liability, calculated at the end of the prior year, using the basis the insurer used for tax purposes in that prior year, if the current year is the first year that this section applies to the insurer: b: closing outstanding claims reserve Deduction for payments of current claims 5: The insurer is allowed a deduction for the amount of expenditure or loss of a claim paid to an insured under a general insurance contract for the income year. Link with subpart DA 6: This section supplements the general permission. The general limitations still apply. Defined in this Act: amount, deduction, general insurance contract, general limitation, general permission, IFRS 4, income year, insurer, life insurer, outstanding claims reserve . 2: Subsection (1) applies— a: for an insurer who uses IFRS 4,–– i: for the 2009–10 and later income years, unless subparagraph (ii) applies: ii: for the first income year for which an insurer adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2009–10 income year and the person chooses to use IFRS 4 in a return of income for that first year: b: for a life insurer,–– i: on and after 1 July 2010, unless subparagraph (ii) applies: ii: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 110: Section DX 2 repealed 1: Section DX 2 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 111: Prepayments In section EA 3(7) sections CW 17 (Expenditure on account, and reimbursement, of employees) and CW 18 (Allowance for additional transport costs) sections CW 17, CW 17B, CW 17C, and CW 18 (which relate to expenditure, reimbursement, and allowances of employees) 112: Meaning of trading stock 1: In section EB 2(3)(e) Proceeds from certain disposals by portfolio investment entities or New Zealand Superannuation Fund Proceeds from disposal of investment shares 2: Section EB 2(3)(i) i: an emissions unit: j: a non-Kyoto greenhouse gas unit. 3: In section EB 2 a: ETS unit b: emissions unit non-Kyoto greenhouse gas unit 113: Low-turnover valuation 1: In section EB 13(2) YB 8 YB 3 2: Subsection (1) applies for the 2010–11 and later income years. 114: New heading and section EC 26B inserted 1: After section EC 26 Partnerships: cost price and national standard cost scheme EC 26B: Entering partners' cost base When this section applies 1: This section applies when an entering partner has acquired specified livestock that includes female breeding livestock for which section HG 10 (Disposal of livestock) applies, and the partners use the cost price method or the national standard cost scheme. Existing cost base 2: For the specified livestock, the entering partner is treated as having the same existing cost base that the exiting partner would have had for the purposes of the cost price method or national standard cost scheme for an income year, if they had not disposed of the interests. Addition to cost base 3: For the purposes of determining the value of the specified livestock at the end of an income year for the purposes of section EC 2, the entering partner must add to the existing cost base, described in subsection (2), the amount for the income year (the current year livestock cost base difference × current year count allowed years. Definition of items in formula 4: In the formula,–– a: livestock cost base difference b: current year count i: is the allowed years reduced by the number of years between the current year and the income year in which the entering partner's acquisition of the specified livestock occurred, ignoring years in which the partners do not use the cost price method or national standard cost scheme (for example: current year count 1 4 ii: may equal the allowed years (for example: the current year is the same year as the income year in which the entering partner's acquisition of the specified livestock occurred), but must not be a negative number: c: allowed years i: 4, if the partners acquire or dispose of any partnership interests that include any livestock after the entering partner's acquisition of the specified livestock and before the end of the income year in which that acquisition occurred; or ii: 5, if the partners do not acquire or dispose of any partnership interests that include any livestock after the entering partner's acquisition of the specified livestock and before the end of the income year in which that acquisition occurred. Defined in this Act: amount, cost price, dispose, income year, national standard cost scheme, partner, partner's interest, specified livestock . 2: Subsection (1) applies for the 2009–10 and later income years. 115: Valuation of excepted financial arrangements 1: Section ED 1(5B) Certain emissions units not pooled with other types of emissions unit 5B: No emissions unit described in 1 of the following paragraphs may be pooled for the purposes of subsection (5) with an emissions unit described in another of the paragraphs: a: pre-1990 forest land emissions units relating to pre-1990 forest land, if the holder of the units would derive income, other than exempt income and excluded income, from a disposal of the land without timber: b: post-1989 forest land emissions units: c: replacement forest land emissions units: d: pre-1990 forest land emissions units relating to pre-1990 forest land, if the holder of the units would derive no income other than exempt income and excluded income from a disposal of the land without timber: e: emissions units issued for no consideration— i: to which section ED 1B applies; and ii: that have not been assigned a cost under section ED 1B(3)(a). Exceptions: types of emissions units pooled with other types 5C: Despite subsection (5B), emissions units described in paragraphs (a) to (c) of that subsection may be pooled for the purposes of subsection (5). 2: After section ED 1(7) Valuation of emissions units issued for zero price 7B: Despite subsection (1),— a: an emissions unit transferred under section 64, or Part 4 subpart 2, of the Climate Change Response Act 2002 for no payment of a price has a value of zero during the period beginning with the day of the transfer and ending before the end of the income year in which the transfer occurs: b: a forest land emissions unit has a value of zero at the end of each income year: c: a replacement forest land emissions unit has a value of zero at the end of each income year: d: an emissions unit to which section ED 1B applies has the value at the end of each income year that is given by that section. 3: Section ED 1(8B) 4: In section ED 1 a: replacement ETS unit b: emissions unit excluded income exempt income forest land emissions unit post-1989 forest land emissions unit pre-1990 forest land pre-1990 forest land emissions unit replacement forest land emissions unit 116: New section ED 1B inserted After section ED 1 ED 1B: Valuation of emissions units issued for zero price What this section applies to 1: This section applies to emissions units, held by a person at the end of an income year, that— a: are transferred to the person under section 64, or Part 4, subpart 2 of the Climate Change Response Act 2002 for a price of zero; and b: are held continuously by the person to the end of the income year; and c: relate to a quantity (the unit-related quantity emissions unit period d: are not forest land emissions units; and e: are not replacement forest land emissions units; and f: are not assigned a cost under subsection (3)(a) for an earlier income year. Value at end of income year 2: The value under section ED 1(7B) of the emissions units at the end of the income year is— a: zero, if the emissions unit period begins after the end of the income year; or b: the amount determined under subsection (3), if paragraph (a) does not apply and the emissions unit period ends after the end of the income year; or c: the market value of the emissions units at the end of the income year, if the emissions unit period ends in or at the end of the income year. Value if emissions unit period ends after end of income year 3: The value under section ED 1(7B) of the emissions units at the end of an income year referred to in subsection (2)(b) is,— a: for the number of the emissions units given by subsection (4), the market value of the emissions units at the end of the income year; or b: for the balance of the units, zero. Formula based on emissions 4: The number of units referred to in subsection (3)(a) is the number, treating negative numbers as equal to zero and ignoring fractions, calculated using the formula— held units – ﴾issued units × remaining quantity ﴿. total quantity Definition of items in formula 5: The items in the formula are defined in subsections (6) to (9). Held units 6: Held units Issued units 7: Issued units Remaining quantity 8: Remaining quantity a: if the total unit-related quantity for the person can be determined for each part of the emissions unit period included in an income year, the greater of the following amounts: i: the part of the total expected unit-related quantity for the emissions unit period that was not emitted or incurred before the end of the income year: ii: zero; or b: if paragraph (a) does not apply, the number of days in the emissions unit period after the end of the income year. Total quantity 9: Total quantity a: if the total unit-related quantity for the person can be determined for each part of the emissions unit period included in an income year, the total unit-related quantity that was expected to be emitted or incurred for the emissions unit period; or b: if paragraph (a) does not apply, the number of days in the emissions unit period. Defined in this Act: emissions unit, income year . 117: Pool method: calculating amount of depreciation 1: Section EE 21(5) to (8) Starting adjusted tax value 5: Starting adjusted tax value a: the pool's adjusted tax value at the start of the income year, increased as applicable by the amount referred to in section EE 22(2)(b); or b: zero, if the pool did not exist at the start of the income year. Ending adjusted tax value 6: Ending adjusted tax value a: increased by the amounts referred to in section EE 22(1) and (2)(a): b: decreased by the amount referred to in section EE 22(3). Months 7: Months 2: Subsection (1) applies for the 2008–09 and later income years. 118: Economic rate for plant, equipment, or building, with high residual value In section EE 30(1)(b) of cost 13.5% 119: Annual rate for item acquired in person's 1995–96 or later income year 1: Section EE 31(2)(a) a: the item's economic rate, special rate, or provisional rate, for an item not described in either paragraph (b) or (c): . 2: In section EE 31(2)(b) b: the item's economic rate, special rate, or provisional rate, multiplied by 1.2, for an item that— . 120: Meaning of adjusted tax value 1: Section EE 55(1)(b) b: for a pool, the total adjusted tax value determined under section EE 21. 2: Subsection (1) applies for the 2008–09 and later income years. 121: Employer's superannuation contribution tax 1: In section EF 2 employer's superannuation contributions employer's superannuation cash contributions 2: In section EF 2 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 122: Section EG 3 repealed 1: Section EG 3 2: Subsection (1) applies for the 2010–11 and later income years. 123: Expenditure incurred in acquiring film rights in feature films 1: Section EJ 4(1)(b) b: the deduction is allowed under section DS 2 (Film production expenditure) and the film is one for which a government screen production payment is made. 2: In section EJ 4 government screen production payment 124: Expenditure incurred in acquiring film rights in films other than feature films 1: Section EJ 5(1)(b) b: the deduction is allowed under section DS 2 (Film production expenditure) and the film is one for which a government screen production payment is made. 2: In section EJ 5 government screen production payment 125: Film production expenditure for New Zealand films having no large budget screen production grant 1: In the heading to section EJ 7 large budget screen production grant government screen production payment 2: Section EJ 7(1)(a) a: the film is not one for which a government screen production payment is made; and . 3: In section EJ 7 government screen production payment 126: Film production expenditure for other films having no large budget screen production grant 1: In the heading to section EJ 8 large budget screen production grant government screen production payment 2: Section EJ 8(1)(a) a: the film is not one for which a government screen production payment is made; and . 3: In section EJ 8 government screen production payment 127: Section EJ 12 replaced 1: Section EJ 12 EJ 12: Petroleum development expenditure: default allocation rule When this section applies 1: This section applies to a petroleum miner's petroleum development expenditure that relates to petroleum mining developments in a permit area and that is incurred on or after 1 April 2008, when section EJ 12B does not apply to the expenditure. Default allocation rule 2: For the purposes of section DT 5(2)(a) (Petroleum development expenditure), a deduction for the petroleum development expenditure is allocated in equal amounts over a period of 7 income years. The period of 7 years starts with the income year in which the expenditure is incurred. Relationship with other petroleum mining provisions 3: Sections EJ 13 to EJ 16 override subsection (2). Sections DT 7, DT 8, DT 10, DT 11, DT 16, and IS 5 (which relate to petroleum miners) override this section. Defined in this Act: amount, deduction, income year, permit area, petroleum development expenditure, petroleum miner, petroleum mining development EJ 12B: Petroleum development expenditure: reserve depletion method When this section applies 1: This section applies to a petroleum miner's petroleum development expenditure that relates to petroleum mining developments in a permit area, when the expenditure is incurred–– a: on or after 1 April 2008; and b: an election to apply this section, described in subsection (2), is made for the permit area. Choice: first year of commercial production and later years 2: An election to apply this section may be made by a petroleum miner for a permit area, in a return of income for an income year, only if that income year is the first one in which petroleum is produced in commercial quantities in the permit area. The election is irrevocable, and applies this section to petroleum development expenditure that relates to petroleum mining developments in the relevant permit area for the income year and later income years. Reserve depletion method expense allocation rule 3: For the purposes of section DT 5(2)(b) (Petroleum development expenditure), the deduction allocated to an income year for the petroleum development expenditure that relates to a petroleum mining development in the relevant permit area is the amount calculated using the following formula, if the amount is positive: (reserve expenditure − previous expenditure) × reserve depletion for the year probable reserves. Definition of items in formula 4: The items in the formula are defined in subsections (5) to (8). Reserve expenditure 5: Reserve expenditure Previous expenditure 6: Previous expenditure Reserve depletion for the year 7: Reserve depletion for the year Probable reserves 8: Probable reserves Relationship with other petroleum mining provisions 9: Sections EJ 13 to EJ 16 override subsection (3). Sections DT 7, DT 8, DT 10, DT 11, DT 16, and IS 5 (which relate to petroleum miners) override this section. Defined in this Act: amount, deduction, income year, permit area, petroleum development expenditure, petroleum miner, petroleum mining development . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 128: Relinquishing petroleum mining permit 1: In section EJ 13(2)(b) section EJ 12(1) section EJ 12(2) or EJ 12B(3) 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 129: New sections EJ 13B and EJ 13C inserted 1: After section EJ 13 EJ 13B: Dry well drilled When this section applies 1: This section applies when— a: the petroleum miner has petroleum development expenditure for a well, the drilling of which stops in an income year, and, from the time of stopping, the well— i: will never produce petroleum in commercial quantities; and ii: is abandoned; and b: part of a deduction under section DT 5 (Petroleum development expenditure) for the petroleum development expenditure described in paragraph (a) has not been allocated under section EJ 12 or EJ 12B. Allocation 2: The part of the deduction described in subsection (1) is allocated to the income year. Defined in this Act: amount, deduction, income year, petroleum development expenditure EJ 13C: Well not producing When this section applies 1: This section applies when— a: the petroleum miner has petroleum development expenditure for a well that, in an income year— i: stops producing petroleum in commercial quantities; and ii: is abandoned; and b: the petroleum miner has elected to apply section EJ 12B for the petroleum development expenditure described in paragraph (a) before the start of the income year; and c: part of a deduction under section DT 5 (Petroleum development expenditure) for the petroleum development expenditure described in paragraphs (a) and (b) has not been allocated under section EJ 12B. Allocation 2: The part of the deduction described in subsection (1) is allocated to the income year. Defined in this Act: amount, deduction, income year, petroleum development expenditure . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 130: Disposal of petroleum mining asset 1: Section EJ 15(2)(b) b: it has not been allocated under section EJ 12 or EJ 12B to the income year in which the miner disposes of the asset or to an earlier income year. 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 131: Sections EJ 19 and EJ 20 replaced 1: Sections EJ 19 EJ 20 EJ 20: Meaning of petroleum mining development Meaning 1: In sections EJ 12 and EJ 12B, petroleum mining development Activities: inclusions 2: The activities are those carried out in connection with— a: developing a permit area for producing petroleum: b: producing petroleum: c: processing, storing, or transmitting petroleum before its dispatch to a buyer, consumer, processor, refinery, or user: d: removal or restoration operations. Activities: exclusions 3: The activities do not include further treatment to which all the following apply: a: it occurs after the well stream has been separated and stabilised into crude oil, condensate, or natural gas; and b: it is done— i: by liquefaction or compression; or ii: for the extraction of constituent products; or iii: for the production of derivative products; and c: it is not treatment at the production facilities. Defined in this Act: permit area, petroleum, removal or restoration operations . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 132: What is an excepted financial arrangement? 1: In section EW 5(2) financial arrangement financial arrangement to the extent to which it is not life financial reinsurance 2: Section EW 5(3B) Emissions unit 3B: An emissions unit is an excepted financial arrangement. Non-Kyoto greenhouse gas unit 3C: A non-Kyoto greenhouse gas unit is an excepted financial arrangement. 3: In section EW 5(8) insurance contract insurance contract to the extent to which it is not life financial reinsurance 4: In section EW 5 a: ETS unit b: emissions unit non-Kyoto greenhouse gas unit 5: In section EW 5 life financial reinsurance 6: Subsections (1) and (3) apply— a: on and after 1 July 2010, unless paragraph (b) applies; or b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 133: What spreading methods do After section EW 14(2)(d) e: a financial reporting method, to which sections EW 21 and EW 23 are relevant; or . 134: Applying IFRSs to financial arrangements After section EW 15B(2) Functional currency 3: Even if another currency may be used as the functional currency under IFRSs, the methods must be applied using New Zealand dollars. Financial statements 4: Unless the context otherwise requires, references to IFRSs in sections EW 15D to EW 15I are references to IFRS rules used to prepare the person's financial statements. 135: IFRS financial reporting method 1: In section EW 15D(2)(a) income year income year. However, when the fair value method is used, adjustments for financial arrangements held by the person are excluded from this paragraph, if the financial arrangements are not derivative instruments and the person's business includes dealing in those financial arrangements: 2: After section EW 15D(2)(a) ab: borrowing costs are not capitalised under NZIAS 23: . 3: After section EW 15D(2) Fair value method not used for certain financial arrangements 2B: A person must not use the fair value method for a financial arrangement if— a: the financial arrangement is treated under IFRSs by the person as a hedge of another financial arrangement; and b: the person uses a method other than the IFRS financial reporting method for the other financial arrangement. 4: In section EW 15D derivative instrument NZIAS 23 5: Subsection (2) does not apply for a taxpayer and an income year if the taxpayer has,— a: before 30 June 2009, filed a return of income for the income year; and b: taken a tax position in the return which ignores subsection (2). 136: Determination alternatives 1: Section EW 15E(1)(c) c: the financial arrangement–– i: is not treated under IFRSs by the person as a hedge; or ii: is treated under IFRSs by the person as a hedge of other financial arrangements, for each of which the person does not use the fair value method. 2: In section EW 15E(2) 2: The person must use 1 of the following methods modified, as applicable, under subsection (3) or (3B): . 3: Before section EW 15E(2)(a) aa: Determination G3: Yield to maturity Determination G3 Determination G25: Variation in the terms of a financial arrangement . 4: After section EW 15E(3) Modifications 3B: For a determination alternative that is Determination G27 a: method C must be used, and not methods A, B, or D: b: for method C, if relevant, Determination G9C Determination G9A 5: In section EW 15E derivative instrument New Zealand 6: Subsections (2) and (4) 137: Expected value method 1: Section EW 15F(1)(c) c: the financial arrangement–– i: is not treated under IFRSs by the person as a hedge; or ii: is treated under IFRSs by the person as a hedge of other financial arrangements, for each of which the person does not use the fair value method; and . 2: Section EW 15F(1)(d) d: the person and all companies in a group of companies to which the person belongs have chosen to use the expected value method and have notified the Commissioner at the time of filing a return of income. 3: After section EW 15F(1) Exception for some group members and financial arrangements 1B: A person who is a member of a group of companies and has notified an election under subsection (1)(d) a: the person does not have a business of a substantially similar nature to a business of another company in the group; and b: the financial arrangement is with other parties, of which— i: none are associated with the person or a member of the group; or ii: all are associated with the person and use the method used by the person for the arrangement. 4: Section EW 15F(3) 5: In section EW 15F associated person 6: Subsection (4) applies for the 2009–10 and later income years. 138: Modified fair value method 1: Section EW 15G(1)(c) c: the financial arrangement–– i: is not treated under IFRSs by the person as a hedge; or ii: is treated under IFRSs by the person as a hedge of other financial arrangements, for each of which the person does not use the fair value method; and . 2: Section EW 15G(1)(d) d: the person and all companies in a group of companies to which the person belongs have chosen to use the modified fair value method and have notified the Commissioner at the time of filing a return of income. 3: After section EW 15G(1) Exception for some group members and financial arrangements 1B: A person who is a member of a group of companies and has notified an election under subsection (1)(d) a: the person does not have a business of a substantially similar nature to a business of another company in the group; and b: the financial arrangement is with other parties, of which— i: none are associated with the person or a member of the group; or ii: all are associated with the person and use the method used by the person for the arrangement; and c: subsection (3) 4: Section EW 15G(2), other than the heading, is replaced by the following: 2: The person must use the fair value method, modified so that the following are not required to be allocated to an income year: a: an amount allocated by the person to equity reserves under IFRSs for the financial arrangement: b: an amount not allocated by the person to equity reserves under IFRSs for the financial arrangement, if— i: the person and another person (the other person ii: the person and the other person are members of the same group consolidated under IFRSs; and iii: the financial arrangement is related to an arrangement (the other arrangement iv: the other person does not use the fair value method for the other arrangement; and v: the group consolidated under IFRSs makes an allocation, to equity reserves under IFRSs, corresponding to the amount. 5: After section EW 15G(2) Some financial arrangements with amounts allocated to equity reserves 3: A person who is a member of a wholly-owned group and of a group consolidated under IFRSs (the consolidated group a: the person or the consolidated group allocates an amount to equity reserves under IFRSs for the financial arrangement; and b: a member of the consolidated group, under subsection (2)(b) 6: In section EW 15G wholly-owned group 139: Mandatory use of some determinations 1: In section EW 15H(1)(d) expenditure: expenditure Determination G29 Determination G9C Determination G9A 2: Subsection (1) applies for the 2009–10 and later income years. 140: Mandatory use of yield to maturity method for some arrangements 1: After section EW 15I(1)(b)(ii) iib: is, under NZIAS 17 and in the person's financial statements, classified as an operating lease; or . 2: In section EW 15I NZIAS 17 141: New section EW 21 inserted After section EW 20 EW 21: Financial reporting method A person who is a party to a financial arrangement may use a financial reporting method if–– a: the person cannot use the yield to maturity method or an alternative; and b: the person–– i: may not use the straight-line method or a market valuation method; or ii: may use the straight-line method or a market valuation method but chooses not to do so; and c: the person is not required to use a method under section EW 15B; and d: the Commissioner has not made a determination for the financial arrangement under section 90AC(1)(d) of the Tax Administration Act 1994; and e: the method conforms with commercially acceptable practice; and f: the method is also used by the person for financial reporting purposes for financial arrangements that are the same as, or similar to, the arrangement (although section EW 23 may apply if the method is not used in this way); and g: the method allocates a reasonable amount to each income year over the financial arrangement's term. Defined in this Act: amount, Commissioner, financial arrangement, income year . 142: Default method In section EW 22(c) alternative alternative, or a financial reporting method 143: Failure to use method for financial reporting purposes 1: In section EW 23(1) and EW 20(2)(f) EW 20(2)(f), and EW 21(f) 2: In section EW 23(2) and EW 20(2)(f) EW 20(2)(f), and EW 21(f) 144: Consistency of use of IFRS method 1: In section EW 25B(3) “However, those sections do not apply if the change is— a: from the fair value method; and b: in respect of a financial arrangement that is not subject to a creditor workout. 2: After section EW 25B(3) Modification 4: Section EZ 52B Determination G3 3: In section EW 25B, 145: Change of spreading method 1: Section EW 26(1) Requirements for change from straight-line and market value method 1: A person may change from the straight-line method or the market value method if they change to a method that is not a method for IFRS under section EW 15B, and the Commissioner has given written authorisation for the change. 2: In section EW 26(2) A person may change from any spreading method to any other method if the Commissioner's written authorisation under subsection (1) is not required for the change, and they have a sound commercial reason for the change 3: Section EW 26(6) 6: Section EW 29(13) a: from the fair value method and the financial arrangement is not subject to a creditor workout: b: from the market value method to a method for IFRS under section EW 15B. 4: Section EW 26(7)(a) a: starting or stopping the use of IFRSs to prepare financial statements at the same time as starting or stopping the use of a method for IFRS under section EW 15B: . 5: In section EW 26 146: When calculation of base price adjustment required 1: Section EW 29(13) 13: A party to a financial arrangement must calculate a base price adjustment, at the date of a change for the financial arrangement, where that change involves a change— a: from the fair value method and the financial arrangement is not subject to a creditor workout: b: from the market value method to a method for IFRS under section EW 15B. 2: In section EW 29 147: Base price adjustment formula 1: In section EW 31(7) a: ignoring non-contingent fees, b: , ignoring–– . For the purposes of this subsection, the following are ignored: 2: In section EW 31(9)(a) , under section CC 3, 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 148: Consideration when debtor released as condition of new start grant 1: Section EW 46(1) 1: This section applies when in an income year of a person— a: the person carries on a business of— i: animal husbandry: ii: poultry-keeping: iii: beekeeping: iv: breeding horses other than bloodstock: v: horticulture: vi: cropping; and b: the person is paid a new start grant for the business for an event that is declared to be an emergency event; and c: the person incurs a liability to make a payment under a financial arrangement— i: in carrying on the business; and ii: before the declaration of the emergency event; and d: the liability is forgiven or otherwise remitted— i: as a prerequisite for the payment of the new start grant; and ii: before the date that is 18 months after the end of the period for which the declaration applies; and e: in the absence of this section, the amount of the remitted liability would be income of the person. 2: In section EW 46 a: qualifying event b: emergency event 149: Meaning of controlled foreign company 1: In section EX 1(2)(a) foreign investment vehicle foreign PIE equivalent 2: Section EX 1(2)(b)(ii) ii: an entity that qualifies for PIE status: . 3: Subsections (1) and (2) apply for the 2010–11 and later income years. 150: Direct control interests In section EX 5(5)(c) debentures) debentures), FA 2B (Stapled debt securities), 151: Direct income interests In section EX 9(6)(c) debentures) debentures), FA 2B (Stapled debt securities), 152: Associates and 10% threshold 1: In section EX 15(1) section EX 14 sections CD 45, CQ 2, EX 14, EX 21, EX 34, EX 58, and LL 9. 2: In section EX 15(1) EX 34, EX 58, and LL 9. EX 34, and EX 58. 3: Subsection (2) applies for all income years beginning on or after 1 July 2009. 153: New section EX 18A inserted 1: After the heading before section EX 18 EX 18A: Scheme for finding person's attributed CFC income or loss Formula and rules for calculation 1: The attributed CFC income or loss of a person (an interest holder a: the formula in section EX 18, which uses the interest holder's income interest and the CFC's net attributable CFC income or loss determined as described in subsection (2): b: the interest holder's additional CFC attributed income under section EX 19: c: the reduction in the interest holder's attributed CFC loss under section EX 20. Determination of attributed CFC income or loss from attributable CFC amount 2: An interest holder with an income interest of a fraction (the fraction a: attributed CFC income or loss equal to the fraction of the CFC's net attributable CFC income or loss under sections EX 20C to EX 20E and the rules in sections EX 21 and EX 24 to EX 27, if paragraph (b) does not apply: b: no attributed CFC income or attributed CFC loss, if the CFC is— i: a non-attributing active CFC under section EX 21B, determined as described in subsection (3): ii: a non-attributing Australian CFC under section EX 22. Non-attributing active CFCs 3: Whether a CFC is a non-attributing active CFC is determined under section EX 21B using— a: a test in— i: section EX 21D, if the interest holder does not use a test referred to in subparagraph (ii); or ii: section EX 21E, if the CFC has accounts prepared to a standard meeting the requirements of section EX 21C and the interest holder chooses to use a test in that section based on those accounts; and b: the rules in sections EX 21 and EX 24 to EX 27. Defined in this Act: accounting period, attributable CFC amount, attributed CFC income, attributed CFC loss, CFC, non-attributing active CFC, non-attributing Australian CFC . 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 154: Formula for calculating attributed CFC income or loss 1: In the formula in section EX 18 branch equivalent income net attributable CFC income 2: In section EX 18 a: branch equivalent income b: net attributable CFC income 3: Subsection (1) applies for all income years beginning on or after 1 July 2009. 155: Taxable distribution from non-complying trust 1: In section EX 19(1)(b) branch equivalent income net attributable CFC income 2: In section EX 19(2) branch equivalent income net attributable CFC income 3: Section EX 19(5) 4: In section EX 19 a: branch equivalent income b: net attributable CFC income 5: Subsections (1) to (3) apply for all income years beginning on or after 1 July 2009. 156: New heading and sections EX 20B to EX 20E inserted 1: After section EX 20 Attributable CFC amount and net attributable CFC income or loss EX 20B: Attributable CFC amount Attributable CFC amount 1: Attributable CFC amount gross + arrangement. Definition of items in formula 2: The items in the formula in subsection (1) are defined in subsections (3) and (4). Gross 3: Gross a: a dividend that is paid in relation to rights that are a direct income interest of less than 10% in a foreign company and are described in— i: section EX 31: ii: section EX 32: iii: section EX 36: iv: section EX 37: v: section EX 37B: vi: section EX 39: b: a dividend that is paid by a company resident in New Zealand to the extent to which the dividend is not fully imputed: c: an amount that is a deductible foreign equity distribution or a distribution for fixed-rate foreign equity: d: a royalty of a type referred to in subsection (5): e: rent of a type referred to in subsection (6): f: income from a business of general insurance or life insurance that is a premium under an insurance contract or reinsurance contract: g: income from a life insurance policy of a type referred to in subsection (8): h: income from the supply of personal services of a type referred to in subsection (9): i: income from the disposal of revenue account property that is a share, other than a share referred to in subsection (10): j: income from the disposal of revenue account property that is an option to acquire or dispose of a share: k: income from the disposal of revenue account property that is— i: not a share, financial arrangement, or life insurance policy; and ii: used by the CFC with a purpose or effect of giving rise to income of the CFC referred to in another paragraph of this subsection: l: income from a service, other than a telecommunications service, to the extent to which the service is physically performed in New Zealand: m: income from a service relating to the use of equipment to provide a telecommunications service, to the extent to which the equipment is at the time— i: physically located outside any country or territory; and ii: owned by the CFC or by another CFC that is associated with the CFC; and iii: not a mobile telephone handset or a radio receiver and transmitter for a ship or aircraft: n: income from a telecommunications service to the extent to which the service is physically performed in New Zealand and is not described in subsection (11). Arrangement income 4: Arrangement a: an arrangement that— i: is a financial arrangement, or a short-term agreement for sale and purchase for which the CFC has made an election under section EW 8 (Election to treat certain excepted financial arrangements as financial arrangements); and ii: is not a derivative instrument; and iii: is not referred to in subsection (12): b: a derivative instrument— i: that is held in the course of a business of the CFC for the purpose of dealing with the derivative instrument: ii: that is not entered in the ordinary course of a business of the CFC: iii: to the extent that the income is from a hedging relationship, of a type referred to in NZIAS 39, with income of the CFC referred to in subsection (3) or paragraph (a) or with a transaction producing such income of the CFC. Attributable CFC amount: royalties 5: A royalty derived by a CFC is included in an attributable CFC amount under subsection (3)(d) if none of the following are satisfied: a: the CFC is regularly engaged in creating, developing, or adding value to property that produces royalties and the royalty is— i: paid by a person who is not associated with the CFC under section YB 2 (Two companies with common control); and ii: from property that is not linked to New Zealand under subsection (13); and iii: from property that the CFC has created or developed or to which the CFC has added substantial value: b: the CFC is regularly engaged in creating, developing, or adding value to property that produces royalties and the royalty is— i: paid by a person who is associated with the CFC under section YB 2; and ii: from property that is not linked to New Zealand under subsection (13); and iii: from property that the CFC has created or developed, or to which the CFC has added substantial value; and iv: an arm's length amount determined under section GC 13 (Calculation of arm's length amounts) for the arrangement between the CFC and the associated person: c: the royalty is— i: paid by a person who would be an associated non-attributing active CFC in the absence of this paragraph and subsections (7)(c) and (12)(a); and ii: from property that is not linked to New Zealand under subsection (13): d: the royalty is— i: paid to the CFC by a person who is not associated with the CFC under section YB 2, or by a CFC associated with the CFC under section YB 2 that has received a corresponding royalty payment from such a person; and ii: from property owned by a New Zealand resident who is not treated as a non-resident under a double tax agreement; and iii: from property licensed to the CFC by the New Zealand resident for an arm's length amount determined under section GC 13 for the arrangement between the CFC and the New Zealand resident. Attributable CFC amount: rent 6: Rent derived by a CFC is included in an attributable CFC amount under subsection (3)(e) if the rent is not of a type referred to in subsection (7) and is from— a: a lease or sublease of land: b: a lease or sublease of personal property: c: a licence to use intangible property: d: a hire or bailment. Attributable CFC amount: exclusions from rent 7: Rent derived by a CFC from a source referred to in subsection (6) is not included in an attributable CFC amount under subsection (3)(e) if the rent is— a: from land in a country or territory under the laws of which the CFC is liable to income tax on the CFC's income because of its domicile, residence, place of incorporation, or centre of management: b: from property other than land, to the extent to which the rent relates to the use of the property in a country or territory referred to in paragraph (a): c: paid by a person who would be an associated non-attributing active CFC in the absence of this paragraph and subsections (5)(c) and (12)(a): d: a payment under a hire purchase agreement: e: a payment under a finance lease: f: a royalty: g: a payment under a licence to use intangible property that— i: is not a royalty; and ii: would not be included in an attributable CFC amount under subsection (5) if treated as a royalty for the purposes of that subsection. Attributable CFC amount: income from life insurance contract 8: Income from a life insurance policy is included in an attributable CFC amount under subsection (3)(g) if the income is not included in a calculation of FIF income or loss and is— a: a distribution, if the life insurance policy is not intended to compensate the CFC for financial losses arising from the death or extended incapacity of a specified employee or member involved in the CFC's business: b: a distribution that is not intended to compensate the CFC for financial losses arising from the death or extended incapacity of a specified employee or member involved in the CFC's business, if the life insurance policy is intended to compensate the CFC for such losses: c: income from a disposal of the life insurance policy, if the policy is revenue account property. Attributable CFC amount: income from personal services 9: Income derived by a CFC from the supply of personal services is included in an attributable CFC amount under subsection (3)(h) if the personal services are performed by another person (the working person a: the working person is a New Zealand resident; and b: the personal services are not essential support for a product supplied by the CFC; and c: the working person is associated with the CFC under section YB 5 (Company and non-corporate 25% interest holder) at the time the services are performed or is a relative, at the beginning of the accounting period, of a person associated with the CFC under section YB 5; and d: 80% or more of the CFC's total income in the accounting period from supplying personal services is derived through personal services meeting the requirements of paragraph (a) performed by working persons meeting the requirements of paragraph (b); and e: to derive the income, the CFC uses a business structure that requires depreciable property having, at the end of the accounting period, a total cost under section GB 28(7) (Interpretation of terms used in section GB 27) less than or equal to the greater of $75,000 and 25% of the CFC's total income from personal services performed in the accounting period. Exclusions from attributable CFC amount: shares 10: Income derived by a CFC from the disposal of a share that is revenue account property is not included in an attributable CFC amount under subsection (3)(i) if the CFC's FIF income or loss from the share in the period ending with the disposal is calculated using— a: the comparative value method: b: the deemed rate of return method: c: the fair dividend rate method: d: the cost method. Exclusions from attributable CFC amount: telecommunications services in New Zealand 11: Income of a CFC from a telecommunications service physically performed in New Zealand is not included in an attributable CFC amount under subsection (3)(n) if— a: the service is the transmission, emission, or reception of information between New Zealand and the country or territory in which the CFC is liable to income tax on its income because of its domicile, residence, place of incorporation, or centre of management; and b: the CFC is a network operator under the Telecommunications (Interception Capability) Act 2004 or— i: a person who is such a network operator holds an income interest of 50% or more in the CFC: ii: a person who holds a voting interest of 50% or more in such a network operator holds an income interest of 50% or more in the CFC; and c: the service is not performed using equipment that at the time is physically located in New Zealand and is in the possession of the CFC or of another CFC that is associated with the CFC; and d: the service is not performed by a person who at the time is physically located in New Zealand and is an employee or contractor of the CFC or of another CFC that is associated with the CFC. Exclusions from attributable CFC amount: income from financial arrangements other than derivative instruments 12: Income of a CFC from a financial arrangement or excepted financial arrangement that is referred to in subsection (4)(a)(i) is not included in an attributable CFC amount under subsection (4)(a) if the financial arrangement or agreement is— a: an agreement by the CFC to lend money to a person who would be an associated non-attributing active CFC in the absence of this paragraph and subsections (5)(c) and (7)(c): b: an agreement for the sale or purchase of property or services or a hire purchase agreement— i: entered in the ordinary course of business by the CFC: ii: for property or services produced or used by the CFC in business. Royalties: property linked to New Zealand 13: Property giving rise to a royalty is linked to New Zealand at a time in an accounting period for the purposes of subsection (5) if the property meets the requirements of subsection (14) at a time in the period— a: beginning— i: at the time the property was created, if the property has not since met the requirements of subsection (15); or ii: from the time the property most recently met the requirements of subsection (15); and b: ending at the time in the accounting period. Situations creating link with New Zealand 14: Property owned by a CFC has a link with New Zealand if the property— a: has been owned by a New Zealand resident: b: has been owned by a non-resident for the purposes of a business carried on in New Zealand through a fixed establishment in New Zealand: c: was created or developed in New Zealand: d: has had substantial value added in New Zealand: e: has been acquired by a person who had a deduction for expenditure or loss incurred in the acquisition: f: is based on knowledge acquired by a person who— i: acquired the knowledge with a purpose or intention of creating the property; and ii: had a deduction for expenditure or loss incurred in the acquisition: g: is created or developed from activities, or from the extension, continuation, development, or completion of activities, if the activities produced knowledge acquired by a person who had a deduction for expenditure or loss incurred in the acquisition. Situations breaking link with New Zealand 15: There is no link between property and New Zealand for a CFC when the property is owned by a non-resident who— a: is not a CFC and is not associated with the CFC; and b: is not associated with a person who has owned the property while it had a link with New Zealand. Defined in this Act: accounting period, agreement for the sale or purchase of property or services, associated, associated non-attributing active CFC, attributable CFC amount, business, CFC, comparative value method, deductible foreign equity distribution, deduction, deemed rate of return method, depreciable property, derivative instrument, dividend, exempt income, fair dividend rate method, finance lease, financial arrangement, fixed-rate foreign equity, fully imputed, general insurance, hire purchase agreement, income, insurance contract, interest, land, life insurance, life insurance policy, loan, loss, money lent, New Zealand, New Zealand resident, non-attributing active CFC, non-resident, reinsurance contract, relative, resident in New Zealand, revenue account property, royalty, share, short-term agreement for sale and purchase, telecommunications service EX 20C: Net attributable CFC income or loss CFC's net attributable CFC income or loss 1: For the purpose of calculating the attributed CFC income or loss for an accounting period of a person (the interest holder a: the CFC's net attributable CFC income b: the CFC's net attributable CFC loss i: the absolute value of the amount calculated using the formula in subsection (2), if that amount is less than zero: ii: zero, if subparagraph (i) does not apply. Formula for net attributable CFC income or loss 2: The amount of a CFC's net attributable CFC income or loss for an accounting period is calculated using the rules in section EX 21 and the formula— attributable CFC – (limited funding costs × fraction) – other deductions. Definition of items in formula 3: The items in the formula in subsection (2) are defined in subsections (4) to (6), (8), and (9). Attributable CFC 4: Attributable CFC Limited funding costs 5: Limited funding costs a: if paragraph (b) does not apply, the amount of the item funding costs b: if the item funding funding costs × funding – group funding funding. Definition of items in formula 6: In the formula in subsection (5)(b),— a: funding costs i: for which the CFC would have a deduction relating to a financial arrangement referred to in subsection (7)(a): ii: that are distributions relating to fixed-rate foreign equity or deductible foreign equity distributions of the CFC and paid by the CFC to companies resident in New Zealand or to CFCs: b: funding c: group funding funding i: under which the CFC provides funds to another CFC associated with the CFC under section YB 2 (Two companies with common control); and ii: which produce for the CFC an amount included in the item arrangement income Financial arrangements and shares contributing to funding costs 7: A financial arrangement to which a CFC is a party, or a share issued by the CFC, contributes to the item funding costs a: a financial arrangement that provides funds for the CFC: b: a share that is— i: held by a company that is a New Zealand resident or a CFC; and ii: a fixed-rate foreign equity or a share giving a right to a deductible foreign equity distribution. Fraction 8: Fraction a: if the CFC is not excessively debt funded under section EX 20D, the amount calculated under subsection (10); or b: if the CFC is excessively debt funded under section EX 20D, the lesser of— i: the amount calculated under subsection (10): ii: the amount calculated under section EX 20D. Other deductions 9: Other deductions a: if not consisting of deductions relating to financial arrangements and shares, is— i: incurred for the purpose of deriving an attributable CFC amount; and ii: not incurred for the purpose of deriving an amount that is not an attributable CFC amount; and iii: a deduction of the CFC: b: if consisting of deductions relating to financial arrangements and shares referred to in subsection (7)(a) and (b), exceeds the amount of the item limited funding costs c: if consisting of deductions relating to financial arrangements not referred to in subsection (7)(a), relates to a financial arrangement referred to in section EX 20B(4). Proportion by value of assets producing attributable CFC amount 10: The amount referred to in subsection (8)(a) and (b)(i) is calculated using the formula— attributable CFC's assets – group funding total CFC's assets – group funding. Definition of items in formula 11: In the formula in subsection (10),— a: attributable CFC's assets b: group funding group funding c: total CFC's assets Determining debts and assets of CFC 12: For the items referred to in subsection (11), the debts and assets of the CFC are determined under sections FE 8 to FE 11 (which contain rules for determining the apportionment of interest) as if the CFC were— a: an excess debt outbound company; and b: the only member of the CFC's New Zealand group. Defined in this Act: accounting period, attributable CFC amount, CFC, deductible foreign equity distribution, deduction, financial arrangement, fixed-rate foreign equity, generally accepted accounting practice, income interest, interest, loss, net attributable CFC income, net attributable CFC loss, share EX 20D: Adjustment of fraction for excessively debt funded CFC When this section applies 1: This section applies for the purposes of section EX 20C(8) to a CFC that is excessively debt funded under subsection (2) in relation to a person (the interest holder Excessive debt funding 2: A CFC is excessively debt funded under this section if— a: the amount (the CFC's debt-asset ratio b: the amount (the CFC's relative debt-asset ratio Calculations for CFC 3: For the purposes of subsections (4) to (8), the debts and assets of the CFC are determined under sections FE 8 to FE 11 (which contain rules for determining the apportionment of interest) as if the CFC were— a: an excess debt outbound company; and b: the only member of the CFC's New Zealand group. Formula for debt-asset ratio of CFC 4: The formula for the CFC's debt-asset ratio referred to in subsection (2)(a) is— total CFC's debts – group funding total CFC's assets – group funding. Definition of items in formula 5: The items in the formula in subsection (4) are defined in subsections (6) to (8). Total CFC's debts 6: Total CFC's debts a: financial arrangements entered by the CFC, each of which— i: provides funds to the CFC; and ii: gives rise to an amount for which the CFC would have a deduction: b: fixed-rate foreign equity issued by the CFC and held by a company that is a New Zealand resident or another CFC: c: shares issued by the CFC in relation to which the CFC makes deductible foreign equity distributions to a company that is a New Zealand resident or another CFC. Group funding 7: Group funding a: if paragraph (b) does not apply, zero; or b: if the interest holder chooses to rely on this paragraph and the item total CFC's assets total CFC's debts total CFC's debts i: under which the CFC provides funds to another CFC associated with the CFC under section YB 2 (Two companies with common control); and ii: which produce for the CFC an amount included in the item arrangement income Total CFC's assets 8: Total CFC's assets Fraction for excessively debt funded CFC 9: For a CFC that is excessively debt funded, the item fraction a: an excess debt outbound company; and b: the only member of the CFC's New Zealand group. Formula for fraction 10: The formula for the CFC's fraction is— attributable CFC assets total CFC assets. Definition of items in formula 11: The items in the formula in subsection (10) are defined in subsections (12) and (13). Attributable CFC assets 12: Attributable CFC assets a: used for the purpose of deriving an attributable CFC amount; and b: not used for the purpose of deriving an amount that is not an attributable CFC amount. Total CFC assets 13: Total CFC assets Defined in this Act: accounting period, CFC, deductible foreign equity distribution, deduction, excess debt outbound company, financial arrangement, fixed-rate foreign equity, New Zealand resident EX 20E: Relative debt-asset ratio for CFC What this section does 1: This section determines the relative debt-asset ratio of a CFC for the purposes of section EX 20D(2)(b) by determining an amount (the group debt-asset ratio Members of CFC's group and calculations for group 2: For the purposes of subsections (3) to (8),— a: the members of a CFC's group are— i: the CFC: ii: if the interest holder is a company, the members of the worldwide group that the interest holder would have under sections FE 31B, FE 31C, and FE 32 (which relate to the determination of groups) if the interest holder were an excess debt outbound company: iii: if the interest holder is a trustee, the members of the trustee's worldwide group under section FE 3(1)(b) (Interest apportionment for individuals): iv: if the interest holder is a natural person, the person's worldwide group referred to in section FE 5(1C)(a) to (c) b: the debts and assets of the CFC's group are determined under sections FE 8 to FE 11 and FE 18 (Measurement of debts and assets of worldwide group) as if the interest holder, if a company, were an excess debt outbound company. Formula for CFC's group debt-asset ratio 3: The formula for the CFC's group debt-asset ratio is— total group debts total group assets. Definition of items in formula 4: The items in the formula in subsection (3) are defined in subsections (5) and (6). Total group debts 5: Total group debts a: financial arrangements entered by the group's members, each of which— i: provides funds to a group member; and ii: gives rise to an amount for which a group member would have a deduction: b: fixed-rate foreign equity issued by a member of the group and held by a company that is a New Zealand resident or a CFC: c: equity interests issued by a member of the group in relation to which the member makes deductible foreign equity distributions to a company that is a New Zealand resident or a CFC. Total group assets 6: Total group assets Formula for CFC's relative debt-asset ratio 7: The formula for the CFC's relative debt-asset ratio is— CFC's debt-asset ratio group debt-asset ratio. Definition of items in formula 8: In the formula in subsection (7),— a: CFC's debt-asset ratio b: group debt-asset ratio Defined in this Act: accounting period, CFC, deductible foreign equity distribution, deduction, excess debt outbound company, financial arrangement, fixed-rate foreign equity, New Zealand resident . 2: Subsection (1) applies for all income years beginning on or after 1 July 2009. 157: Attributable CFC amount 1: Section EX 20B(5)(a)(i) is replaced by the following: i: paid by a person who is not associated with the CFC under section YB 2 (Two companies); and . 2: Section EX 20B(9)(c) is replaced by the following: c: the working person is associated with the CFC under section YB 3 (Company and person other than company) at the time the services are performed or is a relative, at the beginning of the accounting period, of a person associated with the CFC under section YB 3; and . 3: Subsections (2) and (3) apply for the 2010–11 and later income years. 158: Net attributable CFC income or loss 1: In section EX 20C(6)(c)(i) with common control 2: Subsection (1) 159: Adjustment of fraction for excessively debt funded CFC 1: In section EX 20D(7)(b)(i) with common control 2: Subsection (1) 160: Heading repealed The heading before section EX 21 161: Branch equivalent income or loss: calculation rules 1: In the heading to section EX 21 Branch equivalent income or loss Attributable CFC amount and net attributable CFC income or loss 2: Section EX 21(1) Calculation rules for CFC 1: The rules in this section apply for the purposes of— a: calculating the attributable CFC amount for a CFC under section EX 20B: b: calculating the net attributable CFC income or loss for a CFC under section EX 20C: c: determining under section EX 21D whether a CFC is a non-attributing active CFC. Calculation rules for test group of CFCs 1B: For the purpose of determining under section EX 21D whether a member of a group of CFCs is a non-attributing active CFC,— a: the consolidated annual gross income of the group is calculated under the rules in this section; and b: the consolidated attributable CFC amount of the group is calculated under the rules in this section. 3: Section EX 21(2) 2: The rules in this Act are applied as if the CFC were always a New Zealand resident. 4: In section EX 21(5) branch equivalent income or loss for attributable CFC amount and net attributable CFC income or loss attributable to 5: In section EX 21(7) branch equivalent income or loss attributable to attributable CFC amount and net attributable CFC income or loss arising from 6: After section EX 21(13)(d) db: section CW 9 (Dividend derived from foreign company): dc: section CW 10 (Dividend within New Zealand wholly-owned group: . 7: In section EX 21(15) Also, when sections GC 6 to GC 14 are applied, the associated persons include persons associated under the parts of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions. 8: In section EX 21(15) 9: Section EX 21(16) and (17) Dividends 16: Dividends that are not part of the CFC's attributable CFC amount are exempt income of the CFC. 10: Section EX 21(24)(b) b: it is a deduction if— i: paid by the CFC to a person who is resident in the same country as the CFC and not a non-attributing active CFC; and ii: deductible under the taxation law of that country. 11: In section EX 21(26) a: branch equivalent income or loss net attributable CFC income or loss b: net income or loss net attributable CFC income or loss 12: In section EX 21(32)(b) branch equivalent income or loss net attributable CFC income or loss 13: In section EX 21(33)(b) branch equivalent income net attributable CFC income 14: Section EX 21(35) 15: In section EX 21 1973 version provisions 1988 version provisions 1990 version provisions 16: In section EX 21 a: branch equivalent income b: annual gross income attributable CFC amount net attributable CFC income net attributable CFC loss non-attributing active CFC 17: Subsections (1) to (6) and (9) to (14) 18: Subsection (8) applies for the 2010–11 and later income years. 162: New heading and sections EX 21B to EX 21E inserted 1: After section EX 21 Non-attributing active CFCs EX 21B: Non-attributing active CFCs Non-attributing active CFC 1: Non-attributing active CFC interest holder CFC meeting test in section EX 21D or EX 21E 2: A CFC is a non-attributing active CFC— a: under section EX 21D, if the CFC meets the requirements of that section and paragraph (b) does not apply: b: under section EX 21E, if— i: the CFC meets the requirements of section EX 21C for the use of an applicable accounting standard in the application of section EX 21E; and ii: the person chooses to use the applicable accounting standard in applying section EX 21E; and iii: the CFC meets the requirements of section EX 21E. Insurer meeting requirements of determination 3: A CFC that is an insurer meeting the requirements of a determination made by the Commissioner under section 91AAQ of the Tax Administration Act 1994 is a non-attributing active CFC. Defined in this Act: accounting period, CFC, non-attributing active CFC Tests for non-attributing active CFCs EX 21C: Applicable accounting standards for section EX 21E Applicable accounting standards 1: In applying section EX 21E to determine whether a CFC is a non-attributing active CFC for a person (the interest holder applicable accounting standard Generally accepted accounting practice with IFRS for CFC 2: The interest holder may use generally accepted accounting practice in New Zealand including IFRSs and the framework for differential reporting for entities applying the New Zealand equivalents to the international financial standards reporting regime (the generally accepted accounting practice with IFRS a: include the accounts of the CFC; and b: comply with generally accepted accounting practice with IFRS; and c: meet the audit requirements of subsection (8). Generally accepted accounting practice with IFRS for test group 3: The interest holder may use generally accepted accounting practice with IFRS for the CFC's test group under section EX 21E(2), if the interest holder or another person has accounts that— a: include the accounts of the members of the test group; and b: comply with generally accepted accounting practice with IFRS; and c: meet the audit requirements of subsection (8). IFRSEs for CFC 4: The interest holder may use IFRSEs for the CFC, if the interest holder or another person has accounts that— a: include the accounts of the CFC; and b: comply with the relevant IFRSEs; and c: meet the audit requirements of subsection (8). IFRSEs for test group 5: The interest holder may use IFRSEs for the CFC's test group under section EX 21E(2), if the interest holder or another person has accounts that— a: include the accounts of the members of the test group; and b: comply with the relevant IFRSEs; and c: meet the audit requirements of subsection (8). Generally accepted accounting practice without IFRS for CFC 6: The interest holder may use generally accepted accounting practice in New Zealand for persons not required to use IFRS but required to comply with standards, other than IFRSs, approved by the Accounting Standards Review Board under the Financial Reporting Act 1993 (the generally accepted accounting practice without IFRS a: has no revenue under Financial Reporting Standard 34 and Financial Reporting Standard 35; and b: is an issuer under section 4 of the Financial Reporting Act 1993 in neither of the current and preceding accounting periods; and c: is not required by section 19 of the Financial Reporting Act 1993 to file its accounts with the Registrar of Companies; and d: is not a large company under section 19A(1)(b) of the Financial Reporting Act 1993; and e: does not have accounts that are prepared and audited under generally accepted accounting practice with IFRS; and f: is not a subsidiary of a company having accounts that— i: include the accounts of the subsidiary; and ii: are prepared and audited, or required to be prepared, under generally accepted accounting practice with IFRS; and g: has accounts that— i: include the accounts of the CFC; and ii: comply with generally accepted accounting practice without IFRS; and iii: meet the audit requirements of subsection (8). Generally accepted accounting practice without IFRS for CFC's test group 7: The interest holder may use generally accepted accounting practice without IFRS for the CFC's test group under section EX 21D(1), if the interest holder or another person is a company resident in New Zealand that— a: has no revenue under Financial Reporting Standard 34 and Financial Reporting Standard 35; and b: is an issuer under section 4 of the Financial Reporting Act 1993 in neither of the current and preceding accounting periods; and c: is not required by section 19 of the Financial Reporting Act 1993 to file its accounts with the Registrar of Companies; and d: is not a large company under section 19A(1)(b) of the Financial Reporting Act 1993; and e: does not have accounts that are prepared and audited under generally accepted accounting practice with IFRS; and f: is not a subsidiary of a company having accounts that— i: include the accounts of the subsidiary; and ii: are prepared and audited, or required to be prepared, under generally accepted accounting practice with IFRS; and g: has accounts that— i: include the accounts of the members of the CFC's test group; and ii: comply with generally accepted accounting practice without IFRS; and iii: meet the audit requirements of subsection (8). Audit requirements 8: Accounts meet the audit requirements of this subsection if they— a: are audited by an accountant who is— i: a chartered accountant or an accountant of equivalent professional standard in the country in which the accounts are prepared; and ii: independent of the CFC and the person; and b: are given an unqualified opinion or an opinion of equivalent standard in the country in which the accounts are prepared. Compliance with accounting standards 9: For the purposes of subsections (2) to (7), accounts are treated as complying with the accounting standard relevant to the subsection if— a: the accounts state that they comply with the accounting standard; and b: the accounts meet the audit requirements of subsection (8); and c: the Commissioner does not have reasonable grounds to suspect— i: fraudulent activity by the interest holder, the CFC, a CFC in the CFC's test group, or the auditor: ii: preparation of the accounts with an intent to mislead: iii: incompetence of the auditor. Defined in this Act: accounting period, annual gross income, associated, attributable CFC amount, CFC, generally accepted accounting practice, IFRS, IFRSE, insurer, New Zealand resident, non-attributing active CFC, rent, royalty EX 21D: Non-attributing active CFC: default test CFC as part of test group 1: A person (the interest holder test group a: each subject to the laws of the same country or territory under which the company is liable to income tax on its income because of its domicile, residence, place of incorporation, or centre of management; and b: in each of which the interest holder holds an income interest of more than 50%; and c: each of which is required to use the same currency under section EX 21(4); and d: that are consolidated for the purposes of this section— i: using like tax treatments for like transactions and for other events in similar circumstances; and ii: eliminating in full all balances, transactions, income, and expenses arising between members of the test group. Threshold ratio 2: A CFC is a non-attributing active CFC under section EX 21B(2)(a) for an accounting period and a person if the amount calculated under subsection (3) using the formula in subsection (4)— a: is less than 0.05; and b: is not zero under subsection (3)(f). Application of formula 3: In using the formula in subsection (4)— a: each item in the formula is determined— i: for the CFC's consolidated test group, if the interest holder chooses to apply the formula to the test group; or ii: for the CFC, if subparagraph (i) does not apply; and b: each item in the formula is determined for a test group after amounts included in the item are adjusted to remove amounts corresponding to income interests not held by the interest holder; and c: a reference to a company that is associated is treated as being a reference to a company that is— i: associated with a member of the CFC's test group, although not a member of the CFC's test group, if the interest holder chooses to apply the formula to the test group; or ii: associated with the CFC, if subparagraph (i) does not apply; and d: a reference to a company that is in the same group of companies is treated as being a reference to a company that is— i: in the same group of companies as a member of the CFC's test group, although not a member of the CFC's test group, if the interest holder chooses to apply the formula to the test group; or ii: in the same group of companies as the CFC, if subparagraph (i) does not apply; and e: a numerator or denominator that is a negative number is treated as being zero; and f: the amount calculated using the formula is zero if the denominator is zero. Formula 4: The amount that determines whether the CFC is a non-attributing active CFC is calculated using the formula— attributable − attributable adjustments gross – gross adjustments. Definition of items in formula 5: The items in the formula are defined in subsections (6) to (9). Attributable 6: Attributable Attributable adjustments 7: Attributable adjustments a: if the interest holder chooses that this paragraph apply, income derived from the supply of personal services— i: included in an attributable CFC amount under section EX 20B(3)(h); and ii: not included in an attributable CFC amount under another paragraph of section EX 20B(3) and (4): b: if the interest holder chooses that this paragraph apply, the cost of revenue account property producing an amount (the included amount i: the cost is treated as a deduction of the CFC in the accounting period; and ii: the deduction exceeds the amount of any income under subpart CH (Adjustments) relating to the deduction. Gross 8: Gross Gross adjustments 9: Gross adjustments a: the amount of the item attributable adjustments b: expenditure or loss that is included in the calculation of the attributable CFC amount under section EX 20B: c: income derived from a company that would meet the requirements of subsection (1)(a) to (c) for a member of a test group with the CFC: d: income from a supply that meets the requirements of section GB 15B (Supplies affecting default test for non-attributing active CFC). Defined in this Act: accounting period, annual gross income, associated non-attributing active CFC, attributable CFC amount, CFC, company, group of companies, income, interest, non-attributing active CFC, resident in New Zealand, royalty EX 21E: Non-attributing active CFC: test based on accounting standard Applicable accounting standard 1: A person (the interest holder applicable accounting standard CFC as part of test group 2: The interest holder may choose to apply this section for the CFC as a member of a group (a test group a: the group consists of companies required under the applicable accounting standard to consolidate, whether or not with companies that are not in the group; and b: each company is subject to the laws of the same country or territory under which the company is liable to income tax on its income because of its domicile, residence, place of incorporation, or centre of management; and c: the interest holder holds an income interest of more than 50% in each company; and d: each company has the same functional currency; and e: there are audited and consolidated financial statements that— i: include the accounts of the companies in the group, whether or not with accounts of companies that are not in the group; and ii: comply with the applicable accounting standard. Threshold ratio 3: A CFC is a non-attributing active CFC under section EX 21B(2)(b) for an accounting period and an interest holder if, under subsection (4),— a: the amount calculated using the formula in subsection (5) is less than 0.05; and b: the amount calculated using the numerator in the formula in subsection (5) is equal to or more than zero; and c: the amount calculated using the denominator in the formula in subsection (5) is more than zero. Application of formula 4: In using the formula in subsection (5),— a: each item in the formula is— i: determined under the applicable accounting standard; and ii: adjusted so that no amount is included in the item more than once; and b: each item in the formula is determined— i: from amounts consolidated for the CFC's test group under the applicable accounting standard, if the interest holder chooses to apply the formula to the test group; or ii: from amounts for the CFC, if subparagraph (i) does not apply; and c: each item in the formula is determined after adjustment of amounts included in the item by removing amounts corresponding to minority interests not held by the interest holder; and d: a reference to a company that is associated is treated as being a reference to a company that is— i: associated with a member of the CFC's test group, although not a member of the CFC's test group, if the interest holder chooses to apply the formula to the test group; or ii: associated with the CFC, if subparagraph (i) does not apply; and e: a reference to a company that is in the same group of companies is treated as being a reference to a company that is— i: in the same group of companies as a member of the CFC's test group, although not a member of the CFC's test group, if the person chooses to apply the formula to the test group; or ii: in the same group of companies as the CFC, if subparagraph (i) does not apply; and f: amounts determined for a CFC other than as part of a test group are— i: determined in the functional currency of the CFC; and ii: converted between currencies under the applicable accounting standard, but ignoring exchange differences arising on a monetary item that forms part of a net investment of the CFC in a foreign operation; and g: amounts determined for a test group are— i: converted from the functional currency of the CFC to the presentation currency of the consolidated accounts for the test group using the average conversion rate for the accounting period; and ii: otherwise converted between currencies under the applicable accounting standard. Formula 5: The amount that determines whether the CFC is a non-attributing active CFC is calculated using the formula— reported passive + added passive – removed passive reported revenue + added revenue – removed revenue. Definition of items in formula 6: The items in the formula are defined in subsections (7) to (12). Reported passive 7: Reported passive a: income from a dividend: b: income from interest: c: income from a royalty: d: income from rent: e: income, other than rent or interest, from a finance lease or operating lease: f: income or loss from a financial asset, other than a derivative as defined in NZIAS 39 or a share that is not revenue account property, in the form of— i: a change in the reported fair value of the asset: ii: a gain or loss on the derecognition, as defined in NZIAS 39, of the asset: iii: a foreign exchange gain or loss on the asset: g: income or loss from a derivative instrument, as defined in NZIAS 39, and included in the CFC's statement of income— i: if the instrument is held in the course of a business of the CFC for the purpose of dealing with the derivative instrument: ii: if the instrument is not entered in the ordinary course of a business of the CFC: iii: to the extent that the income or loss is from a hedging relationship, of a type referred to in NZIAS 39, with an amount that would change the numerator of the formula in subsection (5) or with a transaction producing such an amount of income or gain: h: income or gains from a business of insurance, including income or gains from property used to back insurance assets. Added passive 8: Added passive reported passive a: income from a life insurance policy that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(g): b: income from the disposal of revenue account property that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(k), if the property is— i: not a share, financial arrangement, or life insurance policy; and ii: used by the CFC in a way giving rise to income or gains that increase the numerator of the formula in subsection (5): c: income from a supply of services performed in New Zealand that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(l): d: income from a supply of telecommunications services that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(m) or (n). Removed passive 9: Removed passive reported passive added passive a: a dividend that is not included in the attributable CFC amount for the accounting period under section EX 20B(3)(a) to (c): b: a royalty that would be included in the attributable CFC amount for the accounting period but for section EX 20B(5)(a) to (d): c: rent that would be included in the attributable CFC amount for the accounting period but for section EX 20B(7)(a) to (c): d: the cost of revenue account property producing an amount (the included amount i: the cost would be a deduction of the CFC in the accounting period if the CFC were a resident of New Zealand; and ii: the deduction would exceed the amount of any income arising under subpart CH (Adjustments) relating to the deduction. Reported revenue 10: Reported revenue a: included under the applicable accounting standard in— i: operating revenue, if the applicable accounting standard is generally accepted accounting practice without IFRS; or ii: revenue, if subparagraph (i) does not apply: b: income, other than rent, from a finance lease or operating lease: c: a gain or loss on a financial asset, other than a derivative as defined in NZIAS 39 or a share not on revenue account, in the form of— i: a change in the reported fair value of the asset: ii: a gain or loss on the derecognition, as defined in NZIAS 39, of the asset: iii: a foreign exchange gain or loss on the asset: d: a gain or loss from a derivative instrument, as defined in NZIAS 39, and included in the CFC's statement of income— i: if the derivative instrument is held in the course of a business of the CFC for the purpose of dealing with the derivative instrument: ii: if the derivative instrument is not entered in the ordinary course of a business of the CFC: iii: to the extent that the gain or loss is from a hedging relationship, of a type referred to in NZIAS 39, with an amount that would change the denominator of the formula in subsection (5) or with a transaction producing such an amount of income or gain: e: income or a gain from a business of insurance, including from property used to back insurance assets, if the applicable accounting standard is not generally accepted accounting practice without IFRS. Added revenue 11: Added revenue reported revenue a: income from a life insurance policy that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(g): b: income from the disposal of revenue account property that is included in the attributable CFC amount for the accounting period under section EX 20B(3)(k), if the property is— i: not a share, financial arrangement, or life insurance policy; and ii: used by the CFC in a way giving rise to income or gains that increase the numerator of the formula in subsection (5). Removed revenue 12: Removed revenue a: an amount included in the item removed passive under subsection (9)(d): b: a dividend to the extent to which it is included in the item removed passive, under subsection (9)(a): c: income from a supply of personal services that is included in the item reported revenue, and in the attributable CFC amount for the accounting period under section EX 20B(3)(h): d: income or loss from a share that is not revenue account property under this Act in the form of— i: a change in the reported fair value of the share: ii: income or loss on the derecognition, as defined in NZIAS 39, of the share: iii: a foreign exchange gain or loss on the share: e: income derived from another CFC that— i: is subject to the laws of the country or territory under which the CFC is liable to income tax on the CFC's income because of the CFC's domicile, residence, place of incorporation, or centre of management; and ii: is liable to tax on its income in that country or territory because of its domicile, residence, place of incorporation, or centre of management; and iii: could be consolidated with the CFC for the purposes of this section if appropriate audited accounts were prepared: f: if the applicable standard is generally accepted accounting practice without IFRS, income from a liability, other than income derived in the normal course of business from a sale or supply of services, in the form of— i: a reduction in the liability: ii: a gain on the disposal or other derecognition of the liability: iii: a foreign exchange gain on the liability: g: if the applicable standard is generally accepted accounting practice without IFRS, income from an asset that is not a financial asset under NZIAS 32 and not revenue account property as defined in section YA 1 (Definitions) in the form of— i: an increase in the fair value of the asset: ii: a gain on the disposal of the asset: iii: a foreign exchange gain on the asset. Compliance with accounting standards 13: If accounts meet the requirements of section EX 21C for the relevant accounting standard— a: the accounts are treated as complying with the relevant accounting standard for the purposes of subsection (2): b: amounts drawn from the accounts, or from information that is used to prepare the accounts and is consistent with them, are treated as complying with the relevant accounting standard for the purposes of subsection (4) if the Commissioner does not have reasonable grounds to suspect— i: fraudulent activity by the interest holder, the CFC, a CFC in the CFC's test group, or the auditor: ii: preparation of the accounts with an intent to mislead: iii: incompetence of the auditor. Defined in this Act: accounting period, associated non-attributing active CFC, attributable CFC amount, CFC, company, dividend, financial arrangement, finance lease, group of companies, IFRS, income, life insurance policy, non-attributing active CFC, operating lease, premium, revenue account property, royalty . 2: Subsection (1) 163: Heading and section EX 22 replaced 1: The heading before section EX 22 Non-attributing Australian CFCs EX 22: Non-attributing Australian CFCs Criteria 1: A CFC is a non-attributing Australian CFC a: at all times in the accounting period the CFC is— i: resident in Australia; and ii: under Australian law, subject to income tax on its income or treated as part of the head company of a consolidated group subject to income tax on its income; and iii: treated as being resident in Australia under all agreements between the government of Australia and the governments of other countries or territories that would be a double tax agreement if between the government of New Zealand and the government of the other country or territory; and b: the CFC's liability for income tax has not been reduced by— i: an exemption from income tax for income derived from business activities carried on outside Australia: ii: a special allowance, relief, or exemption with respect to offshore banking units. No attributed CFC income or loss 2: Sections CQ 2(1)(i) (When attributed CFC income arises) and DN 2(1)(i) (When attributed CFC loss arises) provide that no attributed CFC income or attributed CFC loss arises from a non-attributing Australian CFC. CFCs with interest in FIF: look-through approach 3: This section does not prevent FIF income or FIF loss arising under section EX 58 from an interest of a non-attributing Australian CFC in a FIF. Defined in this Act: accounting period, attributed CFC income, attributed CFC loss, CFC, double tax agreement, FIF, FIF income, FIF loss, income tax, non-attributing Australian CFC, resident in Australia . 2: Subsection (1) 164: Section EX 23 repealed 1: Section EX 23 2: Subsection (1) 165: Change of CFC's balance date 1: Section EX 25(3)(d) d: whether the change would postpone liability to income tax on attributed CFC income or on attributed repatriation. 2: In section EX 25 FDP 3: Subsection (1) 166: Attributing interests in FIFs In section EX 29(1)(b) EX 32 to EX 37 EX 31 to EX 43 167: Direct income interests in FIFs In section EX 30(6)(c) debentures) debentures) or FA 2B (Stapled debt securities) 168: Exemption for ASX-listed Australian companies 1: In section EX 31(2)(c)(i), if subparagraph (ii) does not apply if subparagraphs (ii) and (iii) do not apply 2: In section EX 31(2)(c)(ii) earlier in the year; and earlier in the year; or iii: at the beginning of the final month of the preceding income year if, in the first month of an income year, the shares are cancelled or transferred under a scheme of arrangement entered into under Part 5.1 of the Corporations Act 2001 (Aust); and . 3: In section EX 31 cancellation 169: Exemption for Australian unit trusts with adequate turnover or distributions 1: In section EX 32(9)(d) contributions by investors by the unit trust contributions by investors to the unit trust 2: Subsection (1) applies for the 2008–09 and later income years. 170: CFC rules exemption In section EX 34(b) the person has the person has, under sections EX 14 to EX 17, 171: Grey list company owning New Zealand venture capital company: 10-year exemption 1: In section EX 37(e) e: at all times in the year, the grey list company holds more than 50% of the voting interests in a company resident in New Zealand (the resident company . 2: Section EX 37(f) f: the year begins less than 10 years after the grey list company first held more than 50% of the voting interests in the resident company; and . 3: In section EX 37 voting interest 172: Exemption for employee share purchase scheme of grey list company Section EX 38(g) g: the share purchase agreement includes a restriction on the disposal of the shares; and . 173: Limits on choice of calculation methods 1: In section EX 46(6)(b)(iii) charities): charities); and iv: is not a superannuation scheme: . 2: Section EX 46(6)(d) d: the share is a non-ordinary share described in subsection (10). 3: Section EX 46(7)(b) b: the FIF is a foreign investment vehicle and the person is— i: a portfolio investment entity or an entity eligible to be a portfolio investment entity: ii: a life insurance company. 4: Section EX 46(7)(b) b: the FIF is a foreign PIE equivalent and the person is— i: a portfolio investment entity or an entity that qualifies for PIE status: ii: a life insurance company. 5: Section EX 46(8)(a) a: the share is a non-ordinary share described in subsection (10): . 6: The heading to section EX 46(10) Certain non-ordinary shares 7: In section EX 46(10) 10: For the purposes of subsections (6)(d) and (8)(a), a non-ordinary share in a foreign company is— . 8: Section EX 46(10)(a) a: a fixed-rate foreign equity: . 9: After section EX 46(10)(c) cb: an interest in a non-resident if–– i: the non-resident holds directly or indirectly assets of which 80% or more by value at a time in the income year consist of fixed-rate shares or financial arrangements providing funds to a person ignoring financial arrangements between the non-resident and other members of a group of companies that it is a member of; and ii: the non-resident is not listed on a recognised exchange or is listed on a recognised exchange but is a foreign investment vehicle, ignoring section HL 10(4) (Further eligibility requirements relating to investments) for the purposes of this subparagraph; and iii: the interest is, under NZIAS 39, a hedged item having a value in New Zealand dollars governed by a hedging instrument that is highly effective: . 10: In section EX 46(10)(cb)(ii) foreign investment vehicle foreign PIE equivalent 11: In section EX 46 a: foreign PIE b: foreign investment vehicle 12: In section EX 46 a: foreign investment vehicle b: foreign PIE equivalent PIE 13: In section EX 46 fixed-rate foreign equity 14: Subsections (4) and (10) 15: Subsection (8) 174: Section EX 47 replaced Section EX 47 EX 47: Method required for certain non-ordinary shares A person must calculate FIF income or loss for an income year from an attributing interest that is a non-ordinary share described in section EX 46(10) using— a: the comparative value method; or b: the deemed rate of return method, if use of the comparative value method is not practical because the person cannot determine the market value of the attributing interest at the end of the income year. Defined in this Act: attributing interest, comparative value method, deemed rate of return method, fair dividend rate method, FIF income, FIF loss, income year, market value, share . 175: Branch equivalent method 1: In section EX 50(3) section EX 21 of the CFC rules section EX 21 of the CFC rules as that provision reads ignoring section 161(1) to (6), (9) to (14), (16), and (17) 2009 2: Subsection (1) 176: Comparative value method 1: Section EX 51(5) 5: Opening value 2: Section EX 51(7) and (8) Losses from some attributing interests not subject to rule 7: Subsection (8) applies to a person who calculates under subsection (1) an amount of FIF loss for an attributing interest in a FIF (the affected interest a: a direct income interest in a foreign company equal to or more than 10% at all times in the relevant income year: b: a non-ordinary share described in section EX 46(10). No total FIF loss from other attributing interests 8: If, in the absence of this subsection, the person would have under subsection (1) a total FIF loss for the income year from all the person's affected interests, the FIF loss for the income year for the person from each affected interest is reduced to the extent necessary for the total FIF loss from the affected interests to be zero. 3: Subsection (2) applies for the 2009–10 and later income years. 177: Fair dividend rate method: usual method 1: In section EX 52(1)(a) 2: Section EX 52(2) 2: The person's total FIF income for the income year from the attributing interests in FIFs (the FDR interests 3: In section EX 52(5) 5: Opening value . 4: After section EX 52(5) Exclusion for certain managed funds 5B: Subsection (5)(b) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 5: Section EX 52(5B)(b) b: the FIF is a foreign PIE equivalent. 6: Section EX 52(6) 6: The quick sale adjustment is required, and is not zero, only if the person, in the income year,— a: acquires or increases an FDR interest to which this section applies; and b: later disposes of or reduces the FDR interest. 7: Section EX 52(7)(a) and (b) a: the total of the amounts (the peak holding method amount b: the total of the amounts (the quick sale gain amount 8: In section EX 52(13) a: in paragraph (a), during the income year b: in paragraph (c), during the year 9: After section EX 52(14B) Treatment of attributing interests subject to returning share transfer 14C: If an attributing interest in a FIF is an original share subject to a returning share transfer, for the purposes of a person using the fair dividend rate method to calculate FIF income, the attributing interest is treated as held by the share supplier. 10: In section EX 52 foreign investment vehicle life insurance original share portfolio investment entity returning share transfer share share supplier 11: In section EX 52 a: foreign investment vehicle b: foreign PIE equivalent 12: Subsection (5) applies for the 2010–11 and later income years. 178: Fair dividend rate method for unit-valuing funds and others by choice 1: In section EX 53(1)(a) 2: In section EX 53(1B)(a) or loss 3: Section EX 53(2) 2: The total FIF income for the income year of the fund or person (the interest holder FDR interests 4: In section EX 53(5) 5: Opening value . 5: After section EX 53(5) Exclusion for certain managed funds 5B: Subsection (5)(b) does not apply if— a: the interest holder is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 6: In section EX 53(5B)(b) foreign investment vehicle foreign PIE equivalent 7: Section EX 53(8) 8: The quick sale adjustment is required, and is not zero, only if the interest holder has a unit valuation period of more than 1 day and, in the unit valuation period,— a: acquires or increases an FDR interest to which this section applies; and b: later disposes of or reduces the FDR interest. 8: Section EX 53(9)(a) and (b) a: the total of the amounts (the peak holding method amount b: the total of the amounts (the quick sale gain amount 9: In section EX 53(15) a: in paragraph (a), during the unit valuation period b: in paragraph (c), during the period 10: After section EX 53(16B) Treatment of attributing interests subject to returning share transfer 16C: If an attributing interest in a FIF is an original share subject to a returning share transfer, for the purposes of a person using the fair dividend rate method to calculate FIF income, the attributing interest is treated as held by the share supplier. 11: In section EX 53 foreign investment vehicle life insurance original share portfolio investment entity returning share transfer share share supplier 12: In section EX 53 a: foreign investment vehicle b: foreign PIE equivalent 13: Subsection (6) applies for the 2010–11 and later income years. 179: Cost method 1: In section EX 56(3)(ac)(ii) income year; or income year; and iii: the interest was not an attributing interest for the income year before the relevant income year; or”. 2: In section EX 56(4) 1.05 × preceding opening. 3: In section EX 56(5) 1.05 × preceding opening + (increase × average cost). 4: In section EX 56(6) opening shareholding × 1.05 × preceding opening. preceding shareholding 5: Section EX 56(9) 6: In section EX 56(15) 0.05 × peak holding differential × average cost. 7: In section EX 56 close of trading spot exchange rate 180: Additional FIF income or loss if CFC owns FIF 1: In section EX 58(1)(a) EX 8 EX 14 2: Section EX 58(6) Non-attributing Australian CFCs 6: This section applies whether or not the CFC is a non-attributing Australian CFC under section EX 22 for the period. 3: Section EX 58(7) 4: Subsections (2) and (3) 181: Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method 1: Section EX 59(1)(c) c: the fair dividend rate method: . 2: After section EX 59(1) Exclusion for interests in grey list companies 1B: Subsection (1)(c) does not apply if— a: the FIF is a grey list company; and b: the person holds a direct income interest of 10% or more in the FIF at the beginning of the income year in which the period falls. Application of rule for certain managed funds 1C: Subsection (1B) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 3: Section EX 59(1C)(b) b: the FIF is a foreign PIE equivalent. 4: After section EX 59(2) Exception to subsection (2): fees rebate 2B: An amount derived by the person from the interest is not disregarded under subsection (2) if— a: the amount is a rebate of fees; and b: the person was allowed a deduction for the payment of the fees. 5: In section EX 59 company direct income interest foreign investment vehicle grey list company life insurance portfolio investment entity 6: In section EX 59 a: foreign investment vehicle b: foreign PIE equivalent 7: Subsection (3) applies for the 2010–11 and later income years. 8: Subsection (4) 182: Limits on changes of method 1: In section EX 62(1) subsections (2) to (8) subsections (2) to (9) 2: After section EX 62(8) Change to fair dividend rate method in return for 2008–09, 2009–10 tax year 9: A person may change to the fair dividend rate method from the branch equivalent method or the accounting profits method in the person's return of income for— a: the 2008–09 tax year, if the person has not furnished a return for that tax year before the date on which the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 receives the Royal assent; or b: the 2009–10 tax year, if the person has furnished a return for the 2008–09 tax year before the date on which that Act receives the Royal assent. 3: In section EX 62 return return of income tax year 183: Changes in application of FIF exemptions 1: In section EX 65(1)(b)(i) sections EX 34 to EX 43 sections EX 31 to EX 43 2: In section EX 65(5)(b)(i) sections EX 34 to EX 43 sections EX 31 to EX 43 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 184: New section EX 66B inserted 1: After section EX 66 EX 66B: Entities ceasing to be FIFs When this section applies 1: This section applies when a person holds rights that cease to be an attributing interest in a FIF because an entity ceases to be a FIF. Treatment as sale and repurchase 2: The person is treated as having,— a: immediately before the change, disposed of the interest to an unrelated person; and b: immediately after the change, repurchased the interest; and c: received for the sale and paid for the repurchase an amount equal to the market value of the interest at the end of the business day on which the change occurred. Calculation of reduction in FIF income or loss 3: If the change occurs during an accounting period of the FIF and the person uses the accounting profits method or branch equivalent method to calculate FIF income or FIF loss from the rights for that period, section EX 24 does not apply and the FIF income or FIF loss is reduced by subtracting the amount calculated using the formula— FIF income or loss × days after change days in period. Definition of items in formula 4: In the formula,— a: FIF income or loss b: days after change c: days in period Defined in this Act: accounting period, accounting profits method, amount, attributing interest, branch equivalent method, FIF, FIF income, FIF loss, market value, pay . 2: Subsection (1) applies for the 2009–10 and later income years. 185: Sections EY 1 to EY 5 replaced 1: Sections EY 1 to EY 5 EY 1: What this subpart does Two bases 1: This subpart provides for the taxation of life insurers on 2 separate bases, the policyholder base and the shareholder base. Sections EY 2 and EY 3 describe the general apportionment of income and deductions between the 2 bases under this Part. Section LA 8B (General rules particular to life insurers) provides some general rules for tax credits relating to the 2 bases. Parts L and O include tax credit rules and memorandum account rules specific to the 2 bases. Schedular policyholder base income and PIE schedular income 2: Section EY 2 uses the assessable income in a life insurer's policyholder base income, and the life insurer's policyholder base allowable deductions, to calculate their schedular policyholder base income. A life insurer's schedular income derived by their life fund PIE that is a multi-rate PIE is excluded from their schedular policyholder base income, along with deductions for that income. Counting once 3: Income and deductions must be apportioned to either the policyholder base or the shareholder base. There is no double-counting. Defined in this Act: assessable income, deduction, income, life fund PIE, life insurance, life insurer, life reinsurance, memorandum account, multi-rate PIE, policyholder base, policyholder base income, schedular policyholder base income, shareholder base, tax credit EY 2: Policyholder base Policyholder base income 1: A life insurer has policyholder base income,— a: for savings product policies that are not profit participation policies, under section EY 15: b: for profit participation policies, under section EY 17: c: under section EY 27(4). Policyholder base allowable deductions 2: A life insurer has policyholder base allowable deductions,— a: for savings product policies that are not profit participation policies, under section EY 16: b: for profit participation policies, under section EY 18: c: under section EY 27(4): d: under section EZ 61 (Allowance for cancelled amount: spreading): e: under section LE 2B (Use of remaining credits by life insurer on policyholder base). Schedular policyholder base income 3: A life insurer's schedular policyholder base income Cap on subtracting: ring-fencing policyholder base allowable deductions 4: Despite subsection (3), the total amount that is subtracted under subsection (3), including an amount carried forward to the current year under subsection (5), is no more than the amount of the assessable income in the life insurer’s policyholder base income for the income year. Excess allocations: carrying forward and re-instating next year 5: Any excess not able to be subtracted in the current year because of subsection (4) is carried forward to the next income year. Exception 6: Despite subsections (3) to (5) a life insurer's schedular income derived by their life fund PIE that is a multi-rate PIE is excluded from their schedular policyholder base income, along with deductions for that income. Defined in this Act: amount, assessable income, income year, life fund PIE, life insurance, life insurer, multi-rate PIE, policyholder base allowable deduction, policyholder base income, profit participation policy, savings product policy, schedular income, schedular policyholder base income EY 3: Shareholder base Shareholder base income 1: A life insurer has shareholder base income,— a: for policies that are not profit participation policies, under section EY 19: see also b: for profit participation policies, under sections EY 21, EY 28, and EY 29: c: for annuities, under section EY 31. Shareholder base allowable deductions 2: A life insurer has shareholder base allowable deductions,— a: for policies that are not profit participation policies, under section EY 20: see also b: for profit participation policies, under sections EY 22 and EY 28: c: for the period and policies described in section EY 30, under that section: d: for annuities, under section EY 31. Reserves 3: Under sections EY 23 to EY 27, a life insurer calculates reserving amounts for life insurance policies, other than annuities, that have a life risk component and are not profit participation policies. A reserving amount may be income included in their shareholder base income, or a deduction that is included in their shareholder base allowable deduction, as provided by the relevant sections. Defined in this Act: deduction, life insurance, life insurance policy, life insurer, life risk, profit participation policy, shareholder base allowable deduction, shareholder base income EY 4: Apportionment of income of particular source or nature, and of tax credits Default basis 1: For a class of policies, income of a particular source or nature, and tax credits received, are apportioned between the policyholder base and shareholder base–– a: in the same proportion as the policyholder base income relating to the particular source, nature, or credits bears to the life insurer's total gross gains relating to the particular source, nature, or credits, in the case of the policyholder base: b: in the same proportion as the shareholder base income relating to the particular source, nature, or credits bears to the life insurer's total gross gains relating to the particular source, nature, or credits, in the case of the shareholder base. More equitable or reasonable basis 2: For a class of policies, the life insurer may use a basis of apportionment that is different from the basis described in subsection (1), if that basis results in an amount, actuarially determined, that is more equitable and reasonable than an amount determined using the basis described in subsection (1). Defined in this Act: actuarially determined, amount, class of policies, income, life insurer, policyholder base, policyholder base income, shareholder base, shareholder base income, tax credit EY 5: Part-year tax calculations Part-year tax calculations 1: For their life insurance and for their general insurance contracts outstanding claims reserve, a life insurer does part-year tax calculations, described in subsection (2), if they do not have an early life regime application day and 1 July 2010 is not the first day of their income year. First year part-year calculations: description 2: For calculating their income tax liability for the tax year that corresponds to the income year that includes 1 July 2010, where 1 July 2010 is not the first day of the income year, the life insurer treats references, in the new life insurance rules and in the rules they replace, to an income year or a tax year as if they are references to 2 separate tax years and corresponding income years (the part-years First year part-year calculations: effect 3: The part-year calculations may give rise to income and deductions for the income year, but they do not create any part-year tax return obligations. The 2 part-year calculations compose 1 income tax liability for 1 income year. Part-year calculations for transfers 4: Where a life insurer (the transferor transferee Part-year calculations for transfers: effect 5: Transferor's and transferee's part-year calculations may give rise to income and deductions for the income year, but they do not create any part-year tax return obligations. Part-year calculations for transfers: adjustments 6: If life reinsurance, associated with a class of policies transferred, is assigned by the transferor to the transferee, then the transferor's relevant closing part-year reserve amounts and the transferee's relevant opening part-year reserve amounts are adjusted, by adding the life reinsurance's value to the transferee's opening, and subtracting it from the transferor's closing. Part-year calculations: end of transitional adjustments 7: Where, for relevant life insurance policies, the life insurer has a relevant period under section EY 30(5) that ends on 30 June 2015, and 1 July 2015 is not the first day of their income year, the life insurer does part-year tax calculations for the income year that includes 1 July 2015, as described in subsection (2), for the policies, but the income year is divided by 1 July 2015. The effect of the part-year calculations is described in subsection (3). Defined in this Act: amount, class of policies, deduction, early life regime application day, income, income tax liability, income year, life insurance, life insurance policies, life insurer, life reinsurance, outstanding claims reserve . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 186: Section EY 6 replaced 1: Section EY 6 EY 6: Actuarial advice and guidance The Commissioner may seek the advice of the Government Actuary or any other actuary on anything that is required to be actuarially determined, or any related matter. Defined in this Act: actuarially determined, actuary, Commissioner . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 187: Meaning of claim 1: In section EY 7(1)(b) includes excludes 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 188: Superannuation schemes providing life insurance 1: In section EY 11(7) contributions superannuation contributions 2: In section EY 11(11) contributions superannuation contributions 3: In section EY 11 superannuation contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 189: Meaning of life reinsurance 1: Section EY 12(1) Meaning 1: Life reinsurance a: means a contract of insurance between a life insurer and another person ( person C b: does not include a contract that— i: secures against financial risk unless, in the contract, it is incidental to securing against life risk: ii: is, or is part of, a tax avoidance arrangement. Fully partially 1B: The words fully partially 2: Section EY 12(4) Exclusion: financial arrangements and general insurance 4: To the extent to which a contract is a financial arrangement or is insurance that secures a life insurer against liability that arises from insurable events other than death or survival of a human being, that contract is not life reinsurance. Other definitions 5: In this Act,— life financial reinsurance financial risk a: means risk, whether or not specific to a party to the relevant arrangement relating to risk, that is contingent on a valuation or disposal of financial arrangements, or contingent on profitability or creditworthiness, or contingent on a variable such as future expenditure: b: does not include life risk life reinsurer Relationship with subject matter 6: Section EZ 62 (Reinsurance transition: life financial reinsurance may be life reinsurance) overrides this section. 3: In section EY 12 financial arrangement financial risk life financial reinsurance 4: Subsections (1) and (2) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 190: Sections EY 15 to EY 47 replaced 1: Sections EY 15 to EY 47 Policyholder base Non-participation policies EY 15: Policyholder base income: non-participation policies What is included 1: For an income year, a life insurer's income is included as their policyholder base income if it relates to life insurance policies that are not profit participation policies, and it–– a: does not relate to life risk components of premiums and claims: b: is investment income that–– i: is included in investment income gains or losses in the financial statements of the life insurer; and ii: is not a premium; and iii: is fairly attributable to savings product policies. Certain income: basis of apportionment 2: Despite subsection (1), if an amount of investment income is included in a life insurer's policyholder base income under subsection (1), but may also be shareholder base income under section EY 19, ignoring section EY 19(1)(d), then the investment income is included in policyholder base income to the extent provided by the formula— income × average surrender value average savings assets. Definition of items in formula 3: In the formula,— a: income b: average surrender value c: average savings assets More equitable or reasonable basis of apportionment 4: Despite subsections (2) and (3), for investment income described in subsection (2), the life insurer may use a basis of apportionment that is different from the one described in subsections (2) and (3), if that basis results in an amount, actuarially determined, that is more equitable and reasonable than an amount determined using the basis described in subsections (2) and (3). Treatment of de minimis life risk component amounts 5: An amount of income in respect of a policy that, but for this subsection, is an amount related to the life risk of a premium or life reinsurance claim, is treated as not relating to the relevant life risk component for the purposes of subsection (1), if–– a: the life insurer has actuarially determined that the life risk is 1% or less of the premium or life reinsurance claim; and b: chooses to apply this subsection for the policy. Defined in this Act: actuarially determined, amount, claim, income, income year, life insurance policy, life insurer, life reinsurance, life risk, life risk component, market value, premium, policyholder base income, profit participation policy, savings product policy, shareholder base income, surrender value EY 16: Policyholder base allowable deductions: non-participation policies What is included 1: For an income year, a life insurer's deduction that relates to life insurance policies that are not profit participation policies is included as their policyholder allowable deduction to the extent to which it is incurred in relation to their policyholder base income under section EY 15. Basis of apportionment 2: Despite subsection (1), if a deduction is included in a life insurer's policyholder base allowable deduction under subsection (1), but may also be a shareholder base allowable deduction under section EY 20, ignoring section EY 20(1)(d), the life insurer must use a basis of apportionment for the deduction which is–– a: the same as in section EY 15(2) and (3) with necessary modifications; or b: is the same as in section EY 15(4) with necessary modifications. Defined in this Act: deduction, income year, life insurance policy, life insurer, policyholder base allowable deduction, policyholder base income, profit participation policy, shareholder base allowable deduction Profit participation policies EY 17: Policyholder base income: profit participation policies What is included 1: For an income year, a life insurer has policyholder base income to the extent to which they have an amount for profit participation policies calculated using the formula— asset base gross income × (1 − retained earnings average − future shareholder transfers average) + net transfers. Definition of items in formula 2: In the formula,— a: asset base gross income i: the life insurer is treated as having no assets other than the asset base; and ii: amounts under sections EY 28 and EY 29 are ignored: b: retained earnings average i: the proportion of the value of the policies' asset base that is attributable to the life insurer's shareholders at the end of the year before the income year: ii: the proportion of the value of the policies' asset base that is attributable to the life insurer's shareholders at the end of the income year: c: future shareholder transfers average i: the proportion of the value of the policies' asset base that is attributable to the present value (net) of future transfers to the life insurer's shareholders for future bonus declarations that are able to be supported by the supporting asset base at the beginning of the income year: ii: the proportion of the value of the policies' asset base that is attributable to the present value (net) of future transfers to the life insurer's shareholders for future bonus declarations that are able to be supported by the supporting asset base at the end of the income year: d: net transfers Meaning of supporting asset base 3: Supporting asset base a: policyholder unvested liabilities: b: the value of assets attributable to the life insurer's shareholders. Defined in this Act: actuarially determined, amount, annual gross income, asset base, income year, life insurer, policyholder base income, present value (net), profit participation policy, supporting asset base EY 18: Policyholder base allowable deductions: profit participation policies For an income year, a life insurer has policyholder base allowable deductions equal to the amount they would have, for profit participation policies, under the formula in section EY 17(1), if–– a: the life insurer is treated as having no assets other than the asset base; and b: the item asset base gross income Defined in this Act: amount, annual total deduction, asset base, income year, life insurer, policyholder base allowable deduction, profit participation policy Shareholder base Non-participation policies EY 19: Shareholder base income: non-participation policies What is included 1: For an income year, a life insurer's income is included as their shareholder base income if it relates to life insurance policies that are not profit participation policies, and it–– a: relates to life risk components of premiums and claims, other than for annuities, and is not described in paragraphs (b) to (d): b: relates to fees and commissions: c: relates to the life risk component of life reinsurance claims: d: is investment income that is not included as their policyholder base income under section EY 15: e: is not otherwise accounted for in this subpart, for the income year. Treatment of de minimis life risk component amounts 2: An amount of income in respect of a policy that, but for this subsection, is an amount related to the life risk of a premium or life reinsurance claim, is treated as not relating to the life risk component for the purposes of subsection (1), if–– a: the life insurer has actuarially determined that the life risk is 1% or less of the premium or life reinsurance claim; and b: chooses to apply section EY 15(5) for the policy. No double-counting 3: If an amount is included as shareholder base income under sections EY 23 to EY 29, it is not included under this section. Defined in this Act: amount, actuarially determined, claim, income year, life insurer, life insurance policy, life reinsurance, life risk, life risk component, policyholder base income, premium, profit participation policy, shareholder base income EY 20: Shareholder base allowable deductions: non-participation policies What is included 1: For an income year, a life insurer's deduction is included as their shareholder base allowable deduction if it relates to life insurance policies that are not profit participation policies, and it–– a: relates to life risk components of premiums and claims, other than for annuities, and is not described in paragraphs (b) to (e): b: relates to fees and commissions: c: relates to the life risk component of life reinsurance premiums: d: is a deduction in relation to investment income that is not included as their policyholder base allowable deduction under section EY 16: e: is a premium payback amount, and–– i: section EY 19 applies or has applied to include the original premium as shareholder base income; and ii: section EY 30(7) does not apply or has not applied to calculate a transitional amount for the original premium: f: is not otherwise accounted for in this subpart, for the income year. No double-counting 2: If an amount is included as shareholder base allowable deduction under sections EY 23 to EY 29, it is not included under this section. Defined in this Act: amount, claim, deduction, income year, life insurer, life insurance policy, life reinsurance, life risk component, policyholder base allowable deduction, premium, premium payback amount, profit participation policy, shareholder base allowable deduction, shareholder base income Profit participation policies EY 21: Shareholder base income: profit participation policies What is included 1: For an income year, a life insurer has shareholder base income to the extent to which they have an amount for profit participation policies calculated using the formula— asset base gross income × (retained earnings average + future shareholder transfers average) − net transfers. Definition of items in formula 2: In the formula,— a: asset base gross income i: the life insurer is treated as having no assets other than the asset base; and ii: amounts under sections EY 28 and EY 29 are ignored: b: retained earnings average i: the proportion of the value of the policies' asset base that is attributable to the life insurer's shareholders at the end of the year before the income year: ii: the proportion of the value of the policies' asset base that is attributable to the life insurer's shareholders at the end of the income year: c: future shareholder transfers average i: the proportion of the value of the policies' asset base that is attributable to the present value (net) of future transfers to the life insurer's shareholders for future bonus declarations that are able to be supported by the supporting asset base at the beginning of the income year: ii: the proportion of the value of the policies' asset base that is attributable to the present value (net) of future transfers to the life insurer's shareholders for future bonus declarations that are able to be supported by the supporting asset base at the end of the income year: d: net transfers Defined in this Act: actuarially determined, amount, annual gross income, asset base, income, income year, life insurer, present value (net), profit participation policy, shareholder base income, supporting asset base EY 22: Shareholder base allowable deductions: profit participation policies For an income year, a life insurer has shareholder base allowable deductions equal to the amount they would have, for profit participation policies, under the formula in section EY 21(1) if–– a: the life insurer is treated as having no assets other than the asset base; and b: the item asset base gross income Defined in this Act: amount, annual total deduction, asset base, income year, life insurer, profit participation policy, shareholder base allowable deduction Non-participation policies: reserves EY 23: Reserving amounts for life insurers: non-participation policies Reserves 1: Sections EY 24 to EY 27 apply to calculate a life insurer's reserving amounts for life insurance policies, other than annuities, that have a life risk component and that are not profit participation policies. Actuarial determination 2: All reserving amounts must be actuarially determined, for each class of policies. Positive and negative amounts: shareholder base income or shareholder base allowable deduction 3: If a reserving amount calculated under sections EY 24 to EY 27 is a positive amount, the life insurer has that amount as income included in their shareholder base income. If a reserving amount calculated under sections EY 24 to EY 27 is a negative amount, the life insurer has that amount as a deduction included in their shareholder base allowable deductions. Which reserve can be used when? 4: For an income year, for a relevant class of policies, a life insurer has a reserving amount described in— a: section EY 24, for outstanding claims reserves (the outstanding claims reserving amount b: section EY 25, for premium smoothing reserves (the premium smoothing reserving amount c: section EY 26, for unearned premium reserves (the unearned premium reserving amount d: section EY 27, for capital guarantee reserves (the capital guarantee reserving amount Choice 5: Despite subsection (4)(b) and (c), a life insurer may not change between calculating a premium smoothing reserving amount and an unearned premium reserving amount for a class of policies once the premium smoothing reserving amount is used for the class of policies. If a policy in a class of policies does not meet the relevant requirements described in subsection (6), then a life insurer has an unearned premium reserving amount for that class of policy. Meaning of PSR period 6: PSR period a: premiums payable are level or substantially level, and the period is 1 or more years; or b: there is a material mismatch between the incidence of life risk components and the timing of premiums payable, and the period is 1 or more years. Defined in this Act: actuarially determined, amount, class of policies, deduction, income year, life insurance policy, life insurer, life risk, life risk component, premium, profit participation policy, PSR period, shareholder base allowable deduction, shareholder base income EY 24: Outstanding claims reserving amount: non-participation policies not annuities Calculation of reserving amount 1: For an income year (the current year opening outstanding claims reserve Definition of items in formula 2: In the formula in subsection (1),— a: opening outstanding claims reserve i: the amount of the life insurer’s closing outstanding claims reserve for the class of policies, for the income year before the current year (the prior year ii: if the life insurer has no closing outstanding claims reserve for the prior year, the amount of the life insurer's outstanding claims reserve under subsections (3) and (4) for the class of policies, calculated at the beginning of the current year, but excluding amounts that were included in the closing sum insured for the calculation of mortality profit for the prior year or an earlier income year: b: closing outstanding claims reserve Outstanding claims reserve calculation 3: A life insurer’s outstanding claims reserve is calculated for the relevant policies using the formula— life risk claims incurred + life risk claims reported + risk margin. Definition of items in formula 4: In the formula in subsection (3),— a: life risk claims incurred b: life risk claims reported c: risk margin Defined in this Act: amount, best estimate assumptions, claim, class of policies, income year, life insurer, life reinsurance, life risk, life risk component, mortality profit, present value (gross) EY 25: Premium smoothing reserving amount: non-participation policies not annuities Calculation of reserving amount 1: For an income year (the current year opening premium smoothing reserve Definition of items in formula 2: In the formula,— a: opening premium smoothing reserve i: the amount of the life insurer’s closing premium smoothing reserve for the class of policies, for the income year (the prior year ii: the amount of the life insurer’s premium smoothing reserve calculated under the principles in subsection (3) for the class of policies, calculated at the beginning of the current year, if the life insurer has no closing premium smoothing reserve for the prior year: b: closing premium smoothing reserve Premium smoothing reserve calculation: principles 3: A premium smoothing reserve for policies in a class of policies, during their PSR periods, is calculated using the following principles: a: the premium smoothing reserve must allow the calculation of a reserving amount for an income year, such that the reserving amount plus the life risk component of premiums for the policies for the income year must equal the expected life risk proportion: b: the life risk component of premiums plus reserving amount recognised for tax purposes during the policies' PSR periods must equal the total life risk component of premiums recognised for financial reporting purposes during the PSR periods. Best estimate assumptions for PSR 4: Closing and opening premium smoothing reserve amounts must be actuarially determined, using best estimate assumptions. Special grouping rule for the purposes of best estimate assumptions 5: For the purposes of determining premium smoothing reserve amounts, life insurance policies may be grouped together if the policies have in common,–– a: substantially the same contractual terms and conditions, other than their PSR periods; and b: substantially the same assumptions for pricing their life risk. Meaning of expected life risk proportion 6: In this section, expected life risk proportion a: the end of the income year: b: immediately before the end of the policies' PSR period. Defined in this Act: amount, actuarially determined, best estimate assumptions, class of policies, expected life risk proportion, income year, life insurance policy, life insurer, life risk, life risk component, premium, PSR period EY 26: Unearned premium reserving amount: non-participation policies not annuities Calculation of reserving amount 1: For an income year (the current year opening unearned premium reserve Definition of items in formula 2: In the formula,— a: opening unearned premium reserve i: the amount of the life insurer’s closing unearned premium reserve for the class of policies, for the income year before the current year; or ii: the amount of the life insurer’s unearned premium reserve under subsection (3) for the class of policies, calculated at the beginning of the current year, if the life insurer has no closing unearned premium reserve for the income year before the current year: b: closing unearned premium reserve Unearned premium reserve 3: A life insurer's unearned premium reserve is the amount of the premium in the current year or a prior year, for the relevant policies, that relates to life risk components and relevant costs, in income years after the current year, but subtracting relevant life reinsurance premiums. Defined in this Act: amount, class of policies, income year, life insurer, life reinsurance, life risk component EY 27: Capital guarantee reserving amount: non-participation policies not annuities Calculation of reserving amount 1: For an income year (the current year opening capital guarantee reserve − closing capital guarantee reserve. Definition of items in formula 2: In the formula,— a: opening capital guarantee reserve i: the amount of the life insurer’s closing capital guarantee reserve for the class of policies, for the income year before the current year; or ii: the amount of the life insurer’s capital guarantee reserve under subsection (3) for the class of policies, calculated at the beginning of the current year, if the life insurer has no closing capital guarantee reserve for the income year before the current year: b: closing capital guarantee reserve Capital guarantee reserve 3: A life insurer’s capital guarantee reserve is the net amount of credits and debits on account of a risk-linked provision for future obligations in relation to a guarantee, for the class of policies, by the life insurer that capital invested will be returned or that a minimum return on capital will be paid. Reflex in policyholder base 4: For the current year, if the reserving amount under this section is positive, the life insurer has that amount as a deduction included in their policyholder base allowable deductions. For the current year, if the reserving amount under this section is negative, the life insurer has that amount as income included in their policyholder base income. Reflex in policyholder base: exception 5: Despite subsection (4), for the current year, the life insurer does not have that amount as income included in their policyholder base income to the extent to which the amount represents payment on account of lost capital in the policyholder base. Defined in this Act: amount, class of policies, income year, life insurer, pay, policyholder base, policyholder base allowable deduction, policyholder base income Shareholder base other profit: profit participation policies EY 28: Shareholder base other profit: profit participation policies that are existing business Calculation of income 1: For an income year, a life insurer has an amount, for profit participation policies that are existing business, that is calculated using the formula–– other profit × gate (1 + gate). Definition of items in formula 2: In the formula in subsection (1),— a: other profit b: gate profit participation policy Formula: negative amounts and positive amounts 3: If, for an income year, the formula in subsection (1) calculates a positive amount, that amount is included as income in the life insurer’s shareholder base income. If it is a negative amount, then that amount is included as a deduction in the life insurer’s shareholder base allowable deductions. Other profit 4: For the purposes of the item other profit current year (premiums − premiums estimate) − (claims − claims estimate) Definition of items in formula 5: In the formula in subsection (4),— a: premiums b: premiums estimate c: claims d: claims estimate e: closing policy liabilities f: estimated closing policy liabilities Meaning of policy liabilities 6: For the purposes of subsection (5), policy liabilities Basis of best estimate assumptions in actuarially determining items 7: The same best estimate assumptions must be used for actuarially determining the items premiums estimate claims estimate policy liabilities Meaning of existing business 8: For the purposes of this section and section EY 29, existing business a: issued on or before 30 June 2009; or b: issued after 30 June 2009, if–– i: issued on the same substantial and material terms, conditions, and bonus entitlements as profit participation policies that the life insurer issued on or before 30 June 2009, ignoring any annual increase in life insurance cover that is less than 10% or less than annual percentage change in the consumer price index: ii: issued as the result of conversion rights in a policy issued on or before 30 June 2009. Defined in this Act: actuarially determined, amount, best estimate assumptions, claim, existing business, income year, life insurance, life insurance policy, life insurer, life reinsurance, premium, present value (net), profit participation policy EY 29: Shareholder base other profit: profit participation policies that are new business Calculation of income 1: For an income year, a life insurer has an amount, for profit participation policies that are new business, that is calculated using the formula— other profit × gate – previous negative amount. (1 + gate) Definition of items in formula 2: In the formula in subsection (1),— a: other profit b: gate profit participation policy c: previous negative amount Formula: negative amounts and positive amounts 3: If, for an income year, the formula in subsection (1) calculates a positive amount, that amount is included as income in the life insurer’s shareholder base income. If it is a negative amount, then that amount is not included as a deduction in the life insurer’s shareholder base allowable deductions, but see Negative amounts: carry forward 4: The amount by which the amount calculated using the formula in subsection (1) is less than zero is carried forward to the next income year, to be used under this section in the formula as the item previous negative amount Other profit 5: For the purposes of the item other profit current year (premiums − premiums estimate) − (claims − claims estimate) Definition of items in formula 6: In the formula in subsection (5),— a: premiums b: premiums estimate c: claims d: claims estimate e: closing policy liabilities f: estimated closing policy liabilities Meaning of valuation premiums 7: In this section, valuation premiums Meaning of policy liabilities 8: In this section, policy liabilities Basis of best estimate assumptions in actuarially determining items 9: The same best estimate assumptions must be used for actuarially determining the items premiums estimate claims estimate, policy liabilities Meaning of new business 10: For the purposes of this section, new business Defined in this Act: actuarially determined, amount, best estimate assumptions, claim, existing business, income year, life insurance policy, life insurer, life reinsurance, new business, premium, present value (net), profit participation policy, valuation premiums Transitional adjustments and annuities EY 30: Transitional adjustments: life risk When this section applies: treatment of old and new policies 1: This section applies to life insurance policies described in subsections (2) to (4). For the purposes of this section, a policy (the new policy old policy a: reinstating the old policy due to a lapse by the insured in premium payments, if the new policy comes into force within 90 days of the lapse, and the life insurer treats the new policy and old policy the same; or b: the life insurer being sold, or the life insurer selling its rights and obligations under the old policy. Life insurance policies 2: This section applies to a life insurance policy, excluding an annuity, a group life master policy, credit card repayment insurance, and an employer sponsored group policy, if the policy is issued by the life insurer before the grandparenting start day or if the life insurer receives an application and a deposit in money before the grandparenting start day for the policy which is issued after that day, and–– a: the life insurer has no policyholder base income or policyholder base allowable deduction for the policy; and b: the policy meets the relevant requirements for the relevant period described in subsection (5)(a) to (c); and c: the amount of life insurance cover does not increase for a cover review period that is wholly or partly in the relevant income year by more than the greater of–– i: 10% of the insurance cover at the beginning of the cover review period; and ii: the percentage change in consumer price index for the cover review period. Group life master policies 3: This section applies to a group life master policy, if the policy is issued by the life insurer before the grandparenting start day or if the life insurer receives an application and a deposit in money before the grandparenting start day for the policy which is issued after that day, and–– a: the life insurer has no policyholder base income or policyholder base allowable deduction for the policy; and b: the policy meets the requirements for the period described in subsection (5)(c), or, looking through to the individual lives covered, to the extent to which the policy meets the requirements of subsection (5)(a); and c: to the extent to which, looking through to the individual lives covered, the cover was first in place before the grandparenting start day; and d: the substantial and material terms and conditions of the policy do not change on or after the grandparenting start day; and e: the amount of life insurance cover, looking through to the individual lives covered, does not increase for a cover review period that is wholly or partly in the relevant income year by more than the greater of–– i: 10% of the life insurance cover at the beginning of the cover review period; and ii: the percentage change in consumer price index for the cover review period. Credit card repayment insurance and employer sponsored group policies 4: This section applies to a credit card repayment insurance and to an employer sponsored group policy, if the policy is issued by the life insurer before the grandparenting start day or if the life insurer receives an application and a deposit in money before the grandparenting start day, and–– a: the life insurer has no policyholder base income or policyholder base allowable deduction for the policy; and b: the policy meets the requirements for the period described in subsection (5)(c); and c: to the extent to which, looking through to the individual lives covered, the cover was first in place before the grandparenting start day, if the policy is an employer sponsored group policy; and d: the substantial and material terms and conditions of the policy do not change on or after the grandparenting start day. Requirements and periods for which this section applies 5: For the purposes of subsections (2)(b), (3)(b), and (4)(b), this section applies to a policy to the extent to which, for the following relevant period, it is described by the following relevant requirements: a: for a life insurance policy for which only 1 premium is ever payable, or for which the amount of each premium is the same, the period that–– i: starts on the grandparenting start day; and ii: finishes on the day that the policy ceases to be in force: b: for a life insurance policy for which the premium is set for a continuous period beginning before the grandparenting start day and the premium does not go up in the period (the continuous rate period i: the day that is the last day of the continuous rate period: ii: whichever day described in paragraph (c)(i) and (ii) is earlier: c: for a life insurance policy for which the premium may vary each year, the period that starts on the grandparenting start day and ends on the earlier of the following: i: the day that the policy expires: ii: the day that is before the 5 years anniversary of the grandparenting start day. When this section does not apply: once-only opt out 6: This section does not apply to a class of policies after the life insurer irrevocably chooses in a notice received by the Commissioner that this section does not apply for the class. Adjustment 7: For the income year, a life insurer has an amount of shareholder base allowable deduction calculated for a class of policies using the formula–– premiums − total net reserving amounts Definition of items in formula 8: In the formula,— a: premiums b: total net reserving amounts sections EY 24 to EY 27 c: expected death strain Negative amounts 9: If subsection (7) gives a negative amount for a policy, it is ignored for that policy. Meaning of cover review period 10: Cover review period a: the relevant income year, if the life insurer has not chosen a different period under paragraph (b): b: a period of a year that has a starting and anniversary date that the life insurer irrevocably chooses, for a class of policies, in a return of income for the tax year corresponding to the income year in which the grandparenting start day is included. Meaning of credit card repayment insurance 11: Credit card repayment insurance a: the group of individuals is identified in the policy and the general public are excluded; and b: the benefits of the cover are for the repayment of an outstanding debt balance of a credit card. Meaning of employer sponsored group policies 12: Employer sponsored group policy a: the group of individuals is identified in the policy as employees and the general public are excluded; and b: the benefits of the cover are determined by a calculation that is based on age, salary or wages, or employee seniority. Meaning of grandparenting start day 13: Grandparenting start day a: 1 July 2010, if paragraph (b) does not apply: b: a life insurer's early life regime application day, if the life insurer irrevocably chooses that day as their grandparenting start day. Meaning of group life master policies 14: Group life master policy Defined in this Act: amount, Commissioner, cover review period, credit card repayment insurance, class of policies, early life regime application day, employer sponsored group policy, grandparenting start day, group life master policy, income year, life insurance, life insurer, life reinsurance, policyholder base allowable deduction, policyholder base income, shareholder base allowable deduction, shareholder base income EY 31: Annuities When this section applies 1: This section applies when a life insurance policy is an annuity. Adjustment 2: For the income year, a life insurer has an amount calculated for the relevant annuities using the formula— closing actuarial reserves − (0.99 × expected death strain). Definition of items in formula 3: In the formula,— a: closing actuarial reserves b: expected death strain Positive and negative amounts 4: If the formula in subsection (2) gives a positive amount, the life insurer has that amount as income included in their shareholder base income. If the formula in subsection (2) gives a negative amount, the life insurer has that amount as a deduction included in their shareholder base allowable deductions. Defined in this Act: amount, income year, life insurer, life insurance policy, shareholder base allowable deduction, shareholder base income . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 191: Policyholder income formula: FDR adjustment 1: Section EY 43B a: property is an attributing interest in a FIF held by a life insurer or by a multi-rate PIE that the life insurer has invested in, directly or indirectly; and b: the life insurer or the multi-rate PIE uses the fair dividend rate method for the property; and . 2: Section EY 43B When has life insurer indirectly invested in multi-rate PIE? 2: For the purposes of subsection (1), a life insurer is treated as investing indirectly in a multi-rate PIE ( PIE A 3: In section EY 43B a: portfolio investment-linked life fund b: multi-rate PIE PIE 4: Subsections (1) and (2) apply for the 2010–11 income year. 192: Policyholder income formula: PILF adjustment 1: In section EY 43C(1) 1: This section applies for the purposes of section EY 42(5C) to property that supports only actuarial reserves for a life fund PIE to the extent to which the property is— a: an attributing interest in a FIF— i: held by a life insurer or a multi-rate PIE that the life insurer has invested in directly or indirectly; and ii: for which the life insurer or multi-rate PIE uses the fair dividend rate method: . 2: Section EY 43C(2) When has life insurer invested directly in multi-rate PIE? 2: For the purposes of subsection (1), a life insurer is treated as investing directly in a multi-rate PIE ( PIE A 3: Section EY 43C(3)(b)(ii) ii: dividends or distributions for shares described in subsection (1)(b) other than a distribution from a multi-rate PIE to which section CX 56B 4: Section EY 43C(9)(c)(ii) ii: dividends and distributions for the shares, other than distributions from a multi-rate PIE to which section CX 56B 5: In section EY 43C a: portfolio investment-linked life fund b: life fund PIE multi-rate PIE PIE 6: Subsections (1) to (4) apply for the 2010–11 income year. 193: Non-resident life insurers with life insurance policies in New Zealand 1: Section EY 48(3) Shareholder base and policyholder base 3: The life insurer's income and deductions are apportioned between their policyholder base or shareholder base under the provisions of this subpart to the extent to which the income or deductions relate to— a: life insurance policies that the life insurer, as insurer, offered or was offered or entered into in New Zealand: b: life reinsurance policies held by the life insurer that relate exclusively to life insurance policies described in paragraph (a). 2: In section EY 48(4) other than under a formula referred to in subsection (3) other than under the provisions of this subpart 3: Subsections (1) and (2) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 194: Deductions for disposal of property: 1982–83 and 1989–90 income years 1: In the heading to section EZ 2(1) Section EY 47(2)(b) Deduction 2: In section EZ 2(1) section EY 47(2)(b) (Deductions for disposal of property) this Act 3: In the heading to section EZ 2(2) Section EY 47(2)(c) Deduction 4: In section EZ 2(2) section EY 47(2)(c) this Act 5: Subsections (1) to (4) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 195: Section EZ 31 repealed 1: Section EZ 31 2: Subsection (1) 196: Section EZ 32B repealed Section EZ 32B 197: Income and expenditure where financial arrangement redeemed or disposed of 1: In section EZ 38(6)(a)(iii) section EZ 41(8)(c)(ii) subsection (8)(c)(ii) 2: Subsection (1) applies for the 2008–09 and later income years. 198: New section EZ 52B added After section EZ 52 EZ 52B: Consistency of use of IFRS method: Determination G3 When this section applies 1: This section applies to a financial arrangement of a person— a: for the 2009–10 income year, unless paragraph (b) or (c) b: for the 2008–09 or the 2009–10 income year (a retrospective year i: the financial arrangement is subject to a creditor workout in a retrospective year; and ii: the person notifies the Commissioner in writing of their election to apply this section to the financial arrangement for a retrospective year: c: for an income year after the 2009–10 income year, if— i: the financial arrangement is subject to a creditor workout in the relevant income year; and ii: the person notifies the Commissioner in writing of their election to apply this section to the financial arrangement for the relevant income year before the last day for filing a return of income for that income year. Exception modified 2: For the purposes of the exception in section EW 25B(2) (Consistency of use of IFRS method), the person may change a method for IFRS for the financial arrangement if— a: the method they change to or from is Determination G3 section EW 15E(2)(aa) b: that method is available to them to use. Defined in this Act: creditor workout, financial arrangement, IFRS, income year . 199: New headings and sections EZ 53 to EZ 62 added 1: After section EZ 52B, the following is added: Life insurance transitional adjustment: expected death strain Expected death strain formulas EZ 53: How expected death strain is calculated Calculation of expected death strain: steps 1: For an income year, the life insurer calculates their expected death strain by following these steps: a: first, use the relevant expected death strain formula to calculate an amount for each life insured under each life insurance policy existing at the start of the income year ( see: b: second, for each such life insurance policy, add together the amounts for the lives insured under it: c: third, add together the totals reached under paragraph (b). Expected death strain formula (life) 2: Section EZ 54(1) sets out the expected death strain formula (life). This is the formula a life insurer uses for an income year, to calculate an amount for a life insured under a life insurance policy, except to the extent to which an annuity is being paid under the policy at some time in the income year. Expected death strain formula (active annuities) 3: Section EZ 54(2) sets out the expected death strain formula (active annuities). This is the formula a life insurer uses for an income year, to calculate an amount for a life insured under a life insurance policy, to the extent to which an annuity is being paid under the policy at some time in the income year. Defined in this Act: business, income year, life insurance, life insurance policy, life insured, life insurer, pay EZ 54: Expected death strain formulas Expected death strain formula (life) 1: The expected death strain formula (life) is— claim probability × (opening sum assured Expected death strain formula (active annuities) 2: The expected death strain formula (active annuities) is— claim probability × opening actuarial reserves. Definition of items in formulas 3: The items in the formulas are defined in subsections (4) to (6). Claim probability 4: Claim probability claim probability Opening sum assured 5: Opening sum assured opening sum assured Opening actuarial reserves 6: Opening actuarial reserves Defined in this Act: actuarial reserves, amount, claim, income year, life insured, life insurer, pay EZ 55: Expected death strain formulas: option when more than 1 life insured When this section applies 1: This section applies when a life insurance policy covers more than 1 life insured. Claim probability 2: In using the relevant expected death strain formula, the life insurer may use as claim probability Features of common factor 3: The common factor must be a reasonable approximation of the average probability of a claim arising under the policy for each life insured’s death in the income year. It must be weighted as necessary to take account of— a: differing claims for individual lives insured under the policy; and b: differing amounts in the life insurer’s actuarial reserves for individual lives insured under the policy. Defined in this Act: actuarial reserves, amount, claim, income year, life insurance policy, life insured, life insurer EZ 56: Expected death strain formula (life): when annuity payable on death When this section applies 1: This section applies when, and to the extent to which, a life insurance policy provides for the payment of an annuity the start of which is contingent on the life insured’s death. Opening sum assured 2: In using the expected death strain formula (life), the life insurer uses as opening sum assured a: at the start of the income year; and b: on the assumption that the life insured died at the start of the income year; and c: using the same assumptions and bases of calculation as are used to calculate the life insurer’s actuarial reserves for the income year. Defined in this Act: actuarial reserves, income year, life insurance policy, life insured, life insurer, payment, present value (net) EZ 57: Expected death strain formulas: when annuity payable on survival to date or age specified in policy When this section applies 1: This section applies when, and to the extent to which, a life insurance policy provides for the payment of an annuity the start of which is contingent on the life insured’s survival to the relevant date or age specified in the policy. Claim probability 2: In using the relevant expected death strain formula, the life insurer must use claim probability Opening sum assured 3: In using the expected death strain formula (life), the life insurer must use as opening sum assured a: at the relevant date or age specified in the policy; and b: on the assumption that the life insured survived to the date or age; and c: using the same assumptions and bases of calculation as are used to calculate the life insurer’s actuarial reserves for the income year. Defined in this Act: actuarial reserves, income year, life insurance policy, life insured, life insurer, pay, payment, present value (net) EZ 58: Expected death strain formula (life): when partial reinsurance exists When this section applies 1: This section applies when a life insurer has partial life reinsurance. Opening sum assured 2: In using the expected death strain formula (life), the life insurer must reduce opening sum assured Defined in this Act: claim, life insurance policy, life insured, life insurer, life reinsurance policy, partial reinsurance Actuarial reserves EZ 59: Meaning of actuarial reserves Actuarial reserves generally 1: For the purposes of sections EZ 53 to EZ 58, actuarial reserves Closing actuarial reserves for annuities 2: For the purposes of the item closing actuarial reserves section EY 31(3) closing actuarial reserves (active annuities) section EY 31 closing actuarial reserves (active annuities) Link between actuarial reserves and life insurer 3: Actuarial reserves, for a life insurer at any time, means the life insurer’s actuarial reserves at that time. Defined in this Act: actuarial reserves, life insurance policy, life insurer EZ 60: Actuarial reserves: calculation Calculation by actuary 1: The life insurer’s actuarial reserves must be actuarially determined. All reserves or 1 or more amounts 2: The actuary may calculate— a: the actuarial reserves for all the life insurance policies for which the life insurer is the insurer; or b: the amount in the life insurer’s actuarial reserves for 1 or more life insurance policies for which the life insurer is the insurer. Interest, mortality, and other assumptions and bases of calculation 3: The actuary must do the calculation using interest, mortality, and other assumptions and bases of calculation that— a: are based on the same principles as those used in the actuarial advice on which the following are calculated: i: the level of surplus funds available to the life insurer for allotment or payment to shareholders or policyholders; or ii: the level of surplus funds available to the life insurer, if a superannuation scheme, for allotment to objects of the scheme other than the object of providing for members’ benefits; and b: are likely to produce a reasonable estimation of the future experience of the life insurer in relation to life insurance policies of which the life insurer is the insurer, having regard to the past experience of the life insurer in relation to life insurance policies of which the life insurer was the insurer; and c: conform with commercially acceptable practice. Reserves for policy never negative 4: The amount in the actuarial reserves for a life insurance policy must never be negative. Reserves for all policies never less than total of surrender values 5: The actuarial reserves at any time must not be less than the total of the surrender values of all the life insurance policies they cover at that time. Reserves for policies same at end of one, and start of next, income year 6: The amount in the actuarial reserves for life insurance policies at the start of an income year is the same as the amount in the actuarial reserves for the life insurance policies at the end of the previous income year. Effect of partial reinsurance 7: The actuarial reserves of a life insurer who has partial life reinsurance must be reduced by an amount that the actuary responsible for actuarial control of the life insurer considers appropriate having regard to the nature of the life reinsurance policies. Defined in this Act: actuarial reserves, actuary, amount, income year, life insurance policy, life insurer, life reinsurance policy, partial reinsurance, payment, shareholder, superannuation scheme Entry to new life insurance regime: transitional and miscellaneous provisions EZ 61: Allowance for cancelled amount: spreading Policyholder base allowable deduction 1: For an income year that includes 1 July 2010 and later income years, a life insurer may choose, by a notice received by the Commissioner on or before the last day for furnishing a return of income for the relevant income year or within such further time as the Commissioner may allow, that an amount (the deduction amount a: the life insurer has no taxable income, other than in relation to its policyholder base, for the tax year corresponding to the income year, and no taxable income, other than in relation to its policyholder base, for every earlier tax year going back to, and including, the tax year that corresponds with the income year that includes 1 July 2010; and b: the deduction amount is stated in the notice and it is equal to or less than the least of the following: i: the available tax loss for the tax year that corresponds with the income year, before applying this section; and ii: the available concession amount for the income year, described in subsection (2); and iii: the amount that would be the life insurer's schedular policyholder base income for the income year, before applying this section for the year. Available concession amount 2: For the purposes of subsection (1), the available concession amount for the income year is a positive amount calculated using the formula— base concession amount − used. Definition of items in formula 3: In the formula,— a: base concession amount i: the cancelled amount described in section IT 1 (Cancellation of life insurer's policyholder net losses); and ii: the amount of available tax loss for the tax year that corresponds with the income year that includes 1 July 2010, before applying this section for the year: b: used Defined in this Act: amount, Commissioner, income year, life insurer, net loss, policyholder base, policyholder base allowable deduction, return of income, schedular policyholder base income, tax loss, tax year, taxable income EZ 62: Reinsurance transition: life financial reinsurance may be life reinsurance 1: If a life contract that is entered into before a life insurer's reinsurance grandparenting start day would be a contract for life financial reinsurance but for this section, then it is treated as life reinsurance, instead of life financial reinsurance, for the period starting on the reinsurance grandparenting start day, and ending on the earlier of,–– a: the last day of the term of the contract, as that term is stated in the contract before the reinsurance grandparenting start day; and b: the day 5 years after the reinsurance grandparenting start day. Meaning of reinsurance grandparenting start day 2: Reinsurance grandparenting start day a: 1 July 2010, if the life insurer does not have an early life regime application day; or b: a life insurer's early life regime application day, if the life insurer has an early life regime application day. Defined in this Act: early life regime application day, income year, life financial reinsurance, life insurer, life reinsurance, reinsurance grandparenting start day . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 200: New section EZ 63 inserted Before the heading to Part F EZ 63: Disposal and acquisition upon entry When this section applies 1: This section applies for a life insurer immediately before a day (the application day a: 1 July 2010, if the life insurer does not have an early life regime application day; or b: their early life regime application day, if the life insurer does have an early life regime application day. Disposal and acquisition upon entry 2: Immediately before the application day, all of the property of a life insurer that supports actuarial reserves for the purposes of the policyholder income formula in section EY 43 (Policyholder income formula) is treated as disposed of, for market value  consideration,  to  a  third  person,  and  immediately re-acquired from that person for the same consideration. Exclusion 3: Property that is an interest in a PIE that is not a listed PIE is excluded from the disposal and re-acquisition described in subsection (2). Defined in this Act: actuarial reserves, amount, dispose, early life regime application day, income year, life insurer, listed PIE, market value, PIE, portfolio-listed company . 201: Recharacterisation of certain debentures 1: Section FA 2(3) 2: Section FA 2(4) 4: A profit-related debenture a: means a debenture with a rate of interest that is set from time to time by reference to— i: the dividend payable by the company issuing the debenture; or ii: the profits of the company issuing the debenture, however measured: b: does not include a debenture under which the interest payable is determined by a fixed relationship to— i: banking rates; or ii: general commercial rates; or iii: economic, commodity, industrial, or financial indices, but the application of this subparagraph is subject to section FZ 1(3) (Treatment of interest payable under debentures issued before certain date). 3: In section FA 2(4)(b)(iii) date). date): c: does not include a debenture treated as a share under section FA 2B (Stapled debt securities). 4: Section FA 2(5) 5: Substituting debenture a: means a debenture issued by a company to a shareholder or class of shareholders of the company when the amount of the debenture is determined by reference to 1 or more of the following aspects of the shares in the company or another company held by the shareholder or class of shareholder at the time the debenture is issued or at an earlier time: i: the number of shares: ii: the available subscribed capital of the relevant company calculated under the slice rule set out in section CD 23 (Ordering rule and slice rule): iii: some other reference to the shares: b: includes a debenture issued to a shareholder or a class of shareholder when the amount of the debenture is determined by reference to 1 or more aspects of the shares as described in paragraph (a) held by the shareholder in a company other than that issuing the debenture, whether or not the company is being, or has been, liquidated: c: does not include a debenture that is a convertible note. 5: In section FA 2(5)(c) note. note: d: does not include a debenture treated as a share under section FA 2B. 6: Section FA 2(6) 7: Section FA 2(7) 7: For the purposes of subsection (5), the amount of the debenture means the principal sum secured by or owing under the debenture. 202: New section FA 2B inserted 1: After section FA 2 FA 2B: Stapled debt securities When subsection (2) applies 1: Subsection (2) applies when— a: a company has issued a debt security; and b: the debt security is stapled to a share in the company or to a share in another company; and c: the share is not a fixed-rate share. Stapled debt treated as equity 2: The stapled debt security is treated as a share issued by the company and— a: interest payable under the stapled debt security is treated as a dividend; and b: section DB 10B (Interest or expenditure connected to stapled debt security) may deny deductions for expenditure or loss related to the security. Stapled securities aggregated 3: A stapled debt security and a share to which it is stapled are treated as a single share for the purposes of applying— a: the definition of non-participating redeemable share b: the definition of fixed-rate share c: the definitions, in section YA 1 (Definitions), of— i: fixed-rate foreign equity ii: fixed-rate share Meaning of debt security 4: In this section, debt security a: the financial arrangement provides funds to the company; and b: the financial arrangement gives rise to an amount for which the company would have a deduction but for this section; and c: the amount does not arise only from either a movement in a currency exchange rate or a non-contingent fee. Meaning of stapled 5: In this section, a debt security is stapled a: the debt security can, or ordinarily can, be disposed of only together with the share; and b: the arrangement that requires the debt security and the share to be disposed of together is an arrangement to which the company that issued the debt security or the company that issued the share is a party. Exclusion: small company shareholder agreements 6: This section does not apply if the debt security is stapled to the share using a shareholder agreement for a company that is not a widely-held company. Exclusion: stapling before 25 February 2008 7: This section does not apply if the debt security was stapled to the share before 25 February 2008. Defined in this Act: amount, associated person, company, debt security, deduction, dividend, financial arrangement, fixed-rate share, interest, non-contingent fee, share, shareholder agreement, stapled, widely-held company . 2: Section FA 2B(3)(b) is repealed. 3: Subsection (1) applies if a debt security is stapled to a share on or after 25 February 2008. 4: Subsection (2) applies for all income years beginning on or after 1 July 2009. 203: Financial arrangements rules 1: Section FB 9 “The financial arrangements rules do not apply to a financial arrangement transferred on a settlement of relationship property if the financial arrangement meets the criteria set out in section EW 10(6) (Financial arrangements to which financial arrangements rules apply). For the application of the old financial arrangements rules, see 2: Subsection (1) applies for the 2008–09 and later income years. 204: Transfer at market value Section FC 2(2) 2: For property referred to in section FC 1(1)(a), the disposal and acquisition is treated as occurring immediately before the death of the person. 205: Property transferred to charities or to close relatives and others 1: Section FC 4(1) 1: This section applies in the circumstances described in section FC 1(1)(a) or (b) when tax-base property is transferred on a person's death when the only beneficiaries of the deceased person are— a: a close relative of the deceased person: b: a person exempt under section CW 43 (Charitable bequests). 2: Section FC 4(1) 1: This section applies in the circumstances described in section FC 1(1)(b) when tax-base property is transferred on a person's death when the only beneficiaries of the deceased person are— a: a close relative of the deceased person: b: a person exempt under section CW 43 (Charitable bequests). 3: In section FC 4(2) The transfer, including any intervening transfer to an executor or administrator, is treated The transfer is treated 4: In section FC 4 tax base property tax-base property 5: Subsection (1) applies for the 2008–09 and later income years. 206: What this subpart does 1: Section FE 1(1)(a)(i) i: is controlled by a single non-resident, or is a New Zealand resident (an outbound entity . 2: In section FE 1 CFC income interest 3: Subsection (1) 207: When this subpart applies 1: In section FE 2(1)(d) trust. trust: e: a company that is resident in New Zealand and has an income interest in a CFC: f: a company that is resident in New Zealand and has— i: an ownership interest in a company described in paragraph (e) of 50% or more: ii: control of a company described in paragraph (e) by any other means: g: a natural person, or a trustee of a trust settled by a New Zealand resident, if the natural person or trustee is resident in New Zealand and has–– i: an income interest in a CFC: ii: an ownership interest in a company described in paragraph (e) or (f) of 50% or more: iii: control of a company described in paragraph (e) or (f) by any other means. 2: In section FE 2 CFC income interest 3: Subsection (1) 208: Section FE 3 replaced 1: Section FE 3 FE 3: Interest apportionment for individuals Natural persons and trustees: inbound, not described in section FE 2(1)(g) 1: This subpart applies to a natural person or trustee not described in section FE 2(1)(g) with the following modifications: a: the New Zealand group of the natural person or trustee is made up of the natural person or trustee and all associated persons who–– i: are resident in New Zealand; or ii: are carrying on business in New Zealand through a fixed establishment in New Zealand; or iii: derive income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable: b: the worldwide group of the trustee is made up of the trustee and–– i: the trustee's New Zealand group; and ii: all non-residents who are associated with the trustee or a member of the trustee's New Zealand group: c: in the calculation of the amount of the natural person's total assets, private and domestic assets are excluded. Natural persons and trustees: outbound, described in section FE 2(1)(g) 2: This subpart applies to a natural person or trustee described in section FE 2(1)(g) with the following modifications: a: the New Zealand group of the natural person or trustee is made up of the natural person or trustee and all associated persons who are not excess debt outbound companies and are not included in a New Zealand group of an excess debt outbound company, and who–– i: are resident in New Zealand; or ii: are carrying on business in New Zealand through a fixed establishment in New Zealand; or iii: derive income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable: b: the worldwide group of the trustee is made up of the trustee and–– i: the trustee's New Zealand group; and ii: all CFCs in which the trustee or a member of the trustee's New Zealand group has an income interest: c: in the calculation of the amount of the natural person's total assets, private and domestic assets are excluded. Defined in this Act: amount, associated person, business, CFC, double tax agreement, fixed establishment, generally accepted accounting practice, group of companies, income interest, natural person, New Zealand, resident in New Zealand, source in New Zealand, total group assets, total group debt, trustee . 2: Subsection (1) 209: Some definitions 1: In section FE 4 excess debt entity excess debt outbound company . 2: In section FE 4 reporting bank reporting bank a: meets the requirements of section FE 2; and b: is the person determined under section FE 37. 3: In section FE 4 registered bank 4: Subsection (1) 5: Subsection (2) applies for the 2008–09 and later income years. 210: Thresholds for application of interest apportionment rules 1: After section FE 5(1) Exceptions for excess debt outbound companies 1B: Despite subsection (1), an excess debt outbound company and a natural person or trustee who is described in section FE 2(1)(g) do not have to apportion interest expenditure for an income year under section FE 6 if, for the income year,— a: the ratio of the total group assets measured under section FE 16 for its New Zealand group to the total group assets measured under section FE 18 for its worldwide group is 90% or greater: b: its New Zealand group— i: has a total amount of deductions for interest allowed under sections DB 6 to DB 8 (which relate to deductions for interest) to the group, less the total deductions allowed in relation to interest payable intra-group, that is not greater than $250,000; and ii: does not include an entity with an income interest in a CFC, and the CFC derives rent from land in the country or territory in which the CFC is resident. Natural persons' worldwide group total assets 1C: For the purposes of subsection (1B)(a), the total group assets of a natural person's worldwide group under section FE 18 are measured on the basis that the natural person is an excess debt entity that has a worldwide group made up of–– a: the natural person; and b: the natural person's New Zealand group; and c: all CFCs in which the natural person or a member of the natural person's New Zealand group has an income interest. 2: In section FE 5 CFC excess debt outbound company income interest total group assets 3: Subsection (1) 211: Apportionment of interest by excess debt entity 1: Section FE 6(1) Who this section applies to 1: This section applies to an excess debt entity or a natural person if section FE 5 requires the entity or person to apportion their interest expenditure for an income year under this section. A natural person is treated as an excess debt entity for the purposes of this section other than in the item threshold amount 2: In section FE 6(2) total deduction (total deduction + FRD – adjust) 3: In section FE 6(3)(a) sections DB 6 to DB 8 sections DB 6 to DB 8 (which relate to deductions for interest expenditure) 4: After section FE 6(3)(a) ab: FRD i: issued by the entity; and ii: held by a person resident in New Zealand who is not a company that is a member of the entity's New Zealand group: ac: adjust i: zero, if the excess debt entity is not an excess debt outbound company or a natural person or trustee described in section FE 2(1)(g); or ii: the total amount of the items total deduction FRD finance cost iii: the amount by which $2,000,000 exceeds the finance cost, if the finance cost is more than $1,000,000 and less than $2,000,000 and subparagraph (i) does not apply; or iv: zero, if the finance cost is $2,000,000 or more and subparagraph (i) does not apply: . 5: In section FE 6 fixed-rate foreign equity fixed-rate share 6: Subsection (3) applies for the 2008–09 and later income years. 7: Subsections (1), (2), and (4) 212: Calculation of debt percentages 1: In section FE 12(1) A natural person must calculate their debt percentage under the rules set out in sections FE 13 to FE 16 and FE 18. 2: In section FE 12(2) or natural person 3: Section FE 12(5) Membership of company’s worldwide group 5: For an excess debt entity that is a company, the worldwide group is made up of all companies included as members of the worldwide group under–– a: sections FE 31 and FE 32, for an excess debt entity that is not an excess debt outbound company: b: sections FE 31B to FE 32, for an excess debt outbound company. 4: Section FE 12(6) Natural persons: membership of New Zealand groups 6: For a natural person, the membership of the New Zealand group is determined as described in section FE 3(1) and (2), as applicable. Trustees: membership of New Zealand and worldwide groups 7: For a trustee, the memberships of the New Zealand group and the worldwide group are determined as described in section FE 3(1) and (2), as applicable. 5: In section FE 12, in the list of defined terms, excess debt outbound company 6: Subsections (1) to (4) 213: Financial arrangements entered into with persons outside group 1: Section FE 13(1) 1: This section applies when a natural person, a member of a natural person's New Zealand group, an excess debt entity, or a member of an entity's New Zealand group or worldwide group, enters into a financial arrangement with another person ( person A a: provides funds to person A; and b: would otherwise be included in the calculation of the debt percentage of the natural person, excess debt entity, New Zealand group, or worldwide group. 2: In section FE 13(2) and a worldwide group New Zealand group 3: Section FE 13(3)(a) a: a non-resident who is not carrying on business through a fixed establishment in New Zealand and who— i: does not derive income that has a source in New Zealand: ii: does derive income that has a source in New Zealand and, for all of that income, relief from New Zealand tax under a double tax agreement is available; or . 4: In section FE 13 double tax agreement source in New Zealand 5: Subsection (3) 214: Consolidation of debts and assets 1: Section FE 14(2) and (3) Natural persons' and trustees' calculation 2: For a natural person and an excess debt entity that is a trustee, the debt percentage of a New Zealand group is calculated under generally accepted accounting practice for the consolidation of companies for the purposes of eliminating intra-group balances by consolidating the debts and assets for the group. When member not resident 3: If a member of a New Zealand group is not resident in New Zealand, the assets and debts of the member are included in a consolidation only to the extent to which the assets and debts are for the group member to— a: carry on business in New Zealand through a fixed establishment in New Zealand: b: derive income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable. 2: In section FE 14 double tax agreement source in New Zealand 3: Subsection (1) 215: Total group debt 1: Section FE 15(1)(b) b: the financial arrangement— i: gives rise to an amount for which the natural person, the entity, or another member of the group, would have a deduction: ii: is a stapled debt security that is held by a person resident in New Zealand and is stapled to shares other than shares of a company that is a proportional-stapling company. 2: Section FE 15(1) and (2) Meaning 1: In this subpart, for a New Zealand group, total group debt a: financial arrangements entered into by a natural person, or an excess debt entity, or another member of the New Zealand group, if the financial arrangement— i: provides funds to the natural person, the entity, or another member of the group; and ii: gives rise to an amount for which the natural person, the entity, or another member of the group, would have a deduction: b: fixed-rate foreign equity or fixed-rate shares that are— i: issued by the entity or another member of the New Zealand group; and ii: held by a person resident in New Zealand: c: stapled debt securities— i: issued by the entity or another member of the New Zealand group; and ii: held by a person resident in New Zealand; and iii: stapled to shares other than shares of a company that is a proportional-stapling company. Exchange rate fluctuations 2: Subsection (1)(a)(ii) does not include a deduction for an amount that arises only from movement in currency exchange rates. 3: In section FE 15 proportional-stapling company resident in New Zealand stapled stapled debt security 4: In section FE 15 fixed-rate foreign equity 5: Subsection (2) 216: Total group assets 1: After section FE 16(1) CFC investments excluded 1B: If the excess debt entity or another member of the New Zealand group has an investment in a CFC in which the entity or member has an income interest, the value of the total group assets calculated and measured under this section does not include the value of the investment, except–– a: to the extent to which— i: the value of the investment represents the outstanding balances of financial arrangements to which section FE 13 applies: ii: the CFC derives income with a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable: b: that the value of the total group assets is treated as being $1 if the value would otherwise be zero as a result of this subsection. When member not resident 1C: If the excess debt entity or another member of a New Zealand group is not resident in New Zealand, the assets of the entity or member are included in the calculation and measurement of total group assets under this section only to the extent to which the assets are for the entity or member to— a: carry on business in New Zealand through a fixed establishment in New Zealand: b: derive income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable. 2: In section FE 16 CFC double tax agreement income interest source in New Zealand 3: Subsection (1) 217: Measurement of debts and assets of worldwide group 1: In section FE 18(1) 1: The amount of total group debt and the amount of total group assets of the worldwide group of an excess debt entity is calculated— . 2: Section FE 18(2) and (3) Date of measurement 2: The amount of total group debt and the amount of total group assets of the worldwide group of an excess debt entity for an income year are measured using— a: the average amount at the end of each day of the income year; or b: the average amount at the end of each 3-month period in the income year; or c: the amount as at the worldwide group’s balance date that immediately precedes the income year. Measurement of amounts 3: Despite subsection (1), an excess debt entity must measure the amount of total group debt by applying section FE 15 as if it referred to a deduction that would be allowed if the entity, or another group member, were resident in New Zealand. 3: In section FE 18(4) If an excess debt entity is unable to calculate the debt percentage of their worldwide group for an income year, they may ask the Commissioner to estimate the percentage under this subpart. 4: In section FE 18(5) 5: The debt percentage of the worldwide group of an excess debt entity is treated as 68.1818% in the following cases: a: the entity is unable to calculate the percentage and does not ask the Commissioner to make an estimate under subsection (4): . 5: In section FE 18 natural person 6: Subsections (1) to (4) 218: Banking group's New Zealand net equity 1: Section FE 21(3)(d)(ii) ii: that is made by a non-resident who is not a member of the New Zealand banking group or associated with a member of the group under the parts of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions; and . 2: Section FE 21(3)(d)(ii) ii: that is made by a non-resident who is not a member of the New Zealand banking group or associated with a member of the group; and . 3: In section FE 21(4) 4: Adjustment 1 . 4: After section FE 21(4) Stapled debt securities 4B: Adjustment 1A a: owned by a person resident in New Zealand; and b: included in equity value under subsection (3); and c: stapled to shares other than shares of a company that is a proportional-stapling company. 5: Section FE 21(7)(a)(i) and (ii) i: acquired from a person who, at the time of acquisition, is not associated with a member of the group under the parts of subpart YB that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions; or ii: relating to an entity that is acquired from a person who is not associated with a member of the group under the parts of subpart YB that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions: . 6: Section FE 21(7)(a)(i) and (ii) i: acquired from a person who, at the time of acquisition, is not associated with a member of the group; or ii: relating to an entity that is acquired from a person who is not associated with a member of the group: . 7: Section FE 21(8) 8: Adjustment 5 8: Section FE 21(8) 8: Adjustment 5 9: In section FE 21 proportional-stapling company stapled stapled debt security 10: Subsection (3) 11: Subsections (2), (6), and (8) apply for the 2010–11 and later income years. 219: New Zealand group for excess debt entity that is a company 1: In section FE 25(2) company company. However, section FE 30 does not apply to an excess debt outbound company 2: In section FE 25 excess debt outbound company 3: Subsection (1) 220: Identifying New Zealand parent 1: Section FE 26(2)(b)(ii) ii: no single non-resident who is carrying on business in New Zealand through a fixed establishment in New Zealand or who derives income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable has an ownership interest in the entity of 50% or more. 2: In section FE 26(2)(b) more. more; or c: the entity is an excess debt outbound company and no single company resident in New Zealand has an ownership interest in the entity of 50% or more. 3: The heading to section FE 26(3) Top tier New Zealand resident company if not excess debt outbound company 4: In section FE 26(3) 3: If subsection (2) does not apply, and the excess debt entity is not an excess debt outbound company, the entity’s New Zealand parent is the company ( company A . 5: In section FE 26(3)(a)(ii) New Zealand; and New Zealand; or iii: not resident in New Zealand but deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and . 6: In section FE 26(4)(a)(ii) New Zealand; and New Zealand; or iii: not resident in New Zealand but deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and . 7: After section FE 26(4) Top tier New Zealand resident company for excess debt outbound company 4B: If subsection (2) does not apply, and the excess debt entity is an excess debt outbound company, the entity’s New Zealand parent is the company ( company C a: company C— i: is resident in New Zealand; and ii: has an ownership interest of 50% or more in the entity; and b: no company that meets the requirements of paragraph (a)(i) and (ii) has a direct ownership interest in company C. 8: Section FE 26(6) 6: If subsection (2) does not apply, and no company meets the requirements of subsection (3), (4), or (4B), the excess debt entity is treated as the New Zealand parent. 9: Section FE 26(7) 7: In subsections (3) to (4B), ownership interests are determined under sections FE 38 to FE 41, but for the purpose of identifying a New Zealand parent, the ownership interests of an associated person are ignored. 10: In section FE 26 double tax agreement excess debt outbound company source in New Zealand 11: Subsections (1) to (9) 221: Section FE 28 replaced 1: Section FE 28 FE 28: Identifying members of New Zealand group New Zealand parent's group 1: A New Zealand group is made up of an excess debt entity, the entity's New Zealand parent, and a company— a: that is— i: resident in New Zealand: ii: carrying on a business in New Zealand through a fixed establishment in New Zealand: iii: deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and b: that is identified under section FE 27 as being under the control of the New Zealand parent; and c: that is not a member of the New Zealand banking group of a registered bank. Special rule for some entity's group 2: Despite subsection (1), if the excess debt entity is not an excess debt outbound company and is not a company identified under section FE 27 as being under the control of the New Zealand parent because the threshold is not met, the New Zealand group is made up of the entity and a company— a: that is— i: resident in New Zealand: ii: carrying on a business in New Zealand through a fixed establishment in New Zealand: iii: deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and b: that is a company that— i: would be identified under section FE 27 as being under the control of the entity if the entity were treated as the New Zealand parent; or ii: if the entity is identified under section FE 27 as being under the control of another company ( company A iii: would be identified under section FE 27 as under the control of a company ( company B iv: is not a member of the New Zealand banking group of a registered bank. Another special rule for some other entity’s group 3: Despite subsection (1), if the excess debt entity is an excess debt outbound company and is not a company identified under section FE 27 as being under the control of the New Zealand parent because the threshold is not met, the entity is included in the New Zealand group for the New Zealand parent if— a: the entity is a company that meets the requirements of subsection (1)(a) and (c); and b: a member of the New Zealand group has a 50% or more ownership interest in the entity. Defined in this Act: business, company, control, double tax agreement, excess debt entity, excess debt outbound company, fixed establishment, New Zealand, New Zealand banking group, registered bank, resident in New Zealand, source in New Zealand . 2: Subsection (1) 222: Section FE 29 replaced 1: Section FE 29 FE 29: Combining New Zealand groups owned by natural persons and trustees When this section applies 1: This section applies when a natural person or trustee described in section FE 2(1)(g) has–– a: a 50% or more ownership interest in a member of a New Zealand group ( group 1 b: a 50% or more ownership interest in a member of a different New Zealand group ( group 2 Groups combine 2: Group 1 and group 2 combine into 1 New Zealand group. Defined in this Act: excess debt outbound company, New Zealand . 2: Subsection (1) 223: Ownership interests in companies outside New Zealand group 1: Section FE 30(1)(b) and (c) b: a particular excess debt entity ( company A c: company A is— i: resident in New Zealand: ii: carrying on business in New Zealand through a fixed establishment in New Zealand: iii: deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and . 2: Section FE 30(3)(b) b: company B is— i: resident in New Zealand: ii: carrying on business in New Zealand through a fixed establishment in New Zealand: iii: deriving income that has a source in New Zealand and for which relief from New Zealand tax under a double tax agreement is unavailable; and . 3: In section FE 30 double tax agreement excess debt outbound company source in New Zealand 4: Subsections (1) and (2) 224: Worldwide group for corporate excess debt entity 1: The heading to section FE 31 Worldwide group for corporate excess debt entity if not excess debt outbound company 2: In section FE 31(1) 1: For an income year, for an excess debt entity that is a company and is not an excess debt outbound company, a worldwide group is made up of— a: the entity; and . 3: In section FE 31 excess debt outbound company 4: Subsections (1) and (2) 225: New sections FE 31B and FE 31C inserted 1: After section FE 31 FE 31B: Worldwide group for excess debt outbound companies Members of worldwide group 1: For an income year, a worldwide group for an excess debt outbound company is made up of— a: the company; and b: the company’s New Zealand group for the income year; and c: the company’s worldwide GAAP group, as described in subsection (2). Worldwide GAAP group 2: An excess debt outbound company’s worldwide GAAP group is made up of all non-residents who are required to be included with the company in consolidated financial statements under generally accepted accounting practice. Defined in this Act: excess debt outbound company, generally accepted accounting practice, income year, non-resident FE 31C: CFCs in worldwide group for natural persons or trustees described in section FE 2(1)(g) When this section applies 1: This section applies when a natural person or trustee described in section FE 2(1)(g) has— a: a 50% or more ownership interest in an excess debt outbound company that is a member of a worldwide group ( worldwide group A b: an income interest in a CFC that is not part of the worldwide group A. Transfer 2: The CFC is part of the worldwide group A. Ownership interests 3: For the purposes of this section, ownership interests are determined under sections FE 38 to FE 41. Defined in this Act: CFC, excess debt outbound company, income interest, New Zealand, non-resident . 2: Subsection (1) 226: Section FE 32 replaced 1: Section FE 32 FE 32: Joint venture parties What this section applies to 1: This section applies to a company (the joint venture company FE 31B a: a person (the excluded joint venturer b: 1 other person (the included joint venturer c: but for the application of this section, the worldwide group includes every person who holds both an ownership interest equal to 50% in the joint venture company and–– i: who has an ownership interest in the included joint venturer; or ii: in whom the included joint venture company has an ownership interest. Exclusion of excluded joint venturer 2: The joint venture company may choose to exclude the excluded joint venturer from its worldwide group for an income year, despite sections FE 31 and FE 31B Ownership interests 3: For the purposes of this section, ownership interests are determined under sections FE 38 to FE 41. Defined in this Act: company, excess debt entity, income year . 2: Subsection (1) 227: Identifying members of New Zealand banking group 1: Section FE 36(3) 3: A resident person is included in the banking group if— a: the person is part of the same group of companies as the registered bank: b: the following conditions under generally accepted accounting practice are met: i: for a resident registered bank with no non-resident ultimate parent, the consolidated group accounts include both the person and the registered bank, or would include both but for relevant materiality thresholds; or ii: for a non-resident registered bank with no non-resident ultimate parent, the consolidated group accounts would include the person and the registered bank if the bank were resident in New Zealand and the relevant materiality thresholds were met. 2: In section FE 36(4)(a) ultimate parent; and ultimate parent: 3: In section FE 36(5)(a) ultimate parent; and ultimate parent: 4: In section FE 36(6)(a) ultimate parent; and ultimate parent: 5: Subsections (1) to (4) apply for the 2008–09 and later income years. 228: Subpart FF repealed 1: Subpart FF 2: Subsection (1) 229: Consolidation rules 1: Section FM 2(2)(g) g: section 74 of the Tax Administration Act 1994. 2: Subsection (1) 230: Some general rules for treatment of consolidated groups 1: Section FM 6(3)(b) 2: Section FM 6(3)(c) c: sections FM 8(3)(c), FM 27 to FM 30, GB 38, GB 40, and OP 3 to OP 50 (which relate to dividends and consolidated groups): . 3: Section FM 6(3)(e) e: section 74 of the Tax Administration Act 1994. 4: In section FM 6(5) YA 2(2)(e) YA 2(7) 5: Section FM 6(5) Balance of imputation credit account 5: Sections OA 3 (General rules for maintaining memorandum accounts) and YA 2(7) (Meaning of income tax varied) apply for the purposes of section GB 38, subpart OP, and section 74 of the Tax Administration Act 1994 as if the references to the imputation rules were references to sections OP 3 to OP 50. 6: In section FM 6 FDP account FDP rules 7: Subsections (1) to (3) and (5) 231: Heading and sections FM 24 to FM 26 repealed 1: Sections FM 24 to FM 26 2: Subsection (1) 232: Eligibility rules 1: Section FM 31(1) 1: A company is eligible to form, join, and continue as part of a consolidated group at a particular time if, at the time,— a: it is resident in New Zealand; and b: it is not a foreign company; and c: it is not a company that derives only exempt income, except exempt income under sections CW 9 to CW 11 (which relate to income from equity); and d: it is incorporated in New Zealand or carrying on a business in New Zealand through a fixed establishment; and e: it is not, by the law of another country or territory, liable to income tax in that country or territory through domicile, residence, or place of incorporation; and f: when subsection (2) or (4) applies, it meets the relevant conditions; and g: subsections (5) and (6) do not apply to it. 2: Section FM 31(3) 3: The requirements of subsection (1)(d) and (e) do not apply to determine whether a grandparented consolidated company— a: is eligible to form or join a consolidated group: b: continues as part of the consolidated group. 3: In section FM 31 income tax 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 233: Imputation rules In section FN 2(i) YA 2(2)(d) YA 2(7)(b) 234: Trans-Tasman imputation groups and resident imputation subgroups 1: Section FN 8(2) 2: A company in a trans-Tasman imputation group that is not an Australian ICA company is treated as a resident imputation subgroup of the trans-Tasman imputation group and is associated with that group. 2: Section FN 8(3) Single company 3: A resident imputation subgroup continues while a company in the trans-Tasman imputation group that is not an Australian ICA company remains in existence. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 235: Amortising property 1: After section FO 16(1) Treatment of amalgamating company 1B: The amalgamating company is treated as neither deriving income nor having a deduction under sections EE 24 to EE 53 (which relate to disposals of depreciable property) as a result of the deemed disposal. 2: Subsection (1) applies for the 2008–09 and later income years. 236: Treatment of interest payable under debentures issued before certain date In section FZ 1(3) Despite section FA 2(3)(c), section Section 237: New sections GB 15B and GB 15C inserted 1: After section GB 15 GB 15B: Supplies affecting default test for non-attributing active CFC When this section applies 1: This section applies when a CFC makes a supply— a: to a person who would not meet the requirements of section EX 21D(1)(a) to (c) (Non-attributing active CFC: default test) for the person to be a member of a test group, under that section, with the CFC; and b: with the purpose of increasing the amount given by the denominator in the formula in section EX 21D(4) for the CFC. Income from supply included in gross adjustment 2: The income from the supply is included in the item gross adjustments Defined in this Act: CFC GB 15C: Arrangements related to accounting test for non-attributing active CFC When this section applies 1: This section applies when a person (the party CFC not non-attributing active CFC 2: The CFC is not a non-attributing active CFC. Person not non-attributing active CFC if type of financial arrangement involved 3: A party who is a CFC associated with the CFC is not a non-attributing active CFC if— a: the arrangement involves a financial arrangement producing a foreign exchange loss for the CFC; and b: the foreign exchange loss decreases for the CFC the amount of the numerator in the formula in section EX 21E(5). Defined in this Act: arrangement, associated, CFC, financial arrangement, loss, non-attributing active CFC . 2: Subsection (1) 238: Attribution rule for income from personal services 1: In section GB 27(2)(c) $60,000 $70,000 2: In section GB 27(3)(d) entity. entity: e: if the associated entity is a CFC and the amount— i: is an attributable CFC amount for the CFC under section EX 20B(3)(h) (Attributable CFC amount): ii: gives rise to attributed CFC income under section CQ 2(2B) (When attributed CFC income arises) or attributed CFC loss under section DN 2(2) (When attributed CFC loss arises). 3: In section GB 27 attributable CFC amount attributed CFC income attributed CFC loss CFC 4: Subsection (1) applies for the 2008–09 and later income years. 5: Subsection (2) 239: Interpretation of terms used in section GB 27 1: Section GB 28(2) 2: A person is treated as being associated with another person if the person would be treated as associated under the parts of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 provisions, at the time the services are personally performed by the working person. 2: Section GB 28(2) 2: A person is treated as being associated with another person if they are associated at the time the services are personally performed by the working person. 3: Subsection (2) applies for the 2010–11 and later income years. 240: Section GB 39 repealed 1: Section GB 39 2: Subsection (1) 241: Arrangements involving money not at risk In section GB 45(3) acceptable property CE 1(d) CE 1(1)(d) 242: Defined terms for sections GB 45 and GB 46 1: Section GB 48(1)(b) b: the persons are associated under the parts of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions. 2: Section GB 48(1)(b) b: the persons are associated persons. 3: In section GB 48(3)(d) and (e) under subpart YB 4: Subsections (2) and (3) apply for the 2010–11 and later income years. 243: Disposals of trading stock at below market value 1: In section GC 1(4)(c) share user. share user: d: in the surrender of an emissions unit under the Climate Change Response Act 2002. 2: In section GC 1 a: qualifying event b: emissions unit surrender 244: Section GC 4B repealed Section GC 4B 245: Leases for inadequate rent 1: In section GC 5(5) related company related company . 2: Subsection (1) applies for the 2010–11 and later income years. 246: Insufficient amount receivable by person 1: Section GC 8(1)(b) 2: Subsection (1) 247: Compensating arrangement: person receiving more than arm's length amount 1: Section GC 10(2)(b) 2: Subsection (1) 248: Requests for matching treatment 1: Section GC 11(2)(b) b: including, when the other party is a CFC, the calculation of net attributable CFC income or net attributable CFC loss in relation to the other party, and the resultant calculation of the attributed CFC income or an attributed CFC loss or attributed CFC net loss of a person. 2: In section GC 11 a: branch equivalent income branch equivalent loss b: net attributable CFC income net attributable CFC loss 3: Subsection (1) 249: Section GC 12 replaced 1: Section GC 12 GC 12: Effect on person's withholding obligations An adjustment under any of sections GC 7 to GC 10 has no effect on an obligation of the taxpayer to withhold under Part R (General collection rules) in relation to the amount other than to the extent to which section GC 11(2) applies. Defined in this Act: amount . 2: Subsection (1) 250: New section GZ 2 inserted 1: After section GZ 1 GZ 2: Arrangements involving cancellation of conduit tax relief credits What this section applies to 1: This section applies to a company with a CTRA that enters an arrangement if— a: the arrangement involves transactions— i: undertaken between 4 December 2007 and the beginning of the first affected income year; and ii: giving rise to CTR credits in the CTRA; and b: a purpose of the arrangement is to produce for a New Zealand resident, other than the company with the CTRA or a CTR holding company for that company, a benefit— i: under a taxation law; and ii: relating to the CTR credits. Income tax liability 2: The company's income tax liability for the income year of the arrangement is increased by the amount of CTR credits referred to in subsection (1)(a)(ii). Defined in this Act: amount, arrangement, company, CTR credit, CTR holding company, CTRA, income year, New Zealand resident, taxation law . 2: Subsection (1) 251: Shareholding requirements 1: After section HA 7(3) Shareholder continuity requirements 4: For the application of shareholder continuity requirements to the memorandum accounts of qualifying companies, see 2: In section HA 7 memorandum account 3: Subsection (1) applies for the 2008–09 and later income years. 252: New section HA 8B inserted 1: After section HA 8 HA 8B: No CFC income interests or FIF direct income interests of 10% or more A qualifying company must not have— a: income interests in a CFC: b: attributing interests in a FIF that are a direct income interest of 10% or more. Defined in this Act: attributing interest, CFC, direct income interest, FIF, income interest, qualifying company . 2: Subsection (1) 253: Limit on foreign non-dividend income 1: In section HA 9(2) order in Council Order in Council 2: Subsection (1) applies for the 2008–09 and later income years. 254: When requirements no longer met 1: Section HA 11(5) 5: Despite subsection (1), a company's status as a qualifying company is not ended merely because it does not comply with section HA 7(2) when— a: all dividends that can, under general law, be distributed by the trustee are beneficiary income of a beneficiary other than— i: a trustee beneficiary; or ii: a beneficiary that is a company other than a qualifying company; and b: some of the dividends derived by the trustee from the qualifying company have vested or have been distributed as beneficiary income of a beneficiary other than— i: a trustee beneficiary; or ii: a beneficiary that is a company other than a qualifying company. 2: Subsection (1) applies for the 2008–09 and later income years. 255: Dividends paid by qualifying companies 1: In section HA 14(2) under section HA 15 2: In section HA 14 fully imputed 256: Fully imputed distributions 1: In section HA 15(1) This section applies when a qualifying company with an imputation credit account or foreign dividend payment (FDP) account pays a dividend. 2: Section HA 15(9) Relationship with sections HA 14 and HA 16 9: If part of the dividend is exempt income under sections HA 14 and HA 16, an imputation credit or FDP credit is treated as attached to the part that is not exempt income. 3: Subsection (1) applies for the 2008–09 and later income years. 257: Section HA 16 replaced 1: Section HA 16 HA 16: Dividends paid by qualifying companies to trustee shareholders When this section applies 1: This section applies when a dividend referred to in section HA 14(2) is derived by a trustee to the extent to which the dividend is exempt income of the trustee under section CW 15(1) (Dividends paid by qualifying companies). Exempt income 2: To the extent to which the dividend is also beneficiary income of a beneficiary resident in New Zealand, the dividend is exempt income of the beneficiary under section CW 15(2). Defined in this Act: dividend, exempt income, resident in New Zealand, trustee . 2: Subsection (1) applies for the 2008–09 and later income years. 258: Credit accounts and dividend statements 1: Section HA 19(1) 1: This section applies when a qualifying company pays a dividend that is treated either as a fully imputed distribution under section HA 15 or as exempt income under sections HA 14 and HA 16. 2: In section HA 19 fully imputed 259: Calculating qualifying company election tax 1: In section HA 41(4)(c) relevant date: relevant date. 2: Section HA 41(8)(c) c: if the company pays income tax with a purpose or intention of reducing the amount of election tax, the amount of credit in the imputation credit account is reduced by the amount of the credit arising from the company's action, unless that purpose is merely incidental. 3: In section HA 41 FDP 4: Subsections (1) and (2) 260: Corpus of trust 1: Section HC 4(5)(b) 2: Section HC 4(5)(c) c: it would fall under paragraph (a) if the settlor were resident in New Zealand at the time of the settlement. 3: In section HC 4 FDP 4: Subsections (1) and (2) 261: Trustee income 1: In section HC 7(2) section HC 33 section HC 35 2: Subsection (1) applies for the 2008–09 and later income years. 262: Taxable distributions from non-complying and foreign trusts 1: Section HC 15(5)(a)(ii) ii: a capital gain derived by the trustee through a transaction or series of transactions between the trustee and a person associated with them under the parts of subpart YB (Associated persons and nominees) that apply for the purposes of the whole Act (excluding the 1973, 1988, and 1990 version provisions) or the 1988 version provisions: . 2: Section HC 15(5)(a)(ii) ii: a capital gain derived by the trustee through a transaction or series of transactions between the trustee and a person associated with them: . 3: Subsection (2) applies for the 2010–11 and later income years. 263: Distributions from community trusts 1: In section HC 21(3) if the person receives the amount as beneficiary of the trust 2: Subsection (1) applies for the 2008–09 and later income years. 264: Who is a settlor? 1: Section HC 27(1)(e) e: subpart YB (Associated persons and nominees) as modified by section YB 10 (Who is a settlor?). 2: Section HC 27(3) 3: Despite subsection (2), a person resident in New Zealand who makes a settlement on a trust as an employer for the benefit of 1 or more employees is not a settlor of the trust if the following circumstances apply: a: the trust is established or created mainly to provide retirement benefits to natural persons; and b: the trust is neither a foreign superannuation scheme nor a superannuation fund. 3: Subsection (1) applies, for the purposes of— a: provisions other than the land provisions, for the 2010–11 and later income years: b: the land provisions other than section CB 11, for land acquired on or after the date on which this Act receives the Royal assent: c: section CB 11, for land on which improvements are begun on or after the date on which this Act receives the Royal assent. 4: Subsection (2) applies for the 2008–09 and later income years. 265: Liability of trustee as agent 1: In section HC 32(2) a beneficiary of a community trust a person who derives an amount from a community trust 2: Subsection (1) applies for the 2008–09 and later income years. 266: Beneficiary income of minors 1: In section HC 35(4)(a) less than $1,000 $1,000 or less 2: Subsection (1) applies for the 2008–09 and later income years. 267: Trusts and minor beneficiary rule 1: In section HC 36(5) associated person person associated associated person person associated . 2: In section HC 36(5) relative paragraph (c) paragraph (a) 3: Subsections (1) and (2) apply for the 2010–11 and later income years. 268: Companies issuing debentures 1: Section HD 14(2)(a) a: it is a profit-related debenture or substituting debenture to which section FA 2 (Recharacterisation of certain debentures) applies or a stapled debt security to which section FA 2B (Stapled debt securities) applies; or . 2: In section HD 14 stapled debt security 269: General provisions relating to disposals 1: In section HG 3(2) if they choose that those sections do not apply by the small partnership furnishing a joint return of income that ignores the sections if the entering partner, the exiting partner, and the partnership, furnish returns of income that ignore the sections 2: Section HG 3(3) Election in for specified livestock disposed of to entering partner 3: Section HG 10 applies for an entering partner if the entering partner furnishes a return of income that applies the section. 3: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 270: Section HG 4 replaced 1: Section HG 4 HG 4: Disposal upon final dissolution When this section applies 1: This section applies when a partnership is finally dissolved by agreement of the partners, court order, or otherwise, and the partnership's business ignoring section HG 2 will not continue to be carried on in partnership. Disposal and re-acquisition 2: A partner of the partnership is treated as disposing of all of their partner's interests in the partnership, immediately before the dissolution, to a single third party for a payment equal to the interests' market value. The partner is treated as re-acquiring all of their partner's interests immediately after the dissolution, from the third party for a payment equal to the interests' market value. Receipt upon dissolution 3: Anything received by a partner in relation to the final dissolution of the partnership is ignored. Exclusion: actual disposal to third party 4: This section does not apply to the extent to which a partner of the partnership disposes of their partner's interests in the partnership to persons who are not associated with them. For the purposes of testing association, the partners' partnership capacity is ignored. Exclusion: partnerships of persons in marriage, civil union, or de facto relationships 5: This section does not apply if–– a: immediately before the dissolution, there are only 2 partners of the partnership and they are married to each other, in a civil union together, or in a de facto relationship together; and b: the dissolution is caused by death of a partner, or the dissolution relates to the settlement of relationship property; and c: on dissolution, all partner's interests of 1 person are transferred, ignoring any intervening transfer to an executor or administrator, to the other person; and d: the transfers of those partner's interests are subject to provisions in subpart FB or FC (which relate to transfers of relationship property and gifts), and those provisions treat the transfers as disposals for amounts that are not the interests' market values. Relationship with subject matter 6: This section overrides sections HG 5 to HG 10. Defined in this Act: amount, associated person, dispose, partner, partner's interests, partnership, settlement of relationship property . 2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 271: Disposal of partner's interests 1: Section HG 5(2)(c) c: gross tax value i: the value under this Act of the current interests and other interests at the time the relevant interest is disposed of, to the extent to which the interests are revenue account property or depreciable property, or financial arrangments: ii: the market value of the current interests and other interests at the time the relevant interest is disposed of, to the extent to which the interests are not revenue account property or depreciable property or financial arrangements: . 2: In section HG 5(7) if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 if section HG 3(2) applies 3: In section HG 5 depreciable property financial arrangement revenue account property 4: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 272: Disposal of trading stock 1: In section HG 6(6) if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 if section HG 3(2) applies 2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 273: Disposal of depreciable property 1: In section HG 7(6) if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 if section HG 3(2) applies 2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 274: Disposal of financial arrangements and certain excepted financial arrangements 1: In section HG 8(6) if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 if section HG 3(2) applies 2: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 275: Disposal of short-term agreements for the sale and purchase of property or services 1: In section HG 9 a: in the heading to section HG 9, short-term agreements for the sale and purchase of property or services short-term agreements for sale and purchase b: in subsection (1), short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase c: in subsection (2), short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase d: in subsection (3), short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase e: in subsection (4), short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase f: in subsection (5), short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase 2: In section HG 9(6) if they choose that it does not apply, by the small partnership furnishing a joint return of income that ignores sections HG 5 to HG 9 if section HG 3(2) applies 3: In section HG 9 short-term agreement for the sale and purchase of property or services short-term agreement for sale and purchase 4: For a person who is not a limited partner of a limited partnership registered under the Limited Partnerships Act 2008 276: Section HG 10 replaced 1: Section HG 10 HG 10: Disposal of livestock When this section applies 1: This section applies when a person disposes of some or all of their partner's interests to an entering partner and section HG 3(3) a: the national standard cost scheme for specified livestock, described in section EC 22 (National standard cost scheme); or b: the cost price method for specified livestock, described in EC 25 (Cost price, replacement price, or market value). Entering partner's cost base 2: Section EC 26B (Entering partners' cost base) may apply to the entering partner for the purposes of determining the value of the specified livestock at the end of an income year for the purposes of section EC 2 (Valuation of livestock). Defined in this Act: amount, cost price, dispose, income year, national standard cost scheme, partner, partner's interest, specified livestock . 2: Subsection (1) applies for the 2009–10 and later income years. 277: Limitation on deductions by partners in limited partnerships In section HG 11(8)(b) under section HG 2 278: Scheme of subpart 1: Section HL 2(2)(b)(i) i: a company listed on a recognised exchange in New Zealand or an unlisted company choosing to become a portfolio listed company under section HL 12; and . 2: After section HL 2(2) Portfolio listed company choosing to be portfolio tax rate entity 2B: An entity that chooses to become a portfolio listed company as described in subsection (2)(b) may choose to become a portfolio tax rate entity as described in subsection (2)(a). 279: Eligibility requirements for entities 1: Section HL 3(9) 9: The business requirement is that the entity must not carry on a business of life insurance. This requirement does not apply to a portfolio investment-linked life fund. 2: In section HL 3 HL 14(1) HL 15(1) 280: Effect of failure to meet eligibility requirements for entities 1: Section HL 4(1)(a) a: referred to in sections HL 2(2) and HL 3; and . 2: Section HL 4(2)(a) a: the portfolio investor class of the entity fails to meet a requirement under section HL 6 or HL 9 on the last day of a quarter— i: beginning 6 months or more after the date on which the portfolio investor class is formed; and ii: ending more than 3 months before an announcement by the entity to its investors that the portfolio investor class is winding up within 12 months of the announcement; and ab: the entity fails to meet a requirement under section HL 10 on the last day of a quarter— i: beginning 6 months or more after the date on which the entity becomes a portfolio investment entity; and ii: ending more than 3 months before an announcement by the entity to its investors that the entity is winding up within 12 months of the announcement; and . 3: In section HL 4(2)(b)(ii) paragraph (a)(ii) paragraphs (a)(ii) and (ab)(ii) 281: Meaning of investor and portfolio investor class 1: In section HL 5B(1)(a) and paragraph (d) does not apply 2: In section HL 5B(1)(b) paragraphs (c) and (d) do not apply paragraph (c) does not apply 3: In section HL 5B(1)(c) and paragraph (d) does not apply 4: Section HL 5B(1)(d) 282: Investor membership requirement 1: Section HL 6(1)(a) a: 20 persons, treating all interests held by associated persons and included by subsection (4) as being held by 1 person: . 2: After section HL 6(1)(i) ib: Auckland Regional Holdings: ic: a community trust: . 3: In section HL 6(1)(j)(iii) entity: entity. 4: Section HL 6(3) No investor membership requirement for public unit trusts 3: There is no investor membership requirement for a portfolio investor class that, if treated as a unit trust, would meet the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust No investor membership requirement for certain superannuation funds and others 3B: There is no investor membership requirement for a portfolio investor class that is, or includes an investor that is— a: a superannuation fund established under the proposal for the restructuring of the National Provident Fund required by the National Provident Fund Restructuring Act 1990: b: the fund established by the Government Superannuation Fund Act 1956: c: a superannuation fund that— i: existed before 17 May 2006; and ii: on or after 17 May 2006, if treated as a unit trust, would have met the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust iii: has no investor, other than the fund's manager or trustee, that can control the investment decisions relating to that class: d: a public unit trust. 5: Section HL 6(4)(a) and (b) a: the investor is not listed in subsection (1)(b) to (ib); and b: the associated person is not listed in subsection (1)(b) to (ib); and . 6: Subsection (2) 283: Investor return adjustment requirement: portfolio tax rate entity After section HL 7(4) Extending time limits 5: On application by a portfolio tax rate entity, the Commissioner may extend a time limit imposed under subsection (3)(a) if it is reasonable in the circumstances. 284: Investor interest size requirement 1: Section HL 9(2) No investor interest size requirement for public unit trusts 2: There is no investor membership requirement for a portfolio investor class that, if treated as a unit trust, would meet the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust 2: Section HL 9(4) 4: An investor may hold a portfolio investor interest in a portfolio investor class that would otherwise breach the investor interest size requirement for the entity if the investor or the class is— a: a portfolio investment entity: b: a foreign investment vehicle: c: an entity that— i: meets the requirements of section HL 3 that would be relevant if the entity were choosing to become a portfolio investment entity; and ii: has not chosen to become a portfolio investment entity: d: a life insurer: e: the New Zealand Superannuation Fund: f: a superannuation fund established under the proposal for the restructuring of the National Provident Fund required by the National Provident Fund Restructuring Act 1990: g: the fund established by the Government Superannuation Fund Act 1956: h: a superannuation fund that— i: existed before 17 May 2006; and ii: on or after 17 May 2006, if treated as a unit trust, would have met the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust iii: has no investor, other than the fund's manager or trustee, that can control the investment decisions relating to that class: i: a public unit trust: j: the Accident Compensation Corporation: k: a Crown entity subsidiary of the Accident Compensation Corporation: l: the Earthquake Commission: m: Auckland Regional Holdings: n: a portfolio investor class of less than 20 persons, treating all interests held by associated persons and included by subsection (6) as being held by 1 person, if— i: the entity has 1 or more other portfolio investor classes that meet the requirements of section HL 6(1)(a); and ii: no investor in the class, other than the entity's manager or trustee, can control the investment decisions relating to that class; and iii: investors for which the entity would not meet the investor membership requirement in the absence of this paragraph have portfolio investor interests with a total value of less than 10% of the total value of portfolio investor interests in the entity: o: a person who meets the requirements of subsection (5). 3: Section HL 9(4)(o) o: a community trust: p: a person who meets the requirements of subsection (5). 4: In section HL 9(5) subsection (4)(a) to (h) subsection (4)(a) to (n) 5: In section HL 9(5) subsection (4)(a) to (n) subsection (4)(a) to (o) 6: Section HL 9(6)(a) and (b) a: the investor is not listed in subsection (4)(a) to (n); and b: the associated person is not listed in subsection (4)(a) to (n); and . 7: Section HL 9(6)(a) and (b) a: the investor is not listed in subsection (4)(a) to (o); and b: the associated person is not listed in subsection (4)(a) to (o); and . 8: Subsections (3), (5), and (7) apply for the 2009–10 and later income years. 285: Further eligibility requirements relating to investments Section HL 10(2)(b)(iii) iii: an amount of income from a lease of land, but this subparagraph does not apply if the lessee under the lease is associated with the entity deriving the amount: . 286: Unlisted company choosing to become portfolio listed company In section HL 12(1)(a) 100 shareholders at least 100 shareholders 287: Becoming portfolio investment entity Section HL 13(1)(b) b: the entity, if treated as becoming a portfolio investment entity when the election would be effective, would cease under section HL 4 to be eligible through a failure to meet 1 or more of the requirements in section HL 6, HL 9, or HL 10 in each quarter of the 12-month period. 288: Treatment of income from interest when entitlement conditional or lacking 1: After section HL 17(2) Relationship with section CS 1 3: For the purposes of subsection (1), if a superannuation fund that has chosen to become a portfolio tax rate entity derives income under section CS 1 (Withdrawals), the income is treated as income in which no investor has a portfolio investor interest. 2: Subsection (1) applies for the 2008–09 and later income years. 289: Portfolio class taxable income and portfolio class taxable loss for portfolio allocation period In section HL 20(3) class net income – class net loss – other loss used. 290: Credits received by portfolio tax rate entity or portfolio investor proxy 1: In section HL 29(6)(a)(ii) HL 21 HL 22 2: In section HL 29(7) 7: The investor is treated as receiving for the allocated credits, for the tax year corresponding to the investor's income year or, in the case of an investor having a portfolio investor exit period, for the quarter to which the portfolio investor exit period relates,— . 3: In section HL 29(11)(a)(i) late later 4: Subsections (1) and (3) apply for the 2008–09 and later income years. 291: Portfolio entity formation loss In section HL 30(7)(c) schedule 1, part A, clause 5 schedule 1, part A, clause 2 292: Subpart HL replaced by subpart HM 1: Subpart HL Subpart HM—Portfolio investment entities Introductory provisions HM 1: Outline of subpart and relationship with other Parts Subpart HM 1: This subpart sets out— a: the entry and exit rules for portfolio investment entities, see b: who an investor is, and what an investor class is, see c: what a multi-rate PIE must do in relation to its investors and its investments, see d: the treatment of losses by PIEs, see e: how an entity makes an election to become a PIE, and the consequences of making the election, see Relationship with Parts C and D 2: The following sections apply to portfolio investment entities: a: section CB 26 b: section CP 1 c: section CX 55 (Proceeds from disposal of investment shares): d: section CX 56 (Attributed income of certain investors in multi-rate PIEs): e: section CX 56B (Distributions to investors in multi-rate PIEs): f: section CX 56C (Distributions to investors by listed PIEs): g: section CX 57 (Credits for investment fees): h: section DB 53 (Attributed PIE losses of certain investors): i: section DB 54 (Treatment of credits for investment fees): j: sections DV 2, DV 4, and DV 5 (which relate to transfers of expenditure to a master superannuation fund that is a PIE). Relationship with subpart LS 3: Subpart LS (Tax credits for multi-rate PIEs and investors) contains the rules relating to the amount and use of a tax credit arising under this subpart. Defined in this Act: amount, investor, investor class, multi-rate PIE, PIE, portfolio investment entity, tax credit 2007 No 97 ss HL 1, HL 2 HM 2: What is a portfolio investment entity? Meaning 1: A portfolio investment entity (a PIE a: makes investments on behalf of 1 or more investors in the entity or in an investor class of the entity; and b: meets and maintains the requirements for PIE status; and c: chooses to become a PIE by notifying the Commissioner. PIE types 2: An entity that chooses to become a PIE must be 1 of the following types of entity: a: a multi-rate PIE: b: a listed PIE: c: a benefit fund PIE: d: a life fund PIE. Listed PIEs becoming multi-rate PIEs 3: Despite subsection (2), an entity that chooses to become a listed PIE may choose to become a multi-rate PIE if it meets the requirements of the entry rules set out in sections HM 7 to HM 30. Defined in this Act: benefit fund PIE, Commissioner, company, investor, investor class, life fund PIE, listed PIE, multi-rate PIE, notify, PIE, portfolio investment entity 2007 No 97 s YA 1 portfolio investment entity HM 3: Foreign PIE equivalents A foreign PIE equivalent a: is not resident in New Zealand; and b: is— i: a company: ii: a superannuation scheme: iii: the trustee of a trust that would be a unit trust if it had more than 1 subscriber, purchaser, or contributor participating as beneficiaries under the trust; and c: meets the requirements relating to investment types, income sources, and maximum shareholding in investments in sections HM 11 to HM 13; and d: has investors that would qualify as an investor class under section HM 14 taking into account the limitations under sections HM 21(1) and HM 22; and e: meets the requirements relating to investors' interests in section HM 15 applying the exceptions set out in sections HM 21(2) to (4) and HM 22. Defined in this Act: company, investor, investor class, investor interest, resident in New Zealand, superannuation scheme, trustee, unit trust 2007 No 97 s HL 5(1) HM 4: Who is an investor? An investor a: for an entity that is a company, a shareholder in a company: b: for a life fund PIE, a person whose benefits under the relevant life insurance policy are directly linked to the value of investments held in the PIE: c: for an entity that is not a company or a life fund PIE, a person who is entitled to a proportion of the funds available for distribution by the entity— i: under the rules of the entity or terms of the trust under which the entity is established; and ii: as if the entity were a company and the person were a shareholder in the company. Defined in this Act: company, foreign PIE equivalent, investor, life fund PIE, life insurance policy, PIE, share, shareholder 2007 No 97 s HL 5B(1) HM 5: What is an investor class? Meaning of investor class 1: An investor class Entitlement to distributions 2: Each investor in the group must have an entitlement to a distribution by the entity of proceeds from the entity's investments that means the requirements of subsections (3) and (4) are met. Same investments 3: The investments must be the same for all investors in the group. Similar proportionate entitlement 4: Each investor’s interest in the investment as a proportion of the value of their entitlement must not differ from the average value for the group and the investment by 2.5% or more unless— a: the investment is an arrangement under which the PIE is assured of receiving sufficient proceeds from the investments to repay each investor in the group an amount contributed to it: b: the excess in any difference between the proportion for the investor and the average value for the group arises from differences between the notified tax rates of those investors in the group. Defined in this Act: arrangement, investor, investor class, investor interest, notified tax rate, pay 2007 No 97 s HL 5B(2), (3) HM 6: Intended effects for multi-rate PIEs and investors Intended effects for entity 1: The intended effects for an entity that is using funds supplied by investors to make investments of certain types and that meets the requirements for multi-rate PIE status are that— a: in relation to proceeds of the investments that are attributed to investors who are natural persons or certain trustees or other persons, the PIE has a tax liability— i: calculated using a tax rate for each investor; and ii: resembling the total tax liability the group of investors would have if the investors were to make the investments separately: b: the PIE has no tax liability on proceeds of the investments that are attributed to other investors: c: the PIE allocates to each investor amounts resembling the amounts that the investor would receive, after allowing for the tax paid by the PIE if making the investment separately. Intended effects for investors 2: The intended effects for an investor in the multi-rate PIE are that— a: the investor has no tax liability on income arising from proceeds for which the PIE has a tax liability, unless the investor has given the PIE a rate that is lower than the correct rate: b: the investor is liable for tax on any assessable income arising from proceeds for which the PIE has a tax liability: c: the investor receives on the investment in the PIE an economic return that the investor would receive after payment of tax liabilities if personally making investments similar to those made by the PIE in which they have an investor interest. Defined in this Act: amount, assessable income, investor, investor interest, multi-rate PIE, pay, PIE, tax, trustee 2007 No 97 s HL 1(2)(a) Entry rules HM 7: Requirements For an entity to be a PIE, it must— a: meet the requirements of the entry rules in sections HM 8 to HM 10, HM 17, HM 18, and HM 20, as applicable; and b: be 1 of the types of entity referred to in section HM 2(2); and c: choose under section HM 71 to become a PIE; and d: maintain the requirements of the rules in sections HM 8 to HM 20, as applicable; and e: not lose PIE status under the exit rules in sections HM 24 to HM 30. Defined in this Act: PIE 2007 No 97 ss HL 2(2), HL 15(1), (2) Requirements HM 8: Residence in New Zealand The entity must be— a: resident in New Zealand; and b: not treated under a double tax agreement as not resident in New Zealand. Defined in this Act: double tax agreement, resident in New Zealand 2007 No 97 s HL 3(10) HM 9: Collective schemes The entity must be— a: a company: b: a superannuation scheme: c: the trustee of a trust that would be a unit trust if there were more than 1 subscriber, purchaser, or contributor participating as beneficiaries under the trust: d: a separate identifiable fund forming part of a life insurer that holds investments subject to life insurance policies under which benefits are directly linked to the value of the investments held in the fund. Defined in this Act: company, life insurance policy, life insurer, superannuation scheme, trustee, unit trust HM 10: Exclusion: life insurance business The entity must not carry on a business of life insurance unless it is a life fund PIE. Defined in this Act: life fund PIE, life insurance 2007 No 97 s HL 3(9) HM 11: Investment types The entity’s investments, to the extent of 90% or more by value of its assets, must be— a: an interest in land: b: a financial arrangement: c: an excepted financial arrangement: d: a right or option in relation to property listed in paragraphs (a) to (c). Defined in this Act: excepted financial arrangement, financial arrangement, land 2007 No 97 s HL 10(1) HM 12: Income sources Income derived by the entity, to the extent of 90% or more, must— a: be derived from property referred to in section HM 11; and b: consist of the following: i: a dividend: ii: a replacement payment: iii: an amount of income treated under subpart EW (Financial arrangements rules) as derived by the entity: iv: an amount of income derived from a lease of land, but this subparagraph does not apply if the lessee under the lease is associated with the entity receiving the amount: v: an amount derived from the disposal of property referred to in section HM 11: vi: FIF income: vii: attributed PIE income: viii: a distribution from a superannuation fund. Defined in this Act: amount, associated person, attributed PIE income, dividend, FIF income, income, land, lessee, replacement payment, superannuation fund 2007 No 97 s HL 10(2) HM 13: Maximum shareholdings in investments When this section applies 1: This section applies when an entity has an investment consisting of shares in a company other than shares in— a: a PIE, or an entity that qualifies for PIE status: b: a foreign PIE equivalent: c: a land investment company. Voting interests: companies other than unit trusts 2: The investment must carry voting interests in the company of no more than 20%. This subsection does not apply to a unit trust. Subsection (5) overrides this subsection. Investments in unit trusts 3: For an investment in a unit trust, the investment must have a market value no more than 20% of the market value of all interests in the unit trust. Subsection (5) overrides this subsection. Class requirements 4: For each investment and each investor class of the entity, the percentage thresholds set out in subsections (2) and (3) apply to the investment by the class in the same way as they apply to the investment by the entity. Subsection (5) overrides this subsection. Exception for limited non-complying investments 5: Despite subsections (2) to (4), the 20% cap in those subsections can be exceeded if the total market value of all investments where the cap is exceeded is not more than 10% of the market value of the total investments of the entity or investor class. Defined in this Act: company, foreign PIE equivalent, investor class, land investment company, market value, PIE, share, unit trust, voting interest 2007 No 97 s HL 10(3)–(5) HM 14: Minimum number of investors Requirement for entities other than listed companies 1: If the entity is not a company listed on a recognised exchange in New Zealand, each investor class must include 20 or more persons. Requirements for listed companies 2: If the entity is a company listed on a recognised exchange in New Zealand, it must have only 1 investor class of which each investor is a member. Each investor interest must be a share traded on the exchange. This subsection applies equally to an unlisted PIE that meets the requirements of section HM 18. Exceptions 3: Subsection (4) and sections HM 21(1) and HM 22 override subsection (1). Defined in this Act: company, investor, investor class, investor interest, listed company, listed PIE, New Zealand, recognised exchange, share 2007 No 97 s HL 6(1A), (1), (2), (4) HM 15: Maximum investors’ interests Requirement for investors' interests 1: An investor in an investor class must not hold more than 20% of the total interests of investors in the class. Exceptions 2: Sections HM 21(2) to (4), HM 22, and HM 22B override this section. Defined in this Act: investor, investor class 2007 No 97 s HL 9(1), (6) HM 16: Associates combined For the purposes of sections HM 14 and HM 15, if a person is associated with an investor, the person and the investor are treated as 1 person, but only if both the person and the investor hold an investor interest of 5% or more. Section HM 21(5) overrides this section. Defined in this Act: associated person, investor, investor interest 2007 No 97 s HL 9(6) HM 17: Same rights to all investment proceeds What this section does 1: This section is an additional entry rule for a PIE that is not a life fund PIE. Same rights in relation to proceeds of investments 2: All investor interests in the entity that give rights in relation to proceeds from a portfolio investment must give the same rights in relation to all types of proceeds from the investment. Category B income excluded 3: This section does not apply if the proceeds are category B income. Defined in this Act: category B income, investor interest, life fund PIE, PIE, portfolio investment 2007 No 97 s HL 5C HM 18: Requirements for listed PIEs: unlisted companies Choosing to become listed PIE 1: A company that is not listed on a recognised exchange in New Zealand may choose under section HM 71 to become a listed PIE if it— a: has 100 shareholders or more; and b: has resolved to become a company listed on a recognised exchange in New Zealand if it were to obtain the required consents; and c: has applied to the Securities Commission for an exemption to disclose in a prospectus its intention to become a listed company; and d: satisfies the Commissioner that the company would apply to become a listed company if it were to obtain the required consents. Two-year period 2: If the company is not listed within 2 years of the election, it loses PIE status from the last day of that period. Defined in this Act: Commissioner, company, listed company, listed PIE, New Zealand, PIE, recognised exchange, shareholder 2007 No 97 s HL 12 HM 19: Requirements for listed PIEs: fully crediting distributions What this section does 1: This section is an additional rule for an entity that is a listed PIE other than a life fund PIE. Fully crediting distributions 2: When a listed PIE distributes an amount to an investor in an investor class, the distribution must be fully credited as described in section CD 43(26) (Available subscribed capital (ASC) amount) to the extent permitted by the imputation credits or FDP credits that the directors of the company determine are available. Relationship with section CX 56C 3: For the treatment of imputation credits when a shareholder chooses to include the distribution as income in their return of income, see Defined in this Act: amount, company, director, FDP credit, imputation credit, income, investor, investor class, life fund PIE, listed PIE, return of income, shareholder 2007 No 97 s HL 8 HM 20: Re-entering as PIE: 5-year rule If an entity loses PIE status through the application of sections HM 24 to HM 29, it cannot choose to become a PIE again until 5 years have passed from the date of loss of status to the date on which a new election takes effect. Defined in this Act: PIE 2007 No 97 s HL 3(11) Exceptions HM 21: Exceptions for certain investors Investor classes 1: Section HM 14(1) does not apply to an investor class of an entity if the class includes at least 1 investor listed in schedule 29, part A (Portfolio investment entities: listed investors). Certain investors in non-listed PIEs 2: Section HM 15 does not apply in relation to an entity other than a listed PIE in the case of an investor listed in schedule 29, parts A and B. Certain investors in listed PIEs 3: Section HM 15 does not apply in relation to a listed PIE in the case of an investor listed in schedule 29, parts A and B that holds more than 20% but less than 40% of the total interests in the investor class. Transitional provision for investors in listed PIEs 4: Section HM 15 does not apply in the case of an investor in a listed PIE, other than an investor listed in schedule 29, parts A and B, that holds more than 20% but less than 40% of the total interests in the investor class and held more than 20% and less than 40% of the total interests at all times from 17 May 2006 to the relevant time. Not combined associates 5: Section HM 16 does not apply if either the associated person or the investor is an investor listed in schedule 29, parts A and B. Defined in this Act: associated person, investor, investor class, listed PIE, PIE 2007 No 97 ss HL 6(4), HL 9 HM 22: Exceptions for certain funds Public unit trust 1: Sections HM 14(1) and HM 15 do not apply to an investor class of a PIE if, treating the class as a unit trust, it would meet the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust Certain superannuation funds 2: Sections HM 14(1) and HM 15 do not apply in the case of an investor class of an entity that is a fund, trust, or class listed in schedule 29, part B (Portfolio investment entities: listed investors). Defined in this Act: investor class, PIE, public unit trust, unit trust 2007 No 97 ss HL 6(3), HL 9(2) HM 23: Exceptions for foreign PIE equivalents Investor classes and investors' interests 1: If an investor in a PIE is a foreign PIE equivalent,— a: the requirement for investor classes under section HM 14(1) is treated as met: b: no limitation on investors' interests under section HM 15 applies in the case of that investor. Shareholding in investments 2: If a PIE holds an investment in a foreign PIE equivalent, no maximum limit on shareholding in investments under section HM 13 applies to that investment. Defined in this Act: foreign PIE equivalent, investor, investor class, investor interest, PIE 2004 No 35 ss HL 9(4), HL 10(4) Exit rules HM 24: Ending of New Zealand residence An entity loses PIE status immediately if it is no longer resident in New Zealand. Defined in this Act: PIE, resident in New Zealand 2007 No 97 s HL 4(1) HM 25: When entity no longer meets investment or investor requirements Effect 1: An entity loses PIE status if,— a: on the last day of a quarter (the first quarter i: the entity no longer meets a requirement of sections HM 11 to HM 13; or ii: an investor class of the entity no longer meets a requirement of sections HM 13 to HM 15; and b: the failure to meet the requirements— i: is significant and is within the control of the entity: ii: is not remedied by the last day of the next quarter (the second quarter Date of loss of status 2: The date of loss of PIE status is— a: when subsection (1)(b)(i) applies, the last day of the first quarter: b: when subsection (1)(b)(i) does not apply, the last day of the second quarter. Transitional quarters disregarded 3: Subsection (1) does not apply if— a: the start of the first quarter would be within 6 months plus 1 day of the date on which the entity becomes a PIE, or the investor class is formed; or b: the first quarter ends more than 3 months before an announcement by the entity to its investors that it, or the relevant investor class, is winding up within 12 months of the announcement. Defined in this Act: investor class, PIE, quarter 2007 No 97 s HL 4(2) HM 26: Starting life insurance business An entity that is not a life fund PIE loses PIE status immediately if it starts to carry on the business of life insurance. Defined in this Act: business, life fund PIE, life insurance, PIE 2004 No 35 s HL 4(1) HM 27: When multi-rate PIE no longer meets investor interest adjustment requirements A multi-rate PIE loses PIE status immediately if it fails to meet a requirement of section HM 48. Defined in this Act: investor interest, multi-rate PIE, PIE 2004 No 35 s HL 4(1) HM 28: When listed PIE no longer meets crediting requirement A listed PIE loses PIE status immediately if it fails to meet the requirements of section HM 19. Defined in this Act: listed PIE, PIE 2004 No 35 s HL 4(1) HM 29: Choosing to cancel status An entity loses PIE status if it chooses to cancel PIE status by notifying the Commissioner under section 31B of the Tax Administration Act 1994. Section HM 72(3) applies to determine the date the election takes effect. Defined in this Act: Commissioner, notify, PIE HM 30: When foreign PIE equivalent no longer meets requirements Commencing New Zealand residence 1: A foreign PIE equivalent loses its status immediately if it becomes resident in New Zealand. Continued failure 2: A foreign PIE equivalent loses its status if it no longer meets the requirements set out in section HM 3(b) to (e) at the end of 2 consecutive quarters. The loss of status takes effect from the first day of the third quarter. Defined in this Act: foreign PIE equivalent, quarter, resident in New Zealand 2007 No 97 s HL 5(2) Rules for multi-rate PIEs Introductory provisions HM 31: Rules for multi-rate PIEs Rules 1: A multi-rate PIE must— a: attribute income arising from the proceeds of an investment to an investor, and pay tax on the income based on the investor’s tax rate, see b: calculate and pay its tax liability, choosing certain periods to do this, see c: adjust investors’ interests in the entity or distributions from the entity to reflect an amount of tax paid, see d: use tax credits received to satisfy the entity’s tax liability, in some cases providing any surplus credits to certain investors by making an adjustment described in paragraph (c), see Further provisions related to payment options, tax rates, and exit periods 2: For the provisions relating to the options available to a multi-rate PIE for calculating and paying its tax liability, prescribed and notified investor rates for investors, and exit levels and periods, see Further provisions relating to use of losses 3: For the provisions relating to the use of losses by multi-rate PIEs, see Defined in this Act: exit level, exit period, investor, investor interest, multi-rate PIE, notified investor rate, pay, prescribed investor rate, tax, tax credit HM 32: Rules for and treatment of investors in multi-rate PIEs Tax rates 1: An investor in a multi-rate PIE must notify the PIE of a tax rate applying to their investment income or have a default rate apply, see Attributed income 2: An amount of income attributed by a multi-rate PIE to an investor in the PIE is— a: income of the investor under section CP 1 (Attributed income of investors in multi-rate PIEs): b: for certain investors, excluded income of the investor under section CX 56 (Attributed income of certain investors in multi-rate PIEs). Defined in this Act: amount, excluded income, income, investor, multi-rate PIE, notify HM 33: Proxies for PIE investors Proxies 1: An entity may become a proxy for an investor in a multi-rate PIE for an attribution period if the entity— a: holds an investor interest for the investor; and b: notifies the PIE that it holds the interest as proxy. Role 2: The proxy must perform the duties set out in subsection (3) in relation to amounts attributed to them for the period as holder of the interest as if— a: the proxy were a multi-rate PIE; and b: the investor interest were an interest of the investor in the income of the proxy; and c: the amounts attributed and distributions received by the proxy were amounts of the proxy to which the investor is entitled as holder of the interest. Duties 3: The proxy’s duties are to— a: attribute amounts to the investor for the period; and b: distribute amounts and credits to the investor for the period; and c: pay income tax on the investment income for the period; and d: adjust the investor interest of the investor or distributions to the investor under section HM 48; and e: provide returns as required under section 57B of the Tax Administration Act 1994 to the Commissioner and any other information required by the Commissioner; and f: provide the investor with a notice under section 31C of that Act; and g: provide the PIE with information about the investor and investor interest that may be relevant to any eligibility requirements of the PIE. Defined in this Act: amount, attribution period, Commissioner, income, income tax, investor, investor interest, multi-rate PIE, notify, PIE Attributing income to investors HM 34: Attribution periods A multi-rate PIE must use 1 of the following periods for attributing an amount for a tax year to an investor and an investor class: a: for an entity that uses the quarterly calculation option under section HM 43, but chooses the attribution period by notifying the Commissioner before the start of the tax year or on choosing to become a PIE, a day, a month, or a quarter; or b: for an entity that chooses under section HM 44 to pay provisional tax and chooses the attribution period by notifying the Commissioner before the start of the tax year or on choosing to become a PIE, a day, a month, a quarter, or an income year; or c: for an entity that does not make a choice under paragraphs (a) and (b), a day. Defined in this Act: amount, attribution period, Commissioner, investor, investor class, multi-rate PIE, PIE, provisional tax, tax year 2007 No 97 s HL 16(2) HM 35: Determining net amounts and taxable amounts What this section applies to 1: This section applies for the purposes of a calculation under section HM 36(2). Net amounts 2: The net amount for an investor class of a multi-rate PIE for an attribution period is calculated using the formula— assessable income – deductions. Definition of items in formula 3: In the formula in subsection (2),— a: assessable income b: deductions i: incurred by the PIE in deriving the assessable income referred to in paragraph (a); and ii: attributed to the class for the attribution period. Net income or net loss 4: If the result of the formula is positive, the amount is net income of the class for the period. If the result of the formula is negative, the amount is a net loss of the class for the period. Taxable amounts 5: The taxable amount for an investor class of a multi-rate PIE for an attribution period is calculated using the formula— net income – net loss – other loss used. Definition of items in formula 6: In the formula in subsection (5),— a: net income b: net loss c: other loss used i: the total amount for the class of formation loss that is attributable for the attribution period under sections HM 66 to HM 70 and any amount of land loss under section HM 65 that has not been used for an earlier period: ii: the total amount of net income referred to in paragraph (a). Taxable income or tax loss 7: If the result of the formula is positive, the amount is taxable income of the class for the period. If the result of the formula is negative, the amount is a tax loss of the class for the period. Use of valuations or financial statements 8: Income and deductions of the multi-rate PIE are allocated to investors and investor classes for attribution periods as— a: reflected in the PIE's valuation of investors' interests, if the PIE makes these valuations: b: shown in the PIE's financial statements, if the PIE does not makes the valuations referred to in paragraph (a). Defined in this Act: amount, assessable income, attribution period, deduction, formation loss, income, investor class, investor interest, land loss, multi-rate PIE, net income, net loss, PIE, tax loss, taxable income 2007 No 97 ss EG 3, HL 19, HL 20 HM 36: Calculating amounts attributed to investors Calculating amount 1: The amount of attributed PIE income or attributed PIE loss for an income year for an investor and an investor class in a multi-rate PIE is the total of the amounts calculated using the formula in subsection (2) for— a: each attribution period in the income year; and b: each day in the attribution period; and c: each investor class to which the investor belongs on the day. Formula 2: The formula is— percentage × (income – loss) – (expenses – credits for fees). days in period Definition of items in formula 3: In the formula,— a: percentage b: income c: loss d: days in period e: expenses i: fees for ongoing management and administration services paid from or charged to the account of the investor as a member of the investor class: ii: expenditure of the investor as a member of the investor class and transferred under subpart DV (Expenditure specific to certain entities) to the PIE: f: credits for fees Treatment of attributed loss for PIEs paying provisional tax 4: Despite subsection (3), an investor in a multi-rate PIE that chooses under section HM 44 to pay provisional tax has no attributed PIE loss. When derived or incurred 5: The investor is treated as deriving the attributed PIE income or incurring the attributed PIE loss in the income year of the investor in which the end of the PIE's income year falls. Defined in this Act: amount, attributed PIE income, attributed PIE loss, attribution period, income, income year, investor, investor class, multi-rate PIE, PIE, provisional tax, tax loss, taxable income 2007 No 97 s HL 26 HM 37: When income cannot be attributed When this section applies 1: This section applies when a multi-rate PIE has income or property in which no investor has an interest, or income or property in which no person has a conditional entitlement under section HM 38. Sole investor 2: The PIE is treated as the sole investor in an investor class having an interest in the income or property. Relationship with section CS 1 3: For the purposes of subsection (1), income derived under section CS 1 (Withdrawals) by a multi-rate PIE that is a superannuation fund is treated as income to which no investor has an investor interest. Defined in this Act: income, investor, investor class, investor interest, multi-rate PIE 2007 No 97 s HL 17(1) HM 38: When superannuation fund investor has conditional entitlement When this section applies 1: This section applies for the purposes of section HM 37 in relation to an attribution period when a person has a conditional entitlement to an investor interest in a multi-rate PIE that is a superannuation fund that meets the requirements of subsection (4) in income or property of the PIE. Attribution 2: The investor interest is treated as held by the person for the attribution period. When conditional entitlement exists 3: A person is treated as having a conditional entitlement to an investor interest if— a: the investor interest is bought by or for the person’s employer; and b: the person and the employer have agreed that the person will have an unconditional entitlement to the interest before the end of a vesting period that is no longer than 5 years; and c: the agreement exists before the attribution period; and d: the vesting period ends after the attribution period. Modifications to certain vesting periods 4: For the purposes of subsection (3)(b),— a: for a PIE that exists on 17 May 2006, a vesting period longer than 5 years is allowed but the vesting period must not be longer than the longest vesting period allowed by the PIE at that date for an interest created on that date: b: for a PIE that does not exist on 17 May 2006, but the investor interest has been transferred to it by a superannuation scheme in existence on that date without significant change to the interest, a vesting period of any length is allowed. Defined in this Act: attribution period, employer, income, investor interest, multi-rate PIE, PIE, superannuation fund, superannuation scheme 2007 No 97 s HL 17(2) HM 39: New investors in existing investor classes When this section applies 1: This section applies when a person is a new investor in an existing investor class of a multi-rate PIE but, at the time of investing, the PIE holds insufficient investments for the person to qualify as an investor in the class. Person treated as investor 2: The PIE may treat the person as an investor in the class if the PIE acquires sufficient investments as described in section HM 11 as soon after the investor’s acquisition of the interests as is practicable. Defined in this Act: investor, investor class, multi-rate PIE, PIE 2007 No 97 s HL 18 HM 40: Deductions for attributed PIE losses for zero-rated and exiting investors When this section applies 1: This section applies to an investor in a multi-rate PIE when— a: an amount of attributed PIE loss is attributed under section HM 36 to the investor for an attribution period in a tax year; and b: either— i: the investor is a zero-rated investor; or ii: the PIE calculates its tax liability using the quarterly calculation option under section HM 43 and the amount is attributed to an exiting investor to whom section HM 61 applies. Deduction 2: In the investor's income year in which the end of the PIE's income year falls, the investor is allowed a deduction under section DB 53 (Attributed PIE losses of certain investors). The amount of the deduction is equal to the amount attributed for the income year or exit period. Defined in this Act: amount, attributed PIE loss, attribution period, deduction, exit period, income year, investor, multi-rate PIE, PIE, tax year, zero-rated investor 2007 No 97 s HL 27 Calculating and paying tax liability HM 41: Options for calculation and payment of tax Available options 1: The options available to a multi-rate PIE for calculating and paying its income tax liability are— a: the payment of tax calculated under the exit calculation option, see b: the payment of tax calculated under the quarterly calculation option, see c: the payment of provisional tax and terminal tax calculated on an income-year basis, see Default option 2: The PIE must use the default option under subsection (1)(b) unless it chooses an option under subsection (1)(a) or (c) by notifying the Commissioner. Income tax liability 3: The income tax liability of the PIE for the tax year is equal to the total amount calculated under the relevant method for periods in the tax year or, in the case of the provisional tax calculation option under section HM 44, for the PIE's income year corresponding to the tax year. Defined in this Act: amount, Commissioner, income tax liability, income year, multi-rate PIE, notify, pay, PIE, provisional tax, tax year, terminal tax 2007 No 97 ss HL 16(3), HL 22–HL 24 HM 42: Exit calculation option When this section applies 1: This section applies when a multi-rate PIE chooses for a tax year to calculate its income tax liability for exiting investors and remaining investors. The PIE must notify the Commissioner under section 31B of the Tax Administration Act 1994 of this election. Calculation for exiting investors 2: For an investor whose interest has reached the exit level during the tax year, the PIE must calculate its income tax liability under section HM 47 for the investor and the relevant exit period. The exit level and exit periods are determined under sections HM 62 and HM 63. Calculations for investors for non-exit periods 3: For investors and periods in the income year other than exit periods, the PIE must calculate its income tax liability under section HM 47 for the relevant period. Payment to Commissioner 4: The PIE must pay to the Commissioner— a: the amount of income tax liability for an exiting investor for the exit period— i: within 1 month after the end of the month of withdrawal; or ii: if the month of withdrawal is November, by the following 15 January; and b: the rest of the PIE's income tax liability for the tax year within 1 month after the end of the tax year for remaining investors in the PIE at the end of the tax year, after allowing for any payment under paragraph (a) or any voluntary payment under section HM 45. Provisional tax rules 5: The PIE is not required to pay provisional tax under subpart RC (Provisional tax) for the tax year. Defined in this Act: amount, Commissioner, exit level, exit period, income tax liability, income year, investor, multi-rate PIE, pay, PIE, provisional tax, tax year 2007 No 97 s HL 24(1)–(4) HM 43: Quarterly calculation option Quarterly calculation 1: A multi-rate PIE that does not choose to calculate and pay its income tax liability under the exit calculation or provisional tax calculation options, must calculate its tax liability for each quarter of the tax year using the formula set out in section HM 47. The notice requirements are set out in section 31B of the Tax Administration Act 1994. Quarterly payment 2: The PIE must pay to the Commissioner the amount of its income tax liability for the quarter within 1 month of the end of the quarter. Exiting investors: zero-rated 3: If an investor’s interest in the PIE has reached the exit level, they are treated under section HM 61 as a zero-rated investor for the exit period which includes a grace period of 5 working days after the end of the quarter. This subsection does not apply if the PIE voluntarily chooses to pay an amount under section HM 45. Exiting investors: remaining value to Commissioner 4: If an investor's interest at the end of an exit period is more than zero, the PIE must pay an amount equal to the value of the interest to the Commissioner at the same time as the payment referred to in subsection (2). Provisional tax rules 5: The PIE is not required to pay provisional tax under subpart RC (Provisional tax) for the tax year. Defined in this Act: amount, Commissioner, exit level, exit period, income tax liability, investor interest, multi-rate PIE, notice, pay, PIE, provisional tax, quarter, tax year, working day, zero-rated investor 2007 No 97 s HL 22 HM 44: Provisional tax calculation option When this section applies 1: This section applies when a multi-rate PIE chooses to calculate its income tax liability on an income year basis and pay provisional tax by notifying the Commissioner before the start of the income year or when choosing to become a PIE. Notification regarding the type of PIE and attribution period is made under section 31B of the Tax Administration Act 1994. Application of subparts RB and RC 2: The PIE must calculate its tax liability for the income year corresponding to the tax year under section HM 47 and pay provisional tax for the tax year as required by subpart RC (Provisional tax) and terminal tax for the tax year as required by subpart RB (Terminal tax). Treatment of losses 3: If the calculation of the liability results in a negative amount, the loss must be carried forward to a later tax year, and section HM 64 does not apply. Defined in this Act: income tax liability, income year, multi-rate PIE, notify, pay, PIE, provisional tax, tax year 2007 No 97 s HL 23(1), (2) HM 45: Voluntary payments When this section applies 1: This section applies when a multi-rate PIE pays an amount of tax under section HM 42 or HM 43 and an investor reduces their investor interest in an investor class of the PIE. Voluntary payment 2: The PIE may pay an amount of income tax to the Commissioner that represents an amount of its tax liability for the investor as a member of an investor class for the tax year. Time of payment 3: The payment must be made— a: within 1 month after, as applicable,— i: for calculation and payment of tax under the quarterly calculation option, the end of the quarter; or ii: for the calculation and payment of tax under the exit calculation option, the month of the reduction; or b: if the month is November, by the following 15 January. Defined in this Act: amount, Commissioner, income tax, investor, investor class, investor interest, multi-rate PIE, pay, PIE, quarter 2007 No 97 s HL 25 HM 46: Calculation process To calculate its tax liability, a multi-rate PIE must— a: determine the net amount for each investor class of the PIE: b: determine the taxable amount for each investor class of the PIE: c: calculate its tax liability for each investor in an investor class for each day of an attribution period. Defined in this Act: amount, attribution period, investor, investor class, multi-rate PIE, PIE 2007 No 97 ss HL 19, HL 20 HM 47: Calculation of tax liability or tax credit of multi-rate PIEs What this section does 1: This section quantifies the amount of the tax liability or tax credit of a multi-rate PIE for a calculation period. Calculating amount 2: The amount of the PIE’s tax liability or tax credit is the sum of the amounts calculated using the formula in subsection (3) for— a: each investor class in which the investor has an interest: b: each investor in an investor class: c: each attribution period in the calculation period: d: each day in an attribution period. Formula 3: The formula is— rate × amount. Definition of items in formula 4: In the formula,— a: rate i: the tax rate under section HM 60 relating to the investor for the period; or ii: 30%, if the PIE is treated as the sole investor under section HM 37: b: amount Result of formula: tax liability or tax credit 5: If the result of the formula in subsection (3) is positive, the amount is the PIE’s tax liability for the calculation period. If the result is negative, the amount is a tax credit of the PIE under section LS 1 (Tax credits for multi-rate PIEs), see Defined in this Act: amount, attribution period, calculation period, investor, investor class, investor interest, multi-rate PIE, PIE, tax credit 2007 No 97 ss EG 3, HL 21 Adjusting investors’ interests HM 48: Adjustments to investors’ interests or to distributions Adjustment 1: When a multi-rate PIE pays a tax liability or receives a tax credit under section LS 1 (Tax credits for multi-rate PIEs) in relation to an investor, it must make an adjustment to an investor's interest to reflect the rate applying under section HM 60 or HM 61. The PIE may choose to adjust— a: the investor’s interest in an investor class; or b: the amount of a distribution paid to the investor; or c: the amount of a payment required from the investor to satisfy the PIE's tax liability. Investor's choice 2: The PIE may offer the choice made under subsection (1) to the investor. Date of adjustment 3: An adjustment under subsection (1)(a) must be made— a: for the quarterly calculation option, within 2 months of the end of the quarter; or b: for the exit calculation option, within 2 months of the end of the tax year; or c: for the provisional tax calculation option, within 3 months of the end of the income year. Extending time limits 4: On application by a multi-rate PIE, the Commissioner may extend a time limit imposed under subsection (3) if it is reasonable in the circumstances. Defined in this Act: amount, income year, investor, investor interest, multi-rate PIE, pay, PIE, prescribed investor rate, provisional tax, quarter, tax year 2007 No 97 s HL 7 Using tax credits HM 49: Tax credits: when sections HM 50 to HM 55 apply When sections apply 1: Sections HM 50 to HM 55 apply in relation to the tax credits of a multi-rate PIE or proxy for an investor in a multi-rate PIE that has not chosen to calculate its income tax liability under section HM 44 using the provisional tax calculation option. Limitation 2: The entity must not, other than under sections HM 51 to HM 55,— a: use the tax credit to reduce the liability of the entity for income tax or to obtain a refund of income tax: b: attach the tax credit to a distribution or transfer the tax credit to another person. Relationship with Part L 3: Sections HM 51 to HM 55 override Part L (Tax credits and other credits) other than subpart LS (Tax credits for multi-rate PIEs and investors). Defined in this Act: income tax, income tax liability, investor, multi-rate PIE, provisional tax, tax credit 2007 No 97 s HL 29(1), (2) HM 50: Attributing credits to investors When this section applies 1: This section applies when a multi-rate PIE has— a: a credit for tax paid or withheld under subpart LB (Tax credits for payments, deductions, and family income): b: an imputation credit under subpart LE (Tax credits for imputation credits): c: a credit for tax paid in a foreign country or territory under subpart LJ (Tax credits for foreign income tax). Attributing amount to investor 2: The amount of the credit attributable to an investor in an investor class of the PIE for an attribution period is calculated using the formula in subsection (3). The amount attributed to the investor is the total of the amounts calculated for each investment of the PIE and each day in the attribution period. Calculation of amount 3: The formula is— credit × class's percentage × investor's percentage days in period. Definition of items in formula 4: In the formula,— a: credit b: class's percentage c: investor's percentage d: days in period Defined in this Act: amount, attribution period, imputation credit, investor, investor class, multi-rate PIE, pay, PIE, tax credit 2007 No 97 ss HL 29(3)–(5), YA 1 portfolio class fraction portfolio investor interest fraction HM 51: Use of foreign tax credits by PIEs When this section applies 1: This section applies when a multi-rate PIE has a tax credit under subpart LJ (Tax credits for foreign income tax) that is attributable in a tax year to an investor other than— a: a zero-rated investor: b: an exiting investor who is treated under section HM 61 as zero-rated. Using tax credit to satisfy income tax liability 2: The multi-rate PIE may use the tax credit under section LS 1 (Tax credits for multi-rate PIEs) to satisfy its income tax liability for the tax year in relation to the investor. The amount of the credit is determined under subsection (3). Amount 3: The total amount of the credits able to be used is the lesser of— a: the total amount of credits attributed to the investor as a member of any investor class for the calculation period together with any amount attributed to the investor in an earlier calculation period that remains unused: b: the amount of the PIE’s tax liability in relation to the investor as a member of any investor class for the calculation period or an earlier calculation period, and not met by any credit allocated to the earlier period. Use under exit calculation option 4: For a multi-rate PIE that calculates its tax liability for a tax year using the exit calculation option under section HM 42, the amount may be used for calculation periods earlier or later in the tax year, and in relation to different classes for the same investor. Use under quarterly option 5: For a multi-rate PIE that calculates its tax liability for a tax year using the quarterly calculation option under section HM 43, the amount may be used only for the relevant calculation period and later periods in the tax year, and in relation to different classes for the same investor. Defined in this section: amount, calculation period, income tax liability, investor, investor class, multi-rate PIE, PIE, quarter, tax credit, tax year, zero-rated investor 2007 No 97 s HL 29(10)–(12) HM 52: Use of foreign tax credits by zero-rated and certain exiting investors When this section applies 1: This section applies when a multi-rate PIE has a tax credit under subpart LJ (Tax credits for foreign income tax) that is attributable in a tax year to an investor who is— a: a zero-rated investor: b: an exiting investor who is treated under section HM 61 as zero-rated. Using tax credit to satisfy income tax liability 2: The investor may use the tax credit under section LS 3 or LS 4 (which relate to the use of tax credits) to satisfy their income tax liability for the tax year. The amount of the credit is determined under subsection (3) or (4). Amount 3: The total amount of the credits able to be used is the lesser of— a: the total amount of the attributed foreign tax credits for the tax year or exit period, as applicable: b: the amount calculated by multiplying the attributed PIE income of the investor from the PIE for the tax year by,— i: for an exiting investor described in subsection (1)(b), the notified investor rate in relation to the investor for the attribution period before their exit period; or ii: for a zero-rated investor, their basic tax rate set out in schedule 1 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits) for the tax year. Amount for PIEs or proxies 4: Despite subsection (3), the amount of the credit is the attributed amount if the investor is— a: a multi-rate PIE; or b: a proxy for an investor in a multi-rate PIE. Defined in this Act: amount, attributed PIE income, attribution period, exit period, foreign tax, income tax liability, investor, multi-rate PIE, notified investor rate, notify, PIE, tax credit, tax year, zero-rated investor 2007 No 97 s HL 29(7), (8) HM 53: Use of tax credits other than foreign tax credits by PIEs When this section applies 1: This section applies when a multi-rate PIE has— a: a tax credit under Part L (Tax credits and other credits) other than a tax credit under subpart LJ (Tax credits for foreign income tax); and b: the credit is attributable in a tax year to an investor in an investor class other than— i: a zero-rated investor: ii: an exiting investor who is treated under section HM 61 as zero-rated. Using tax credit to satisfy income tax liability 2: The PIE may use the tax credit under section LS 1 (Tax credits for multi-rate PIEs) to satisfy its income tax liability for the tax year in relation to the investor as a member of the class or of another investor class. A tax credit under this section is used only after the use of any credit under section HM 52. Amount 3: The amount of the tax credit is the amount attributed. Defined in this Act: amount, income tax liability, investor, investor class, multi-rate PIE, tax credit, tax year, zero-rated investor 2007 No 97 s HL 29(13) HM 54: Use of tax credits other than foreign tax credits by investors When this section applies 1: This section applies when a multi-rate PIE has a tax credit under Part L (Tax credits and other credits) other than a tax credit under subpart LJ (Tax credits for foreign income tax), that is attributable in a tax year to an investor who is— a: a zero-rated investor: b: an exiting investor who is treated under section HM 61 as zero-rated. Using tax credit to satisfy income tax liability 2: The investor may use the tax credit under section LS 3 or LS 4 (which relate to the use of tax credits) to satisfy their income tax liability for the tax year. Amount 3: The amount of the tax credit is the amount attributed. Defined in this Act: amount, income tax liability, investor, multi-rate PIE, tax credit, tax year, zero-rated investor 2007 No 97 s HL 29(7)(b) HM 55: Tax credits for losses A multi-rate PIE that has a negative amount arising under section HM 47(5) and has not chosen to calculate its tax liability using the provisional tax calculation option under section HM 44 has a tax credit for a tax year under section LS 1 (Tax credits for multi-rate PIEs). Defined in this Act: amount, multi-rate PIE, provisional tax, tax credit, tax year 2007 No 97 s HL 28 Prescribed and notified rates for investors in multi-rate PIEs HM 56: Prescribed investor rates for investors generally An investor in a multi-rate PIE has a prescribed investor rate of 30% unless sections HM 56 to HM 61 apply. Defined in this Act: investor, multi-rate PIE, prescribed investor rate HM 57: Prescribed investor rates for certain natural person investors: 19.5% An investor in a multi-rate PIE who is a natural person (other than a trustee) has a prescribed investor rate of 19.5% if— a: they are resident in New Zealand; and b: they have, in either of the 2 income years immediately before the tax year,— i: $38,000 or less in taxable income; and ii: a total amount of $60,000 or less of taxable income and attributed PIE income less any attributed PIE loss. Defined in this Act: amount, attributed PIE income, income year, investor, multi-rate PIE, prescribed investor rate, resident in New Zealand, tax year, taxable income, trustee 2007 No 97 s YA 1 portfolio investor rate prescribed investor rate HM 58: Optional investor rates for trustees: 30%, 19.5% An investor in a multi-rate PIE who is a trustee of a trust other than a trust referred to in section HM 59(b) may choose to have an investor rate of either 30% or 19.5%. Defined in this Act: investor, multi-rate PIE, trustee HM 59: Prescribed investor rates for certain investors: 0% An investor (a zero-rated investor a: a company: b: an organisation or trust deriving exempt income under section CW 41 or CW 42 (which relate to charities): c: a person who derives income as a trustee, other than a trustee who chooses the 30% rate under section HM 58: d: a PIE when an amount is attributed, other than a trustee who chooses the 30% rate under section HM 58: e: a proxy acting under section HM 33: f: a superannuation fund, unless the trustee chooses the 30% or 19.5% rate under section HM 58. Defined in this Act: amount, company, exempt income, investor, multi-rate PIE, PIE, prescribed investor rate, resident in New Zealand, superannuation fund, trustee 2007 No 97 s YA 1 prescribed investor rate HM 60: Notified rates Notifying PIE 1: Despite sections HM 56 to HM 59, an investor who has provided their tax file number to a multi-rate PIE may notify the PIE of the investor rate to be applied for a period. Section 28B of the Tax Administration Act 1994 sets out the requirements for the notice. Time of notification 2: The investor must give notice before the end of the relevant period. Application of rate 3: A multi-rate PIE must apply the investor rate last notified by an investor in relation to every day of the period. However, this subsection does not apply if the PIE has made a voluntary payment of tax under section HM 45 that is intended to satisfy its income tax liability for the period in relation to the investor unless the rate last notified applies to the voluntary payment. When chosen rate lower than rate in sections HM 56 to HM 59 4: If an investor notifies an investor rate that is lower than their prescribed investor rate that would apply under sections HM 56 to HM 59, income attributed to them by the PIE is not excluded income of the investor under sections CX 56 and CX 56B (which relate to attributed income of and distributions to certain investors in multi-rate PIEs). When rate disregarded 5: The Commissioner may notify a PIE to disregard an investor rate notified by an investor if the Commissioner considers the rate is incorrect. The 30% default rate under section HM 56 then applies. When no rate notified 6: If an investor does not notify a multi-rate PIE of their investor rate, the rate applying for a period is 30%. Defined in this Act: Commissioner, excluded income, income, investor, multi-rate PIE, notify, notified investor rate, pay, PIE, prescribed investor rate, tax file number 2007 No 97 s YA 1 portfolio investor rate prescribed investor rate HM 61: Certain exiting investors zero-rated Despite section HM 60, the tax rate applying to an investor is 0% if— a: the interest of the investor in a multi-rate PIE reaches the exit level or the investor has an exit period in a quarter in which they are attributed income from the PIE; and b: the PIE calculates and pays tax using the quarterly calculation option under section HM 43; and c: the PIE does not choose to make voluntary payments under section HM 45. Defined in this Act: income, investor, multi-rate PIE, pay, PIE, quarter 2007 No 97 s YA 1 portfolio investor rate prescribed investor rate Exit levels and periods HM 62: Exit levels for investors An investor in a multi-rate PIE is treated as reaching the exit level when the PIE’s tax liability for the investor is equal to, or more than, the value of the investor’s interest in the PIE at the end of the exit period (the exit level Defined in this Act: exit level, investor, investor interest, multi-rate PIE, PIE HM 63: Exit periods When this section applies 1: This section applies when an investor in a multi-rate PIE reaches the exit level during a tax year. Exit period: exit calculation 2: For a PIE that calculates its tax liability using the exit calculation option under section HM 42, the investor’s exit period— a: begins with the day that is the later of the start of the tax year and the day on which the investor last became an investor; and b: ends on the day in the tax year when the exit level is reached. Exit period: quarterly calculation 3: For a PIE that calculates its tax liability using the quarterly calculation option under section HM 43, the investor’s exit period is the quarter in which the exit level is reached plus a grace period of 5 working days after the end of the quarter. Voluntary payments of tax 4: Subsection (3) does not apply if the PIE voluntarily pays tax under section HM 45. Defined in this Act: exit level, investor, multi-rate PIE, pay, PIE, quarter, tax year, working day 2007 No 97 s YA 1 portfolio investor exit period Treatment of losses by PIEs Losses of certain multi-rate PIEs HM 64: Use of investor classes’ losses When this section applies 1: This section applies when an investor class of a PIE that calculates and pays tax using the exit calculation or quarterly calculation options under section HM 42 and HM 43 has a tax loss under section HM 35(7) for a calculation period. But this section does not apply to a land loss as defined in section HM 65(3). Amount not carried forward 2: The amount is not included in a loss balance carried forward under Part I (Losses) to a later calculation period. Tax credits 3: To the extent to which the amount relates to an investor other than a zero-rated investor, the PIE has a tax credit under section LS 1 (Tax credits for multi-rate PIEs). The amount of the credit is calculated under section HM 47(5). Defined in this Act: amount, calculation period, investor class, land loss, loss balance, pay, PIE, tax credit, zero-rated investor 2007 No 97 s HL 32(1) HM 65: Use of land losses of investor classes When this section applies 1: This section applies when an investor class of a multi-rate PIE that calculates and pays tax using the exit calculation option or the quarterly calculation option under section HM 42 or HM 43 has a land loss for a calculation period. Amount carried forward 2: The amount of land loss may be included in a loss balance carried forward under Part I (Losses) to a later calculation period and used under section HM 35(5) to reduce an amount of taxable income from the class. Meaning of land loss 3: For the purposes of this section, a land loss a: are investments in land or shares in a land investment company; and b: have a value that is more than 50% of the market value of all the PIE's investments in which the class has the entitlement. Defined in this Act: amount, calculation period, investor class, investor interest, land, land investment company, land loss, loss balance, market value, multi-rate PIE, pay, PIE, quarter, share, tax loss, taxable income 2007 No 97 s HL 32(2), (3) Formation losses HM 66: Formation losses carried forward to tax year What this section applies to 1: This section applies to an entity that becomes a PIE, other than a multi-rate PIE that calculates and pays tax using the exit calculation or quarterly calculation option under section HM 42 or HM 43, when the entity has a formation loss. Amount carried forward 2: The amount of formation loss may be included in a loss balance carried forward under Part I (Losses) to a tax year in which the entity is a PIE. Defined in this Act: amount, formation loss, loss balance, multi-rate PIE, pay, PIE, quarter, tax, tax year 2007 No 97 s HL 30(1), (2) HM 67: Formation losses carried forward to first quarter When this section applies 1: This section applies when an entity becomes a multi-rate PIE that— a: calculates and pays tax using the exit calculation or quarterly calculation option under section HM 42 or HM 43; and b: has a formation loss. Amount carried forward 2: The amount of formation loss may be carried forward under Part I (Losses) to the quarter in which the entity becomes a PIE. Defined in this Act: amount, formation loss, multi-rate PIE, pay, PIE, quarter 2007 No 97 s HL 30(1) HM 68: When formation losses carried forward are less than 5% of formation investment value If the total amount of formation loss carried forward under section HM 67 is less than 5% of the total market value of the PIE’s investments at the time it becomes a PIE, it may allocate to an attribution period the amount not already allocated, when calculating under section HM 35(5) the taxable amount of an investor class for the attribution period. Defined in this Act: amount, attribution period, formation loss, investor class, market value, PIE, taxable amount 2007 No 97 s HL 30(3) HM 69: When formation losses carried forward are 5% or more of formation investment value: 3-year spread What this section applies to 1: This section applies to spread the formation loss over the period of 3 years from the date the entity becomes a PIE when the amount of formation loss carried forward under section HM 67 is 5% or more of the total market value of the PIE’s investments at the time it becomes a PIE. Amount 2: The maximum amount of formation loss that the PIE may allocate to an attribution period, when calculating under section HM 35(5) the taxable amount of an investor class for the attribution period, is the amount calculated using the formula— initial loss × days 1095. Definition of items in formula 3: In the formula,— a: initial loss b: days Unused formation losses 4: For the purposes of the calculation of the amount in subsection (2), the formation loss includes any unused formation loss that was allocated to an earlier attribution period. Treatment after 3-year period 5: After the end of the period of 3 years referred to in subsection (1), any residual formation loss may be carried forward to a tax year in which the entity is a PIE under section HM 66. Defined in this Act: amount, attribution period, formation loss, investor class, market value, PIE, tax year, taxable amount 2007 No 97 s HL 30(4), (5) HM 70: Maximum amount of formation losses allocated by multi-rate PIEs to investor classes Maximum amount for allocation 1: Despite sections HM 68 and HM 69, the maximum amount of formation loss that may be allocated, when calculating under section HM 35(5) the taxable amount of an investor class for an attribution period, is calculated using the formula— class net income – credits rate. Definition of items in formula 2: In the formula,— a: class net income b: credits i: imputation credits: ii: Maori authority credits: iii: RWT credits: iv: FDP credits: c: rate Defined in this Act: amount, attribution period, company, FDP credit, formation loss, imputation credit, investor class, Maori authority credit, net income, RWT 2007 No 97 s HL 30(6), (7) Elections and consequences HM 71: Choosing to become PIE An entity that, at the time of election, meets the requirements of the entry rules in sections HM 8 to HM 10, HM 17, HM 18, and HM 20, except to the extent to which the relevant requirement is said not to be applicable to the entity, may choose to become a PIE by notifying the Commissioner under section 31B of the Tax Administration Act 1994. Defined in this Act: Commissioner, notify, PIE 2007 No 97 s HL 11(1), (3) HM 72: When elections take effect Notice of election 1: An election under section HM 71 to become a PIE takes effect on the latest of the following dates: a: the date the entity is formed: b: the date set out in the notice: c: 30 days before the Commissioner receives the notice. When entity does not meet basic requirements 2: Despite subsection (1), an entity's election to become a PIE does not take effect if, in the period ending 12 months after the date on which the election would be effective,— a: the entity cancels the election: b: an event or situation arises that means the entity would lose PIE status under any of sections HM 24 to HM 28. Notice of cancellation 3: An election under section HM 29 to cancel PIE status takes effect on the latest of the following dates: a: the date the entity became a PIE: b: the date set out in the notice: c: the date on which the Commissioner receives the notice. Defined in this Act: Commissioner, notice, PIE 2007 No 97 ss HL 11(2), (2B), (4), HL 13(1), (4), HL 15(2) HM 73: Transition: provisional tax When this section applies 1: This section applies when an entity chooses to become a PIE in an income year and has an increased liability for provisional tax for the income year because of the election. Penalties and interest 2: The entity is not liable to pay any penalty or interest for which it would otherwise be liable for an inaccuracy arising from the increased liability in— a: an estimate of provisional tax made before the election: b: a payment of provisional tax due before the end of the 2-month period that starts when the election takes effect. Tax liability 3: An entity that becomes a PIE in a tax year and is liable to pay an amount of income tax because of the disposal and reacquisition referred to in section HM 75 may satisfy the tax liability by paying the Commissioner at least— a: one third of the liability in the tax year; and b: one half of the balance remaining after a payment under paragraph (a) in the tax year after that in which the entity became a PIE; and c: the balance owing after the payments under paragraphs (a) and (b) in the second tax year after that in which the entity became a PIE. Defined in this Act: amount, Commissioner, income tax, income year, pay, PIE, provisional tax, tax year 2007 No 97 s HL 14 HM 74: Transition: entities with non-standard income years When this section applies 1: This section applies when— a: an entity with a non-standard income year chooses to become a PIE; and b: the entity calculates and pays its tax liability using the exit calculation or quarterly calculation option under section HM 42 or HM 43. Consequential changes in balance date 2: Section 39 of the Tax Administration Act 1994 applies as if— a: the day before that on which the election takes effect were the original balance date of the entity; and b: the next 31 March after the election takes effect were a new balance date approved by the Commissioner for the entity. Defined in this Act: Commissioner, non-standard income year, pay, PIE, quarter 2007 No 97 s HL 13(2) HM 75: Transition: treatment of shares held in certain companies When subsection (2) applies 1: Subsection (2) applies when— a: an entity chooses to become a PIE; and b: before the election takes effect— i: the entity holds a share in relation to which the proceeds of disposal would be excluded income under section CX 55(3)(a) and (b) (Proceeds from disposal of investment shares) once the entity becomes a PIE: ii: the entity is a share supplier in a returning share transfer in relation to that type of share; and c: the share is in a company that is not a PIE and does not become a PIE within 6 months from the date on which the entity became a PIE. Disposal and reacquisition 2: The entity is treated as— a: disposing of the share to another person; and b: receiving consideration of an amount that equals the market value of the share at the time; and c: reacquiring the share from the other person for the same consideration. Timing 3: The disposal and reacquisition is treated as occurring on the day before that on which the election takes effect. When subsection (5) applies 4: Subsection (5) applies when an entity— a: loses PIE status under any of sections HM 24 to HM 28 or chooses to cancel PIE status under section HM 29; and b: holds a share in relation to which the proceeds of disposal would be excluded income under section CX 55(3)(a) and (b) while the entity is a PIE. Disposal and reacquisition 5: The entity is treated as— a: disposing of the share to another person; and b: receiving consideration of an amount that equals the market value of the share at the time; and c: reacquiring the share from the other person for the same consideration. Timing 6: The disposal and reacquisition is treated as occurring on the day before PIE status is lost. Defined in this Act: amount, company, exempt income, market value, PIE, returning share transfer, share, shareholder 2007 No 97 ss HL 13(3), HL 15(3) HM 76: Transition: FDPA companies When an FDPA company becomes a PIE during a tax year, the balance of the company’s FDP account at the end of the tax year for the purposes of section RM 21(2)(c) (Refunds when loss balances used to reduce net income) is equal to the balance of the FDP account immediately before the company becomes a PIE. Defined in this Act: FDP account, FDPA company, PIE, tax year 2007 No 97 s HL 13(3B) . 2: Subsection (1) applies for the 2010–11 and later income years. 293: Transitional residents 1: Section HR 8(1) Provisions under which transitional resident treated as non-resident 1: When a foreign-sourced amount is derived by a transitional resident, the following provisions apply to produce a result for income tax purposes that is the same as if the transitional resident were non-resident: a: sections CD 45, CE 2, CQ 2, CQ 5, and CW 27 (which relate to income): b: sections DN 2 and DN 6 (which relate to deductions): c: sections EW 5, EW 37, EW 41, EX 16, EX 41, and EX 64 (which relate to the financial arrangements rules and to the CFC and FIF rules): d: sections HC 25, HC 26, and HC 30 (which relate to the trust rules): e: sections MC 5, MC 10, MD 7, and MF 5 (which relate to tax credits): f: sections RE 2, RE 5 and RF 12 (which relate to the RWT and NRWT rules): g: section YD 1 (Residence of natural persons): h: section 41 of the Tax Administration Act 1994. 2: In section HR 8(2) a: paragraph (a) is replaced by the following: a: they are resident in New Zealand through acquiring a permanent place of abode as described in section YD 1(2) or through the 183-day rule set out in section YD 1(3); and : b: in paragraph (b), section YD 1(2) to (4) section YD 1(2) and (3), ignoring the rule in section YD 1(4), 3: In section HR 8(3) a: in paragraph (a), subsection (2)(b) subsection (2)(a) b: in paragraph (b)(ii), section YD 1(2) to (4) section YD 1(2) and (3), ignoring the rule in section YD 1(4), 4: In section HR 8(4) may choose by notice under subsection (5) may choose by notice to the Commissioner or by notice under subsection (5) 5: After section HR 8(6) Notice of election 7: A notice under subsection (4) to stop being a transitional resident must be received by the Commissioner by— a: the time within which the person's return of income must be filed under section 37 of the Tax Administration Act 1994; or b: if the person or their tax agent applies for it, a further time allowed by the Commissioner. 6: Subsections (1) to (5) apply for the 2008–09 and later income years. 294: New heading and sections HR 9 and HR 10 added 1: After section HR 8 RMBS special purpose vehicles HR 9: RMBS special purpose vehicles are transparent For the purposes of the liabilities and obligations under an Inland Revenue Act of a registered bank described in the definition of RMBS special purpose vehicle a: the registered bank is treated as carrying on an activity carried on by the RMBS special purpose vehicle, and having a status, intention, and purpose of the RMBS special purpose vehicle, and the RMBS special purpose vehicle is treated as not carrying on that activity or having that status, intention, or purpose: b: the registered bank is treated as holding property that the RMBS special purpose vehicle holds, and the RMBS special purpose vehicle is treated as not holding that property: c: the registered bank is treated as being party to any arrangement to which the RMBS special purpose vehicle is a party, and the RMBS special purpose vehicle is treated as not being that party to that arrangement: d: the registered bank is treated as doing a thing and being entitled to a thing that the RMBS special purpose vehicle does or is entitled to, and the RMBS special purpose vehicle is treated as not doing that thing or being entitled to that thing. Defined in this Act: arrangement, Inland Revenue Acts, registered bank, RMBS special purpose vehicle HR 10: What happens when vehicle stops being RMBS special purpose vehicle? Property transferred and parties reconstituted 1: When a company or a trustee of a trust (the vehicle a: the relevant registered bank is treated as disposing of its property (the property section HR 9(b) b: the vehicle is treated as acquiring the property immediately after the vehicle stops being an RMBS special purpose vehicle: c: the relevant registered bank is treated as not being a party to an arrangement (the arrangement section HR 9(c) d: the vehicle is treated as being a party to the arrangement immediately after the vehicle stops being an RMBS special purpose vehicle. Property transferred: market value 2: The disposition of property in subsection (1)(a) subsection (1)(b) Parties reconstituted: consideration 3: At the time the registered bank or the vehicle becomes a party to an arrangement under subsection (1)(c) or (d) section HR 9(c) Definition 4: In this section, unwind section HR 9 a: residential mortgage backed securities held by the relevant registered bank or the Reserve Bank of New Zealand are cancelled; and b: interests described in the definition of RMBS special purpose vehicle c: the vehicle is terminated, by liquidation or otherwise. Defined in this Act: arrangement, company, consideration, dispose, liquidation, registered bank, residential mortgage backed securities, RMBS special purpose vehicle, trustee, unwind . 2: Subsection (1) 295: New sections HZ 5 and HZ 6 added 1: After section HZ 4 HZ 5: Transitional provisions for PIE rules Intention of new law 1: The PIE rules are the provisions of the Income Tax Act 2007 relating to portfolio investment entities in rewritten form, and are intended to have the same effect as the relevant corresponding provisions of the Income Tax Act 2007. Subsection (3) overrides this subsection. Using old law as interpretation guide 2: Unless subsection (3) applies, in circumstances where the meaning of a PIE rule (the new law a: the wording of the provisions of the Income Tax Act 2007 relating to portfolio investment entities that correspond to and are replaced by the PIE rules (the old law b: it can be assumed that a corresponding old law provision exists for each new law provision. Limits to subsections (1) and (2) 3: Subsections (1) and (2) do not apply in the case of— a: a PIE rule that repeals an old law and replaces it with a new law: b: a PIE rule that is amended after the commencement of section 292(2) of this Act, with effect from the date on which the amendment comes into force. Defined in this Act: PIE rules, portfolio investment entity HZ 6: Saving of binding rules relating to portfolio investment entities When, and extent to which, this section applies 1: This section applies when, and to the extent to which,— a: before the commencement of this Act,— i: an applicant has applied for a private ruling, a product ruling, or a status ruling, on an arrangement that is entered into, or that the applicant seriously contemplates will be entered into, before the commencement of this Act: ii: a public ruling is issued; and b: the binding ruling is about a provision of the Income Tax Act 2007 relating to portfolio investment entities (the old law c: the PIE rules corresponding to the old law (the new law d: the binding ruling— i: continues to exist at the commencement of this Act: ii: is made after the commencement of this Act in relation to an old law before 1 April 2010: iii: is made in relation to an old law provision of the Income Tax Act 2004 to which section ZA 4 (Saving of binding rulings) of the Income Tax Act 2007 applies, that continues to exist at the commencement of this Act; and e: in the absence of this section, the commencement of this Act would mean that the binding ruling would cease to apply because of section 91G of the Tax Administration Act 1994. Ruling about new law 2: The binding ruling is treated as if it were made about the new law, so that the effect of the ruling at the commencement of this Act is the same as its effect before the commencement. No confirmation rulings 3: To the extent to which a binding ruling continued by subsection (2) exists and applies to an arrangement, or to a person and an arrangement, the Commissioner must not make a binding ruling on how— a: the new law applies to the arrangement or to the person and the arrangement; or b: this subsection applies to the arrangement or to the person and the arrangement. Defined in this Act: arrangement, binding ruling, Commissioner, PIE rules, portfolio investment entity . 2: Subsection (1) applies for the 2010–11 and later income years. 296: Restrictions relating to ring-fenced tax losses 1: Section IA 7(3) 2: In section IA 7(5) provisions that deal with this net loss provisions that deal with this net loss, other than the surplus amount, 3: In section IA 7(6) IQ 3 IQ 3(3) 4: Section IA 7(10) Net losses of multi-rate PIEs 10: The general rules do not apply to a multi-rate PIE's net loss when the PIE does not calculate and pay tax using the provisional tax calculation option under section HM 44 (Provisional tax calculation option). 5: In section IA 7 life insurer policyholder net loss 6: In section IA 7 a: portfolio tax rate entity b: multi-rate PIE PIE provisional tax 7: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 8: Subsections (2) and (3) apply for the 2008–09 and later income years. 9: Subsection (4) applies for the 2010–11 and later income years. 297: Restrictions relating to schedular income 1: After the opening words in section IA 8(1) (aa): paragraph (a), which relates to life insurers' schedular policyholder base income; or . 2: Section IA 8(1)(a) 3: In section IA 8 schedular policyholder base income 4: Subsections (1) and (3) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 5: Subsection (2) applies for the 2008–09 and later income years. 298: Common ownership: group of companies 1: Section IC 3(2B)(b) b: the other companies in the group are either portfolio tax rate entities or portfolio land companies. 2: Section IC 3(2B) When multi-rate PIEs included in group 2B: In relation to 2 or more companies of which 1 is a multi-rate PIE, the companies are treated as a group of companies at a particular time or for a particular period if— a: the PIE owns 100% of the voting interests in the other companies; and b: the other companies in the group are either multi-rate PIEs or land investment companies. 3: In section IC 3 a: portfolio land company portfolio tax rate entity b: land investment company multi-rate PIE voting interest 4: Subsection (1) applies for the 2008–09 and 2009–10 income years. 5: Subsection (2) applies for the 2010–11 and later income years. 299: New section IC 13 added After section IC 12 IC 13: Variation of requirements for development companies in Niue When this section applies 1: This section applies in relation to the required common ownership of group companies set out in sections IC 2(2), IC 3, and IC 5(1)(a) for the purposes of providing relief to company A for losses incurred in connection with development work in Niue. Order in Council 2: The Governor-General may make an Order in Council varying the threshold in section IC 3(1)(a) and (b) applying to company A if satisfied that the company— a: is carrying on a business or enterprise that— i: has been or is carried on wholly or mainly for the development of Niue: ii: has been or is important to the development of Niue; and b: has incurred expenditure wholly or mainly in deriving income from Niue or in the course of carrying on a business or enterprise in Niue for the purpose of deriving income. Named company 3: For the purposes of subsection (2), company A must be a company named in the order. Application of order 4: The order may specify a period or periods to which it applies. If no period is specified, the order applies to the whole commonality period. Defined in this Act: business, commonality period, company, group of companies, income . 300: Pre-consolidation losses: use by group companies 1: Section ID 3(1) 1: This section applies in a tax year when— a: a company ( company A b: company A, in the continuity period relating to a tax loss component included in the loss balance, does not have the required common ownership under section IC 3 (Common ownership: group of companies) with 1 or more companies in the consolidated group. 2: In section ID 3 tax loss component 3: Subsection (1) applies for the 2008–09 and later income years. 301: When this subpart applies 1: Section IP 1(1)(a) and (b) a: when commonality of ownership required by section IC 5(1)(a) (Company B using company A's tax loss) is not met during a tax year (a commonality breach b: when continuity of ownership required by section IA 5(1) (Restrictions on companies' loss balances carried forward) is broken during a tax year, or when a new or existing company joins a group of companies during a tax year (a continuity breach 2: Subsection (1) applies for the 2008–09 and later income years. 302: Ring-fencing cap on attributed CFC net losses 1: After section IQ 2(1) Attributed CFC net losses from year after transition 1B: If a person's attributed CFC net loss relates to an income year for which section IQ 2B applies to the person and is carried forward to the tax year, the amount used for the tax year in reducing the person's net income is equal to the amount subtracted under subsection (1). Attributed CFC net losses from income year before transition 1C: If a person's attributed CFC net loss relates to an income year before section IQ 2B applies to the person and is carried forward to a tax year in which section IQ 2B applies to the person,— a: the amount available in the tax year for reducing the person's net income is equal to the equivalent CFC loss under section IQ 2B: b: the amount of that attributed CFC net loss that is not available to the person after the tax year is equal to the converted BE loss under section IQ 2B. 2: Section IQ 2(3) 3: If the person cannot use all of the maximum amount referred to in subsection (1) because there is insufficient net income, the surplus is no longer available to them as a CFC net loss, but becomes a tax loss component under section IA 2(4) (Tax losses). 3: Subsection (1) 4: Subsection (2) applies for the 2008–09 and later income years. 303: New section IQ 2B inserted 1: After section IQ 2 IQ 2B: Attributed CFC net loss from tax year before first affected year When this section applies 1: This section applies when a person has an amount (the available BE loss a: relates to a tax year before the first tax year for which this section applies to the person; and b: relates to a CFC or FIF that is resident in a country (the jurisdiction c: is carried forward to a tax year (the conversion year What this section does 2: In this section, subsection (3) gives the person an option that available BE loss for a jurisdiction not be carried forward and subsections (4) to (7) give, for whichever of the 4 possible alternative situations is relevant for the person,— a: the amount of the available BE loss (the converted BE loss i: treated as being converted into an amount referred to in paragraph (b) in the conversion year; and ii: is not available to the person to be carried forward as available BE loss for a later tax year: b: the amount (the equivalent CFC loss Option: loss not carried forward 3: A person may choose by giving a notice in a form and at a time acceptable to the Commissioner that the available BE loss for a jurisdiction not be carried forward under this section. Person not resident group member: more jurisdictional BE income 4: For a person who is not a resident group member and has jurisdictional BE income for the conversion year that is greater than zero and greater than the person's jurisdictional attributed income for the conversion year,— a: the person's converted BE loss in the conversion year is the lesser of— i: the person's jurisdictional BE income for the conversion year: ii: the person's available BE loss for the conversion year: b: the person's equivalent CFC loss is the lesser of— i: the person's jurisdictional attributed income for the conversion year: ii: the amount calculated by dividing the person's available BE loss for the conversion year by the person's jurisdictional income ratio for the conversion year. Person not resident group member: more jurisdictional attributed income 5: For a person who is not a resident group member and has jurisdictional attributed income for the conversion year that is greater than or equal to zero and greater than or equal to the person's jurisdictional BE income for the conversion year,— a: the person's converted BE loss for the conversion year is the lesser of— i: the person's available BE loss for the conversion year: ii: the person's jurisdictional attributed income for the conversion year: b: the person's equivalent CFC loss is equal to the person's converted BE loss for the conversion year. Resident group member: more jurisdictional BE income 6: For a person who is a resident group member for a wholly-owned group of companies and has jurisdictional BE income for the conversion year that is greater than zero and greater than the person's jurisdictional attributed income for the conversion year,— a: the person's converted BE loss for the conversion year is the lesser of— i: the person's available BE loss for the conversion year: ii: the greater of the person's jurisdictional BE income for the conversion year and the amount calculated by multiplying the group's jurisdictional income ratio for the conversion year by the person's jurisdictional attributed income for the conversion year: b: the person's equivalent CFC loss is the amount calculated by dividing the person's converted BE loss for the conversion year by the group's jurisdictional income ratio for the conversion year. Resident group member: more jurisdictional attributed income 7: For a person who is a resident group member and has jurisdictional attributed income for the conversion year that is greater than or equal to zero and greater than or equal to the person's jurisdictional BE income for the conversion year,— a: the person's converted BE loss for the conversion year is the lesser of— i: the person's available BE loss for the conversion year: ii: the person's jurisdictional attributed income for the conversion year multiplied by the group's jurisdictional income ratio for the conversion year: b: the person's equivalent CFC loss is equal to the amount calculated by dividing the person's converted BE loss for the conversion year by the group's jurisdictional income ratio for the conversion year. Election by person or group to fix jurisdictional income ratio 8: A person or wholly-owned group may choose under this subsection by notice, in a form and at a time acceptable to the Commissioner, that the person or members of the group use a jurisdictional income ratio— a: equal to the average of the jurisdictional income ratios for the person or group, under paragraph (b) of the definition in subsection (9), for 2 consecutive tax years— i: beginning at or after the beginning of the 2010–11 tax year; and ii: in each of which the person or group has jurisdictional BE income; and b: for all tax years after the 2 tax years referred to in paragraph (a). Some definitions 9: For a person or wholly-owned group and a tax year for which the person or members of the wholly-owned group have an income interest in a CFC that is resident in a country or territory (the jurisdiction jurisdictional attributed income a: for a person and the tax year, the amount that is the greater of zero and the amount calculated by— i: finding, for each CFC resident in the jurisdiction, the attributed CFC income or loss of the person from the CFC for the tax year: ii: finding, for each FIF resident in the jurisdiction for which the person uses the branch equivalent method, the FIF income or loss of the person from the FIF for the tax year: iii: subtracting the total of loss amounts under subparagraphs (i) and (ii) from the total of income amounts under subparagraphs (i) and (ii): b: for a wholly-owned group and the tax year, the amount that is the greater of zero and the attributed CFC income or loss and FIF income or loss, treating losses as negative, of members of the group who are New Zealand residents from CFCs and FIFs that are resident in the jurisdiction for the tax year, consolidated for the purposes of the financial statements of the group jurisdictional BE income a: for a person and the tax year, the amount that is the greater of zero and the amount calculated by— i: multiplying, for each CFC resident in the jurisdiction, the person's income interest in the CFC for the tax year by the branch equivalent income or loss of the CFC for the tax year or, if the person chooses, by the amount given by subsection (10) for the CFC for the tax year: ii: finding, for each FIF resident in the jurisdiction for which the person uses the branch equivalent method, the FIF income or loss of the person from the FIF for the tax year: iii: subtracting the total of loss amounts under subparagraphs (i) and (ii) from the total of income amounts under subparagraphs (i) and (ii): b: for a wholly-owned group and the tax year, the amount that is the greater of zero and the amount calculated, treating losses as negative, by— i: multiplying, for each CFC resident in the jurisdiction, the income interest in the CFC of members of the group who are New Zealand residents for the tax year by the branch equivalent income or loss of the CFC for the tax year or, if the group chooses, by the amount given by subsection (10) for the CFC for the tax year: ii: consolidating the results for the purposes of the financial statements of the group jurisdictional income ratio a: for a person that has not made an election under subsection (8), means the greater of 1 and the amount calculated by dividing the person's jurisdictional BE income for the tax year by the person's jurisdictional attributed income for the tax year: b: for a wholly-owned group that has not made an election under subsection (8) for the tax year, means the greater of 1 and the amount calculated by dividing the group's jurisdictional BE income for the tax year by the group's jurisdictional attributed income for the tax year: c: for a person or wholly-owned group that has made an election under subsection (8) for the tax year, means the amount given by subsection (8) for the person or group and the tax year resident group member Option to determine jurisdictional BE income from accounts 10: In determining the jurisdictional BE income of a person or wholly-owned group, the person or group may choose to use, instead of the branch equivalent income or loss of a CFC, the profit or loss of the CFC before taxation given by accounts— a: complying with generally accepted accounting practice in New Zealand or an equivalent standard for the consistent and undistorted reporting of net profits in the country in which the accounts are prepared; and b: audited by an accountant who is— i: a chartered accountant or an accountant of equivalent professional standard in the country in which the accounts are prepared; and ii: independent of the CFC and the person or wholly-owned group; and c: are given an unqualified opinion or an opinion of equivalent standard in the country in which the accounts are prepared. Defined in this Act: attributed CFC income, attributed CFC loss, branch equivalent income, branch equivalent loss, CFC, group of companies, income interest, jurisdictional attributed income, jurisdictional BE income, jurisdictional income ratio, New Zealand resident, resident group member, tax year, wholly-owned group, wholly-owned group of companies . 2: Subsection (1) 304: Ring-fencing cap on FIF net losses 1: Section IQ 3(1) 1: If a person's FIF net loss is carried forward to a tax year, and they have calculated the amount of FIF net loss under the branch equivalent method, the maximum amount that they may subtract from their net income for the tax year must be no more than— a: all attributed CFC income that they derive in the tax year in relation to a CFC resident in the country in which the loss arose; and b: all FIF income calculated under the branch equivalent method that they derive in the tax year in relation to a FIF resident in the country in which the loss arose. 2: After section IQ 3(2) Treatment of excess 3: If the person cannot use all of the maximum amount referred to in subsection (1) because there is insufficient net income, the surplus is no longer available to them as a FIF net loss, but becomes a tax loss component under section IA 2(4) (Tax losses). 3: In section IQ 3 attributed CFC income CFC 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 305: Group companies using attributed CFC net losses 1: In section IQ 4(3)(a) a: the amount of the tax loss that company A may make available to another group company ( company B . 2: Subsection (1) 306: Group companies using FIF net losses 1: Section IQ 5(3)(a) a: if the FIF net loss is calculated under the branch equivalent method, the maximum amount that may be made available in the tax year must be no more than— i: all attributed CFC income that another group company derives in the tax year in relation to a CFC resident in the country in which the loss arose; and ii: all FIF income calculated under the branch equivalent method that another group company derives in the tax year in relation to a FIF resident in the country in which the loss arose. 2: In section IQ 5 attributed CFC income CFC 3: Subsection (1) applies for the 2008–09 and later income years. 307: Subpart IT replaced 1: Subpart IT IT: Cancellation of life insurer's losses IT 1: Cancellation of life insurer's policyholder net losses What this section applies to 1: This section applies to the amount of a life insurer's tax loss to be carried forward to the tax year corresponding to the income year that includes 1 July 2010 (the tax year cancelled amount Cancellation of life insurer's policyholder net losses 2: The cancelled amount— a: is removed from the life insurer's available tax loss for the tax year, except as provided by section EY 5(2) b: must not be subtracted from the life insurer's net income under section BC 5 (Taxable income) for the tax year, except as provided by section EY 5(2) c: is not a tax loss component on and after 1 July 2010; and d: is cancelled on and after 1 July 2010. Defined in this Act: available tax loss, income year, life insurer, net income, policyholder net loss, ring-fenced tax loss, tax loss, tax loss component, tax year IT 2: Cancellation of life insurer's tax loss when allowed into policyholder base What this section applies to 1: This section applies to the amount of a life insurer's tax loss to be carried forward to a tax year corresponding to an income year that includes 1 July 2010 and later tax years. Cancellation of life insurer's tax loss 2: When the life insurer has for an income year a policyholder base allowable deduction as provided by section EZ 61 (Allowance for cancelled amount: spreading), an equal amount— a: is removed from the life insurer's available tax loss for the tax year corresponding to the income year; and b: must not be subtracted from the life insurer's net income under section BC 5 for the tax year; and c: is not a tax loss component; and d: is cancelled. Defined in this Act: available tax loss, income year, life insurer, net income, policyholder base allowable deduction, tax loss, tax loss component, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 308: Remaining refundable credits: PAYE, RWT, and certain other items 1: In section LA 6(1)(e) authority credits). authority credits): f: section LS 1 (Tax credits for portfolio tax rate entities and investors). 2: In section LA 6(1)(f) (Tax credits for portfolio tax rate entities and investors) (Tax credits for multi-rate PIEs) 3: Subsection (2) applies for the 2010–11 and later income years. 309: Remaining refundable credits: tax credits for families 1: In section LA 7 Remaining refundable credits: tax credits under social policy schemes 2: Section LA 7(1) What this section applies to 1: This section applies to a person's tax credit remaining for a tax year under section LA 5(5), if it is a tax credit under— a: section LB 4 (Tax credits for families): b: section LD 1(5) (Tax credits for charitable and other public benefit gifts). 310: New section LA 8B inserted 1: After section LA 8 LA 8B: General rules particular to life insurers Apportionment 1: For the purposes of this subpart, a life insurer’s total tax credit is apportioned between their policyholder base and shareholder base, to the extent to which section EY 4 (Apportionment of income of particular source or nature, and of tax credits) applies and apportions the credit. Unsatisfied income tax liability 2: Despite section LA 3,— a: a life insurer has an unsatisfied income tax liability to the extent to which— i: the tax credit apportioned to their policyholder base is less than their schedular income tax liability for schedular policyholder base income (the policyholder base income tax liability ii: the tax credit apportioned to their shareholder base is less than their income tax liability for the tax year, calculating their income tax liability (the shareholder base income tax liability b: the amount of unsatisfied income tax liability is the total of the difference, if any, described in paragraph (a)(i) and the difference, if any, described in paragraph (a)(ii): c: the amount of unsatisfied income tax liability under paragraph (b) is satisfied when the life insurer pays their terminal tax for the tax year. Use of credits 3: Despite section LA 4,— a: if the tax credit apportioned to the policyholder base or the shareholder base is greater than the relevant base income tax liability described in subsection (2)(a)(i) or (ii), the tax credit is used, in the order prescribed in section LA 4(1), to satisfy the relevant base income tax liability. There is no cross-crediting: b: tax credits not used under paragraph (a) are treated as remaining tax credits referred to in section LA 4(2) and the life insurer must deal with the credits under section LA 5. Defined in this Act: income tax liability, life insurer, policyholder base, schedular policyholder base income, shareholder base, shareholder base allowable deduction, shareholder base income, tax credit, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 311: Use of tax credits 1: In section LA 9 Section OZ 11 (Tax credits for imputation credits and FDP credits) may apply to modify this section. 2: Subsection (1) applies for the 2008–09 and later income years. 312: Section LB 1 replaced Section LB 1 LB 1: Tax credits for PAYE income payments When this section applies 1: This section applies in a tax year when an employer provides the Commissioner with an employer monthly schedule that shows an amount of tax withheld from a PAYE income payment of a person who is an employee. Amount of credit 2: The person has a tax credit for the tax year equal to the amount of tax shown as withheld. Application to close companies 3: Despite subsection (2), the amount of the tax credit must be no more than the amount of tax paid to the Commissioner if— a: the employer is a close company; and b: the employer and the person are associated persons, or the employer and the spouse, civil union partner, or de facto partner of the person are associated persons; and c: the employer withheld the amount of tax for the PAYE income payment shown in the employer monthly schedule. Exclusions 4: The person's credit is extinguished if the Commissioner does not receive an employer monthly schedule for the relevant amount of tax, or when the relevant particulars of the schedule are incorrect. However, the credit is restored to the person if the relevant matter is corrected and, for the purposes of this section, it is as if the error had not been made. Defined in this Act: amount, amount of tax, associated person, close company, Commissioner, employee, employer, employer monthly schedule, pay, PAYE income payment, tax credit . 313: Tax credits for resident withholding tax 1: Section LB 3(3) Multi-rate PIEs and their investors 3: For a multi-rate PIE and an investor in a multi-rate PIE, the amount of a tax credit is limited to the extent allowed under subpart HM (Portfolio investment entities). 2: In section LB 3 portfolio tax rate entity multi-rate PIE 3: Subsection (1) applies for the 2010–11 and later income years. 314: Tax credits for families 1: In section LB 4 Tax credits under subparts MD and ME . 2: In section LB 4 Adjustments for credits used 2: The person's tax credit is adjusted if an instalment of the credit under subpart MF (Payment of credits) is used to satisfy an amount of tax for an earlier income year. The adjustment to the tax credit is equal to the total amount of instalments payable under section MF 1 (Application for payment of tax credit by instalment) that are recovered by the Commissioner under section MF 6 3: In section LB 4 amount of tax corresponding income year pay 4: In section LB 4 , MD 1(3A) 5: Subsections (1) and (2) apply for the 2008–09 and later income years. 315: Tax credits related to personal service rehabilitation payments: providers 1: Section LB 7(4)(b) b: tax rate i: for a payment to which section RD 18 (Schedular payments without notification) applies, the rate under schedule 4, part I, clause 1 together with any additional amount required to be withheld under section RD 18, determined using the rates set out in that section: ii: for a payment to which a special tax rate certificate applies, the rate applying to the payment as determined by the Commissioner under section 24N of the Tax Administration Act 1994. 2: Subsection (1) applies for the 2008–09 and later income years. 316: Tax credits related to personal service rehabilitation payments: payers 1: Section LB 8(3)(c) c: tax rate i: for a payment to which section RD 18 (Schedular payments without notification) applies, the rate under schedule 4, part I, clause 1 together with any additional amount required to be withheld under section RD 18, determined using the rates set out in that section: ii: for a payment to which a special code applies, the rate applying to the payment as determined by the Commissioner under section 24N of the Tax Administration Act 1994. 2: Subsection (1) applies for the 2008–09 and later income years. 317: Tax credits for transitional circumstances 1: In section LC 4(4) 0.020 0.20 2: Subsection (1) applies for the 2008–09 and later income years. 318: Tax credits for housekeeping In section LC 6(4) section LA 7 (Remaining refundable credits: tax credits for families) section LA 7 319: Subpart LD heading replaced The heading to subpart LD Tax credits for gifts and donations 320: New heading inserted Before section LD 1 Charitable and other public benefit gifts 321: Tax credits for charitable or other public benefit gifts In section LD 1(5) section LA 7 (Remaining refundable credits: tax credits for families) section LA 7 322: Exclusions 1: In section LD 2 Section LD 1 does not apply to— 2: In section LD 2(f) trusts). trusts): g: in relation to the credit, a person who has a tax credit for a payroll donation. 323: New heading and sections LD 4 to LD 8 added After section LD 3 Payroll donations LD 4: Tax credits for payroll donations Who this section applies to 1: This section applies to a person who— a: is an employee whose employer— i: files by electronic means an employer monthly schedule and a PAYE income payment form with particulars relating to the person's PAYE income payments for a pay period; and ii: agrees to offer payroll giving to their employees; and b: chooses to make a payroll donation in the pay period from an amount derived as pay. Amount of credit 2: The person has a tax credit for the pay period equal to an amount calculated using the formula— total donations × 33 1 3 Definition of item in formula 3: In the formula, total donations Maximum credit 4: Despite subsection (2), the amount of the tax credit must not be more than the amount of tax for the person's pay for the period. Non-refundable credits 5: A credit under this section is a non-refundable tax credit to which section LA 4(1) (When total tax credit more than income tax liability) applies for the tax year in which the period falls. No refunds for donations 6: A person who has a tax credit under this section may not make an application under section 41A of the Tax Administration Act 1994 for any refund relating to the amount of a payroll donation. Meaning of pay for payroll donation purposes 7: For the purposes of this section, and sections LD 8(1) and 24Q of the Tax Administration Act 1994, pay a: means an amount referred to in section RD 5(1)(a) or (b)(i) (Salary or wages); and b: includes any similar amount earned by an employee in the normal course of their employment; and c: excludes a benefit or grant, a payment of fees, a payment of compensation for accident or loss of employment or services, an amount paid for attendant care, or any other similar benefit in money. Defined in this Act: amount, amount of tax, employee, employer, employer monthly schedule, employment, non-refundable tax credit, pay, pay period, PAYE income payment, PAYE income payment form, payroll donation, salary or wages, tax credit LD 5: Calculating amount of tax credit and filing particulars Employer's responsibility 1: The employer of a person who makes a payroll donation in a pay period must calculate the amount of the person's tax credit for the pay period under section LD 4, and include the amount in the particulars described in section LD 4(1)(a). Credit extinguished 2: The tax credit is extinguished if— a: the Commissioner does not receive an employer monthly schedule and PAYE income payment form for the relevant payroll donation: b: the relevant particulars filed are incorrect. When matters corrected 3: Despite subsection (2), the credit is restored to the person if the relevant matter is corrected and, for the purposes of this section, it is as if the error had never been made. Defined in this Act: amount, Commissioner, employer, employer monthly schedule, pay period, PAYE income payment form, payroll donation, tax credit LD 6: When donation is paid to ineligible recipient When this section applies 1: This section applies for the purposes of section LD 4 when the employer or PAYE intermediary transfers the person's payroll donation to an entity that is not a donee organisation. Credit extinguished 2: The tax credit is extinguished. Consequences when credit extinguished 3: The consequences that arise when a tax credit is extinguished under subsection (2) are— a: the amount of the credit is included in the person's tax credits for PAYE income payments under section LB 1 b: when the extinguishing of the credit results in a shortfall in an amount of tax for a PAYE income payment, section RD 4 (Payment of amounts of tax to Commissioner) applies to the shortfall. Defined in this Act: amount, amount of tax, donee organisation, employer, pay period, PAYE income payment, payroll donation, tax credit, tax year LD 7: When donation returned to person When this section applies 1: This section applies for the purposes of section LD 4 when the amount of a payroll donation is, for whatever reason, returned to the person. Treatment of credit 2: The tax credit is extinguished. Consequences when credit extinguished 3: The consequences that arise when a tax credit is extinguished under subsection (2) are— a: the amount of the credit is included in the person's tax credits for PAYE income payments under section LB 1 b: when the extinguishing of the credit results in a shortfall in an amount of tax for a PAYE income payment, section RD 4 (Payment of amounts of tax to Commissioner) applies to the shortfall. Defined in this Act: amount, amount of tax, pay period, PAYE income payment, payroll donation, tax credit, tax year LD 8: Meaning and ranking of payroll donation Meaning 1: A payroll donation Priorities of amounts withheld and other deductions 2: A person may make a payroll donation for a pay period only after satisfying— a: any tax obligation they may have: b: any statutory or legal requirement they may be obliged to meet from their PAYE income payment. Defined in this Act: amount, donee organisation, pay, pay period, PAYE income payment, payroll donation . 324: Tax credits for imputation credits 1: In section LE 1(1) Section OZ 11 (Tax credits for imputation credits and FDP credits) may apply to modify this section. tax year. 2: After section LE 1(1) Portfolio tax rate entities and their investors 1B: An investor in a portfolio tax rate entity who is allocated an imputation credit under section HL 29(7)(b) (Credits received by portfolio tax rate entity or portfolio investor proxy) has a tax credit for the tax year of an amount equal to the amount of the imputation credit. 3: Section LE 1(1B) Multi-rate PIEs and their investors 1B: An investor in a multi-rate PIE who has an imputation credit attributed for use under section HM 54 (Use of tax credits other than foreign tax credits by investors) has a tax credit for the tax year of an amount equal to the amount of the imputation credit. 4: Section LE 1(4) 5: In section LE 1 portfolio tax rate entity multi-rate PIE 6: Subsection (1) applies for the 2008–09 and later income years. 7: Subsection (3) applies for the 2010–11 and later income years. 325: Use of remaining credits by companies and trustees 1: Section LE 2(1) When this section applies 1: This section applies when–– a: a person described in subsection (2) has an amount of tax credit remaining for a tax year under section LA 5(4) (Treatment of remaining credits): b: a life insurer has an amount of tax credit remaining for a tax year under section LA 5(4), but only to the extent to which the amount is for their shareholder base. 2: In section LE 2(2) a: in the words before the paragraphs, subsection (1) subsection (1)(a) b: in paragraph (a), company company that is not a life insurer 3: In section LE 2(3) The person The person or the life insurer, as applicable, 4: In section LE 2(4)(a) section LA 5(4) section LA 5(4), but, for a life insurer, only to the extent to which the amount is for their shareholder base 5: In section LE 2 life insurer shareholder base 6: Subsections (1) to (4) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 326: New section LE 2B inserted 1: After section LE 2 LE 2B: Use of remaining credits by life insurer on policyholder base When this section applies 1: This section applies to a life insurer who has an amount of tax credit remaining for a tax year (the surplus credit year Policyholder base allowable deduction 2: The life insurer has a deduction included as their policyholder base allowable deduction, for the income year corresponding to the tax year after the surplus credit year equal to an amount calculated using the formula–– policyholder remaining credit policyholder rate. Definition of items in formula 3: In the formula,–– a: policyholder remaining credit b: policyholder rate Defined in this Act: amount, deduction, income tax, income year, life insurer, policyholder base, policyholder base allowable deduction, tax credit, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 327: Use of remaining credits by others 1: In section LE 3(1) section LE 2(2) section LE 2(2) or a life insurer 2: In section LE 3 life insurer 3: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 328: Tax credits for FDP credits 1: Section LF 1(4) Multi-rate PIEs and their investors 4: For a multi-rate PIE and an investor in a multi-rate PIE, the amount of a tax credit is limited to the extent allowed under subpart HM (Portfolio investment entities). 2: In section LF 1 a: portfolio tax rate entity b: multi-rate PIE 3: Subsection (1) applies for the 2010–11 and later income years. 329: Subpart LH—Tax credits for expenditure on research and development In sections LH 1 to LH 17 330: Who this subpart applies to 1: After section LH 1(1)(a) ab: is a New Zealand resident member of a group of companies, and another New Zealand resident member would meet the requirements described in paragraph (a): . 2: After section LH 1(2)(a) ab: a Crown entity, as that term is defined in the Crown Entities Act 2004: . 3: In section LH 1(2) a: in paragraph (b), paragraph (a) paragraph (a) or (ab) b: in paragraph (c), paragraph (a) or (b) paragraph (a), (ab), or (b) 4: After section LH 1(2) Excluded income 3: A tax credit that a person has under this subpart is excluded income of the person. 5: In section LH 1 excluded income group of companies New Zealand resident 6: Subsections (1) to (4) apply for the 2008–09 and later income years. 331: Tax credits relating to expenditure on research and development 1: After section LH 2(6) Treatment when tax credit used under subsection (6) 7: The amount of a tax credit used under subsection (6) is treated as excess tax for the purposes of Part 10B of the Tax Administration Act 1994. 2: Subsection (1) applies for the 2008–09 and later income years. 332: Requirements 1: After section LH 3(1)(a)(i) ib: the business, or an intended business, of the relevant member of the group of companies that meets the requirements described in section LH 1(1)(a) for the purposes of section LH 1(1)(ab): . 2: After section LH 3(5) Groups of companies 6: A person is treated as meeting the requirements of— a: subsection (1)(b), if, for the relevant income year or period in the income year, the person is a New Zealand resident member of a group of companies and the requirements of subsection (1)(b) would be met by another New Zealand resident member: b: subsection (1)(d), if, for the relevant income year or period in the income year, the person is a New Zealand resident member of a group of companies and the requirements of subsection (1)(d) would be met by another New Zealand resident member, or by another member that is controlled by a New Zealand resident member. 3: In section LH 3 control group of companies New Zealand resident 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 333: Adjustments to eligible expenditure 1: In section LH 5(4) c: the expenditure is incurred by the person, and— i: the expenditure is incurred in the intended development of depreciable property that is intangible property or is tangible property intended only for use in the research and development activities: ii: the expenditure is described in schedule 21, part A, clause 1, 3, or 9, and is incurred solely in activities described in section LH 7(1)(a), and is not incurred directly in the construction of tangible property; and d: in the case of expenditure that is an amount of employment income, the amount has been paid at the end of–– i: the 63rd day after the end of the person's income year, for an employee's employment income; or ii: the last date by which the person could file a return of income for the income year if the time for filing were extended to its maximum under section 37(5) of the Tax Administration Act 1994, for a shareholder-employee's employment income. 2: In section LH 5 employee employment income shareholder-employee 3: Subsection (1) applies for the 2008–09 and later income years. 334: New section LH 14B inserted 1: After section LH 14 LH 14B: Recovery of overpaid tax credit When this section applies 1: This section applies when the Commissioner considers the amount of a tax credit under this subpart that is used under sections LA 2, LA 6(2), or LH 2(6) (which relate to tax credits) for a tax year is more than the proper amount. Recovery of overpayment 2: The Commissioner may recover the excess as if it were income tax payable by the person. Defined in this Act: amount, Commissioner, income tax, pay, tax credit, tax year . 2: Subsection (1) applies for the 2008–09 and later income years. 335: What this subpart does 1: Section LJ 1(3) 2: After section LJ 1(5) Relationship with section YD 5 6: Section YD 5 (Apportionment of income derived partly in New Zealand) applies to determine how an amount is apportioned to sources outside New Zealand. 3: Subsection (1) applies for the 2008–09 and later income years. 336: Tax credits for foreign income tax 1: Section LJ 2(2) 2: The amount of the person's credit in subsection (1) must not be more than the amount of New Zealand tax payable by the person in relation to the segment calculated under section LJ 5(2), modified as necessary under section LJ 5(4). 2: Section LJ 2(5) Multi-rate PIEs and their investors 5: For a multi-rate PIE and an investor in a multi-rate PIE, the amount of a tax credit is limited to the extent allowed under subpart HM (Portfolio investment entities). 3: After section LJ 2(5) When subsection (7) applies 6: Subsection (7) applies to a person who derives an amount from an attributing interest in a FIF when the amount is treated as not being income under section EX 59(2) (Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method). Tax credit 7: The person has a tax credit under this subpart for foreign income tax paid on or withheld in relation to the amount. The calculation of the maximum amount of the tax credit is made under section LJ 5(2), modified so that the item segment 4: In section LJ 2 a: portfolio tax rate entity b: multi-rate PIE 5: In section LJ 2 attributing interest FIF FIF income income tax credit 6: Subsections (1) and (3) apply for the 2008–09 and later income years. 7: Subsection (2) applies for the 2010–11 and later income years. 337: Section LJ 3 replaced Section LJ 3 LJ 3: Meaning of foreign income tax For the purposes of this Part, foreign income tax Defined in this Act: amount, income tax 2004 No 35 s LC 1(1) . 338: Calculation of New Zealand tax 1: In section LJ 5(4) NZ tax under subsection (2) for all segments NZ tax 2: After section LJ 5(4) Definition of item in formula 4B: In the formula in subsection (4), NZ tax 3: Section LJ 5(6)(b) b: losses i: is the amount of the loss balance carried forward to the tax year that the person must subtract from their net income under section IA 4(1)(a) (Using loss balances carried forward to tax year): ii: must be no more than the amount of the person's net income: . 4: In section LJ 5 New Zealand 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 339: Section LJ 7 replaced by new sections LJ 7 and LJ 8 1: Section LJ 7 LJ 7: Repaid foreign tax: effect on income tax liability Who this section applies to 1: This section applies to a person who has— a: paid an amount of foreign income tax, or in relation to whom an amount of foreign income tax has been paid, on a segment of foreign-sourced income in relation to which they are entitled to a tax credit under section LJ 2; and b: received a refund, amount, or benefit (the refund When refund received before assessment 2: If the person receives the refund before they assess their income tax liability for a tax year, the amount of the tax credit for the foreign income tax paid is reduced by the lesser of— a: the amount of the refund: b: the amount of New Zealand tax payable on the foreign-sourced income calculated under section LJ 5. When refund received after assessment 3: If the person receives the refund after they have assessed their income tax liability for a tax year, have used an amount of foreign tax credit in satisfying that liability, and have not taken the refund into account in that assessment, the person is liable to pay the Commissioner the lesser of— a: the amount of the refund: b: the amount of New Zealand tax payable on the foreign income calculated under section LJ 5. Date for payment 4: In subsection (3), the date for payment is the later of— a: the date on which the person receives the refund: b: 30 days after the date on which the person's return of income for the tax year is filed. Associated persons 5: For the purposes of this section, the refund is treated as received by the person, whether it is received by the person, a person who paid the foreign income tax, or a person associated with either of them. Defined in this Act: amount, associated person, Commissioner, foreign income tax, income tax liability, New Zealand, New Zealand tax, pay, return of income, segment of foreign-sourced income, tax credit, tax year 2004 No 35 ss LC 1(3A), (3B), LC 3 LJ 8: Repaid foreign tax: effect on FDP liability Who this section applies to 1: This section applies to a person who receives a foreign dividend from a foreign dividend company, and the person or the company has— a: paid an amount of foreign income tax, or in relation to whom an amount of foreign income tax has been paid or withheld; and b: received a refund, amount, or benefit (the refund When refund received before calculation of FDP 2: If the person or company receives the refund before the person calculates the amount of FDP payable under section RG 4 (Calculating amount of FDP) for a tax year, the formula is modified as follows: a: if the refund relates to foreign withholding tax on the dividend, the item foreign tax b: if the refund relates to foreign income tax taken into account in the item total tax paid tax withheld i: the item foreign tax paid ii: the item tax withheld When subsection (4) applies 3: Subsection (4) applies if— a: the person or company receives the refund after the person has calculated the amount of FDP payable for a tax year under section RG 4; and b: the person has taken the amount of foreign income tax paid or withheld into account in that calculation in the items foreign tax underlying credit c: the person has not taken the refund into account in that calculation. When refund received after calculation of FDP 4: The person must recalculate the FDP liability for the tax year and pay the difference to the Commissioner as FDP. Date for payment 5: For the purposes of subsection (4), the date for payment is the later of— a: the date the person or company receives the refund: b: the date for payment of FDP to the Commissioner in relation to the foreign dividend received for which the recalculation is required. Associated persons 6: For the purposes of this section, the refund is treated as received by the person or company, whether it is received by the person or company, a person who paid or withheld the foreign income tax, or a person associated with any of them. Defined in this Act: amount, associated person, Commissioner, FDP, foreign dividend, foreign dividend company, foreign income tax, income tax, pay, tax year 2004 No 35 ss LC 1(3A), (3B), LC 3 . 2: Subsection (1) applies for the 2008–09 and later income years. 340: Tax credits relating to attributed CFC income 1: Section LK 1(1) 1: A person who has an amount of attributed CFC income for an income year has a tax credit for the tax year corresponding to the income year equal to the following amounts paid or payable in relation to the attributed CFC income: a: an amount of income tax paid by the CFC from which the income is derived: b: an amount of tax withheld and paid on behalf of the CFC from which the income is derived: c: the amount of foreign income tax paid by the CFC from which the income is derived: d: the amount of foreign income tax paid by the person under legislation of another country or territory that is the equivalent of the international tax rules. 2: In section LK 1(3) a: foreign country foreign country or territory b: the second sentence is omitted. 3: After section LK 1(4) When subsection (7) applies 5: Subsection (7) applies when— a: a person has a credit under subsection (1) in relation to an amount of income tax or foreign income tax; and b: the credit has been used under section LA 2 (Satisfaction of income tax liability) or is carried forward under section LK 4; and c: the person has received a refund, amount, or benefit (the refund When refund received before assessment 6: If the person receives the refund before they assess their income tax liability for a tax year, the amount of tax credit for the tax paid is reduced by the lesser of— a: the amount of the refund: b: the amount of New Zealand tax payable on the foreign-sourced income calculated under section LJ 5 (Calculation of New Zealand tax). Credit repayable or extinguished 7: The amount of the credit— a: must be paid to the Commissioner if it has been used under section LA 2: b: is extinguished, if it is carried forward under section LK 4. When liability payable 8: The liability under subsection (7)(a) is treated as income tax payable 30 days after the later of the following dates: a: the date of the notice of assessment in relation to which the person has used the credit: b: the date on which the person who paid the tax, or a person associated with them, receives the refund. Associated persons 9: For the purposes of subsections (5) to (8), the refund is treated as received by the person, whether it is received by the person, a person who paid the foreign income tax, or a person associated with either of them. 4: In section LK 1 assessment associated person Commissioner international tax rules New Zealand tax notice NRWT segment of foreign-sourced income 5: In section LK 1 conduit tax relief CTR company 6: Subsection (2) 7: Subsections (1) and (3) apply for the 2008–09 and later income years. 341: Calculation of amount of credit 1: Section LK 2(2)(b) b: tax paid . 2: Subsection (1) applies for the 2008–09 and later income years. 342: New section LK 5B inserted 1: After section LK 5 LK 5B: Credits from tax year before first affected year When this section applies 1: This section applies when a person has a tax credit (the available BE credit a: relates to a tax year before the first tax year for which this section applies to the person; and b: relates to a CFC or FIF that is resident in a country (the jurisdiction c: is carried forward to a tax year (the conversion year What this section does 2: In this section, subsection (3) gives the person an option that an available BE credit for a jurisdiction not be carried forward and subsections (4) to (7) give, for whichever of the 4 alternative situations is otherwise relevant for the person,— a: the amount of the available BE credit (the converted BE credit i: treated as being converted into an amount referred to in paragraph (b) in the conversion year; and ii: not available to the person to be carried forward as available BE credit for a later tax year: b: the amount (the equivalent tax credit Option: tax credit not carried forward 3: A person may choose by giving a notice in a form and at a time acceptable to the Commissioner that the available BE credit for a jurisdiction not be carried forward under this section. Person not resident group member: more jurisdictional BE income 4: For a person who is not a resident group member and has jurisdictional BE income for the conversion year that is greater than zero and greater than the person's jurisdictional attributed income for the conversion year,— a: the person's converted BE credit in the conversion year is the lesser of— i: the amount that would be the person's income tax liability if the person's only assessable income were the person's jurisdictional BE income for the conversion year: ii: the person's available BE credit for the conversion year: b: the person's equivalent tax credit in the conversion year is the lesser of— i: the amount that would be the person's income tax liability if the person's only assessable income were the person's jurisdictional attributed income for the conversion year: ii: the amount calculated by dividing the person's available BE credit for the conversion year by the person's jurisdictional income ratio for the conversion year. Person not resident group member: more jurisdictional attributed income 5: For a person who is not a resident group member and has jurisdictional attributed income for the conversion year that is greater than or equal to zero and greater than or equal to the person's jurisdictional BE income for the conversion year,— a: the person's converted BE credit for the conversion year is the lesser of— i: the person's available BE credit for the conversion year: ii: the amount that would be the person's income tax liability if the person's only assessable income were the person's jurisdictional attributed income for the conversion year: b: the person's equivalent tax credit is equal to the person's converted BE credit for the conversion year. Resident group member: more jurisdictional BE income 6: For a person who is a resident group member for a wholly-owned group of companies and has jurisdictional BE income for the conversion year that is greater than zero and greater than the person's jurisdictional attributed income for the conversion year,— a: the person's converted BE credit for the conversion year is the lesser of— i: the person's available BE credit for the conversion year: ii: the amount that would be the person's income tax liability if the person's only assessable income were the greater of the person's jurisdictional BE income for the conversion year and the amount calculated by multiplying the group's jurisdictional income ratio for the conversion year by the person's jurisdictional attributed income for the conversion year: b: the person's equivalent tax credit is the amount calculated by dividing the person's converted BE credit for the conversion year by the group's jurisdictional income ratio for the conversion year. Resident group member: more jurisdictional attributed income 7: For a person who is a resident group member and has jurisdictional attributed income for the conversion year that is greater than or equal to zero and greater than or equal to the person's jurisdictional BE income for the conversion year,— a: the person's converted BE credit for the conversion year is the lesser of— i: the person's available BE credit for the conversion year: ii: the amount that would be the person's income tax liability if the person's only assessable income were the person's jurisdictional attributed income for the conversion year multiplied by the group's jurisdictional income ratio for the conversion year: b: the person's equivalent tax credit is equal to the amount calculated by dividing the person's converted tax credit for the conversion year by the group's jurisdictional income ratio for the conversion year. Option to determine jurisdictional BE income from accounts 8: In determining the jurisdictional BE income of a person or wholly-owned group, the person or group may choose to use, instead of the branch equivalent income or loss of a CFC, the profit or loss of the CFC before taxation given by accounts— a: complying with generally accepted accounting practice in New Zealand or an equivalent standard for the consistent and undistorted reporting of net profits in the country in which the accounts are prepared; and b: audited by an accountant who is— i: a chartered accountant or an accountant of equivalent professional standard in the country in which the accounts are prepared; and ii: independent of the CFC and the person or wholly-owned group; and c: are given an unqualified opinion or an opinion of equivalent standard in the country in which the accounts are prepared. Defined in this Act: attributed CFC income, attributed CFC loss, branch equivalent income, branch equivalent loss, CFC, group of companies, income interest, jurisdictional attributed income, jurisdictional BE income, jurisdictional income ratio, New Zealand resident, resident group member, tax year, wholly-owned group, wholly-owned group of companies . 2: Subsection (1) 343: Subpart LL repealed 1: Subpart LL 2: Subsection (1) 344: Use of remaining credits 1: In section LP 3(5) subsection (3) subsection (2) or (3) 2: Subsection (1) applies for the 2008–09 and later income years. 345: Continuity rules for carrying credits forward 1: Section LP 4(2) 2: The amount is available for use under section LP 3(4) if a group of persons exists that has, for the continuity period,— a: minimum voting interests in the company that add up to 49% or more; and b: when a market value circumstance exists for the company in the continuity period, minimum market value interests in the company that add up to 49% or more. 2: In section LP 4 market value circumstance 3: Subsection (1) applies for the 2008–09 and later income years. 346: Sections LQ 1 to LQ 4 repealed 1: Sections LQ 1 to LQ 4 2: Subsection (1) 347: Tax credits for certain investors in portfolio tax rate entities 1: Section LS 2(1) 1: This section applies when a person has portfolio investor allocated income in a tax year from a portfolio tax rate entity if— a: the income would be excluded income of the person in the absence of section CX 56(1)(b) (Portfolio investor allocated income and distributions of income by portfolio investment entities): b: the income is not excluded income because section CX 56(4) applies. 2: In section LS 2(1)(a) section CX 56(1)(b) (Portfolio investor allocated income and distributions of income by portfolio investment entities) section CX 56(1)(b) 348: Subpart LS replaced 1: Subpart LS LS: Tax credits for multi-rate PIEs and investors LS 1: Tax credits for multi-rate PIEs Tax credit 1: A multi-rate PIE has a tax credit for a tax year for the amount determined— a: under sections HM 51 and HM 53 (which relate to certain tax credits) for an imputation credit or a credit for tax paid or withheld: b: under section HM 55 (Tax credits for losses) arising from a tax loss attributed to an investor. When this section does not apply 2: This section does not apply— a: in relation to— i: a zero-rated investor: ii: an exiting investor who is treated under section HM 61 (Certain exiting investors zero-rated) as zero-rated: b: if the PIE pays tax using the provisional tax calculation option under section HM 44 (Provisional tax calculation option). Amount of credit 3: The amount of the tax credit equals the amount determined under the relevant section. Timing 4: The PIE has the tax credit for the tax year in which the relevant calculation period falls. Exception: timing under exit calculation option 5: If the PIE calculates its income tax liability using the exit calculation option under section HM 42 (Exit calculation option), the amount of a credit attributable to an investor is able to be used to satisfy a tax obligation relating to the investor. Defined in this Act: amount, calculation period, imputation credit, income tax liability, investor, multi-rate PIE, pay, PIE, provisional tax, tax credit, tax loss, tax year, zero-rated investor 2007 No 97 s LS 1 LS 2: Tax credits for investors in multi-rate PIEs When this section applies 1: This section applies when— a: an investor has attributed PIE income from a multi-rate PIE for a tax year; and b: the investor's prescribed investor rate is— i: more than zero: ii: for an investor who is a trustee, 19.5%; and c: the income is not excluded income of the investor because the test in section CX 56(1)(b) (Attributed income of certain investors in multi-rate PIEs) is not met. Amount of credit 2: The investor has a tax credit for the income year in which the PIE's tax year ends. The amount of the credit is equal to the amount of income tax paid by the PIE in relation to the attributed PIE income, and may be used to satisfy the investor's income tax liability for the tax year. Defined in this Act: amount, attributed PIE income, excluded income, income, income year, investor, multi-rate PIE, pay, PIE, prescribed investor rate, tax credit, tax year 2007 No 97 s LS 2 LS 3: Tax credits for zero-rated investors When this section applies 1: This section applies when a zero-rated investor has attributed PIE income from a multi-rate PIE for a tax year. Amount of credit 2: The investor has a tax credit that may be used to satisfy their income tax liability for the tax year equal to the amount of income tax paid by the PIE for the attributed income for the tax year. Credit for PIE's foreign tax 3: A zero-rated investor also has a tax credit for the tax year for the amount determined under section HM 52 (Use of foreign tax credits by zero-rated and certain exiting investors) for foreign income tax paid by the PIE. Credit for PIE's other tax credits 4: A zero-rated investor also has a tax credit for the tax year for the amount determined under section HM 54 (Use of tax credits other than foreign tax credits by investors) for tax paid or withheld. Timing 5: The investor has the tax credit for the tax year corresponding to the income year in which the PIE's tax year ends. Defined in this Act: amount, attributed PIE income, income tax, income tax liability, income year, multi-rate PIE, pay, PIE, tax credit, tax year, zero-rated investor 2007 No 97 s LS 3 LS 4: Tax credits for certain exiting investors When this section applies 1: This section applies when an exiting investor in a multi-rate PIE who is treated under section HM 61 (Certain exiting investors zero-rated) as zero-rated has attributed PIE income from the PIE for a tax year in which the exit period falls. Amount of credit 2: The investor has a tax credit that may be used to satisfy their income tax liability for the tax year equal to any amount paid by the PIE under section HM 43(4) (Quarterly calculation option) to the Commissioner after the investor exits from the PIE for the residual value of the investor's interest. Credit for PIE's foreign tax 3: An exiting investor also has a tax credit for the tax year for the amount determined under section HM 52 (Use of foreign tax credits by zero-rated and certain exiting investors) for foreign income tax paid by the PIE. Credit for PIE's other tax credits 4: An exiting investor also has a tax credit for the tax year for the amount determined under section HM 54 (Use of tax credits other than foreign tax credits by investors) for tax paid or withheld. Timing 5: The investor has the tax credit for the tax year corresponding to the income year in which the PIE's tax year ends. Defined in this Act: attributed PIE income, exit period, foreign income tax, income tax liability, income year, investor, investor interest, multi-rate PIE, pay, PIE, tax credit, tax year 2007 No 97 s LS 4 . 2: Subsection (1) applies for the 2010–11 and later income years. 349: Meaning of full-time earner for family scheme 1: In section MA 7(2) the purposes of subsection (1)(a) the purposes of subsection (1) 2: In section MA 7(2)(b) subsection (1)(a) to (c) or to the extent described in subsection (1)(d) subsection (1)(a) and (b) 3: In section MA 7 employment 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 350: Some definitions for family scheme In section MA 8 full-time earner 351: Adjustments for calculation of family scheme income 1: Section MB 1(5) Investment income 5: For the purposes of subsection (1), an amount of income attributed by a portfolio investment entity that is not excluded income of the person is not included in family scheme income. 2: In section MB 1 a: portfolio investor allocated income b: portfolio investment entity 3: Subsection (1) applies for the 2010–11 and later income years. 352: Family scheme income of major shareholders in close companies 1: Section MB 4(1) 1: This section applies for the purposes of determining the amount that represents the family scheme income of a person for an income year when the person is a major shareholder in a close company on the last day of the company's balance date for financial purposes. If the company has paid the major shareholder a dividend in the income year, the amount of family scheme income calculated under subsection (2) is reduced by the total dividends paid for the income year. 2: Subsection (1) applies for the 2008–09 and later income years. 353: What this subpart does In section MC 1 ss KD A1, KD 1A s KD 1A 354: Third requirement: residence 1: Section MC 5(1) 1: The third requirement is that either the person referred to in section MC 2 or the child referred to in section MC 4 meets the residence requirements of subsections (2) and (3), as applicable. 2: Subsection (1) applies for the 2008–09 and later income years. 355: When person does not qualify 1: Section MC 6(b)(ii) 2: In section MC 6 s KD 3(1) s KD 3(1), qualifying person 3: Subsection (1) applies for the 2008–09 and later income years. 356: Continuing requirements 1: In section MC 8 Requirements for entitlement period . 2: After section MC 8(f) Relationship with section MD 6(2) 2: Section MD 6(2) (Second requirement: principal care) overrides this section in relation to the in-work tax credit. 3: In section MC 8 in-work tax credit 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 357: Principal caregiver 1: In section MC 10(4) subsection (2) subsection (3) 2: Subsection (1) applies for the 2008–09 and later income years. 358: Second requirement: principal care 1: After section MD 6(2) Relationship with section MC 8 3: Subsection (2) overrides section MC 8 (Continuing requirements). 2: Subsection (1) applies for the 2008–09 and later income years. 359: Third requirement: residence 1: Section MD 7(1) 1: The third requirement for an entitlement to an in-work tax credit is that the person or child referred to in section MD 4 meet the residence requirements of subsections (2) and (3), as applicable. 2: Subsection (1) applies for the 2008–09 and later income years. 360: Fifth requirement: full-time earner 1: Section MD 9(2) 2: The income referred to in subsection (1)(a) is— a: a PAYE income payment that is— i: not excluded under subsection (3), although it does not matter if the person also derives income of the type described in subsection (3); and ii: not a benefit or allowance described in section MD 8; or b: income to which section RD 3(2) to (4) (PAYE income payments) applies; or c: income from a business carried on for profit. 2: In section MD 9(2)(c) profit. profit; or d: an amount paid or benefit provided— i: by a person (the claimant ii: to another person for providing to the claimant a key aspect of social rehabilitation referred to in paragraph (c) of the definition of personal service rehabilitation payment 3: Section MD 9(3) 3: The following PAYE income payments are excluded from income under subsection (2): a: a payment referred to in paragraphs (a) to (c) of the definition of accident compensation earnings-related payment b: a PAYE income payment referred to in section RD 5(6)(a) (Salary or wages), other than a parental leave payment referred to in section CF 1 (Benefits, pensions, compensation, and government grants): c: a PAYE income payment referred to in section RD 5(6)(b)(ii), (iii), or (iv): d: a schedular payment that is a contract payment for a contract activity or service of a non-resident contractor: e: an amount paid as a result of incapacity, suffered before 1 January 2006, due to personal injury by accident within the meaning of section 26 of the Injury Prevention, Rehabilitation, and Compensation Act 2001. 4: Subsections (1) and (3) apply for the 2008–09 and later income years. 361: Calculation of in-work tax credit 1: In section MD 10(3)(d)(ii) paragraph (a) paragraph (i) 2: Subsection (1) applies for the 2008–09 and later income years. 362: Meaning of employment for this subpart In section ME 2 full-time earner 363: Meaning of net family scheme income 1: In section ME 3(2) adjusted income – adjusted liability + amount received – amount paid. 2: Section ME 3(3)(a)(i) i: the amount of the person's net income under section MB 1 (Adjustments for calculation of family scheme income) for the tax year in which the relationship period falls that is attributable to the number of weeks in which the person is a full-time earner, adjusted to an annualised amount that is found by multiplying the amount by the fraction that is 52 divided by the number of weeks in the relationship period for which the person is a full-time earner; and . 3: Section ME 3(3)(b) 4: Subsections (1) to (3) apply for the 2008–09 and later income years. 364: Recovery of overpaid tax credit 1: Section MF 5(2) 2: The Commissioner may recover the excess as if it were income tax payable by the person. However, if, throughout the tax year, the person is in a relationship with a spouse, civil union partner, or de facto partner, the person and that spouse or partner are jointly and severally liable for the payment of the excess. 2: Subsection (1) applies for the 2008–09 and later income years. 365: Section MF 6 replaced 1: Section MF 6 MF 6: Overpayment or underpayment of tax credit When this section applies 1: This section applies for the purposes of sections LA 3 and LA 4 (which relate to the treatment of a person's total tax credits) when— a: a person has an entitlement to a tax credit under section MD 1 (Abating WFF tax credit) or ME 1 (Minimum family tax credit); and b: the person applies under section MF 1 to have the tax credit paid by instalment; and c: the instalments of the estimated tax credit, or the total of those instalments, differs from the tax credit, or total tax credit, to which the person is entitled under the family scheme because the instalment has, or the total instalments have, either been overpaid resulting in an excess or underpaid resulting in a shortfall; and d: the Commissioner— i: gives the person a notice of entitlement for the tax year because an instalment of the estimated tax credit has been paid to the person during the tax year; or ii: finds out, otherwise than by way of a notice of entitlement, that an instalment of the estimated tax credit has been paid to the person for the tax year. Overpayment 2: For an overpayment of the person's entitlement, an amount equal to the excess is— a: added to the tax payable by the person for the tax year; and b: recoverable by the Commissioner under section 80KLB of the Tax Administration Act 1994 as if it were tax payable by the person for the tax year. Underpayment 3: For an underpayment of the entitlement, an amount equal to the shortfall is used to satisfy the person's income tax liability, and any balance remaining is treated as tax paid in excess and available for use under section LA 7(2) (Remaining refundable credits: tax credits under social policy schemes). Defined in this Act: amount, Commissioner, family scheme, income tax liability, notice of entitlement, pay, tax, tax credit, tax year . 2: Subsection (1) applies for the 2008–09 and later income years. 366: Tax credits for superannuation contributions In section MK 1(1) Section MK 2 imposes some eligibility requirements for the year described in subsection (3) in relation to the person. 367: Eligibility requirements In section MK 2(1) 1: For the purposes of section MK 1(1), the requirements for the person for the year described in section MK 1(3) are the following: . 368: When short payment and unpaid compulsory employer contributions found after tax credit used 1: In section MK 13(1)(a) section MK 12(1)(b) and (c) section MK 12(1)(c) and (d) 2: Subsection (1) applies for the 2008–09 and later income years. 369: What this subpart does Section ML 1(2)(b)(i) to (iii) i: to a director of a company by the company or a person associated with the company: ii: to a person by a person associated with them: iii: by a person to an employee who has been paid a redundancy payment by a person associated with the person. 370: Section ML 2 replaced Section ML 2 ML 2: Tax credit for redundancy payments Tax credit 1: A person who derives a redundancy payment has a tax credit of an amount equal to 6 cents for every complete dollar of total redundancy payments derived by them. It does not matter whether— a: a redundancy payment is paid in a lump sum or by instalment: b: the total redundancy payments relate to 1 or more occasions of redundancy of the person. Maximum amount 2: Despite subsection (1), the maximum credit that the person has for each occasion of redundancy is $3,600. Defined in this Act: amount, redundancy payment, tax credit . 371: New section MZ 3 added 1: After section MZ 2 MZ 3: Exclusions from determination of family scheme income When this section applies 1: This section applies for the purposes of determining under section MB 1 (Adjustments for calculation of family scheme income) the entitlement and tax credit of a person under the family scheme. Refunds of main deposit 2: An amount of main deposit made in relation to the 2002–03 or earlier income year that is refunded to the person in the 2003–04 or later income year under any of sections EH 10, EH 13, EH 15, EH 17, and EH 23 (which relate to income equalisation accounts) is not included in family scheme income. Refunds of adverse event deposit 3: An amount of adverse event deposit made under section EH 39 (Adverse event income equalisation account) in relation to the 2002–03 or earlier income year that is refunded to the person in the 2003–04 or later income year under any of sections EH 45, EH 47, and EH 53 (which relate to refunds on application) is not included in family scheme income. Treatment of interest 4: The amount of a refund under subsections (2) and (3) does not include an amount of interest payable under section EH 6 or EH 40 (which relate to interest on deposits), as applicable. Defined in this Act: adverse event deposit, amount, family scheme, family scheme income, income year, interest, main deposit, tax credit 2004 No 35 s KD 1(1)(e)(i), (vi) . 2: Subsection (1) applies for the 2008–09 and later income years. 372: Memorandum accounts 1: Section OA 2(1)(f) 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 373: Credits 1: In section OA 5(2)(b) groups. groups: c: credited under section OZ 18 2: Section OA 5(7) 3: In section OA 5 policyholder credit 4: Subsections (1) and (2) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 374: Debits 1: Section OA 6(7) 2: In section OA 6 policyholder debit 3: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 375: Opening balances of memorandum accounts 1: Section OA 7(2)(f) 2: In section OA 7 policyholder credit account 3: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 376: Shareholder continuity requirements for memorandum accounts 1: In section OA 8(2) Subsections (4) and (5) Subsections (3B) to (5) 2: After section OA 8(3) Exclusions: qualifying companies 3B: Subsection (2) does not apply to a qualifying company. But, if section HA 11(1) (When requirements no longer met) applies to the company,— a: an adjustment must be made under section HA 18 (Treatment of dividends when qualifying company status ends) to the company's imputation credit account and FDP account, as applicable; and b: the shareholder continuity requirements apply to the company from the day on which the status as a qualifying company ends. 3: Section OA 8(4) Exclusion: ASC accounts 4: Subsection (2) does not apply to a person who maintains an ASC account. 4: In section OA 8 policyholder credit account 377: Section OA 12 repealed 1: Section OA 12 2: Subsection (1) 378: General rules for companies with imputation credit accounts 1: In section OB 1(1) Subsections (2) and (3) override Subsection (2) overrides 2: Section OB 1(2)(a)(i) 3: Section OB 1(2)(f) f: a multi-rate PIE. 4: Section OB 1(3) 5: In section OB 1 Australian ICA company resident in Australia 6: In section OB 1 a: portfolio tax rate entity b: multi-rate PIE 7: Subsections (1), (2), and (4) apply for the 2008–09 and later income years. 8: Subsection (3) applies for the 2010–11 and later income years. 379: Australian companies with imputation credit accounts 1: Section OB 2(1) Company resident in Australia 1: A company that is resident in Australia may choose to establish and maintain an imputation credit account. 2: In section OB 2 resident in New Zealand 3: Subsection (1) applies for the 2008–09 and later income years. 380: New section OB 3B inserted 1: After section OB 3 OB 3B: General rule for life insurer's policyholder base An imputation credit does not arise in relation to a life insurer's policyholder base. Similarly, an imputation debit does not arise in relation to a life insurer's policyholder base. Defined in this Act: imputation credit, imputation debit, life insurer, policyholder base . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 381: ICA payment of tax 1: Section OB 4(3)(c) c: income tax paid by a life insurer to satisfy its schedular income tax liability for schedular policyholder base income; or . 2: Section OB 4(3)(e) and (eb) e: income tax paid under subpart LA and section LF 1 (which relate to tax credits for FDP credits and their use) by crediting a foreign dividend payment (FDP) credit; or eb: income tax paid by a tax credit under subpart LA and section LH 2 (which relate to tax credits for research development and their use); or . 3: In section OB 4 a: policyholder base income tax liability b: schedular income tax liability schedular policyholder base income 4: Subsection (2) applies for the 2008–09 and later income years. 5: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 382: ICA resident withholding tax withheld 1: In section OB 8(1) by the company by the company other than as policyholder base income 2: In section OB 8 policyholder base income 3: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 383: New section OB 9B inserted After section OB 9 OB 9B: ICA company allocated imputation credit with income from PTRE Credit 1: An ICA company that is an investor in a portfolio tax rate entity has an imputation credit for the amount of an imputation credit allocated to it under section HL 29(7)(b). Table reference 2: The imputation credit in subsection (1) is referred to in table O1: imputation credits, row 7B (imputation credit allocated with income from PTRE). Credit date 3: The credit date is the day the amount is allocated. Defined in this Act: amount, ICA company, imputation credit, portfolio tax rate entity . 384: Section OB 9B replaced 1: Section OB 9B is replaced by the following: OB 9B: ICA attributed PIE income with imputation credit Credit 1: An ICA company that is an investor in a multi-rate PIE has an imputation credit for the amount of an imputation credit attributed to it under section HM 54 (Use of tax credits other than foreign tax credits by investors). Table reference 2: The imputation credit in subsection (1) is referred to in table O1: imputation credits, row 7B (attributed PIE income with imputation credit). Credit date 3: The credit date is the day the amount is attributed. Defined in this Act: amount, attributed PIE income, ICA company, imputation credit, multi-rate PIE . 2: Subsection (1) applies for the 2010–11 and later income years. 385: Section OB 11 repealed 1: Section OB 11 2: Subsection (1) 386: Section OB 17 repealed 1: Section OB 17 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 387: ICA transfer to master fund 1: In section OB 19(1) An ICA company that is a master fund has an imputation credit for the transfer of an amount of expenditure under sections DV 5 to DV 7 (which relate to the transfer of expenditure to master funds). 2: Subsection (1) applies for the 2008–09 and later income years. 388: ICA refund of income tax 1: After section OB 32(2)(a) ab: a refund of income tax paid by a life insurer to satisfy its schedular income tax liability for schedular policyholder base income; or . 2: After section OB 32(6) Relationship with section OB 37 7: This section does not apply to an amount that gives rise to a debit under section OB 37. 3: In section OB 32 life insurer schedular income tax liability schedular policyholder base income 4: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 5: Subsection (2) applies for the 2008–09 and later income years. 389: ICA amount applied to pay other taxes 1: Section OB 33(1) 1: An ICA company has an imputation debit for— a: an amount of overpaid income tax applied to pay an amount due under the Inland Revenue Acts: b: an increased amount of tax as described in section RP 17B(3) (Tax pooling accounts and their use) applied to pay an amount due under the Inland Revenue Acts other than income tax. 2: After section OB 33(4) Relationship with section OB 37 5: This section does not apply to an amount that gives rise to a debit under section OB 37. 3: Subsection (2) applies for the 2008–09 and later income years. 390: ICA refund from tax pooling account 1: Section OB 34(4) Debit date for companies other than qualifying companies 4: The debit date for a company that is not a qualifying company is the date found by applying the following paragraphs in order: a: the last day of the previous tax year to the extent of the amount of the debit that is no more than the credit balance in the imputation credit account on that date: b: the day the refund or transfer is made to the extent of the remaining amount of the debit that is no more than the credit balance in the imputation credit account on the day of refund or transfer: c: the last day of the previous tax year for the remainder of the debit. Debit date for qualifying companies 5: The debit date for a qualifying company is the day the refund or transfer is made. 2: In section OB 34 company imputation credit account qualifying company tax year 3: Subsection (1) applies for a tax position taken on or after 1 April 2008 except for a tax position taken by a company when— a: the company has received a refund of the type referred to in section OB 34(1); and b: the refund is received in the company's 2008–09 income year but before 2 July 2008; and c: the company has relied on section OB 34(4) 391: ICA transfer within tax pooling account Section OB 35(4)(b) b: the day the transfer is made to the extent of the remaining amount of the debit that is no more than the credit balance in the imputation credit account on the day of the transfer; or . 392: New section OB 35B inserted 1: After section OB 35 OB 35B: ICA debit for transfer from tax pooling account for policyholder base liability Debit 1: An ICA company has an imputation debit for the amount transferred from a tax pooling account to their tax account with the Commissioner, to the extent to which the company is a life insurer, and the amount satisfies its schedular income tax liability for schedular policyholder base income or its income tax liability for a life fund PIE that is a multi-rate PIE. Table reference 2: The imputation debit in subsection (1) is referred to in table O2: imputation debits, row 7B (debit for transfer from tax pooling account for policyholder base liability). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: ICA company, imputation credit, imputation debit, life insurer, schedular income tax liability, schedular policyholder base income, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 393: ICA refund of tax credit 1: Section OB 37(1) Debit 1: An ICA company has an imputation debit for— a: the amount of a transfer under section LA 6(2)(d) (Remaining refundable credits: PAYE, RWT, and certain other items) to the extent to which the transfer does not lead to a refund of income tax: b: the amount of a refund to the company under section LA 6(2)(e): c: an amount used by the company under section LH 2(6) (Tax credits relating to expenditure on research and development) to pay an amount payable under an Inland Revenue Act to the extent to which the use does not lead to a refund of income tax. Exclusion: FDPA companies 1B: Despite subsection (1), an FDPA company does not have an imputation debit to the extent to which the amount transferred, refunded, or used is a tax credit under subpart LF (Tax credits for FDP credits). 2: Section OB 37(3) 3: The debit date is— a: for a debit referred to in subsection (1)(a), the day the amount is transferred: b: for a debit referred to in subsection (1)(b), the day the amount is refunded: c: for a debit referred to in subsection (1)(c), the day the amount is applied. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 394: ICA transfer for net foreign attributed income 1: In section OB 39(1) and a CTR company 2: Subsection (1) applies for the 2008–09 and later income years. 395: Section OB 39 repealed 1: Section OB 39 2: Subsection (1) 396: Section OB 47 replaced 1: Section OB 47 OB 47: Debit for policyholder base imputation credits Debit 1: An ICA company has an imputation debit for the amount of an imputation credit attached to a dividend derived by the company, to the extent to which it is derived by it as a life insurer and apportioned to their policyholder base. Table reference 2: The imputation debit in subsection (1) is referred to in table O2: imputation debits, row 20 (debit for policyholder base imputation credits). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: ICA company, imputation credit, imputation debit, life insurer, policyholder base, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 397: ICA benchmark dividend rules 1: Section OB 61(7) 2: Subsection (1) applies for the 2008–09 and later income years. 398: Imputation additional tax on leaving wholly-owned group 1: Section OB 71(1)(b) 2: In section OB 71(4)(a) the amount is no more than the excess entitlement the amount is no more than the excess tax payment for company A when company A has an excess entitlement 3: Section OB 71(5)(c) c: the excess of the total of the amounts referred to in paragraph (a)(i) and (ii) over the credit balance, if paragraph (b) does not apply. 4: In section OB 71(9) section OB 13(5) section OB 13(5). However, if subsections (3) or (4) apply to transfer a debit or treat an amount of tax as having been paid, company A must also provide a notice of agreement from company B in relation to the amount of excess tax payment. 5: Subsections (1) to (4) apply for the 2008–09 and later income years. 399: Table O1: imputation credits 1: In table O1, after row 7, the following is inserted: 7B Imputation credit allocated with income from PTRE day of allocation section OB 9B 2: Table O1, row 7B is replaced by the following: 7B Attributed PIE income with imputation credit day of attribution section OB 9B 3: Table O1, row 9 is repealed. 4: In table O1, row 14, attributing company qualifying company 5: Table O1, row 15 is repealed. 6: Subsection (2) applies for the 2009–10 and later income years. 7: Subsection (3) 8: Subsection (4) applies for the 2008–09 and later income years. 9: Subsection (5) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 400: Table O2: imputation debits 1: In table O2, after row 7, the following is inserted: 7B Debit for transfer from tax pooling account for policyholder base liability 31 March section OB 35B 2: Table O2, row 9 is replaced by the following: 9 Transfer, refund, or use of tax credit day of transfer, refund, or use section OB 37 3: Table O2, row 12 is repealed. 4: In table O2, row 20 is replaced by the following: 20 Debit for policyholder base imputation credits 31 March section OB 47 5: Subsections (1) and (4) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 6: Subsection (2) applies for the 2008–09 and later income years. 7: Subsection (3) 401: General rules for companies with FDP accounts 1: In section OC 1(1) portfolio tax rate entity multi-rate PIE 2: Section OC 1(3) 3: In section OC 1 a: portfolio tax rate entity b: multi-rate PIE 4: Subsection (1) applies for the 2010–11 and later income years. 5: Subsection (2) 402: New section OC 2B inserted 1: After section OC 2 OC 2B: General rule for life insurer's policyholder base An FDP credit does not arise in relation to a life insurer's policyholder base. Similarly, an FDP debit does not arise in relation to a life insurer's policyholder base. Defined in this Act: FDP credit, FDP debit, life insurer, policyholder base . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 403: When company chooses to stop being FDPA company 1: Section OC 4(3)(b) b: pays any further income tax payable under section OC 30 or OC 31 for the year of election. 2: Subsection (1) 404: When company emigrates 1: Section OC 5(2)(b) b: pays any further income tax payable under sections OC 30 to OC 34 for the tax year. 2: Subsection (1) 405: Section OC 6 repealed 1: Section OC 6 2: Subsection (1) 406: Section OC 8 repealed 1: Section OC 8 2: Subsection (1) 407: Section OC 9 repealed 1: Section OC 9 2: Subsection (1) 408: Section OC 10 repealed 1: Section OC 10 2: Subsection (1) 409: FDPA refund of tax credit 1: Section OC 16(1) 1: An FDPA company has an FDP debit for the amount of a transfer or refund to the company under section LA 6(2)(d) or (e) (Remaining refundable credits: PAYE, RWT, and certain other items) to the extent to which the amount transferred or refunded is a tax credit under subpart LF (Tax credits for FDP credits). 2: Section OC 16(3) 3: The debit date is the day the transfer or refund is made. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 410: Section OC 20 replaced 1: Section OC 20 OC 20: Debit for policyholder base FDP credits Debit 1: An FDP company has an FDP debit for the amount of an FDP credit attached to a dividend derived by the company, to the extent to which it is derived by it as a life insurer and apportioned to their policyholder base. Table reference 2: The FDP debit in section (1) is referred to in table O4: FDP debits, row 9 (debit for policyholder base FDP credits). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: FDP company, FDP credit, FDP debit, life insurer, policyholder base, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 411: Section OC 23 repealed 1: Section OC 23 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 412: Heading before section OC 30 replaced The heading before section OC 30 Further income tax 413: Payment of further FDP for closing debit balance 1: In the heading to section OC 30 further FDP further income tax 2: Section OC 30(1) and (2) Liability 1: An FDPA company or consolidated FDP group is liable to pay further income tax for a closing debit balance in the FDP account of the company or the group. Due date 2: The company or group must pay the further income tax to the Commissioner no later than the 20 June following the end of the tax year. 3: Section OC 30(3) 4: In section OC 30 a: FDP rules further FDP income tax b: further income tax 5: Subsections (1) to (3) 414: Payment of further FDP when company no longer New Zealand resident 1: In the heading to section OC 31 further FDP further income tax 2: Section OC 31(1) to (3) Liability 1: An FDPA company is liable to pay further income tax for a debit balance in the company's FDP account when the company stops being resident in New Zealand. Due date 2: The company must pay the further income tax to the Commissioner by the day the company stops being resident in New Zealand. Paramount section 3: A company to which this section applies that stops being an FDPA company on the last day of a tax year is liable for further income tax under this section and not under section OC 30. 3: Section OC 31(4) 4: In section OC 31 a: FDP rules further FDP b: further income tax 5: Subsections (1) to (3) 415: Reduction of further FDP 1: In the heading to section OC 32 further FDP further income tax 2: In section OC 32(1) 1: An FDPA company's liability for further income tax under section OC 30 or OC 31 may be reduced under subsection (2) if— . 3: In section OC 32 a: further FDP b: further income tax 4: Subsections (1) and (2) 416: Section OC 33 replaced 1: Section OC 33 OC 33: Income tax paid satisfying liability for further income tax Election 1: On meeting the requirements of subsection (2), an FDPA company that is liable for further income tax may choose to satisfy the liability through a payment of income tax. Requirements 2: The company must pay the income tax— a: after the end of the tax year in which the relevant debit balance arises; and b: for an income year corresponding to a tax year in which the company is an FDPA company. Payment credited 3: The payment of income tax satisfies the company's liability to pay further income tax. When treated as paid 4: The further income tax is treated as paid on the day the Commissioner receives the payment of income tax. Defined in this Act: Commissioner, company, FDPA company, further income tax, income tax, income year, pay, tax year . 2: Subsection (1) 417: Section OC 34 replaced 1: Section OC 34 OC 34: Further income tax paid satisfying liability for income tax Election 1: A company that pays further income tax may choose to treat the payment as satisfying a liability of the company to pay income tax. FDPA company status 2: The liability referred to in subsection (1) must be for an income year that corresponds with a tax year in which the company is an FDPA company. Alternative for consolidated group 3: A company that is part of a consolidated FDP group may choose that the payment under subsection (1) satisfies a group liability for income tax owed by another group company when or after the payment is made. Defined in this Act: company, consolidated FDP group, FDPA company, further income tax, income tax, income year, pay, tax year . 2: Subsection (1) 418: Heading and sections OC 35 to OC 39 repealed 1: The heading before section OC 35 and sections OC 35 to OC 39 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 419: Table O3: FDP credits 1: Table O3, rows 2, 3, 5, 6, and 7 are repealed. 2: Subsection (1) 420: Table O4: FDP debits 1: In table O4, row 5 is replaced by the following: 5 Transfer or refund of tax credit day of transfer or refund section OC 16 2: In table O4, row 9 is replaced by the following: 9 Debit for policyholder base FDP credits 31 March section OC 20 3: Subsection (1) applies for the 2008–09 and later income years. 4: Subsection (2) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 421: General rules for companies with CTR accounts 1: In section OD 1(2) a tax year a tax year as set out in section OD 3(2) 2: Section OD 1(3) 3: Subsection (1) applies for the 2008–09 and later tax years. 4: Subsection (2) 422: Choosing to become CTR company 1: Section OD 3(1) 1: An FDPA company that chooses to become a CTR company must notify the Commissioner of its election and state the tax year for which the election is first to apply. The notification must be made no later than the day on which the company is required to file a return of income for the income year that corresponds to the first tax year for which the election is made. 2: Section OD 3(2) Maintaining CTR account 2: A CTR company must maintain the CTR account referred to in section OD 1(2) from the first day of the tax year referred to in subsection (1), whether or not the company is treated as a CTR company for the purposes of sections LQ 5, OD 20, or RG 7 (which relate to credits attached to dividends). The company must continue to maintain the account until it chooses to stop being a CTR company under section OD 4. Treatment of company for certain provisions 3: Despite subsection (1), the company is not treated as a CTR company for the purposes of applying sections LQ 5, OD 20, or RG 7 until the date on which the company notifies the Commissioner of its election. 3: Subsections (1) and (2) apply for the 2008–09 and later tax years. 423: When company stops being CTR company 1: In section OD 4(3) 3: The company stops being a CTR company on the day after the day on which the election referred to in subsection (1)(a) is made but only if the company— . 2: Subsection (1) 424: Section OD 5 repealed 1: Section OD 5 2: Subsection (1) 425: Section OD 8 repealed 1: Section OD 8 2: Subsection (1) 426: Section OD 11 repealed 1: Section OD 11 2: Subsection (1) 427: CTRA increase in resident shareholding 1: In section OD 16(3)(b) 34% or more 34 percentage points or more 2: Subsection (1) applies for the 2008–09 and later tax years. 428: Section OD 23 repealed 1: Section OD 23 2: Subsection (1) 429: Section OD 24 repealed 1: Section OD 24 2: Subsection (1) 430: Table O5: conduit tax relief credits 1: Table O5, rows 2 and 5 are repealed. 2: Subsection (1) 431: Table O6: conduit tax relief debits 1: In table O6: conduit tax relief credits, row 2, FDP credit attached CTR credit attached 2: Table O6, row 3 is repealed. 3: Subsection (1) applies for the 2008–09 and later tax years. 4: Subsection (2) 432: Branch equivalent tax accounts of companies 1: Section OE 2(2) and (3) 2: Subsection (1) 433: Heading and sections OE 12 and OE 13 repealed 1: The heading before section OE 12 sections OE 12 and OE 13 2: Subsection (1) 434: Sections OE 14 to OE 16 repealed 1: Sections OE 14 to OE 16 2: Subsection (1) 435: New heading and section OE 16B inserted 1: Before the headings before section OE 17 Debit if credit balance at beginning of first affected income year OE 16B: Company with credit balance at beginning of first affected income year If a BETA company has a credit balance in its branch equivalent tax account at the beginning of the first income year for which this section applies to the company, a branch equivalent tax debit of an amount equal to the credit balance arises in the branch equivalent tax account at that time. Defined in this Act: BETA company, branch equivalent tax account, branch equivalent tax debit, company, income year . 2: Subsection (1) 436: Table O7: branch equivalent tax credits 1: Table O7, row 2 is repealed. 2: Subsection (1) 437: Table O8 repealed 1: Table O8 is repealed. 2: Subsection (1) 438: General rules for companies with ASC accounts 1: In section OF 1(1) This section does not apply to a multi-rate PIE. 2: In section OF 1 a: portfolio tax rate entity b: multi-rate PIE 3: Subsection (1) applies for the 2010–11 and later income years. 439: Subpart OJ repealed 1: Subpart OJ 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 440: MACA payment of tax 1: Section OK 2(3)(cb) cb: income tax paid by a tax credit under subpart LA (Tax credits and other credits) and section LH 2 (Tax credits relating to expenditure on research and development); or . 2: Subsection (1) applies for the 2008–09 and later income years. 441: MACA refund of income tax 1: After section OK 12(6) Relationship with section OK 14B 7: This section does not apply to an amount that gives rise to a debit under section OK 14B. 2: Subsection (1) applies for the 2008–09 and later income years. 442: MACA payment of other taxes 1: After section OK 13(4) Relationship with section OK 14B 5: This section does not apply to an amount that gives rise to a debit under section OK 14B. 2: Subsection (1) applies for the 2008–09 and later income years. 443: New section OK 14B inserted 1: After section OK 14 OK 14B: MACA refund of tax credit Debit 1: A Maori authority has a Maori authority debit for— a: the amount of a transfer under section LA 6(2)(d) (Remaining refundable credits: PAYE, RWT, and certain other items) to the extent to which the transfer does not lead to a refund of income tax: b: the amount of a refund to the authority under section LA 6(2)(e): c: an amount used under section LH 2(6) (Tax credits relating to expenditure on research and development) to pay an amount payable under an Inland Revenue Act to the extent to which the use does not lead to a refund of income tax. Exclusion 2: Despite subsection (1), a Maori authority that is an FDPA company does not have a Maori authority debit to the extent to which the amount transferred, refunded, or used is a tax credit under subpart LF (Tax credits for FDP credits). Table reference 3: The Maori authority debit in subsection (1) is referred to in table O18: Maori authority debits, row 6B (refund of tax credit). Debit date 4: The debit date is— a: for a debit referred to in subsection (1)(a), the day the amount is transferred: b: for a debit referred to in subsection (1)(b), the day the amount is refunded: c: for a debit referred to in subsection (1)(c), the day the amount is applied. Defined in this Act: amount, FDPA company, Inland Revenue Acts, Maori authority, Maori authority debit, pay . 2: Subsection (1) applies for the 2008–09 and later income years. 444: Table O18: Maori authority debits 1: In table O18, after row 6, the following row is inserted: 6B Transfer, refund, or use of tax credit day of transfer, refund, or use section OK 14B 2: Subsection (1) applies for the 2008–09 and later income years. 445: When credits and debits arise only in consolidated imputation group accounts 1: In section OP 5(2)(d) credit): credit). 2: After section OP 5(4)(d) db: section OP 33B, row 7B (debit for transfer from tax pooling account for policyholder base liability): . 3: In section OP 5(4)(k) ratio). ratio): l: section OP 44, row 18 (debit for policyholder base imputation credits). 4: Subsection (1) 5: Subsections (2) and (3) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 446: Provisions applying to consolidated imputation groups 1: Section OP 6(2)(a) a: section OB 61 (ICA benchmark dividend rules); and ab: sections OB 65 and OB 66 (which relate to further income tax); and ac: sections OB 71 and OB 72 (which relate to imputation additional tax); and . 2: After section OP 6(3) Tax advantage arrangements and determinations 4: Sections GB 35 and GB 36 (which relate to tax advantage arrangements), LE 1(5) (Tax credits for imputation credits), OA 2(5) (Memorandum accounts), and sections 90AF and 104B of the Tax Administration Act 1994 apply, modified as necessary, in a case that involves accounts of a consolidated imputation group as if— a: the group were a single company; and b: references to the provisions of this Act or the Tax Administration Act 1994 were references to the equivalent provisions applicable to the equivalent accounts. Refunds for overpaid amounts 5: Sections RM 13 to RM 17, RM 32, and RZ 6 (which relate to limits on refunds) apply, modified as necessary, in relation to income tax paid by a consolidated imputation group as if— a: the group were a single company; and b: a reference to that company when it stops being an ICA company were a reference to the consolidated group when it stops being a consolidated imputation group; and c: references to the provisions of this Act or the Tax Administration Act 1994 were references to the equivalent provisions applicable to the equivalent accounts. Limits on refunds 6: Despite subsection (5), sections RM 13 to RM 17, RM 32, and RZ 6 do not apply to limit a refund payable to a company that is part of a consolidated imputation group in relation to income tax paid individually by the company to the extent to which those sections would not have limited the refund if it had been a refund payable to the group in relation to income tax paid by the group. However, if an amount is refunded and would not have been payable but for this subsection, section RM 15(1) (Changes in credit balances) applies as if the refund were made in relation to income tax paid by the group. Applying for refunds 7: If a company that is part of an imputation group is entitled to a refund under sections RM 2 or RM 4 to RM 6 (which relate to refunds for overpaid income tax), the company must apply for a refund by notifying the Commissioner. Sections RM 13 to RM 17, RM 32, and RZ 6 apply to the entitlement as if— a: the imputation credit account of the group were the imputation credit account of the company: b: a credit in the imputation credit account for the purposes of those sections were reduced by the amount of a refund to a company that is part of the group. 3: In section OP 6 Commissioner consolidated group ICA company imputation additional tax imputation group income tax notify tax 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 447: Consolidated ICA payment of tax 1: Section OP 7(3)(d) d: income tax paid by a life insurer to satisfy its schedular income tax liability for schedular policyholder base income; or . 2: Section OP 7(3)(fb) fb: income tax paid by a tax credit under subpart LA (Tax credits and other credits) and section LH 2 (Tax credits relating to expenditure on research and development); or . 3: In section OP 7 a: policyholder base income tax liability b: schedular income tax liability schedular policyholder base income 4: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 5: Subsection (2) applies for the 2008–09 and later income years. 448: Section OP 14 repealed 1: Section OP 14 2: Subsection (1) 449: Consolidated ICA resident withholding tax withheld 1: In section OP 17(1) by a group company by a group company other than as policyholder base income 2: In section OP 17 policyholder base income 3: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 450: Section OP 20 repealed 1: Section OP 20 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 451: Section OP 21 repealed 1: Section OP 21 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 452: Consolidated ICA refund of income tax 1: Section OP 30(2) No debit 2: The debit in subsection (1) does not include–– a: a refund of income tax paid by a life insurer to satisfy its schedular income tax liability for schedular policyholder base income; or b: a refund of income tax paid before a debit arises under section OP 42 to the extent to which the amount of the refund is less than the amount of the debit. 2: In section OP 30(3) subsection (2) subsection (2)(b) 3: After section OP 30(4) Relationship with section OP 35 5: This section does not apply to an amount that gives rise to a debit under section OP 35. 4: In section OP 30 life insurer schedular income tax liability schedular policyholder base income 5: Subsections (1) and (2) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 6: Subsection (3) applies for the 2008–09 and later income years. 453: Consolidated ICA amount applied to pay other taxes 1: After section OP 31(4) Relationship with section OP 35 5: This section does not apply to an amount that gives rise to a debit under section OP 35. 2: Subsection (1) applies for the 2008–09 and later income years. 454: New section OP 33B inserted 1: After section OP 33 OP 33B: Consolidated ICA debit for transfer from tax pooling account for policyholder base liability Debit 1: A consolidated imputation group has an imputation debit for the amount transferred from a tax pooling account to their tax account with the Commissioner, to the extent to which the amount satisfies its schedular income tax liability for schedular policyholder base income or its income tax liability for a life fund PIE that is a multi-rate PIE. Table reference 2: The imputation debit in subsection (1) is referred to in table O20: imputation debits of consolidated imputation groups, row 7B (debit for transfer from tax pooling account for policyholder base liability). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: ICA company, imputation credit, imputation debit, life insurer, schedular income tax liability, schedular policyholder base income, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 455: Consolidated ICA refund of tax credit 1: Section OP 35(1) Debit 1: A consolidated imputation group has an imputation debit for— a: the amount of a transfer under section LA 6(2)(d) (Remaining refundable credits: PAYE, RWT, and certain other items) to the extent to which the transfer does not lead to a refund of income tax: b: the amount of a refund under section LA 6(2)(e): c: an amount used under section LH 2(6) (Tax credits relating to expenditure on research and development) to pay an amount payable under an Inland Revenue Act to the extent to which the use does not lead to a refund of income tax. Exclusion 1B: Despite subsection (1), a consolidated imputation group does not have an imputation debit to the extent to which— a: the amount transferred, refunded, or used is a tax credit for a payment of FDP relating to a dividend derived by a group company; and b: the dividend was derived when the company— i: had an FDP account and was not part of a consolidated group; or ii: was part of a consolidated group with an FDP account. 2: Section OP 35(3) 3: The debit date is— a: for a debit referred to in subsection (1)(a), the day the amount is transferred: b: for a debit referred to in subsection (1)(b), the day the amount is refunded: c: for a debit referred to in subsection (1)(c), the day the amount is applied. 3: In section OP 35 FDP pay tax credit 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 456: Section OP 38 repealed 1: Section OP 38 2: Subsection (1) 457: Consolidated ICA transfer to policyholder credit account 1: After section OP 44(5) Mandatory transfer for group with non-standard accounting year 6: Despite the absence of an election during the tax year, a consolidated imputation group that has adopted a non-standard accounting year is treated as having chosen at the end of the tax year to transfer the credit described in subsection (7) from the imputation credit account to the policyholder credit account. Credit 7: The consolidated imputation group is treated as having made an election for a tax year to the extent to which— a: during the tax year, or no later than the end of the accounting year corresponding to the tax year, a credit arises under— i: section OP 7: table O19 (imputation credits of consolidated imputation groups), row 2 (income tax paid for group tax liability) for a payment of provisional tax; or ii: section OP 14: table O19 (imputation credits of consolidated imputation groups), row 9 (FDP paid by group company) for a payment of FDP; and b: during the tax year, the credit has not been cancelled by a later debit arising under— i: section OP 30: table O20 (imputation debits of consolidated imputation groups), row 4 (refund of income tax or provisional tax to group) for a refund of provisional tax paid during the accounting year: ii: section OP 34: table O20 (imputation debits of consolidated imputation groups), row 8 (refund of FDP when no FDP account) for a refund of FDP paid during the accounting year; and c: the credit has not been included in a credit balance transferred by an election under subsection (3). Ordering rule 8: For the purpose of determining under subsection (7)(b) whether a debit has cancelled a credit, debits are treated as cancelling credits in the order in which the credits arise. 2: In section OP 44 accounting year FDP pay provisional tax tax year 3: Subsection (1) applies for the 2008–09 and later income years. 458: Section OP 44 replaced 1: Section OP 44 OP 44: Consolidated ICA debit for policyholder base imputation credits Debit 1: A consolidated imputation group has an imputation debit for the amount of an imputation credit attached to a dividend derived by a group company, to the extent to which it is derived by a group company that is a life insurer and apportioned to that life insurer's policyholder base. Table reference 2: The imputation debit in subsection (1) is referred to in table O20: imputation debits of consolidated imputation groups, row 18 (debit for policyholder base imputation credits). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: consolidated imputation group, imputation credit, imputation debit, life insurer, policyholder base, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 459: Table O19: imputation credits of consolidated imputation groups 1: Table O19, row 9 is repealed. 2: Table O19, rows 15 and 16 are repealed. 3: Subsection (1) 4: Subsection (2) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 460: Table O20: imputation debits of consolidated imputation groups 1: In table O20, after row 7, the following is inserted: 7B Debit for transfer from tax pooling account for policyholder base liability 31 March section OP 33B 2: Table O20, row 9 is replaced by the following: 9 Transfer, refund, or use of tax credit day of transfer, refund, or use section OP 35 3: Table O20, row 12 is repealed. 4: In table O20, row 18, day of election set out in section OP 44 5: In table O20, row 18 is replaced by the following: 18 Debit for policyholder base imputation credits 31 March section OP 44 6: Subsections (1) and (5) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 7: Subsections (2) and (4) apply for the 2008–09 and later income years. 8: Subsection (3) 461: When credits and debits arise only in consolidated FDP group accounts 1: Section OP 54(2) 2: The credit referred to in subsection (1) is a credit under section OP 58, described in table O21, row 4. 2: In section OP 54(4)(d) ratio). ratio): e: section OP 74, row 12 (debit for policyholder base FDP credits). 3: Subsection (1) 4: Subsection (2) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 462: Section OP 56 repealed 1: Section OP 56 2: Subsection (1) 463: Section OP 57 repealed 1: Section OP 57 2: Subsection (1) 464: Section OP 61 repealed 1: Section OP 61 2: Subsection (1) 465: Section OP 62 repealed 1: Section OP 62 2: Subsection (1) 466: Consolidated FDPA refund of tax credit 1: Section OP 68(1) 1: A consolidated FDP group has an FDP debit for the amount of a transfer or refund under section LA 6(2)(d) or (e) (Remaining refundable credits: PAYE, RWT, and certain other items) to the extent to which the amount transferred or refunded is a tax credit under subpart LF (Tax credits for FDP credits) relating to a dividend derived by a group company that is part of the group at the time it derives the dividend. 2: Section OP 68(3) 3: The debit date is the day the transfer or refund is made. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 467: Section OP 74 replaced 1: Section OP 74 OP 74: Consolidated FDPA debit for policyholder base FDP credits Debit 1: A consolidated FDP group has an FDP debit for the amount of an FDP credit attached to a dividend derived by a group company, to the extent to which it is derived by a group company that is a life insurer and apportioned to that life insurer's policyholder base. Table reference 2: The FDP debit in subsection (1) is referred to in table O22: FDP debits of consolidated FDP groups, row 12 (debit for policyholder base FDP credits). Debit date 3: The debit date is the last day of the tax year. Defined in this Act: consolidated FDP group, FDP credit, FDP debit, life insurer, policyholder base, tax year . 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 468: Table O21: FDP credits of consolidated FDP groups 1: Table O21, rows 2, 3, 7, and 8 are repealed. 2: Subsection (1) 469: Table O22: FDP debits of consolidated FDP groups 1: Table O22, row 8 is repealed. 2: In table O22, row 12 is replaced by the following: 12 Debit for policyholder base FDP credits 31 March section OP 74 3: Subsection (1) 4: Subsection (2) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 470: CTR accounts of consolidated groups 1: In section OP 78(1) has must maintain 2: Subsection (1) applies for the 2008–09 and later income years. 471: When credits and debits arise only in CTR group accounts 1: Section OP 79(2) 2: The credit referred to in subsection (1) is a credit under section OD 7, described in table O5, row 4. 2: Subsection (1) 472: Section OP 81 repealed 1: Section OP 81 2: Subsection (1) 473: Section OP 82 repealed 1: Section OP 82 2: Subsection (1) 474: Section OP 88 repealed 1: Section OP 88 2: Subsection (1) 475: Section OP 95 repealed 1: Section OP 95 2: Subsection (1) 476: Table O23: conduit tax relief credits of consolidated groups 1: Table O23, rows 2 and 3 are repealed. 2: Subsection (1) 477: Table O24: conduit tax relief debits of consolidated groups 1: Table O24, row 3 is repealed. 2: Subsection (1) 478: Section OP 99 repealed 1: Section OP 99 2: Subsection (1) 479: Heading and sections OP 105 to OP 108 repealed 1: The heading before section OP 105 and sections OP 105 to OP 108 2: Subsection (1) 480: New heading and section OP 108B inserted 1: Before table O25, the following is inserted: Debit if credit balance at beginning of first affected income year OP 108B: Consolidated BETA group with credit balance at beginning of first affected income year If a consolidated BETA group has a credit balance in its branch equivalent tax account at the beginning of the first income year for which this section applies to the group, a branch equivalent tax debit of an amount equal to the credit balance arises in the branch equivalent tax account at that time. Defined in this Act: branch equivalent tax account, branch equivalent tax debit, consolidated BETA group, income year . 2: Subsection (1) 481: Table O25: branch equivalent tax credits of consolidated BETA groups 1: Table O25, row 2 is repealed. 2: Subsection (1) 482: Table O26 repealed 1: Table O26 is repealed. 2: Subsection (1) 483: Headings and sections OP 109 to OP 116 repealed 1: The headings before section OP 109 and sections OP 109 to OP 116 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 484: Tables O27 and O28 repealed 1: Tables O27 and O28 are repealed. 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 485: ASCA lost excess available subscribed capital 1: Section OZ 5(6)(a) a: non-taxable gains and losses, including exempt income; and . 2: Subsection (1) 486: Modifying ratios for imputation credits and FDP credits 1: In section OZ 10(2) section OA 5(2) and (3) (Credits) sections LE 8, LE 9, LF 6, and LF 7 (which relate to tax credits for imputation credits and FDP credits) 2: Subsection (1) applies for the 2008–09 and later income years. 487: New section OZ 18 added After section OZ 17 OZ 18: Credit-back of PCA balance When this section applies 1: This section applies for a life insurer immediately before a day (the application day a: 1 July 2010, if the life insurer does not have an early life regime application day, or b: their early life regime application day, if the life insurer does have an early life regime application day. Credit-back 2: Immediately before the application day,— a: the credit balance of a life insurer's policyholder credit account is credited as an imputation credit to the life insurer's imputation credit account, and the policyholder credit account is debited accordingly: b: the credit balance of a consolidated group's policyholder credit account is credited as an imputation credit to the consolidated group's imputation credit account, and the consolidated group's policyholder credit account is debited accordingly. Defined in this Act: early life regime application day, consolidated group, imputation credit, imputation credit amount, life insurer, policyholder credit account . 488: What this Part does 1: Section RA 1(g) 2: In section RA 1 FDP 3: Subsection (1) 489: Tax obligations for employment-related taxes 1: In section RA 5 Withholding and payment obligations . 2: Section RA 5(c) c: an employer's superannuation cash contribution. 3: In section RA 5 Timing for PAYE income payments 2: An amount of tax withheld from a PAYE income payment must be withheld at the time the person makes the payment. 4: In section RA 5 employer's superannuation contribution employer's superannuation cash contribution 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 490: Withholding and payment obligations for passive income 1: Section RA 6(3) 2: After section RA 6(3) Timing for payments of passive income 4: An amount of tax withheld under subsections (1) and (2) must be withheld at the time the person makes the payment. 3: In section RA 6 FDP foreign dividend 4: Subsection (1) 5: Subsection (2) applies for the 2008–09 and later income years. 491: When obligations not met 1: In section RA 10(1)(a) an employer's superannuation contribution an employer's superannuation cash contribution 2: In section RA 10(1)(b) the amount; or the amount. 3: In section RA 10 employer's superannuation contribution employer's superannuation cash contribution 4: In section RA 10 FDP 5: Subsection (1) applies for the 2008–09 and later income years. 6: Subsection (2) 492: Payment dates for interim and other tax payments 1: Section RA 15(2)(b) to (d) b: when the period for which the payment is made is a month or a period that is longer than a month but not a period referred to in paragraph (c) or (d), by the 20th day of the month after the relevant end date: c: when the period for which the payment is made is an income year or a tax year other than that referred to in paragraph (d), or both, or the last quarter of a tax year, by 31 May: d: for a close company that pays FBT on an income year basis, by terminal tax date. 2: Section RA 15(2)(c) c: when the period for which the payment is made is a tax year or income year or both, by 31 May: cb: despite subsection (3)(c), for FBT payable for the last quarter of a tax year, by 31 May: . 3: Section RA 15(3)(c) c: for FBT payable quarterly under sections RD 58 RD 59 RD 62 . 4: In section RA 15 FDP 5: Subsection (1) applies for the 2008–09 and later income years. However, subsection (1) does not apply to a person in relation to a tax position taken by the person— a: in the period from 1 April 2008 to the date of Royal assent of this Act; and b: in relation to the payment of FDP; and c: relying upon section RA 15(2) 6: Subsection (3) 493: Amalgamation of companies 1: In section RA 20 Amalgamated company's obligation . 2: In section RA 20 Thresholds for close companies 2: For the purpose of determining whether the threshold under section RD 60 section RA 5(1)(a) and (c) 3: In section RA 20 amalgamation close company gross income year 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 494: Regulations 1: In section RA 21(4) subsection (2) subsection (3) 2: Subsection (1) applies for the 2008–09 and later income years. 495: Application of other provisions for purposes of ESCT rules and NRWT rules 1: In section RA 23(2) an amount of tax for an employer's superannuation contribution ESCT 2: Section RA 23(2) 3: In section RA 23 employer's superannuation contribution 4: Subsection (1) applies for the 2008–09 and later income years. 496: Payment of terminal tax 1: In section RB 1 section RA 3 (Terminal tax obligations) section RA 13 (Payment dates for terminal tax) 2: Subsection (1) applies for the 2008–09 and later income years. 497: Schedular income tax liability for filing taxpayers for non-resident passive income 1: In section RB 3(2) paragraph (h) paragraph (f) 2: Subsection (1) applies for the 2008–09 and later income years. 498: Who is required to pay provisional tax? 1: Section RC 3(2)(d) d: a multi-rate PIE that does not choose to calculate and pay tax using the provisional tax calculation option under section HM 44 (Provisional tax calculation option). 2: In section RC 3 a: portfolio tax rate entity b: multi-rate PIE 3: Subsection (1) applies for the 2010–11 and later income years. 499: Estimation method 1: Section RC 7(7) 2: In section RC 7 qualifying event self-assessed adverse event 500: Attribution rule for income from personal services 1: Section RC 34(1) to (6) When this section applies 1: This section applies for the purposes of the provisional tax rules and Part 7 section GB 27 working person associated entity Associated entity transferring amount to working person 2: If, in a tax year, the associated entity pays an amount of tax that is more than the provisional tax payable for the tax year, the entity may transfer some or all of the overpayment to the working person to the extent to which the amount of provisional tax paid by the person is less than their residual income tax for the tax year. Working person transferring amount to associated entity 3: If, in a tax year, the working person pays an amount of tax that is more than the provisional tax payable for the tax year, they may transfer some or all of the overpayment to the associated entity to the extent to which the amount of provisional tax paid by the entity is less than their residual income tax for the tax year. When transfer made 4: The associated entity and the working person may transfer an amount under subsection (2) or (3), as applicable, on or after the later of— a: the day on which the overpayment of provisional tax is paid by the entity or person, as applicable: b: the day on which the instalment of provisional tax payable for the tax year becomes payable by— i: the person, if the entity is making the transfer; or ii: the entity, if the person is making the transfer. Notice 5: The Commissioner must be notified of a transfer under subsection (2) or (3) in a notice that— a: names the person to whom a transfer is made, and the amount to be transferred; and b: states the date on which the overpayment is treated as transferred to the associated entity or working person, as applicable; and c: is provided within the time for filing a return of income for the tax year for the person to whom the transfer is made, or an extended time allowed by the Commissioner. When transfer made and how transfer treated 6: For the purposes of this section,— a: a transfer under subsection (2) or (3) is treated as made on the day stated in the notice; and b: provisional tax transferred by the associated entity to the working person for a tax year is treated as provisional tax paid by the working person and not by the associated entity; and c: provisional tax transferred by the working person to the associated entity is treated as provisional tax paid by the associated entity and not by the working person. 2: In section RC 34 amount of tax associated person 3: Subsection (1) applies for the 2008–09 and later income years. 501: Section RC 36 repealed Section RC 36 502: PAYE rules and their application Section RD 2(1)(b) b: sections LA 6, LB 1, and LD 4 (which relate to tax credits); and . 503: PAYE income payments 1: Section RD 3(1)(b)(iii) iii: an amount paid or benefit provided, by a person (the claimant personal service rehabilitation payment 2: Section RD 3(3) 3: The person may choose to treat all amounts paid to them in the income year in their capacity as employee of the close company as income other than from a PAYE income payment. 3: Section RD 3(4) 4: All amounts paid to the person in later income years in their capacity as employee of the close company are treated as income other than from a PAYE income payment. 4: Subsections (2) and (3) apply for the 2008–09 and later income years. However, subsections (2) and (3) do not apply to a person in relation to a tax position taken by the person— a: in the period from 1 April 2008 to the date of Royal assent of this Act; and b: relating to the treatment of an amount of income; and c: relying upon section RD 3(3) and (4) 504: Salary or wages 1: In section RD 5(1)(b)(ii) subsections (2) to (7) subsections (2) to (8) 2: Section RD 5(1)(c)(v) v: an employer's superannuation contribution other than a contribution referred to in subsection (8): . 3: Section RD 5(6)(a) a: a gratuitous payment as described in paragraph (a) of the definition of pension . 4: In section RD 5(6)(c) 1987 or section 303 of the Education Act 1989 1987, section 303 of the Education Act 1989, or an enactment substituted for those sections 5: After section RD 5(7) Accommodation benefits 8: A benefit treated as income under section CE 1(1)(c) (Amounts derived in connection with employment) is included in salary or wages. 6: After section RD 5(8) Cash contributions 9: An amount of an employer's superannuation cash contribution that an employee chooses to have treated as salary or wages under section RD 68 is included in salary or wages. 7: In section RD 5 accommodation 8: In section RD 5 employer's superannuation cash contribution, 9: Subsections (1), (2), and (6) apply for the 2008–09 and later income years. 10: Subsections (3) and (4) apply for the 2008–09 and later income years. 505: Certain benefits and payments 1: Section RD 6(1)(a) and (b) a: an accommodation benefit treated as income under section CE 1(1)(c) (Amounts derived in connection with employment); or b: another benefit in kind that is included in their salary or wages; or . 2: In section RD 6 accommodation 506: Schedular payments In section RD 8(1)(b)(v) who does not have who has 507: Reduction in certain circumstances 1: After section RD 11(3) When Commissioner makes determination under section RD 8(3) 4: If the Commissioner makes a determination under section RD 8(3) in relation to the amount or proportion of expenditure that a person incurs in deriving a schedular payment, the basis for calculating the amount of tax for the schedular payment is the reduced amount found after subtracting the amount or proportion of expenditure determined by the Commissioner from the amount of the payment. This subsection overrides section RD 10(3). 2: In section RD 11 amount schedular payment 3: In section RD 11 NC 13 NC 13, Income Tax (Withholding Payments) Regulations 1979, regulation 6(3) 4: Subsection (1) applies for the 2008–09 and later income years. 508: Multiple payments of salary or wages 1: Section RD 12(2)(b) b: to salary or wages from employment as a casual agricultural employee, election day worker, or non-resident seasonal worker. 2: In section RD 12 non-resident seasonal worker 3: Subsection (1) applies for the 2009–10 and later income years. 509: Advance payments of salary or wages 1: Section RD 13(1)(a) a: an employee receives from an employer a payment of salary or wages referred to in section RA 5(1)(a) and (c) (Tax obligations for employment-related taxes); and . 2: Subsection (1) applies for the 2008–09 and later income years. 510: New section RD 13B inserted After section RD 13 RD 13B: Adjustments for payroll donations When this section applies 1: This section applies when an employee makes a payroll donation for a pay period for which they have a tax credit under section LD 4 (Tax credits for payroll donations). Subtracting amount of tax credit 2: The employer or PAYE intermediary must subtract the amount of the tax credit from the amount of tax for the employee's PAYE income payment for the pay period and record the information in the relevant employer monthly schedule. Defined in this Act: employee, employer, employer monthly schedule, pay period, PAYE income payment, PAYE intermediary, payroll donation, tax credit . 511: Payments of extra pay with other PAYE income payments 1: In section RD 17(1) the sum of the extra pay and the annualised value of all PAYE income payments made the annualised value of all PAYE income payments, excluding the extra pay, made 2: Subsection (1) applies for the 2008–09 and later income years. 512: Schedular payments without notification 1: Section RD 18(3) Additional amount of tax 3: The person must withhold, in addition to the amount calculated under section RD 10(3), an amount of tax for the schedular payment determined as follows: a: 5% of the amount of the schedular payment if— i: the person receiving the payment is a company that is a non-resident contractor; and ii: the non-resident contractor receives the payment other than as a result of a choice that is made for the purposes that include a purpose of defeating the intent and application of paragraph (b): b: 15% of the amount of the schedular payment in all other cases. Non-application to non-resident entertainers 4: This section does not apply if the schedular payment is made to a non-resident entertainer. 2: Subsection (1) applies for the 2008–09 and later income years. 513: Schedular payments to non-resident entertainers Section RD 19(2) 514: PAYE income payment forms for amounts of tax paid to Commissioner 1: In section RD 22 Returns for amounts of tax paid to Commissioner 2: Section RD 22(1) Paying amount withheld with returns 1: An employer or a PAYE intermediary who withholds an amount of tax from a PAYE income payment must pay the amount to the Commissioner under section RD 4 and provide an employer monthly schedule and a PAYE income payment form in relation to the amount. 3: In section RD 22(2) 2: The employer or PAYE intermediary must provide the employer monthly schedule and PAYE income payment form referred to in subsection (1) by— . 4: Section RD 22(3) Returns when gross amounts of tax are less than $100,000 3: Despite subsection (2), an employer who meets the requirements of subsection (3B) must provide the employer monthly schedule and the PAYE income payment form by the 20th day of the month following that in which an amount of tax is withheld. Requirements 3B: For the purposes of subsection (3), the employer must— a: not be a new employer; and b: have gross amounts of tax of less than $100,000 withheld under section RA 5(1)(a) and (c) (Tax obligations for employment-related taxes) for both— i: PAYE income payments: ii: employer's superannuation cash contributions. 5: In the heading to section RD 22(3) $100,000 $500,000 6: In section RD 22(3B) $100,000 $500,000 7: Section RD 22(4) 4: Despite subsection (2), an employer who is a new employer must provide the employer monthly schedule and the PAYE income payment form by the 20th day of the month following that in which an amount of tax is withheld until their gross amounts of tax for PAYE income payments and employer's superannuation cash contributions payable for the tax year are more than $100,000. 8: In section RD 22(4) $100,000 $500,000 9: Section RD 22(6) 6: In addition to the requirements of subsections (2) to (4), if the employer stops carrying on a business in relation to which an amount of tax for a PAYE income payment has been withheld, they must notify the Commissioner of the cessation by the 15th day of the second month following the month in which the business is ended. 10: In section RD 22 employer monthly schedule employer's superannuation cash contribution 11: Subsections (4) and (7) apply for the 2008–09 and later income years. 515: Calculation of all-inclusive pay In section RD 51(3)(a) or applied on their account 516: Value of and payments towards fringe benefits In section RD 54 s ND 1S ss GC 15(3), (4), ND 1S 517: Close company option 1: Section RD 60(1)(a) is replaced by the following: a: the gross amounts of tax for both PAYE income payments and employer's superannuation cash contributions withheld under section RA 5(1)(a) and (c) (Tax obligations for employment-related taxes) for the tax year were no more than $100,000; or . 2: In section RD 60(1)(a) $100,000 $500,000 3: In section RD 60(6) referred to in subsection (1) withheld under section RA 5(1)(a) and (c) 4: In section RD 60 a: employer's superannuation contribution b: employer's superannuation cash contribution 5: Subsections (1) and (3) apply for the 2008–09 and later income years. 518: Small business option 1: Section RD 61(1)(a) a: the gross amounts of tax for both PAYE income payments and employer's superannuation cash contributions withheld under section RA 5(1)(a) and (c) (Tax obligations for employment-related taxes) for the tax year were no more than $100,000; or . 2: In section RD 61(1)(a) $100,000 $500,000 3: In section RD 61(6) referred to in subsection (1) withheld under section RA 5(1)(a) and (c) 4: In section RD 61 employer's superannuation cash contribution 5: Subsections (1) and (3) apply for the 2008–09 and later income years. 519: Employer's superannuation contributions 1: In section RD 65 Employer's superannuation cash contributions 2: Section RD 65(1) 1: An employer's superannuation cash contribution 3: In section RD 65(2) employer's superannuation contribution employer's superannuation cash contribution 4: In section RD 65(2)(b) amount of tax amount of tax withheld 5: In section RD 65(3) employer's superannuation contribution employer's superannuation cash contribution 6: In section RD 65(4) employer's superannuation contribution employer's superannuation cash contribution 7: Section RD 65(4) Contributions to KiwiSaver schemes and complying superannuation funds 4: Subsection (3) and, as applicable, sections RD 67 to RD 69, do not apply to an employer's superannuation cash contribution (the current contribution a: for an employee described in sections 101C(a) to (c) of the KiwiSaver Act 2006; and b: for the employee's KiwiSaver scheme, or for their complying superannuation fund and subject to the complying fund rules; and c: no more than 2% of the payment of salary or wages to which the current contribution relates. 8: In section RD 65(7) employer's superannuation contribution employer's superannuation cash contribution 9: In section RD 65(11) employer's superannuation contribution employer's superannuation cash contribution 10: Section RD 65(12) 11: In section RD 65(13) KiwiSaver calculation period KiwiSaver calculation period a: beginning with the later of— i: 1 year before the date on which the employer makes the current contribution: ii: the date on which the employer is first required to withhold from the employee's salary or wages a superannuation contribution to which the complying fund rules apply; and b: ending with the date on which the employer makes the current contribution . 12: In section RD 65 employer's superannuation contribution employer's superannuation cash contribution 13: Subsections (1) to (6) and (8) to (11) apply for the 2008–09 and later income years. 520: Calculating amounts of tax for employer's superannuation contributions 1: In section RD 67 Calculating amounts of tax for employer's superannuation cash contributions 2: In section RD 67 employer's superannuation contribution employer's superannuation cash contribution 3: Section RD 67(a) a: if the employer chooses under section RD 69(1), the amount determined under schedule 1, part D, clause 1 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits); or . 4: In section RD 67 employer's superannuation contribution employer's superannuation cash contribution 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 521: Choosing to have amount treated as salary or wages 1: In section RD 68 Amount treated as salary or wages . 2: In section RD 68(1) employer's superannuation contribution employer's superannuation cash contribution 3: After section RD 68(1) Revoking election 2: The employee's election is valid until revoked in writing. 4: In section RD 68 employer's superannuation contribution employer's superannuation cash contribution 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 522: Choosing different rates for employer's superannuation contributions 1: In section RD 69 Choosing different rates for employer's superannuation cash contributions 2: In section RD 69(1) employer's superannuation contribution employer's superannuation cash contribution 3: In section RD 69 employer's superannuation contribution employer's superannuation cash contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 523: Calculating amounts on failure to withhold 1: Section RD 70(1) 1: This section applies when an employer or PAYE intermediary does not withhold under section RD 65(3) an amount of tax for an employer's superannuation cash contribution. 2: In section RD 70 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 524: Amounts of tax treated as paid to and received by superannuation funds 1: In section RD 71(a) an amount of tax an amount of tax withheld 2: Section RD 71(c) c: the payment referred to in paragraph (a) and the receipt referred to in paragraph (b) are treated as having occurred when the superannuation fund received the employer's superannuation cash contribution. 3: In section RD 71 employer's superannuation contribution employer's superannuation cash contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 525: Resident passive income 1: In section RE 2(1) resident in New Zealand 2: In section RE 2(3)(c) paid to a person resident in New Zealand who is acting as agent or nominee of a non-resident 3: In section RE 2 resident in New Zealand 4: Subsections (1) and (2) apply for the 2008–09 and later income years. However, subsections (1) and (2) do not apply to a person in relation to a tax position taken by the person— a: in the period from 1 April 2008 to 3 December 2008; and b: in relation to the payment of an amount of resident passive income to a non-resident engaged in business in New Zealand; and c: relying upon section RE 2 526: Obligation to withhold RWT 1: Section RE 3(1)(a) and (b) a: they have an obligation to withhold an amount of tax under section RE 4 and are not excluded under sections RE 5 and RE 6 from meeting the obligation: . 2: Subsection (1) applies for the 2008–09 and later income years. 527: Persons who have withholding obligations 1: In section RE 4(6) 6: For the purposes of subsection (5), in the calculation of the amount of RWT to be credited against income tax, the amount must be converted to New Zealand currency at the option of the person deriving the resident passive income at either— . 2: In section RE 4 FDP 3: Subsection (1) 528: Agents' or trustees' obligations in relation to certain dividends 1: Section RE 9(2) 2: To the extent to which the resident passive income consists of a dividend other than a dividend treated as interest, an amount of tax that must be withheld under section RE 3 is treated as an amount to which the RWT rules apply. 2: In section RE 9 FDP rules 3: Subsection (1) 529: Notification by companies 1: In section RE 11(3) schedule 1, part D, clause 5 schedule 1, part D, clause 4 2: Subsection (1) applies for the 2008–09 and later income years. 530: Interest 1: In section RE 12(3)(a) schedule 1, part D, clause 4 or 5 schedule 1, part D, clause 3 or 4 2: Subsection (1) applies for the 2008–09 and later income years. 531: Non-resident passive income 1: The heading to section RF 2(1) Interest, certain dividends, and royalties 2: Section RF 2(2)(b) b: an amount of income to which section CV 17 (Non-resident film renters) applies: c: an amount of excluded income under section CX 56 (Portfolio investor allocated income and distributions of income by portfolio investment entities). 3: In section RF 2(2)(c) section CX 56 (Portfolio investor allocated income and distributions of income by portfolio investment entities) section CX 56C (Distributions to investors by listed PIEs) 4: In section RF 2(5) consisting of interest or an investment society dividend other than those described in subsection (3)(b) and (d) consisting of interest, investment society dividends, or a royalty other than those described in subsection (3) 5: In section RF 2 excluded income 6: Subsections (1) and (2) apply for the 2008–09 and later income years. 7: Subsection (4) applies for the 2008–09 and later income years. However, subsection (4) does not apply to a person in relation to a tax position taken by the person— a: in the period from 1 April 2008 to 3 December 2008; and b: in relation to a payment of non-resident passive income; and c: relying on section RF 2(5) 8: Subsection (3) applies for the 2010–11 and later income years. 532: Certain dividends In section RF 8 fully imputed 533: When dividends fully imputed or fully credited 1: In section RF 9(1) section RF 8(1)(d) to (f) sections RF 8 and RF 10 2: Subsection (1) applies for the 2008–09 and later income years. 534: Non-cash dividends 1: Section RF 10(1) When subsections (2) to (5) apply 1: Subsections (2) to (5) apply when a person makes a payment of non-resident passive income that consists of a non-cash dividend to the extent to which the amount is not fully imputed.” 2: In section RF 10(2) rate A × dividend payment + rate B × amount paid. 1 – rate A 3: After section RF 10(5) Fully imputed non-cash dividends 5B: When a payment of non-resident passive income consists of a non-cash dividend, the rate of NRWT payable on the amount is 0% to the extent to which the amount is fully imputed. 4: In section RF 10 fully imputed 5: In section RF 10 s NG 9 ss NG 2(1)(b)(ii), NG 9 6: Subsections (1) and (3) apply for the 2008–09 and later income years. 535: Dividends paid to companies under control of non-residents 1: The heading to section RF 11 Dividends paid to companies associated with non-residents 2: Section RF 11(1)(b) and (c) b: while the non-resident held the share, company A was associated with the non-resident; and c: the non-resident has disposed of the share to another company ( company B . 3: Subsections (1) and (2) apply for the 2010–11 and later income years. 536: Section RF 12 replaced by sections RF 12 to RF 12C 1: Section RF 12 RF 12: Interest paid by approved issuers or transitional residents When this section applies 1: This section applies in relation to an amount of non-resident passive income that consists of— a: interest that— i: is paid by an approved issuer under a registered security; and ii: is derived by a person not associated with the approved issuer; and iii: is not a payment to which section RF 12B applies: b: interest that— i: is paid by a transitional resident in relation to money borrowed by them while non-resident; and ii: is not paid in relation to a business carried on through a fixed establishment in New Zealand; and iii: is derived by a person not associated with the transitional resident; and iv: is not a payment to which section RF 12B applies. Zero-rating 2: The rate of NRWT payable on the amount is 0%. Interest paid under registered securities 3: For the purposes of the NRWT rules, an amount of interest is paid by an approved issuer under a registered security only if it is treated as paid in respect of a registered security under section 86I of the Stamp and Cheque Duties Act 1971. Defined in this Act: amount, approved issuer, associated person, business, company, fixed establishment, income, interest, life insurer, New Zealand, non-resident, non-resident passive income, NRWT, NRWT rules, pay, registered security, resident in New Zealand, transitional resident 2004 No 35 s NG 2(1)(b)(i), (ib) RF 12B: Interest derived jointly with residents When payment derived jointly with resident 1: If a person makes a payment of non-resident passive income that consists of interest derived by 2 or more persons jointly and at least 1 person deriving the interest is a New Zealand resident, the amount of tax for the payment is calculated using the formula— (tax rate × (interest paid + foreign withholding tax)) − foreign withholding tax. Definition of items in formula 2: In the formula,— a: tax rate b: interest paid c: foreign withholding tax Treatment as filing taxpayer 3: For the purposes of this section, the New Zealand resident referred to in subsection (1) is treated as a filing taxpayer. Defined in this Act: amount, amount of tax, filing taxpayer, foreign withholding tax, interest, New Zealand resident, non-resident passive income, pay 2004 No 35 s NG 2(1)(ab) RF 12C: Amount derived from non-resident life insurer becoming resident When this section applies 1: This section applies when an amount of non-resident passive income is— a: derived by a life insurer from a company resident in New Zealand; and b: treated as income as a result of the granting of the insurer's application under section EY 49 (Non-resident life insurer becoming resident). Zero-rating 2: The rate of NRWT payable on the amount is 0%. Defined in this Act: amount, company, life insurer, New Zealand, non-resident passive income, NRWT, pay, resident in New Zealand 2004 No 35 s NG 2(1)(b)(iii) . 2: Subsection (1) applies for the 2008–09 and later income years. 537: Credit balance in branch equivalent tax account 1: In section RG 5(2) section RF 2(5) and (6) (Non-resident passive income) section RG 4 2: Subsection (1) applies for the 2008–09 and later income years. 538: Using loss balances 1: In section RG 6(3)(a) section RF 2(5) and (6) (Non-resident passive income) section RG 4 2: Subsection (1) applies for the 2008–09 and later income years. 539: Reduction of payments for conduit tax relief 1: In section RG 7(2)(b) section 32M of the Tax Administration Act 1994 section RG 6 2: Subsection (1) applies for the 2008–09 and later income years. 540: Subpart RG repealed 1: Subpart RG 2: Subsection (1) 541: Refunds for overpaid tax 1: After section RM 2(1) Refundable credits 1B: An amount of tax under subsection (1) includes an amount of a refundable tax credit to which section LA 5(5) (Treatment of remaining credits) applies. 2: In section RM 2 refundable tax credit 542: Overpayment on income statements 1: After section RM 5(1) Refundable credits 1B: An amount of tax under subsection (1) includes an amount of a refundable tax credit to which section LA 5(5) (Treatment of remaining credits) applies. 2: In section RM 5 refundable tax credit 543: Using refund to satisfy tax liability 1: Section RM 10(1) 1: This section applies when a person is entitled to a refund of an amount of tax under sections RM 2 and RM 4 to RM 6. Section LB 4 (Tax credits for families) may apply to adjust the amount available. 2: In section RM 10(1) An amount of tax under this section includes an amount of a refundable tax credit under section LA 5(5) (Treatment of remaining credits). RM 6. 3: In section RM 10(4) section LA 7 (Remaining refundable credits: tax credits for families) section LA 7 4: In section RM 10 refundable tax credit 5: Subsection (1) applies for the 2008–09 and later income years. 544: Operation of PAYE intermediaries' trust accounts 1: In section RP 6(2)(b) employer's superannuation contribution employer's superannuation cash contribution 2: In section RP 6(3)(b) employer's superannuation contribution employer's superannuation cash contribution 3: In section RP 6(3)(d) employer's superannuation contribution employer's superannuation cash contribution 4: In section RP 6 employer's superannuation contribution employer's superannuation cash contribution 5: Subsections (1) to (3) apply for the 2008–09 and later income years. 545: General responsibility of employers 1: In section RP 7(3) the employer's superannuation contribution on the employee's behalf the employer's superannuation cash contribution made on the employee's behalf 2: In section RP 7 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 546: Information required from employers After section RP 8(a)(ii) iii: the amount of any payroll donations for the pay period; and iv: the amount of any tax credit under section LD 4 (Tax credits for payroll donations); and . 547: Employer's superannuation contributions 1: In section RP 11 Employer's superannuation cash contributions 2: In section RP 11 employer's superannuation contribution employer's superannuation cash contribution 3: In section RP 11 employer's superannuation contribution employer's superannuation cash contribution 4: Subsections (1) and (2) apply for the 2008–09 and later income years. 548: General responsibilities of PAYE intermediaries 1: In section RP 13(2) employer's superannuation contribution employer's superannuation cash contribution 2: In section RP 13 employer's superannuation contribution employer's superannuation cash contribution 3: Subsection (1) applies for the 2008–09 and later income years. 549: Collection, payment, and information requirements After section RP 14(a) ab: transfer the amount of any payroll donation to the relevant recipient within the period described in section 24Q of the Tax Administration Act 1994; and . 550: Tax pooling intermediaries In section RP 17 provisional tax. provisional tax, terminal tax, or an increase in an assessment of tax as described in section RP 17B(3). 551: New section RP 17B inserted After section RP 17 RP 17B: Tax pooling accounts and their use Meaning 1: A tax pooling account Use of funds in tax pooling accounts 2: An amount held in a tax pooling account on behalf of a person may be refunded, transferred, sold, or used to satisfy a person's liability for terminal tax, provisional tax, or an increased amount of tax described in subsection (3). When original liability increased 3: For the purposes of this section, an increased amount of tax— a: arises when a person's previous assessed liability is increased after— i: the Commissioner amends an assessment under section 113 of the Tax Administration Act 1994: ii: the Commissioner makes a determination under section 119 of that Act: iii: an assessment is made because the Commissioner or the person is treated under section 89H of that Act as having accepted a proposed adjustment: iv: the person makes a voluntary disclosure: b: includes deferrable tax as defined in section 3(1) of the Tax Administration Act 1994 payable by the person: c: does not include the amount of the previous assessment. Transfer within 60 days for provisional tax or terminal tax 4: If a person chooses to use funds in a tax pooling account to satisfy an obligation for provisional tax or terminal tax for a tax year, the tax pooling intermediary must ask the Commissioner within 60 days from the person's terminal tax date for the tax year to transfer the amount to the person's tax account with the Commissioner. Transfer within 60 days for increased amounts 5: If a person chooses to use funds in a tax pooling account to satisfy an obligation for an increased amount of tax under subsection (3)(a), the tax pooling intermediary must ask the Commissioner within 60 days from the date on which the Commissioner issues the notice of assessment increasing the amount to transfer the amount to the person's tax account with the Commissioner. Transfer within 60 days for deferrable tax 6: If a person chooses to use funds in a tax pooling account to satisfy an obligation for deferrable tax under subsection (3)(b), the tax pooling intermediary must ask the Commissioner within 60 days from the date on which the court proceedings are finally determined to transfer the amount to the person's tax account with the Commissioner. For the purposes of this subsection, court proceedings include proceedings before the Taxation Review Authority. Defined in this Act: amount, amount of tax, assessment, Commissioner, notice, pay, provisional tax, tax account with the Commissioner, tax pooling account, terminal tax . 552: Deposits in tax pooling accounts 1: In section RP 18(2)(c) person. person: d: transferred at the person's request to another intermediary: e: transferred at the intermediary's request to another intermediary. 2: After section RP 18(2) Effective date 2B: For the purposes of this section and sections RP 17B and RP 19, a deposit that is transferred between intermediaries under subsection (2)(d) or (e) retains its pre-transfer date. 3: Section RP 18(4) Confirming receipt of deposit and details 4: On receiving the deposit and details described in subsection (3), the Commissioner must provide confirmation of receipt. 553: Transfers from tax pooling accounts 1: Section RP 19(1) Transferring amounts 1: A tax pooling intermediary may ask the Commissioner to transfer an amount in their tax pooling account to the tax account of a person who is their client or to another intermediary. Treatment of transferred amounts 1B: An amount transferred and credited to the tax account of a person is treated as follows: a: for an amount credited on or before the person's terminal tax date for a tax year, as income tax paid to meet a provisional tax obligation under the provisional tax rules: b: for an amount credited after the person's terminal tax date for a tax year,— i: first, as applied under section 120F of the Tax Administration Act 1994 to pay interest that the person is liable to pay; and ii: secondly, as income tax paid to meet the person's provisional tax obligation. 2: In section RP 19(2) the person's tax account the person's tax account or the account of another intermediary 3: Section RP 19(3) 3: The credit date for an amount transferred to a person's tax account is— a: for a request made within the 60-day period referred to in section RP 17B(4) to (6), the date sought under subsection (2); or b: for any other case, the date on which the Commissioner receives the request for the transfer. 554: Standard method: 2008–09 and 2009–10 income years 1: In section RZ 3(3) the preceding tax year the tax year before the preceding tax year 2: Subsection (1) applies for the 2008–09 and later income years. 555: GST ratio method: 2008–09 and 2009–10 income years 1: In section RZ 4(1)(c) 2007–08 income year 2007–08 income year or an earlier income year 2: Subsection (1) applies for the 2008–09 and later income years. 556: New section RZ 11 added After section RZ 10 RZ 11: Refunds for life insurers The Commissioner must refund an amount of tax that a life insurer has paid to the extent to which–– a: the tax paid gave rise to imputation credits; and b: for a tax year corresponding to an income year before the income year that includes 1 July 2010, the life insurer would be entitled to a refund under section RM 2(1) (Refunds for overpaid tax) or any provision corresponding to it in an earlier Act, treating section RM 2(1)(a) and any corresponding provision as modified so as to exclude the amount of the life insurer's policyholder base income tax liability from the tax required to be paid by them; and c: all other relevant requirements for a refund are met. Defined in this Act: amount of tax, Commissioner, imputation credit, income year, life insurer, pay, policyholder base income tax liability, tax . 557: Definitions 1: This section amends section YA 1 2: The definition of 1973 version provisions 3: The definition of 1988 version provisions 4: The definition of 1990 version provisions 5: After the definition of accident insurance contract accommodation . 6: In the definition of actuarial reserves section EY 3 section EZ 59 7: Before the definition of actuary actuarially determined . 8: The definition of after-income tax earnings 9: The definition of after-income tax loss 10: In the definition of agricultural, horticultural, or viticultural company schedule 4, part C schedule 4, part C, clause 1(b) 11: After the definition of approved issuer arm's length amount . 12: After the definition of asset asset base . 13: The definition of associated, associated person, person associated associated, associated person, person associated . 14: After the definition of associated mining operations associated non-attributing active CFC a: associated with the CFC under section YB 2 (Two companies with common control); and b: subject with the CFC to the laws of the same country or territory under which each company is liable to income tax on its income because of its domicile, residence, place of incorporation, or centre of management; and c: a non-attributing active CFC . 15: In the definition of associated non-attributing active CFC a: associated with the CFC under section YB 2 (Two companies); and . 16: After the definition of association rebate attributable CFC amount . 17: After the definition of attributed CFC net loss attributed PIE income attributed PIE loss . 18: After the definition of attributing interest attribution period . 19: After the definition of benefit benefit fund PIE a: meets the requirements of section HM 7 (Requirements); and b: chooses to become a PIE under section HM 71 (Choosing to become PIE); and c: has not chosen to cancel PIE status under section HM 29 (Choosing to cancel status); and d: does not attribute amounts to investors . 20: After the definition of benefit fund PIE best estimate assumptions a: are actuarially determined; and b: are made using professional judgement, training and experience; and c: are not deliberately overstated or understated . 21: After the definition of bonus issue in lieu boutique investor class a: the class does not have 20 or more members; and b: the entity has 1 or more other investor classes that include 20 or more persons; and c: no investor in the class described in paragraph (a), other than the manager or trustee of the entity, can control investment decisions relating to the class; and d: the interests of investors in all investor classes described in paragraph (a) of the entity add up to less than 10% of the total value of interests in the entity . 22: In the definition of branch equivalent income as that provision read immediately before being amended by section 161 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 23: In the definition of branch equivalent loss as that provision read immediately before being amended by section 161 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 24: After the definition of calculation method calculation period a: consists of 1 or more attribution periods: b: for a calculation under the quarterly calculation option, is a quarter: c: for a calculation under the exit calculation or provisional tax calculation options, is an income year: d: for a calculation under the exit calculation option when an exit period arises, is the exit period . 25: In the definition of cancellation including on the liquidation of the company including on the liquidation of a company, and when a stapled debt security ceases to be a share 26: In the definition of charitable or other public benefit gift subpart LD (Tax credits for charitable or other public benefit gifts) sections LD 1 to LD 3 (which relate to tax credits for charitable or other public benefit gifts) 27: After the definition of class class of policies . 28: In the definition of consideration aa: includes the amount owing under a stapled debt security when the security ceases to be a share, in section CD 43 (Available subscribed capital (ASC) amount): . 29: In the definition of consolidated FDPA group consolidated FDPA group consolidated FDP group 30: In the definition of continuity provisions i: section OE 10 (BETA credit for loss of shareholder continuity); and . 31: The definition of control 32: The definition of convert convert . 33: After the definition of counted associate cover review period . 34: In the definition of credit account continuity provisions c: section OE 10 (BETA credit for loss of shareholder continuity) . 35: After the definition of credit account continuity provisions credit card repayment insurance . 36: In the definition of creditable membership a: in paragraph (b)(i), first received a contribution for the person is first received b: after paragraph (b)(i), the following is inserted: ib: the period beginning on the day which the Commissioner nominates when requested by the person, in circumstances where, due to matters outside the control of the person, the first deduction of KiwiSaver contributions was delayed, and ending on the day on which securities are first allotted by the KiwiSaver scheme for the person: . 37: After the definition of creditable membership creditor workout a: a compromise (as that term is defined in section 227 of the Companies Act 1993) that is binding under Part 14 or 15 of that Act, to the extent to which the compromise does not cancel all of a debt: b: an executed deed of company arrangement under Part 15A of the Companies Act 1993, to the extent to which it is a compromise (as that term is defined in section 227 of that Act) that does not cancel all of a debt: c: a suspension in part of the repayment of any deposit, the payment of any debt, or the discharge of any obligation, under section 44 of the Corporations (Investigation and Management) Act 1989 . 38: The definition of current accounting year 39: After the definition of debenture holder debt security . 40: After the definition of debt security deductible foreign equity distribution a: for which a deduction is allowed in the calculation of the income tax imposed by a country or territory other than New Zealand on the income of the foreign company or on the income of a company in the same group as the foreign company: b: sourced directly or indirectly out of an amount paid to the foreign company in relation to a financial arrangement or share by another company if— i: the foreign company is not liable for income tax imposed by a country or territory other than New Zealand on the amount paid to the foreign company; and ii: the other company is allowed a deduction, in the calculation of the income tax imposed by a country or territory other than New Zealand on the income of the other company, for the amount paid to the foreign company . 41: The definition of derivative instrument derivative instrument . 42: The definition of direct income interest direct income interest a: is defined in section EX 9 (Direct income interests) except for the FIF rules: b: is defined in section EX 30 (Direct income interests in FIFs) for the FIF rules . 43: In the definition of dividend a: is defined in sections CD 3 to CD 20 (which relate to income from equity) for the purposes of this Act, except for the definition of investment society dividend . 44: In the definition of dividend a: paragraph (c)(ii) is replaced by the following: ii: includes an amount paid to a shareholder that is a company and a person associated with the company paying the amount, if the amount is excluded from dividend treatment generally only as a result of sections CD 26(2)(b) (Capital distributions on liquidation or emigration) and CD 44; and : b: paragraph (d)(i) is replaced by the following: i: includes an amount paid to a shareholder that is a company and a person associated with the company paying the amount, if the amount is excluded from dividend treatment generally only as a result of sections CD 26(2)(b) and CD 44; and . 45: After the definition of dividend treated as interest donee organisation . 46: After the definition of early balance date early life regime application day . 47: After the definition of emergency call emergency event section 183ABA . 48: After the definition of emigrating company emissions unit . 49: In the definition of employee sections CW 17 (Expenditure on account, and reimbursement, of employees) and CW 18 (Allowance for additional transport costs) sections CW 17, CW 17B, CW 17C, and CW 18 (which relate to expenditure, reimbursement, and allowances of employees) 50: In the definition of employee schedule 4 (Rates of tax for schedular payments) schedule 4, parts A and I (Rates of tax for schedular payments) 51: In the definition of employee's superannuation accumulation a: employer's superannuation cash contributions: . 52: In the definition of employer a: paragraph (c)(i) is replaced by the following: i: a payment referred to in section RD 5(1)(b)(iii), (3), (6)(b) and (c), and (7) (Salary or wages): : b: in paragraph (c)(ii), schedule 4 (Rates of tax for schedular payments) schedule 4, parts A and I (Rates of tax for schedular payments) 53: In the definition of employer monthly schedule e: for each employee in the month to which the schedule relates,— i: the amount of gross earnings: ii: the total amount of tax withheld: iii: the total amount of tax credits under section LD 4 (Tax credits for payroll donations): iv: the amount of earnings not liable to the earner premium; and . 54: In the definition of employer monthly schedule h: for each employee in the month to which the schedule relates, if applicable, the amount of employer's superannuation cash contributions, less any ESCT payable under the ESCT rules; and . 55: In the definition of employer-sourced superannuation savings a: in paragraph (a), employer's superannuation contributions employer's superannuation cash contributions under section RA 5(1)(c) (Tax obligations for employment-related taxes) b: in paragraph (c),— i: that is, employer's superannuation contributions that is, employer's superannuation cash contributions under section RA 5(1)(c) ii: the employer's superannuation contributions those employer's superannuation cash contributions 56: After the definition of employer-sourced superannuation savings employer sponsored group policy . 57: The definition of employer's superannuation contribution employer's superannuation cash contribution employer's superannuation contribution . 58: The definition of ESCT ESCT a: means employer's superannuation contribution tax; and b: relates to an employer's superannuation cash contribution; and c: refers to an amount payable as income tax under the ESCT rules . 59: In the definition of ESCT rate threshold amount ESCT rate threshold amount . 60: The definition of ETS unit 61: After the definition of excess debt entity excess debt outbound company . 62: In the definition of excluded ancillary tax 63: In the definition of excluded fixed rate security substituting debenture substituting debenture or stapled debt security 64: After the definition of excluded option excluded preference share . 65: After the definition of exemption certificate existing business . 66: After the definition of existing privilege exit level exit period . 67: Before the definition of expenditure expected life risk proportion . 68: The definition of fair dividend rate method fair dividend rate method . 69: The definition of fair value method fair value method . 70: The definition of FDP rules FDP rules a: section GB 41 (FDPA arrangements for carrying amounts forward): b: sections LF 1, LF 5, and LF 8 to LF 10 (which relate to tax credits for FDP credits): c: subpart OC (Foreign dividend payment accounts (FDPA)): d: section YA 2(2)(d) to (f) (Meaning of income tax varied) . 71: After the definition of financial arrangements rules financial asset . 72: After the definition of financial assistance financial risk . 73: The definition of financial statements financial statements . 74: The definition of first tracking date 75: After the definition of fixed principal financial arrangement fixed-rate foreign equity equity holder a: at a rate that is a specific fixed percentage of the amount subscribed for the issue of the equity; or b: at a rate that— i: is a percentage of the amount subscribed for the issue of the equity; and ii: has a fixed relationship to economic, commodity, industrial, or financial indices, to banking rates of interest, or to general commercial rates of interest; or c: at a rate that would be given by paragraph (a) or (b) but for variations due to— i: a fixed relationship to a rate of income tax: ii: compensation to the holder for default by the foreign company: iii: compensation to the holder for expenditure or loss related to the holding of the equity and suffered by the holder or by a person associated with the holder; or d: equivalent to the payment of interest for money lent, having regard to— i: whether or not the equity is redeemable: ii: any security provided to the holder, including put or call options over the equity or an amount payable determined by reference to the amount of distributions payable: iii: the variability or lack of variability of the distributions payable . 76: In the definition of fixed-rate share a: in paragraph (e), equity) equity): f: in section FA 2B (Stapled debt securities) and the definitions of proportional-stapling company stapled debt security i: a share described in paragraph (a): ii: a share that would be a share described in paragraph (a) but for any dividend or variation in the rate of dividend that may occur due to a gain arising when the share is converted into another share (the other share A: a change in value of the other share in a period, and that period finishes when the share is converted, starts not more than 30 days before the share is converted, and was a term or condition of the share when the share was first issued: B: a term or condition of the share that was a term or condition when the share was first issued, and that term or condition set, for the gain, a fixed percentage equal to 5%, or a lesser percentage, of the amount subscribed for the share: iii: a share for which the dividend payable is the equivalent of the payment of interest for money lent having regard to the factors in paragraph (g): g: for the purposes of paragraph (f)(iii), the factors are–– i: whether or not the share is redeemable: ii: any security provided to the shareholder, including put or call options over the share or any amount payable determined by reference to the amount of dividend payable: iii: the variability or lack of variability of the dividend payable : b: paragraph (e) is repealed. 77: The definition of foreign dividend 78: The definition of foreign dividend company 79: The definition of foreign dividend company net earnings 80: The definition of foreign group 81: After the definition of foreign non-dividend income foreign PIE equivalent . 82: The definition of forest land unit forest land emissions unit . 83: After the definition of forestry company formation loss . 84: After the definition of fully credited for conduit tax relief fully imputed a: for the purposes of sections CB 26, EX 20B, RF 8, and RF 10 (which relate to distributions by PIEs and certain dividends), means the amount calculated under section RF 9(2) (When dividends fully imputed or fully credited): b: for the purposes of sections CW 15, HA 14, HA 16, and HA 19 (which relate to dividends paid by qualifying companies), means the amount calculated under section HA 15(2) (Fully imputed distributions) . 85: After the definition of general insurance general insurance contract . 86: After the definition of goods government screen production payment a: is in the nature of a large budget screen production grant or New Zealand screen production incentive; and b: is authorised by the New Zealand Film Commission in relation to a company that— i: is resident in New Zealand: ii: has a permanent establishment in New Zealand . 87: After the definition of grandparented consolidated company grandparenting start day . 88: The definition of grey list company grey list company a: the company is liable in the country to income tax on the company's income because the company— i: is domiciled in the country: ii: is resident in the country: iii: is incorporated in the country: iv: has its place of management in the country: b: the company is organised under the laws of the country and the country— i: imposes on persons holding income interests in the company the liability for income tax on the company's income; and ii: under the laws of the country, is the source of 80% or more of the income of the company . 89: The definition of grey list dividend 90: After the definition of group investment fund group life master policy . 91: In the definition of holding company a: for a forestry company, means a company associated with the forestry company: . 92: After the definition of home vendor mortgage honorarium . 93: After the definition of IFRS IFRS 4 . 94: After the definition of IFRS 4 IFRSE . 95: In the definition of income from employment d: in section DA 2(4), includes excluded income derived by a person from employment . 96: In the definition of income interest subpart OE subparts FE (Interest apportionment on thin capitalisation) and OE 97: In the definition of income tax liability ii: income tax for the person and a tax year calculated under subpart HM (Portfolio investment entities), if the person is a multi-rate PIE; and . 98: In the definition of international tax rules xiii: section YA 2 (Meaning of income tax varied): . 99: In the definition of international tax rules xiv: the provisions of subpart YB (Associated persons and nominees) that apply for the purposes of the 1988 version provisions (which relate to the definition of associated persons): . 100: In the definition of international tax rules paragraph (a)(xiv) 101: In the definition of international tax rules sections 61 and 183 section 61 102: In the definition of investor b: for a portfolio investment entity, is defined in section HM 4 (Who is an investor?) . 103: After the definition of investor investor class investor interest . 104: After the definition of joint venture agreement jurisdictional attributed income jurisdictional BE income jurisdictional income ratio . 105: The definition of Kyoto unit 106: After the definition of land land investment company a: is not a portfolio investment entity: b: on 80% or more of the days in the tax year on which the company has property with a market value of more than $100,000, 90% of that property consists of land or shares in a company that meets the description of this definition, and meets the requirements of section HM 12 (Income sources) land loss . 107: After the definition of land loss land provisions a: sections CB 7 to CB 11 (which relate to certain land transactions), except CB 8 (Disposal: land used for landfill, if notice of election): b: section CB 15 (Transactions between associated persons): c: sections FB 3 to FB 5 (which relate to the transfer of land on a settlement of relationship property) . 108: The definition of large budget screen production grant 109: In the definition of lease paragraph (c) paragraph (d) 110: After the definition of licence-specific assets life financial reinsurance . 111: After the definition of life financial reinsurance life fund PIE a: meets the requirements of section HM 7 (Requirements); and b: chooses to become a PIE under section HM 71 (Choosing to become PIE); and c: has not chosen to cancel PIE status under section HM 29 (Choosing to cancel status); and d: holds investment subject to life insurance policies under which benefits are directly linked to the value of the investments held in the fund . 112: After the definition of life reinsurer life risk . 113: Before the definition of limitation rule life risk component a: means–– i: for a premium paid under a life insurance policy, the amount of the premium that gives rise to income derived by the life insurer for providing services, including the bearing of life risk: ii: for a claim payable under a life insurance policy, the amount of the claim that gives rise to deductions for the life insurer for providing services, including the bearing of life risk: b: does not include an amount that is a savings component . 114: The definition of limited partnership net deduction limited partnership deduction . 115: After the definition of limited-recourse loan lines trust a: has had shares allocated or transferred to or vested in it, being shares in— i: an energy company as defined in section 2(1) of the Energy Companies Act 1992 under an approved establishment plan under that Act: ii: a company under section 76 of the Energy Companies Act 1992: iii: a company to which have been transferred assets and liabilities of the Crown under section 16 of the Southland Electricity Act 1993; and b: continues to hold shares described in paragraph (a) . 116: After the definition of listed PAYE intermediary listed PIE a: is listed on a recognised exchange in New Zealand or meets the requirements of section HM 18 (Requirements for listed PIEs: unlisted companies); and b: meets the requirements of section HM 7 (Requirements); and c: chooses to become a PIE under section HM 71 (Choosing to become PIE); and d: has not chosen to cancel PIE status under section HM 29 (Choosing to cancel status); and e: is not a life fund PIE; and f: has not chosen under section HM 2(3) (What is a portfolio investment entity?) to become a multi-rate PIE . 117: In the definition of loan and subpart LL (Underlying foreign tax credits (UFTC)), 118: In the definition of market value circumstance applies or FA 2B (Stapled debt securities) applies 119: In the definition of member credit contribution a: paragraph (a)(i) is replaced by the following: i: an employer's superannuation cash contribution made for the person: : b: after paragraph (a)(ii), the following is inserted: iib: Crown contribution (as that term is defined in the KiwiSaver Act 2006) for the person: : c: paragraph (b) is replaced by the following: b: an amount received and held for the person by the Commissioner that is an amount to which section 73, 74, or 75 of the KiwiSaver Act 2006 applies, other than— i: an employer's superannuation cash contribution made for the person: ii: an amount received and held by the Commissioner but not paid to the provider of the person's KiwiSaver scheme in the relevant member credit year unless the amount has not been paid because of the person's death or because of a refund under section 113 of the KiwiSaver Act 2006 . 120: The definitions of mortality profit mortality profit formula 121: After the definition of motor vehicle multi-rate PIE a: meets the requirements of section HM 7 (Requirements); and b: chooses to become a PIE under section HM 71 (Choosing to become PIE); and c: has not chosen to cancel PIE status under section HM 29 (Choosing to cancel status); and d: is not a benefit fund PIE; and e: is not a life fund PIE . 122: In the definition of multi-rate PIE 123: After the definition of natural resource net attributable CFC income net attributable CFC loss . 124: After the definition of new asset new business . 125: The definition of new start grant new start grant a: designated by the Minister of Agriculture as a new start grant; and b: paid by the Government of New Zealand to a person in relation to an emergency event . 126: In the definition of new tax rate person portfolio tax rate entity multi-rate PIE 127: The definition of New Zealand unit New Zealand emissions unit . 128: After the definition of nominee non-attributing active CFC non-attributing Australian CFC . 129: The definition of non-creditable dividend 130: In the definition of non-filing taxpayer b: a person whose only income derived from New Zealand is schedular payments derived in the person's capacity as a non-resident entertainer and who chooses not to file a return for the relevant tax year; or . 131: After the definition of non-integral fee non-Kyoto greenhouse gas unit a: issued by reference to the sequestration, reduction, or avoidance of emission, of human induced greenhouse gases; and b: verified to an internationally recognised standard; and c: not an emissions unit . 132: In the definition of non-refundable tax credit ab: a tax credit under section LD 4 (Tax credits for payroll donations): . 133: In the definition of non-refundable tax credit g: a tax credit under sections LS 3(3) and (4) and LS 4(3) and (4) (which relate to multi-rate PIEs and certain of their investors) and under section LS 1 (Tax credits for multi-rate PIEs) to the extent to which it arises under section HM 51 (Use of foreign tax credits by PIEs) . 134: In the definition of non-resident entertainer b: undertakes a Part F activity . 135: After the definition of non-resident person non-resident seasonal worker . 136: After the definition of notice period notified investor rate . 137: After the definition of NZIAS 17 NZIAS 23 . 138: The definition of offshore development 139: The definition of onshore development 140: In the definition of operating lease means means, except in section EW 15I(1)(b)(iib) (Mandatory use of yield to maturity method for some arrangements), 141: After the definition of outstanding balance outstanding claims reserve a: for an insurer who uses IFRS 4, the amount of the insurer's outstanding claims liability for general insurance contracts, excluding contracts having premiums to which section CR 3 (Income of non-resident general insurer) applies, as that liability is measured under Appendix D, paragraphs 5.1 to 5.2.12 of IFRS 4 for the insurer's financial statements: b: for a life insurer, the amount that would be the life insurer's outstanding claims reserve under section EY 24(3) and (4) (Outstanding claims reserving amount: non-participation policies not annuities) for general insurance contracts, excluding contracts having premiums to which section CR 3 applies, if section EY 24(3) and (4) were modified so as to apply to general insurance contracts and reinsurance contracts, instead of to life insurance policies and reinsurance contracts . 142: After the definition of overseas pension overtime . 143: In the definition of ownership interest that section that section and section YC 18B (Corporate reorganisations not affecting economic ownership) 144: After the definition of parental tax credit Part F activity . 145: In the definition of pay bb: is defined in section LD 4(7) (Tax credits for payroll donations) for the purposes of that section and section LD 8(1) (Meaning and ranking of payroll donation) and for section 24Q of the Tax Administration Act 1994 . 146: In the definition of PAYE income payment form a: paragraph (h) is replaced by the following: h: the amount of an employer's superannuation cash contribution and the amount of ESCT withheld and paid; and : b: paragraph (i) is replaced by the following: i: the amount of an employer's superannuation cash contribution and the amount of tax withheld and paid, other than that described in paragraph (h); and . 147: After the definition of payment relating to incapacity for work payroll donation . 148: In the definition of personal service rehabilitation payment a: paragraph (a) is replaced by the following: a: under section 81(3), 372, or 374 of the Injury Prevention, Rehabilitation, and Compensation Act 2001; and : b: paragraph (c) is replaced by the following: c: in providing to a person— i: a key aspect of rehabilitation referred to in section 81(1)(b), (c), (e), or (g) (relating to attendant care, child care, home help, and training for independence) of that Act: ii: a key aspect of rehabilitation referred to in section 81(1)(h) (relating to transport for independence) of that Act to the extent provided by paragraph (a)(i) of the definition of transport for independence iii: similar rehabilitation referred to in an earlier Act corresponding to that Act . 149: After the definition of petroleum mining company petroleum mining development . 150: After the definition of physical cost of production PIE PIE rules a: the following provisions: i: section BC 7(4) (Income tax liability of person with schedular income): ii: section CB 26 (Disposal of certain shares by portfolio investment entities): iii: section CP 1 (Attributed income of investors in multi-rate PIEs): iv: sections CX 55 to CX 57 (which relate to excluded income of investors in PIEs): v: sections DB 53 and DB 54 (which relate to losses of certain investors in PIEs): vi: subpart HM (Portfolio investment entities): vii: section IA 7(10) (Restrictions relating to ring-fenced losses): viii: section IC 3(2B) (Common ownership: group of companies): ix: subpart LS (Tax credits for multi-rate PIEs and investors): x: section OB 9B (ICA attributed PIE income with imputation credit): b: sections 28B, 31B, 31C, 33(1C), 38(1B), 57B, and 61(1C) of the Tax Administration Act 1994 . 151: After the definition of plot policy liabilities section EY 29 . 152: The definition of policyholder base policyholder base policyholder base allowable deductions policyholder base income . 153: The definitions of policyholder base income tax liability policyholder credit policyholder credit account policyholder debit policyholder FDP ratio policyholder income policyholder income formula policyholder net loss 154: The definitions of portfolio allocation period portfolio calculation period portfolio class fraction portfolio class investment value portfolio class net income portfolio class net loss portfolio class taxable income portfolio class taxable loss portfolio defined benefit fund portfolio entity formation loss portfolio entity investment portfolio entity tax liability portfolio investor allocated income portfolio investor allocated loss portfolio investor class, portfolio investor exit period portfolio investor interest portfolio investor interest fraction portfolio investor proxy portfolio investor rate portfolio land company portfolio listed company portfolio tax rate entity 155: The definition of portfolio investment entity portfolio investment portfolio investment entity a: a multi-rate PIE: b: a listed PIE: c: a benefit fund PIE: d: a life fund PIE . 156: In the definition of portfolio investor rate the time; or the time; and iii: the Commissioner has not notified the entity to disregard the rate that the investor has notified to the entity; or . 157: In the definition of portfolio listed company fund fund; and f: has not chosen under section HL 11 (Election to become portfolio investment entity and cancellation of election) to be a portfolio tax rate entity . 158: In the definition of portfolio tax rate entity New Zealand; and New Zealand that has chosen to become a portfolio listed company under section HL 12 (Unlisted company choosing to become portfolio listed company); and 159: The definitions of post-1989 forest land post-1989 forest land unit post-1989 forest land post-1989 forest land emissions unit a: transferred to the person under section 64 of the Climate Change Response Act 2002 for growing trees on post-1989 forest land; and b: held continuously by the person since the issue . 160: The definitions of pre-1990 forest land pre-1990 forest land unit pre-1990 forest land pre-1990 forest land emissions unit a: transferred to the person under Part 4 subpart 2 of the Climate Change Response Act 2002 in relation to pre-1990 forest land; and b: held continuously by the person since the issue . 161: In the definition of premium iii: does not include consideration received by a life insurer for the transfer of life insurance business: . 162: The definitions of premium loading premium loading formula 163: Before the definition of prepaid expenditure premium payback amount . 164: In the definition of prescribed investor rate none of paragraphs (b) and (c) none of paragraphs (b), (bb), and (c) 165: In the definition of prescribed investor rate ii: the person is a resident who derives income as a trustee of a trust other than a trust referred to in paragraph (c)(i) and who chooses to be subject to this paragraph for the tax year; or . 166: In the definition of prescribed investor rate bb: 19.5%, unless paragraph (c) applies to the person, if the person is a resident who derives income as a trustee and chooses to be subject to this paragraph for the tax year; or . 167: The definition of prescribed investor rate prescribed investor rate . (168): After the definition of prescribed rate of interest present value (gross) a: a present value calculated using the risk-free rate of return as the discount rate, gross of tax; but b: face value, if the whole discount period is less than a year present value (net) a: a present value calculated using the risk-free rate of return as the discount rate, net of tax; but b: face value, if the whole discount period is less than a year . 169: After the definition of profit profit participation policy a: means a class of life insurance policy having–– i: a segregated or identifiable asset base; and ii: policyholders who are entitled to a share of profits that is distributed to, or vested in, the policyholders from the asset base, and the policies provide for the entitlement; and iii: a fixed formula, expressed in terms of a proportion of a policyholder's share of profits from the asset base, that calculates a transfer to the benefit of the life insurer's shareholders from the profits of the asset base, and that fixed formula is consistently applied: b: includes a class of life insurance policy that substantially meets the requirements of paragraph (a) and that has a guarantee by the life insurer that capital invested will be returned or that a minimum return on capital will be paid, if— i: the life insurer has irrevocably chosen that the class be treated as a profit participation policy; and ii: the Commissioner receives a notice of the election before the start of the first income year to which it relates . 170: In the definition of profit-related debenture for the purposes of that section 171: After the definition of property proportional-stapling company a: each share in the company that is not a stapled debt security and not a fixed-rate share (a participating share b: for each participating share in the company, the amount payable for the issue of its stapled debt security is the same proportion of the available subscribed capital calculated under the slice rule of the participating share as it is for each other participating share . 172: After the definition of provisional tax rules PSR period . 173: The definition of qualifying event 174: After the definition of recognised exchange recognised seasonal employment scheme . 175: The definition of redundancy payment redundancy payment a: to a person whose employment in a position is terminated because the position has become superfluous to the requirements of their employer; and b: in compensation for the loss of the person's employment . 176: In the definition of refundable tax credit election) election): e: a tax credit under section LS 1 (Tax credits for portfolio tax rate entities and their investors) . 177: In the definition of refundable tax credit d: a tax credit under sections LS 2, LS 3(2), and LS 4(2) (which relate to multi-rate PIEs and certain of their investors): e: a tax credit under section LS 1 (Tax credits for multi-rate PIEs) to the extent to which it arises under section HM 53 or HM 55 (which relate to the use of tax credits other than foreign tax credits) . 178: After the definition of reinsurance contract reinsurance grandparenting start day . 179: The definition of related person related person . 180: The definition of relative relative a: except in section HC 36 (Trusts and minor beneficiary rule), means a person connected with another person by— i: being within the second degree of blood relationship to the other: ii: being in a marriage, civil union, or de facto relationship with the other: iii: being in a marriage, civil union, or de facto relationship with a person who is within the second degree of blood relationship to the other: iv: being adopted as a child of the other or as a child of a person who is within the first degree of relationship to the other: v: being the trustee of a trust under which a relative has benefited or is eligible to benefit: b: is defined in section HC 36(5) for the purposes of that section . 181: The definition of replacement ETS unit replacement forest land emissions unit a: the person has previously disposed of a post-1989 forest land emissions unit other than by surrender under the Climate Change Response Act 2002; and b: the person has not since the disposal acquired another emissions unit that replaces the post-1989 forest land emissions unit . 182: The definition of required interest 183: After the definition of resident foreign trustee resident group member . 184: After the definition of resident passive income residential mortgage backed security . 185: The definition of retained earnings 186: The definition of revenue account property revenue account property a: is trading stock of the person: b: if disposed of, would produce income for the person other than income under section EE 48 (Effect of disposal or event), FA 5 (Assets acquired or disposed of after deductions of payments under lease), or FA 9 (Treatment when lease ends: lessee acquiring asset): c: is an emissions unit of the person . 187: After the definition of right RMBS special purpose vehicle section HR 9 a: derives no exempt income; and b: has interests in New Zealand-originated residential mortgages, or in loans secured by New Zealand-originated residential mortgages, that are treated, for financial reporting purposes, by a registered bank as held by the registered bank; and c: the only provision of funds by financial arrangements is in respect of–– i: residential mortgage backed securities it has issued; and ii: financial arrangements incidental to its operations; and d: has residential mortgage backed securities it has issued–– i: held by the registered bank with the intention of participating in the Reserve Bank of New Zealand's domestic liquidity operations: ii: held by the Reserve Bank of New Zealand and accepted in that bank's domestic liquidity operations: iii: transferred by the Reserve Bank of New Zealand, after acceptance in that bank's domestic liquidity operations, to a person who is resident in New Zealand, or who is not resident in New Zealand but is not associated with the registered bank . 188: In the definition of salary or wages for the purposes of that section and schedule 28, clause 7 (Requirements for complying fund rules) for the purposes of those sections 189: After the definition of salary or wages savings component a: for a premium paid under a life insurance policy, the actuarially determined amount of the premium that is like the policyholder making an investment and is accounted for as increasing policyholder liabilities: b: for a claim payable under a life insurance policy, the actuarially determined amount of the claim that is like the policyholder withdrawing an investment and is accounted for as reducing policyholder liabilities savings product policy . 190: In the definition of schedular income a: schedular policyholder base income: . 191: In the definition of schedular income 192: In the definition of schedular income db: income derived by a multi-rate PIE: . 193: In the definition of schedular income section RE 4(4) (Persons who have withholding obligations) section RF 2(3) (Non-resident passive income) 194: After the definition of schedular payment schedular policyholder base income . 195: After the definition of section 200 secured amounts . 196: In the definition of settlor c: has the meaning given in paragraph (a) modified by section YB 10 (Who is a settlor?) for the purposes of sections YB 7 to YB 9 (which relate to associated persons) . 197: In the definition of share bb: includes a stapled debt security to which section FA 2B(2) (Stapled debt securities) applies: . 198: The definition of share purchase agreement share purchase agreement . 199: In the definition of share reorganisation held by the person, including the person, who holds attributing interests in the FIF held by persons, including the person, who hold attributing interests in the FIF 200: After the definition of shareholder shareholder agreement a: includes an arrangement to which the shareholders of the company are parties, in their capacity as shareholders; but b: does not include an arrangement that is–– i: the company's constitution: ii: the terms of a debt security: iii: the terms of the company's shares . 201: After the definition of shareholder agreement shareholder base shareholder base allowable deductions shareholder base income . 202: After the definition of standing timber stapled stapled debt security . 203: The definition of starting date 204: In the definition of substituting debenture for the purposes of that section 205: After the definition of supply supporting asset base section EY 17 . 206: The definition of surrender surrender . 207: After the definition of surrender surrender value surrender amount debt obligations . 208: The definition of taxation law taxation law a: a provision that is a taxation law under section 91B of the Tax Administration Act 1994: b: a provision of the Income Tax Act 1994 or Income Tax Act 2004 . 209: The definition of tax pooling account tax pooling account . 210: The definition of tax withheld tax withheld a: withheld from a PAYE income payment under the PAYE rules to the extent to which it is a tax credit under section LB 1 b: withheld and paid to the Commissioner under the RWT and NRWT rules to the extent to which it is a tax credit under section LB 3 or LB 5 (which relate to tax credits for passive income): c: paid under regulations made under section 225 of the Tax Administration Act 1994 . 211: After the definition of technology telecommunications service a: the transmission, emission, or reception of such information in analogue or digital code by a technical system using any equipment, including a cable or satellite and associated equipment, for the transmission through any medium of energy in any form, including electric current or electromagnetic radiation: b: the transfer or assignment of the right to transmit, emit, or receive such information by a system referred to in paragraph (a): c: the provision of access to a global network for the transmission, emission, or reception of such information . 212: The definition of tracking account 213: The definition of tracking associate 214: In the definition of trading stock a: in paragraph (b), in sections GC 6 in sections EB 24 (Apportionment on disposal of business assets that include trading stock), GC 6 b: paragraph (c) is replaced by the following: c: for the purposes of section GC 1 (Disposals of trading stock at below market value), has an expanded meaning as set out in section GC 1(3): . 215: The definition of UFTC 216: The definition of UFTC accounting period 217: After the definition of unlisted widely-held trust unwind section HR 10 . 218: After the definition of unwind valuation premiums . 219: Before the definition of voting interest volunteer . 220: The definition of widely-held GIF widely-held GIF a: section HM 14(1) (Minimum number of investors), treating the group investment fund as having 1 investor class consisting of all investors in the fund: b: 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust . 221: The definition of widely-held superannuation fund widely-held superannuation fund a: section HM 14(1) (Minimum number of investors), treating the superannuation fund as having 1 investor class consisting of all investors in the fund: b: 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust . 222: After the definition of working day work-related relocation . 223: The definition of zero-rated portfolio investor zero-rated investor 224: Subsections (7) and (141) apply— a: for an insurer who uses IFRS 4,–– i: for the 2009–10 and later income years, unless subparagraph (ii) applies: ii: for the first income year for which an insurer adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2009–10 income year and the person chooses to use IFRS 4 in a return of income for that first year: b: for a life insurer,–– i: on and after 1 July 2010, unless subparagraph (ii) applies: ii: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 225: Subsections (5), (10), (29), (36), (42), (51), (54), (55), (57), (58), (59), (62), (68), (84), (88), (99), (109), (119), (130), (134), (144), (145), (146), (184), (187), (193), (195), (198), (199), (214), and (217) apply for the 2008–09 and later income years. 226: Subsections (6), (12), (20), (27), (33), (35), (46), (56), (65), (67), (72), (87), (90), (112), (113), (120), (122), (124), (151), (152), (153), (161), (162), (163), (168), (169), (172), (178), (189), (190), (194), (201), (205), (207), (218), and (219) apply–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 227: Subsections (2), (3), (4), (13), (15), (31), (44), (91), (100), (107), (115), (179), (180), and (196) a: provisions other than the land provisions, for the 2010–11 and later income years: b: the land provisions other than section CB 11 c: section CB 11 228: Subsections (50) and (52) apply for the 2008–09 and later income years. However, subsections (50) and (52) do not apply to a person in relation to a tax position taken by the person— a: in the period from 1 April 2008 to 3 December 2008; and b: in relation to the rate of tax applying to a schedular payment; and c: relying on the definition of employee employer 229: Subsections (8), (9), (11), (14), (16), (22), (23), (30), (34), (38), (40), (41), (43), (61), (70), (71), (74), (75), (77), (78), (79), (80), (89), (94), (96), (104), (117), (123), (128), (129), (182), (183), (185), (203), (208), (211), (212), (213), (215), and (216) 558: Meaning of income tax varied 1: Section YA 2(6) 2: Subsection (1) 559: Treatment of qualifying company election tax, FBT, FDP penalty tax, imputation penalty tax, and withdrawal tax Section YA 3 560: Two companies with common control In section YB 2(6) This section Subsection (3) 561: Two companies with common control: 1988 version provisions After section YB 3(3) Exception for government-related entities 3B: This section does not apply to make a company an associated person of another company if the first company is an entity referred to in section YB 2(6). 562: Some definitions Section YB 20(2)(d) d: section DT 2 (Arrangement for petroleum exploration expenditure and sale of property): . 563: Table, heading, and sections YB 1 to YB 20 replaced 1: Table Y1, the heading before section YB 1 sections YB 1 to YB 20 Associated persons YB 1: What this subpart does Associated person rules and nominee rules 1: This subpart sets out the rules that— a: define when 2 persons are associated persons; and b: determine how nominees are treated. Other references 2: If a rule in this subpart states that 2 persons are associated persons for 1 or more provisions in this Act, a reference in the relevant provision to persons who are associated with each other includes those persons. Tests 3: The tests of association are categorised as follows: a: two companies, see b: a company and a person other than a company, see c: two relatives, see d: a person and a trustee for a relative, see e: a trustee and a beneficiary, see f: trustees with a common settlor, see g: a trustee and a settlor, see h: a settlor and a beneficiary, see i: a trustee and a person with a power of appointment or removal, see j: a partnership and a partner, see k: two persons who are each associated with the same third person, see Application 4: The sections in this subpart relating to associated persons apply for the purposes of the whole Act unless a section expressly states otherwise. Loss-attributing qualifying companies and shareholders 5: A special rule provides that a shareholder in a loss-attributing qualifying company and that LAQC are treated as associated persons for the purposes of section DS 4 (Meaning of film reimbursement scheme), see Low-turnover traders 6: A special rule applies for the purposes of subpart EB (Valuation of trading stock (including dealer's livestock)) to determine when a low-turnover trader is associated with a company, see Control interests in foreign companies 7: A special rule applies for the purposes of section EX 3 (Control interests: total of direct, indirect, and associated person interests) to determine when a New Zealand resident is associated with a non-resident relative, see Supplementary dividend holding companies 8: A special rule applies for the purposes of section LP 2 (Tax credits for supplementary dividends) to determine when a company is associated with a supplementary dividend holding company, see Defined in this Act: associated person, company, loss-attributing qualifying company, low-turnover trader, New Zealand resident, nominee, non-resident, relative, settlor, shareholder, supplementary dividend holding company, trustee YB 2: Two companies Common voting interests 1: Two companies are associated persons if a group of persons exists whose total voting interests in each company are 50% or more. Common market value interests 2: Two companies are associated persons if— a: a market value circumstance exists for either company; and b: a group of persons exists whose total market value interests in each company are 50% or more. Common control by other means 3: Two companies are associated persons if a group of persons exists who control both companies by any other means. General aggregation rule 4: For the purposes of subsections (1) to (3), if a person ( person A person B Aggregation rule for land provisions 5: For the purposes of subsections (1) to (3) person A person B sections YB 4(1)(b) and (2) to (4), YB 7, YB 8, and YB 10 to YB 14 Exception for certain government entities 6: Subsection (3) does not apply to 2 companies if either or both are— a: a state enterprise: b: a Crown Research Institute: c: a Crown health enterprise: d: a company that is part of the same group of companies as an entity referred to in any of paragraphs (a) to (c). Exception for international tax rules 7: In the international tax rules, 2 companies are not associated persons if 1, but not both, is a non-resident. Exception for managed funds 8: For the purposes of the land provisions, 2 companies are not associated persons if 1 is a portfolio investment entity or an entity that qualifies for PIE status. Defined in this Act: associated person, company, Crown Research Institute, group of companies, group of persons, international tax rules, land provisions, market value circumstance, market value interest, non-resident, PIE, portfolio investment entity, state enterprise, voting interest YB 3: Company and person other than company Company and 25% voting interest holder 1: A company and a person other than a company are associated persons if the person has a voting interest in the company of 25% or more. Company and 25% market value interest holder 2: A company and a person other than a company are associated persons if— a: a market value circumstance exists for the company; and b: the person has a market value interest in the company of 25% or more. General aggregation rule 3: For the purposes of subsections (1) and (2), if a person ( person A person B Aggregation rule for land provisions 4: For the purposes of subsections (1) and (2) person A person B Person other than company 5: In this section, a person other than a company includes a company acting in its capacity as a trustee of a trust. Defined in this Act: associated person, company, land provisions, market value circumstance, market value interest, voting interest YB 4: Two relatives Degree of relationship 1: Two persons are associated persons if — a: they are within 2 degrees of blood relationship: b: they are married, in a civil union, or in a de facto relationship: c: 1 person is within 2 degrees of blood relationship to the other person's spouse, civil union partner, or de facto partner. Exception: blood relationships 2: For the purposes of the land provisions and sections EB 13 (Low turnover valuation) and EC 5 (Transfer of livestock because of self-assessed adverse event), subsection (1)(a) and (c) does not apply, and persons are associated persons because of a blood relationship only if 1 is the infant child of the other. Treatment of adoption 3: For the purposes of this section, a child by adoption is treated as a natural child of the adoptive parents and not as a natural child of the birth parents. Exception 4: A person is not associated with another person under this section if the person cannot reasonably be expected to know that— a: the other person exists: b: the person is within 2 degrees of blood relationship to the other person. Defined in this Act: associated person, land provisions YB 5: Person and trustee for relative Association 1: Two persons ( person A person B Land provisions 2: This section does not apply for the purposes of the land provisions. Defined in this Act: associated person, land provisions, trustee YB 6: Trustee and beneficiary Association 1: A trustee of a trust and a person who has benefited or is eligible to benefit under the trust are associated persons. Land provisions 2: This section does not apply for the purposes of the land provisions. Defined in this Act: associated person, land provisions YB 7: Two trustees with common settlor Association 1: A trustee of a trust and a trustee of another trust are associated persons if the same person is a settlor of both trusts. Treatment of spouses and partners 2: For the purposes of this section, 2 persons who are married, in a civil union, or in a de facto relationship are treated as the same single person. Defined in this Act: associated person, settlor, trustee YB 8: Trustee and settlor Association 1: A trustee of a trust and a settlor of the trust are associated persons. Exclusion 2: This section does not apply if the trust is a charitable trust. Defined in this Act: associated person, charitable trust, settlor, trustee YB 9: Settlor and beneficiary Association 1: A settlor of a trust and a person who has benefited or is eligible to benefit under the trust are associated persons. Land provisions 2: This section does not apply for the purposes of the land provisions. Defined in this Act: associated person, land provisions, settlor, trustee YB 10: Who is a settlor? For the purposes of sections YB 7 to YB 9, settlor Defined in this Act: settlor YB 11: Trustee and person with power of appointment or removal A trustee of a trust and a person who has a power of appointment or of removal of the trustee are associated persons. Defined in this Act: associated person, trustee YB 12: Partnership and partner Association 1: A partnership and a partner in the partnership are associated persons. Limited partnerships 2: Subsection (1) does not apply if the partner is a limited partner. Instead a limited partnership and a limited partner are associated persons if the limited partner has a partnership share of 25% or more in a right, obligation, or other property, status, or thing of the limited partnership. Limited partnerships: general aggregation rule 3: For the purposes of subsection (2), if a person ( person A person B Limited partnerships: aggregation rule for land provisions 4: For the purposes of subsection (2) person A person B sections YB 2, YB 3, YB 4(1)(b) and (2) to (4), YB 7, YB 8, YB 10, YB 11, and YB 14 Defined in this Act: associated person, limited partner, limited partnership, partnership share YB 14: Tripartite relationship Test 1: Two persons ( person A person B a: person B is associated with a third person ( person C b: person C is associated with person A under any of sections YB 2 to YB 13, excluding the section under which person B is associated with person C. Exception: companies tests 2: Subsection (1) does not apply if— a: person B is associated with person C under section YB 2; and b: person C is associated with person A under section YB 3. Association for purposes of research and development tax credits 3: Subsection (1) does not apply in relation to the association of a company and a person, for the purposes of section LH 1(2) (Who this subpart applies to). Defined in this Act: associated person, company, tax credit YB 15: Exceptions for employee trusts Beneficiaries 1: Section YB 6(1) does not apply if— a: the trust is only for the benefit of employees of an employer; and b: neither the beneficiary nor any person associated with the beneficiary directly or indirectly controls the trust. Non-corporate settlors 2: For a settlor that is not a company, sections YB 7, YB 8, and YB 9(1) do not apply if— a: the settlor settles property on the terms of the trust only for the benefit of employees of the settlor; and b: neither the settlor nor any person associated with the settlor directly or indirectly controls the trust. Corporate settlors 3: For a settlor that is a company, sections YB 7, YB 8, and YB 9(1) do not apply if— a: the settlor settles property on the terms of the trust only for the benefit of its employees; and b: none of the following directly or indirectly controls the trust: i: the settlor: ii: a person associated with the settlor: iii: an executive of the settlor: iv: a director of the settlor: v: a person holding a direct voting interest of 25% or more in the settlor: vi: if a market value circumstance exists for the settlor, a person holding a direct market value interest of 25% or more in the settlor. Persons with power of appointment or removal 4: Section YB 11 does not apply if— a: the trust is only for the benefit of employees of an employer; and b: neither the person ( person A Defined in this Act: associated person, company, direct voting interest, employee, employer, market value circumstance, market value interest, settlor YB 16: Exceptions for certain trusts and charitable organisations Trustee and beneficiary and trustee for relative tests: certain trusts 1: Sections YB 5 and YB 6(1) do not apply to a trustee and another person if the trust is— a: a lines trust established under the Energy Companies Act 1992: b: an approved unit trust referred to in clause 2 of the Income Tax Act (Exempt Unit Trusts) Order 1990. Trustee and beneficiary and settlor and beneficiary tests: charitable organisation 2: Sections YB 6(1) and YB 9(1) do not apply to a trustee and a beneficiary or a settlor and a beneficiary if the beneficiary is a charitable organisation. Defined in this Act: charitable organisation, lines trust, unit trust . 2: Subsection (1) applies, for the purposes of— a: provisions other than the land provisions, for the 2010–11 and later income years: b: the land provisions other than section CB 11 c: section CB 11 564: Transparency of nominees In section YB 21 s OD 9 ss HH 1(1), OD 9 565: Heading for subpart YC The heading for subpart YC Measurement of company ownership 566: Heading and section YC 1 repealed 1: The heading before section YC 1 2: Subsection (1) applies for the 2010–11 and later income years. 567: Look-through rule for corporate shareholders In section YC 4 OD 4(4) OD 4(3)(d), (4) 568: Disregarding certain securities 1: In section YC 6(4) section YC 19 section YC 20 2: Subsection (1) applies for the 2008–09 and later income years. 569: Reverse takeovers 1: In section YC 18(6) a: in paragraph (a), , if paragraph (b) does not apply b: in paragraph (b), , if a market value circumstance exists for the company 2: In section YC 18 market value circumstance 570: New section YC 18B inserted After section YC 18 YC 18B: Corporate reorganisations not affecting economic ownership When subsection (3) applies 1: Subsection (3) applies if a company (the initial parent Description of arrangement 2: The description of the arrangement for the purposes of subsection (1) is as follows: a: the initial parent is a limited attribution company that is treated under section YC 11(3) and (4) as holding ownership interests in another company before the arrangement is entered into; and b: the ownership of the initial parent is reorganised so that another company (the new parent c: the percentage ownership interests (the final percentage inital percentage i: facilitates the arrangement, and the relevant ownership interests have a market value that is merely nominal relative to the value of the ownership interests in the new parent: ii: is the direct result of impossibility or impracticability caused by securities law requirements; and d: a person holding ownership interests in the initial parent before the arrangement is entered into does not receive a dividend, gift, or other direct benefit as a result of the arrangement. For the purposes of this paragraph,— i: ownership interests in the initial parent for which paragraph (c)(ii) applies are excluded from a person's holding of ownership interests: ii: ownership interests in the new parent are excluded from being a dividend, gift, or other direct benefit. Loss balance and credit account continuity 3: For the purposes of the tests of ownership and control in Part I and subparts LP, OA, OB, OC, OE, and OP (which relate to loss balances, tax credits, and memorandum accounts), starting from when the initial parent is first treated under section YC 11(3) and (4) as holding the ownership interests in another company, the new parent is treated as— a: existing and having the shareholders it has immediately after the arrangement's implementation: b: holding the ownership interests that the initial parent is treated under section YC 11(3) and (4) as holding: c: holding all ownership interests in the initial parent. Effect of subsection (3) 4: Subsection (3) does not prevent a change in shareholders, the holdings of ownership interests, or other circumstances, after the implementation of the arrangement from having an effect on the application of the continuity provisions and the provisions described in subsection (3) after the implementation of the arrangement. Definitions 5: In this section,–– a: ownership interest b: excluded preference share Defined in this Act: arrangement, company, continuity provision, dividend, excluded preference share, limited attribution company, ownership interest, share, shareholder . 571: Residence of natural persons 1: Section YD 1(9) and (10) 2: After section YD 1(8) Treatment of non-resident seasonal workers 11: Despite subsection (3), a non-resident seasonal worker is treated for the duration of their employment under the recognised seasonal employment scheme as a non-resident. 3: In section YD 1 transitional resident 4: In section YD 1 non-resident seasonal worker recognised seasonal employment scheme 5: Subsection (2) applies for the 2009–10 and later income years. 572: Country of residence of foreign companies 1: In section YD 3(4)(b) head head office 2: Subsection (1) applies for the 2008–09 and later income years. 573: Classes of income treated as having New Zealand source In the compare note to section YD 4 s OE 4(1) ss FB 2(2) 574: Apportionment of income derived partly in New Zealand 1: After section YD 5(1) Relationship with source rules 1B: This section does not apply to limit the effect of— a: any of the source rules in section YD 4 other than those in section YD 4(2) and (3); or b: the source rules in section YD 4(2) and (3) to the extent to which the income referred to is also income referred to in any source rule other than those in section YD 4(2) and (3). 2: In section YD 5(3) The result of the apportionment The result of the apportionment, to the extent consistent with subsection (2), 3: In section YD 5 FB 2 FB 2(1A) 575: General rules for currency conversion 1: Section YF 1(1)(c) c: this Act does not contain a specific currency conversion rule that requires the conversion of the amount into New Zealand currency under a method other than those in this section. 2: In section YF 1(3) Alternative use of monthly average rates 3: Section YF 1(3)(b) b: a provision in this Act specifically allows it. 4: Section YF 1(4) 576: New section YZ 2 inserted 1: After section YZ 1 YZ 2: Saving of effect of section 394L(4A) of Income Tax Act 1976 Section 394L(4A) of the Income Tax Act 1976 continues to apply in the same manner as it applied immediately before the repeal of that Act by the Income Tax Act 1994. 2004 No 35 s YA 5B . 2: Subsection (1) applies for the 2008–09 and later income years. 577: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits 1: In schedule 1 a: in the heading policyholder income schedular policyholder base income b: in the words after the heading, policyholder income schedular policyholder base income 2: In schedule 1 CB 28, CD 53, CS 1, EK 8, EK 12, EK 23, EX 20, EX 50, EY 43, FE 22, FM 28, HA 15, HA 24, HC 22, HC 34, HF 1, HL 29, LC 1, LC 2, LE 2, LJ 5, LP 8, LP 10, OA 18, OB 19, OB 42, OB 46, OB 69, OB 73, OB 75, OB 78, OB 80, OC 36, OC 38, OE 7, OE 8, OP 100, OP 102, RD 50, RD 51, RD 66, RD 67, RD 69, RD 70, RD 72, RE 11–RE 19, RF 9, RF 12, RM 21, YA 1. 3: Subsection (1) a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 578: Schedule 2—Basic tax rates for PAYE income payments In schedule 2 clause 7 8: `NSW' tax code If an employee has notified their employer that the employee's tax code is NSW 579: Schedule 4—Rates of tax for schedular payments 1: In schedule 4, part C, clause 1 a: paragraph (b) is replaced by the following: b: cultivation contract work: : b: paragraph (e) is repealed. 2: In schedule 4, part C, clause 2 horticultural contract work farming contract work cultivation contract work— a: means work or services provided under a contract or arrangement on or in connection with land that is used for the cultivation of fruit crops, vegetables, orchards, or vineyards: b: includes work or services provided— i: under a contract or arrangement for the supply of labour, or substantially for the supply of labour: ii: in relation to land that is intended to be used for the cultivation of fruit crops, vegetables, orchards, or vineyards: c: does not include work or services provided by— i: a post-harvest facility: ii: a management entity under a formal management agreement under which the entity is responsible for payment for the work or services provided . 3: In schedule 4 Payments for activities related to sports, media, entertainment, and public speaking 4: In schedule 4, part F, clause 4 schedular entertainment activities a Part F activity 5: In schedule 4, part F, clauses 5 6 schedular entertainment activities a Part F activity 6: In schedule 4, part F, clause 7 modelling fee Part F activity a: connected with— i: a sporting event or competition: ii: making speeches or giving lectures or talks for any purpose: iii: acting, singing, playing music, dancing, or entertaining generally, for any purpose and whether alone or not; and b: undertaken by a person who meets the requirements of any of the following paragraphs: i: they are not fully or partly sponsored under a cultural programme of an overseas government or the Government of New Zealand: ii: they are not an official representative of a body that administers a game or sport in an overseas country: iii: they are not undertaking an activity or performance under a programme of a foundation, trust, or organisation outside New Zealand which exists for the promotion of a cultural activity and is not carried on for individual profit of the member or shareholder: iv: if they are an employee, officer, or principal of a company, firm, or other person, includes the company, firm, or other person . 7: In schedule 4, part F, clause 7 schedular entertainment activities 8: Subsections (3) to (7) apply for the 2008–09 and later income years. 580: Schedule 5—Fringe benefit values for motor vehicles 1: Schedule 5, clause 3(c) c: determined under clause 4 if, in the period of 2 years before the vehicle's acquisition by the person ( person A person B 2: Subsection (1) applies for the 2008–09 and later income years. 581: Schedule 13—Depreciable land improvements 1: In schedule 13 17 pipes 2: In schedule 13, after item 17, the following is added: 18 purpose-built surfaces for outdoor sports facilities 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 582: Schedule 20—Expenditure on farming, horticultural, aquacultural, and forestry improvements 1: In schedule 20 unless clause 2 applies unless clause 2 applies, preparation 2: In schedule 20 6 45 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 583: Schedule 21—Expenditure and activities related to research and development 1: Schedule 21 8: Expenditure or an amount of depreciation loss incurred in acquiring or producing things which are inputs subjected to a process or transformation for the purposes of testing or trialling as part of the research and development activities. 2: In schedule 21 7: Expenditure or an amount of depreciation loss that is described in schedule 21, part A, clause 8, if what results from the relevant process or transformation are things that are not a trial model of, or a preliminary version of, an item of depreciable property, but only to the extent to which the expenditure or amount of depreciation loss is less than or equal to the total of— a: the amount paid for the disposal of things that result from the process or transformation, if the things are disposed of to a person who is not an associated person: b: the market value of things that result from the process or transformation, if the things are not disposed of, or are disposed of to a person who is an associated person. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 584: Schedule 24—International tax rules: grey list countries In schedule 24 ss DZ 11, YA 1 585: Schedule 25—Foreign investment funds 1: In schedule 25 ss CQ 5, DN 6, EX 28, EX 29, EX 31, EX 32, EX 35–EX 39, EX 46, EZ 32 2: In schedule 25 Foreign entities to which the FIF exemptions do not apply 3: Subsection (2) applies for the 2008–09 and later income years. 586: Schedule 27—Countries and types of income with unrecognised tax In schedule 27 ss LJ 1, LK 2 587: Schedule 28––Requirements for complying fund rules Schedule 28 7: The sixth requirement is that the rules require, as a minimum, contributions to be deducted for an employee at the rate of 2% of gross salary or wages 588: New schedule 29—Portfolio investment entities: listed investors After schedule 28 “ ss HM 21, HM 22 Portfolio investment entities: listed investors A: 1: A PIE or an entity that qualifies for PIE status. 2: A foreign PIE equivalent. 3: A life insurer. 4: The New Zealand Superannuation Fund. 5: The Accident Compensation Corporation, or a Crown entity subsidiary of the Corporation. 6: The Earthquake Commission. 7: Auckland Regional Holdings. 8: A boutique investor class, treating interests combined under section HM 16 as held by 1 person. B: 1: A superannuation fund established under the proposal for the restructuring of the National Provident Fund required by the National Provident Fund Restructuring Act 1990. 2: The fund established by the Government Superannuation Fund Act 1956. 3: A public unit trust. 4: A community trust. 5: A superannuation fund that— i: was in existence before 17 May 2006; and ii: would, if treated as a unit trust, meet the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust iii: has no investor, other than its manager or trustee, who can control its investment decisions. 589: Schedule 32—Recipients of charitable or other public benefit gifts 1: In schedule 32 Bright Hope International Trust 2: In schedule 32 Educational Aid for International Development Trust Board Global Hope Ingwavuma Orphan Trust Fund of New Zealand Kyrgyzstan New Zealand Rural Trust L Women of Africa Fund Partners Relief and Development NZ Tender Trust The Band Aid Box The Destitute Children's Home, Pokhara, Charitable Trust The Palestine Children's Relief Fund Charitable Trust Triyog Himalaya Trust UNHCR (United Nations High Commissioner for Refugees) 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 590: Schedule 49—Enactments amended In the amendments to the Injury Prevention, Rehabilitation, and Compensation Act 2001 a: the second item amending section 204(1)(b) section HG 16 b: in the item amending schedule 4 an amount of tax, amount of tax an amount of tax, which amount 591: Schedule 50—Amendments to Tax Administration Act 1994 1: The item amending section 3(4)(b) 2: The item inserting the new Part 2B 3: The item amending section 125(d) 592: Schedule 51—Identified changes in legislation In schedule 51 MC 6 The reference to veteran's pension is omitted because the in-work tax credit is an incentive to return to work. 593: Schedule 52—Comparative tables of old and rewritten provisions 1: In schedule 52, part A FB 2(1), (2) a: an entry for FB 2(1), (1A) YD 5 b: an entry for FB 2(2) YD 4 2: In schedule 52, part A GC 15(1)–(3) GC 15(1)–(3) GC 15 3: In schedule 52, part A, in the second column of the entry for GC 15(3), (4) CX 18 CX 18, RD 54 4: In schedule 52, part A HH 1(1)–(4), (8), (10) a: an entry for HH 1(1) YB 21 b: an entry for HH 1(2)–(4), (8), (10) HC 28 5: In schedule 52, part A KD A1 MC 1(2) omitted 6: In schedule 52, part A KD 3(1) KD 3(1) KD 3(1) qualifying person 7: In schedule 52, part A KD 3(1) MC 4 MC 3 8: In schedule 52, part A ND 1 RA 5(b), RA 10 RA 5(1)(b), RA 10 9: In schedule 52, part A NE 3 RA 5(c), RD 66(3)–(7), (13) RA 5(1)(c), RD 66(3)–(7), (13) 10: In schedule 52, part A NG 2(1)(ab), (b)(ib), (c) a: an entry for NG 2(1)(b)(i), (ib) RF 12 b: an entry for NG 2(1)(ab) RF 12B c: an entry for NG 2(1)(b)(iii) RF 12C d: an entry for NG 2(1)(b)(ii) RF 10(5B) 11: In schedule 52, part A OD 4(4) OD 4(4) OD 4(3)(d), (4) 12: In schedule 52, part A OD 4(5A)–(5C) 13: In schedule 52, part A OD 5(5) OD 5(5A)–(5C) YC 12 14: In schedule 52, part B GB 32 GC 15(1)–(3) GC 15 15: In schedule 52, part B IC 7 IG 2(d), (11) IG 2(2)(d), (11) 16: In schedule 52, part B MC 1 KD A1, KD 1A KD 1A 17: In schedule 52, part B MC 6 KD 3(1) KD 3(1) qualifying person 18: In schedule 52, part B RD 54 ND 1S GC 15(3), (4), ND 1S 19: In schedule 52, part B RF 10 NG 9 NG 2(1)(b)(ii), NG 9 20: In schedule 52, part B RF 12 NG 2(1)(ab), (b)(ib), (c) NG 2(1)(b)(i), (ib), (iii) 21: In schedule 52, part B a: an entry for RF 12B NG 2(1)(ab) b: an entry for RF 12C NG 2(1)(b)(iii) 22: In schedule 52, part B YB 21 OD 9 HH 1(1), OD 9 23: In schedule 52, part B YC 4 OD 3(3)(d), OD 4(3)(d), (4) 24: In schedule 52, part B YC 12 OD 5(5A)–(5C) 25: In schedule 52, part B OE 4(1) FB 2(2) 26: In schedule 52, part B FB 2 FB 2(1A) 594: Consequential amendments: associated person and list of defined terms In the sections listed in schedule 1 2: Amendments to Tax Administration Act 1994 595: Tax Administration Act 1994 This Part amends the Tax Administration Act 1994 2009-10-06 Tax Administration Act 1994 2010-01-06 Tax Administration Act 1994 ss 605(1), (3), 606, 610, 682 2010-04-01 Tax Administration Act 1994 ss 599(2), 611, 613, 618, 621, 622, 626, 628(5) and (6), 645, 651(4) and (6), 679, 681 2010-07-01 Tax Administration Act 1994 ss 629, 663 596: Interpretation 1: This section amends section 3(1) 2: After the definition of disclosure notice discovery obligation . 3: The definition of late filing penalty late filing penalty . 4: The definition of response period response period . 5: In the definition of tax 6: Subsection (2) applies for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 7: Subsection (3), for a tax return required to be filed under sections 16 to 18 8: Subsection (4) applies for the 2008–09 and later income years. 9: Subsection (5) 597: Construction of certain provisions 1: Section 4A(2)(a) 2: In section 4A(2)(c) paragraph (a) or 3: In section 4A(2)(d) paragraph (a) or 4: In section 4A(2)(d) unpaid tax. unpaid tax: e: despite paragraph (d), and only for the purposes of Part 10B, the amount of tax deemed to be withheld referred to in paragraph (b) is treated as tax paid although it may not have been paid to the Commissioner by the due date. 5: In section 4A(4) RF 13, RG 3, or RG 6 or RF 13 6: Subsections (1) to (3) and (5) 598: Part 2B replaced 1: Part 2B 2B: Intermediaries for PAYE, provisional tax, and resident passive income PAYE intermediaries 15C: PAYE intermediaries and listed PAYE intermediaries 1: A person who meets the requirements of section 15F may apply under section 15D to the Commissioner for approval to become a PAYE intermediary. 2: A PAYE intermediary may apply under section 15G to the Commissioner to become a listed PAYE intermediary. To make an application, the PAYE intermediary must meet, on a continuing basis, the requirements for a PAYE intermediary. 2004 No 35 ss NBA 1, NBB 3 15D: Application for approval as PAYE intermediary 1: In order to become a PAYE intermediary, a person must— a: meet the requirements of section 15F; and b: have established a trust account that meets the requirements of section RP 6 of the Income Tax Act 2007; and c: operate systems to protect the personal information and payment details that are obtained in the course of running the account. 2: The Commissioner may approve an application if the Commissioner is satisfied that the applicant— a: will comply with the PAYE rules and the ESCT rules if they assume an employer’s obligations under those rules; and b: has systems to allow them to make payments and provide information in the format required by the Commissioner. 3: The Commissioner may approve a person as a PAYE intermediary for a set period. 2004 No 35 s NBA 2(1)(a)–(c), (2), (3) 15E: Revocation of approval 1: The Commissioner may revoke an approval given under section 15D if the person— a: does not comply with the PAYE rules: b: does not comply with the ESCT rules when they have assumed an employer’s obligations under those rules: c: is no longer fit to be a PAYE intermediary because they do not meet the requirements of section 15F: d: when they are not a natural person, has been put into liquidation or receivership: e: when they are a company, is no longer registered in New Zealand. 2: If the Commissioner revokes an approval under subsection (1)(b), the Commissioner must notify the person, and any employer for whom the person is a PAYE intermediary, of the revocation and its effective date. The effective date must not be less than 14 days from the date of notification. 3: A decision by the Commissioner under this section is not open to challenge. 2004 No 35 s NBA 2(4) 15F: Fitness of applicants 1: This section applies for the purposes of section 15D to the following: a: an applicant who is a natural person or a corporation sole: b: each member of an applicant that is an unincorporated body: c: an officer of an applicant that is a body corporate: d: a principal of an applicant. 2: The applicant, member, officer, or principal, as applicable,— a: must not be a discharged or undischarged bankrupt; or b: must not have been convicted of an offence involving fraud; or c: must be eligible to be a company director. 2004 No 35 s NBA 2(1)(c) 15G: Application for approval as listed PAYE intermediary 1: In order to become a listed PAYE intermediary, a PAYE intermediary must— a: meet the requirements of section 15D; and b: have completed and filed the returns of income required from them; and c: paid the required amounts of tax due from them. 2: A PAYE intermediary is a listed PAYE intermediary only for a period that is no more than the period for which they have been approved as a PAYE intermediary. 3: On approval of an application under this section and before acting as a listed PAYE intermediary for an employer, the listed PAYE intermediary must inform an employer who contracts their services as a listed PAYE intermediary that the Commissioner does not guarantee payment by the intermediary to an employee of the employer, or the performance of a service provided by them. 4: The Commissioner may approve a PAYE intermediary as a listed PAYE intermediary for a set period. 2004 No 35 s NBB 2 15H: Grounds for revocation of listing The Commissioner may revoke the listing of a listed PAYE intermediary if— a: an approval of the person as a PAYE intermediary is revoked: b: the person no longer meets the requirements of section 15F: c: the person does not provide a subsidy claim form by the date and in the format required by the Commissioner: d: the person does not comply with an obligation of a listed PAYE intermediary: e: the Commissioner considers revocation is necessary in order to protect the integrity of the tax system. 2004 No 35 s NBB 4(1) 15I: Procedure for revocation of listing 1: The Commissioner must notify a listed PAYE intermediary of an intended revocation under section 15H, and must provide reasons for the intended revocation. 2: If the listed PAYE intermediary who is notified by the Commissioner under subsection (1) does not resolve the matters set out in the notice to the satisfaction of the Commissioner within 30 days of the date on which they are notified, the Commissioner may give 14 days' notice of revocation. 3: At the end of the 14-day notice period under subsection (2), the listing of the listed PAYE intermediary is revoked. 4: A decision by the Commissioner under this section is not open to challenge under Part 8A. 2004 No 35 s NBB 4(2)–(5) 15J: Employers’ arrangements with PAYE intermediaries 1: An employer who wishes to enter an arrangement with a PAYE intermediary must notify the Commissioner of the proposed arrangement, providing— a: the name of the PAYE intermediary: b: the period for which the PAYE intermediary is to act for the employer: c: the bank account number of the PAYE intermediary into which the employer will deposit amounts: d: whether the proposed arrangement requires the PAYE intermediary to collect amounts under the ESCT rules. 2: On approval of the arrangement, the Commissioner must notify the employer, and the approval applies to pay periods that begin on or after 14 days after the date on which the notice is given. 3: An employer or a PAYE intermediary may end the arrangement by notifying the other party and the Commissioner. The notice must state the date that is after the notification for the end of the arrangement. 4: An employer or a listed PAYE intermediary may end an arrangement by notifying the other party and the Commissioner. The notice must state the date on which the arrangement is to end that must begin on or after 14 days after the date on which the notice is given. 2004 No 35 ss NBA 3, NBA 8, NBB 7 15K: Privacy requirements The PAYE intermediary must operate and maintain systems to protect the personal information and payment details that they acquire in running the systems. 2004 No 35 s NBA 5(3) 15L: Amended monthly schedules The PAYE intermediary may make an amended monthly schedule relating to the employee and a pay period, and is then responsible for the accuracy of the amendments. 2004 No 35 s NBA 5(4) 15M: Subsidy claim forms 1: A listed PAYE intermediary must file a subsidy claim form within 1 month of the date of filing an employer monthly schedule to which the form relates. 2: The Commissioner may amend the details in a subsidy claim form to correct an error. The amendment must be made within 2 years of receiving the form. 3: For the purposes of subsection (2), the Commissioner must give the listed PAYE intermediary 14 days' notice of a proposed amendment. 4: For the purposes of section 22, a listed PAYE intermediary must keep the necessary records to verify the information in a subsidy claim form. 2004 No 35 ss NBB 3(2), NBB 5(1)–(3) RWT proxies 15N: RWT proxies 1: If the requirements in subsection (2) are met, a person may choose to become an RWT proxy for a person who pays resident passive income that consists of a dividend by notifying the Commissioner. 2: The requirements are that— a: the person paying the resident passive income is a non-resident unit trust; and b: the person receiving the resident passive income is a natural person or a trustee of a qualifying trust who has asked the person referred to in subsection (1) to act as an RWT proxy in relation to the payment; and c: the person has agreed to act as the RWT proxy; and d: the payment of resident passive income is made while the notice is effective. 3: For the purposes of subsection (1), the notification to the Commissioner must contain the person’s election, their name, postal address, and the date from which the election applies. 4: The RWT proxy may cancel their election by notifying the Commissioner. The election stops applying from the later of— a: the date set out in the notice of cancellation: b: the date on which the Commissioner receives a notice of cancellation. 2004 No 35 s NF 2AA . 2: After section 15N Tax pooling intermediaries 15O: Establishing tax pooling accounts A person who meets the requirements of section 15R may apply under section 15Q to the Commissioner to establish a tax pooling account. 2004 No 35 s MBA 3(1) 15P: Role of Commissioner 1: The Commissioner is not required to oversee or audit the operation of a tax pooling account. 2: The Commissioner is not liable for any loss related to the operation of a tax pooling account through— a: the failure of a tax pooling intermediary to deposit in a tax pooling account an amount paid to them by a taxpayer: b: the unauthorised withdrawal by a tax pooling intermediary from a tax pooling account: c: the failure of a tax pooling intermediary to ask for a transfer of funds from a tax pooling account to a taxpayer’s tax account with the Commissioner. 2004 No 35 s MBA 4(5), (6) 15Q: Applications to establish tax pooling accounts 1: In order to establish and maintain a tax pooling account, an intermediary must— a: hold the account in their name; and b: operate systems to protect the personal information and payment details that are obtained in the course of running the tax pooling account; and c: record the balance in the tax pooling account contributed by each taxpayer. 2: A tax pooling account continues until it is wound up under section 15T. 2004 No 35 s MBA 4 15R: Fitness of applicants 1: This section applies for the purposes of section 15Q to— a: an applicant who is a natural person; and b: an officer of an applicant who is not a natural person; and c: a principal of an applicant. 2: The applicant— a: must not be a discharged or undischarged bankrupt; or b: must not have been convicted of an offence involving dishonesty; or c: must be eligible to be a company director. 2004 No 35 s MBA 3(d) 15S: Requirements for applications to establish tax pooling accounts 1: An application to establish a tax pooling account must contain— a: the applicant’s full name, address, and tax file number; and b: a statement that the applicant— i: will operate systems that allow them to meet the requirements set out in section 15Q(1); and ii: will maintain and operate the systems to meet those requirements; and c: confirmation that the applicant will establish a trust account into which they agree to pay amounts received in their role as intermediary; and d: an undertaking that, before acting as intermediary for a taxpayer, the applicant will inform the taxpayer of the following matters: i: the operation of the tax pooling account is not subject to the Commissioner’s oversight or audit: ii: the Commissioner has no liability for any loss related to the tax pooling account: iii: the applicant is fit to operate the tax pooling account as required by section 15R: iv: the applicant has met the requirements set out in paragraphs (a) to (c). 2: The Commissioner may approve an application to establish a tax pooling account if the Commissioner is satisfied that the applicant— a: is able to operate the account correctly; and b: has systems to allow them to make payments and provide information in the format required by the Commissioner. 2004 No 35 s MBA 3 15T: Winding up tax pooling accounts 1: An intermediary may wind up their tax pooling account at any time. 2: The Commissioner may require an intermediary to wind up their tax pooling account if— a: the intermediary’s actions are preventing a taxpayer from effectively managing their liability to pay provisional tax and use of money interest; or b: the intermediary is or has breached their obligations under this Part; or c: the tax pooling account is in deficit; or d: fewer than 100 taxpayers are, or are likely to be, making deposits in the tax pooling account; or e: the intermediary does not meet the requirements of section 15Q; or f: when they are not a natural person, the intermediary has been put into liquidation or receivership. 3: For the purposes of subsection (2),— a: the Commissioner may require the winding up immediately or may set another date for the winding up: b: the Commissioner must give 30 days’ notice to the intermediary of any intended action using subsection (2)(d). 4: On the winding up of a tax pooling account, the Commissioner may refund the balance of the account to the former holder of the account, or may apply to a court for directions for the disposal of the balance of the account. 2004 No 35 s MBA 8 . 3: Subsection (1) applies for the tax on income derived in the 2008–09 or later income years. 599: Information to be furnished on request of Commissioner 1: In section 17(1C)(a)(ii) paragraph (b) paragraph (a) 2: Section 17(1C)(a) a: in determining whether a non-resident is controlled by a New Zealand resident, the New Zealand resident is treated as holding anything held by a person who is resident in New Zealand, or is a controlled foreign company, and is associated with the New Zealand resident; and . 600: No requirement to disclose tax advice document 1: In section 20B(1) or under a discovery obligation under 1 or more of sections 16 to 19 2: Subsection (1) applies for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 601: Treatment of book or document 1: In section 20C(1) request for information request for, or discovery obligation for disclosure of, information 2: Section 20C(2)(a) a: from the time of the request for, or discovery obligation for disclosure of, information: . 3: Section 20C(3)(a) a: the book or document is ruled not to be a tax advice document for the person by— i: the District Court: ii: a court or Taxation Review Authority, if the claim is made in response to a discovery obligation in proceedings before the court or Authority: . 4: Subsections (1) to (3) apply for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 602: Claim that book or document is tax advice document 1: In section 20D(4)(d) information. information: e: if the requirement to disclose information is under a discovery obligation, by the date by which the discovery obligation requires the disclosure of information. 2: Subsection (1) applies for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 603: Person must disclose tax contextual information from tax advice document 1: In section 20F(2)(d) information. information: e: if the requirement to disclose information is under a discovery obligation, by the date by which the discovery obligation requires the disclosure of information. 2: In section 20F(5) 5: The Commissioner may apply to a District Court Judge, or to a court or Taxation Review Authority in relation to a tax advisor making a statutory declaration considered in proceedings before the court or Authority, that a tax advisor be barred from making statutory declarations under this section, if the tax advisor is convicted of an offence under— . 3: After section 20F(5) 6: An application under subsection (5) may be made in the course of proceedings before a court or Taxation Review Authority. 4: Subsections (1) to (3) apply for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 604: Challenge to claim that book or document is tax advice document 1: In section 20G(1) District Court Judge District Court Judge, or to the court or Taxation Review Authority hearing the proceedings giving rise to the claim, 2: Section 20G(1)(b) b: information provided or withheld by the person is tax contextual information in relation to the book or document: . 3: In section 20G(2) District Court Judge District Court Judge, court, or Taxation Review Authority 4: After section 20G(3) 4: An application under this section may be made in the course of proceedings before a court or Taxation Review Authority. 5: Subsections (1) to (4) apply for a challenge— a: commenced on or after the date on which this Act receives the Royal assent: b: commenced before the date on which this Act receives the Royal assent if,— i: at that date, a court or Taxation Review Authority has not held a case management conference or directions hearing or other hearing for the challenge and has not directed that there be no case management conference or directions hearing for the challenge; and ii: the issues raised by the challenge are not substantially similar to issues being considered by a court or Taxation Review Authority in another challenge for which, at that date, a case management conference or directions hearing or other hearing has been held or a direction has been given that there be no case management conference or directions hearing. 605: Keeping of business and other records 1: After section 22(2)(ec) ed: is an employer to whom section RD 13B of that Act applies in relation to the treatment of a tax credit for a payroll donation: . 2: Section 22(2)(j) 3: After section 22(2)(kd) ke: the transfer under section 24Q of an amount of an employee's payroll donation to the recipient of the donation; and . 4: Subsection (2) 606: Records to be kept by employer or PAYE intermediary In section 24(1) withheld from it withheld from it, and the amount of any payroll donation 607: PAYE tax codes 1: In section 24B(3) gb: NSW . 2: Subsection (1) applies for the 2009–10 and later income years. 608: Special tax code certificates 1: After section 24F(5) 5B: This section does not apply to an employee who is a non-resident seasonal worker. 2: Subsection (1) applies for the 2009–10 and later income years. 609: Variation of requirements 1: In section 24P 24B, 24H, and 24I RD 22 of the Income Tax Act 2007, and 24B, 24H, 24I, and 24L 2: Subsection (1) applies for the 2008–09 and later income years. 610: New heading and section 24Q inserted After section 24P Payroll donations 24Q: Transfer of payroll donations by employers 1: This section applies for a pay period and employer who agrees to offer payroll giving to their employees, when a person asks their employer to transfer an amount of a payroll donation from the person's pay to a donee organisation. 2: The employer or PAYE intermediary must transfer the amount to the recipient of the donation on or by the relevant date required by sections RA 15 and RD 4 of the Income Tax Act 2007 that occurs nearest to the expiry of 2 months after the end of the pay period. Until transferred to the recipient, the amount is held on trust for the person. 3: Before the transfer referred to in subsection (2) is made, the person must— a: ensure that the recipient of the donation is a donee organisation; and b: supply the employer with sufficient details of the recipient to enable the transfer to be made. 611: Section 28B replaced 1: Section 28B 28B: Notification of investors’ tax rates A New Zealand resident who is an investor in a multi-rate PIE must provide their tax file number to the PIE within 1 month of the date of a request from the PIE for the number. 2: Subsection (1) applies for the 2010–11 and later income years. 612: Portfolio tax rate entity to give statement to investors and request information 1: Section 31B(1) 2: Section 31B(2B) 2B: A portfolio tax rate entity must give a notice required by subsection (2)— a: by the end of the month following the quarter in which an investor has a portfolio exit period, if the investor has a prescribed investor rate of more than zero and invests in an entity that pays tax under section HL 22 of the Income Tax Act 2007: b: by 30 June, if the investor is not an investor referred to in paragraph (a) and invests in a portfolio tax rate entity that pays tax under section HL 22 or HL 24 of that Act: c: by 30 June, or 2 months after the end of the entity's income year if that date is after 30 June, if the investor invests in a portfolio tax rate entity that pays tax under section HL 23 of that Act. 2C: For the purposes of subsection (2B)(a), if the quarter is a second or third quarter, the portfolio tax rate entity may provide a combined notice for the affected period. 3: In section 31B(2B) subsection (1) or (2) subsection (2) 4: In section 31B(3) subsections (1) and (2) do not apply subsection (2) does not apply 613: Section 31B replaced 1: Section 31B 31B: Notification requirements for PIEs 1: An entity choosing under section HM 71 of the Income Tax Act 2007 to become a PIE must notify the Commissioner of the election. The notice must be in the prescribed electronic format. 2: A PIE choosing under section HM 29 of that Act to cancel PIE status must notify the Commissioner of the election. The notice must be in the prescribed electronic format and be provided within 1 month of the cancellation of PIE status. 31C: Notification requirements for multi-rate PIEs 1: This section sets out the notice requirements for a multi-rate PIE in relation to its investors or a proxy for investors in a multi-rate PIE. The notices must contain the information that the Commissioner considers relevant for a calculation period. 2: For an exiting investor and a PIE that calculates and pays tax using the quarterly calculation option under section HM 43 of the Income Tax Act 2007, the notice must be provided for each calculation period in which the exit period falls. The notice must be given by the end of the month following the quarter in which the exit period ends. 3: For an investor not referred to in subsection (2) who invests in a PIE that calculates and pays tax using the provisional tax calculation option under section HM 44 4: For an investor not referred to in subsections (2) and (3) who invests in a PIE that calculates and pays tax using the quarterly or exit calculation options under sections HM 42 and HM 43 of that Act, the PIE must notify the investor by 30 June after the end of the tax year. 5: The PIE must, at least once in a tax year, ask an investor to provide their tax rate under sections HM 56 to HM 59 of that Act. 6: The PIE must ask a person when they become an investor to provide their tax file number to the PIE. For each investor for whom no tax file number is held, the PIE must, at least once in a tax year, ask the investor to provide their tax file number. 2: Subsection (1) applies for the 2010–11 and later income years. 614: Records to be provided by employer who contributes to superannuation fund 1: In section 32A(1) employer's superannuation contributions employer's superannuation cash contributions 2: Subsection (1) applies for the 2008–09 and later income years. 615: Certification requirements for withdrawals subject to section CS 1 of Income Tax Act 2007 1: In section 32B(1)(a), (b), (c), (k), and (l) employer's superannuation contributions employer's superannuation cash contributions 2: Subsection (1) applies for the 2008–09 and later income years. 616: Applications for RWT exemption certificates 1: After section 32E(2)(eb) ec: the trustee of the Niue International Trust Fund: ed: the trustee of the Tokelau International Trust Fund: . 2: Section 32E(2)(i)(ii) ii: whose annual gross income for the tax year for which they last filed a return of income is more than $2,000,000: . 617: Heading and section 32N repealed 1: The heading before section 32N 2: Subsection (1) 618: Returns of income 1: Section 33(1) 1: In each tax year, a taxpayer, other than a taxpayer to whom section 33A applies or a multi-rate PIE that calculates income tax using the exit calculation or quarterly calculation option under sections HM 42 and HM 43 of the Income Tax Act 2007, must furnish to the Commissioner a return of income in the prescribed form for the preceding tax year, together with such other particulars as may be prescribed. 2: Section 33(1C) 1C: A multi-rate PIE or a proxy for an investor in the entity that calculates income tax using the exit calculation or quarterly calculation options under sections HM 42 and HM 43 of that Act must provide returns for which the entity is responsible under section 57B. 3: Subsections (1) and (2) apply for the 2010–11 and later income years. 619: Annual returns of income not required 1: After section 33A(1)(b)(ixa) ixb: salary or wages from employment as a non-resident seasonal worker if the employee has used the NSW . 2: After section 33A(1)(b)(ixb) ixc: salary or wages from employment as a non-resident seasonal worker; and . 3: In section 33A(1)(i) Student Loan Scheme Act 1992. Student Loan Scheme Act 1992; and j: is a non-resident seasonal worker. 4: Section 33A(2)(a) a: is a non-resident other than a non-resident seasonal worker employed under the recognised seasonal employment scheme; or . 5: Subsections (1) and (4) apply for the 2009–10 and later income years. 6: Subsection (2) applies for the 2008–09 income year. 7: Subsection (3) applies for the 2008–09 and later income years. 620: Electronic format of employer monthly schedule and PAYE payment form 1: In section 36A(2) that certificate in an electronic format that payment form in electronic format 2: After section 36A(2) 2B: An employer or PAYE intermediary to whom section RD 22(1) of the Income Tax Act 2007 applies must provide their employer monthly schedules and PAYE income payment forms to the Commissioner by electronic means and in the required format. But the requirement to file electronically does not apply if the employer— a: is not a new employer and has gross amounts of tax for PAYE income payments and employer's superannuation contributions payable for the preceding tax year of less than $100,000: b: is a new employer but only in relation to the months in the income year for which the total amounts of tax for PAYE income payments and employer's superannuation contributions remain under the $100,000 threshold: c: is authorised under section 36B to provide the schedule and form in a format other than an electronic format. 3: Subsection (1) applies for the 2008–09 and later income years. 621: Section 36AB replaced 1: Section 36AB 36AB: Electronic return requirements for multi-rate PIEs The Commissioner must prescribe 1 or more electronic formats in which a return required under section 57B must be provided by a multi-rate PIE or a proxy for an investor in the PIE. The Commissioner may specify conditions relating to the format, either general or in a particular case. 2: Subsection (1) applies for the 2009–10 and later income years. 622: Returns to annual balance date 1: Section 38(1B) 1B: A multi-rate PIE that does not calculate and pay tax using the provisional tax calculation option under section HM 44 of the Income Tax Act 2007 must not make an election under subsection (1). 2: Subsection (1) applies for the 2010–11 and later income years. 623: Returns by persons with tax credits for housekeeping payments and charitable or other public benefit gifts 1: Section 41A(1) 1: A person who has a tax credit under section LC 6 or sections LD 1 to LD 3 of the Income Tax Act 2007 may apply to the Commissioner for 1 or more refunds. 2: Section 41A(3) 3: The sum of the housekeeping payments under section LC 6 of that Act and charitable or other public benefit gifts under sections LD 1 to LD 3 of that Act made by a person must be no more than their taxable income in the tax year in which the payment or gift, or both, is made. 3: Section 41A(5)(b) b: the amount of a charitable or other public benefit gift to which sections LD 1 to LD 3 of that Act apply. 4: Section 41A(10) 10: When the Commissioner has considered an application, the Commissioner must notify the person of the amount of the tax credit under section LC 6 or sections LD 1 to LD 3 of that Act and of the amount of refund allowed. 624: Return by person claiming rebate on redundancy payment 1: The section heading to section 41B Return by person applying for tax credit on redundancy payment 2: Section 41B(1) 1: A person who has a tax credit under section ML 2 3: Section 41B(4) 4: When the Commissioner has considered an application for a refund, the Commissioner must, by notice, inform the taxpayer of the amount of the tax credit the taxpayer has under sections ML 1 to ML 3 of the Income Tax Act 2007 and the amount of refund allowed. 625: Portfolio tax rate entities and portfolio investor proxies to make returns, file annual reconciliation statement 1: The subsection between section 57B(3) 3B: A person who is required to perform responsibilities under subsection (3)(a) for a portfolio investor exit period must perform them by the day that is— a: the end of the 1-month period beginning from the end of the portfolio investor exit period, if paragraph (b) does not apply; or b: the 15 January following the end of the portfolio investor exit period, if the portfolio investor exit period ends in November. 2: In section 57B(6)(c) by the end of the second month by the end of the third month 626: Section 57B replaced 1: Section 57B 57B: Return requirements for multi-rate PIEs 1: This section sets out the return requirements for a multi-rate PIE or a proxy for an investor in the PIE. 2: The responsibilities for each period are— a: to file a return in the prescribed form showing— i: the amount of the tax liability of the entity for the period; and ii: further information that the Commissioner considers relevant; and b: to pay an amount of tax equal to the PIE’s tax liability for the investor for the period. 3: If the PIE does not calculate and pay its tax liability using the exit calculation or provisional tax calculation option in section HM 42 or HM 44 of the Income Tax Act 2007 for a tax year, the PIE must carry out their responsibilities for a calculation period in the tax year by the end of the month that follows the month in which the calculation period ends. 4: If the PIE calculates and pays its income tax liability using the provisional tax calculation option under section HM 44 of that Act for a tax year, the PIE must carry out their responsibilities for the tax year as a person with a provisional tax liability under the provisional tax rules. 5: If the PIE calculates and pays its income tax liability using the exit calculation option under section HM 42 of that Act for a tax year, the PIE must carry out their responsibilities— a: for an exiting investor whose exit period falls in the tax year, for the exit period by— i: the end of the month that follows the month in which the exit period ends: ii: 15 January after the end of the exit period, if the period ends in November; and b: for an investor who holds an investor interest at the end of the tax year, for the tax year by the end of the month after the end of the tax year. 6: If the PIE voluntarily makes a payment of income tax under section HM 45 of that Act for a period in a tax year that is not included in a return required under subsection (5), the PIE must file a return in the prescribed form as described in subsection (2)— a: the end of the month that follows the month in which the period ends: b: 15 January after the end of the period, if the period ends in November. 7: For a tax year, the PIE must file a return in the prescribed form in relation to information prescribed by the Commissioner— a: by the 30 June after the end of the tax year if— i: the PIE has a corresponding income year that does not end after the end of the tax year; and ii: the PIE continues to meet the requirements for PIE status at the end of the corresponding income year; or b: by the end of the 2nd month after that in which the PIE’s corresponding income year ends, if— i: the PIE has a corresponding income year that ends after the end of the tax year; and ii: the PIE continues to meet the requirements for PIE status at the end of the corresponding income year; or c: by the end of the 3rd month after that in which the PIE loses PIE status, if the cessation occurs in the corresponding income year. 2: Subsection (1) applies for the 2010–11 and later income years. 627: Disclosure of trust particulars In section 59(2) a: sections HC 27(4) and YB 21 section YB 21 b: section HH 1(1) of that Act section YB 21 of that Act 628: Disclosure of interest in foreign company or foreign investment fund 1: In section 61(1) 1: Where any person has at any time in an income year an income interest or a control interest in a foreign company or an attributing interest in a foreign investment fund, that person shall disclose to the Commissioner, in the prescribed form and with that person's return of income for the relevant tax year,— . 2: In section 61(1) 1: Where any person has at any time in an income year an income interest or a control interest in a foreign company or an attributing interest in a foreign investment fund, that person shall disclose to the Commissioner, in the prescribed form and within the time allowed by section 37 for providing the person's return of income for the relevant tax year,— . 3: In section 61(1) EX 3(b) or (d) EX 3(1)(b) or (d) 4: Section 61(1C) 1C: A portfolio tax rate entity that does not make payments of tax under section HL 23 of the Income Tax Act 2007 is required to make a disclosure under subsection (1) in the prescribed form by the due date for the entity's return under section 57B(6) for the tax year. 5: Section 61(1C) 1C: A multi-rate PIE that does not calculate and pay tax using the provisional tax calculation option under section HM 44 of the Income Tax Act 2007 must make a disclosure under subsection (1) in the prescribed form within the time allowed by section 37 for filing its return for the corresponding tax year under section 57B(7). 6: Subsection (5) applies for the 2010–11 and later income years. 629: Section 66 repealed 1: Section 66 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 630: Tax credit relating to KiwiSaver and complying superannuation fund members: member credit form 1: In section 68C(2) a: in the words before the paragraphs, section KJ 1 of the Income Tax Act 2004 section MK 1(1) of the Income Tax Act 2007 b: in paragraph (b), meets the requirements of section KJ 2(d) of that Act resides mainly in New Zealand c: in paragraph (c), section KJ 2(a) to (c), and (e) and (f) section MK 2(1)(a) to (c), and (d)(i) and (ii) 2: Section 68C(3)(b) is repealed. 631: Statements in relation to research and development tax credits: single persons 1: Section 68D(1) 2: In section 68D(2) The person A person who is not a member of an internal software development group 3: In section 68D(3)(b)(i) or 2009–10 4: Section 68D(4) 5: Subsections (1) to (4) apply for the 2008–09 and later income years. 632: Section 68E replaced 1: Section 68E is replaced by the following: 68E: Statements in relation to research and development tax credits: internal software development groups 1: The nominated member of an internal software development group must furnish, in the electronic format prescribed by the Commissioner, a statement relating to the research and development tax credits that the members of the group have under section LH 2 of the Income Tax Act 2007 for a tax year. 2: The statement described in subsection (1) must be furnished to the Commissioner no later than— a: the day that is— i: 30 days after the latest day for a member of the group to furnish a return of income or joint return of income under section 37 for the relevant tax year; or ii: a later day allowed by the Commissioner, if the Commissioner considers that a failure to meet the requirements of subparagraph (i) is a result of simple oversight; or b: the day that is 2 years after the latest day for a member of the group to furnish a return of income under section 37 for the relevant tax year if— i: the tax year is the 2008–09 tax year; and ii: no member has an amount of a research and development tax credit under section LH 2 in a return of income for that tax year. 2: Subsection (1) applies for the 2008–09 and later income years. 633: New section 68F inserted 1: After section 68E 68F: Requirements for statements in relation to research and development tax credits 1: A person making a statement in relation to a research and development tax credit under section 68D or 68E is excluded from the following requirements: a: the requirement under section 23(1) to retain a copy of their statement for 7 years: b: the requirement under section 36(3) to print off and sign a copy of the statement. 2: A person making a statement in relation to a research and development tax credit under section 68D or 68E is not taking a tax position in relation to which a liability to a tax shortfall under section 141 may arise. 2: Subsection (1) applies for the 2008–09 and later income years. 634: Section 78E repealed 1: Section 78E 2: Subsection (1) 635: Section 78F repealed 1: Section 78F 2: Subsection (1) 636: New section 80KLB inserted 1: After section 80KL 80KLB: Recovery of excess tax credits 1: This section applies when— a: the Commissioner pays a person a tax credit by instalment under section MF 1 of the Income Tax Act 2007 in a tax year; and b: in paying a tax credit by instalment in an earlier tax year, the Commissioner has overpaid the tax credit as described in section MF 6 2: The Commissioner may use the amount of an instalment payable to the person to satisfy an amount added under section MF 6(2) of that Act to the tax payable by the person for the earlier tax year. 2: Subsection (1) applies for the 2008–09 and later income years. 637: Effect of extra instalment on entitlement to tax credit 1: Section 80KW(1)(b) b: receives a payment under either section 80KI or 80KN of an instalment of the credit for each period of a fortnight or a week in the tax year, as applicable; and”. 2: In section 80KW(2)(b) under section 80KI 3: In section 80KW(5)(b) under section 80KN 4: In section 80KW(6) (tax credit – parental tax credit) × 53. 52 5: Section 80KW(7)(b) b: parental tax credit 6: Subsections (1) to (5) apply for the 2008–09 and later income years. 638: Officers to maintain secrecy 1: Section 81(4)(p) p: communicating, for the purpose of section 85F, information to a person who is an officer, employee, or agent of the New Zealand Film Commission responsible for the administration of a scheme under which government screen production payments are made and who is authorised to receive the information by the Chief Executive of the New Zealand Film Commission: . 2: In section 81(4)(s)(ii) section 85K. section 85K: t: communicating to any person who is an employee of the Treasury (as defined in section 2 of the Public Finance Act 1989), any information communicated to that person for the purposes of section LH 15 of the Income Tax Act 2007. 639: Disclosure of information for verification of large budget screen production grant entitlement 1: In the heading to section 85F large budget screen production grant government screen production payment 2: Section 85F(1) and (2) 1: The purpose of this section is to facilitate the exchange of information between the Commissioner and the Commission for the purpose of providing to the Commission information which the chief executive considers necessary to enable the Commission to determine the entitlement of a company to a government screen production payment. 2: For the purposes of subsection (1), on request from the chief executive, the Commissioner may, at any time, provide to any authorised officer of the Commission all of the following information that is held by the Department: a: particulars relating to the amount of expenditure incurred in relation to a project that is the subject of an application for a government screen production payment: b: particulars relating to the amount of expenditure incurred in New Zealand in relation to a project that is the subject of an application for a government screen production payment: c: the Commissioner's opinion as to the accuracy of any information provided by an applicant in relation to the application for a government screen production payment. 3: In section 85F(3) company refers: refers. large budget screen production grant 640: Disclosure of information in relation to Working for Families tax credits 1: In section 85G(1)(b) sections MD 1, or MD 1 and ME 1 of that Act section MD 1, or sections MD 1 and ME 1, of the Income Tax Act 2007 2: In section 85G(1)(c) of that Act 3: Subsection (2) applies for the 2008–09 and later income years. 641: Further secrecy requirements Section 87(5)(d) d: being a person who is an officer, employee, or agent of the New Zealand Film Commission responsible for the administration of a scheme under which government screen production payments are made and who is authorised to receive information provided under section 85F; or . 642: New section 89AB inserted 1: After section 89A 89AB: Response periods 1: This section applies for the purposes of Parts 4A and 8A to set the period for a notice in response to another notice (the initiating notice response period 2: When the initiating notice is a notice of proposed adjustment, the response period is a 2-month period starting on the date of issue of the notice. 3: When the initiating notice is a notice of assessment issued by a taxpayer, the response period for a notice of proposed adjustment under section 89DA is— a: a 4-month period starting on the date of issue of the initiating notice; or b: if the notice of proposed adjustment relates solely to the amount of a tax credit under section LH 2 of the Income Tax Act 2007, a period starting on the date the initiating notice is received in an office of the department and ending 2 years after the latest date to provide a return of income for the relevant tax year. 4: When the initiating notice is either a notice of disputable decision or a notice revoking or varying a disputable decision that is not an assessment, the response period for a notice is— a: a 2-month period starting on the date of issue of the initiating notice, unless paragraph (b) or (c) applies; or b: for a notice of proposed adjustment to which paragraph (c) does not apply, a 4-month period starting on the date of issue of the initiating notice; or c: for a notice of proposed adjustment relating solely to the amount of a tax credit under section LH 2 of that Act, a period starting on the date the notice of proposed adjustment is received in an office of the department and ending on the later of— i: 4 months after the date of the initiating notice: ii: 2 years after the latest date to provide a return of income for the relevant tax year. 5: When the initiating notice is a disclosure notice, a notice issued by the Commissioner rejecting an adjustment proposed by a disputant, or a disputant's statement of position, the response period is a 2-month period starting on the date of issue of the initiating notice. 6: For the purposes of subsections (3)(b) and (4)(c)(ii), if the taxpayer is a member of an internal software development group to which section 68E applies, the latest date for providing a return means the latest date for any member of the group. 2: Subsection (1) applies for the 2008–09 and later income years. 643: Taxpayers and others with standing may issue notices of proposed adjustment 1: After section 89D(2D) 2E: If the Commissioner makes an assessment of an amount of research and development credit, a taxpayer who has not provided a statement under section 68D or 68E in relation to an assessment period may dispute the assessment only by providing a statement for the period within the time allowed under section 68D or 68E, as applicable. 2: Subsection (1) applies for the 2008–09 and later income years. 644: Taxpayer may issue notice of proposed adjustment for taxpayer assessment 1: After section 89DA(2) 3: A taxpayer who makes an assessment of an amount of research and development credit but does not provide a statement under section 68D or 68E in relation to the tax year referred to in subsection (1), may dispute the assessment only by providing a statement for the tax year within the time allowed under section 68D or 68E, as applicable. 2: Subsection (1) applies for the 2008–09 and later income years. 645: Completing the disputes process 1: Section 89N(1)(c)(iii) iii: the Commissioner has reasonable grounds to believe that a person who is an associated person of the disputant may take steps in relation to the existence or location of the disputant's assets to avoid or delay the collection of tax from the disputant: . 2: Section 89N(1)(c)(v) v: a person who is an associated person of the disputant and is involved in another dispute with the Commissioner involving similar issues has begun judicial review proceedings in relation to the other dispute: . 646: Determination on economic rate 1: After section 91AAF(1) 1B: For the purposes of subsection (1), the rate set by the Commissioner may be a default rate for kinds of items of depreciable property. 2: Section 91AAF(4)(b) b: is reacquired after the date on which the new determination is issued, by the person who disposed of it before the date on which the new determination is issued. 3: After section 91AAF(5) 6: The Commissioner may revoke a determination setting an economic rate. The revocation takes effect on the day after the date of publication of the Gazette 4: Subsections (1) and (2) apply for the 2005–06 and later income years. 5: Subsection (3) applies for the 2008–09 and later income years. 647: Determination on special rates and provisional rates 1: Section 91AAG(1)(b) b: a provisional rate when no applicable rate, other than a default rate, is set in a determination under section 91AAF. 2: In section 91AAG(3) 3: The Commissioner may issue a determination setting a special rate or a provisional rate using, as applicable,— . 3: After section 91AAG(3)(c) cb: the formula in section EZ 23 of that Act; or . 4: Section 91AAG(4)(a) a: determining a figure using the applicable formula from subsection (3); and . 5: After section 91AAG(6) 7: The Commissioner may revoke a provisional determination if it no longer applies to an item or if the item is no longer in use or available for use. The revocation takes effect on the day after the date of publication of the Gazette 6: Subsections (1) to (4) apply for the 2005–06 and later income years. 7: Subsection (5) applies for the 2008–09 and later income years. 648: Commissioner may decline to issue special rate or provisional rate 1: Section 91AAH(3)(a) a: an economic rate, other than a default rate, already applies to the item; or ab: if a default rate applies to the item, the provisional rate would differ from the default rate by an amount that is less than 50% of the amount by which the next highest or lowest rate, as applicable, set out in schedule 12 of the Income Tax Act 2007 is more or less than the default rate; or . 2: Subsection (1) applies for the 2008–09 and later income years. 649: Notice of setting of economic rate 1: In section 91AAK of issuing a determination of issuing or revoking a determination 2: Subsection (1) applies for the 2008–09 and later income years. 650: Applications for determinations 1: In section 91AAM(4) of issuing a determination under section 91AAG(4) of issuing a determination under section 91AAG(4) or revoking a determination under section 91AAG(7) 2: Subsection (1) applies for the 2008–09 and later income years. 651: Determination on type of interest in FIF and use of fair dividend rate method 1: In section 91AAO(1) section EX 40 of the Income Tax Act 2004 section EX 46 of the Income Tax Act 2007 2: Section 91AAO(2)(b)(i) i: are loans, fixed-return foreign equity as defined in section YA 1 of the Income Tax Act 2007, or arrangements with a fixed economic return: . 3: After section 91AAO(3B) 3C: Subsection (3D) applies to a portfolio tax rate entity that makes payments of tax under section HL 22 of the Income Tax Act 2007. 3D: A determination does not apply for the portfolio tax rate entity for a quarter beginning before the date of the determination unless the PIE chooses that the determination apply for the quarter. 4: Section 91AAO(3C) and (3D) 3C: Subsection (3D) applies to a multi-rate PIE that calculates and pays its income tax liability under the quarterly calculation option as set out in section HM 43 of the Income Tax Act 2007. 3D: A determination does not apply for the multi-rate PIE for a quarter beginning before the date of the determination unless the PIE chooses that the determination apply for the quarter and all following quarters in the income year. 5: Subsection (2) 6: Subsection (4) applies for the 2010–11 and later income years. 652: New heading and section 91AAQ inserted After section 91AAP Determinations relating to non-attributing active CFCs 91AAQ: Determination on insurer as non-attributing active CFC 1: A person may apply in writing to the Commissioner for a determination that, for the purposes of section EX 21B of the Income Tax Act 2007,— a: a CFC is a non-attributing active CFC, if the CFC satisfies subsection (2); or b: the members of a group of CFCs are non-attributing active CFCs, if the members satisfy subsection (3). 2: A CFC satisfies this subsection if— a: the CFC is controlled by a company resident in New Zealand that— i: has a business of insurance registered and rated under the Insurance Companies (Ratings and Inspection) Act 1994: ii: is in the same group of companies as a company resident in New Zealand that has a business of insurance registered and rated under that Act; and b: the CFC has, in a country or territory outside New Zealand, a business of insurance that is registered under the laws of the country or territory relating to the business of insurance; and c: the CFC or a company in the group of companies to which the CFC belongs, before and after 30 June 2009,— i: was controlled by a New Zealand resident; and ii: had the business in the country or territory. 3: A group of CFCs satisfies this subsection if— a: the group is a group of companies that, before and after 30 June 2009,–– i: was controlled by a New Zealand resident; and ii: had, in a country or territory outside New Zealand, a business of insurance that is registered under the laws of the country or territory relating to the business of insurance; and b: each CFC is–– i: controlled by a company resident in New Zealand that has a business of insurance registered and rated under the Insurance Companies (Ratings and Inspection) Act 1994 or that is in the same group of companies as such a company; and ii: is incorporated in the same country or territory as the other CFCs; and iii: is subject to the laws of the country or territory; and iv: is liable in the country or territory to income tax on its income; and v: derives its income mainly from the country or territory; and vi: has a main business that is insurance or is related to insurance. 4: In deciding whether or not to grant an application, the Commissioner must consider whether the business of the CFC or group of CFCs— a: is carried on with the main purpose of producing a commercial return on the capital of the CFC or group; and b: produces all or nearly all of the income of the CFC or group from— i: premiums from insurance contracts, other than reinsurance contracts, covering risks arising in the country or territory in which the business of the CFC or group is located: ii: proceeds from investment assets having a total value commensurate with the value of those insurance contracts. 5: For the purposes of subsection (4), the Commissioner may take into account the following: a: the nature and extent of the activities undertaken by the CFC or group in the business of insurance: b: the nature and extent of the risks arising in the country or territory that are assumed by the CFC or group in the business: c: the nature and value of the assets used by the CFC or group in the business compared with the nature and extent of the risks assumed by the CFC or group in the business: d: the nature and amount of deductions that the company controlling the CFC or group has for expenditure or loss incurred in giving support in relation to the business compared with the nature and amount of the assessable income that the company has from the CFC or group in relation to the business. 6: A determination may be made for income years specified in the determination. 7: A determination may provide for the extension, limitation, variation, cancellation, or revocation of an earlier determination. 8: A determination must be published in the Gazette 653: New heading and section 91AAR inserted After section 91AAQ, the following is inserted: Determinations relating to relocation payments 91AAR: Determination relating to eligible relocation expenses 1: The Commissioner may determine that a type of expenditure is an eligible relocation expense for the purposes of section CW 17B of the Income Tax Act 2007, section CW 13B of the Income Tax Act 2004, and section CB 12(1B) of the Income Tax Act 1994. 2: The determination may set out the income year or income years for which it is to apply, but may not apply for income years before the 2002–03 income year. 3: In determining whether a type of expenditure is an eligible relocation expense, the Commissioner may take into account whether the expenditure necessarily arises from a work-related relocation of an employee, rather than arising as a cost, including a private or capital cost, that an employee has incurred, or will incur, gradually over time irrespective of whether the employee would have relocated. In this regard, the Commissioner may bear in mind— a: whether the expenditure amounts to a substitution for an employee's salary or wages: b: whether employers generally treat the type of expenditure as a relocation expense: c: the difficulty of and costs in measuring any element of private benefit. 4: The determination may provide for the extension, limitation, variation, cancellation, or revocation of an earlier determination. The Commissioner must give at least 30 days' notice of the implementation date of any change to the determination. 5: A person affected by a determination made under this section may dispute or challenge the determination under Parts 4A and 8A. 6: Within 30 days of issuing or changing a determination under this section, the Commissioner must publish a notice in the Gazette a: gives notice that the determination has been issued or changed, as applicable; and b: states where copies of the determination can be obtained. 654: Assessment of shortfall penalties 1: In section 94A(2) separately from the tax. separately from the tax. However, this subsection does not apply to a penalty under section 141ED. 2: Subsection (1) applies for a tax position taken on or after 1 April 2008. 655: Section 102 repealed 1: Section 102 2: Subsection (1) 656: Section 103 repealed 1: Section 103 2: Subsection (1) 657: Section 103A repealed 1: Section 103A 2: Subsection (1) 658: Section 104 repealed 1: Section 104 2: Subsection (1) 659: Time bar for amendment of income tax assessment 1: Section 108(1B)(b) b: 2 years have passed from the latest date to provide a return of income for the relevant tax year and, for a member of an internal software development group to which section 68E applies, the latest date means the latest date for any member of the group; and . 2: Section 108(1B)(c) c: the taxpayer— i: has not issued a notice of proposed adjustment to the Commissioner for an amount of a tax credit for research and development expenditure for the relevant tax year within the relevant response period; and ii: has not asked for an assessment to be amended under section 113, having provided a detailed research and development statement under section 68D or 68E, as applicable, within the time limit referred to in paragraph (b). 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 660: Extension of time bars 1: In section 108B(3)(d) section 108(1) section 108(1) and (1A) 2: Subsection (1) applies for the 2008–09 and later income years. 661: Amended assessments for research and development tax credits 1: In section 113D 2: If a taxpayer asks for an assessment to be amended under section 113, having provided a detailed research and development statement under section 68D or 68E, as applicable, within the time limit referred to in section 108(1B)(b), the Commissioner may not increase the amount of the credit by more than the amount set out in the taxpayer's request. 2: Subsection (1) applies for the 2008–09 and later income years. 662: Definitions In section 120C(1) tax paid tax paid a: an amount of tax that— i: is paid or credited by the time for a tax liability; and ii: has not been refunded or applied by the Commissioner to satisfy another tax liability: b: an amount credited by the time to a tax pooling account under sections RP 17 to RP 21 of the Income Tax Act 2007: c: an amount credited or transferred by the time to a taxpayer's account with the Commissioner from a tax pooling account under sections RP 17 to RP 21 of that Act . 663: Section 120EA repealed 1: Section 120EA 2: Subsection (1) applies–– a: on and after 1 July 2010, unless paragraph (b) applies: b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in this Act in a return of income for the tax year corresponding to the first relevant income year. 664: Provisional tax instalments in transitional years 1: In section 120KD Three interest start dates apply: 16 January, 29 April, and 29 June (s 120KD(2)). Three interest start dates apply: 16 January, 8 May, and 29 June (s 120KD(2)). 2: Subsection (1) applies for the 2008–09 and later income years. 665: Where provisional tax paid by company does not count as overpaid tax In section 120M(a) but for that section but for those sections 666: Variation to definition of date interest starts 1: Section 120O(e) 2: Subsection (1) 667: Interest paid on deposits in tax pooling accounts Section 120OE(1) 1: Interest paid by the Commissioner on an amount deposited in a tax pooling intermediary's tax pooling account accrues to the benefit of the intermediary from the date of the deposit to, as applicable,— a: the date the amount is refunded; or b: the date of a transfer under section RP 19 of the Income Tax Act 2007. 668: Section 120R repealed 1: Section 120R 2: Subsection (1) 669: Certain rights of objection not conferred Section 125(d) d: any decision or determination of the Commissioner approving or not approving a sickness, accident, or death benefit fund for the purposes of section CW 34 of the Income Tax Act 2007; or . 670: Certain rights of challenge not conferred In section 138E(1)(e)(iv), 34B, 671: Non-electronic filing penalty 1: In section 139AA(1)(a) RD 23(2) RD 22(2) 2: Subsection (1) applies for tax on income derived in the 2008–09 and later income years. 672: Late payment penalty 1: After section 139B(5A) 5B: A taxpayer is liable to pay a late payment penalty under subsection (2) in relation to a default date if— a: the Commissioner has given the taxpayer a notice of a further date for the payment of unpaid tax under subsection (1)(c)(i); and b: after giving the notice, the Commissioner becomes aware of a default by the taxpayer that arose before the date of the notice; and c: the further date for payment referred to in paragraph (a)— i: falls outside the period referred to in subsection (1)(b); and ii: should have been given in relation to the default referred to in paragraph (b). 5C: If the taxpayer enters into an instalment arrangement for the default under section 177B and a late payment penalty is imposed under section 139BA(1), the taxpayer is treated for the purposes of this section as paying on time, to the extent of the default, the amount of tax due for payment. 2: Section 139B(6)(c) c: The term unpaid tax 3: Subsection (1) applies for unpaid tax that becomes due for payment on or after 1 April 2008. 4: Subsection (2) applies for a tax position taken on or after 1 April 2008. 673: Imposition of late payment penalties when financial relief sought 1: Section 139BA(3)(b) b: the last day of the response period allowed by section 177(4) if the taxpayer does not provide the information sought or respond to a counter offer. 2: Subsection (1) applies for the 2008–09 and later income years. 674: Imputation penalty tax payable where end of year debit balance 1: In section 140B(1) section OB 65 section OB 65 or OC 30 2: Subsection (1) 675: Imputation penalty tax payable in some circumstances 1: In section 140BB Transitional imputation penalty tax payable in some circumstances 2: In section 140BB(1) as only having–– as having only the balances and adjustments referred to in subsections (1B) and (1C) 3: Section 140BB(1)(a) and (b) 4: After section 140BB(1) 1B: For the purposes of subsection (1), for the transitional period, the following adjustments must be made to the company's ICA balance at the end of the company's 2007–08 income year for transactions occurring after the end of that income year: a: first, the company must subtract any overpayment of income tax for the 2007–08 or earlier income year in which the company was an ICA company: b: secondly, the company must subtract— i: any payment for an income year after the 2007–08 income year: ii: any amount that is or would be refundable for an income year after the 2007–08 income year: c: thirdly, the company must add any income tax paid for the 2007–08 or earlier income year in which the company was an ICA company. 1C: For the purposes of subsection (1), the company must include in its ICA balance the following debits arising in the transitional period for transactions occurring after the end of the company's 2007–08 income year: a: any debit arising from a dividend paid under section OZ 8 of the Income Tax Act 2007 when the ratio is greater than 30/70: b: any debit that relates to the company's ICA balance at the end of the company's 2007–08 income year— i: including any adjustment under subsection (1B): ii: excluding any debit for an imputation credit attached to a dividend at an imputation ratio of 30/70 or less. 5: After section 140BB(3) 4: Despite subsection (2), the company is not liable for imputation penalty tax for the transitional period unless it pays a dividend with imputation credits attached when–– a: the imputation ratio is greater than 30/70; and b: the payment is made after the earlier of–– i: the date on which the company's 2007–08 return of income was filed; or ii: 25 March 2009. 676: Section 140C repealed 1: Section 140C 2: Subsection (1) 677: FDP penalty tax payable in some circumstances 1: In section 140CA Transitional FDP penalty tax payable in some circumstances 2: In section 140CA(1) as only having–– as having only the balances and adjustments referred to in subsections (1B) and (1C) 3: Section 140CA(1)(a) and (b) 4: After section 140CA(1) 1B: For the purposes of subsection (1), for the transitional period, the following adjustments must be made to the company's FDP account balance at the end of the company's 2007–08 income year for transactions occurring after the end of that income year: a: first, the company must subtract any overpayment of FDP for the 2007–08 or earlier income year in which the company was an FDPA company: b: secondly, the company must subtract— i: any payment for an income year after the 2007–08 income year: ii: any amount that is or would be refundable for an income year after the 2007–08 income year: c: thirdly, the company must add any payment of FDP for the 2007–08 or earlier income year in which the company was an FDPA company. 1C: For the purposes of subsection (1), the company must include in its FDP account balance the following debits arising in the transitional period for transactions occurring after the end of the company's 2007–08 income year: a: any debit arising from a dividend paid under section OZ 8 of the Income Tax Act 2007 when the ratio is greater than 30/70: b: any debit that relates to the company's FDP account balance at the end of the company's 2007–08 income year— i: including any adjustment under subsection (1B): ii: excluding any debit for an FDP credit attached to a dividend at an FDP ratio of 30/70 or less. 5: After section 140CA(3) 4: Despite subsection (2), the company is not liable for FDP penalty tax for the transitional period unless it pays a dividend with FDP credits attached when–– a: the FDP ratio is greater than 30/70; and b: the payment is made after the earlier of–– i: the date on which the company's 2007–08 return of income was filed; or ii: 25 March 2009. 678: Section 140CA repealed 1: Section 140CA 2: Subsection (1) 679: Tax shortfalls 1: Section 141(7)(c) c: the 2 taxpayers are associated persons,— . 2: In section 141(7D) of this Act 680: Unacceptable tax position 1: In section 141B(8) subsection (2)(b) subsection (2) 2: Subsection (1) applies for a tax position taken on or after 1 April 2008. 681: Abusive tax position Section 141D(3B)(b) b: the sum of the tax shortfall from the arrangement for the taxpayer and the tax shortfalls from the arrangement for persons with whom the taxpayer is associated is less than $50,000; and . 682: Evasion or similar act Section 141E(1)(c) c: knowingly does not make a deduction, withholding of tax, or transfer of payroll donation required to be made by a tax law; or . 683: Not paying employer monthly schedule amount 1: After section 141ED(3)(a) ab: during the period, the taxpayer is negotiating an instalment arrangement with the Commissioner to pay the unpaid amount: . 2: After section 141ED(5) 5B: For the purposes of subsection (5), if the returned amount is varied or corrected by the taxpayer or the Commissioner in the period that starts on the date when the employer monthly schedule is provided to the Commissioner and ends on the day before the penalty date, the amount of the penalty that relates to the unpaid amount is based on the varied or corrected amount. 5C: An amount paid by the taxpayer or applied by the Commissioner on account of the taxpayer in relation to the taxpayer's liability to pay unpaid tax and a penalty under this section must first be applied towards payment of the penalty. 3: Subsections (1) and (2) apply for a tax position taken on or after 1 April 2008. 684: Limitation on reduction of shortfall penalty 1: Section 141J(3) 2: Subsection (1) applies for voluntary disclosures made on or after 17 May 2007. 685: New date for payment of tax that is not a penalty After section 142A(3)(a) ab: if the assessment referred to in subsection (1)(a) is a default assessment; or . 686: Due dates for payment of imputation penalty tax, FDP penalty tax, and underestimation penalty tax 1: The heading to section 142E Due dates for payment of imputation penalty tax 2: Section 142E(2) 3: Subsections (1) and (2) 687: Knowledge offences 1: Section 143A(3) and (6) 2: Subsection (1) 688: Evasion or similar offence 1: Section 143B(3) 2: Subsection (1) 689: Recovery of civil penalties Section 156A(1)(a) and (b) a: for which the penalty is imposed; or b: if the penalty is a late filing penalty, for which the tax return is to be provided; or c: if the penalty is a non-electronic filing penalty, for which the return is provided. 690: Taxes that may be recovered 1: In section 173D 2: For the purposes of this Part, assistance in the recovery of taxes includes assistance in the recovery of charges associated with the taxes, whether interest, administrative penalties, costs of collection or conservancy, or another related amount. 2: Subsection (1) applies in relation to events and periods occurring before or after 1 April 2008. 691: Transfer of excess tax within taxpayer's accounts 1: After section 173L(2)(b) bb: in the case of a tax credit for expenditure on research and development, a day after the end of the accounting year to which the credit relates: . 2: Section 173L(3) 3: Despite subsection (2)(b) and (bb), a taxpayer who has an early balance date must, for tax withheld or deducted on their behalf or a tax credit for expenditure on research and development, choose a day after the end of the tax year in which the amount was withheld or deducted or the tax year corresponding to the accounting year to which the credit relates. 3: Subsections (1) and (2) apply for the 2008–09 and later income years. 692: Transfer of excess tax to another taxpayer 1: Section 173M(2)(g) fb: a tax pooling intermediary's tax pooling account; or g: another taxpayer not listed in paragraphs (a) to (fb). 2: After section 173M(4)(a) ab: if subsection (2)(fb) applies, a date that occurs on or after the date of the request: . 693: Instalment arrangements 1: After section 177B(6) 7: Despite sections LA 6(2) and LH 2(6) of the Income Tax Act 2007, a taxpayer with an instalment arrangement who is meeting their obligations under it may choose to have an amount of refundable tax credit remaining for a tax year paid to them rather than used under the ordering rules set out in those sections. 2: Subsection (1) applies for the 2008–09 and later income years. 694: Relief to taxpayers to whom new start grants payable In section 177D(3) qualifying event, as defined by section OB 1 of the Income Tax Act 1994 emergency event, as declared by the Governor-General by Order in Council under section 183ABA 695: Section 181 repealed 1: Section 181 2: Subsection (1) 696: Section 183 repealed Section 183 697: Remission for reasonable cause 1: Section 183A(1)(e) 2: Subsection (1) 698: Section 183ABA replaced Section 183ABA 183ABA: Remission in circumstances of emergency event 1: This section applies for a taxpayer if— a: an emergency event physically prevents the taxpayer from making a payment required by a tax law on or before the due date for the payment; and b: the taxpayer is charged with interest under Part 7 for failing to make the payment by the due date; and c: the taxpayer is a member of a class of persons to whom a remission under this section is available, if such a class of persons is described in the Order in Council declaring the emergency event. 2: The taxpayer may ask the Commissioner to remit the interest. 3: The Commissioner may remit the interest if the Commissioner is satisfied that— a: it is equitable that the interest be remitted; and b: the taxpayer asked for the relief as soon as practicable; and c: the taxpayer made the payment as soon as practicable. 4: The Governor-General may from time to time by Order in Council— a: declare an event that meets the requirements of paragraphs (a) and (b) of the definition of emergency b: describe a class or classes of persons to whom a remission under this section is available in relation to the emergency event. 5: An Order in Council (the Order subsection (4) a: may relate to an event that occurred after the commencement of this Act and before the commencement of the Order: b: expires, if not renewed under paragraph (c) i: the period given in the Order, if such a period is given; or ii: if no such period is given, 6 months from the promulgation of the Order: c: may be renewed or replaced from time to time by an Order in Council made before or after the date on which the Order would otherwise expire. 699: Small amounts of penalties and interest not to be charged Section 183F(1) 1: Despite any other provision in this Act,— a: a taxpayer is not liable to pay a late payment penalty if an amount of income tax or ancillary tax that remains outstanding after the due date is $100 or less: b: a taxpayer is not liable to pay interest under Part 7 if an amount of income tax or ancillary tax that remains outstanding after the due date is $100 or less: c: a taxpayer is not liable to pay a penalty for not paying an employer monthly schedule amount if the unpaid amount on the day before the date of the Commissioner's notice under section 141ED(1)(b) is $100 or less: d: the Commissioner is not liable to pay interest under Part 7 on overpaid tax of $100 or less. 700: Remission on application 1: Section 183H(a)(ii) 2: Subsection (1) 701: Payments into, and out of, Listed PAYE Intermediary Bank Account Section 185D(1) 1: All payments received by the Commissioner from a listed PAYE intermediary and made under sections RP 2 to RP 5 of the Income Tax Act 2007 must be paid into the Listed PAYE Intermediary Bank Account. 702: Power to make interim payments of WFF tax credit 1: In section 225A(2)(b)(iii) under that Act 2: In section 225A(2)(b)(iv) under that Act 3: Amendments to Goods and Services Tax Act 1985 703: Goods and Services Tax Act 1985 This Part amends the Goods and Services Tax Act 1985 2009-10-06 Goods and Services Tax Act 1985 ss 704–709, 710(1) and (2), 711, 712 2010-04-01 Goods and Services Tax Act 1985 ss 710(3), 713 704: Interpretation 1: This section amends section 2(1) 2: The definition of emissions unit emissions unit . 3: After the definition of local authority loyalty programme . 4: The definition of New Zealand unit 5: In the definition of public authority and includes offices of Parliament; and includes offices of Parliament, the Parliamentary Service, and the Office of the Clerk of the House of Representatives; 705: Meaning of term supply Section 5(14) 14: If a supply is charged with a tax under section 8, but section 11, 11A, 11AB, 11B, or 11C requires part of the supply to be charged at the rate of 0%, that part of the supply is treated as being a separate supply. 706: Supply of certain imported services In section 5B sections 8(1), 15, 15A sections 8(1), 15A to 15E 707: Time of supply After section 9(8) 9: Despite subsection (1), an operator of a loyalty programme who meets the requirements of section 11C may treat a supply of services in a loyalty transaction as taking place at the time at which the loyalty points are redeemed for reward. But this subsection does not apply to a token, stamp, or voucher to which section 5(11D) to (11H) applies. 10: For the purposes of subsection (9), in a case where the operator is not resident in New Zealand but the supply of services is treated under section 8(4B) as made in New Zealand, the purchaser referred to in section 11C may treat the supply as taking place at the time at which the loyalty points are redeemed for reward if— a: the operator meets the first and second requirements set out in section 11C; and b: the purchaser meets the third requirement imposed on the operator under section 11C. 708: Value of supply of goods and services In section 10(4) section 11(3) section 11(3) or (3C) 709: Zero-rating of goods After section 11(3) 3B: Subsection (3)(a) does not apply to a supply of goods if the recipient gives the registered person at or before the time of the supply an undertaking in writing that neither the recipient nor an associated person will cause the goods to be reimported into New Zealand in a condition that is substantially the same as the condition the goods were in when the supply was charged with tax under subsection (1)(a) to (1)(l). 3C: Despite subsection (3B), a registered person is treated as having supplied goods in the course or furtherance of a taxable activity and must be charged with tax at the rate specified in section 8 if— a: the supply of the goods by the registered person was charged with tax under subsection (1)(a) to (l); and b: the goods are imported into New Zealand; and c: the goods are reacquired by the registered person in substantially the same condition as the condition the goods were in when the supply was charged with tax under subsection (1)(a) to (l); and d: the registered person deducted under section 20(3) input tax as defined in section 3A(1)(c) in relation to the original supply of the goods under subsection (1)(a) to (l). 3D: Subsection (3C)— a: applies at the time the goods are reacquired by the registered person: b: does not apply if tax is paid under section 12 on the importation of the goods into New Zealand. 710: Zero-rating of services 1: Section 11A(1)(s) s: the services are an emissions unit and the supply is the transfer of the emissions unit under— i: section 64 of the Climate Change Response Act 2002: ii: Part 4, subpart 2 of that Act: iii: a covenant entered under the Forests (Permanent Forest Sink) Regulations 2007; or . 2: Section 11A(1)(v) v: the services are an emissions unit and the supply is a sale or other disposal of the emissions unit, other than a transfer of the emissions unit from the Crown without payment of a price. 3: In section 11A(1)(v) price. price; or w: the supply is a sale or other disposal of services that are a unit— i: issued by reference to the sequestration, or avoidance of emission, of human-induced greenhouse gases; and ii: other than an emissions unit; and iii: verified to an internationally recognised standard. 711: New section 11C inserted After section 11B 11C: Treatment of supplies by operators of loyalty programmes 1: This section applies when an operator of a loyalty programme makes a supply of services by entering into an arrangement (a loyalty transaction purchaser 2: The operator may defer the time of the supply of the services under section 9(9) to the time at which loyalty points are redeemed for reward if they meet the requirements of subsections (3) to (5). 3: The first requirement is that 25% or more of the operator's taxable supplies must be zero-rated supplies of goods or services. The 25% threshold— a: may be met by including the taxable activity of an associated person: b: must be met for the 12-month period that ends with the month in which the supply of services under the loyalty transaction is made, and the operator must have reasonable grounds for believing the threshold will be met for the 12-month period that begins with the month in which that supply of services is made. 4: The second requirement is that — a: the operator or an associated person must make supplies of goods or services in a business activity (the main business activity b: the loyalty points supplied by the operator must only be able to be redeemed for reward as part of the main business activity. 5: The third requirement is that when the loyalty points are redeemed, the operator must be able to identify whether— a: tax under section 8 has been imposed on the supply of the loyalty points: b: the time of supply has been deferred under section 9(9). 6: If the operator has a partner in an associated loyalty programme, the second requirement is still treated as met if, in addition to those requirements, loyalty points supplied by the operator are able to be redeemed for reward by the partner. 712: Fringe benefits and entertainment expenses In section 21I(5) section CW 17 or CW 18 section CW 17, CW 17B, CW 17C, or CW 18 713: Group of companies In section 55(1)(a)(iii) portfolio tax rate entity multi-rate PIE 4: Amendments to KiwiSaver Act 2006 714: KiwiSaver Act 2006 This Part amends the KiwiSaver Act 2006 2009-10-06 KiwiSaver Act 2006 ss 715–733 715: Interpretation 1: This section amends section 4(1) 2: In the definition of Crown contribution a: section KJ 1 of the Income Tax Act 2004 section MK 1 of the Income Tax Act 2007 b: section KJ 5(2) section MK 5 3: In the definition of PAYE period in paragraph (a) of the definition of payment period payment period 4: The definition of PAYE period PAYE period . 716: Section 13 repealed Section 13 717: Other situations when automatic enrolment rules do not apply In section 14(1)(d) section OE 1(5) of the Income Tax Act 2004 section YD 1(7) of the Income Tax Act 2007 718: Eligibility to be exempt employer Section 25(1)(b) b: the scheme must be a registered superannuation scheme that is registered on or before the day after the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 receives the Royal assent; and bb: the relevant participation agreement must be entered into by the employer before the day after the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 receives the Royal assent; and . 719: Involuntary transfers In section 57(1)(d) paragraph (h) of the definition of complying fund rules clauses 4(a) and 5(a) in schedule 28 of the Income Tax Act 2007 720: What happens when initial back-dated validation ends, with no confirmed back-dated validation? In section 59D(4) paragraph subsection (3) 721: Contribution rate Section 64(2) is replaced by the following: 2: Despite subsection (1), the employee may choose a contribution rate of 2%, 4%, or 8% of their gross salary or wages by giving notice to their employer of the rate they choose. 722: Interest rate In section 86(1) lowest tax rate column 2 column 3 723: How and when interest is paid on refunds Sections 89(3) and (4) 724: Refunds of employer contribution by Commissioner if employee opts out In section 100 may must 725: General After section 101A(2) 2B: Despite subsection (1), an employer does not have to pay a compulsory employer contribution as provided in sections 101FB and 101FC. 726: Compulsory employer contribution amount: general rule 1: In section 101D(5)(b)(iii)(B) ; and ; or C: one that has had contributions paid or credited to the contributions scheme or a prior scheme for the contributions scheme by a previous employer, and those contributions met the requirements described in paragraph (b)(i) to (iii); and . 2: In section 101D(8)(b) percentage of the employee's total contributions percentage (inclusive of amounts payable under the ESCT rules) of the employee's total contributions 727: New sections 101FB and 101FC inserted After section 101F 101FB: Grace periods: employers 1: An employer does not have to pay a compulsory employer contribution for a payment of gross salary or wages to an employee in a grace period described in subsection (2), if, for the whole of the relevant grace period,— a: 1 or more of the following apply: i: the automatic enrolment rules apply to the employee: ii: the employer does not receive a notice under section 34(1) or 39 that the employee has opted in; and b: the employer does not deduct any amount of contributions required to be deducted from an employee's salary or wages; and c: the employer does not receive a notice under section 61 that requires the deduction of contributions for the employee. 2: The grace periods for the purposes of subsection (1) are— a: the period starting on the day that the employee starts new employment and finishing on the earlier of the day— i: that is 1 year after the day that the employee starts new employment: ii: that the employee ceases employment: b: the period starting on the day that is 1 year after the day that the employee starts new employment and finishing on the earliest of— i: the day that is before the day on which the employer receives a notice under section 34(1) or 39 that the employee has opted in: ii: the day that is before the day on which the employer receives a notice under section 61 that requires the deduction of contributions for the employee: iii: the day that the employee ceases employment. 101FC: De minimis: other contributions and hybrid schemes amount For a payment of gross salary or wages to an employee, an employer does not have to pay a compulsory employer contribution for the employee, if, in respect of the payment of gross salary or wages, one of the following amounts is equal to or more than the relevant CEC rate a: the amount of other contributions b: the hybrid schemes amount 728: Rules: providers 1: In section 101G(3) a: or complying superannuation fund b: or a rule the same as that clause 2: After section 101G(3) 4: If a member of a complying superannuation fund will be entitled within 2 months to withdraw an amount from the fund under a rule the same as clause 4(3) of the KiwiSaver scheme rules, the provider must send a notice to the member's employer stating the date on which the member will be entitled to withdraw. 729: Terms relating to members' tax credits implied into trust deed In section 128A(1) section KJ 1 of the Income Tax Act 2004 section MK 1 of the Income Tax Act 2007 730: Terms relating to lump sum payments by complying superannuation funds In section 128C(1) paragraph (cc) of the definition of complying fund rules clause 2(c) in schedule 28 of the Income Tax Act 2007 731: Crown contribution 1: In section 226(1) a contribution 1 contribution 2: Section 226(4) 4: If A ceases being a member of the first KiwiSaver scheme of which they are a member because the Commissioner accepts an opt-out notice outside the time limit in section 16 or because A's enrolment is invalid, and the amount of the contribution under this section was never paid, then the next KiwiSaver scheme of which A is a member is treated as their first one, for the purposes of this section and entitlement to the contribution. 732: Regulations relating to mortgage diversion facility 1: In section 229(2)(i) is a fixed dollar amount, and 2: After section 229(2)(i) ia: an amount may not be diverted if it was received by the relevant provider before the provider has received from the person a request to divert amounts under the mortgage diversion facility: . 733: Schedule 1––KiwiSaver scheme rules 1: Schedule 1, clause 8(1) 1: This clause applies to a member if the member has not made a withdrawal under this clause before (whether or not from the member's current KiwiSaver scheme or from a KiwiSaver scheme to which the person previously belonged) and,–– a: at least 3 years have expired after the Commissioner received the first contribution in respect of the person (whether or not a contribution in relation to the scheme of which the member is currently a member); or b: the person has been a member of 1 or more KiwiSaver schemes for a period of 3 years or more. 2: Schedule 1, clause 9 9: Withdrawal on death If a member dies, the trustees must,–– a: on application by the member's personal representative, pay to that person an amount that is equal to the value of the member's accumulation at the date on which the application is accepted as part of the member's estate; or b: if the requirements of section 65 of the Administration Act 1969 are met, pay to the relevant person any sum authorised by that section, subject to that Act. 3: In schedule 1, clause 14(1) section KJ 1 of the Income Tax Act 2004 section MK 1 of the Income Tax Act 2007 4: In schedule 1, clause 17 a: before the member, the personal representative, or the relevant person under section 65 of the Administration Act 1969 (as the case may be) gives the fund provider . 5: In schedule 1, clause 17 a: in the words before the paragraphs, section KJ 1 of the Income Tax Act 2004 section MK 1 of the Income Tax Act 2007 b: in paragraph (a), Income Tax Act 2004 Income Tax Act 2007 c: in paragraph (b), the number of included days they have got the time for which the member meets the requirements of section MK 2 of the Income Tax Act 2007 wrong 5: Amendments to Income Tax Act 2004 734: Income Tax Act 2004 This Part amends the Income Tax Act 2004 2009-10-06 Income Tax Act 2004 735: New section CC 8B inserted 1: After section CC 8 CC 8B: Certain commercial bills: non-resident holders When this section applies 1: This section applies in relation to a commercial bill held by a non-resident when— a: neither the financial arrangements rules nor the old financial arrangements rules apply to the calculation and allocation of income and expenditure in relation to the commercial bill because of the application of section EW 9(2) to (4) or EZ 45(e) (which relate to the application of the rules); and b: the non-resident holder— i: disposes of the commercial bill other than by redemption; or ii: redeems a commercial bill whose issuer is an associated person of the non-resident. Income: disposal 2: The value of the commercial bill on the day the non-resident holder disposes of it is income of the person. Income: redemption 3: The amount that the non-resident holder receives on redemption is income of the person. Defined in this Act: amount, associated person, commercial bill, financial arrangements rules, income, non-resident, old financial arrangements rules . 2: Subsection (1) applies for the 2005–06 and later income years. 736: What is a transfer of value? 1: After section CD 4(2) When shares are cancelled 2B: The market value of any transfer from the shareholder to the company on the cancellation of a share of the shareholder's rights as a shareholder is zero. 2: In section CD 4 market value share shareholder 3: Subsection (1) applies for the 2005–06 and later income years. 737: Returns of capital: off-market share cancellations In section CD 14(9) non-participating redeemable share ; or or section FC 2B(2) (Stapled debt securities); or 738: Treasury stock acquisitions 1: Section CD 17(4) 4: If subsection (2) applies, then, with effect from the cancellation or the first anniversary, depending on which first causes subsection (2) to apply, the available subscribed capital of the class of the share is reduced by the lesser of— a: the amount paid to the shareholder on the acquisition; and b: the available subscribed capital per share calculated under the ordering rule, and calculated in the case of the first anniversary as if the share and any other shares to which this subsection applies on that date were cancelled on that date. 2: Subsection (1) applies for the 2005–06 and later income years. 739: Foreign investment fund income 1: In section CD 26 Amount not dividend 2: In section CD 26(b)(iv) method; and method. 3: After section CD 26(b) Exclusion for interests in grey list companies 2: Subsection (1)(b)(iv) does not apply if— a: the FIF is a grey list company; and b: the person holds a direct income interest of 10% or more in the FIF at the beginning of the income year in which the period falls. Application of rule for certain managed funds 3: Subsection (2) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 4: In section CD 26 direct income interest foreign investment vehicle life insurance portfolio investment entity 740: Available subscribed capital amount In section CD 32 consideration 741: Amounts derived in connection with employment 1: In section CE 1 Income 2: Section CE 1(c) c: the market value of accommodation that the person receives in connection with their employment or service other than an amount paid under section CW 13B (Relocation payments): . 3: After section CE 1(g) Meaning of accommodation 2: For the purposes of this section and section CX 24 (Accommodation), accommodation 4: In section CE 1 accommodation 742: Meaning of expenditure on account of an employee After section CE 5(3)(b) bb: an amount paid under section CW 13B (Relocation payments) or section CW 13C (Payments for overtime meals): . 743: Benefits, pensions, compensation, and government grants Section CF 1(2)(f) f: a payment under the Injury Prevention, Rehabilitation, and Compensation Act 2001 paid by the Corporation as defined in that Act, of weekly compensation that is not recovered or recoverable under section 248 of that Act: g: a payment under section 81(1)(b) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 paid by the Corporation as defined in that Act, for attendant care as defined in schedule 1, clause 12 of that Act. 744: New section CR 3 added 1: After section CR 2 CR 3: Income for general insurance outstanding claims reserve When this section applies 1: This section applies for— a: an insurer who uses IFRS 4, Appendix D for general insurance contracts; and b: general insurance contracts, excluding contracts having premiums to which section FC 14 applies. Formula for insurer's OCR income 2: For an income year (the current year opening outstanding claims reserve Definition of items in formula 3: In the formula,— a: opening outstanding claims reserve i: the amount of the insurer’s closing outstanding claims reserve for the income year before the current year (the prior year ii: the amount of the insurer's reserve for outstanding claims liability, calculated at the end of the prior year, using the basis the insurer used for tax purposes in that prior year, if the current year is the first year that this section applies to the insurer: b: closing outstanding claims reserve Defined in this Act: amount, general insurance contract, IFRS 4, income, income year, insurer, life insurer, outstanding claims reserve . 2: Subsection (1) applies for the first income year for which an insurer adopts IFRSs for the purposes of financial reporting and later income years, if the person chooses to use IFRS 4 in a return of income for that first year. 745: Section CW 3B repealed Section CW 3B 746: Expenditure on account, and reimbursement, of employees 1: After section CW 13(3) Relationship with sections CW 13B and CW 13C 4: This section does not apply to an amount referred to in section CW 13B (Relocation payments) or section CW 13C (Payments for overtime meals). 2: After section CW 13(4) Depreciation loss included 5: In this section, expenditure includes an amount of depreciation loss. 3: In section CW 13 depreciation loss 4: Subsection (2) does not apply in relation to a tax position taken by a person— a: in the period from 1 April 2005 to 31 March 2008; and b: in relation to a deduction for an amount of depreciation loss; and c: relying on section CW 13 in the absence of the amendment made by subsection (2). 747: New sections CW 13B and CW 13C inserted After section CW 13 CW 13B: Relocation payments Exempt income 1: An amount that an employer pays to or on behalf of an employee in connection with the expenses of the employee in a work-related relocation is exempt income of the employee. Actual expenditure 2: The amount paid must be no more than the actual cost incurred by or on behalf of the employee on an expense that the Commissioner lists as an eligible relocation expense in a determination made under subsection (6). Time limit 3: Subsection (1) applies only to expenditure incurred to the end of the tax year following that in which the relocation occurs. For the purposes of this subsection, a temporary move that has not been treated as a work-related relocation under this section is ignored. Meaning of work-related relocation 4: For the purposes of this section, work-related relocation a: because the employee's workplace is not within reasonable daily travelling distance of their residence; and b: as a result of the employee— i: taking up new employment with a new employer; or ii: taking up new duties at a new location with their existing employer; or iii: continuing in their current position but at a new location. Exemption from distance test 5: The requirement in subsection (4)(a) for a workplace to be beyond reasonable travelling distance of the person's residence does not apply to a person whose accommodation forms an integral part of their work. Determinations 6: The Commissioner may issue a determination for the purposes of this section under section 91AAR of the Tax Administration Act 1994 to provide a list of eligible relocation expenses, and may extend or modify the list from time to time as required. The Commissioner must give at least 30 days notice of the implementation date of any alteration. Defined in this Act: amount, Commissioner, employee, employer, exempt income, tax year, work-related relocation CW 13C: Payments for overtime meals and certain other allowances Exempt income: overtime meals 1: An amount that an employer pays to or on behalf of an employee for a meal for the employee when the employee is working overtime is exempt income of the employee. Exempt income: certain sustenance allowances 2: An amount that an employer pays to an employee as a sustenance allowance for the employee for a day is exempt income of the employee if— a: the employee works a minimum of 7 hours on the day; and b: their employment requires them— i: to work outdoors and away from their employment base for most of the day; and ii: to undertake a long period of physical activity in travelling through a neighbourhood or district on foot or by bicycle; and c: it is not practicable for the employer to provide sufficient sustenance on the day for the period when the employee is working outdoors; and d: the allowance recognises— i: the arduous physical nature of the employee's work as described in paragraph (b); and ii: that the employer would normally provide tea, coffee, water, or similar refreshments at the employment base in the course of their business. Eligibility requirements: overtime meals 3: Subsection (1) applies only if— a: the employee has worked at least 2 hours' overtime on the day of the meal; and b: either— i: the employee's employment agreement provides for pay for overtime hours worked; or ii: the employer has an established policy or practice of paying for overtime meals. Eligibility requirements: sustenance allowances 4: Subsection (2) applies only if the employer has an established policy or practice of paying a sustenance allowance. Actual cost or reasonable estimate 5: The amount paid must be— a: the actual cost to the employee, and for an overtime meal referred to in subsection (1), with documentation required for amounts over $20 per meal; or b: a reasonable estimate of the expenditure likely to be incurred by the employee or a group of employees for whom an amount is payable. Meaning of overtime 6: For the purposes of this section, overtime Defined in this Act: amount, employee, employer, exempt income, overtime, pay . 748: Local and regional promotion bodies In section CW 33 associated person 749: Benefits provided instead of allowances In section CX 17(1)(b transport costs). transport costs); or c: an amount that, if it had been paid, would have been exempt income under section CW 13B (Relocation payments). 750: Section CX 24 replaced 1: Section CX 24 CX 24: Accommodation The value of accommodation that an employer provides to an employee in connection with the employment or services is not a fringe benefit. Defined in this Act: accommodation, employee, employer, employment, fringe benefit . 2: Subsection (1) applies for the 2005–06 and later income years. 751: Government grants to businesses 1: In section CX 41(1)(d)(i) for which they are allowed a deduction for which they would be allowed a deduction in the absence of section DF 1 (Government grants to businesses) 2: In section CX 41(3)(b)(ii) (Government grants to businesses) 3: Subsections (1) and (2) apply for the 2005–06 and later income years. 752: New heading inserted After section CX 44E, the following is inserted: Emissions units under Climate Change Response Act 2002 . 753: New section CX 44G inserted After section CX 44F CX 44G: Disposal of pre-1990 forest land units Who this section applies to 1: This section applies to a person who disposes of a pre-1990 forest land unit other than by surrender. Excluded income: disposal 2: An amount of income that the person derives from the disposal is excluded income if, at the time of the disposal, the person would not derive income, other than exempt income or excluded income, from a disposal without timber of the pre-1990 forest land to which the unit relates. Defined in this Act: amount, excluded income, income, pre-1990 forest land, pre-1990 forest land unit, surrender . 754: Determining tax liabilities 1: Section DB 3(4) 4: This section supplements the general permission and overrides the capital limitation, the private limitation, and the employment limitation. The other general limitations still apply. 2: In section DB 3 capital limitation 3: Subsection (1) applies for the 2005–06 and later income years. 755: New section DB 8B inserted After section DB 8 DB 8B: Interest or expenditure connected to stapled debt security No deduction 1: A company that issues a stapled debt security is denied, while section FC 2B(2) (Stapled debt securities) applies to the security, a deduction for— a: interest payable under the security: b: expenditure or loss incurred in connection with the security: c: expenditure or loss incurred in borrowing the money secured by or owing under the security. Relationship with sections DB 5 to DB 8 2: This section overrides sections DB 5 to DB 8. Link with subpart DA 3: This section overrides the general permission. Defined in this Act: deduction, general permission, interest, pay, stapled debt security . 756: Cost of revenue account property Section DB 17(3)(a) 757: Gifts of money by company Section 757 repealed 8 December 2009 section 167 Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 758: New section DB 46B inserted After section DB 46 DB 46B: Liabilities for emissions When this section applies 1: This section applies when a person incurs a liability under the Climate Change Response Act 2002 for emissions relating to post-1989 forest land or pre-1990 forest land. No deduction 2: The person is denied a deduction for the liability. Link with subpart DA 3: Subsection (2) overrides the general permission. Defined in this Act: amount, deduction, general permission, post-1989 forest land, pre-1990 forest land . 759: Criteria for approval of share purchase schemes: before period of restriction ends 1: Section DC 12(5)(d) is replaced by the following: d: the trustee to be prohibited from applying a dividend to the repayment of any sum owing to the company or to the trustee; and . 2: Subsection (1) applies for the 2005–06 and later income years. 760: Employment-related activities 1: The heading to section DD 4(3) Relocation expenses, employees' meals, and sustenance allowances 2: Section DD 4(3)(a) a: an amount that is exempt income of an employee under sections CW 13B and CW 13C (which relate to relocation expenses, expenditure on overtime meals, and sustenance allowances): . 3: In section DD 4 amount 761: Interpretation: reimbursement and apportionment In section DD 10(a) section CW 13 (Expenditure on account, and reimbursement, of employees) sections CW 13, CW 13B, and CW 13C (which relate to expenditure and reimbursement of employees) 762: Forestry business on land bought from the Crown, Maori owners, or holding company: no deduction 1: In the heading to section DP 7(3) and FZ 2 , FC 2B, and FZ 2 2: In section DP 7(3) do and section FC 2B (Stapled debt securities) do 763: New section DT 1A inserted 1: Before section DT 1 DT 1A: Ring-fenced allocations When this section applies 1: This section applies to an amount of a person's deductions, expenditure and loss for an income year to the extent to which it is— a: petroleum exploration expenditure: b: petroleum development expenditure: c: residual expenditure. Basis for allocation of deductions 2: If, but for this subsection, an amount that relates to petroleum mining operations undertaken outside New Zealand would be allocated to an income year (the current year Excess allocations: carrying forward and re-instating next year 3: Any excess not able to be allocated to the current year because of the basis for allocation described in subsection (2) is carried forward and treated as— a: relating to petroleum mining operations undertaken outside New Zealand for the next income year; and b: allocated to that next income year. Restriction on reinstating excess allocations 4: Despite subsection (3), the excess is not allocated to the next income year, and no deduction is allowed or allocated to any income year in respect of the excess, if section IF 1 (Net losses may be offset against future net income) would not have allowed the excess to be carried forward to that next income year, treating the excess as a net loss for the current year. Defined in this Act: deduction, income year, net loss, New Zealand, petroleum development expenditure, petroleum exploration expenditure, petroleum mining operation, residual expenditure . 2: Subsection (1) applies for expenditure incurred on or after 4 March 2008. 764: Arrangement for petroleum exploration expenditure and sale of property 1: Section DT 2(1)(c)(ii) and (iii) ii: a petroleum permit; or iii: material or a permit that relates to petroleum mining operations undertaken outside New Zealand, and that material or permit are substantially the same as those described in subparagraphs (i) or (ii), with necessary modifications made to this subpart and the Crown Minerals Act 1991. 2: After section DT 2(5) Meaning of associated person 5B: In this section, associated person has the meaning given in section OD 7 or OD 8(3) (which relate to the meaning of associated person). 3: Subsection (1) applies for expenditure incurred on or after 1 December 2007. 765: Petroleum development expenditure 1: Section DT 5(1) and (2) Deduction 1: A petroleum miner is allowed a deduction for petroleum development expenditure incurred by them. Timing of deduction 2: For an income year, an amount of the deduction is allocated to that year, as provided by— a: section EJ 11 (Petroleum development expenditure: default allocation rule); or b: section EJ 11B (Petroleum development expenditure: reserve depletion method). 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 766: Disposal of petroleum mining asset to associate 1: Section DT 9(1)(b) b: section EJ 14(2) (Disposal of petroleum mining asset to associate) prevents the miner from taking the full amount of a deduction allocated under section EJ 11 or EJ 11B (which relate to petroleum development expenditure) to the income year in which the miner disposes of the asset. 2: Section DT 9(2)(b) b: the amount of the deduction allocated under section EJ 11 or EJ 11B to the income years after the income year in which the miner disposes of the asset. 3: Subsections (1) and (2) apply for expenditure incurred on or after 1 April 2008. 767: Amount written off by holding company 1: In section DU 12(3)(a) tax year income year 2: Section DU 12(3)(b) b: the prescribed proportion of the total amount of mining exploration expenditure and mining development expenditure incurred by the mining company before the end of the income year in which the amount referred to in subsection (1) is written off, reduced by the total amount of deductions the holding company is allowed under this section in all income years before the income year in which that amount is written off. 3: Subsection (1) applies for the 2005–06 and later income years. 768: New section DW 3 added 1: After section DW 2 DW 3: Deduction for general insurance outstanding claims reserve When this section applies 1: This section applies for— a: an insurer who uses IFRS 4, Appendix D for general insurance contracts; and b: general insurance contracts, excluding contracts having premiums to which section FC 14 (Non-resident general insurers' income) applies. No deduction on account of claims 2: For an insurer's general insurance contracts, the insurer is not allowed a deduction relating to the insurer's outstanding claims liability or for a claim's expenditure or loss, except as provided by this section. Formula for insurer's OCR deduction 3: For an income year (the current year opening outstanding claims reserve Definition of items in formula 4: In the formula,— a: opening outstanding claims reserve i: the amount of the insurer's closing outstanding claims reserve for the income year before the current year (the prior year ii: the amount of the insurer's reserve for outstanding claims liability, calculated at the end of the prior year, using the basis the insurer used for tax purposes in that prior year, if the current year is the first year that this section applies to the insurer: b: closing outstanding claims reserve Deduction for payments of current claims 5: The insurer is allowed a deduction for the amount of expenditure or loss of a claim paid to an insured under a general insurance contract. Link with subpart DA 6: This section supplements the general permission. The general limitations still apply. Defined in this Act: amount, deduction, general insurance contract, general limitation, general permission, IFRS 4, income year, insurer, life insurer, outstanding claims reserve . 2: Subsection (1) applies for the first income year for which an insurer adopts IFRSs for the purposes of financial reporting and later income years, if the person chooses to use IFRS 4 in a return of income for that first year. 769: Prepayments In section EA 3(7) sections CW 13 (Expenditure on account, and reimbursement, of employees) and CW 14 (Allowance for additional transport costs) sections CW 13, CW 13B, CW 13C, and CW 14 (which relate to expenditure, reimbursement, and allowances of employees) 770: Pool method: calculating amount of depreciation 1: Section EE 21(5) to (8) Starting adjusted tax value 5: Starting adjusted tax value a: the pool's adjusted tax value at the start of the income year, increased as applicable by the amount referred to in section EE 22(2)(b); or b: zero, if the pool did not exist at the start of the income year. Ending adjusted tax value 6: Ending adjusted tax value a: increased by the amounts referred to in section EE 22(1) and (2)(a): b: decreased by the amount referred to in section EE 22(3). Months 7: Months a: is the number of whole or part months in their income year: b: may be more or less than 12. 2: Subsection (1) applies for the 2005–06 and later income years. 771: Economic rate for plant, equipment, or building, with high residual value 1: Section EE 25E(1)(b) b: the estimated residual market value for the item is more than 13.5% of cost; and . 2: Subsection (1) applies for the 2005–06 and later income years. 772: Annual rate for item acquired in person's 1995–96 or later income year 1: In section EE 26(2) a: the item's economic rate, special rate, or provisional rate, for an item not described in either paragraph (b) or (c): b: the item's economic rate, special rate, or provisional rate multiplied by 1.2, for an item that— . 2: Subsection (1) applies for the 2005–06 and later income years. 773: Meaning of adjusted tax value 1: Section EE 46(1)(b) b: for a pool, the total adjusted tax value determined under section EE 21. 2: Subsection (1) applies for the 2005–06 and later income years. 774: Section EJ 11 replaced 1: Section EJ 11 EJ 11: Petroleum development expenditure: default allocation rule When this section applies 1: This section applies when a petroleum miner's petroleum development expenditure that relates to petroleum mining developments in a permit area is incurred on or after 1 April 2008, if section EJ 11B does not apply to the expenditure. Default allocation rule 2: For the purposes of section DT 5(2)(a) (Petroleum development expenditure), a deduction for the petroleum development expenditure is allocated in equal amounts over a period of 7 income years. The period of 7 years starts with the income year in which the expenditure is incurred. Relationship with other petroleum mining provisions 3: Sections EJ 12 to EJ 14 override subsection (2). Sections DT 7, DT 8, DT 10, DT 11, DT 16, and IH 3 (which relate to petroleum miners) override this section. Defined in this Act: amount, deduction, income year, permit, petroleum development expenditure, petroleum miner, petroleum mining development EJ 11B: Petroleum development expenditure: reserve depletion method When this section applies 1: This section applies when a petroleum miner's petroleum development expenditure that relates to petroleum mining developments in a permit area, if the expenditure is incurred–– a: on or after 1 April 2008; and b: an election to apply this section, described in subsection (2), is made for the permit area. Choice: first year of commercial production and later years 2: An election to apply this section may be made by a petroleum miner for a permit area, in a return of income for an income year, only if that income year is the first one in which petroleum is produced in commercial quantities in the permit area. The election is irrevocable, and applies this section to petroleum development expenditure that relates to petroleum mining developments in the relevant permit area for the income year and later income years. Reserve depletion method expense allocation rule 3: For the purposes of section DT 5(2)(b) (Petroleum development expenditure), the deduction allocated to an income year for the petroleum development expenditure that relates to a petroleum mining development in the relevant permit area is the amount calculated using the following formula, if the amount is positive: (reserve expenditure − previous expenditure) × reserve depletion for probable reserves. Definition of items in formula 4: The items in the formula are defined in subsections (5) to (8). Reserve expenditure 5: Reserve expenditure Previous expenditure 6: Previous expenditure Reserve depletion for the year 7: Reserve depletion for the year Probable reserves 8: Probable reserves Relationship with other petroleum mining provisions 9: Sections EJ 12 to EJ 14 override subsection (3). Sections DT 7, DT 8, DT 10, DT 11, DT 16, and IH 3 (which relate to petroleum miners) override this section. Defined in this Act: amount, deduction, income year, permit area, petroleum development expenditure, petroleum miner, petroleum mining development . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 775: Relinquishing petroleum permit 1: Section EJ 12(2)(b) b: any part of the deduction allocated to earlier income years under section EJ 11(2) or EJ 11B(3). 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 776: New sections EJ 12B and EJ 12C inserted 1: After section EJ 12 EJ 12B: Dry well drilled When this section applies 1: This section applies when— a: the petroleum miner has petroleum development expenditure for a well, the drilling of which stops in an income year, and, from the time of stopping, the well— i: will never produce petroleum in commercial quantities; and ii: is abandoned; and b: part of a deduction under section DT 5 (Petroleum development expenditure) for the petroleum development expenditure described in paragraph (a) has not been allocated under section EJ 11 or EJ 11B. Allocation 2: The part of the deduction described in subsection (1) is allocated to the income year. Defined in this Act: amount, deduction, income year, petroleum development expenditure EJ 12C: Well not producing When this section applies 1: This section applies when— a: the petroleum miner has petroleum development expenditure for a well that, in an income year— i: stops producing petroleum in commercial quantities; and ii: is abandoned; and b: the petroleum miner has elected to apply section EJ 11B for the petroleum development expenditure described in paragraph (a) before the start of the income year; and c: part of a deduction under section DT 5 (Petroleum development expenditure) for the petroleum development expenditure described in paragraphs (a) and (b) has not been allocated under section EJ 11B. Allocation 2: The part of the deduction described in subsection (1) is allocated to the income year. Defined in this Act: amount, deduction, income year, petroleum development expenditure . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 777: Disposal of petroleum mining asset 1: Section EJ 13(2)(b) b: it has not been allocated under section EJ 11 or EJ 11B to the income year in which the miner disposes of the asset or to an earlier income year. 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 778: Sections EJ 17 and EJ 18 replaced 1: Sections EJ 17 EJ 18 EJ 18: Meaning of petroleum mining development Meaning 1: In sections EJ 11 and EJ 11B, petroleum mining development Activities: inclusions 2: The activities are those carried out in connection with— a: developing a permit area for producing petroleum: b: producing petroleum: c: processing, storing, or transmitting petroleum before its dispatch to a buyer, consumer, processor, refinery, or user: d: removal or restoration operations. Activities: exclusions 3: The activities do not include further treatment to which all the following apply: a: it occurs after the well stream has been separated and stabilized into crude oil, condensate, or natural gas; and b: it is done— i: by liquefaction or compression; or ii: for the extraction of constituent products; or iii: for the production of derivative products; and c: it is not treatment at the production facilities. Defined in this Act: permit area, petroleum, removal or restoration operations . 2: Subsection (1) applies for expenditure incurred on or after 1 April 2008. 779: What spreading methods do 1: After section EW 14(2)(d) e: a financial reporting method, to which sections EW 21 and EW 23 are relevant; or . 2: Subsection (1) applies for the 2007–08 and later income years. 780: IFRS taxpayer method 1: After section EW 15B(2) Functional currency 2B: The IFRS taxpayer method must be applied using New Zealand dollars, even if another currency may be used as the functional currency under IFRSs. Financial statements 2C: Unless the context otherwise requires, references to IFRSs in the IFRS taxpayer method are references to the IFRS rules used to prepare the person's financial statements. 2: After section EW 15B(4)(b)(ii) iib: is, under NZIAS 17 and in the person's financial statements, classified as an operating lease: . 3: In section EW 15B NZIAS 17 4: Subsections (1) and (2) apply for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 781: IFRS method 1: After section EW 15C(2) Fair value method not used for certain financial arrangements 2B: A person must not use the fair value method for a financial arrangement if— a: the financial arrangement is treated under IFRSs by the person as a hedge of another financial arrangement; and b: the person uses a method other than the IFRS method for the other financial arrangement. 2: Section EW 15C(3)(a) a: if the financial arrangement is a financial asset, an amount arising from an impaired credit adjustment under IFRSs is not allocated to an income year. However, when the fair value method is used, adjustments for financial arrangements held by the person are excluded from this paragraph, if the financial arrangements are not derivative instruments and the person's business includes dealing in those financial arrangements: . 3: After section EW 15C(3)(a) ab: borrowing costs are not capitalised under NZIAS 23: . 4: In section EW 15C derivative instrument NZIAS 23 5: Subsections (1) to (3) apply for–– a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person's 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 6: Despite subsection (5), subsection (3) does not apply for a taxpayer and an income year if the taxpayer has,— a: before 30 June 2009, filed a return of income for the income year; and b: taken a tax position in the return which ignores subsection (3). 782: Determination alternatives to IFRS 1: Section EW 15D(1)(d) d: the financial arrangement–– i: is not treated under IFRSs by the person as a hedge; or ii: is treated under IFRSs by the person as a hedge of other financial arrangements, for each of which the person does not use the fair value method. 2: In section EW 15D(2) The person must use 1 of the following methods for the financial arrangement, as modified by subsection (3) or (4): 3: Subsections (1) and (2) apply for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 783: Expected value method and equity-free fair value method 1: Section EW 15E(1)(c) c: the financial arrangement–– i: is not treated under IFRSs by the person as a hedge; or ii: is treated under IFRSs by the person as a hedge of other financial arrangements, for each of which the person does not use the fair value method; and . 2: Section EW 15E(1)(f) f: the person and all companies in a group of companies to which the person belongs have chosen to use the modified fair value method described in subsection (2) or the equity-free fair value method described in subsection (3), and have notified the Commissioner at the time of filing a return of income. This paragraph may be ignored in whole or in part if the person carries on a business that is not of a substantially similar nature to other companies in the group, and–– i: the person and the other parties to the financial arrangement are not associated; or ii: the person and the other parties to the financial arrangement are associated and use the same method for the arrangement. 3: In section EW 15E(3) If the person chooses under subsection (1)(f) to use the equity-free IFRS method for the financial arrangement, the person must use a method that is the fair value method under section EW 15C. 4: Section EW 15E(4) 5: In section EW 15E associated person 6: Subsections (1) to (4) apply for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 784: New section EW 21 inserted 1: After section EW 20 EW 21: Financial reporting method A person who is a party to a financial arrangement may use a financial reporting method if–– a: the person cannot use the yield to maturity method or an alternative; and b: the person–– i: may not use the straight-line method or a market valuation method; or ii: may use the straight-line method or a market valuation method but chooses not to do so; and c: the person is not required to use the IFRS taxpayer method by section EW 15B; and d: the Commissioner has not made a determination for the financial arrangement under section 90AC(1)(d) of the Tax Administration Act 1994; and e: the method conforms with commercially acceptable practice; and f: the method is also used by the person for financial reporting purposes for financial arrangements that are the same as, or similar to, the arrangement (although section EW 23 may apply if the method is not used in this way); and g: the method allocates a reasonable amount to each income year over the financial arrangement's term. Defined in this Act: amount, Commissioner, financial arrangement, IFRS taxpayer method, income year . 2: Subsection (1) applies for the 2007–08 and later income years. 785: Default method 1: In section EW 22(c) alternative alternative, or a financial reporting method 2: Subsection (1) applies for the 2007–08 and later income years. 786: Failure to use method for financial reporting purposes 1: In section EW 23(1) EW 18(f), and EW 20(2)(f) EW 18(1)(f), EW 20(2)(f), and EW 21(f) 2: In section EW 23(2) EW 18(f), and EW 20(2)(f) EW 18(1)(f), EW 20(2)(f), and EW 21(f) 3: Subsections (1) and (2) apply for the 2007–08 and later income years. 787: Change of spreading method 1: Section EW 26(1) is replaced by the following: Requirements for change from straight-line and market value method 1: A person may change from the straight-line method or the market value method if they change to a method that is not the IFRS taxpayer method, and the Commissioner has given written authorisation for the change. 2: In section EW 26(2) A person may change from any spreading method to any other method if the Commissioner's written authorisation under subsection (1) is not required for the change, and they have a sound commercial reason for the change. 3: In section EW 26(6) Despite subsection (3), that subsection, subsection (4), and section EW 27 do not apply to the extent to which the person's spreading method change involves, for a financial arrangement, a change from the fair value method under the IFRS method described in section EW 15C or a change from the market value method to the IFRS taxpayer method. 4: Section EW 26(7)(a) a: starting to use or ceasing to use IFRSs to prepare financial statements at the same time as starting to use or ceasing to use the IFRS taxpayer method: . 5: Subsections (1) to (4) apply for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 788: When calculation of base price adjustment required 1: Section EW 29(13) 13: A party to a financial arrangement who, for the financial arrangement, changes from the fair value method under the IFRS method described in section EW 15C to any other method or from the market value method to the IFRS taxpayer method must calculate a base price adjustment as at the date of the change. 2: Subsection (1) applies for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 789: Base price adjustment formula 1: In section EW 31(7) a: ignoring non-contingent fees, b: , ignoring–– . For the purposes of this subsection, the following are ignored: 2: In section EW 31(9)(a) , under section CC 3 (Financial arrangements), 3: Subsection (1) applies for–– a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person's 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 4: Subsection (2) applies for the 2005–06 and later income years. 790: Direct control interests In section EX 5(5)(c) shares) shares) or FC 2B (Stapled debt securities) 791: Direct income interests In section EX 9(6)(c) shares) shares) or FC 2B (Stapled debt securities) 792: Direct income interests in FIFs In section EX 31(6)(c) shares) shares) or FC 2B (Stapled debt securities) 793: Exemptions: direct income interests in FIF in grey list country 1: In section EX 33(4)(d) d: at all times in the year, the grey list company holds more than 50% of the voting interests in a company (the resident company . 2: Section EX 33(4)(e) e: the year begins less than 10 years after the grey list company first held more than 50% of the voting interests in the resident company; and . 3: In section EX 33 voting interest 794: Use of particular calculation methods required Section EX 40B(b) b: the deemed rate of return method, if use of the comparative value method is not practical because the person cannot determine the market value of the attributing interest at the end of the income year. 795: Comparative value method Section EX 44(5) 5: Opening value 796: Fair dividend rate method: usual method 1: After section EX 44C(4) Exclusion for certain managed funds 4B: Subsection (4)(c) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 2: In section EX 44C company foreign investment vehicle life insurance portfolio investment entity 797: Fair dividend rate method: method for unit valuers and persons valuing interests daily 1: After section EX 44D(4) Exclusion for certain managed funds 4B: Subsection (4)(c) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 2: In section EX 44D company foreign investment vehicle life insurance portfolio investment entity 798: Cost method 1: In section EX 45B(4)(ac)(ii) income year; or income year; and iii: the interest was not an attributing interest for the income year before the relevant income year; or . 2: In section EX 45B attributing interest 799: Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method 1: Section EX 47(1)(c) c: the fair dividend rate method: . 2: After section EX 47(1) Exclusion for interests in grey list companies 1B: Subsection (1)(c) does not apply if— a: the FIF is a grey list company; and b: the person holds a direct income interest of 10% or more in the FIF at the beginning of the income year in which the period falls. Application of rule for certain managed funds 1C: Subsection (1B) does not apply if— a: the person is a portfolio investment entity, an entity eligible to be a portfolio investment entity, or a life insurance company; and b: the FIF is a foreign investment vehicle. 3: In section EX 47 direct income interest foreign investment vehicle life insurance portfolio investment entity 800: Measurement of cost Section EX 56(2B) 801: Transitional rule for IFRS financial reporting method 1: In section EZ 50(1)(b) EW 18(f) EW 18(1)(f) 2: In section EZ 50(2) EW 18(f) EW 18(1)(f) 802: New sections EZ 51 and EZ 52 added After section EZ 50 EZ 51: Transitional rule for financial reporting method 1: This section applies for a financial arrangement when–– a: the first income year for which a person adopts IFRSs for the purposes of financial reporting is before the 2007–08 income year and the person has not chosen to apply the IFRS taxpayer method in a return of income for any year before the 2008–09 income year; and b: the income year is that first income year or any subsequent income year that is before the 2008–09 income year. 2: Despite sections EW 21(e) and EW 23, for an income year described in subsection (1)(b), the person may apply a method that is not used by the person for financial reporting purposes if it is a method that they would be allowed to use if they had not adopted IFRSs. The requirements for using a financial reporting method, other than the requirement in section EW 21(e), must still be met by the person. Defined in this Act: financial arrangement, IFRS, IFRS taxpayer method, income year, return of income EZ 52: Transitional rule for changes from the fair value method 1: This section applies for a financial arrangement when–– a: the person chooses to apply the IFRS taxpayer method in a return of income for the 2005–06 income year; and b: the person uses the fair value method under the IFRS method described in section EW 15C in the 2005–06 income year. 2: Despite section EW 26(2) and (7) (Change of spreading method), the person is treated as having a sound commercial reason for changing from the fair value method to another method under the IFRS taxpayer method in the 2006–07 or 2007–08 income year. Defined in this Act: financial arrangement, IFRS taxpayer method, income year, return of income, sound commercial reason . 803: Floating rate of interest on debentures After section FC 1(3) 4: This section does not apply to a debenture treated as a share under section FC 2B. 804: Interest on debentures issued in substitution for shares After section FC 2(4) 4B: This section does not apply to a debenture treated as a share under section FC 2B. 805: New section FC 2B inserted 1: After section FC 2 FC 2B: Stapled debt securities 1: Stapled debt security a: the debt security is stapled to a share in the company or to a share in another company; and b: the share is not a fixed rate share. 2: The stapled debt security is treated as a share issued by the company and— a: interest payable under the stapled debt security is treated as a dividend; and b: section DB 8B may deny deductions for expenditure or loss related to the security. 3: A stapled debt security and a share to which it is stapled are treated as a single share for the purposes of applying— a: the definition in section CD 14(9) of non-participating redeemable share b: the definition in section LF 2(3) of fixed rate share c: the definition in section OB 1 of fixed rate share subsection (1)(b) 4: In this section, debt security a: the financial arrangement provides funds to the company; and b: the financial arrangement gives rise to an amount for which the company would have a deduction but for this section; and c: the amount does not arise only from either a movement in a currency exchange rate or a non-contingent fee. 5: In this section, a debt security is stapled a: the debt security can, or ordinarily can, be disposed of only together with the share; and b: the arrangement that requires the debt security and the share to be disposed of together is an arrangement to which the company that issued the debt security or the company that issued the share is a party. Exclusion: small company shareholder agreements 6: This section does not apply if the debt security is stapled to the share using a shareholder agreement for a company that is not a widely-held company. Exclusion: stapling before 25 February 2008 7: This section does not apply if the debt security was stapled to the share before 25 February 2008. 2: Subsection (1) applies if a debt security is stapled to a share on or after 25 February 2008. 806: Rules for calculating New Zealand group debt percentage Section FG 4(2)(b) b: the financial arrangement— i: gives rise to an amount for which the taxpayer, or another group member, would be allowed a deduction, other than an amount that arises only from movement in currency exchange rates: ii: is a stapled debt security that is held by a person resident in New Zealand and is stapled to shares other than shares of a company that is a proportional-stapling company. 807: New Zealand net equity of New Zealand banking group 1: In section FG 8G(1) FRS FRS – SDS 2: In section FG 8G(1) FRS SDS a: owned by a person resident in New Zealand; and b: included in the value of item EQV c: stapled to shares other than shares of a company that is a proportional-stapling company . 808: Section GC 14EB repealed Section GC 14EB 809: Dividends from qualifying company 1: Section HG 13(3)(a) a: the maximum imputation credit which may be attached to that dividend by virtue of section ME 8(1); and . 2: Section HG 13(4)(a) a: the maximum dividend withholding payment credit which may be attached to that dividend by virtue of sections MG 8(1) and MG 10(1) (after taking into account for the purposes of section MG 10(1) any imputation credit attached to that dividend under subsection (3)); and . 810: Modification of agency provisions in respect of income from company debentures In section HK 13(1) debentures issued debentures that are a stapled debt security to which section FC 2B applies, or to debentures issued 811: Effect of failure to meet eligibility requirements for entities 1: Section HL 4(1)(a) a: referred to in sections HL 2(2) and HL 3; and . 2: Section HL 4(2)(a) a: the portfolio investor class of the entity fails to meet a requirement under section HL 6 or HL 9 on the last day of a quarter— i: beginning 6 months or more after the date on which the portfolio investor class is formed; and ii: ending more than 3 months before an announcement by the entity to its investors that the portfolio investor class is winding up within 12 months of the announcement; and ab: the entity fails to meet a requirement under section HL 10 on the last day of a quarter— i: beginning 6 months or more after the date on which the entity becomes a portfolio investment entity; and ii: ending more than 3 months before an announcement by the entity to its investors that the entity is winding up within 12 months of the announcement; and . 3: Section HL 4(2)(b)(ii) ii: is repeated on the last day of the quarter following the quarter referred to in paragraph (a) and ending more than 3 months before the announcement referred to in paragraphs (a)(ii) and (ab)(ii). 812: Investor membership requirement 1: After section HL 6(1)(i) ib: Auckland Regional Holdings: . 2: In section HL 6(1)(j)(iii) entity: entity 3: Section HL 6(3) No investor membership requirement for public unit trusts 3: There is no investor membership requirement for a portfolio investor class that, if treated as a unit trust, would meet the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust No investor membership requirement for certain superannuation funds and others 3B: There is no investor membership requirement for a portfolio investor class that includes an investor that is— a: a superannuation fund established under the proposal for the restructuring of the National Provident Fund required by the National Provident Fund Restructuring Act 1990: b: the fund established by the Government Superannuation Fund Act 1956: c: a superannuation fund that— i: existed before 17 May 2006; and ii: on or after 17 May 2006, if treated as a unit trust, would have met the requirements of 1 or more of paragraphs (a) and (c) to (e) of the definition of public unit trust iii: has no investor, other than the fund's manager or trustee, that can control the investment decisions relating to that class: d: a public unit trust. 4: Section HL 6(4)(a) and (b) a: the investor is not listed in subsection (1)(b) to (ib); and b: the associated person is not listed in subsection (1)(b) to (ib); and . 813: Investor interest size requirement 1: After section HL 9(4)(i) ib: Auckland Regional Holdings: ic: a portfolio investor class of less than 20 persons, treating all interests held by associated persons and included by subsection (6) as being held by 1 person, if— i: the entity has 1 or more other portfolio investor classes that meet the requirements of section HL 6(1)(a); and ii: no investor in the class, other than the entity's manager or trustee, can control the investment decisions relating to that class; and iii: investors for which the entity would not meet the investor membership requirement in the absence of this paragraph have portfolio investor interests with a total value of less than 10% of the total value of portfolio investor interests in the entity: . 2: In section HL 9(4)(j) subsection (5): subsection (5) 3: In section HL 9(5) subsection (4)(a) to (i) subsection (4)(a) to (ic) 4: Section HL 9(6)(a) and (b) a: the investor is not listed in subsection (4)(a) to (ic); and b: the associated person is not listed in subsection (4)(a) to (ic); and . 814: Further eligibility requirements relating to investments Section HL 10(2)(b)(iii) iii: an amount of income from a lease of land, but this subparagraph does not apply if the lessee under the lease is associated with the entity deriving the amount: . 815: Unlisted company may choose to become portfolio listed company Section HL 11B(1)(a) a: has at least 100 shareholders; and . 816: Becoming portfolio investment entity Section HL 12(1)(b) b: the entity, if treated as becoming a portfolio investment entity when the election would be effective, would cease under section HL 4 to be eligible through a failure to meet 1 or more of the requirements in section HL 6, HL 9, or HL 10 in each quarter of the 12-month period. 817: Credits received by portfolio tax rate entity or portfolio investor proxy In section HL 27(7) 7: The investor is treated as receiving for the allocated credits, for the tax year corresponding to the investor's income year or, in the case of an investor having a portfolio investor exit period, for the quarter to which the portfolio investor exit period relates,— . 818: Determination of amount of credit in certain cases Section LB 1(1)(c) to (e) c: in the case of an imputation credit attached to a dividend that has an imputation ratio greater than the ratio calculated in accordance with the formula stated in section ME 8(1), so much of the imputation credit as would arise if the imputation ratio of the dividend were the ratio so calculated: d: in the case of a dividend withholding payment credit attached to a dividend with a dividend withholding payment ratio greater than the ratio calculated in accordance with the formula stated in section MG 8(1), so much of the dividend withholding payment credit as would arise if the dividend withholding payment ratio of the dividend were the ratio so calculated: e: in the case of a dividend with a combined imputation and dividend withholding payment ratio greater than the ratio calculated in accordance with the formula stated in section MG 8(1), so much of the dividend withholding payment credit and the imputation credit as remain after any reduction of the dividend withholding payment credit or the imputation credit in accordance with subsection (5): . 819: Credit of tax for imputation credit 1: Section LB 2(2) 2: Any such credit of tax is credited, in so far as it extends, against the income tax liability of the taxpayer for the income year. 2: In section LB 2(8) from an interest in an attributing interest in a foreign investment fund from an attributing interest in a foreign investment fund 820: Credit of tax for dividend withholding payment credit in hands of shareholder Section LD 8(1)(a) a: the taxpayer is entitled to a credit of tax equal to the dividend withholding payment credit so included in assessable income; and . 821: Credits in respect of dividends to non-resident investors Section LE 2(13) 822: Special rules for holding companies In section LE 3(6) T T schedule 1, part A, clause 5 . 823: Credits arising to imputation credit account 1: After section ME 4(1)(ed) ee: the amount of any imputation credit allocated under section HL 27(7)(b) to the company by a portfolio tax rate entity during the imputation year: . 2: After section ME 4(2)(cd) ce: in the case of a credit referred to in subsection (1)(ee), on the date the credit is allocated: . 824: Allocation rules for imputation credits Section ME 8(7) 825: Amount of imputation credit to be attached to cash distribution Section ME 31(3) 826: Notional distribution deemed to be dividend Section ME 33(4) 827: Amount of imputation credit to be attached to cash distribution Section ME 36(3) 828: Notional distribution deemed to be dividend or taxable Maori authority distribution Section ME 38(3) 829: Branch equivalent tax account of company Section MF 3(3) 830: Credits and debits arising to branch equivalent tax account of company Section MF 4(7) 831: Debits and credits arising to group branch equivalent tax account Section MF 8(7) 832: Use of consolidated group credit to reduce dividend withholding payment, or use of group or individual debit to satisfy income tax liability 1: Section MF 10(4B) to (4D) are repealed. 2: After section MF 10(4) 4B: An election made for a consolidated group under section MF 10(3) by any company described in section MF 10(3)(a) to (c) for an income year is invalid to the extent to which the total of all those elections is greater than an amount calculated for the consolidated group for the year using the formula in section MF 8(2)(a) (but treating item e 4C: An election made for a company (the first company e 4D: An amount of election that is invalid under subsections (4B) or (4C)— a: is not recorded as a credit in the branch equivalent tax account of the company or the consolidated group, as the case may be, that makes the election: b: is not an amount of debit balance for which the election is made: c: does not relate to the election. 3: Subsections (1) and (2) apply for the 2005–06 and later income years. 833: Allocation rules for dividend withholding payment credits Section MG 8(9) 834: Dividend with both imputation credit and dividend withholding payment credit attached Section MG 10(3) 835: Conduit tax relief account Section MI 3(3) 836: Credits arising to conduit tax relief account Section MI 4(3) 837: Debits arising to conduit tax relief account Section MI 5(8) 838: Consolidated group conduit tax relief account Section MI 15(2) 839: Credits arising to group conduit tax relief account Section MI 17(3) 840: Debits arising to group conduit tax relief account Section MI 18(5) 841: Retirement scheme contributors 1: In section NEB 6(2) 2: An entity may choose to become a retirement scheme contributor for a person for an income year if,— . 2: Subsection (1) applies for the 2007–08 and later income years. 842: Application of RWT rules Section NF 1(2)(b)(xii) 843: Resident withholding tax deductions from dividends deemed to be dividend withholding payment credits Section NF 8(1)(a) a: sections LB 1 and LD 9: . 844: Definitions 1: This section amends section OB 1 2: After the definition of accident insurance contract accommodation . 3: Before the definition of actuary actuarially determined . 4: In the definition of cancellation including on the liquidation of the company including on the liquidation of a company, and when a stapled debt security ceases to be a share 5: In the definition of consideration aa: in section CD 32 (Available subscribed capital amount), includes the amount owing under a stapled debt security when the security ceases to be a share: . 6: In the definition of creditable membership i: the period ending on the day on which securities are first allotted by the KiwiSaver scheme for the person, and beginning on the earliest of— A: the first day of the month in which contributions are first received by the Commissioner for the person: B: the first day of the month in which KiwiSaver contributions are first deducted for the person: C: the day which the Commissioner nominates in answer to a request by the person for such nomination, in circumstances where, due to matters outside the control of the person, the first deduction of KiwiSaver contributions was delayed: . 7: After the definition of debentures debt security . 8: The definition of derivative instrument derivative instrument . 9: In the definition of employee sections CW 13 (Expenditure on account, and reimbursement, of employees) and CW 14 (Allowance for additional transport costs) sections CW 13, CW 13B, CW 13C, and CW 14 (which relate to expenditure, reimbursement, and allowances of employees) 10: In the definition of excluded security shares) shares) or FC 2B (Stapled debt securities) 11: The definition of fair value method fair value method . 12: In the definition of fixed rate share section LF 2(3) section LF 2(3): f: in section FC 2B (Stapled debt securities) and the definitions of proportional-stapling company stapled debt security i: a share described in paragraph (a): ii: a share that would be a share described in paragraph (a) but for any dividend or variation in the rate of dividend that may occur due to a gain arising when the share is converted into another share (the other share A: a change in value of the other share in a period, and that period finishes when the share is converted, starts not more than 30 days before the share is converted, and was a term or condition of the share when the share was first issued: B: a term or condition of the share that was a term or condition when the share was first issued, and that term or condition set, for the gain, a fixed percentage equal to 5%, or a lesser percentage, of the amount subscribed for the share: iii: a share for which the dividend payable is the equivalent of the payment of interest for money lent having regard to the factors in paragraph (g): g: for the purposes of paragraph (f)(iii), the factors are–– i: whether or not the share is redeemable: ii: any security provided to the shareholder, including put or call options over the share or any amount payable determined by reference to the amount of dividend payable: iii: the variability or lack of variability of the dividend payable . 13: After the definition of general insurance general insurance contract . 14: After the definition of identical share IFRS 4 . 15: In the definition of income interest EX 14 EX 8 16: In the definition of market value circumstance applies or FC 2B (Stapled debt securities) applies 17: After paragraph (a)(ii) of the definition of member credit contributions iib: Crown contribution (as that term is defined in the KiwiSaver Act 2006) for the person: . 18: After the definition of NZIAS 17 NZIAS 23 . 19: The definition of offshore development 20: The definition of onshore development 21: In the definition of operating lease means means, except in section EW 15B(4)(b)(iib) (IFRS taxpayer method), 22: After the definition of outstanding balance outstanding claims reserve . 23: After the definition of overseas pension overtime . 24: After the definition of petroleum mining company petroleum mining development . 25: In the definition of portfolio investor rate 33%, if 30%, if the investor has provided their tax file number to the Commissioner and 26: In the definition of prescribed investor rate ii: the person is a resident who derives income as a trustee of a trust other than a trust referred to in paragraph (c)(i) and who chooses to be subject to this paragraph for the tax year; or . 27: After the definition of property proportional-stapling company a: each share in the company that is not a fixed-rate share (a participating share b: for each participating share in the company, the amount payable for the issue of its stapled debt security is the same proportion of the available subscribed capital calculated under the slice rule of the participating share as it is for each other participating share . 28: In the definition of share shares) shares) or FC 2B (Stapled debt securities) 29: After the definition of shareholder shareholder agreement a: includes an arrangement to which the shareholders of the company are parties, in their capacity of shareholders; but b: does not include an arrangement that is–– i: the company's constitution: ii: the terms of a debt security: iii: the terms of the company's shares . 30: After the definition of standing timber stapled stapled debt security . 31: After the definition of working day work-related relocation . (32): Subsections (3), (13), (14), and (22) 33: Subsections (15) and (25) apply for the 2005–06 and later income years. 34: Subsections (19), (20), and (24) apply for expenditure incurred on or after 1 April 2008. 35: Subsections (8), (18), and (21) apply for— a: the 2007–08 and later income years, unless paragraph (b) or (c) applies; or b: the first income year for which a person adopts IFRSs for the purposes of financial reporting and later income years, if that first income year is before the 2007–08 income year and the person chooses to apply the IFRS taxpayer method in a return of income for that first year; or c: the 2008–09 and later income years, if a person’s 2008–09 income year starts before 1 January 2008 and the person has not adopted IFRSs for the purposes of financial reporting before 1 January 2007. 845: Schedule 16—Depreciable land improvements 1: In schedule 16 17 pipes 2: Subsection (1) applies for the 2005–06 and later income years. 6: Amendments to other Acts and regulations Income Tax Act 1994 846: Income Tax Act 1994 amended Sections 847 to 854 Income Tax Act 1994 2009-10-06 Income Tax Act 1994 ss 847–854 847: Exempt income—employee allowances and expenditure on account of employee 1: In section CB 12(1)(b), employee. employee; or c: despite section DE 1, includes a depreciation deduction component. 2: After section CB 12(1), the following are inserted: 1B: An amount, not being an amount or part of an amount that is exempt income under subsection (1), is exempt income to the extent to which— a: the amount is paid to or on behalf of an employee in respect of the costs to the employee in a work-related relocation; and b: the amount paid does not exceed the actual cost incurred by or on behalf of the employee on an expense that is listed as an eligible relocation expense in a determination made by the Commissioner under section 91AAR of the Tax Administration Act 1994; and c: the expenditure is incurred to the end of the tax year in which the relocation occurs, and for this purpose, a temporary move that has not been treated as a work-related relocation under this subsection is ignored. 1C: An amount, not being an amount or part of an amount that is exempt income under subsection (1), is exempt income to the extent to which— a: the amount is paid to or on behalf of an employee for a meal for the employee when the employee is working overtime; and b: the amount paid— i: does not exceed the actual cost to the employee, with documentation required for amounts over $20 per meal; or ii: is a reasonable estimate of the expenditure likely to be incurred by the employee or a group of employees for whom an amount is payable; and c: the employee has worked at least 2 hours overtime and either— i: the employment agreement provides for pay for overtime hours; or ii: the employer's established practice or policy provides for pay for overtime hours worked. 1D: An amount, not being an amount or part of an amount that is exempt income under subsection (1), is exempt income to the extent to which the amount is paid to an employee as a sustenance allowance for a day when— a: the employee works a minimum of 7 hours on the day; and b: the employee's employment requires them— i: to work outdoors and away from their employment base for most of the day; and ii: to undertake a long period of physical activity in travelling through a neighbourhood or district on foot or by bicycle; and c: it is not practicable for the employer to provide sufficient sustenance on the day for the period when the employee is working outdoors; and d: the allowance recognises— i: the arduous physical nature of the employee's work as described in paragraph (b); and ii: that the employer would normally provide tea, coffee, water, or similar refreshments at the employment base in the course of their business; and e: the employer has an established policy or practice of paying a sustenance allowance; and f: the amount paid— i: does not exceed the actual cost to the employee: ii: is a reasonable estimate of the expenditure likely to be incurred by the employee or a group of employees for whom an amount is payable. 3: Subsections (1) and (2) apply for the 2002–03 to 2004–05 income years, except when subsection (4) applies. 4: Subsection (1) does not apply in relation to a tax position taken by a person— a: in the period from 1 October 2001 to 31 March 2005; and b: in relation to employees' allowances; and c: relying on section CB 12(1) in the absence of the amendment made by subsection (1). 848: Meaning of fringe benefit 1: After section CI 1(o)(v), the following is inserted: vb: it removes a need which would otherwise exist for the employer of the employee to pay the employee an amount in respect of a work-related relocation as described in section CB 12(1B) or a payment for an overtime meal as described in section CB 12(1C): . 2: Subsection (1) applies for the 2002–03 to 2004–05 income years. 849: Accrual expenditure In section EF 1(5A), section CB 12(1) section CB 12(1) or (1B) to (1D) 850: Special and provisional economic rates 1: Section EG 10(1)(b) is replaced by the following: b: a provisional basic economic rate, where no applicable economic depreciation rate other than a default economic depreciation rate is specified in a determination under section EG 4. 2: Subsection (1) applies for the 1995–96 and later income years. 851: Use of consolidated group credit to reduce dividend withholding payment, or use of group or individual debit to satisfy income tax liability 1: Section MF 10(4B) to (4D) are replaced by the following: 4B: An election made for a consolidated group under section MG 10(3) by any company described in section MF 10(3)(a) to (c) for an income year is invalid to the extent to which the total of all those elections is greater than an amount calculated for the consolidated group for the year using the formula in section MF 8(2)(a) (but treating item e 4C: An election made for a company (the first company e 4D: An amount of election that is invalid under subsection (4B) or (4C)— a: is not recorded as a credit in the branch equivalent tax account of the company or the consolidated group, as the case may be, that makes the election: b: is not an amount of debit balance for which the election is made: c: does not relate to the election. 2: Subsection (1) applies for the 1997–98 and later income years. 852: Definitions 1: This section amends section OB 1. 2: In the definition of expenditure on account of an employee e: an amount paid under section CB 12(1B): . 3: In the definition of monetary remuneration but does not include any employer superannuation contribution: but does not include any employer superannuation contribution, or for the purposes of paragraph (a)(iii), any amount paid under section CB 12(1B): 4: After the definition of overseas company overtime . 5: After the definition of working partner work-related relocation a: for an employee other than an employee whose accommodation forms an integral part of their work, means a relocation of the place where the employee lives that is required because the employee's workplace is not within reasonable daily travelling distance of their residence as a result of the employee— i: taking up new employment with a new employer; or ii: taking up new duties at a new location with their existing employer; or iii: continuing in their current position but at a new location: b: for an employee whose accommodation forms an integral part of their work, means a relocation of the place where the employee lives that is required as a result of the employee— i: taking up new employment with a new employer; or ii: taking up new duties at a new location with their existing employer; or iii: continuing in their current position but at a new location . 6: Subsections (2) to (5) apply for the 2002–03 to 2004–05 income years. 853: Schedule 6A—Specified types of entertainment After schedule 6A, part B, clause 3(a), the following are inserted: ab: for an employee making a work-related relocation described in section CB 12(1B), the employer pays an amount for the cost of food or beverages consumed during the period of the relocation that is an eligible relocation expense; and ac: the employer pays an employee a sustenance allowance described in section CB 12(1D); and . 854: Schedule 16—Depreciable land improvements 1: In schedule 16, after item 16, the following is added: 17. Pipes. 2: Subsection (1) applies for the 1995–96 and later income years. Income Tax Act 1976 855: Special and provisional economic rates 1: Section 108I(1)(b) of the Income Tax Act 1976 is replaced by the following: b: a provisional basic economic rate, where no applicable economic depreciation rate other than a default economic depreciation rate is specified in a determination under section 108C of this Act. 2: Subsection (1) applies for the 1993–94 and later income years. 2009-10-06 Income Tax Act 1976 856: Schedule 21—Depreciable land improvements 1: In schedule 21 of the Income Tax Act 1976, after item 16, the following is added: 17. Pipes. 2: Subsection (1) applies for the 1993–94 and later income years. 2009-10-06 Income Tax Act 1976 Estate and Gift Duties Act 1968 857: Interpretation In section 2(2) of the Estate and Gift Duties Act 1968, after the definition of dutiable gift general power of appointment a: any power or authority created on or before the 31st day of March 1967 that— i: is conferred by the will of any person dying on or before that date, or is conferred by any settlement inter vivos ii: enables, or would enable if the holder were of full capacity, the holder of the power or authority to appoint or dispose of any property, or to charge any sum of money upon any property, as the holder thinks fit for the holder's own benefit; and iii: is exercisable by instrument inter vivos iv: is not a power or authority exercisable by a person in a fiduciary capacity under a disposition not made by the person, or exercisable by a mortgagee: b: any power or authority created on or after the 1st day of April 1967 that— i: is conferred by the will of any person dying on or after that date, or is conferred by any settlement inter vivos ii: enables, or would enable if the holder were of full capacity, the holder of the power or authority to obtain or appoint or dispose of any property, or to charge any sum of money upon any property, as the holder thinks fit for the holder's own benefit; and iii: is exercisable orally or by instrument inter vivos iv: is not a power or authority exercisable by a person in a fiduciary capacity under a disposition not made by the person, or exercisable by a mortgagee . 2009-10-06 Estate and Gift Duties Act 1968 Stamp and Cheque Duties Act 1971 858: Interpretation 1: In section 86F paid payment paragraph (c) of the definition of pay paragraph (d) of the definition of pay 2: In section 86F paid payment paragraph (d) of the definition of pay paragraph (a) of the definition of pay 3: Subsection (1) applies for the 2005–06 and later income years. 4: Subsection (2) applies for the 2008–09 and later income years. 2009-10-06 Stamp and Cheque Duties Act 1971 Taxation Review Authorities Act 1994 859: Hearing of objections by an Authority 1: In section 16(3)(b) section 22 section 22 or 22B 2: Subsection (1) applies for the 2008–09 and later income years. 2009-10-06 Taxation Review Authorities Act 1994 Taxation (Business Taxation and Remedial Matters) Act 2007 860: Use of consolidated group credit to reduce dividend withholding payment or use of group or individual debit to satisfy income tax liability In section 287(2) 2005–06 1997–98 2009-10-06 Taxation (Business Taxation and Remedial Matters) Act 2007 Acts referring to associated person 861: Consequential amendments to other Acts: associated person The enactments listed in schedule 2 2010-04-01 Fisheries Act 1996 Insolvency Act 2006 Misuse of Drugs Amendment Act 2005 Privacy Act 1993 Public Service Investment Society Management Act (No 2) 1979 Radiocommunications Act 1989 Smoke-free Environments Act 1990 Trustee Companies Management Act 1975 Unit Trusts Act 1960 Companies Act 1993 862: Schedule 7—Preferential claims In schedule 7 aa: subject to clause 3(1), all untransferred amounts of an employee's payroll donations by an employer or PAYE intermediary under section 24Q of the Tax Administration Act 1994 during the 4 months before the commencement of the liquidation: . 2010-01-06 Companies Act 1993 Insolvency Act 2006 863: Priority of payments to preferential creditors In the Insolvency Act 2006 section 274(2)(a) aa: subject to section 276(1), all untransferred amounts of an employee's payroll donations by an employer or PAYE intermediary under section 24Q of the Tax Administration Act 1994 during the 4 months before the adjudication: . 2010-01-06 Insolvency Act 2006 Income Tax (Depreciation Determinations) Regulations 1993 864: Income Tax (Depreciation Determinations) Regulations 1993 1: In the Income Tax (Depreciation Determinations) Regulations 1993, 91AE 91AAG a: regulation 2, paragraph (a) of the definition of depreciation determination b: regulation 3(1)(c) and (2): c: regulation 6(1)(a): d: regulation 9(1). 2: In the Income Tax (Depreciation Determinations) Regulations 1993, 91AJ 91AAL a: regulation 2, paragraph (b) of the definition of depreciation determination b: regulation 6(1)(b). 3: Subsections (1) and (2) apply for the 2005–06 and later income years. 2009-10-06 Income Tax (Depreciation Determinations) Regulations 1993 Goods and Services Tax (Grants and Subsidies) Order 1992 865: Schedule—Non-taxable grants and subsidies In the schedule a: under the Income Tax Act 2004 under the Income Tax Act 2007, Income Tax Act 2004, b: under subpart KJ of the Income Tax Act 2004 under subpart MK of the Income Tax Act 2007 or subpart KJ of the Income Tax Act 2004 2009-10-06 Goods and Services Tax (Grants and Subsidies) Order 1992 KiwiSaver Regulations 2006 866: KiwiSaver Regulations 2006 amended Sections 628 629 KiwiSaver Regulations 2006 2009-10-06 KiwiSaver Regulations 2006 ss 867 and 868 867: What member of KiwiSaver scheme must do next to participate in mortgage diversion facility Regulation 26(a) a: a request to divert, in respect of his or her mortgage, contributions that are received after the provider receives such request; and . 868: What scheme provider must do to participate in mortgage diversion facility In regulation 27(b) section 229(2)(i) section 229(2)(i) and (ia)

DLM2475312

2009

War Pensions Amendment Act 2009

1: Title This Act is the War Pensions Amendment Act 2009. 2: Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 5 January 2010 War Pensions Amendment Act 2009 Commencement Order 2009 3: Principal Act amended This Act amends the War Pensions Act 1954 OIC SR 2009/357 2010-01-05 War Pensions Act 1954 4: Effect of absence from New Zealand on veteran's pension Section 74E 74M or section 5: First 26 weeks of certain temporary absences Section 74F (other than a person who is receiving a veteran's pension overseas under section 74J) a person 6: New sections 74J to 74JB substituted Section 74J 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 of the Social Welfare (Transitional Provisions) Act 1990, that relates to the veteran's pension; and 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)); or 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) 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) i: begins to reside in a country that is not a country to which subsection (1) 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; 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) ii: returns to New Zealand. 3: For the purposes only of subsection (2)(b)(ii) 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) 5: Subsection (4) 6: The rates referred to in subsection (2) a: for a single person, a rate that is a proportion (calculated under section 74JA(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 74JA(1) 7: If section 74D applies to a person for whom an amount is specified by subsection (6) section 74JA(1) 8: This section is subject to section 74JB 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) d: dividing by 540 the total calculated under paragraph (c) 2: In the determination for the purposes of subsection (1) a: any period of absence from New Zealand of a kind described in section 9(1) of the New Zealand Superannuation and Retirement Income Act 2001; or b: any period of absence from New Zealand— i: while the person was engaged in missionary work (within the meaning of section 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body; or ii: while the person's spouse or partner was engaged in missionary work (within the meaning of section 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a) of the Social Security Act 1964) deemed to have been resident in New Zealand; or d: any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a) of the Social Security Act 1964 to have been resident in New Zealand, the person was also (by virtue of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand. 3: Subsection (2) 4: Subsection (2)(b) a: in the case of a person to whom subsection (2)(b)(i) b: in the case of a person to whom subsection (2)(b)(ii) 74JB: Entitlement A person is not entitled to be paid a veteran's pension under section 74J unless he or she— 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. 7: Relationship with other benefit provisions 1: Section 74M(1) and (2) 2: Section 74M(3) living alone payment, receive any 3: Section 74M(4) 80 80BD 4: Section 74M(5) 75 69G to 69I, 70, 74(1)(a), 75, 76, 77, and 82(7) 8: Social Security Act 1964 consequentially amended Section 70 subsection (1A) section 9 of the New Zealand Superannuation and Retirement Income Amendment Act 2009 1B: Subsection (1) does not apply to a veteran's pension payable overseas under section 74J OIC SR 2009/357 2010-01-05 Social Security Act 1964 9: Saving 1: This subsection applies to a person who, immediately before the commencement of section 6 section 74J a: that commencement; and b: the time he or she ceases to be entitled to be paid a veteran's pension under that section. 2: While subsection (1) a: the rate at which he or she was entitled to be paid immediately before the commencement of section 6 b: the rate at which he or she became entitled to be paid on that commencement.

BILL-SCDRAFT-7242

2009

Criminal Proceeds (Recovery) Act 2009

1: Title This Act is the Criminal Proceeds (Recovery) Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 1: Preliminary provisions Purpose 3: Purpose 1: The primary purpose of this Act is to establish a regime for the forfeiture of property— a: that has been derived directly or indirectly from significant criminal activity; or b: that represents the value of a person’s unlawfully derived income. 2: The criminal proceeds and instruments forfeiture regime established under this Act proposes to— a: eliminate the chance for persons to profit from undertaking or being associated with significant criminal activity; and b: deter significant criminal activity; and c: reduce the ability of criminals and persons associated with crime or significant criminal activity to continue or expand criminal enterprise; and d: deal with matters associated with foreign restraining orders and foreign forfeiture orders that arise in New Zealand. Overview 4: Overview 1: In general terms, this Act— a: provides for the restraint and forfeiture of property derived as a result of significant criminal activity without the need for a conviction; and b: sets out certain procedural matters relating to the forfeiture of instruments of crime if a conviction has been or may be entered. Many aspects of the conviction-based forfeiture regime are included in the Sentencing Act 2002 2: More specifically,— a: Part 1 b: subpart 1 c: subpart 2 d: subpart 3 e: subpart 4 f: subpart 5 g: subpart 6 h: subpart 7 i: subpart 8 j: subpart 9 k: subpart 10 3: This overview is by way of explanation only. If any provision of this Act conflicts with this overview, the other provision prevails. Interpretation 5: Interpretation 1: In this Act, unless the context otherwise requires,— all or part of a respondent’s property assets forfeiture order section 50(1) benefit civil forfeiture order Commissioner convert dealing with a: means to use or deal with property in any way and by any means; and b: includes,— i: if a debt is owed by a person, making a payment to any person to reduce that debt; and ii: removing property from New Zealand; and iii: receiving or making a gift of property; and iv: registering an interest in property department section 5 document a: means a document in any form (including, without limitation, a document in an electronic form); and b: includes (without limitation) any of the following: i: any writing on any material: ii: information recorded or stored by means of a tape recorder, computer, or other device: iii: material subsequently derived from information recorded or stored in the manner described in subparagraph (ii): iv: labels, markings, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: v: books, maps, plans, graphs, or drawings: vi: photographs, films, negatives, tapes, or any other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced financial institution section 3 section 5 foreign country section 2(1) foreign forfeiture order section 2(1) foreign order foreign qualifying forfeiture offence section 2(1) foreign restrained property foreign restraining order section 2(1) forfeited property forfeiture order former interest holder instrument forfeiture order section 142N instrument of crime a: property used (wholly or in part) to commit or facilitate the commission of a qualifying instrument forfeiture offence; and b: in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1), (1A), (2A), or (2B) section 4(1) c: in relation to any property referred to in paragraphs (a) and (b), the proceeds of any disposition of that property or any other property into which that property is converted, after the commission of the qualifying instrument forfeiture offence, except to the extent provided otherwise by any order of a court under this Act or the Sentencing Act 2002 interest a: a legal or equitable estate or interest in the property; or b: a right, power, or privilege in connection with the property interim foreign restraining order section 128 lawyer section 6 Official Assignee organisation Part 2 profit forfeiture order section 55 property a: means real or personal property of any kind— i: whether situated in New Zealand or a foreign country; and ii: whether tangible or intangible; and iii: whether movable or immovable; and b: includes an interest in real or personal property proposed restrained property prosecutor a: means, in relation to an application for a restraining order relating to an instrument of crime or to any matter relating to an instrument forfeiture order, the person who is for the time being in charge of the file or files that relate to the criminal proceeding for the qualifying instrument forfeiture offence to which the restraining order or instrument forfeiture order relates; and b: includes— i: any other employee of the person or agency by whom the prosecutor is employed who has responsibilities for any matter directly connected with the proceedings; and ii: any counsel representing the person who commenced the proceedings iii: in the case of a private prosecution, the person who commenced the proceedings qualifying instrument forfeiture offence a: means an offence punishable by a maximum term of imprisonment of 5 years or more; and b: includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more relevant period of criminal activity a: the date of the application for the relevant restraining order, if the application for the profit forfeiture order relates, wholly or in part, to restrained property; or b: the date of the application for the profit forfeiture order, if the application for the profit forfeiture order does not relate to restrained property respondent a: in relation to an application for a restraining order or forfeiture order, the person identified in that application as the respondent (if any); and b: in relation to a restraining order or forfeiture order that has been made, the person in relation to whom that order is made (if any) restrained property restraining order section 24 25 26 significant criminal activity section 6 significant foreign criminal activity section 2(1) specific property tainted property a: means any property that has, wholly or in part, been— i: acquired as a result of significant criminal activity; or ii: directly or indirectly derived from significant criminal activity; and b: includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal activity unlawfully benefited from significant criminal activity section 7 2: A reference in this Act to benefits, proceeds, or property being derived by a person ( person A a: directly or indirectly by person A; and b: by another person at the request or direction of person A. Section 5(1) department amended 7 August 2020 section 135 Public Service Act 2020 Section 5(1) financial institution substituted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 5(1) instrument of crime replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 Section 5(1) lawyer replaced 25 February 2012 section 4 Criminal Proceeds (Recovery) Amendment Act 2012 Section 5(1) prosecutor amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(1) prosecutor amended 1 July 2013 section 413 Criminal Procedure Act 2011 6: Meaning of significant criminal activity 1: In this Act, unless the context otherwise requires, significant criminal activity a: that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or b: from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived. 2: A person is undertaking an activity of the kind described in subsection (1) whether or not— a: the person has been charged with or convicted of an offence in connection with the activity; or b: the person has been acquitted of an offence in connection with the activity; or c: the person’s conviction for an offence in connection with the activity has been quashed or set aside. 3: Any expenses or outgoings used in connection with an activity of the kind described in subsection (1) must be disregarded for the purposes of calculating the value of any property, proceeds, or benefits under subsection (1)(b). 7: Meaning of unlawfully benefited from significant criminal activity In this Act, unless the context otherwise requires, a person has unlawfully benefited from significant criminal activity Savings, transitional, and related provisions Heading inserted 1 April 2023 section 7 Criminal Proceeds (Recovery) Amendment Act 2023 7A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Section 7A inserted 1 April 2023 section 7 Criminal Proceeds (Recovery) Amendment Act 2023 Application 8: This Act to bind the Crown This Act binds the Crown. 9: Application This Act applies in respect of— a: qualifying instrument forfeiture offences or, if applicable, foreign qualifying forfeiture offences committed, or believed to have been committed, before, on, or after the commencement of this section; and b: significant criminal activity or, if applicable, significant foreign criminal activity engaged in, or believed to have been engaged in, before, on, or after the commencement of this section. 2: Criminal proceeds and instruments forfeiture regime 1: General provisions 10: Nature of proceedings 1: Proceedings relating to any of the following are civil proceedings: a: a restraining order: b: an order excluding an interest from restrained property: c: an assets forfeiture order: d: a profit forfeiture order: e: an order for relief from a civil forfeiture order: f: an appeal from a civil forfeiture order: g: an interim foreign restraining order: h: registering a foreign restraining order in New Zealand: i: registering a foreign forfeiture order in New Zealand: j: an order for relief from a foreign restraining order or foreign forfeiture order registered in New Zealand. 2: Proceedings relating to instrument forfeiture orders are proceedings under the Sentencing Act 2002 subpart 4 Criminal Assets Recovery Act 1990 s 5 (NSW) Section 10(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 11: Restraint not necessary before forfeiture Property may, but need not, be restrained property or foreign restrained property before it becomes forfeited property or the subject of a foreign forfeiture order registered in New Zealand. 12: Conversion of restrained property and foreign restrained property 1: Restrained property converted into another form ( converted property 2: Foreign restrained property converted into another form ( converted property 13: No identifiable owner required for certain proceedings relating to specific property 1: In proceedings for a restraining order or an assets forfeiture order relating to specific property, an owner of that specific property need not be identified. 2: Subsection (1) does not apply to proceedings to register a foreign restraining order. 14: Differing grounds for restraining and later forfeiting property If proceedings for a forfeiture order or to register a foreign forfeiture order in New Zealand involve restrained property or property that was the subject of a foreign restraining order registered in New Zealand, the forfeiture order or the registration of a foreign forfeiture order may be sought on grounds that differ from those on which the restraining order was made or the foreign restraining order was registered. 15: No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order The significant criminal activity or significant foreign criminal activity on which a civil forfeiture order or registration of a foreign forfeiture order in New Zealand is based does not need to be, or to have been, the subject of any criminal proceedings in New Zealand or a foreign country. 16: Quashing criminal proceedings does not impact on civil forfeiture 1: Subsection (2) applies if criminal proceedings are commenced or pending or have been withdrawn or determined in respect of any significant criminal activity that is the basis for— a: an assets forfeiture order or a profit forfeiture order; or b: an application for an order of that kind. 2: If this subsection applies, the order or application is not affected by the criminal proceedings, even if any conviction entered in those proceedings is or has been quashed or set aside. 17: Multiple forfeiture orders and foreign forfeiture orders 1: Nothing in this Act restricts a court from making 1 or more of the following types of orders in relation to the same instance of significant criminal activity: a: assets forfeiture orders: b: instrument forfeiture orders: c: profit forfeiture orders. 2: Subsection (1) is subject to section 54(1)(b) 3: Nothing in this Act restricts a court from registering 1 or more foreign forfeiture orders in New Zealand in relation to the same instance of significant foreign criminal activity. 2: Restraining orders Applying for restraining order 18: Applying for restraining order The following persons may apply for a restraining order: a: the Commissioner may apply for a restraining order of the kind described in section 24 25 b: a prosecutor may apply for a restraining order of the kind described in section 26 1991 No 120 s 39(1) 19: Application for restraining order to identify proposed restrained property, respondent (if any), and interest holders An application for a restraining order must identify the following: a: the proposed restrained property; and b: the respondent (if any); and c: any other persons who, to the knowledge of the applicant, have an interest in the proposed restrained property. 20: Court to which application for restraining order made An application for a restraining order must be made to,— a: in the case of an application made under section 24 25 b: in the case of an application made under section 26 i: the High Court, if the offence with which the instrument of crime is associated is for a category 4 offence, or if an order has been made under section 68 70 ii: the District Court, if subparagraph (i) does not apply. 1991 No 120 s 39(1) Section 20(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Applications for restraining order made on and without notice 21: Application for restraining order on notice 1: An applicant for a restraining order must,— a: so far as is practicable, serve a copy of the application on any person who, to the knowledge of the applicant, has an interest in the proposed restrained property (including, if applicable, the respondent); and b: serve a copy of the application on the Official Assignee. 2: The court hearing an application for a restraining order may, at any time before the application is finally determined, direct the applicant to serve a copy of the application on a specified person or class of persons, in the manner and within the time that the court thinks fit. 1991 No 120 s 40(a), (b) 22: Application for restraining order without notice 1: A court that receives an application for a restraining order may, on the request of the applicant, consider the application without notice being given to any or all of the persons mentioned in section 21(1)(a) 2: If an application is made for a restraining order without notice, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with speedily. 3: Any provisions of this subpart that relate to restraining orders applied for on notice apply, with any necessary modifications, to restraining orders applied for without notice. 1991 No 120 s 41(1), (6) Being heard at hearing for restraining order 23: Who may be heard at hearing for restraining order 1: The following persons are entitled to appear and to adduce evidence at the hearing of an application for a restraining order: a: the applicant: b: any person who holds an interest in the proposed restrained property (including, if applicable, the respondent): c: the Official Assignee. 2: Subsection (1) is subject to section 22 1991 No 120 s 40(c) Making restraining orders 24: Making restraining order relating to specific property 1: A court hearing an application for a restraining order relating to specific property may, if the court is satisfied it has reasonable grounds to believe that any property is tainted property, make an order that the property ( restrained property a: is not to be disposed of, or dealt with, other than is provided for in the restraining order; and b: is to be under the Official Assignee’s custody and control. 2: A restraining order may be made under subsection (1) whether or not there is a respondent in relation to whom the restraining order relates. 25: Making restraining order relating to all or part of respondent’s property 1: A court hearing an application for a restraining order relating to all or part of a respondent’s property may, if the court is satisfied it has reasonable grounds to believe that the respondent has unlawfully benefited from significant criminal activity, make an order that the property it specifies in the order ( restrained property a: is not to be disposed of, or dealt with, other than is provided for in the restraining order; and b: is to be under the Official Assignee’s custody and control. 2: A restraining order made under subsection (1) may relate to any of the following: a: all of a respondent’s property (including property acquired after the making of the order): b: specified parts of a respondent’s property: c: all of a respondent’s property (including property acquired after the making of the order) other than specifically excluded property. 1991 No 120 ss 39(2)(b), (c) 42(1) 26: Making restraining order relating to instrument of crime 1: A court hearing an application for a restraining order relating to an instrument of crime may, if either of the circumstances in paragraph (a) or (b) of subsection (2) exist, make an order that the property it specifies in the order ( restrained property a: is not to be disposed of, or dealt with, other than is provided for in the restraining order; and b: is to be under the Official Assignee’s custody and control. 2: The circumstances are— a: that— i: the respondent has been charged with a qualifying instrument forfeiture offence; and ii: the court is satisfied it has reasonable grounds to believe that the property referred to in the application is an instrument of crime used to facilitate that qualifying instrument forfeiture offence; or b: that the court is satisfied it has reasonable grounds to believe— i: that the respondent will be charged with a qualifying instrument forfeiture offence within 48 hours; and ii: that the property referred to in the application is an instrument of crime used to facilitate that qualifying instrument forfeiture offence. 1991 No 120 s 42(1) Registration of restraining orders 27: Registration of restraining orders on registers 1: Subsection (2) applies if a restraining order is made against property of a kind that is covered by a New Zealand enactment that enables the registration of— a: title to that property; or b: charges over that property. 2: If this subsection applies, any authority responsible for administering an enactment of the kind referred to in subsection (1) must, if requested to do so by the applicant for the restraining order, record on the register the particulars of the restraining order. 3: If the particulars are so recorded on the register, any person who subsequently deals with the property is deemed to have notice of the restraining order at the time of the dealing. 1991 No 120 s 57 Conditions on restraining order 28: Conditions on restraining order 1: A court may make a restraining order subject to any conditions the court thinks fit including, without limitation, conditions that provide for the following to be met out of a respondent’s restrained property: a: the reasonable living costs of the respondent and any of his or her dependants: b: the reasonable business expenses of the respondent: c: the payment of any specified debt incurred by the respondent in good faith: d: any other expenses allowed by the court. 2: Despite subsection (1)(d), a court may not allow any legal expenses to be met out of a respondent’s restrained property. 3: In determining whether or not to make a restraining order subject to a condition, the court must have regard to the ability of a respondent to meet the reasonable living costs, expenses, or debt concerned out of property that is not restrained property. 4: In this section a dependant a: a child of the respondent: b: a member of the household of the respondent. 1991 No 120 s 42(2), (3) Undertakings as to damages or costs in relation to restraining orders 29: Undertakings as to damages or costs in relation to restraining orders 1: A court may require an applicant for a restraining order, or an applicant for an extension of the duration of a restraining order under section 41 2: A court may decline to make a restraining order or extend the duration of a restraining order if the applicant for the order or extension fails to give the court the undertakings with respect to the payment of damages or costs, or both, that the court requires. 3: Any expense incurred by the Crown in satisfaction of an undertaking given on behalf of the Crown under subsection (1) may be incurred without further appropriation than this section. 1991 No 120 s 45 Excluding severable interest from restrained property 30: Excluding severable interest from restrained property 1: A person (other than the respondent) who has a severable interest in proposed restrained property or restrained property may apply to the court that is to consider, or has considered, the application for a restraining order to have that person’s severable interest excluded from— a: a restraining order that the court may make; or b: a restraining order the court has made. 2: The court must exclude a severable interest from proposed restrained property or restrained property at, or after, the time a restraining order is made if the applicant proves on the balance of probabilities— a: that the applicant has an interest in the property to which the restraining order relates; and b: if the order was or is to be made under section 24 25 c: if the order was or is to be made under section 26 3: The court may exclude a severable interest from proposed restrained property or restrained property at, or after, the time a restraining order is made if it considers that it is in the public interest to do so, having regard to all the circumstances, including, without limitation,— a: any undue hardship that is reasonably likely to be caused to any person by the severable interest in property being made or having been made restrained property: b: the gravity of the significant criminal activity or qualifying instrument forfeiture offence with which the property in which the person has a severable interest is associated: c: the likelihood that the interest will become subject to a forfeiture order. 1991 No 120 s 48 31: Excluding severable interest from restrained property when applicant mortgagee 1: Subsection (2) applies if— a: an applicant to exclude a severable interest from proposed restrained property or restrained property under section 30(1) b: as a result of the mortgagee’s application, a court excludes the mortgagee’s interest; and c: the property that is the subject of the mortgage is sold in order to exclude the mortgagee’s interest from the restrained property. 2: If this subsection applies, any proceeds resulting from the sale of the property that are payable to the mortgagor are, if the restraining order is made, restrained property, despite the proceeds from the sale not being property that the court originally restrained. 1991 No 120 s 48 Disposition or dealings set aside from restrained property 32: Certain disposition or dealing set aside from restrained property 1: A successful applicant for a restraining order may apply to the court that made the restraining order for an order that a disposition or dealing be set aside on the ground that restrained property was disposed of, or otherwise dealt with, in contravention of the restraining order. 2: On an application under subsection (1), the court may— a: set the disposition or dealing aside— i: as from the day on which the disposition or dealing took place; or ii: as from the day of the order; and b: declare the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order. 1991 No 120 s 59 Further orders associated with restraining orders 33: Applying for further orders 1: An application for a further order may be made by— a: the applicant for the restraining order with which the further order is associated; or b: a person with an interest in the restrained property or proposed restrained property with which the further order is associated; or c: the Official Assignee; or d: with the leave of the court, any other person. 2: The applicant for the further order must serve a copy of the application on— a: every person, or every other person (if the applicant is a party), who is a party to the proceeding in which— i: the making of the associated restraining order is to be considered; or ii: the associated restraining order was made; and b: the Official Assignee. 3: The following persons are entitled to appear and to adduce evidence at the hearing of an application for a further order: a: the applicant: b: a person with an interest in the restrained property or proposed restrained property with which the further order is associated: c: the Official Assignee: d: with the leave of the court, any other person. 1991 No 120 s 47(3) Section 33(2) replaced 25 February 2012 section 5 Criminal Proceeds (Recovery) Amendment Act 2012 34: Making further orders 1: On an application under section 33(1) section 35 2: A further order may be made— a: at the time the associated restraining order is made; or b: at any later time before the expiry of the associated restraining order. 1991 No 120 s 47(1) 35: Types of further order Without limiting the generality of section 34(1) section 33(1) a: an order varying the restrained property to which a restraining order relates: b: an order varying any condition to which a restraining order is subject: c: an order for any person (including, without limitation, the respondent) to be examined by the court or the registrar of the court concerning the nature and location of any restrained property: d: an order relating to the carrying out of any undertaking given under section 29 e: an order relating to the Official Assignee that— i: regulates the manner in which the Official Assignee may exercise his or her powers or perform his or her duties under a restraining order: ii: determines any question relating to the restrained property (including any question relating to the liabilities of any person holding an interest in the restrained property), or the exercise of the powers, or the performance of the duties, of the Official Assignee: iii: requires the examination, before the Official Assignee, of any person holding an interest in the restrained property or any other person, concerning the nature and location of the restrained property: iv: directs any person holding an interest in the restrained property to furnish the Official Assignee, within the time specified in the order, with a statement on oath setting out any particulars of that interest or that property that the court thinks fit: v: directs the Official Assignee to sell restrained property (including, without limitation, a business) in order to preserve the value of the restrained property: vi: directs the Official Assignee to make mortgage payments or payments in respect of any other encumbrance from the restrained property. 1991 No 120 s 47(2) 36: Impact of certain further orders 1: A person to whom an order made under section 35(c) or (e)(iii) or (iv) 2: An examination by the Official Assignee under an order made under section 35(e)(iii) section 108 3: A person required to be examined under an order made under section 35(c) or (e)(iii) 4: The proceeds of a sale resulting from an order made under section 35(e)(v) 1991 No 120 s 47(5), (6) Duration of restraining orders and further orders 37: Duration of restraining orders and further orders 1: A restraining order expires on the earlier of the following: a: the date that is the end of the period that is 1 year after the date on which the restraining order is made: b: the date of the making or declining of a forfeiture order associated with the same property. 2: Despite subsection (1),— a: if a court declines to make a forfeiture order, but the applicant indicates that the applicant will appeal that decision, a restraining order expires on the date specified in section 38 b: if a restraining order is applied for without notice, it expires on the date specified in section 39 c: if a restraining order relates to an instrument of crime and the circumstances in section 40 d: if the duration of a restraining order is extended by a court, the restraining order expires on the date specified by the court under section 41 e: if a restraining order relates to property in which no person has claimed an interest, the restraining order expires on the date that the relevant application for a forfeiture order is determined, which must not be determined earlier than 1 year after the making of the restraining order. 3: On the expiry of a restraining order, any further order associated with that restraining order also expires. 1991 No 120 s 65(1) 38: Duration of restraining order when application for forfeiture order declined A restraining order that is in force at the time that a court declines to make a forfeiture order that is associated with the same property does not expire, if section 37(2)(a) a: the date that is the end of a period of 7 working days from the date of that decision, if an appeal has not been lodged in the court by that date; or b: if an appeal has been lodged in the court by that date, on the date of the withdrawal or determination of that appeal, or, if a further appeal is lodged, on the date of the withdrawal or determination of that further appeal. 39: Duration of restraining order when application without notice 1: A restraining order made as a result of an application made without notice under section 22 restraining order A 2: However, if, before restraining order A expires, an application is made with notice for a restraining order on notice ( restraining order B 3: An applicant for restraining order B must prosecute the application with all due diligence, and if the applicant does not do so, the court may, on the application of any party to the proceedings, order that the proceedings be struck out. 4: If an application is made for restraining order B, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with speedily. 1991 No 120 s 41(2)–(5) 40: Duration of restraining order relating to instrument of crime in certain circumstances 1: A restraining order that relates to an instrument of crime made under section 26(2)(b) 48-hour period 2: Subsection (3) applies if— a: a restraining order is made in reliance on— i: a person’s conviction for a qualifying instrument forfeiture offence under section 26(2)(a) ii: the proposed charging of a person with a qualifying instrument forfeiture offence under section 26(2)(b) b: either of the following occurs: i: the charge is withdrawn and the person is not charged with a related qualifying instrument forfeiture offence by the time the charge is withdrawn: ii: the person is acquitted of the charge or the conviction is quashed and the person has not been charged with a related qualifying instrument forfeiture offence by the time of the acquittal or quashing. 3: If this subsection applies, the restraining order expires on the date when— a: the charge is withdrawn; or b: the acquittal or quashing occurs. 1991 No 120 s 65 41: Extending duration of restraining order 1: If a court has made a restraining order, the applicant for that order may, before the restraining order expires, apply to that court to extend its duration. 2: If an application is made under subsection (1), the court may order that the operation of the restraining order be extended for a period not exceeding 1 year. 3: The duration of a restraining order may be extended more than once under this section. 4: If, before a restraining order would otherwise expire under section 37(1) 1991 No 120 s 66(1), (2) 42: Additional matters relating to extending duration of restraining order 1: On making any order under section 41(2) 2: An applicant for an order under section 41(1) 1991 No 120 s 66(3), (4) 3: Civil forfeiture orders Applications for civil forfeiture orders 43: Who may apply The Commissioner may apply for a civil forfeiture order. 1991 No 120 s 8(1) 44: Application to High Court An application for a civil forfeiture order must be made to the High Court. 1991 No 120 s 8(2) Notice and entitlement to be heard in relation to civil forfeiture orders 45: Application for civil forfeiture order on notice 1: The Commissioner must serve a copy of an application for a civil forfeiture order, so far as is practicable to do so, on every person who, to the knowledge of the Commissioner, has an interest in the property to which the application relates (including, if applicable, the respondent). 2: The Commissioner must also serve a copy of the application on the Official Assignee. 3: On an application for a civil forfeiture order, the High Court may, at any time before the application is finally determined, direct the Commissioner to serve notice of the application on a specified person or class of persons, in the manner and within the time the Court thinks fit. 1991 No 120 s 10(1) 46: Who may be heard at hearing for civil forfeiture order The following persons are entitled to appear and to adduce evidence at the hearing of an application for a civil forfeiture order: a: the applicant; and b: any person on whom the application is served (including, if applicable, the respondent); and c: any other person who claims an interest in the property to which the application relates. 1991 No 120 s 10(2) Matters relating to application for civil forfeiture order 47: Amending application for civil forfeiture order 1: The High Court may amend an application for a civil forfeiture order— a: on the Court’s own initiative; or b: at the request of the Commissioner. 2: However, the Court must not amend an application for a civil forfeiture order to include additional property, proceeds, or benefits unless the Court is satisfied that— a: the additional property, proceeds, or benefits were not reasonably able to be identified when the application for the civil forfeiture order was made; or b: the evidence necessary to support the application in relation to the additional property, proceeds, or benefits only became available after the application for the civil forfeiture order was made. 3: If the Court amends an application under this section, the Court must direct the Commissioner to serve notice of the amendment on— a: every person referred to in section 46 b: any person who the Commissioner has reason to believe may have an interest in any additional property included in the application by the amendment. 1991 No 120 s 12 48: Notice of application for civil forfeiture order may be recorded on registers 1: Subsection (2) applies if an application is made for a civil forfeiture order against property of a kind that is covered by a New Zealand enactment that enables the registration of— a: title to that property; or b: charges over that property. 2: If this subsection applies, the High Court hearing the application may, at any time before finally determining it, order any authority responsible for administering an enactment of the kind referred to in subsection (1) (an Authority 3: The Court must order an Authority to cancel an entry made on a register under subsection (2) if— a: the application to which the entry relates is finally determined and the specified period (as described in section 82(2) section 83(2) b: proceedings for the application to which the entry relates are discontinued for any reason (including, without limitation, because the application is withdrawn); or c: the application to which the entry relates is amended so as to exclude the property in respect of which the entry is made. 1991 No 120 s 11 Application for assets forfeiture order 49: Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known) The Commissioner must specify the following in an application for an assets forfeiture order: a: the property that the Commissioner alleges is tainted property; and b: the grounds for the Commissioner's belief that the property is tainted property; and c: the respondent (if any); and d: any other persons who, to the knowledge of the Commissioner, have an interest in the property to which the application relates. 1991 No 120 s 9 Making assets forfeiture order 50: Making assets forfeiture order 1: If, on an application for an assets forfeiture order, the High Court is satisfied on the balance of probabilities that specific property is tainted property, the Court must make an assets forfeiture order in respect of that specific property. 2: Subsection (1) is subject to section 51 3: The Court must specify in an assets forfeiture order the property to which the order applies and that the property— a: vests in the Crown absolutely; and b: is in the custody and control of the Official Assignee. 4: Despite subsection (1), the Court may not make an assets forfeiture order in relation to property that no person has claimed an interest in, unless the Court is satisfied, on the balance of probabilities, of the following additional matters: a: that a restraining order was earlier made in relation to the same property; and b: that the restraining order has been in place for a period of at least 1 year; and c: that the Commissioner has contacted or made all reasonable efforts to contact any person the Commissioner believes may have an interest in the property. 5: If any property that is land is vested in the Crown absolutely as a consequence of an assets forfeiture order made under subsection (3), an interest recorded on the title to the land that is not affected by the assets forfeiture order is not extinguished. 1991 No 120 ss 15(1) 16(1) 51: Exclusion of respondent’s property from assets forfeiture order because of undue hardship 1: The High Court may, on an application made by the respondent before an assets forfeiture order is made, exclude certain property from an assets forfeiture order if it considers that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the respondent if the property is included in the assets forfeiture order. 2: The circumstances the Court may have regard to under subsection (1) include, without limitation,— a: the use that is ordinarily made, or was intended to be made, of the property that is, or is proposed to be, the subject of the assets forfeiture order; and b: the nature and extent of the respondent’s interest in the property; and c: the circumstances of the significant criminal activity to which the order relates. Application for profit forfeiture order 52: Contents of application for profit forfeiture order An application for a profit forfeiture order must— a: name the respondent; and b: describe the significant criminal activity within the relevant period of criminal activity from which the respondent is alleged to have unlawfully benefited; and c: state the value of that benefit; and d: identify the property in which the respondent holds interests and the nature of those interests. 1991 No 120 s 9 Making profit forfeiture order 53: Value of benefit presumed to be value in application 1: If the Commissioner proves, on the balance of probabilities, that the respondent has, in the relevant period of criminal activity, unlawfully benefited from significant criminal activity, the value of that benefit is presumed to be the value stated in— a: the application under section 52(c) b: if the case requires, the amended application. 2: The presumption stated in subsection (1) may be rebutted by the respondent on the balance of probabilities. 54: High Court must determine maximum recoverable amount 1: Before the High Court makes a profit forfeiture order, the Court must determine the maximum recoverable amount by— a: taking the value of the benefit determined in accordance with section 53 b: deducting from that the value of any property forfeited to the Crown as a result of an assets forfeiture order made in relation to the same significant criminal activity to which the profit forfeiture order relates. 2: In determining the value of any property under subsection (1)(b), the Court may, at its own discretion or at the request of either party to the proceedings, seek an independent valuation as to the value of the property. 3: If an assets forfeiture order relating to a determination under this section is discharged on appeal, the Court may, on application by the Commissioner, vary the maximum recoverable amount in the profit forfeiture order to reflect that there is no longer a deduction to be made on account of the assets forfeiture order. 55: Making profit forfeiture order 1: The High Court must make a profit forfeiture order if it is satisfied on the balance of probabilities that— a: the respondent has unlawfully benefited from significant criminal activity within the relevant period of criminal activity; and b: the respondent has interests in property. 2: The order must specify— a: the value of the benefit determined in accordance with section 53 b: the maximum recoverable amount determined in accordance with section 54 c: the property that is to be disposed of in accordance with section 83(1) 3: Subsections (1) and (2) are subject to section 56 4: A profit forfeiture order is enforceable as an order made as a result of civil proceedings instituted by the Crown against the person to recover a debt due to it, and the maximum recoverable amount is recoverable from the respondent by the Official Assignee on behalf of the Crown as a debt due to the Crown. 56: Exclusion of respondent’s property from profit forfeiture order because of undue hardship 1: The High Court may, on an application made by the respondent before a profit forfeiture order is made, exclude certain property from being able to be realised under section 55(2)(c) 2: The circumstances the Court may have regard to under subsection (1) include, without limitation,— a: the use that is ordinarily made, or was intended to be made, of the property that is, or is proposed to be, the subject of the profit forfeiture order; and b: the nature and extent of the respondent’s interest in the property; and c: the circumstances of the significant criminal activity to which the profit forfeiture order relates. 3: After a profit forfeiture order is made, nothing in this section prohibits a respondent from realising the property that was excluded from being able to be realised under section 55(2)(c) a: after realising other property under that section there is still a debt owed to the Crown under section 55(4) b: the respondent agrees to realise the excluded property in order to pay all or part of that debt. 57: Profit forfeiture order if respondent has absconded 1: The High Court may make a profit forfeiture order even if the respondent has absconded. 2: In subsection (1), a respondent has absconded if the respondent— a: is unable to be found; or b: by reason of being outside New Zealand, is not amenable to justice. 58: Court may treat effective control over property as interest in property 1: If the High Court is satisfied that a respondent has effective control over property, the Court may, on an application made by the Commissioner, order that the property is to be treated as though the respondent had an interest in the property specified by the Court. 2: An order under subsection (1) may— a: be made even if the respondent has no interest in the property; and b: specify an interest that differs from the interest that the respondent has in the property. 3: Without limiting the generality of subsections (1) and (2), the Court may have regard to— a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in the property; and b: any trust that has a relationship to the property; and c: family, domestic, and business relationships between persons having an interest in the property or in companies of the kind referred to in paragraph (a) or in trusts of the kind referred to in paragraph (b), and any other persons. 4: Property that is subject to an order under subsection (1) may be included in any profit forfeiture order and in any restraining order that is made against the respondent. 5: If the Commissioner applies for an order under subsection (1),— a: the Commissioner must, so far as it is practicable to do so, serve notice of the application on the respondent and on any person who, to the knowledge of the Commissioner, has an interest in the property; and b: the respondent and any other person who claims an interest in the property are entitled to appear and to adduce evidence at the hearing of the application. 1991 No 120 s 29 Matters associated with making civil forfeiture order 59: Additional matters in respect of making civil forfeiture order 1: In making a civil forfeiture order, the High Court may do either or both of the following: a: declare the nature, extent, and value of any person’s interest in property specified in the civil forfeiture order: b: give any directions that may be necessary and convenient for giving effect to the civil forfeiture order. 2: Without limiting the generality of subsection (1)(b), if a Court makes a civil forfeiture order against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the Court may direct an officer of the Court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document. 3: Part 4 2012 subpart 6 section 101 1991 No 120 s 15(3)–(7) Section 59(3) amended 1 October 2012 section 214(1) Search and Surveillance Act 2012 60: Civil forfeiture order relating to land 1: Nothing in section 50 or 55 section 89 2: If the High Court makes a civil forfeiture order in respect of an estate or interest in land, the order must be transmitted by the Registrar of the Court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 2017 Deeds Registration Act 1908 1991 No 120 s 16(2), (3) Section 60(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 60(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Relief from civil forfeiture order for persons other than respondent 61: Person (other than respondent) may apply for relief before civil forfeiture order made or declined At any time after an application for a civil forfeiture order has been made and before the civil forfeiture order is made or declined, a person (other than the respondent) who claims an interest in the property sought to be forfeited under a civil forfeiture order may apply for an order for relief. 62: Person (other than respondent) may apply for relief for limited period after civil forfeiture order made 1: Subsection (2) applies at any time after a civil forfeiture order is made and before— a: the date that is 6 months from the date on which the civil forfeiture order was made; or b: the date that is the expiry of any further time allowed by the High Court. 2: A person (other than the respondent) who claims an interest in the property to which the civil forfeiture order relates may apply for an order for relief. 3: However, if the applicant who seeks relief appeared at the hearing of the application or amended application for the civil forfeiture order or was served with that application, the Court may not grant relief in the absence of special reasons. 4: Special reasons under subsection (3) include, without limitation, that the Court is satisfied— a: that the applicant had a good reason for failing to attend the hearing of the application for the civil forfeiture order; or b: that evidence proposed to be adduced by the applicant in connection with the application under subsection (2) was not reasonably available to the applicant at the time of the hearing of the application for the civil forfeiture order. 1991 No 120 s 17(1), (2), (4)–(6) 63: Application for relief from civil forfeiture order to identify nature and reasons for relief sought An application for an order for relief from a civil forfeiture order made under section 61 or 62 a: the property and the interest in that property in respect of which the person seeks relief; and b: the reasons why the applicant should be given relief in relation to that interest. 64: Application for relief from civil forfeiture on notice An applicant for an order for relief from a civil forfeiture order made under section 61 or 62 a: the Commissioner: b: the Official Assignee: c: any other person (including any former interest holder) who claims an interest in the property sought to be affected by the order for relief. 65: Appearing at hearing for relief from civil forfeiture order The following persons are entitled to appear and to adduce evidence at the hearing of an application for an order for relief from a civil forfeiture order made under section 61 or 62 a: the applicant: b: the Commissioner: c: the Official Assignee: d: any other person (including any former interest holder) who claims an interest in the property sought to be affected by the order for relief. 66: Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity 1: On receipt of an application for an order for relief from a civil forfeiture order under section 61 or 62 a: has an interest, or would but for any civil forfeiture order have an interest, in the property to which the application relates; and b: has not unlawfully benefited from the significant criminal activity to which the application relates. 2: The High Court may make an order for relief under this section at or after the time the associated civil forfeiture order is made. 67: Making order for relief from civil forfeiture order on grounds of undue hardship 1: On an application for an order for relief from a civil forfeiture order under section 61 or 62 2: The circumstances the Court may have regard to under subsection (1) include, without limitation,— a: the use that is ordinarily made, or was intended to be made, of the property that is, or is proposed to be, the subject of the civil forfeiture order; and b: the nature and extent of any person’s interest in the property; and c: the degree, if any, to which the person had knowledge of the significant criminal activity to which the property relates; and d: the circumstances of the significant criminal activity to which the property or order relates. 68: Matters associated with relief from civil forfeiture order when interest severable If the High Court grants relief from a civil forfeiture order under section 66 or 67 a: in the case of an application made under section 61 b: in the case of an application made under section 62 69: Matters associated with relief from civil forfeiture order when interest not severable A High Court that grants relief from a civil forfeiture order under section 66 or 67 4: Instrument forfeiture orders Effect of instrument forfeiture order 70: Effect of instrument forfeiture order 1: An instrument forfeiture order made under section 142N a: vests in the Crown absolutely; and b: is in the custody and control of the Official Assignee. 2: If any property that is land is vested in the Crown absolutely as a consequence of an instrument forfeiture order made under subsection (1), an interest recorded on the title to the land that is not affected by the instrument forfeiture order is not extinguished. 1991 No 120 s 16(1), (3) 71: Additional matters in respect of making instrument forfeiture order 1: In making an instrument forfeiture order, the court may do all or any of the following: a: declare the nature, extent, and value of any person’s interest in property specified in the order: b: give any directions that may be necessary and convenient for giving effect to the instrument forfeiture order. 2: Without limiting the generality of subsection (1)(b), if a court makes an instrument forfeiture order against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the court may direct an officer of the court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document. 3: Part 4 2012 subpart 6 section 101 1991 No 120 s 15(3)–(7) Section 71(3) amended 1 October 2012 section 214(2) Search and Surveillance Act 2012 72: Instrument forfeiture order relating to land 1: Nothing in section 70 section 89 2: If a court makes an instrument forfeiture order in respect of an estate or interest in land, the order must be transmitted by the registrar of the court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 2017 Deeds Registration Act 1908 1991 No 120 s 16(2), (3) Section 72(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 72(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Disposal of forfeited property under instrument forfeiture order in certain circumstances 73: Time restraints on disposal of property forfeited under instrument forfeiture order 1: Unless a court that makes an instrument forfeiture order grants leave, property forfeited to the Crown under the instrument forfeiture order must not be disposed of, or otherwise dealt with, by or on behalf of the Crown by the Official Assignee under section 85 2: On the expiry of the relevant appeal period, if the instrument forfeiture order has not been discharged under section 74 section 85 3: The expiry of the relevant appeal period is— a: on the date when the time for taking appeals against the order expires and no appeals have been filed; or b: on the date when all appeals in respect of the order have been withdrawn or finally determined. 1991 No 120 s 16(4), (5) 74: Discharge of instrument forfeiture order on appeal or quashing of conviction 1: If a court makes an instrument forfeiture order as part of the sentence or orders imposed on a person convicted of a qualifying instrument forfeiture offence, and the conviction is subsequently quashed, the quashing of the conviction discharges the instrument forfeiture order. 2: If an instrument forfeiture order is discharged as provided in subsection (1) or by a court hearing an appeal against the making of the order, the prosecutor must— a: as soon as practicable after the discharge of the instrument forfeiture order, serve notice of the discharge on— i: any person the prosecutor has reason to believe may be a former interest holder; and ii: the Commissioner; and b: if required to do so by a court, serve notice of the discharge of the instrument forfeiture order on any specified person or class of persons, in any manner and within any period directed by the court. 3: If an instrument forfeiture order is discharged in either of the ways referred to in subsection (2), the Official Assignee must,— a: if any interest in the property is still vested in the Crown, arrange for the interest to be transferred to the former interest holder (if known); or b: in any other case, and subject to section 76 1991 No 120 s 19 75: Official Assignee may apply for directions regarding discharge of instrument forfeiture order under section 74 1: In any case where there is any question as to how to exercise his or her powers under section 74(3) 2: If an application is made under subsection (1),— a: the Official Assignee must serve notice of the application on every person that the Official Assignee has reason to believe may have an interest in the application: b: the court may, at any time before the final determination of the application, direct the Official Assignee to serve notice of the application on a specified person or class of persons, in any manner and within any time that the court thinks fit: c: every person who claims an interest in the application is entitled to appear and to adduce evidence at the hearing of the application. 1991 No 120 s 20 76: Double benefit not permitted If, on any application for relief made under section 142J section 142L(2)(b)(ii) 142M(2)(a) section 74(3)(b) 1991 No 120 s 21 Applications for relief relating to instrument forfeiture order 77: Applications for relief from instrument forfeiture order 1: A person (other than a person referred to in subsection (2)) may make an application for relief from an instrument forfeiture order under section 142J a: if the person claims an interest in property described in a notice issued under section 142B b: on the ground that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the person making the application or another person (other than a person referred to in subsection (2)) by the operation of an instrument forfeiture order. 2: A person who has been convicted of the qualifying instrument forfeiture offence to which a notice issued under section 142B section 142J Third party appeals from instrument forfeiture order 78: Third party appeals from instrument forfeiture order 1: If a court makes an instrument forfeiture order under section 142N section 142B 2: For the purposes of subsection (1),— a: subpart 6 b: c: the court with jurisdiction to consider the appeal must determine— i: in the case where an application for relief was made and determined under sections 142J to 142M ii: in the case where no application for relief was made before sentence was imposed, whether— A: there is any good reason why the appellant failed to make an application for relief before the instrument forfeiture order was made; and B: if so, whether relief ought to be granted, having regard to the requirements set out in section 142L 142M d: any notice or other document required to be given to either the prosecutor or the offender (whether under any provisions referred to in paragraph (a) or otherwise) must be given to both those persons. 3: Any appeal by an offender against sentence does not affect the right of any other person who claims to have an interest in the property that is the subject of the appeal to bring an appeal under this section. Section 78(2)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 78(2)(b) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 79: Power of appeal court to vary offender’s sentence If an appeal by any person against the making of an instrument forfeiture order is successful, the court that allows the appeal may exercise the same powers in respect of any sentence or order imposed on the offender as it would be able to exercise on an appeal against sentence brought by the prosecutor or the offender. 5: Official Assignee Preserving value of certain property 80: Preserving value of certain property 1: The Official Assignee may do anything reasonably necessary to preserve the value of— a: restrained property in his or her custody and control under a restraining order; and b: foreign restrained property in his or her custody and control under a foreign restraining order registered in New Zealand; and c: property in his or her custody and control under section 111 2: Without limiting the generality of subsection (1), the Official Assignee may do any of the following: a: take, or become a party to, any civil proceedings affecting the property: b: ensure that the property is insured: c: if the property consists, wholly or in part, of securities or investments, realise or otherwise deal with the securities or investments: d: if the property consists, wholly or in part, of a business, do anything that is necessary or convenient for carrying on that business. 1991 No 120 s 50 No liability for certain payments 81: Official Assignee not liable for certain payments on certain property 1: The Official Assignee is not personally liable for the payment of any rates, land tax, or other statutory charge imposed by or under any enactment in respect of restrained property or foreign restrained property in his or her custody and control under a restraining order or foreign restraining order registered in New Zealand, or in respect of any other property in his or her custody and control under section 111 a: the rates, land tax, or statutory charge fall due on or after the date of the making of the restraining order or registering of the foreign restraining order or the date on which the property was seized, as the case may be; and b: only to the extent of any rents and profits received by the Official Assignee in respect of the property on or after that date. 2: The Official Assignee may not make mortgage payments in relation to restrained property or foreign restrained property unless directed by the court that made the restraining order or registered the foreign restraining order to do so out of the restrained property or foreign restrained property. 1991 No 120 s 61 Discharge of assets forfeiture orders by Official Assignee 82: Discharge of assets forfeiture order by Official Assignee 1: If a court makes an assets forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the specified period (as described in subsection (2)), dispose of the property specified in the order and apply the money resulting from the disposal as follows: a: first, by paying the costs recoverable by the Official Assignee under section 87 b: secondly, by paying to the Legal Services Commissioner c: thirdly, by paying, in the order of priority set out in section 86E i: any amount of reparation (as defined in section 79 ii: any offender levy (as defined in section 79 iii: any other type of fine (as defined in section 79 d: fourthly, by paying any remaining money to the Crown. 2: The specified period expires— a: on the date that is 6 months after the time for bringing any appeal against the assets forfeiture order expires, if no appeal has been filed; or b: on the date that is 6 months after all appeals in respect of the assets forfeiture order have been withdrawn or finally determined, if an appeal or any appeals have been filed. 3: Despite subsections (1) and (2), if the period for bringing an appeal against the assets forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— a: may realise any asset that makes up the property that is the subject of the assets forfeiture order; but b: must, if he or she does so, hold the proceeds of realising those assets until the expiry of the specified period. 1991 No 120 s 54 Section 82(1)(b) amended 24 October 2019 section 34 Statutes Amendment Act 2019 Section 82(1)(c) replaced 1 August 2012 section 4 Criminal Proceeds (Recovery) Amendment Act 2011 Discharge of profit forfeiture order by Official Assignee 83: Discharge of profit forfeiture order by Official Assignee 1: If the High Court makes a profit forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the specified period (as described in subsection (2)), dispose of the property specified in the order and apply the money resulting from the disposal as follows: a: first, by paying the costs recoverable by the Official Assignee under section 87 b: secondly, by paying to the Legal Services Commissioner c: thirdly, by paying, in the order of priority set out in section 86E i: any amount of reparation (as defined in section 79 ii: any offender levy (as defined in section 79 iii: any other type of fine (as defined in section 79 d: fourthly, by paying to the Crown the following amount, less the sum of the payments made under paragraphs (a) to (c),— i: if the sum resulting from realising the property is equal to, or more than, the maximum recoverable amount specified by the Court under section 55 ii: if the sum resulting from realising the property is less than the maximum recoverable amount, the sum resulting from realising the property: e: fifthly, by paying any remaining money to the former interest holder. 2: The specified period expires— a: on the date that is 6 months after the time for bringing any appeal against the profit forfeiture order expires, if no appeal has been filed; or b: on the date that is 6 months after all appeals in respect of the profit forfeiture order have been withdrawn or finally determined, if an appeal or any appeals have been filed. 3: Despite subsections (1) and (2), if the period for bringing an appeal against the profit forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— a: may realise any asset that makes up the property that is the subject of the profit forfeiture order; but b: must, if he or she does so, hold the proceeds of realising those assets until the expiry of the specified period. 4: Subsection (1)(d)(ii) does not prevent the Official Assignee from recovering, by any lawful means, the balance of the maximum recoverable amount that remains due to the Crown, after the Crown is paid a sum less than the maximum recoverable amount under the provision. 5: This section is subject to section 84 section 173(d) 1991 No 120 s 51 Section 83(1)(b) amended 24 October 2019 section 35 Statutes Amendment Act 2019 Section 83(1)(c) replaced 1 August 2012 section 5 Criminal Proceeds (Recovery) Amendment Act 2011 84: Bankruptcy in relation to profit forfeiture order 1: If, after a profit forfeiture order is made, the Official Assignee is given notice in writing of the filing of a creditor’s application in respect of the person under section 13 a: selling or disposing of the property specified in the order: b: paying the amounts specified in section 83 2: If a person whose property is the subject of a profit forfeiture order becomes bankrupt, the property that is the subject of the profit forfeiture order, if it has not yet been disposed of, ceases to be in the custody and control of the Official Assignee and is deemed to be vested in the Assignee of the bankrupt’s property under section 101 3: A profit forfeiture order made against a person is provable in the bankruptcy of that person. 4: To avoid doubt, subsection (3) applies despite anything in section 232(2) 1991 No 120 s 60 Discharge of civil forfeiture order applying to interests in KiwiSaver scheme Heading inserted 1 April 2023 section 32 Criminal Proceeds (Recovery) Amendment Act 2023 84A: Discharge of civil forfeiture order applying to interests in KiwiSaver scheme 1: To the extent that the property specified in a civil forfeiture order is an interest held by a person as a member of a KiwiSaver scheme, the interest must be disposed of in accordance with this section. 2: At the time that the property is required to be disposed of under section 82 83 3: As soon as practicable after the Official Assignee notifies the manager, the manager must arrange for an amount up to the member’s accumulation to be released into the custody and control of the Official Assignee. 4: In this section,— KiwiSaver scheme section 4(1) manager section 6(1) member’s accumulation section 4(1) Section 84A inserted 1 April 2023 section 32 Criminal Proceeds (Recovery) Amendment Act 2023 Discharge of instrument forfeiture order by Official Assignee 85: Discharge of instrument forfeiture order by Official Assignee If a court makes an instrument forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the relevant appeal period (defined in section 73(3) a: first, by paying the costs recoverable by the Official Assignee under section 87 b: secondly, by paying to the Legal Services Commissioner c: thirdly, by paying, in the order of priority set out in section 86E i: any amount of reparation (as defined in section 79 ii: any offender levy (as defined in section 79 iii: any other type of fine (as defined in section 79 d: fourthly, by paying any remaining money to the Crown. Section 85(b) amended 24 October 2019 section 36 Statutes Amendment Act 2019 Section 85(c) replaced 1 August 2012 section 6 Criminal Proceeds (Recovery) Amendment Act 2011 Discharge of foreign forfeiture order registered in New Zealand by Official Assignee 86: Discharge by Official Assignee of foreign forfeiture order registered in New Zealand 1: If a foreign forfeiture order is registered in New Zealand, the Official Assignee must, as soon as practicable after the expiry of the specified period (described in subsection (2)), dispose of the property specified in the order by— a: paying the costs recoverable under section 87 b: paying the remaining money to the Attorney-General for disposal at his or her discretion. 2: The specified period expires— a: on the date that is 6 months after the time for bringing any appeal against the registration of the foreign forfeiture order expires, if no appeal has been filed; or b: on the date that is 6 months after all appeals in respect of the registration of the order have been withdrawn or finally determined, if an appeal or any appeals have been filed. 3: Despite subsections (1) and (2), if the period for bringing an appeal against the registration of a foreign forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee— a: may realise any asset that makes up the property that is the subject of the registered foreign forfeiture order; but b: must, if he or she does so, hold the proceeds of realising those assets until the expiry of the specified period. Costs recoverable by Official Assignee 87: Costs recoverable by Official Assignee 1: The Official Assignee is entitled to recover, in respect of the exercise or performance by the Official Assignee or any delegate of the Official Assignee of functions or powers under this Act in respect of property, costs as may be prescribed or provided for in regulations made under this Act, if the Official Assignee— a: takes custody and control of property under a restraining order, foreign restraining order registered in New Zealand, b: deals with or disposes of property under a forfeiture order, or foreign forfeiture order registered in New Zealand. 2: For the purposes of subsection (1), the costs that may be prescribed or provided for in regulations made under this Act include— a: costs, charges, and expenses properly incurred or payable by or on behalf of the Official Assignee in connection with the exercise or performance, by the Official Assignee or any delegate of the Official Assignee, of functions or powers under this Act in respect of the property: b: proper remuneration for work undertaken by any person (being the Official Assignee or any delegate of the Official Assignee or any other member of the staff of the Official Assignee) in connection with the exercise or performance, by the Official Assignee or any delegate of the Official Assignee, of functions or powers under this Act in respect of the property. 1991 No 120 s 63 Section 87(1)(a) amended 25 February 2012 section 6 Criminal Proceeds (Recovery) Amendment Act 2012 Delegation by Official Assignee 88: Delegation by Official Assignee 1: The Official Assignee may from time to time— a: delegate all or any of the functions and powers conferred or imposed on the Official Assignee by or under this Act to the following persons: i: the Deputy Official Assignee for New Zealand; or ii: an Official Assignee or Deputy Official Assignee appointed under the Public Service Act 2020 b: delegate all or any of the functions and powers conferred or imposed on the Official Assignee under subpart 7 2: A delegation under subsection (1)— a: must be in writing; and b: may not include the power to delegate under subsection (1) unless it is a delegation to the Deputy Official Assignee. 3: The power of the Official Assignee to delegate under subsection (1) does not limit any power of delegation conferred on the Official Assignee by any other Act. 1991 No 120 s 86(1)–(4) Section 88(1)(a)(ii) amended 7 August 2020 section 135 Public Service Act 2020 89: Acting under delegation from Official Assignee 1: A person to whom any functions or powers are delegated under section 88 2: Despite subsection (1), any delegated functions or powers must be exercised subject to any general or special directions given or conditions imposed by the Official Assignee. 3: A person purporting to act pursuant to any delegation under section 88 4: Any delegation under section 88 a: subject to any restrictions and conditions that the Official Assignee thinks fit: b: either generally or in relation to any particular case or class of cases. 5: No delegation under section 88 a: affect or prevent the exercise or performance of any functions or powers by the Official Assignee; or b: affect the responsibility of the Official Assignee for the actions of any person acting under the delegation. 6: Any person purporting to exercise or perform any functions or powers of the Official Assignee by virtue of a delegation under section 88 1991 No 120 s 86(5)–(9) 90: Revocation of delegation from Official Assignee 1: Every delegation under section 88 2: A delegation under section 88 1991 No 120 s 87 6: Role of police 91: Interpretation In this subpart, unless the context otherwise requires, Commissioner powers, functions, or duties Section 91 amended 25 February 2012 section 7 Criminal Proceeds (Recovery) Amendment Act 2012 Functions of Commissioner of Police 92: Independence 1: In any matter relating to any decision to investigate any person or property or to take any proceedings under this Act, the Commissioner is not responsible to the Attorney-General or any other Minister of the Crown and must act independently. 2: Nothing in this section limits or affects any power that may be exercised by the Attorney-General in relation to any proceedings. Challenge to exercise of Commissioner's decisions, powers, and duties 93: Effect of proceedings relating to Commissioner's powers and duties 1: This section applies if any person makes any challenge in any proceeding in any court in respect of— a: the exercise by the Commissioner of any power conferred by this Act: b: the discharge of any duty imposed on the Commissioner by this Act. 2: If this section applies, until a final decision (as described in subsection (4)) in relation to those proceedings is given, the power or duty may be, or may continue to be, exercised or discharged as if no such proceedings of that kind had been commenced, and no person is excused from fulfilling any obligation under this Act by reason of those proceedings. 3: This section applies despite any other provision of any enactment or rule of law or equity. 4: A final decision section 15 1990 No 51 s 21 Section 93(4) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 94: Effect of final decision that exercise of powers unlawful 1: This section applies in any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred on the Commissioner by this Act, that the exercise of any powers conferred on the Commissioner by this Act is unlawful. 2: If this section applies, to the extent to which the exercise of those powers is declared unlawful the Commissioner 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, is destroyed: b: any documents, or extracts from documents, or other things removed as a consequence of the exercise of powers declared to be unlawful are returned to the person previously having possession of them, or previously having them under his or her control, and any copies of those documents or extracts are destroyed: c: any information derived from or based on such information, documents, extracts, or things is destroyed. 3: Despite subsection (2), the court may, in the court’s discretion, order that any information, record, or copy of any document or extract from a document may, instead of being destroyed,— a: be returned to the person from whom it was obtained; or b: be retained by the police subject to any terms and conditions that the court imposes. 4: No information obtained, and no documents or extracts from documents or other things removed, as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or documents,— a: is admissible as evidence in any proceedings unless the court hearing the proceedings in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence: b: may be used in connection with the exercise of any power 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. 1990 No 51 s 22 Approval of settlements 95: High Court must approve settlement between Commissioner and other party 1: The Commissioner may enter into a settlement with any person as to the property or any sum of money to be forfeited to the Crown. 2: A settlement does not bind the parties unless the High Court approves it. 3: The High Court must approve the settlement if it is satisfied that it is consistent with— a: the purposes of this Act; and b: the overall interests of justice. Delegation of powers, functions, or duties Heading amended 25 February 2012 section 8 Criminal Proceeds (Recovery) Amendment Act 2012 96: Delegation of powers, functions, or duties of Commissioner of Police The provisions of the Policing Act 2008 Section 96 replaced 25 February 2012 section 9 Criminal Proceeds (Recovery) Amendment Act 2012 Outside investigators appointed by Commissioner 97: Exercise of powers by outside investigators 1: Any person who is appointed by the Commissioner to investigate the affairs, or any aspect of the affairs, of any other person may be authorised by the Commissioner— a: to exercise, in the company of a member of the police, all or any of the powers conferred by sections 105 107 b: to assist any member of the police to execute any search warrant issued under this Act. 2: Any person appointed under subsection (1) is deemed to be a member of the police for the purposes of the investigation in respect of which he or she is appointed. 1990 No 51 s 34 98: Disclosure to Commissioner of Police of information held by Inland Revenue Department 1: For the purposes of this section,— authorised person a: the Commissioner of Inland Revenue or any officer of the Inland Revenue Department who is authorised by the Commissioner of Inland Revenue to disclose and receive information under this section; or b: the Commissioner of Police and any employee, officer, or agent of the police who is authorised by the Commissioner of Police to disclose and receive information under this section. 2: No obligation as to secrecy or other restrictions imposed by any enactment or otherwise on the disclosure of information prevents— a: an authorised person referred to in paragraph (b) of the definition of authorised person b: an authorised person referred to in paragraph (a) of the definition of authorised person 3: Information obtained under subsection (2)(b) must not be disclosed, except— a: to an authorised person; or b: to the person in respect of whom the information was obtained; or c: in connection with proceedings taken or to be taken under this Act. 4: Any disclosure of information under this section must be in accordance with arrangements made from time to time in writing between the Commissioner of Inland Revenue and the Commissioner of Police, which may include arrangements— a: further defining and limiting the use of information supplied under this section: b: about the storage of that information and security precautions to be undertaken: c: subject to section 99 5: This section and section 99 99: Destruction of information supplied under section 98 1: The Commissioner of Police must ensure that the information obtained under section 98 2: Nothing in subsection (1) applies to— a: any reference to information obtained under section 98 b: any record of information adduced in proceedings in any court; or c: any case where the defendant pleads guilty to any record of any information that, in the opinion of the Judge, would have been adduced had the matter come to trial. 7: Investigative powers 100: Interpretation In this subpart, unless the context otherwise requires,— Judge occupier Police powers 101: Police may obtain warrant to search for and seize evidence and property 1: Any Judge may issue a warrant to search any place or thing, if the Judge is satisfied, on an application made in the manner provided in subpart 3 2: The property or evidence in respect of which a search warrant may be issued under subsection (1) is— a: evidence as to the nature and extent of any person’s interest in or control over property that is an instrument of crime: b: an instrument of crime. 3: An application for a warrant under subsection (1) may be made— a: by a member of the police: b: before, on, or after the making of a restraining order. 4: A warrant may be issued under subsection (1) whether or not a charging document has been filed 5: However, if a charging document filed a charging document filed 1991 No 120 s 30 Section 101(1) amended 1 October 2012 section 215(1) Search and Surveillance Act 2012 Section 101(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Commissioner's powers 102: Commissioner may obtain warrant to search for and seize evidence and property 1: Any Judge may issue a warrant to search any place or thing if, on an application made in the manner provided in subpart 3 2: The property or evidence in respect of which a warrant may be issued under subsection (1) is— a: tainted property; or b: evidence establishing the nature and extent of any person’s interest in or control over property that is tainted property; or c: evidence establishing the nature and extent of the interest in or control over property of any person who has unlawfully benefited from significant criminal activity; or d: property that is the subject of a restraining order (other than a restraining order obtained on the application of a prosecutor). 3: An application for a warrant under subsection (1) may be made— a: by the Commissioner: b: before, on, or after the making of a restraining order: c: whether or not the Commissioner has exercised any power under section 105 107 4: A warrant may not be issued under subsection (1) in respect of any evidence or property solely because it is believed to relate to, or be, an instrument of crime. Section 102(1) amended 1 October 2012 section 215(2) Search and Surveillance Act 2012 103: Commissioner to transfer property to Official Assignee If any property is seized pursuant to a warrant issued under section 101 102(1) 1991 No 120 s 35 Production orders 104: Application for production order 1: The Commissioner may apply to a Judge for a production order under section 105 2: Every application under this section must be made in the manner provided in relation to a search warrant in sections 99 100 a: the grounds on which the application is made: b: a description of the document or documents production of which is sought: c: a description of the property or other thing or type of property or other thing to which the document or documents are believed to relate. 3: Every person commits an offence who makes an application for a production order that contains any assertion or other statement known by the person to be false. 4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year. 1991 No 120 s 68 Section 104(2) amended 1 October 2012 section 215(3) Search and Surveillance Act 2012 Section 104(3) inserted 1 October 2012 section 215(4) Search and Surveillance Act 2012 Section 104(4) inserted 1 October 2012 section 215(4) Search and Surveillance Act 2012 105: Court may make production order 1: If an application is made under section 104 a: produce to the Commissioner section 104(1) b: make available to the Commissioner 2: Every production order must contain the following particulars: a: the grounds on which the order is issued: b: a description of the document or documents production of which is required: c: a description of the property or other thing or type of property or other thing to which the document or documents are believed to relate. 3: An order made under subsection (1) is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made). 4: A Judge must not make an order under subsection (1) unless the application contains, or the applicant otherwise supplies to the Judge, any information that the Judge requires concerning the grounds on which the order is sought. 5: If any document is produced under this section, the Commissioner may do any one or more of the following things: a: retain the original document produced for as long as is reasonably necessary for the purposes of this Act, provided that a copy of the document is taken and returned as soon as practicable after the document is produced: b: take copies of the document, or of extracts from the document: c: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the Commissioner to reproduce, in usable form, any information recorded or stored in the document. 6: If any person is required to produce any document under this section and fails to do so, the Commissioner may require that person to state to the best of his of her knowledge or belief where the document is. 1991 No 120 s 69 Section 105(1)(a) amended 25 February 2012 section 10 Criminal Proceeds (Recovery) Amendment Act 2012 Section 105(1)(b) amended 25 February 2012 section 10 Criminal Proceeds (Recovery) Amendment Act 2012 Examination orders Heading inserted 25 February 2012 section 11 Criminal Proceeds (Recovery) Amendment Act 2012 106: Application for examination order 1: The Commissioner may apply to a Judge for an examination order under section 107 a: to answer questions with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under this Act: b: to supply any information with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under this Act: c: to produce for inspection any documents that the Commissioner has reason to believe are in the person's possession or control or may be relevant to the investigation or to any proceedings under this Act. 2: Every application under this section must be made in the manner provided in relation to a search warrant in sections 99 100 a: the grounds on which the application is made: b: a description of the information that is sought: c: a description of the document or documents production of which is sought. 3: Every person commits an offence who makes an application for an examination order that contains any assertion or other statement known by the person to be false. 4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year. Section 106(2) amended 1 October 2012 section 215(5) Search and Surveillance Act 2012 Section 106(3) inserted 1 October 2012 section 215(6) Search and Surveillance Act 2012 Section 106(4) inserted 1 October 2012 section 215(6) Search and Surveillance Act 2012 Examination order Heading repealed 25 February 2012 section 12 Criminal Proceeds (Recovery) Amendment Act 2012 107: Power to require attendance before Commissioner, production of documents, etc 1: If an application is made under section 106 2: An order under subsection (1) must contain the following particulars: a: the provision under which the order is made: b: a description of the information that is sought: c: a description of the document or documents production of which is sought: d: a description of the property or other thing or type of property or other thing to which the document or documents are believed to relate. 3: The things referred to in subsection (1) are— a: to attend before the Commissioner: b: to answer questions with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under this Act: c: to supply any information specified in the order d: to produce for inspection any documents that are specified in the order 4: If any document is produced under this section, the Commissioner may do any one or more of the following things: a: retain the original document produced for as long as is reasonably necessary for the purposes of this Act, provided that a copy of the document is taken and returned as soon as practicable after the document is produced: b: take copies of the document, or of extracts from the document: c: require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions that arise from that explanation and that the Commissioner has reason to believe may be relevant to the investigation: d: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the Commissioner to reproduce, in usable form, any information recorded or stored in the document. 5: If any person is required to produce any document under this section and fails to do so, the Commissioner may require that person to state, to the best of his or her knowledge and belief, where the document is. 6: If any person is required to supply any information under this section, and does so by producing a document containing that information, the powers conferred by subsection (4) apply in all respects to that document. 7: Any person who is required to attend before the Commissioner under this section must, before being required to comply with any requirements imposed under this section, be given a reasonable opportunity to arrange for a lawyer to accompany him or her. 1990 No 51 s 9 Section 107(3)(c) amended 25 February 2012 section 13(1) Criminal Proceeds (Recovery) Amendment Act 2012 Section 107(3)(d) amended 25 February 2012 section 13(2) Criminal Proceeds (Recovery) Amendment Act 2012 Non-compliance with production order or examination order 108: Power to obtain search warrant for non-compliance with production order or examination order 1: The Commissioner may, on an application made in the manner provided in subpart 3 2: Any Judge may issue a warrant a: that there are reasonable grounds for believing that— i: a person has failed to produce all of the documents specified in a production order made under section 105 section 107 ii: any information supplied under section 107 iii: a person has failed to comply with any obligation imposed under section 107 iv: the service of an order under section 105 107 b: that there are reasonable grounds for believing that there is, at the place or thing specified in the application, or will come into or onto the place or thing, while the warrant is in force— i: any document or information required to be produced or supplied under section 105 107 ii: if paragraph (a)(iv) applies, any document or information that could have been sought under section 105 107 1990 No 51 s 6 Section 108(1) amended 1 October 2012 section 215(7) Search and Surveillance Act 2012 Section 108(2) amended 1 October 2012 section 215(8) Search and Surveillance Act 2012 109: Immunity from liability for disclosure of information under this Act 1: This section applies if— a: any person does any act that, apart from sections 98 105 107 b: that information is so disclosed, in good faith, for the purpose of or in connection with the enforcement or intended enforcement of any enactment or provision referred to in this Act; and c: that person is otherwise under any obligation (whether arising by virtue of any enactment or any rule of law or otherwise) to maintain secrecy in relation to, or not to disclose, that information. 2: If this section applies, then despite the fact that the disclosure would otherwise constitute a breach of an obligation of secrecy or non-disclosure, the disclosure by that person, of that information in accordance with this Act is not a breach of that obligation of secrecy or non-disclosure or (where applicable) of any enactment by which that obligation is imposed. Official Assignee’s powers 110: Official Assignee may apply for warrant to search for and seize property 1: Any Judge may issue a warrant to search any place or thing if, on an application made in the manner provided in subpart 3 a: that there are reasonable grounds for believing that property of the kind referred to in subsection (2) is in or on the place or thing, or will come into or onto the place or thing, while the warrant is in force; and b: in the case of property referred to in subsection (2)(a), that the Official Assignee has complied with subsection (4). 2: The property in respect of which a search warrant may be issued under subsection (1) is— a: any proposed restrained property that is the subject of an application for a restraining order: b: any property that is the subject of a restraining order: c: any property that is the subject of a forfeiture order. 3: An application for a warrant under subsection (1) may be made— a: by the Official Assignee: b: before, on, or after the making of a restraining order or a forfeiture order. 4: The Official Assignee may not make an application under subsection (1) in respect of any property referred to in subsection (2)(a) unless— a: the Official Assignee wishes to assess the nature and condition of any property that is the subject of an application for a restraining order to ensure that it is not at risk of damage, alteration, removal, or being treated in any other way to diminish its value; or b: the Official Assignee has reasonable grounds to believe that any property of that kind is at risk of damage, alteration, removal, or being treated in any other way to diminish its value. 1991 No 120 s 30 Section 110(1) amended 1 October 2012 section 215(9) Search and Surveillance Act 2012 111: Official Assignee to hold property If property is seized pursuant to a warrant issued under section 110 section 103 1991 No 120 s 35 112: Return of seized property that is not subject of forfeiture order 1: Any property that is transferred to the Official Assignee under section 103 section 110 2: However, this section does not require the return of property if that property is the subject of a forfeiture order— a: when the property is transferred or seized as referred to in subsection (1); or b: when a requirement to return the property to the appropriate person as soon as practicable would otherwise apply under this section. 3: If the property was the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of the restraining order. 4: If the property was not the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of 28 days after the date on which the property comes into the custody or control of the Official Assignee (the 28-day period 5: However,— a: if a restraining order is obtained in relation to that property before the expiry of the 28-day period, the property must be returned to the appropriate person as soon as practicable after the order expires; or b: if a restraining order is not obtained in relation to that property before the expiry of the 28-day period but an application for a forfeiture order is made as soon as practicable and before that expiry, the property must be returned as soon as practicable after the application is determined; or c: if an application for a restraining order is made as soon as practicable and before the expiry of the 28-day period, but not determined before that expiry, the property must be returned as soon as practicable after— i: the application is determined if the application is refused; or ii: the expiry of the restraining order if the application is granted. 6: This section is subject to section 113 7: In this section, the appropriate person Section 112 replaced 1 April 2023 section 34 Criminal Proceeds (Recovery) Amendment Act 2023 113: Disputed ownership, etc, of seized property to which section 112 applies 1: The Official Assignee may apply to the District Court for an order under this section if there is a dispute, or the Official Assignee is uncertain (for any reason), about whom property must be returned to under section 112 2: On an application under this section, the District Court may— a: order that the property be destroyed; or b: order that the property be delivered to the person appearing to the court to be the owner of the property or entitled to possession of it; or c: if the owner or person entitled to possession cannot be found, make any order with respect to the property’s possession or sale that the court thinks fit. 3: If, after the District Court makes an order under this section in relation to any property, an action is commenced against the Crown for the recovery of the property or its value, the order and the delivery of the property in accordance with the order may be given and must be received in evidence in bar of the action. 4: However, the order or delivery does not affect the right of any persons entitled by law to possession of the property to recover the property from any person or body (other than the Crown). 5: In this section, the Crown a: the Commissioner or any Police employee (within the meaning of section 4 b: the Official Assignee or any delegate of the Official Assignee or any other member of staff of the Official Assignee. 2012 No 24 s 154 Section 113 replaced 1 April 2023 section 34 Criminal Proceeds (Recovery) Amendment Act 2023 General rules about search warrants 114: Application of Part 4 of Search and Surveillance Act 2012 1: The provisions of Part 4 subpart 6 2: The provisions of subpart 6 sections 101(2)(a) 102(2)(b) and (c) Section 114 replaced 1 October 2012 section 216 Search and Surveillance Act 2012 115: Application for search warrant Section 115 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 116: Form and content of search warrant Section 116 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 117: When search warrant is executed Section 117 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 118: Powers conferred by search warrant Section 118 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 119: Powers of persons called to assist Section 119 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 120: Person executing warrant to produce evidence of authority Section 120 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 121: Inventory of items seized Section 121 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 122: Compliance with certain provisions unnecessary in some circumstances Section 122 repealed 1 October 2012 section 217 Search and Surveillance Act 2012 Orders 123: Form and content of orders 1: Every order issued under this subpart must be in the prescribed form. 2: Any information or document is sufficiently specified in an order of that kind if the information or document is described— a: in a general rather than a specific way; or b: by reference only to its class, nature, content, or effect. 3: The time at which any thing is required to be done is sufficiently specified in an order of that kind if the time is described as— a: immediately; or b: any other stated time. 4: Every order under this subpart that requires attendance before the Commissioner must inform the person to whom it is addressed that the person may, if that person so wishes, be accompanied by a lawyer. 5: Every order under this subpart must inform the person to whom it is addressed of the relevant offences set out in subpart 9 Warrants and powers associated with foreign restraining orders and foreign forfeiture orders 124: Warrants associated with foreign restraining orders and foreign forfeiture orders 1: A member of the police, if authorised under section 59(2)(a) section 101 2: Sections 101(1) to (3) 103 112 113 125: Powers of Commissioner in relation to warrants associated with foreign restraining orders and foreign forfeiture orders 1: The Commissioner, if authorised under section 59(2)(b) section 102 2: Sections 102 103 112 113 126: Powers of Official Assignee in relation to warrants associated with foreign restraining orders and foreign forfeiture orders 1: The Official Assignee, if authorised under section 59(2)(c) section 110 2: Sections 110 to 113 127: Provisions associated with foreign restraining orders and foreign forfeiture orders Part 4 2012 subpart 6 sections 124 to 126 Section 127 replaced 1 October 2012 section 218 Search and Surveillance Act 2012 8: Foreign restraining orders and foreign forfeiture orders Interim foreign restraining orders 128: Interim foreign restraining order 1: The Commissioner may apply for an interim foreign restraining order if authorised by the Attorney-General under section 60 2: An application under subsection (1) is an application made without notice. 3: Subpart 2 sections 21 22(1) 37 to 42 a: with any necessary modifications: b: without limiting paragraph (a), with the following specific modifications: i: a reference to significant criminal activity must be read as a reference to significant foreign criminal activity: ii: the reference in section 28(2) 4: An interim foreign restraining order is to be treated in all respects (other than under sections 37 to 42 5: This section applies, with any necessary modifications, to an application for a restraining order made under section 112 1991 No 120 s 66A(1), (2), (6) 129: Expiry of interim foreign restraining orders 1: An interim foreign restraining order expires when the earlier of the following occurs: a: the date is reached that is the end of 28 days (commencing on the day on which the order is made): b: a foreign restraining order relating to some or all of the property to which the interim foreign restraining order relates is registered in New Zealand. 2: Despite subsection (1), if the duration of an interim foreign restraining order is extended by a court, the interim foreign restraining order expires on the date specified by the court under section 130 1991 No 120 s 66A(3), (4) 130: Extending duration of interim foreign restraining order 1: If a court has made an interim foreign restraining order, the applicant for that order may, before the interim foreign restraining order expires, apply to that court to extend its duration. 2: If an application is made under subsection (1), the court may order that the interim foreign restraining order be extended for a period not exceeding 3 months. 3: The duration of an interim foreign restraining order may be extended more than once under this section. 4: If, before an interim foreign restraining order would otherwise expire under section 129(1) 1991 No 120 s 66(1), (2) 131: Additional matters relating to extending duration of interim foreign restraining order 1: On making an order under section 130 2: An applicant for an order under section 130 1991 No 120 s 66(3), (4) Registering foreign restraining orders 132: Who may apply to register foreign restraining order The Commissioner may apply to register a foreign restraining order in New Zealand if authorised by the Attorney-General under section 54 133: Application to register foreign restraining order made to High Court If authorised to register a foreign restraining order in New Zealand under section 54 134: Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders 1: The following sections of subpart 2 section 54 section 112(2) a: section 19 b: section 21 ba: section 22 c: section 27 d: section 28(1), (3), and (4) e: section 29 f: section 32 g: section 33(1) and (2) h: section 34 i: section 35 j: section 36 k: any other provisions of subpart 2 section 173(d) 2: Without limiting subsection (1), a reference in any of the provisions listed in subsection (1) to a restraining order must be read as a reference to a foreign restraining order. 3: Sections 30 31 a: in a case where the foreign restraining order was made without a hearing in a court in the foreign country where it was made, was given no opportunity to make representations to the person or body that made the foreign restraining order: b: in a case where the foreign restraining order was made at a hearing of a court in the foreign country where it was made, was not served with any notice of, and did not appear at, the hearing held in the court: c: in any other case, obtains the leave of the court to make the application. 4: Sections 23 33(3) a: in a case where the foreign restraining order was made without a hearing in a court in the foreign country where it was made, was given no opportunity to make representations to the person or body that made the foreign restraining order: b: in a case where the foreign restraining order was made at a hearing of a court in the foreign country where it was made, was not served with any notice of, and did not appear at, the hearing held in the court: c: in any other case, obtains the leave of the court to appear at the hearing of the application. 5: The court may grant special leave under subsection (3)(c) or (4)(c) if— a: the applicant for relief or the person who is the subject of the foreign restraining order had good reasons— i: for failing to make representations to the decision-making person or body who made the order in the foreign country; or ii: in a case where the order was made by a court in the foreign country, for failing to attend the hearing at which the foreign restraining order was made; or b: the evidence proposed to be adduced by the applicant for relief or other person who is subject to the foreign restraining order was not reasonably available to the applicant for relief or other person at the time when the applicant or other person— i: was required to make submissions to the person or body that made the foreign restraining order in a foreign country; or ii: at the time of the hearing at which the foreign restraining order was made by the court in a foreign country. 1991 No 120 s 66B(1) Section 134(1)(ba) inserted 7 November 2015 section 4 Criminal Proceeds (Recovery) Amendment Act 2015 135: Effect of registering foreign restraining order in New Zealand 1: If a foreign restraining order is registered in New Zealand under section 56 a: is not to be disposed of, or dealt with, other than is provided for in the order; and b: is to be under the Official Assignee’s custody and control. 2: If a foreign restraining order is registered in New Zealand, the Commissioner must give written notice of the order to any persons whose property is the subject of the order. Duration of foreign restraining order and further orders 136: Duration of foreign restraining order registered in New Zealand and associated further orders 1: The registration of a foreign restraining order in New Zealand expires on the earliest of the following dates: a: the date when the foreign restraining order to which it relates expires or is revoked: b: the date that is the end of 2 years after the date on which the foreign restraining order is registered in New Zealand: c: the date when the Commissioner registers a foreign forfeiture order in New Zealand in respect of some or all of the property specified in the foreign restraining order: d: the date on which the registration of the foreign restraining order in New Zealand has been cancelled under section 58 2: Despite subsection (1), if the registration of a foreign restraining order in New Zealand is extended as a result of an application to the High Court, it expires on the date specified by the High Court under section 137 3: On the expiry of the registration of a foreign restraining order in New Zealand, any further order made in relation to the foreign restraining order also expires. 137: Extension of duration of registration of foreign restraining order 1: If the High Court has registered a foreign restraining order in New Zealand, the applicant for that order may, before the registration of the restraining order expires, apply to the High Court for an extension of the duration of the registration of the foreign restraining order in New Zealand. 2: If an application is made under subsection (1), the High Court may order that the registration of a foreign restraining order be extended for a further period not exceeding 1 year. 2A: The duration of the registration of a foreign restraining order may be extended more than once under this section. 3: If an application is granted under this section, the registration of the foreign restraining order in New Zealand ceases at the time specified in the Court’s order. Section 137(2A) inserted 7 November 2015 section 5 Criminal Proceeds (Recovery) Amendment Act 2015 138: Additional matters relating to extension of registration of foreign restraining order 1: On making any order of the kind referred to in section 137 2: An applicant for an order under subsection (1) must serve a copy of the application on any person who, to the knowledge of the applicant, has an interest in the property that is the subject of the application. Section 138(1) amended 25 February 2012 section 15 Criminal Proceeds (Recovery) Amendment Act 2012 139: Exclusion of interest from foreign restraining order registered in New Zealand 1: A person (other than the respondent) who has a severable interest in property restrained under a foreign restraining order that is registered in New Zealand may apply to the High Court for the exclusion of that interest if the person— a: has not already been a party to proceedings associated with the making of the foreign restraining order in the foreign country where it was made; and b: has good reason for failing to have attended the hearing connected with the making of the foreign restraining order in the foreign country where it was made; and c: has not unlawfully benefited from the significant foreign criminal activity to which the foreign restraining order relates; and d: has already made an application (whether granted or not) under section 30 section 134(3) 2: The High Court may, if it is satisfied of the matters in subsection (1), make an order— a: directing the Crown to transfer the interest to the applicant; or b: that the Crown pay to the applicant an amount equal to the value of the interest declared by the Court. 3: An order under subsection (1) does not affect a restraining order, insofar as it applies to property that is not the subject of the order. Registering foreign forfeiture orders 140: Who may apply to register foreign forfeiture order The Commissioner may apply to register a foreign forfeiture order in New Zealand if authorised by the Attorney-General under section 55 141: Application to register foreign forfeiture order made to High Court If authorised to apply to register a foreign forfeiture order in New Zealand under section 55 142: Notice of registration of foreign forfeiture order 1: The Commissioner must serve notice of having applied to register a foreign forfeiture order in New Zealand, so far as it is practicable to do so, on every person who, to the knowledge of the Commissioner, has an interest in the property to which the order relates. 2: The Commissioner must also serve notice of the intention to register the foreign forfeiture order in New Zealand on the Official Assignee. 143: Provisions of subpart 3 of Part 2 applying to registering foreign forfeiture orders 1: The following sections of subpart 3 section 55 a: section 47 b: any other provision of subpart 3 section 173 2: Section 148 a: in a case where the foreign forfeiture order was made without a hearing in a court in the foreign country where it was made, was given no opportunity to make representations to the person or body that made the foreign forfeiture order: b: in a case where the foreign forfeiture order was made at a hearing of a court in the foreign country where it was made, was not served with any notice of, and did not appear at, the hearing held in the court: c: in any other case, obtains the leave of the court to make the application. 3: Sections 46 64 a: in a case where the foreign forfeiture order was made without a hearing in a court in the foreign country where it was made, was given no opportunity to make representations to the person or body that made the foreign forfeiture order: b: in a case where the foreign forfeiture order was made at a hearing of a court in the foreign country where it was made, was not served with any notice of, and did not appear at, the hearing held in the court: c: in any other case, obtains the leave of the court to appear at the hearing of the application. 4: The court may grant special leave under subsection (2)(c) or (3)(c) if— a: the applicant for relief or the person who is the subject of the foreign forfeiture order had good reasons— i: for failing to make representations to the decision-making person or body who made the order in the foreign country; or ii: in a case where the order was made by a court in the foreign country, for failing to attend the hearing at which the foreign forfeiture order was made; or b: the evidence proposed to be adduced by the applicant for relief or other person who is subject to the foreign forfeiture order was not reasonably available to the applicant for relief or other person at the time when the applicant or other person— i: was required to make submissions to the person or body that made the foreign forfeiture order in a foreign country; or ii: at the time of the hearing at which the foreign forfeiture order was made by the court in a foreign country. 144: Registering foreign forfeiture order The effect of registering a foreign forfeiture order in New Zealand under section 56 a: vests in the Crown absolutely; and b: is in the custody and control of the Official Assignee. 145: Notice of registration of foreign forfeiture order may be recorded on registers 1: Subsection (2) applies if an application is made for a foreign forfeiture order to be registered in New Zealand against property of a kind covered by a New Zealand enactment that enables the registration of— a: title to that property; or b: charges over that property. 2: If this subsection applies, the High Court may, at any time before finally determining the application, order any authority responsible for administering an enactment of the kind referred to in subsection (1) (an Authority 3: The Court must order an Authority to cancel an entry made on a register under subsection (2) if— a: the foreign forfeiture order to which registration relates is cancelled or expired; or b: the specified period (as described in section 86(2) c: the foreign forfeiture order in relation to which registration is sought is amended to exclude that property. 146: Additional matters in respect of registering foreign forfeiture order 1: On registering a foreign forfeiture order in New Zealand, the High Court may do either or both of the following: a: declare the nature, extent, and value of any person’s interest in property specified in the order: b: give any directions that may be necessary and convenient for giving effect to the foreign forfeiture order. 2: Without limiting the generality of subsection (1)(b), if a Court registers a foreign forfeiture order in New Zealand against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the Court may direct an officer of the Court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document. 3: Part 4 2012 subpart 6 section 101 1991 No 120 s 15(3)–(7) Section 146(3) amended 1 October 2012 section 219 Search and Surveillance Act 2012 147: Registering foreign forfeiture order relating to land 1: Nothing in section 144 section 89 2: If the High Court registers a foreign forfeiture order in New Zealand in respect of an estate or interest in land, the order must be transmitted by the Registrar of the Court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 2017 Deeds Registration Act 1908 Section 147(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 147(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Relief from foreign forfeiture order registered in New Zealand 148: Relief from foreign forfeiture order registered in New Zealand A person who claims an interest in property sought to be forfeited under a foreign forfeiture order registered in New Zealand may, before the date that is 6 months from the date on which the foreign forfeiture order is registered, apply to the High Court for an order if the person is a person to whom section 143(2)(a), (b), or (c) 149: High Court may grant relief from foreign forfeiture order registered in New Zealand 1: The High Court may make an order of the kind described in subsection (2) if it is satisfied— a: of the matters in section 148 b: that the applicant has an interest in the property to which the order relates. 2: The High Court may make an order— a: directing the Crown to transfer the interest to the applicant; or b: that the Crown pay to the applicant an amount equal to the value of the interest declared by the Court. 3: The Court may refuse to make an order of the kind described in subsection (2) if it is satisfied that— a: the applicant was involved in the significant foreign criminal activity to which the foreign forfeiture order relates; or b: the applicant did not acquire the interest in the property in good faith or for value (without knowing or having reason to believe that the property was tainted property) in circumstances where the applicant acquired the interest at the time of, or after, the commission of the offence or serious criminal activity; or c: the applicant has unlawfully benefited from the significant foreign criminal activity to which the foreign forfeiture order relates. 4: Nothing in subsection (3) requires the Court to refuse making an order. 9: Miscellaneous Offences 150: Contravention of restraining orders or foreign restraining orders 1: Every person commits an offence who, knowing that a restraining order has been made or that a foreign restraining order has been registered in New Zealand in respect of property, disposes or otherwise deals with that property in contravention of the order. 2: Every person who commits an offence against this section is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000 or both: b: in the case of a body corporate, to a fine not exceeding $60,000. 1991 No 120 s 58 Section 150(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 151: Contravention of forfeiture orders or foreign forfeiture orders 1: Every person commits an offence who, knowing that an assets forfeiture order or profit forfeiture order or instrument forfeiture order is in force or a foreign forfeiture order is registered in New Zealand in relation to property to which title is passed by registration on a register maintained under any New Zealand enactment, disposes of or otherwise deals with the property before the Crown’s interest in the property has been registered in the manner required by law. 2: Every person who commits an offence against this section is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000, or both: b: in the case of a body corporate, to a fine not exceeding $60,000. 1991 No 120 s 84 Section 151(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 152: Failing to comply with orders and search warrants 1: Every person commits an offence who, being a person against whom an examination order or production order is made,— a: fails, without reasonable excuse, to comply with that order; or b: in purported compliance with the order, produces or makes available to the Commissioner a document or makes a statement which the person knows is false or misleading in a material particular. 2: Every person commits an offence who fails, without reasonable excuse, to comply with a search warrant issued under this Act that relates to his or her premises. 3: Every person who commits an offence against subsection (1) or (2) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000, or both: b: in the case of a body corporate, to a fine not exceeding $40,000. 1991 No 120 s 76 Section 152(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 153: Search order not to be disclosed 1: Any person (including a financial institution) that is, or has been, subject to a search order must not disclose the existence or the operation of the order to any person except— a: the Commissioner or a member of the police who is authorised by the Commissioner to receive the information; or b: an officer or agent of the institution, for the purposes of ensuring compliance with the order; or c: a lawyer, for the purpose of obtaining legal advice or representation in relation to the order. 2: A person referred to in subsection (1)(a) must not disclose the existence or operation of the order except— a: to another person referred to in subsection (1); and b: for the purpose of the performance of his or her duties. 3: A person referred to in subsection (1)(b) must not disclose the existence or operation of the order except— a: to another person referred to in subsection (1); and b: for the purpose of ensuring that the order is complied with or obtaining legal advice or representation in relation to the order. 4: A person referred to in subsection (1)(c) must not disclose the existence or operation of the order except— a: to another person referred to in subsection (1); and b: for the purpose of giving legal advice or making representations in relation to the order. 5: Nothing in subsections (1) to (4) prevents the disclosure of the existence or operation of a search order in connection with, or in the course of, proceedings before a court. 6: In this section and section 154 search order a: a search warrant: b: an examination order or production order. 154: Offence to disclose existence or operation of search order Every person who knowingly contravenes any of subsections (1) to (4) of section 153 conviction a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000, or both: b: in the case of a body corporate, to a fine not exceeding $40,000. 1991 No 120 s 81 Section 154 amended 1 July 2013 section 413 Criminal Procedure Act 2011 155: Offence of obstruction Every person who, without reasonable excuse, intentionally obstructs any person exercising a power or carrying out a duty under this Act commits an offence and is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $15,000 or both: b: in the case of a body corporate, to a fine not exceeding $40,000. Section 155 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Compliance not actionable 156: Compliance not actionable No proceedings, civil or criminal, may be brought against any person because of that person’s compliance with any provision in subpart 7 Indemnity 157: Indemnity for enforcement officers 1: Every enforcement officer is indemnified by the Crown in respect of any liability relating to the exercise or performance, or purported exercise or performance, or omission to exercise or perform, any function or power conferred or imposed on the enforcement officer by or under this Act or sections 142A to 142Q 2: Subsection (1) does not apply if it is shown that the exercise or performance, or purported exercise or performance, or omission to exercise or perform, the function or power was in bad faith. 3: The indemnity conferred by subsection (1) extends to legal costs in defending a proceeding. 4: Nothing in this section limits or affects any provision of the Crown Proceedings Act 1950 Crimes Act 1961 5: Any money required for the purposes of this section must be paid out of a Crown bank account without further appropriation. 6: In this section enforcement officer a: means— i: the Official Assignee: ii: the Commissioner of Police or any member of the police: iii: a prosecutor acting on behalf of the Crown: iv: any person referred to in section 118 b: includes any delegate of the enforcement officer exercising functions and powers under this Act or sections 142A to 142Q 1991 No 120 s 62 Operation of other laws 158: Operation of other laws not affected Nothing in this Act limits or restricts the operation of any other enactment providing for the forfeiture of property or imposition of pecuniary penalties. 1991 No 120 s 91 Effect of exercise of powers on duties of confidentiality 159: Duties as to confidentiality generally overridden 1: Sections 105 107 2: Compliance by any person with any of sections 105 107 3: This section is subject to sections 160 to 162 1990 No 51 s 23 Section 159(3) amended 25 February 2012 section 16 Criminal Proceeds (Recovery) Amendment Act 2012 160: Legal professional privilege 1: Nothing in sections 105 107 2: Despite subsection (1), the Commissioner may, by notice in writing to any lawyer who the Commissioner has reason to believe may have acted for any person who may be connected with any investigation, require that lawyer to supply to the Commissioner the last known name and address of that client. 3: For the purposes of this section, a communication is a privileged communication only if— a: it is a confidential communication, whether oral or written or made directly or indirectly through an agent, passing between— i: a lawyer in his or her professional capacity and another lawyer in that capacity; or ii: a lawyer in his or her professional capacity and his or her client; and b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and c: it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act. 4: If the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person), it is not a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement or other record prepared or kept by the lawyer in connection with— a: a trust account of the lawyer within the meaning of section 6 b: the operation of a financial institution within the meaning of section 3 5: If any person refuses to disclose any information or document on the ground that it is a privileged communication under this section, the Commissioner or that person may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid. 6: For the purposes of determining any application under subsection (5), the District Court Judge may require the information or document to be produced to him or her. 7: For the purposes of this section, 1990 No 51 s 24 Section 160(4)(a) amended 25 February 2012 section 17(1) Criminal Proceeds (Recovery) Amendment Act 2012 Section 160(7) amended 25 February 2012 section 17(2) Criminal Proceeds (Recovery) Amendment Act 2012 161: Privilege in relation to tax advice 1: Nothing in sections 105 107 2: Despite subsection (1), the Commissioner may, by notice in writing to any tax advisor who the Commissioner has reason to believe may have acted for any person who may be connected with any investigation, require that tax advisor to supply to the Commissioner the last known name and address of that client. 3: If any person refuses to disclose any information or document under this section, the Commissioner or that person may apply to a District Court Judge for an order determining whether or not that refusal is valid. 4: For the purposes of determining any application under subsection (3), the District Court Judge may require the information or document to be produced to him or her. 5: For the purposes of this section,— tax advice document section 20B tax advisor section 20B 162: Certain provisions not to apply to police, Inland Revenue, Statistics, and Reserve Bank officers Nothing in sections 105 107 a: any person acting in his or her capacity as an officer of the Inland Revenue Department: b: any person acting in his or her capacity as a member of the police or the Police Department: c: any person acting in his or her capacity as a member of Statistics New Zealand: d: any person acting in his or her capacity as an officer or employee of the Reserve Bank of New Zealand. 1990 No 51 s 25 163: Privilege against self-incrimination no excuse No person is excused from answering any question, supplying any information, producing any document, or providing any explanation under section 105 107 1990 No 51 s 27 Admissibility of evidence 164: Admissibility of evidence 1: No evidence that is lawfully obtained under section 105 107 2: This section is subject to section 165 1990 No 51 s 26 165: Admissibility of self-incriminating statement made in response to production or examination order General 1: Any self-incriminating statement that a person makes orally, in the course of doing any of the following in response to a production or examination order, is not admissible against them in any civil or criminal proceedings: a: answering any question: b: supplying any information: c: producing any document: d: providing any explanation. 2: Subsection (1) applies whether or not the statement is recorded in writing. 3: Subsections (4) to (8) set out exceptions to subsection (1). Exception for civil proceedings 4: Any statement that a person makes in response to a production or examination order may be used in evidence against them in any civil proceedings specified in section 10(1) Exceptions for criminal proceedings 5: Any self-incriminating statement referred to in subsection (1) that a person makes may be used in evidence against them in any prosecution for an offence against section 109 6: Any statement that a person makes in relation to their failure to comply with a production or examination order may be used in evidence against them in any prosecution for an offence against section 152 7: Any false or misleading statement that a person makes in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152 8: Any false or misleading document that a person produces in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152 Definitions 9: In this section,— false or misleading production or examination order a: a production order made under section 105 b: an examination order made under section 107 10: In this section, doing any thing in response to a production or examination order section 105 107 Section 165 replaced 1 April 2023 section 38 Criminal Proceeds (Recovery) Amendment Act 2023 166: Admissibility of evidence given to court or Official Assignee 1: Subsection (2) applies if— a: any person is examined before a court, or a registrar of a court, or the Official Assignee, pursuant to an order made under this Act; or b: any person is required to furnish to the Official Assignee a statement on oath. 2: If this subsection applies— a: any self-incriminating statement or disclosure made by the person in response to the question or any self-incriminating statement furnished in response to the requirement is not admissible against that person in any civil or criminal proceedings, other than— i: a proceeding for giving false evidence in the course of the examination or, as the case may require, for making any false statement in any statement so furnished; or ii: the prosecution of that person for an offence against section 109 iii: the proceedings in relation to which the statement was made or the document was given: b: any other evidence provided by the person is admissible in civil or criminal proceedings, subject to any enactment or rule of law to the contrary. 1991 No 120 s 49 Section 166(2)(a)(ii) amended 1 April 2023 section 40 Criminal Proceeds (Recovery) Amendment Act 2023 Arrangements to avoid operation of this Act or Sentencing Act 2002 167: Arrangements to avoid operation of this Act or Sentencing Act 2002 1: In this section, arrangement a: any agreement, arrangement, understanding, promise of undertaking whether express or implied and whether or not enforceable or intended to be enforceable at law; and b: any scheme, plan, proposal, action, course of action, or course of conduct. 2: If the High Court (or if the matter relates to an instrument of crime in relation to which proceedings were commenced in the District Court, the District Court) is satisfied that a person has an arrangement for the purposes of directly or indirectly defeating, avoiding, preventing, or impeding the operation of this Act or sections 142A to 142Q a: make an order declaring the arrangement to be void wholly or in part; or b: make an order varying the arrangement in whole or in part. 3: The High Court or District Court may also make other orders that it considers necessary in the circumstances to give effect to an order made under subsection (2), including, without limitation, an order to do all or any of the following: a: dispose of property (including selling property): b: pay money to any person: c: dispose of the proceeds of any disposal of the property: d: create a charge on property in favour of a person and enforce that charge. 4: The High Court or District Court may rescind or vary any order made under this section. Criminal Assets Recovery Act 1990 s 59 (NSW) Notices 168: Giving of notices 1: If a notice or other document is to be given to a person for the purposes of this Act, it may be given— a: by delivering it personally to the person; or b: by delivering it at the usual or last known place of residence or business of the person, including by facsimile; or c: by sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person. 2: If a notice or other document is to be given to a corporation for the purposes of this Act, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on the corporation. 3: If a notice or other document is to be given to a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (2) is deemed to be service on the partnership. 4: If a notice or other document is sent by post to a person in accordance with subsection (1)(c), it is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted. Effect of death 169: Effect of death 1: Any notice or other document authorised or required to be given to a person under this Act is, if the person is dead, sufficiently given if given to the person’s legal personal representative. 2: A reference in this Act to an interest in property of a person is, in the case of a person who is dead, a reference to an interest in the property that the person had immediately before death. 3: An order can be applied for and made under this Act— a: in respect of a person’s interest in property even if the person is dead; and b: on the basis of the activities of a person who is dead. 170: Effect of death of joint owner of restrained property 1: If a person has an interest in property as joint owner of the property, the person’s death after a restraining order is made in respect of the interest does not (while the order is in force) operate to vest the interest in the surviving joint owner or owners and the restraining order continues to apply to the interest as if the person had not died. 2: An assets forfeiture order or instrument forfeiture order made in respect of that interest applies as if the order took effect in relation to the interest immediately before the person died. 3: If a restraining order ceases to apply to an interest in property without an assets forfeiture order or instrument forfeiture order being made in respect of that interest, subsection (1) is taken not to have applied to the interest. Repeal 171: Repeal The Proceeds of Crime Act 1991 2009-12-01 Proceeds of Crime Act 1991 Transitional provisions 172: Proceeds of Crime Act 1991 continues in force for certain purposes Despite section 171 a: continuing and completing any proceedings or other matter commenced under that Act before the commencement of this Act (including the making or enforcement of any order arising from those proceedings): b: the exercise of any power or function under that Act in relation to any matter referred to in paragraph (a). Regulations and rules 173: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing applications, notices, and other documents for the purposes of this Act and requiring their use: b: prescribing forms for the purposes of this Act and requiring their use: c: providing for the service of notices and other documents under this Act to be dispensed with in such circumstances as are specified in the regulations: d: providing for the creation of charges in respect of property to which any profit forfeiture order applies, specifying the priority of any such charge in relation to any other encumbrances and the circumstances in which a charge ceases to have effect, and providing for any other related matters: e: prescribing or providing for the costs recoverable by the Official Assignee under section 87 f: setting out procedures for the return or disposal of documents or other evidence seized, produced, or surrendered under subpart 7 g: providing for such other matters as are contemplated by, or are necessary for giving full effect to, this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 1991 No 120 s 89 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 173(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 174: Rules 1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under this Act. 2: See section 148 section 228 1991 No 120 s 90 Section 174(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Consequential amendments to other enactments Amendments to Crimes Act 1961 175: Amendments to Crimes Act 1961 Sections 176 to 178 Crimes Act 1961 2009-12-01 Crimes Act 1961 176: Defence of enforcement of enactment Section 244(b) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 177: Destruction of relevant records made by use of interception device Section 312J 1A: In subsection (1), proceedings sections 142A to 142Q 178: Restriction on admissibility of evidence of private communications lawfully intercepted Section 312N i: offences of 2 or more of those kinds specified in paragraphs (a) to (h); or j: an offence specified in paragraphs (a) to (h) and the evidence is relevant to a proceeding under the Criminal Proceeds (Recovery) Act 2009 or a proceeding under sections 142A to 142Q Amendments to Customs and Excise Act 1996 179: Amendments to Customs and Excise Act 1996 Sections 180 to 182 Customs and Excise Act 1996 2009-12-01 Customs and Excise Act 1996 180: Detention of goods suspected to be tainted property 1: Section 166A Detention of goods suspected to be instrument of crime or tainted property 2: Section 166A c: he or she has good cause to suspect that the goods are an instrument of crime or tainted property (as those terms are defined in section 5(1) 181: Further provisions about detention under section 166A Section 166C(4)(d) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 182: Return of goods detained under section 166A Section 166D(3) a: an information is laid in respect of the relevant qualifying instrument forfeiture offence (as defined in section 5(1) Amendments to Evidence Act 2006 183: Amendment to Evidence Act 2006 Section 184 Evidence Act 2006 2009-12-01 Evidence Act 2006 184: Undercover police officers Section 108 6: This section also applies, with any necessary modifications, in any case where a person is being, or is to be, proceeded against under— a: the Criminal Proceeds (Recovery) Act 2009; or b: sections 142A to 142Q Amendments to Financial Transactions Reporting Act 1996 185: Amendments to Financial Transactions Reporting Act 1996 Sections 186 to 195 Financial Transactions Reporting Act 1996 2009-12-01 Financial Transactions Reporting Act 1996 186: Title amended The Long Title is amended by omitting Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 187: Verification of identity where money laundering or proceeds of crime suspected 1: The heading to section 11 proceeds of crime proceeds of significant criminal activity 2: Section 11(1)(b)(ii) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 188: Offences Section 13(1)(j)(ii)(B) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 189: Financial institutions to report suspicious transactions Section 15(1)(b)(ii) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 190: Auditors may report suspicious transactions Section 16(b) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 191: Protection of identity of persons making suspicious transaction reports 1: Section 21(2)(b) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 2: Section 21(2) c: any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2009: d: any activity relating to the making of an instrument forfeiture order under section 142N e: the administration of the Mutual Assistance in Criminal Matters Act 1992. 192: Offences Section 22(1)(b)(ii) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 193: Commissioner to issue guidelines relating to reporting of suspicious transactions Section 24(1)(a)(ii) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 194: Application of Privacy Act 1993 1: Section 28(c) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 2: Section 28 d: any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2009: e: any activity relating to the making of an instrument forfeiture order under section 142N f: the administration of the Mutual Assistance in Criminal Matters Act 1992. 195: Application of Privacy Act 1993 1: Section 43(b) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 2: Section 43 c: any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2009: d: any activity relating to the making of an instrument forfeiture order under section 142N e: the administration of the Mutual Assistance in Criminal Matters Act 1992. Amendments to International Crimes and International Criminal Court Act 2000 196: Amendments to International Crimes and International Criminal Court Act 2000 Sections 197 to 201 International Crimes and International Criminal Court Act 2000 2009-12-01 International Crimes and International Criminal Court Act 2000 197: Interpretation 1: Paragraph (b) of the definition of forfeiture order section 4 pecuniary penalty order profit forfeiture order 2: The definition of tainted property section 4 tainted property a: instrument of crime as defined in section 5(1) b: tainted property as defined in section 5(1) 198: Attorney-General may authorise measures Section 112(1) 1: If the Attorney-General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, the Attorney-General may authorise the appropriate New Zealand authority to apply for 1 or more of the following orders or warrants: a: a search warrant under section 101 or 102 b: any restraining order made under the Criminal Proceeds (Recovery) Act 2009: c: a production order under section 104 199: Method of registration of order Section 128(3) Proceeds of Crimes Act 1991 Criminal Proceeds (Recovery) Act 2009 200: New sections 130 and 131 substituted Sections 130 and 131 130: Effect of registration of order 1: A forfeiture order registered under section 128 has effect and may be enforced as if it were a profit forfeiture order— a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and b: entered on the date of registration. 2: Subsection (1) applies subject to sections 132 and 133. 3: If a forfeiture order is registered under section 128,— a: subpart 3 Part 2 b: the property must be disposed of, or otherwise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney-General may give such directions as may be necessary to give effect to that order or those directions; and c: if, for any reason, the Attorney-General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney-General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made. 4: A restraining order registered in accordance with section 112(2) has effect, and may be enforced, as if it were a restraining order— a: made under the Criminal Proceeds (Recovery) Act 2009; and b: entered on the date of registration. 131: Forfeiture order may be treated as profit forfeiture order 1: If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General must take measures to recover— a: the value specified by the ICC as the value of the tainted property ordered by the ICC to be forfeited; or b: if the ICC has not specified the value of the tainted property, the value that, in the opinion of the Attorney-General, is the value of the tainted property ordered by the ICC to be forfeited. 2: In a case to which subsection (1) applies, the forfeiture order is to be treated as a profit forfeiture order for the equivalent amount and may be enforced accordingly as if it were a profit forfeiture order— a: made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and b: entered on the date of registration. 201: Cancellation of registration order Section 134(4) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 Amendments to International War Crimes Tribunals Act 1995 202: Amendments to International War Crimes Tribunals Act 1995 Sections 203 to 205 International War Crimes Tribunals Act 1995 2009-12-01 International War Crimes Tribunals Act 1995 203: New section 43 substituted Section 43 43: Effect of registration of order Subject to sections 44 to 47, a forfeiture order registered in accordance with section 42 has effect and may be enforced as if it were a profit forfeiture order made by the High Court under the Criminal Proceeds (Recovery) Act 2009 and entered on the date of registration. 204: Registered forfeiture orders Section 44 a: subpart 3 Part 2 205: Cancellation of registration of forfeiture order Section 47(4) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 Amendment to Judicature Act 1908 Heading repealed 1 March 2017 section 183(b) Senior Courts Act 2016 206: Amendment to Judicature Act 1908 2009-12-01 Judicature Act 1908 Section 206 repealed 1 March 2017 section 183(b) Senior Courts Act 2016 207: Application of Part 4A Section 207 repealed 1 March 2017 section 183(b) Senior Courts Act 2016 Amendments to Legal Services Act 2000 208: Amendments to Legal Services Act 2000 Sections 209 and 210 Legal Services Act 2000 2009-12-01 Legal Services Act 2000 209: When legal aid may be granted: civil matters Section 9 11: The Agency may grant legal aid to an applicant in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009 if the Agency considers that the interests of justice require that the applicant be granted legal aid. 12: In considering whether or not the interests of justice require that an applicant be granted legal aid under subsection (7), the Agency must have regard to— a: whether there are any serious consequences for the applicant if legal aid is not granted; and b: whether there are any complex factual, legal, or evidential matters in the proceeding that require the applicant to be legally represented. 13: Subsections (3) and (4) do not apply to an application for legal aid in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009. 210: Schedule 1 amended Schedule 1 f: the value of the subject matter of the proceedings, unless the Agency determines a proportion of that value that should be included in the assessment of the person’s total assets: g: the value of any property that is the subject of a restraining order under the Criminal Proceeds (Recovery) Act 2009. Amendment to Misuse of Drugs Act 1975 211: Amendment to Misuse of Drugs Act 1975 Section 212 Misuse of Drugs Act 1975 2009-12-01 Misuse of Drugs Act 1975 212: Laundering proceeds of drug offences Section 12B(6)(b) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 Amendment to Summary Proceedings Act 1957 213: Amendment to Summary Proceedings Act 1957 Section 214 Summary Proceedings Act 1957 2009-12-01 Summary Proceedings Act 1957 214: Part 2 of Schedule 1 amended 1: Part 2 of Schedule 1 2: Part 2 of Schedule 1 The following table is small in size and has 3 columns. This table amends Part 2 of Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995 and should be read with that table to provide understanding of the context. Criminal Proceeds (Recovery) Act 2009 150 Contravention of restraining orders or foreign restraining orders 151 Contravention of forfeiture orders or foreign forfeiture orders 152 Failing to comply with orders and search warrants 154 Offence to disclose existence or operation of search order 155 Offence of obstruction Amendments to Tax Administration Act 1994 215: Amendments to Tax Administration Act 1994 Sections 216 and 217 Tax Administration Act 1994 2009-12-01 Tax Administration Act 1994 216: Officers to maintain secrecy Section 81(4) gc: communicating to any authorised person (as defined in section 98(1) 217: Further secrecy requirements 1: Section 87(4) dc: where it is given to any authorised person (as defined in section 98(1) 2: Section 87(5)(a)(i) (gc), (gb), Amendments to Terrorism Suppression Act 2002 218: Amendments to Terrorism Suppression Act 2002 Sections 219 to 225 Terrorism Suppression Act 2002 2009-12-01 Terrorism Suppression Act 2002 219: Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities Section 9(3)(b) section 50 of the Proceeds of Crime Act 1991 section 80 220: Further provisions about detention under section 47A Section 47C(5)(d) Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 221: Variation, revocation, or expiry of direction Section 50(3)(b) b: on a forfeiture order being made under section 55 in relation to the property concerned, in which case section 85 222: New section 51 substituted Section 51 51: Further provisions on management of property subject to section 9 The following sections of the Criminal Proceeds (Recovery) Act 2009 apply, with the following (and any other necessary) modifications, to property that is the subject of a direction under section 48, as if the direction were a restraining order under that Act: a: section 27 b: section 32 c: section 80 d: section 81 e: section 87 f: sections 88 to 90 g: section 150 h: section 157 223: New section 57 substituted Section 57 57: Further provisions relating to orders under section 55 The following sections of the Criminal Proceeds (Recovery) Act 2009 and the Sentencing Act 2002 apply, with the following (and all other necessary) modifications, to the making, effect, operation, and discharge of an order under section 55, as if the order were an instrument forfeiture order under section 142N a: sections 70, 72, and 73 i: the reference in section 73(2) ii: references in section 73 b: section 85 i: when the time for bringing an appeal against the decision of the Court expires, if no such appeal has been brought; or ii: if an appeal against the decision of the Court has been brought, when the appeal is finally determined or withdrawn, whichever occurs first: c: section 142N(3)(a), (4), and (5) 224: New section 71 substituted Section 71 71: Criminal Proceeds (Recovery) Act 2009 not affected Nothing in this Act affects the Criminal Proceeds (Recovery) Act 2009. 225: Section 81 repealed Section 81

DLM1967200

2009

Student Loan Scheme (Repayment Bonus) Amendment Act 2009

1: Title This Act is the Student Loan Scheme (Repayment Bonus) Amendment Act 2009. 2: Commencement This Act comes into force on 1 April 2010. 3: Principal Act amended This Act amends the Student Loan Scheme Act 1992 2010-04-01 Student Loan Scheme Act 1992 4: New heading and new sections 45A to 45I inserted The following heading and sections are inserted after section 45 Ten percent bonus for excess repayments 45A: Interpretation In this section and sections 45B to 45H 10% bonus section 45C(2), 45D(2), 45E(2) excess repayment section 45B final excess repayment 45B: Meaning of excess repayment 1: For the purposes of this Act, an excess repayment 2: However, the following are not excess repayments: a: any amount paid in respect of a tax year when a repayment obligation, repayment deduction, interim repayment, terminal repayment obligation, or penalty is, or will be, due and payable in respect of that tax year or any prior tax year (the due amount b: any amount that was paid before 1 April 2009: c: any amount that is paid in respect of a tax year that ended on or before 31 March 2009. 3: Excess repayments may be made— a: by any means, including repayment deductions, interim repayments, and voluntary payments; and b: in 1 or more payments in respect of a tax year; and c: in respect of a tax year, at any time during that tax year and, if the borrower is a periodic payer, at any time up to and including the due date for payment of the final instalment of that borrower's interim repayments for that tax year. 45C: Borrower's entitlement to 10% bonus for total excess repayments of $500 or more 1: Subsection (2) applies to a borrower if— a: the borrower's total excess repayments in respect of a tax year are $500 or more; and b: at the beginning of the tax year in respect of which the excess repayments were made, the borrower's IRD loan balance was $550 or more. 2: If this subsection applies to a borrower, the Commissioner must reduce the borrower's IRD loan balance by an amount equal to 10% of the borrower's total excess repayments in respect of the relevant tax year. 45D: Borrower's entitlement to bonus if IRD loan balance is less than $550 1: Subsection (2) applies to a borrower if— a: the borrower's final excess repayment in respect of a tax year is $500; and b: at the date on which the final excess repayment was made, the borrower's IRD loan balance was more than $500 but less than $550. 2: If this subsection applies to a borrower, the Commissioner must reduce the borrower's IRD loan balance to zero. 45E: Borrower may be entitled to 10% bonus if under-deduction is due to PAYE system 1: Subsection (2) applies to a borrower if— a: the borrower's total excess repayments in respect of a tax year are less than $500; and b: the difference between the borrower's total excess repayments in respect of that tax year and $500 (the shortfall c: the shortfall meets 1 or more of the following criteria: i: it is less than $20: ii: it is due to the borrower commencing or ceasing employment: iii: it is due to an action or an omission of the borrower's employer; and d: the Commissioner considers that the borrower's total excess repayments in respect of that tax year would have been $500 or more if the under-deduction referred to in paragraph (b) had not occurred; and e: at the beginning of the tax year in respect of which the excess repayments were made, the borrower's IRD loan balance was $550 or more. 2: If this subsection applies to a borrower, the Commissioner must reduce the borrower's IRD loan balance by an amount equal to 10% of the borrower's total excess repayments in respect of the relevant tax year that the Commissioner considers would have been made if the under-deduction referred to in subsection (1)(b) had not occurred. 45F: Manner in which 10% bonus is to be provided and restriction on amount of 10% bonus 1: If a borrower's IRD loan balance will be fully repaid as a result of it being reduced by a 10% bonus, that bonus must be credited to that borrower's IRD loan balance as at the date on which the final excess repayment was made. 2: If a borrower's IRD loan balance will not be fully repaid as a result of it being reduced by a 10% bonus, that bonus must be credited to that borrower's IRD loan balance as at 1 April in the tax year that follows the tax year in respect of which the excess repayments were made. 3: Nothing in subsection (1) or (2) requires the Commissioner to credit a 10% bonus to a borrower's IRD loan balance before the Commissioner has determined that borrower's total excess repayments in respect of a tax year. 4: The total amount of a 10% bonus that may be provided to a borrower must not exceed an amount equal to one-eleventh of that borrower's IRD loan balance on either— a: the date on which the 10% bonus is provided; or b: an earlier date determined by the Commissioner, at his or her discretion, that is within the relevant tax year. 5: The Commissioner may only determine a date under subsection (4)(b) if, in respect of a borrower,— a: 1 or more excess repayments are made in respect of a tax year; and b: a final excess repayment was made in respect of the same tax year. 45G: Consequences of refund 1: If a borrower elects that the whole or part of an excess repayment in respect of a tax year be refunded, any 10% bonus that was provided to that borrower must be reduced to an amount equal to 10% of the remaining excess repayment (if any) in respect of the tax year that is $500 or more. 2: If the 10% bonus was provided under section 45E(2) section 45E section 45E(1)(b) 45H: Commissioner must advise borrowers to seek financial advice The Commissioner must, in all material that provides information about repayment bonuses and that is made available to all borrowers, include a statement to the effect that borrowers are advised to seek appropriate financial advice before making excess repayments in order to obtain a 10% bonus. 45I: Application of sections 45A to 45H Sections 45A to 45H

DLM1098300

2009

Corrections Amendment Act 2009

1: Title This Act is the Corrections Amendment Act 2009. 2: Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 3 April 2009 Corrections Amendment Act 2009 Commencement Order 2009 3: Principal Act amended This Act amends the Corrections Act 2004 OIC SR 2009/61 2009-04-03 Corrections Act 2004 1: Amendments to Corrections Act 2004 4: Interpretation 1: Section 3(1) electronic communication device a: means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions: i: transmitting sound: ii: computing information: iii: functioning as a telephone: iv: communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology): b: includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part— i: is capable of any of the actions specified in paragraph (a) ii: is detachable and may be used in other electronic communication devices: c: includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device): d: does not include— i: any telephone facility provided for the use of prisoners under section 77; and ii: any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is . 2: Paragraph (a)(v) of the definition of officer section 3(1) of 2 of 1 3: Paragraph (a) of the definition of officer section 3(1) ; but vi: in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an officer under that provision in respect of 1 or more prisons; but . 4: The definition of official agency section 3(1) ; or k: a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989) . 5: The definition of staff member of a prison staff member section 3(1) or independent contractor 6: The definition of unauthorised item section 3(1) c: any electronic communication device: . 7: The definition of unauthorised item section 3(1) fa: any thing or substance that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124: . 5: Restrictions on exercise of certain powers Section 23 3: Despite sections 21 and 22, the following provisions do not apply to a member of the armed forces, or an officer who is not also a member of the police: a: sections 18 and 18A of the Misuse of Drugs Act 1975 (which confer powers of search and seizure): b: section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal concealment): c: sections 56 to 58 of the Misuse of Drugs Amendment Act 2005 (which confer enforcement powers in relation to restricted substances): d: sections 200B, 200F, and 200G of the Summary Proceedings Act 1957 (which confer powers in relation to tracking devices). 6: Religious and spiritual needs Section 79 3: Section 129(a) does not apply to a prisoner who, during a religious service (whether inside or outside a prison),— a: consumes a small quantity of wine provided at the service by a prison chaplain or minister of religion for the purposes of the Eucharist, Holy Communion, Mass, or Communion, with the express authority of the prison manager or chief executive; or b: consumes a small quantity of wine or other alcohol provided at the service as part of the ritual of the religion in question, by the person conducting the service, with the express authority of the prison manager or chief executive. 7: Possession, carriage, and use of firearms prohibited 1: The heading to section 86 prohibited restricted 2: Section 86 1: No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3) 3: Section 86 3: The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm within a prison, but only in a specified area of the prison for 1 or more of the following purposes: a: for the purpose of any specified prison industry: b: for the purpose of humanely killing sick or injured animals: c: for the purpose of pest control. 4: If subsection (3) a: may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and b: must not be used while prisoners are present; and c: must not be stored in a prison. 8: Definition of strip search 1: Section 90(2) g: lift or raise any part of his or her body (including, for example, rolls of fat, genitalia, and breasts). 2: Section 90(3) and to conduct a visual examination of the anal and genital areas (without the use of any instrument or device designed to illuminate or magnify), and ears, 9: Authority to search property Section 96 7: Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid. 10: Search of prisoners and cells 1: Section 98(6)(g) or immediately after immediately before 2: Section 98(6)(g) iv: any hearing before the New Zealand Parole Board: . 3: Section 98(6) j: if the prisoner is required under section 124 to submit to a prescribed procedure in the situation referred to in section 124(2)(d) 4: Section 98(8) (other than in the situation referred to in section 124(2)(d) section 124 11: Search of staff lockers and other places Section 100 1: For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker). 12: New section 103A inserted The following section is inserted above section 104 103A: Interpretation In this section and in sections 104 to 110A authorised officer 110A 13: General considerations relating to mail Section 104 staff members authorised officers 14: Opening of mail Section 106(2) a: omitting a staff member an authorised officer b: omitting staff member authorised officer 15: Reading of correspondence 1: Section 107(1) 1: An authorised officer may read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1). 2: Section 107(2) manager authorised officer 16: Withholding mail 1: Section 108(1)(d) has read under section 107(1), and the manager believes on reasonable grounds that it believes on reasonable grounds 2: Section 108(1)(d) ; or v: prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or vi: breach an order or direction of any court or constitute contempt of court. 17: Mail between prisoners, official agencies, and members of Parliament Section 109 A staff member An authorised officer 18: Mail between prisoners and legal advisers Section 110(1) A staff member An authorised officer 19: New sections 110A to 110C inserted The following sections are inserted after section 110 110A: Restrictions on disclosure of mail An authorised officer must not disclose any information obtained from correspondence contained in any mail between a prisoner and another person unless— a: the disclosure is made to another authorised officer for the purpose of determining whether— i: mail may be withheld under section 108(1); or ii: mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or iii: paragraph (c) b: the officer believes on reasonable grounds that the disclosure— i: is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 1993), including the prevention, detection, investigation, prosecution, and punishment of offences; or ii: is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or iii: is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or iv: has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or c: the disclosure is required by any enactment or rule of law. 110B: Warnings in relation to mail The chief executive must take all practicable steps to ensure that when, or reasonably promptly after, prisoners are received at a prison they are informed in writing— a: that their correspondence— i: may be opened and read; and ii: may be withheld, and the grounds on which it may be withheld; and b: about the types of correspondence that are exempted from being opened, read, and withheld, and the extent to which the exemptions apply. 110C: Application of Privacy Act 1993 The Privacy Act 1993 applies to any activity authorised under any of sections 104 to 110B 20: Prisoner may be required to submit to drug or alcohol test 1: Section 124(2)(c)(i) that aims to reduce that has as one of its aims the reduction of 2: Section 124(2) d: if the prisoner has submitted to a prescribed procedure under this section by supplying a sample and the prison manager believes, on reasonable grounds, that the sample supplied is dilute, tainted, or otherwise contaminated. 21: Offences by prisoner Section 128(1)(d) communication electronic 22: Offences by prisoners relating to drugs and alcohol Section 129(a) or unless section 79(3) medical officer 23: Powers of hearing adjudicator in relation to offences against discipline Section 133(4) a: any offence against section 128(1), 129, 130, or 131, the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: . 24: Powers of Visiting Justice in relation to offences by prisoners Section 137(4) a: any offence against section 128(1), 129, 130, or 131, the Visiting Justice may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: . 25: Unauthorised deliveries, communications, and recordings 1: The heading to section 141 and recordings recordings, and possession of unauthorised items 2: Section 141(1) a: omitting Every person Subject to subsection (1A) b: omitting and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both 3: Section 141(1)(e) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person, 4: Section 141(1)(f) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person, 5: Section 141(1) g: without reasonable excuse, has in his or her possession any unauthorised item while in a prison: h: attempts to do any of the things described in paragraphs (a) to (g) 6: Section 141 1A: Subsection (1)(g) does not apply to a prisoner. 1B: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both, who— a: commits an offence against subsection (1)(a), (b), (c), or (g) b: commits an offence against subsection (1)(h) (g) 1C: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both, who— a: commits an offence against any of subsection (1)(d) to (f); or b: commits an offence against subsection (1)(h) 7: Section 141(3) a: omitting subsection (1) subsection (1B) or (1C) b: by omitting or (d) (d), or (g) 26: New section 141A inserted The following section is inserted after section 141 141A: Unauthorised use or possession of electronic communication device by prisoner 1: Every prisoner (whether inside or outside a prison) commits an offence who, except with the express authority of the prison manager or the chief executive,— a: uses an electronic communication device knowing that he or she is not authorised to use it; or b: knowingly has an electronic communication device in his or her possession. 2: A prisoner who commits an offence against subsection (1) 27: Restricted communications with, or deliveries to, prisoner outside prison 1: Section 143(1) and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both 2: Section 143 2A: A person who commits an offence against subsection (1)(a) or (b) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both. 2B: Despite subsection (2A) 3: Section 143(3)(a) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person, 28: Contravention of section 118 1: The heading to section 146 110A or section 2: Section 146 110A section 29: Power of seizure Section 150 3: Anything that is forfeited to the Crown— a: under subsection (2) may, subject to any order of a court, be sold, used, destroyed, or disposed of in any manner that the chief executive directs: b: under any provision of section 133 or 137 may be sold, used, destroyed, or disposed of in any manner that the chief executive directs. 30: New heading and sections 179A to 179E inserted The following heading and sections are inserted after section 179 Emergency management 179A: Detention of prisoners eligible for release during outbreak or spread of infectious disease 1: A prisoner who is eligible for release under the Parole Act 2002 may be detained beyond his or her statutory release date in any part of the prison if that detention is pursuant to any order or requirement under section 70 or 79 of the Health Act 1956. 2: In this section, statutory release date 179B: No compensation for detention in prison under Health Act 1956 1: To avoid doubt, the Crown is not liable to make a payment to or otherwise compensate any person in respect of any detention in a prison if that detention is pursuant to any order or requirement under the Health Act 1956. 2: This section does not— a: limit section 179E b: affect any cause of action relating to unlawful arrest or detention. 179C: Interpretation In this section and sections 179D and 179E act or omission section 179E(1)(a) epidemic emergency affecting a prison or prisoners a: that occurs while an epidemic notice is in force; and b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected epidemic notice failure section 179E(1)(b) prison emergency a: affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; and b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected regulations state of emergency affecting a prison or prisoners a: within the meaning of section 4 of the Civil Defence Emergency Management Act 2002; and b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected. 179D: Notification of emergency 1: The chief executive must notify the Minister within 7 days of determining the existence of— a: an epidemic emergency affecting a prison or prisoners; or b: a prison emergency; or c: a state of emergency affecting a prison or prisoners. 2: A notice under subsection (1) a: be in writing and signed by the chief executive; and b: state the date on which it is signed; and c: state the nature of the emergency that exists; and d: specify the actions taken to date in respect of the emergency; and e: specify any action proposed to be taken to enable the corrections system to fulfil its purpose in section 5(1)(a). 3: The chief executive must notify the Minister within 7 days of determining that the emergency no longer exists. 4: A notice under subsection (3) a: be in writing and signed by the chief executive; and b: state the date on which it is signed; and c: specify the actions taken in respect of the emergency. 179E: Exclusion of liability while epidemic notice in force or during emergency 1: There is no cause of action against the Crown, a Minister of the Crown, an officer or employee of a Minister of the Crown, the chief executive, an employee of the department, a contractor, or an independent contractor, to recover damages for any harm or loss that is due directly or indirectly to— a: any act or omission by any person that occurs while carrying out his or her functions or duties or exercising his or her powers under a provision of this Act or the regulations that has been modified by Order in Council under the Epidemic Preparedness Act 2006 while an epidemic notice is in force; or b: any failure by any person to comply (or comply fully) with any provision of this Act or the regulations if— i: the failure occurs during an epidemic emergency affecting a prison or prisoners, a prison emergency, or a state of emergency affecting a prison or prisoners; and ii: it is impossible or unreasonable in the circumstances to comply (or comply fully) with this Act or the regulations. 2: A person is not exempt from liability under subsection (1) 3: A person may apply to the High Court for leave to bring proceedings against any person referred to in subsection (1) 4: The court must not grant leave unless it is satisfied that there are grounds for the contention that the act or omission, or failure, constitutes bad faith or gross negligence on the part of the person against whom proceedings are sought to be brought. 5: An application for leave under subsection (3) a: within 2 years after the act or omission, or failure, to which the application relates; or b: in the case of a continuance of injury or damage, within 2 years after the ceasing of the injury or damage. 6: Nothing in this section— a: prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fairness: b: limits the operation of section 86 of the State Sector Act 1988: c: affects any cause of action relating to unlawful arrest or detention. 31: New heading and section 181A inserted The following heading and section are inserted after section 181 Information sharing about highest-risk offenders 181A: Disclosure of information relating to highest-risk offenders 1: A specified agency that enters into an information sharing agreement under section 182D (as modified by subsection (5) subsection (3) 2: Nothing in subsection (1) 3: The purposes for which personal information about highest-risk offenders may be disclosed under an information sharing agreement between specified agencies are— a: to assist the monitoring of compliance of highest-risk offenders with their conditions of release: b: to assist in facilitating the rehabilitation of highest-risk offenders: c: to facilitate the reintegration of highest-risk offenders into the community: d: to manage the risk that the offender may commit further offences: e: to identify any increased risk that the offender may breach his or her conditions or will commit further offences. 4: For the purposes of this section,— highest-risk offender specified agency a: the Department of Corrections: b: the New Zealand Police: c: any public sector agency (as that term is defined in section 2 of the Privacy Act 1993) that the Minister of Justice, after consultation with the Privacy Commissioner, identifies as a specified agency for the purposes of this section by notice in the Gazette 5: Sections 182D and 182E apply to information sharing agreements about highest-risk offenders as if every reference in those sections to a child sex offender were a reference to a highest-risk offender. 6: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison. 7: This section does not limit or affect any information sharing agreement under section 182D in relation to a child sex offender who is also a highest-risk offender. 32: Offender information may be disclosed to facilitate monitoring of certain offenders 1: The heading to section 182 certain offenders persons on temporary release 2: Section 182(1) 3: Section 182(3) 4: Section 182(4) 5: Section 182(5) or subsection (4) 6: Section 182(6) 33: Information sharing about child sex offenders Section 182A 4: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison. 34: New heading and sections 189A to 189C inserted The following heading and sections are inserted after section 189 Detection, interception, etc, of radiocommunications within prison boundaries 189A: Interpretation In this section and sections 189B and 189C harmful interference interference radiocommunications unauthorised electronic communication a: means any electronic communication made in contravention of section 141A(1)(a) b: includes any electronic communication received on an electronic communication device that the prisoner uses or possesses in contravention of that section. 189B: Detection, interception, etc, of radiocommunications within prison boundaries For the purpose of stopping or preventing unauthorised electronic communications to or from prisoners within prison boundaries, and the delivery, possession, or use of electronic communication devices by any person in contravention of section 141,— a: any person authorised by the chief executive for the purpose of this section may use any equipment or device to detect, intercept, monitor, disable, disrupt, or interfere with radiocommunications within prison boundaries; but b: no interference may be made under this section that would result in harmful interference outside prison boundaries. 189C: Recordings of unauthorised communications If a prison manager believes on reasonable grounds that an unauthorised electronic communication contains information relating to the commission or attempted commission of an offence, a record of that communication may be made and given— a: to an enforcement officer: b: to the chief executive or any other employee of the department. 2: Amendments to other enactments Crimes Act 1961 35: Amendment to Crimes Act 1961 1: This section amends the Crimes Act 1961 2: Section 216B(4) a: omitting monitoring any monitoring of a b: adding or any interception of a private communication if the interception is authorised under section 189B Corrections Act 2004 OIC SR 2009/61 2009-04-03 Crimes Act 1961 Parole Act 2002 36: Amendments to Parole Act 2002 1: This section and section 37 Parole Act 2002 2: Section 17 3: Subsection (2) is subject to section 179A OIC SR 2009/61 2009-04-03 Parole Act 2002 37: Conditions applying to release at statutory release date Section 18 4: A prisoner to whom section 179A a: is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but b: from the statutory release date the time begins to run on the prisoner’s release conditions.

DLM1474000

2009

Reserve Bank of New Zealand Amendment Act 2009

1: Title This Act is the Reserve Bank of New Zealand Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Reserve Bank of New Zealand Act 1989 3: Principal Act amended This Act Reserve Bank of New Zealand Act 1989 2009-11-24 Reserve Bank of New Zealand Act 1989 4: Interpretation 1: The definition of clearing house section 2(1) 2: Section 2(1) designated payment system designated settlement system section 156M . 3: Section 2(1) operator operator . 4: Section 2(1) participant participant a: means a person who has agreed to participate in either a settlement system or a payment system in accordance with the rules of that system; and b: in the case of a designated settlement system, includes an operator of the settlement system if the designation under section 156N(3)(b) . 5: Section 2(1) settlement system section 156M specified operator section 156M . 5: Moratorium Section 122(8) designated payment system designated settlement system 6: New Part 5C substituted Part 5C 5C: Designated settlement systems General 156K: Exercise of powers under this Part 1: The powers conferred on the Minister and the Bank by this Part must be exercised for the purposes of— a: promoting the maintenance of a sound and efficient financial system; and b: avoiding significant damage to the financial system that could result from the failure of a participant in a settlement system. 2: The powers conferred on the Minister responsible for the Securities Act 1978 and the Commission by this Part must be exercised for the purposes of— a: promoting the integrity and effectiveness of settlement systems and related markets in New Zealand; and b: enhancing the confidence of investors and other market participants in settlement systems and related markets in New Zealand. 3: The Governor-General must exercise the powers conferred on him or her by this Part for the purposes set out in subsections (1) and (2) 156L: Commission may exercise powers under Securities Act 1978 1: The Commission may exercise any of its powers under the Securities Act 1978 in performing its functions and duties, and exercising its powers, under this Act, and Part 3 of the Securities Act 1978 applies with all necessary modifications to its decisions and proceedings under this Act. 2: However, for the purposes of this Part, the Commission may exercise its powers under sections 67 and 67A of the Securities Act 1978 in relation to the Bank only if, and to the extent that, the Bank is— a: a participant in a settlement system; or b: an operator of a settlement system. 156M: Definitions for this Part 1: In this Part, unless the context otherwise requires,— Commission contact person section 156N(2)(d) designated settlement system section 156N joint regulators a: the Bank; and b: the Commission Minister responsible for the Securities Act 1978 netted balance netting a: whether on a bilateral or multilateral basis; and b: whether or not through the interposition of an operator of the settlement system (whether by novation or otherwise); and c: whether or not the obligations or claims constitute mutual credits, mutual debts, or other mutual dealings; and d: whether or not the obligations or claims are denominated in New Zealand currency property pure payment system section 156N(3)(d) rules a: in relation to a settlement system, means the rules of the settlement system (whether made under bylaws, agreements, procedures, contracts, or other documents) that are evidenced in writing and that provide, among other things, for— i: the basis on which settlement instructions are given or received; and ii: the basis on which settlement obligations are determined and calculated (either on a gross basis or using netting); and iii: the basis on which settlements are effected (either on a gross basis or using netting); and iv: any action to be taken if a participant in the settlement system is unable, or likely to become unable, to meet the participant's obligations to any or all of the following: A: an operator of the settlement system: B: another participant in the settlement system: C: any other party to those rules; and b: in relation to a designated settlement system, means the rules of that settlement system that are contained in documents specified in the designation under section 156N i: been notified, not been disallowed, and come into effect in accordance with the processes and the time frames set out in sections 156ZB and 156ZC ii: been made pursuant to a variation of a designation under section 156ZD settlement a: the making of a payment or the transfer of the title to, or an interest in, property— i: that is done in accordance with, or to give effect to, a settlement instruction; and ii: that is on a gross basis or that uses netting; and iii: whether by way of book entry on the accounts of a central bank or an operator of a settlement system or otherwise; or b: any other act that discharges an obligation to make a payment or transfer the title to, or an interest in, property in accordance with the rules of a settlement system settlement instruction a: that is made in accordance with the rules of that settlement system; and b: that results, or is intended to result, in 1 or more settlements being effected settlement system a: means a system or arrangement for effecting settlements or processing settlement instructions in accordance with rules; and b: includes a payment system specified operator section 156N(2)(c) 2: In this Part, a participant becomes subject to an insolvency event a: in the case of a company or other body corporate,— i: a liquidator is appointed in respect of a liquidation under Part 16 of the Companies Act 1993 or under any other Act; or ii: an administrator is appointed in respect of a voluntary administration under Part 15A of the Companies Act 1993; or iii: a liquidator is appointed in respect of a liquidation of an overseas company under section 342 of the Companies Act 1993; or iv: a statutory manager is appointed in respect of a statutory management under Part 3 of the Corporations (Investigation and Management) Act 1989; or v: a statutory manager is appointed in respect of a statutory management under Part 5 of this Act; or vi: a person is appointed in respect of, or another event occurs that indicates the start of, a process in New Zealand or in any other country in which the company or other body corporate was incorporated, created, or established that is similar to those set out in subparagraphs (i) to (v) b: in the case of an individual,— i: a person is adjudicated bankrupt under the Insolvency Act 2006 or is given, or determined to have, a similar status (whether in New Zealand or in another country); or ii: a person is admitted to the no asset procedure in subpart 4 of Part 5 of the Insolvency Act 2006 or becomes subject to a similar procedure (whether in New Zealand or in another country). Designation 156N: Designation of settlement system 1: The Governor-General may, by Order in Council, on the advice of both the Minister and the Minister responsible for the Securities Act 1978 given in accordance with a joint recommendation of the joint regulators, declare any settlement system to be a designated settlement system. 2: The order must specify— a: the settlement system that is the subject of the designation; and b: the documents that evidence the rules of that settlement system; and c: which operator of the settlement system is the specified operator; and d: the name or title of the person to whom notices relating to that settlement system must be given (the contact person 3: The order may also specify all or any of the following: a: conditions to which the designation is subject: b: that a particular operator is a participant in the settlement system that is the subject of the designation: c: that the operator specified in accordance with subsection (2)(c) section 103A d: that the settlement system that is the subject of the designation is a pure payment system. 4: Both of the joint regulators must, as soon as practicable after a settlement system has been declared to be a designated settlement system, post on their respective Internet sites the contact details and the name or title of the contact person of that designated settlement system. 5: However, the Commission does not have to comply with subsection (4) subsection (3)(d) 6: To avoid doubt,— a: rules are not regulations for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989; and b: a breach of a condition to which the designation of a settlement system is subject does not affect the application of section 156Q, 156R, 156T, or 156X section 103A 156O: Joint regulators' recommendations subject to procedure in sections 156Y to 156ZA The procedure set out in sections 156Y to 156ZA section 156N(1) Effect of designation 156P: Application of this Part to pure payment systems 1: If a designated settlement system is specified to be a pure payment system in accordance with section 156N(3)(d) a: all references to a settlement must be read as if they were references to a settlement as defined in subsection (4) b: for the purposes of sections 156K, 156M, and 156ZB to 156ZQ c: all references to the joint regulators in sections 156K, 156M, and 156ZB to 156ZQ d: anything in sections 156K, 156M, and 156ZB to 156ZQ e: except as set out in subsection (2) sections 156K, 156M, and 156ZB to 156ZQ f: section 156L g: the advice of the Minister responsible for the Securities Act 1978 is not required under section 156ZD or 156ZE h: this Part must be interpreted with all necessary modifications in order to give effect to this section. 2: However, if the Bank intends to recommend, in accordance with section 156ZD subsection (1) 3: This section ceases to apply to a designated settlement system if, in accordance with section 156ZD subsection (1) 4: For the purposes of subsection (1)(a) settlement a: the making of a payment— i: that is done in accordance with, or to give effect to, a settlement instruction; and ii: that is on a gross basis or that uses netting; and iii: whether by way of book entry on the accounts of a central bank or an operator of a settlement system or otherwise; or b: any other act that discharges an obligation to make a payment in accordance with the rules of a settlement system. 156Q: Rules of designated settlement system are valid and enforceable 1: The rules of a designated settlement system are valid and enforceable despite any enactment or rule of law to the contrary. 2: However, subsection (1) a: the basis on which settlement instructions are given or received; and b: the basis on which settlement obligations are determined and calculated (either on a gross basis or using netting); and c: the basis on which settlements are effected (either on a gross basis or using netting); and d: any action to be taken if a participant in the designated settlement system is unable, or likely to become unable, to meet the participant's obligations to any or all of the following: i: the specified operator of the designated settlement system: ii: another participant in the designated settlement system: iii: any other party to those rules. 156R: Settlements must not be reversed, etc 1: A settlement that is effected in accordance with the rules of a designated settlement system must not, whether in whole or in part, be reversed, repaid, recovered, or set aside despite any enactment or rule of law to the contrary. 2: Subsection (1) 3: In this section,— foreign court foreign proceeding foreign representative 2006 No 57 Schedule 1 Article 2 156S: Limits on application of section 156R(1) 1: Section 156R(1) a: a participant in the designated settlement system in respect of whom the settlement is effected becomes subject to an insolvency event (the insolvent participant b: the settlement is effected after the insolvent participant becomes subject to an insolvency event. 2: Despite subsection (1) section 156R(1) a: the settlement is effected within 24 hours after the insolvent participant becomes subject to an insolvency event; or b: the settlement instruction that gives rise to the settlement is duly authorised on behalf of the insolvent participant after the insolvent participant becomes subject to an insolvency event. 3: For the purposes of subsection (2) authorised on behalf of the insolvent participant a: a liquidator appointed under Part 16 of the Companies Act 1993 or under any other Act; or b: an administrator appointed in accordance with subpart 2 of Part 15A of the Companies Act 1993; or c: a statutory manager appointed in accordance with section 38 of the Corporations (Investigation and Management) Act 1989; or d: a statutory manager appointed in accordance with section 117 of this Act; or e: a person who performs a role similar to those set out in paragraphs (a) to (d) section 156M(2)(a)(i) to (v) f: a person who is authorised to do so under any enactment or rule of law of New Zealand or of any other country in which the insolvent participant was incorporated, created, or established; or g: the Assignee nominated under section 59 of the Insolvency Act 2006 to be the Assignee of a bankrupt's property or any person who performs a similar role in respect of a process (whether in New Zealand or in another country) that is, or is similar to, bankruptcy. 156T: Netting is valid and enforceable If the rules of a designated settlement system provide for netting, any netting in accordance with those rules is valid and enforceable despite any enactment or rule of law to the contrary. 156U: Interrelationship between netting and Companies Act 1993 and Insolvency Act 2006 1: The following provisions do not apply to any netting in accordance with the rules of a designated settlement system: a: sections 310 to 310O of the Companies Act 1993: b: sections 254 to 262 of the Insolvency Act 2006. 2: However, a netted balance is to be treated as— a: an amount to which section 310(1) of the Companies Act 1993 applies if a company that is in liquidation and another party (both of whom are participants in a designated settlement system) also have mutual credits, mutual debts, or other mutual dealings between them that are not netted in accordance with the rules of the designated settlement system; and b: an amount to which section 254(1) of the Insolvency Act 2006 applies if the bankrupt (as defined in section 3 of that Act) and another party (both of whom are participants in a designated settlement system) also have mutual credits, mutual debts, or other mutual dealings between them that are not netted in accordance with the rules of the designated settlement system. 156V: Underlying transactions, settlements, and limits on effect of sections 156Q, 156R, and 156T 1: Nothing in section 156Q, 156R, or 156T a: the operation of any enactment or rule of law in relation to an underlying transaction (including, without limitation, sections 56, 292, 297, and 298 of the Companies Act 1993 and section 194 of the Insolvency Act 2006); or b: any party from taking action against another party that has acted fraudulently or dishonestly so long as the remedy sought or obtained in respect of that action does not affect the application of section 156Q, 156R, or 156T 2: If a person brings an action under any enactment or rule of law in relation to an underlying transaction (including, without limitation, sections 56, 292, 297, and 298 of the Companies Act 1993 and section 194 of the Insolvency Act 2006), that person may produce evidence of a settlement before the court for the purpose of proving that— a: a participant received value by means of that settlement; and b: the value received was an element of the underlying transaction. 3: Nothing in section 292(4A) of the Companies Act 1993 or section 196 of the Insolvency Act 2006 applies to— a: an underlying transaction; or b: a settlement that was effected in accordance with the rules of a designated settlement system. 4: In this section, underlying transaction a: means a transaction that gave rise to— i: a settlement; or ii: a settlement obligation; but b: does not include— i: a settlement instruction; or ii: a settlement that was effected in accordance with the rules of a designated settlement system; or iii: any novation of the obligations of a participant in a designated settlement system that was completed in accordance with the rules of that designated settlement system. 156W: Interrelationship with other enactments 1: The following enactments prevail over sections 156Q, 156R, and 156T a: sections 122(8) and 127(4) of this Act: b: sections 42(8) and 44(4) of the Corporations (Investigation and Management) Act 1989. 2: This Part prevails over the Insolvency (Cross-border) Act 2006. 156X: Transfer of property in accordance with rules is effective 1: Subsection (2) 2: If this subsection applies, no person may refuse to take an action on the ground that the transfer was not effective. 3: Nothing in this section— a: affects any right a person has to refuse to take an action on any other ground; or b: derogates from section 45G(3) of the Reserve Bank of New Zealand Act 1964 (as continued in force by section 84 of the Public Finance Act 1989). 4: Section 45I of the Reserve Bank of New Zealand Act 1964 (as continued in force by section 84 of the Public Finance Act 1989) must be read subject to this section. 5: Except as provided in this section, this section has effect despite anything to the contrary in any enactment, rule of law, constitution, deed, or agreement. Procedure for making designation 156Y: Application for designation 1: A person who wishes to have a settlement system declared to be a designated settlement system may apply to either of the joint regulators. 2: A joint regulator must, as soon as practicable, advise the other joint regulator if it receives an application. 3: An application must— a: be accompanied by a copy of the rules of the settlement system; and b: be accompanied by any information required by either or both of the joint regulators; and c: set out the contact details and the name or title of the person who is proposed to act as the contact person of the settlement system; and d: be accompanied by the application fee (if any) that is jointly determined by the joint regulators and approved by both the Minister and the Minister responsible for the Securities Act 1978 by notice in the Gazette 4: The joint regulators may, together, produce guidelines relating to the application procedure. 156Z: Consideration of application 1: Both of the joint regulators must consider any application made in accordance with section 156Y 2: In considering an application, each of the joint regulators may have regard to any or all of the following matters: a: the purpose and scope of the settlement system: b: the rules of the settlement system: c: any laws or regulatory requirements relating to the operation of the settlement system and the extent to which the settlement system complies with those laws or regulatory requirements: d: relevant international standards concerning clearing and settlement systems, to the extent that they are relevant in the circumstances: e: the capability and capacity of the operators of the settlement system: f: the financial resources of the settlement system: g: the importance of the settlement system to the financial system: h: the impact on creditors of participants in the settlement system of specifying that an operator of the settlement system is an operator to whom section 103A i: any other matters that the regulator considers appropriate. 3: In considering an application, each of the joint regulators must consider whether the settlement system should be specified to be a pure payment system. 4: In considering an application, each of the joint regulators may have regard, or refer, to, and may rely upon, any relevant information, work, or matter held, or produced, by the other joint regulator. 156ZA: Decision on application 1: After considering an application, the joint regulators must, together, either— a: make a joint recommendation to both the Minister and the Minister responsible for the Securities Act 1978 that the settlement system to which the application relates be declared to be a designated settlement system under section 156N b: refuse to make that recommendation. 2: If subsection (1)(b) a: that the joint regulators refuse to make a recommendation that the settlement system to which the application relates be declared to be a designated settlement system under section 156N b: the reasons for the joint regulators' refusal. Amendments to rules 156ZB: Joint regulators must be notified of proposed amendments to rules 1: The specified operator of a designated settlement system must, as soon as practicable, notify either of the joint regulators of any amendment that is proposed to be made to the rules of that designated settlement system. 2: A joint regulator must, as soon as practicable, advise the other joint regulator if it receives notice of a proposed amendment to the rules of a designated settlement system. 156ZC: Proposed amendments to rules may be disallowed 1: The joint regulators may disallow any amendment that is proposed to be made to the rules of a designated settlement system by giving notice to that effect to the contact person of that designated settlement system on or before the day that is 20 working days after the date on which either of the joint regulators first received notice of the proposed amendment under section 156ZB(1) 2: If the joint regulators disallow a proposed amendment in accordance with subsection (1) a: the proposed amendment does not come into effect; and b: the rules of the designated settlement system continue to apply as they did before the amendment was proposed. 3: If the joint regulators do not disallow a proposed amendment in accordance with subsection (1) a: the earlier of— i: the day after the date on which the contact person of the designated settlement system receives notice from the joint regulators that they have decided not to disallow the proposed amendment; or ii: the day that is 21 working days after the date on which either of the joint regulators first received notice of the proposed amendment under section 156ZB(1) b: any later date that is specified as part of the proposed amendment. Variation and revocation of designation 156ZD: Variation of designation The Governor-General may, by Order in Council, on the advice of both the Minister and the Minister responsible for the Securities Act 1978 given in accordance with a joint recommendation of the joint regulators, vary any designation made under section 156N a: by amending any of the matters referred to in section 156N(2)(b) to (d) and (3)(b) to (d) b: by making the designation subject to a requirement that an amendment be made to the documents that evidence the rules of the settlement system that is the subject of the designation; or c: by revoking or amending any condition to which the designation is subject; or d: by making the designation subject to a new condition. 156ZE: Revocation of designation The Governor-General may, by Order in Council, on the advice of both the Minister and the Minister responsible for the Securities Act 1978 given in accordance with a joint recommendation of the joint regulators, revoke any designation made under section 156N 156ZF: Settlement and netting not affected by variation or revocation of designation The variation or revocation of a designation made under section 156N sections 156Q, 156R, and 156T 156ZG: Application for variation or revocation of designation 1: A person who wishes to have the designation made under section 156N 2: A joint regulator must, as soon as practicable, advise the other joint regulator if it receives an application. 3: An application must be accompanied by the application fee (if any) that is jointly determined by the joint regulators and approved by both the Minister and the Minister responsible for the Securities Act 1978 by notice in the Gazette 156ZH: Either joint regulator may independently begin review of designation 1: Either of the joint regulators may, independently of the other joint regulator and without having received an application under section 156ZG section 156N 2: A joint regulator must, as soon as practicable, advise the other joint regulator if it begins a review to determine whether to recommend a variation or revocation of a designation made under section 156N 3: No fee can be charged if a joint regulator begins a review under subsection (1) 156ZI: Matters joint regulators may have regard to in recommending variation or revocation of designation 1: In determining whether to make a recommendation that any designation made under section 156N a: the purpose and scope of the designated settlement system: b: the rules of the designated settlement system: c: any laws or regulatory requirements relating to the operation of the designated settlement system and the extent to which the designated settlement system complies with those laws or regulatory requirements: d: relevant international standards concerning clearing and settlement systems, to the extent that they are relevant in the circumstances: e: the capability and capacity of the operators of the settlement system: f: the financial resources of the settlement system: g: the importance of the designated settlement system to the financial system: h: the impact on creditors of participants in the settlement system of specifying, or no longer specifying, that an operator of the settlement system is an operator to whom section 103A i: any failure to comply with any condition to which the designation is subject: j: any failure to comply with the requirements of this Act: k: any other matters that the joint regulator considers appropriate. 2: In determining whether to make a recommendation that any designation made under section 156N 156ZJ: Procedure for variation or revocation of designation 1: Before making a recommendation that any designation made under section 156N a: give the contact person notice of— i: the reasons for proposing to vary or revoke the designation; and ii: the fact that the contact person may make submissions to the joint regulators in relation to the proposed variation or revocation; and b: give the contact person an opportunity to make those submissions within a time period that the joint regulators consider reasonable in the circumstances; and c: consider any submissions made by the contact person during that time period. 2: The notice referred to in subsection (1)(a) Obligations to give notice and supply information 156ZK: Contact person must be notified of insolvency event 1: This section applies if— a: a participant in a designated settlement system ( participant A b: any other participant whose settlements are effected by participant A in accordance with the rules of that designated settlement system becomes subject to an insolvency event. 2: If this section applies, participant A must, as soon as practicable after becoming aware of the insolvency event, notify that fact to the contact person of that designated settlement system. 3: It is sufficient compliance with the requirement to notify the contact person under subsection (2) a: participant A takes all reasonable steps to comply with that requirement; or b: the contact person was already aware of the insolvency event by the time participant A had to notify the contact person under that subsection. 156ZL: Supply of information relating to designated settlement system 1: The joint regulators may, by notice in writing, require any or all of the following persons to supply the joint regulators with any information relating to any designated settlement system: a: the specified operator of the designated settlement system: b: a participant in the designated settlement system: c: the contact person of the designated settlement system. 2: The joint regulators may exercise the power conferred by subsection (1) 3: A notice under subsection (1) a: the periods for which, and the form in which, the information must be supplied; and b: the manner in which the information must be verified. 4: A person commits an offence if the person, without lawful justification or excuse, fails to supply information in accordance with this section. 5: The penalty for an offence against this section is set out in section 156ZQ Disclosure of information 156ZM: Disclosure of information between joint regulators 1: No obligation as to secrecy or other restriction upon the disclosure of information, whether imposed by an enactment or otherwise, prevents the disclosure of information between either of the following persons: a: the Bank; and b: the Commission. 2: Subsection (1) a: obtained for the purposes of the administration of this Part, whether under sections 156Z(4), 156ZI(2), or 156ZL b: that is disclosed by the Bank or the Commission in order to enable them to perform their functions and duties, or exercise their powers, under this Part. 156ZN: Disclosure of information to third parties 1: The joint regulators may publish or disclose any information or data supplied in accordance with section 156Y(3)(b) or 156ZL a: the information or data is available to the public under any Act or is otherwise publicly available information; or b: the information or data is in a statistical or summary form; or c: the publication or disclosure of the information or data is for the purposes of, or in connection with, the exercise of powers conferred by this Act; or d: the publication or disclosure of the information or data is to any central bank, authority, or body in any other country that performs functions and duties that correspond with, or are similar to, those conferred on the joint regulators under this Part, and the joint regulators are satisfied that the information or data will be used by that central bank, authority, or body for the purpose of performing those functions or duties; or e: the publication or disclosure of the information or data is to any person who the joint regulators are satisfied has a proper interest in receiving the information; or f: the publication or disclosure of the information or data is with the consent of the person to whom the information relates or of the person to whom the information is confidential. 2: The joint regulators must not publish or disclose information or data under subsection (1)(d) or (e) 3: An officer or employee of either of the joint regulators must not publish or disclose any information or data supplied in accordance with section 156Y(3)(b) or 156ZL 4: An officer or employee of either of the joint regulators commits an offence if the officer or employee contravenes this section. 5: The penalty for an offence against this section is set out in section 156ZQ 156ZO: Limits on further disclosure of information 1: A person to whom any information or data is published or disclosed must not publish, disclose, or use that information or data unless the publication, disclosure, or use is,— a: in the case of a publication or disclosure under section 156ZN(1)(c) i: for the purposes of, or in connection with, the exercise of powers conferred by this Act; and ii: in accordance with any conditions that may be imposed by the joint regulators: b: in the case of a publication or disclosure under section 156ZN(1)(e) i: authorised by the joint regulators and in accordance with any conditions that may be imposed by the joint regulators; or ii: necessary or desirable for the performance of any function or duty, or the exercise of any power, conferred by any enactment: c: in the case of a publication or disclosure under section 156ZN(1)(f) 2: A person commits an offence if the person contravenes this section. 3: The penalty for an offence against this section is set out in section 156ZQ 156ZP: Application of other enactments to information published or disclosed under section 156ZN Nothing in any Act, other than this Act or the Official Information Act 1982, requires the joint regulators or any person to whom information or data has been published or disclosed under section 156ZN Penalties for offences against this Part 156ZQ: Penalties for offences 1: A person who commits an offence under any of the provisions listed in subsection (2) a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $100,000; or b: in the case of a body corporate, to a fine not exceeding $750,000. 2: The provisions are— a: section 156ZL b: section 156ZN section 156ZL c: section 156ZO 2: Savings provision and amendments to other Acts Savings provision 7: Amendments do not affect existing designations 1: The amendments to the Reserve Bank of New Zealand Act 1989 a: the designations declared under the Reserve Bank of New Zealand (Designated Payment Systems) Order 2004 Order b: any variations made to those designations before the date on which this Act came into force. 2: However,— a: the settlement systems to which the designations declared under the Order apply must be treated as if they have been specified to be pure payment systems in accordance with section 156N(3)(d) section 156P b: any person who is an operator of any of those settlement systems on the date on which this Act comes into force must be treated as if that person had been specified as the specified operator of the relevant settlement system in accordance with section 156N(2)(c) c: any amendment to the rules of those settlement systems, or any variation or revocation of the designation of those settlement systems, made after the date on which this Act came into force must be made in accordance with the Reserve Bank of New Zealand Act 1989 section 156N Amendments to Securities Act 1978 8: Amendments to Securities Act 1978 Sections 9 to 11 Securities Act 1978 2009-11-24 Securities Act 1978 9: Functions of Commission Section 10(1) da: to keep under review the law and practices relating to settlement systems (as defined in Part 5C section 156N(3)(d) . 10: Issuers to issue certificates evidencing securities Section 54 3: Nothing in this section applies to an issuer in respect of securities that are approved for transfer under, or in accordance with the rules of, a system that does not require a certificate for the transfer of securities. 4: In this section,— certificate system a: a system authorised or approved under the Securities Transfer Act 1991: b: a designated settlement system (as defined in section 156M 11: Schedule 1 amended Schedule 1 Part 5C Amendments to Corporations (Investigation and Management) Act 1989 12: Amendments to Corporations (Investigation and Management) Act 1989 Sections 13 and 14 Corporations (Investigation and Management) Act 1989 2009-11-24 Corporations (Investigation and Management) Act 1989 13: Moratorium 1: Section 42(8) payment settlement 2: Section 42(9) 156L 156M 14: Statutory manager may suspend payment of money owing Section 44(4) 156R 156T Amendments to Companies Act 1993 15: Amendments to Companies Act 1993 Sections 16 to 19 Companies Act 1993 2009-11-24 Companies Act 1993 16: Interpretation Section 2(1) designated settlement system section 156M . 17: Transfer of shares under approved system 1: Section 85 1A: If shares in a company are transferred in accordance with the rules of a designated settlement system, the company may refuse to complete or delay the registration of the transfer of the shares if— a: the board of the company resolves, within 30 working days of the date on which the settlement was effected, to refuse or delay registration of the transfer, and the resolution sets out in full the reasons for doing so; and b: notice of the resolution, including those reasons, is sent to the transferor and to the transferee within 5 working days of the resolution being passed by the board; and c: this Act or the constitution of the company expressly permits the board to refuse or delay registration for the reasons stated. 2: Section 85(2) a: omitting subsection (1) subsections (1) and (1A) b: inserting effected in accordance with the rules of a designated settlement system, or transfer of shares 18: Share certificates Section 95 2: Nothing in subsections (1) or (5) applies in relation to a company the shares in which can be transferred in accordance with the rules of a designated settlement system, or under a system authorised or approved under the Securities Transfer Act 1991, that does not require a share certificate for the transfer of shares. 19: Power to disclaim onerous property Section 269(2)(b)(iii) payment settlement Amendments to Personal Property Securities Act 1999 20: Amendments to Personal Property Securities Act 1999 Sections 21 and 22 Personal Property Securities Act 1999 2009-11-24 Personal Property Securities Act 1999 21: Priority of purchase money security interest in collateral or its proceeds, other than inventory or intangibles Section 73 2: However, section 103A 22: New heading and section 103A inserted The following heading and section are inserted after section 103 Priority of interests of certain operators of designated settlement system 103A: Priority of interests of certain operators of designated settlement system 1: The interest of an operator in personal property has priority over any security interest (including a purchase money security interest) in the same personal property if a participant in a designated settlement system has, in accordance with the rules of that designated settlement system,— a: either— i: granted a security interest in that personal property in favour of the operator; or ii: transferred that personal property, or the operator's interest in that personal property, to the operator; and b: taken that action for the purpose of, or in connection with, either— i: effecting a settlement in accordance with the rules of that designated settlement system; or ii: mitigating a loss that may be incurred by the operator if the participant defaults. 2: Subsection (3) a: the interest of an operator in personal property has priority under subsection (1) b: that interest is a security interest; and c: the relevant participant has defaulted. 3: If this subsection applies, the operator— a: does not have to comply with section 114(1) in respect of that personal property; and b: may immediately apply the personal property, in accordance with the rules of the designated settlement system,— i: to satisfy the participant's obligations in respect of which the participant is in default; or ii: to mitigate any loss incurred by the operator as a result of the participant's default. 4: Whether a loss has been incurred and whether a participant has defaulted, for the purposes of this section, must be determined by reference to, and in accordance with, the rules of the designated settlement system. 5: This section overrides anything in this Act to the contrary. 6: In this section,— operator section 156N(3)(c) participant a: means a person who has agreed to participate in a settlement system in accordance with the rules of that system; and b: includes an operator of a designated settlement system if the designation under section 156N(3)(b) rules paragraph (b) section 156M 7: In this section, designated settlement system settlement 156M

DLM2044500

2009

Local Government (Tamaki Makaurau Reorganisation) Act 2009

1: Title This Act is the Local Government (Tamaki Makaurau Reorganisation) Act 2009. 2: Commencement 1: Subject to subsections (3) and (4) 2: 3: Sections 27 28 4: Subparts 3 4 section 26 Section 2(1) amended 15 June 2010 section 5(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(2) repealed 15 June 2010 section 5(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(3) amended 15 June 2010 section 5(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(4) added 15 June 2010 section 5(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 1: Preliminary provisions 3: Background and purpose of Act 1: Local government arrangements for the Auckland region have caused considerable concern for at least 49 years. 2: Over the next 99 years, it is expected that the Auckland region will face enormous change brought about by global economic, environmental, and political forces. Local trends, including high population growth, add to the challenges and opportunities the region faces. To meet these challenges and opportunities, Auckland requires local and regional governance of the highest standard. 3: Accordingly, a Royal Commission was established in October 2007 to inquire into, investigate, and recommend local government arrangements for the Auckland region over the foreseeable future ( Gazette 4: The Royal Commission reported to the Government on 25 March 2009, its principal recommendation being that the local authorities governing the Auckland region be dissolved and a single entity be formed to replace them (Royal Commission on Auckland Governance, Report: Royal Commission on Auckland Governance 5: The Government considered the Royal Commission's report and agreed with many of its recommendations, including the creation, through legislation, of— a: a single governing body for the Auckland region; and b: an entity to effect the necessary changes. 6: The Government also determined that the legislation should be enacted so that the members of the governing body and second tier bodies be elected at the October 2010 local government triennial general elections. 7: The purpose of this Act, therefore, is— a: b: to dissolve the existing local authorities that govern the Auckland region (being 1 regional and 7 territorial authorities) on 1 November 2010 c: to establish an entity to facilitate the transition to the new local government arrangements; and d: to require the existing local authorities and other local government organisations to support the reorganisation by both doing specified things and refraining from doing specified things; and da: to provide for the Governor-General, Ministers, and other public officials and bodies to undertake specified duties to facilitate the reorganisation; and e: to make any necessary amendments to any other enactments. Section 3(7)(a) repealed 15 June 2010 section 6(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 3(7)(b) amended 15 June 2010 section 6(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 3(7)(da) inserted 15 June 2010 section 6(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 4: Outline of Act 1: The general scheme and effect of this Act is set out in the following subsections. This section is by way of explanation only and does not limit or affect the other provisions of this Act. 2: Part 1 3: 4: Part 3 5: Subpart 1 of Part 3 6: Subpart 2 of Part 3 transition period 7: Subpart 3 8: Subpart 4 Section 4(3) repealed 15 June 2010 section 7(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(4) amended 15 June 2010 section 7(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(7) substituted 15 June 2010 section 7(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(8) added 15 June 2010 section 7(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 5: Interpretation 1: In this Act, unless the context otherwise requires,— Auckland section 4(1) Auckland Council Council section 4(1) Auckland Transition Agency Transition Agency section 10 Auckland Transport section 38 boundary adjustment order a: made under section 35 b: that gives effect to the Local Government Commission's determination of the boundaries of Auckland in accordance with section 33 c: published in the Gazette existing local authority a: means the Auckland Regional Council, the Auckland City Council, the Franklin District Council, the Manukau City Council, the North Shore City Council, the Papakura District Council, the Rodney District Council, and the Waitakere City Council; but b: in subparts 3 existing local government organisation a: means— i: an existing local authority; and ii: a council-controlled organisation of an existing local authority; and b: includes— i: Watercare Services Limited and any subsidiary of Watercare Services Limited; and ii: Ports of Auckland Limited and any subsidiary of Ports of Auckland Limited; and iii: Auckland Regional Transport Authority (established under section 7 2004) and any subsidiary of the Auckland Regional Transport Authority; iv: Auckland Regional Holdings (established under section 18 and any subsidiary of Auckland Regional Holdings Minister Local Government Act 2002 receiving entity the second column of Schedule 4 reorganisation terminating organisation the first column of Schedule 4 transition period a: commences on the day after the date on which this Act receives the Royal assent; and b: expires on the close of 31 October 2010. 2: Unless the context otherwise requires, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002 Section 5(1) Auckland substituted 15 June 2010 section 8(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) Auckland Council Council substituted 15 June 2010 section 8(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) Auckland Transport inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) boundary adjustment order inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local authority substituted 15 June 2010 section 8(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local government organisation amended 15 June 2010 section 8(5) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local government organisation amended 15 June 2010 section 8(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) receiving entity inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) terminating organisation inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 6: Relationship with Local Government Act 2002, Local Government (Auckland) Amendment Act 2004, Local Government Act 1974, and Local Electoral Act 2001 If there is any inconsistency between this Act and the Local Government Act 2002 Local Government (Auckland) Amendment Act 2004 Local Government Act 1974 Local Electoral Act 2001 7: Act binds the Crown This Act binds the Crown. 8: Act repealed on close of 1 November 2010 This Act is repealed on the close of 1 November 2010. 2010-11-02 Local Government (Tamaki Makaurau Reorganisation) Act 2009 2: Auckland Council Part 2 repealed 15 June 2010 section 9 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 9: Auckland Council established Section 9 repealed 15 June 2010 section 9 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 3: Transitional arrangements 1: Auckland Transition Agency 10: Auckland Transition Agency established 1: This section establishes the Auckland Transition Agency (which must only be known as the Auckland Transition Agency). 2: The Transition Agency is a body corporate with perpetual succession. 3: For the purpose of performing its functions and duties, the Transition Agency has— a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and b: for the purposes of paragraph (a), full rights, powers, and privileges. 4: Subsections (2) and (3) are subject to this Act, any other enactment, and the general law. 11: Governing body of Transition Agency 1: The Transition Agency must have a governing body consisting of a chairperson and no fewer than 2 but no more than 5 other members appointed by the Minister. 2: The governing body is responsible and accountable for the exercise of the powers and the performance of the functions and duties of the Transition Agency. 3: The Minister must notify appointments to the governing body in the Gazette 4: Schedule 1 Section 11(4) amended 15 June 2010 section 10 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 12: Chief executive of Transition Agency 1: The governing body of the Transition Agency must appoint a chief executive for the Transition Agency. 2: The chief executive is responsible for— a: implementing the decisions of the governing body; and b: providing advice to the governing body; and c: maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Transition Agency; and d: employing, on behalf of the Transition Agency, the staff of the Transition Agency; and e: negotiating the terms of employment of the staff of the Transition Agency; and f: establishing and maintaining an interests register in relation to the governing body. Functions and duties of Transition Agency 13: Functions and duties of Transition Agency 1: The Transition Agency has the following functions and duties: a: to plan and manage all matters in relation to the reorganisation to ensure that the Auckland Council is ready to function on and from 1 November 2010: b: to advise the Minister on any matter associated with the reorganisation, including in relation to existing or proposed legislation: c: to report to the Minister,— i: at regular intervals, on progress in relation to the reorganisation and on the matters referred to in clause 15 Schedule 1 ii: at the end of the transition period, by submitting a final report on its affairs for presentation to the House of Representatives (together with the financial statements required by section 45J ca: to approve a process for, and oversee, the planning and management of the integration of Auckland's water supply and wastewater services by Watercare Services Limited (acting under section 30A cb: to do the following in relation to waste management and minimisation: i: oversee the work, if any, of the existing local authorities in preparation for the first waste assessment that the Auckland Council will make under section 50(2) ii: oversee the preparation by the existing local authorities of detailed proposals for achieving long-term integrated waste management and minimisation planning and services in Auckland (including proposals for managing waste contracts, leases, and other arrangements in relation to waste); and iii: prepare options on these matters for consideration by the Auckland Council: cc: to develop, in consultation with the Secretary for Internal Affairs, proposals in relation to the establishment of an Ethnic Peoples Advisory Panel to the Auckland Council (as required by section 86 d: to provide information to existing local government organisations and their employees in relation to the reorganisation: e: to provide information to the public of Auckland, or any section of that public, as it thinks fit, in relation to the reorganisation: f: to second employees from any existing local government organisation to the Transition Agency: g: to carry out any other functions conferred on the Transition Agency by or under this Act or any other enactment, including— i: appointing an electoral officer under section 14 section 15 ii: appointing a chief executive for an existing local authority under section 16 iii: appointing an interim chief executive for the Auckland Council under section 17 iv: assisting and supporting the interim chief executive of the Auckland Council in carrying out his or her responsibilities under sections 18 18B section 19 iva: preparing a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012 section 19A ivb: establishing a waterfront development entity as a council-controlled organisation of the Auckland Council under section 19B v: reviewing, under section 20 vi: confirming a decision made by an existing local government organisation under section 21 ; and vii: making arrangements under section 21A 21C 2: Without limiting subsection (1)(a), the Transition Agency must— a: develop an organisational structure for the Auckland Council so that it can operate efficiently and effectively on and from 1 November 2010; and b: develop a change management plan that includes protocols and processes for managing— i: the transition of assets from existing local government organisations to give effect to the new local governance arrangements for Auckland; and ii: the transition or termination of staff from existing local government organisations to give effect to the new local governance arrangements for Auckland, having regard to the existing employment agreements applying to the staff. 3: The Transition Agency, in exercising its powers or performing its functions and duties, must ensure that— a: its activities are conducted efficiently and effectively (including in a cost-effective manner); and b: it operates in a financially responsible manner; and c: key local government projects in Auckland are not hindered or interrupted. 4: An employee of an existing local government organisation who is seconded to the Transition Agency under subsection (1)(f) continues to be employed and remunerated— a: by the existing local government organisation; and b: on terms and conditions that are agreed between the Transition Agency, the existing local government organisation, and the employee. 5: Nothing in subsection (1)(ca) applies to stormwater drainage services. Section 13(1)(c)(i) amended 15 June 2010 section 11(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(ca) inserted 23 September 2009 section 38(1) Local Government (Auckland Council) Act 2009 Section 13(1)(cb) inserted 15 June 2010 section 11(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(cc) inserted 15 June 2010 section 11(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(iv) amended 15 June 2010 section 11(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(iva) inserted 23 September 2009 section 38(2) Local Government (Auckland Council) Act 2009 Section 13(1)(g)(iva) amended 15 June 2010 section 11(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(ivb) inserted 15 June 2010 section 11(5) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(vi) amended 15 June 2010 section 11(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(vii) added 15 June 2010 section 11(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(2)(b) substituted 15 June 2010 section 11(7) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(5) added 23 September 2009 section 38(3) Local Government (Auckland Council) Act 2009 14: Appointment of electoral officer for October 2010 triennial general elections 1: No later than 31 October 2009, the Transition Agency must appoint an electoral officer for Auckland to exercise the powers and carry out the duties conferred on an electoral officer by or under Local Electoral Act 2001 2: For the purposes of this section, the electoral officer must exercise those powers and carry out those duties as if section 6 3: For the purposes of the October 2010 triennial general elections,— a: the elections for the Auckland Council must section 5(1) b: the members of the Auckland Council (other than the mayor) must be elected by the electors of each ward of Auckland (as those wards and the number of members for each ward are determined by the Local Government Commission under section 34(1)(d) section 35 ; and c: the election of members of the Waitakere and Portage Licensing Trusts must be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) Section 14(1) amended 15 June 2010 section 12(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(2) amended 15 June 2010 section 12(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3) added 23 September 2009 section 39 Local Government (Auckland Council) Act 2009 Section 14(3)(a) amended 15 June 2010 section 12(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3)(b) amended 15 June 2010 section 12(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3)(c) added 15 June 2010 section 12(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 15: Determination of certain electoral matters For the purposes of preparing for the October 2010 triennial general elections, the Transition Agency has the powers of a local authority— a: under section 79 b: under regulation 31 16: Appointment of chief executive of existing local authority if vacancy arises during transition period 1: Subsection (2) applies if, during the transition period, the position of chief executive of an existing local authority becomes vacant. 2: The Transition Agency must appoint a person to the position on the terms and conditions, and for the period, that it considers appropriate having regard to the requirements of this Act and clause 33 3: In making an appointment, the Transition Agency must consult the governing body of the existing local authority. 4: To avoid doubt, clauses 34 35 17: Appointment of interim chief executive for Auckland Council 1: The Transition Agency must, as soon as practicable, appoint a chief executive for the Auckland Council for a term ending no later than 29 June 2012. 2: In making an appointment under subsection (1), the Transition Agency must have regard to— a: the matters that a local authority must consider in relation to appointing a chief executive under clause 33 b: the skills and experience required of a chief executive in order i: prepare for the establishment of the Auckland Council on 1 November 2010; and ii: exercise the powers set out in sections 18 18A 18B iii: provide effective leadership of the staff and management of the systems and resources of the Council during its infancy. 3: Section 17(2)(b) amended 15 June 2010 section 13(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 17(2)(b)(ii) amended 15 June 2010 section 13(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 17(3) repealed 15 June 2010 section 13(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 18: Interim chief executive may appoint staff , enter into contracts, and call first meeting of Council 1: A chief executive appointed under section 17 a: employ, on behalf of the Council, staff for the Council (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and b: on behalf of the Council, enter into contracts, leases, and other agreements to enable the Council to operate efficiently and effectively on and from 1 November 2010 ; and c: exercise the duties of a chief executive under clause 21 2: In acting under subsection (1)(a), the chief executive must follow the change management plan developed under section 13(2)(b) 3: For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 a: any appointment made under subsection (1)(a) by him or her before 1 November 2010 is— i: deemed to be made with the express authority of the Auckland Council; and ii: valid and enforceable; and b: any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is— i: deemed to be entered into with the express authority of the Auckland Council; and ii: valid and enforceable. 4: Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010. Section 18 heading amended 15 June 2010 section 14(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(1)(b) amended 15 June 2010 section 14(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(1)(c) added 15 June 2010 section 14(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(3) amended 15 June 2010 section 14(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 18A: Interim chief executive must enter contract with Watercare Services Limited for collection of water rates 1: The chief executive appointed under section 17 section 53 a: deliver rates invoices under section 46(4) b: collect payments of the specified rates in respect of the invoices referred to in paragraph (a); and c: carry out any matter ancillary to the matters referred to in paragraphs (a) and (b). 2: The contract— a: may provide for Watercare Services Limited to retain all money received by it under subsection (1)(b) for the purposes of section 32(3) b: must not provide for Watercare Services Limited to be reimbursed for the administrative costs (other than extraordinary costs) associated with the delivery of rates invoices and the collection of payments. 3: In this section, specified rates section 19 a: in accordance with section 29B b: in respect of any water supply services that will, from 1 November 2010, be provided by Watercare Services Limited. Section 18A inserted 15 June 2010 section 15 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 18B: Interim chief executive must ensure arrangements for Auckland rating information database and district valuation roll 1: In order to assist the implementation of a single integrated Council rating policy from 1 July 2012 for Auckland, the chief executive appointed under section 17 must make arrangements to ensure that— a: a single rating information database for Auckland is prepared under the Local Government (Rating) Act 2002 b: a district valuation roll for Auckland is prepared under the Rating Valuations Act 1998 c: the district valuation roll represents values current as at 1 July 2011. 2: The chief executive must notify the Valuer-General, no later than 1 October 2010, of the arrangements made to give effect to the obligations under subsection (1) and, in doing so, must include the following information (supplied in accordance with section 8 a: the person or body who is to undertake the valuation services; and b: the values and valuation bases proposed to be implemented or used in preparing the valuation roll and related information. 3: In this section, district valuation roll valuation services section 2(1) rating information database section 5 Section 18B inserted 15 June 2010 section 15 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 19: Transition Agency may exercise powers under section 18 or 18B The Transition Agency may exercise the powers of the chief executive described in section 18 18B a: with the agreement of the chief executive; or b: as the chief executive, if no person is, for the time being, appointed under section 17 Section 19 heading amended 15 June 2010 section 16(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 19 amended 15 June 2010 section 16(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 19A: Preparation of planning document 1: The Transition Agency must prepare a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012. 2: In preparing the document, the Transition Agency— a: must make an initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards; and b: must prepare estimated budgets for the 2011/2012 financial year for each local board, based upon the projected costs of the local activities in each local board area for the 2010/2011 financial year; and c: must ensure that the document complies with the requirements of Schedule 2 3: The Transition Agency must allocate responsibilities under subsection (2)(a) in accordance with the principles for allocating responsibilities set out in section 17(2) 4: The Transition Agency must complete the document by 31 October 2010. Section 19A substituted 15 June 2010 section 17 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 19B: Establishment of waterfront development council-controlled organisation 1: The Transition Agency must establish an entity as a council-controlled organisation of the Auckland Council, with responsibility for development of the Auckland waterfront, to operate on and from 1 November 2010. 2: The Transition Agency must establish the entity in a way that complies with— a: the Order in Council made under subsection (3); and b: Part 5 3: The Governor-General must, by Order in Council made on the recommendation of the Minister,— a: specify the objectives of the entity; and b: specify the governance structure of the entity; and c: specify any other details concerning the structure and operation of the entity that the Minister recommends. 4: Without limiting subsection (3)(c), and to avoid doubt, an order made under subsection (3) may specify details concerning the financial structure and operation of the entity. 5: The Minister must not recommend the making of the order without first consulting the Transition Agency. 6: The Minister may appoint initial directors of the entity under section 48 7: For the purposes of subsection (2)(b), Part 5 a: as if the Transition Agency were a local authority; and b: with any necessary modifications, except that— i: sections 56 57(1) ii: the initial constitution of the entity must provide for a review of its provisions by the Auckland Council before 30 June 2012. Section 19B inserted 15 June 2010 section 18 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 19C: Establishment of other council-controlled organisations 1: The Transition Agency must establish the council-controlled organisations (if any) that it is directed to establish in accordance with section 44 2: The Transition Agency must establish a council-controlled organisation to which this section applies in a way that complies with— a: the requirements of the relevant Order in Council; and b: Part 5 c: any other relevant enactment. 3: For the purposes of subsection (2)(b), Part 5 a: as if the Transition Agency were a local authority; and b: with any necessary modifications, except that— i: sections 56 57(1) ii: the initial constitution of the organisation must provide for a review of its provisions by the Auckland Council before 30 June 2012. Section 19C inserted 15 June 2010 section 18 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 20: Review of existing local government organisation decisions and meeting agendas during transition period 1: The Transition Agency may review— a: any decision made by, or on behalf of, an existing local government organisation during the transition period; and b: any item on the agenda for any meeting of an existing local government organisation or any committee of an existing local government organisation to be held during the transition period. 2: Despite subsection (1) section 21(2)(a) 3: The Transition Agency must, without delay, notify an existing local government organisation if it— a: reviews a decision of the organisation under subsection (1)(a); and b: considers, on reasonable grounds, that the decision is a decision to which section 31 4: The Transition Agency must, without delay, notify an existing local government organisation if it— a: reviews an item under subsection (1)(b); and b: considers, on reasonable grounds, that a decision in relation to that item will, or may, be a decision to which section 31 21: Confirmation of decisions of existing local government organisations 1: This section applies to the Transition Agency if an existing local government organisation seeks confirmation of a decision to which section 31 2: The Transition Agency must, as soon as practicable and in writing,— a: confirm the decision; or b: decline to confirm the decision and give reasons for doing so (with reference to the matters in section 31(1) c: if it considers that it has insufficient information to make a decision, request further information from the chief executive and then act under paragraph (a) or (b), as the case may be. 21A: Appointment of interim chief executive for Auckland Transport 1: The Transition Agency must, as soon as practicable, appoint a chief executive for Auckland Transport for a term ending no later than 30 June 2012. 2: In making an appointment under subsection (1), the Transition Agency must have regard to the skills and experience required of a chief executive in order to— a: prepare for the establishment of Auckland Transport on 1 November 2010; and b: exercise the powers set out in section 21B c: provide effective leadership of the staff and management of the systems and resources of Auckland Transport during its infancy. Section 21A inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 21B: Interim chief executive for Auckland Transport may appoint staff and enter into contracts 1: A chief executive appointed under section 21A a: employ staff for Auckland Transport (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and b: enter into contracts, leases, and other agreements to enable Auckland Transport to operate efficiently and effectively on and from 1 November 2010. 2: In acting under subsection (1)(a) section 13(2)(b) 3: For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 Part 4 section 31 a: any appointment made under subsection (1)(a) by him or her before 1 November 2010 is— i: deemed to be made with the express authority of Auckland Transport; and ii: valid and enforceable; and b: any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is— i: deemed to be entered into with the express authority of Auckland Transport; and ii: valid and enforceable. 4: Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010. Section 21B inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 21C: Transition Agency may exercise powers under section 21B in certain circumstances The Transition Agency may exercise the powers of the chief executive described in section 21B a: with the agreement of the chief executive; or b: as the chief executive, if no person is, for the time being, appointed under section 21A Section 21C inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Expenditure and recovery of costs 22: Expenditure to be approved by Ministers The Transition Agency must obtain the approval of the Minister and the Minister of Finance for its budgeted expenditure for the period of its existence. 23: Crown expenses and capital expenditure recoverable from Transition Agency Any expenses or capital expenditure that the Crown incurs in relation to establishing the Transition Agency, or for the purposes of the Transition Agency, constitute a debt due by the Transition Agency to the Crown on the terms and conditions agreed between the Minister, the Minister of Finance, and the Transition Agency. Application of certain enactments to Transition Agency 24: Application of Ombudsmen Act 1975 and Official Information Act 1982 The Ombudsmen Act 1975 Official Information Act 1982 Part 2 25: Application of Public Audit Act 2001 The Public Audit Act 2001 Schedule 2 26: Schedule 4 of Public Finance Act 1989 amended to include Transition Agency Schedule 4 Name or description of organisation SOI 139 Annual report 150 SSP 153 Securities 161 Borrowing 162 Guarantees 163 Derivatives 164 Surplus 165 Auckland Transition Agency 2009-05-25 Public Finance Act 1989 26A: Transition Agency not required to prepare annual financial statements for year ending 30 June 2010 1: Despite sections 154 to 156 section 45M 2: Instead, the financial statements required by section 45J 3: The Auditor-General must— a: audit the financial statements referred to in subsection (2); and b: provide an audit report on them to the Minister and the Auckland Council before 28 February 2011. Section 26A inserted 15 June 2010 section 20 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Dissolution of Transition Agency 27: Dissolution of Auckland Transition Agency 1: The Transition Agency is dissolved on the close of 31 October 2010. 2: Any property of the Transition Agency remaining at the time of its dissolution vests in the Auckland Council. 2A: All information held by the Transition Agency at the time of its dissolution is transferred to the Auckland Council. 2B: All money payable to or by the Transition Agency at the time of its dissolution becomes payable to or by the Auckland Council. 2C: Any rights, liabilities, contracts, entitlements, or engagements of the Transition Agency remaining at the time of its dissolution become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council. 2D: The dissolution of the Transition Agency and the transfer of any property, information, money, rights, liabilities, contracts, entitlements, or engagements to the Auckland Council— a: is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and b: is not to be treated as entitling a person to— i: terminate or cancel or modify a contract, an agreement, or an arrangement; or ii: enforce or accelerate the performance of an obligation; or iii: require the performance of an obligation not otherwise arising for performance; and c: does not release any surety wholly or in part from all or any obligation; and d: does not invalidate or discharge any contract or security. 3: Section 27(2) substituted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2A) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2B) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2C) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2D) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(3) repealed 23 September 2009 section 41 Local Government (Auckland Council) Act 2009 28: Consequential amendment to Public Finance Act 1989 Schedule 4 2010-11-01 Public Finance Act 1989 2: Existing local authorities and local government organisations 29: Obligations of existing local authorities during transition period 1: An existing local authority must continue, subject to the provisions of this subpart, to perform its role as a local authority (as described in section 11 2: An existing local authority must co-operate with the Transition Agency and every other existing local government organisation (including existing local authorities) to facilitate the reorganisation. 3: Without limiting subsection (2), an existing local authority must— a: comply with any reasonable request by the Transition Agency for employees of the existing local authority to be seconded to the Transition Agency under section 13(1)(f) b: comply with any reasonable request by the Transition Agency for any information that the existing local authority holds that is relevant to the reorganisation (including personal information relating to employment matters); and c: act in accordance with section 31 29A: Obligations of existing local authorities in relation to 2010/2011 annual plan 1: This section applies in relation to the annual plan for the financial year commencing 1 July 2010 that each existing local authority is required to prepare and adopt under section 95 2: The annual plan is only required to cover the period from 1 July 2010 to 31 October 2010 (being the period from the commencement of the financial year until the date on which each existing local authority is dissolved under section 35 3: Despite section 95(2) LTCCP 4: An annual plan is not inconsistent with the financial statements and funding impact statement included in the LTCCP for the 2010/2011 financial year because— a: the plan applies to a 4-month period; or b: the plan reflects more accurate estimates of— i: the costs of achieving and maintaining the levels of service provision identified in the LTCCP in respect of that year; or ii: any other costs or expenses identified in the LTCCP in respect of that year; or iii: any revenue or other income of the existing local authority identified in the LTCCP in respect of that year. 5: An existing local authority must consult the Transition Agency throughout the preparation of the annual plan. 6: Except to the extent that it is modified by this section, section 95 7: Nothing in subsection (5) limits or affects the obligations imposed on an existing local authority under section 29 31 Section 29A inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009 29B: Rates and other revenue mechanisms 1: Each existing local authority must set each rate and any other revenue mechanism provided for in the funding impact statement included in the annual plan to which section 29A 2: Subsection (1) applies despite the annual plan only covering the 4-month period from 1 July 2010 to 31 October 2010. 3: In setting each rate or other revenue mechanism, an existing local authority must ensure that the rate or mechanism is set at a level sufficient to meet— a: the amount of funds required from the mechanism (as set out in the funding impact statement) for the 4-month period; and b: the amount of funds that would be required from the mechanism for the balance of the financial year, if the requirements identified in paragraph (a) continued for that period. Section 29B inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009 29C: Obligations of existing local authorities in relation to 2009/2010 1: An existing local authority is not required to prepare and adopt an annual report for the 2009/2010 financial year. 2: Instead, a report for the period 1 July 2009 to 31 October 2010 must be prepared by each existing local authority for completion and adoption 3: Sections 98 99 Section 29C inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009 Section 29C heading amended 15 June 2010 section 22(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 29C(2) amended 15 June 2010 section 22(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 29C(3) amended 15 June 2010 section 22(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 29D: Obligations of existing local authorities under section 79 of Resource Management Act 1991 An existing local authority that works on the development of a regional policy statement, regional plan, or district plan to be made by the Auckland Council after 1 November 2010 is deemed to have complied with section 79 Section 29D inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 29E: Obligations of existing local authorities in relation to October 2010 triennial general elections 1: For the purposes of preparing for the October 2010 triennial general elections in Auckland, each existing local authority that is a territorial authority must, no later than 1 July 2010,— a: make a bylaw, or amend an existing bylaw,— i: to give effect, within its district, to the rules and requirements set out in Schedule 3 ii: that identifies all the land owned by the existing local authority on which signs may be erected in accordance with the bylaw; and b: revoke any existing bylaw or part of any bylaw that is inconsistent with the rules and requirements set out in Schedule 3 2: Sections 155 156 3: To avoid doubt, subsection (1) does not require the Franklin District Council to make, amend, or revoke any bylaw in respect of any part of its district in which, because of the boundary adjustment order, elections for the Auckland Council will not be held. Section 29E inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 29F: Rodney District Council and Waitakere City Council 2010 revaluations not required 1: The Rodney District Council and the Waitakere City Council are not required to revise their district valuation rolls in 2010 for the purposes of a general revaluation. 2: Subsection (1) applies despite the requirements of— a: section 9(1) b: the Local Government (Rating) Act 2002 Section 29F inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 29G: Auckland Regional Council must ensure sufficient Watercare Services Limited employees appointed as enforcement officers 1: The Auckland Regional Council must ensure that sufficient Watercare Services Limited employees are appointed (with effect no later than the close of 31 October 2010) as enforcement officers under section 177 section 67 2: The Auckland Regional Council must consult the Transition Agency before acting under subsection (1). Section 29G inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 29H: Franklin District Council must prepare and adopt schedules relating to development contributions 1: This section applies to the Franklin District Council in respect of development contributions under subpart 5 2: No later than 30 September 2010, the Council must prepare and adopt— a: a schedule specifying the community facilities— i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Waikato District; and ii: for which development contributions may be required under its development contributions policy; and b: based on the schedule in paragraph (a), a schedule of development contributions payable in respect of those areas; and c: a schedule specifying the community facilities— i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Hauraki District; and ii: for which development contributions may be required under its development contributions policy; and d: based on the schedule in paragraph (c), a schedule of development contributions payable in respect of those areas; and e: a schedule specifying the community facilities— i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of Auckland; and ii: for which development contributions may be required under its development contributions policy; and f: based on the schedule in paragraph (e), a schedule of development contributions payable in respect of those areas. 3: The schedules referred to in subsection (2)(b), (d), and (f) must comply with the requirements of section 202 4: In preparing the schedules, the Franklin District Council is not required to use the special consultative procedure but must consult the Waikato District Council, the Hauraki District Council, and the Transition Agency. 5: Development contributions payable under a schedule referred to in subsection (2)(b), (d), or (f) must not exceed the development contributions payable in the same circumstances and for the same purposes as stated in the development contributions policy. 6: In this section, development contributions policy a: adopted by the Franklin District Council under section 102(4)(d) b: included in its long-term council community plan as at 1 July 2010. Section 29H inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 30: Obligations of existing local government organisations (other than existing local authorities) during transition period 1: This section applies to all existing local government organisations other than existing local authorities. 2: An existing local government organisation must continue, subject to the provisions of this subpart, to fulfil its legal obligations and perform its duties during the transition period. 3: An existing local government organisation must co-operate with the Transition Agency and every other existing local government organisation (including every existing local authority) to facilitate the reorganisation. 4: Without limiting subsection (3), an existing local government organisation must— a: comply with any reasonable request by the Transition Agency for employees of the existing local government organisation to be seconded to the Transition Agency under section 13(1)(f) b: comply with any reasonable request by the Transition Agency for any information that the existing local government organisation holds that is relevant to the reorganisation (including personal information relating to employment matters). 5: In this section, existing local government organisation section 6(1)(a) 30A: Watercare Services to plan and manage integration of water supply and wastewater services 1: Watercare Services Limited must plan and manage the integration of water supply and wastewater services in Auckland— a: under the oversight of the Transition Agency; and b: in accordance with the process approved by the Transition Agency under section 13(1)(ca) c: in a way that ensures that Watercare Sevices Limited becomes the provider of integrated water supply and wastewater services to Auckland. 2: For the purposes of subsection (1), Watercare Services Limited must formulate— a: a plan for the interim management, as from 1 November 2010, of stand-alone water and wastewater schemes within Auckland; and b: detailed proposals for the long-term management and operation of those schemes for consideration by the Auckland Council and its local boards. 3: Nothing in this section applies to stormwater drainage services. Section 30A inserted 23 September 2009 section 43 Local Government (Auckland Council) Act 2009 31: Decision making during transition period 1: Subsections (6) and (7) apply to any decision of an existing local government organisation— a: during the transition period; and b: that may, directly or because of its consequences,— i: significantly prejudice the reorganisation: ii: significantly constrain the powers or capacity of the Auckland Council or any subsidiary of the Auckland Council following the reorganisation: iii: have a significant negative impact on the assets or liabilities that are transferred to the Auckland Council as a result of the reorganisation. 2: Without limiting subsection (1), subsections (6) and (7) apply to any decision— a: made during the transition period by an existing local authority and to which subsection (4) applies; or b: made during the transition period by an existing local government organisation other than an existing local authority and to which subsection (5) applies. 3: However, nothing in subsection (2) applies to Ports of Auckland Limited or any subsidiary of Ports of Auckland Limited. 4: This subsection applies to a decision— a: in respect of which the Transition Agency has notified the existing local authority under section 20 b: to adopt or amend a long-term council community plan or to adopt an annual plan: c: to adopt a policy required by the Local Government Act 2002 d: that is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy or plan adopted by the existing local authority under the Local Government Act 2002 e: to set a rate other than in accordance with its long-term council community plan: f: to purchase or dispose of assets other than in accordance with its long-term council community plan: g: to appoint a chief executive or to modify the terms and conditions on which the chief executive is employed: h: to terminate the chief executive's employment: i: to enter into any contract (other than an employment agreement)— i: that imposes, or will continue to impose, any obligation on the existing local authority after 30 June 2011; and ii: the consideration for which is, or is equivalent to, $20,000 or more: j: to borrow money for a period that extends beyond 30 June 2011: k: to establish, or become a shareholder in, a council-controlled organisation: l: to adopt or amend a policy concerning the appointment or remuneration of directors of a council-controlled organisation: m: to appoint a person as a director of a council-controlled organisation: n: to agree to, or modify, the statement of intent of a council-controlled organisation. 5: This subsection applies to a decision— a: in respect of which the Transition Agency has notified the existing local government organisation under section 20 b: to purchase or dispose of an asset, if the purchase or disposal of the asset will have a material impact on the capacity or financial well-being of the organisation: c: to appoint a chief executive, or to appoint any person to a position established only after the commencement of the transition period: d: to enter into any contract (other than an employment agreement)— i: that imposes, or will continue to impose, any obligation on the organisation after 30 June 2011; and ii: the consideration for which is, or is equivalent to, $20,000 or more: e: to borrow money for a period that extends beyond 30 June 2011. 6: The chief executive of the existing local government organisation must ensure that the decision has been confirmed in writing by the Transition Agency before implementing the decision. 7: A decision to which this section applies is void and of no effect until it is confirmed. 32: No October 2010 triennial general election for existing local authorities 1: Despite section 10 a: a triennial general election is not required to be held on 9 October 2010 for— i: an existing local authority; or ii: a community board of an existing local authority; and b: sections 19H 19ZI 2: Each member of an existing local authority and each member of a community board of an existing local authority remains in office until the close of 31 October 2010. Section 32(2) added 15 June 2010 section 24 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 33: Extraordinary vacancy during transition period Sections 117(2) 118 119 a: in the office of an elected member of an existing local authority or in the office of an elected member of a community board of an existing local authority; and b: at any time during the transition period. 34: Chief executives of existing local authorities 1: The chief executive of an existing local authority is, in addition to the matters set out in section 42(2) section 29(2) 2: Nothing in this Act affects the employment agreement of any person appointed as a chief executive under section 42 34A: Employees of existing local authorities and terminating organisations Part 2 Section 34A added 15 June 2010 section 25 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 3: Dissolution of existing local authorities and other local government organisations Subpart 3 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 35: Dissolution of existing local authorities 1: On 1 November 2010, each existing local authority is dissolved and— a: the functions, duties, and powers of each existing local authority under any enactment become functions, duties, and powers of the Auckland Council; and b: except in respect of terminating organisations, the interests of each existing local authority in any council-controlled organisation or council organisation become interests of the Auckland Council in the council-controlled organisation or council organisation; and c: Part 2 d: all property belonging to each existing local authority vests in the Auckland Council; and e: all information held by each existing local authority is held by the Auckland Council; and f: all money payable to or by each existing local authority becomes payable to or by the Auckland Council; and g: all rights, liabilities, contracts, entitlements, and engagements of each existing local authority become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council; and h: anything done, or omitted to be done, or that is to be done, by, or in relation to, each existing local authority (including, to avoid doubt, the existing community boards of each existing local authority) must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, the Auckland Council; and i: proceedings commenced, continued, or enforced by or against each existing local authority may instead be commenced, continued, or enforced by or against the Auckland Council (without amendment to the proceedings); and j: a matter or thing that would have, but for this section, been completed by an existing local authority must be completed by the Auckland Council. 2: To avoid doubt, the dissolution of an existing local authority does not, of itself, affect any of the following matters: a: any decision made, or anything done or omitted to be done, by the existing local authority in relation to the performance of the authority's functions and duties or the exercise of its powers under any enactment: b: any proceedings commenced by or against the existing local authority: c: any other matter or thing arising out of the existing local authority's performance, or purported performance, of the authority's functions and duties, or the exercise, or purported exercise, of its powers under any enactment. 3: In subsection (1)(b), interests 4: Subsection (1)(a), (b), and (d) to (j) apply in respect of each existing local authority except to the extent that an Order in Council under section 36 37 Section 35 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 36: Vesting of assets, etc, of existing local authorities in entities other than Auckland Council 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: vest any specified assets of an existing local authority in an entity other than the Auckland Council (an alternative entity b: specify any liabilities of an existing local authority as liabilities of an alternative entity: c: specify any rights, obligations, or other matters of an existing local authority as rights, obligations, or other matters of an alternative entity. 2: An order made under this section— a: must be made before 1 November 2010; and b: has effect on and from 1 November 2010; and c: must specify the alternative entity (which must be one of the entities described in section 43(2)(b)(ii) or (iii) 3: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 36 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 37: Vesting of assets, etc, of existing local authorities in Watercare Services Limited 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: vest any specified assets of the existing local authorities that are used for or relate to water supply or wastewater services in Watercare Services Limited: b: specify any liabilities of the existing local authorities that relate to water supply or wastewater services as liabilities of Watercare Services Limited: c: specify any rights, obligations, or other matters of the existing local authorities that relate to water supply or wastewater services as rights, obligations, or other matters of Watercare Services Limited. 2: An order may also— a: identify the total liability of the existing local authorities that— i: relates to water supply or wastewater services (including any relevant portions of general liabilities); and ii: by operation of section 35(1)(g) b: provide for a corresponding debt (however structured), owed by Watercare Services Limited to the Auckland Council. 3: An order made under this section— a: must be made before 1 November 2010; and b: has effect on and from 1 November 2010. 4: The Minister must not recommend the making of an order without first consulting the Transition Agency. 5: In this section,— existing local authorities water supply and wastewater services a: includes both bulk and retail supply and services; but b: does not include— i: water supply or wastewater schemes that are independent of a water supply network or waste-water network, as the case may be, within Auckland: ii: privately owned water supply or wastewater schemes: iii: stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions. Section 37 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 38: Terminating organisations 1: On 1 November 2010, each terminating organisation is dissolved and— a: all property belonging to each terminating organisation vests in its receiving entity; and b: the interests of each terminating organisation in any other council-controlled organisation or council organisation become interests of its receiving entity in the council-controlled organisation or council organisation; and c: Part 2 d: all information held by each terminating organisation is held by its receiving entity; and e: all money payable to or by each terminating organisation becomes payable to or by its receiving entity; and f: all rights, liabilities, contracts, entitlements, and engagements of each terminating organisation become rights, liabilities, contracts, entitlements, and engagements of its receiving entity; and g: anything done, or omitted to be done, or that is to be done, by, or in relation to, each terminating organisation must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, its receiving entity; and h: proceedings commenced, continued, or enforced by or against each terminating organisation may instead be commenced, continued, or enforced by or against its receiving entity (without amendment to the proceedings); and i: a matter or thing that would have, but for this section, been completed by a terminating organisation must be completed by its receiving entity. 2: To avoid doubt, the dissolution of a terminating organisation does not, of itself, affect any of the following matters: a: any proceedings commenced by or against the terminating organisation: b: if the terminating organisation has statutory functions, duties, or powers under any enactment,— i: any decision made, or anything done or omitted to be done, by the organisation in relation to the performance of those functions and duties or the exercise of those powers: ii: any other matter or thing arising out of the organisation's performance, or purported performance, of those functions and duties, or the exercise, or purported exercise, of those powers. 3: No director or board member of a terminating organisation is entitled to any compensation in respect of the termination of his or her office as a result of the dissolution of the organisation under this section. 4: In subsection (1)(b), interests 5: Subsection (1)(a), (b), and (d) to (i) apply in respect of each terminating organisation except to the extent that an Order in Council under section 39 Section 38 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 39: Vesting of assets, etc, of terminating organisations in entities other than receiving entity 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: vest any specified assets of a terminating organisation in an entity other than its receiving entity (an alternative entity b: specify any liabilities of a terminating organisation as liabilities of an alternative entity: c: specify any rights, obligations, or other matters of a terminating organisation as rights, obligations, or other matters of an alternative entity. 2: An order made under this section— a: must be made before 1 November 2010; and b: has effect on and from 1 November 2010; and c: must specify the alternative entity (which must be one of the entities described in section 43(2)(b) 3: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 39 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 40: Obligations of terminating organisations in relation to 2009/2010 annual report 1: A terminating organisation is not required to prepare and adopt an annual report for the 2009/2010 financial year. 2: Instead, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must be prepared by the organisation for completion and adoption by its receiving entity. 3: However, if a terminating organisation does prepare an annual report for the 2009/2010 financial year, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must also be prepared by the organisation for completion and adoption by its receiving entity. 4: Sections 67 68 Section 40 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 41: Auckland Regional Transport committee disestablished 1: On 1 November 2010, the Auckland Regional Transport committee is disestablished and the term of office of every member of the committee ends. 2: No member of the committee is entitled to any compensation in respect of the termination of his or her office under subsection (1). Section 41 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 42: Rights, obligations, etc, not affected by dissolutions, transfers, vestings, etc, effected under this subpart 1: This section applies to the following actions effected under this subpart: a: the dissolution of an existing local authority and the transfer of its property, rights, obligations, etc, to the Auckland Council under section 35 b: the vesting of assets, etc, of an existing local authority in an alternative entity under section 36 c: the vesting of water supply or wastewater services assets, liabilities, etc, of an existing local authority in Watercare Services Limited under section 37 d: the dissolution of a terminating organisation and the transfer of its property, rights, obligations, etc, to its receiving entity under section 38 e: the vesting of assets, etc, of a terminating organisation in an alternative entity under section 39 2: An action to which this section applies— a: is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and b: is not to be treated as entitling a person to— i: terminate or cancel or modify a contract, an agreement, or an arrangement; or ii: enforce or accelerate the performance of an obligation; or iii: require the performance of an obligation not otherwise arising for performance; and c: does not release any surety wholly or in part from all or any obligation; and d: does not invalidate or discharge any contract or security. Section 42 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 4: Miscellaneous provisions Subpart 4 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Governor-General's powers Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 43: Power to amend Schedule 4 1: This section applies only to a council-controlled organisation that is wholly owned or controlled by— a: 1 or more existing local authorities; or b: 1 or more terminating organisations; or c: 1 or more existing local authorities and 1 or more terminating organisations. 2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4 a: identify a council-controlled organisation as a terminating organisation by inserting its name in the first column of that schedule b: identify one of the following entities as the receiving entity for the council-controlled organisation by inserting the name of the entity in the second column of that schedule i: the Auckland Council: ii: an existing local government organisation that, on and from 1 November 2010, by operation of this Act, will be a council-controlled organisation of the Auckland Council: iii: a council-controlled organisation of the Auckland Council established on and from 1 November 2010 by or under this or any other enactment (whether or not the enactment is in force at the time of the making of the order). 3: An order made under this section must be made before 1 November 2010. 4: The Minister must not recommend the making of an order— a: unless he or she is satisfied that,— i: at the time of making the recommendation, the council-controlled organisation is a council-controlled organisation to which this section applies; and ii: the dissolution of the council-controlled organisation is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and b: without first consulting the Transition Agency. 5: To avoid doubt, an order may be made under this section in respect of Auckland Regional Holdings. Section 43 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 44: Power to direct Transition Agency to establish council-controlled organisation 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct the Transition Agency to establish 1 or more entities as council-controlled organisations of the Auckland Council to operate on and from 1 November 2010. 2: An order made under this section— a: must be made before 1 November 2010; and b: must specify the objectives of the council-controlled organisation; and c: must specify the governance structure of the organisation; and d: may specify any other details concerning the structure and operation of the organisation that the Minister recommends. 3: Without limiting subsection (2)(d), and to avoid doubt, an order made under subsection (1) may specify details concerning the financial structure and operation of the organisation. 4: The Minister must not recommend the making of an order— a: unless he or she is satisfied that the establishment of the council-controlled organisation concerned is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and b: without first consulting the Transition Agency. 5: The Minister may appoint initial directors of a council-controlled organisation established under this section under section 48 Section 44 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 45: Power to specify certain fees and charges 1: This section applies to a fee or charge that— a: is prescribed by an existing local authority; and b: relates to a certificate, authority, approval, or permit, or a consent from, or inspection by, or registration with, the existing local authority that is required by or under an enactment; and c: is authorised by or under that enactment or section 150 d: does not relate to goods, services, or amenities provided by the existing local authority in reliance on its general powers under section 12 2: The Governor-General may, by Order in Council made on the recommendation of the Minister, replace a fee or charge with 1 or more new fees or charges. 3: An order made under this section— a: must be made before 1 October 2010; and b: has effect on and from a specified date (being no later than the close of 31 October 2010). 4: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 45 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 46: Power to prescribe standing orders for Auckland Council 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe standing orders to serve as the standing orders of the Auckland Council until the Council adopts its first standing orders under clause 27 2: The prescribed standing orders must not contravene the Local Government Act 2002 Local Government Official Information and Meetings Act 1987 3: An order made under this section— a: must be made before 1 November 2010; and b: has effect on and from 1 November 2010. 4: The Minister must recommend the making of an order, but must first consult the Transition Agency. Section 46 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 47: Transitional regulations 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to— a: prescribe matters in respect of the establishment of the Auckland Council and its subsidiaries that may be in addition to or in place of the provisions of this Act: b: extend the time for completing an action, a step, or a procedure that is required by or under this Act and that is not done or cannot be done by the time required: c: make provision for a situation for which no or insufficient provision is made by or under this Act 2: The Minister must not recommend the making of regulations unless he or she is satisfied that to do so is necessary for the effective and efficient governance of Auckland on and from 1 November 2010. 3: Any regulations made under this section that are in force on 31 October 2010 expire at the close of that day. Section 47 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Ministerial powers Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 48: Minister may appoint initial directors of certain council-controlled organisations 1: This section applies to the following council-controlled organisations: a: the entity established under section 19B b: an entity established as a council-controlled organisation in accordance with section 44 2: The Minister may, by notice in the Gazette a: no director may be appointed for a term greater than 3 years; and b: no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and c: no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year. 3: The Minister must not appoint a person under this section unless he or she is satisfied that the person has the skills, knowledge, or experience to— a: guide the council-controlled organisation, having regard to the nature and scope of its activities; and b: contribute to the achievement of the objectives of the organisation. 4: The Minister may appoint directors under this section to act as the chairperson and deputy chairperson of a council-controlled organisation until the Auckland Council makes any appointment to those positions (whether under section 95 5: The Minister must not appoint a person under this section without first consulting the Transition Agency. Section 48 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 49: Minister of Transport and Minister may appoint initial directors of Auckland Transport 1: The Minister of Transport and the Minister may, by notice in the Gazette a: no director may be appointed for a term greater than 3 years; and b: no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and c: no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year. 2: The Ministers must not appoint a person under this section unless they are satisfied that the person has the skills, knowledge, or experience to— a: guide Auckland Transport, having regard to the nature and scope of its activities; and b: contribute to the purpose of Auckland Transport. 3: The Ministers may appoint directors under this section to act as the chairperson and deputy chairperson of Auckland Transport until the Auckland Council makes appointments to those positions under section 43(3) 4: The Ministers must not appoint a person under this section without first consulting the Transition Agency. Section 49 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Public officials' duties Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 50: Chief executive of Ministry of Pacific Island Affairs must develop proposals in relation to establishment of Pacific Peoples Advisory Panel 1: The chief executive of the Ministry of Pacific Island Affairs must develop proposals in relation to the establishment of a Pacific Peoples Advisory Panel (as required by section 86 2: The proposals must be developed no later than 1 November 2010. 3: In acting under subsection (1), the chief executive— a: must consult the Transition Agency and each existing local authority; and b: may consult any other person as he or she thinks fit. Section 50 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 51: Remuneration Authority to determine remuneration for Auckland Council and local boards 1: The Remuneration Authority must, no later than 15 July 2010, determine the remuneration, allowances, and expenses payable to— a: the mayor and members of the Auckland Council: b: the chairpersons and members of local boards of the Auckland Council. 2: For the purposes of this section, the Remuneration Authority must act as if Part 2 clauses 6 to 13 Section 51 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 52: Auckland Council to be entered in register of building consent authorities Before the close of 31 October 2010, the chief executive of the Ministry that is responsible for the administration of the Building Act 2004 section 73 section 273(1)(a) sections 191 to 197 Section 52 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 53: Initial members of board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau to be appointed on or before 1 November 2010 1: The initial members of the board established by section 81 Part 7 2: For the purposes of this section, the Minister of Māori Affairs, the selection body, the mana whenua groups concerned, and any other person with a role in the appointment process of board members must act as if Part 7 and Schedule 2 3: The Transition Agency is responsible for any reasonable costs any person may incur in acting under this section, including the costs of the Minister and the mana whenua groups. Section 53 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 54: Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 An Order in Council made under section 19B Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989 Section 54 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Local Government (Watercare Services Limited) Order 2007 Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 55: Amendment to Local Government (Watercare Services Limited) Order 2007 1: This section amends the Local Government (Watercare Services Limited) Order 2007 2: Clause 3 30 June 31 October 2010-06-15 Local Government (Watercare Services Limited) Order 2007 New amendment to the commencement section of this Act (s 2(4)) relates to this new amendment section. Section 55 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Relationship of this Part to enactments applying to existing local government organisations Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 56: Relationship of this Part to enactments applying to existing local government organisations If there is any inconsistency between this Part and any enactment that applies to any existing local government organisation, this Part prevails. Section 56 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010

DLM2491200

2009

Local Government Amendment Act 2009

1: Title This Act is the Local Government Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Local Government Act 2002 amended This Act amends the Local Government Act 2002 2009-12-01 Local Government Act 2002 4: Circumstances when Court may make removal order Section 216(b) ; or iii: is such that the court is satisfied that it may reasonably be regarded as intimidating.

DLM2294200

2009

Education (Polytechnics) Amendment Act 2009

1: Title This Act is the Education (Polytechnics) Amendment Act 2009. 2: Commencement 1: Sections 5 7 to 9 11 to 13 16 2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Education Act 1989 2009-12-18 Education Act 1989 ss 4, 6, 10, 14, 15 2010-03-01 Education Act 1989 ss 5, 7–9, 11–13, 16 1: Substantive provisions Amendments to existing provisions of principal Act relating to tertiary education 4: Interpretation Section 159(1) combined council section 222AM constitutents designated polytechnic a: after 28 February 2010 and before 1 May 2010, means a polytechnic designated for the purposes of Part 15A b: on or after 1 May 2010, means any polytechnic polytechnic council a: means the council of a polytechnic; and b: includes a combined council reconstitution day a: in relation to a polytechnic designated for the purposes of Part 15A b: in relation to any other polytechnic, means 1 May 2010 5: Institutions to be governed by councils Section 165 1A: On and after its reconstitution day,— a: subsection (1)(a) does not apply to a polytechnic; and b: except in relation to matters that occurred before the commencement of this section, a reference in any law to the council or other governing body of an institution must, in relation to the polytechnic, be construed as a reference to its council as constituted under this Part or Part 15A 6: Section 168 repealed Section 168 7: Constitutions of councils of new institutions Section 169 4: Subsections (1) to (3) do not apply to the constitution for the council of a body that is, or is to be, established under section 162(2) as a polytechnic (for which sections 222AA and 222AM 8: Amendment of constitution Section 170 2: Subsection (1) does not apply to the council of a designated polytechnic. 9: Requirements as to constitutions of councils Section 171 12: Subsections (1) to (11) do not apply to the constitution of the council of a designated polytechnic (for which sections 222AA and 222AM 10: Section 172 repealed Section 172 11: Term of office Section 173 8: Subsections (1) to (7) do not apply to the term of office of a member of the council of a designated polytechnic (for which section 222AE 12: Vacation of office 1: Section 174(1) (other than the chief executive) 2: Section 174 1A: Subsection (1) a: the chief executive of an institution that is not a designated polytechnic; or b: the chief executive of a designated polytechnic who has been appointed by its council pursuant to a statute requiring it to appoint the chief executive a member of its council. 3: Section 174 2A: Subsection (2) does not apply to the council of a designated polytechnic. 13: Chairperson and deputy chairperson Section 177 9: Subsections (1) to (8) do not apply to the chairperson and deputy chairperson of the council of a designated polytechnic (for which section 222AG 14: Criteria for risk assessment of institutions Section 195A(1) 1: The Secretary must, after consulting institution councils, determine— a: criteria for assessing the level of risk to the operation and long-term viability of institutions; and b: criteria for assessing the level of risk to the education performance of the students enrolled at polytechnics. 1A: In the case of criteria for assessing the level of risk to the education performance of the students enrolled at polytechnics, the requirement to consult institution councils applies to polytechnic councils only. 1B: The Secretary may under subsection (1) a: the requirement to consult institution councils applies to polytechnic councils only; and b: the criteria determined may be in addition to, or instead of, those determined for other institutions. New provisions relating to polytechnics 15: New Part 15A inserted The following Part is inserted after Part 15 15A: Special provisions relating to polytechnics 222A: Specialist help 1: If he or she believes on reasonable grounds that a polytechnic, or the education performance of the students at a polytechnic, may be at risk, the chief executive of the Tertiary Education Commission may, by written notice to its polytechnic council, require the council to obtain specialist help. 2: The notice must state— a: the help or kind of help to be obtained; and b: the person or organisation, or kind of person or organisation, from whom or which it is to be obtained. 3: As soon as is reasonably practicable after receiving the notice, the council must comply with it. 4: The council must— a: provide the information and access, and do all other things, reasonably necessary to enable the person or organisation engaged to provide the help; and b: to the extent that the help provided is advice, take the advice into account in performing its functions and duties; and c: pay the person or organisation's reasonable fees and expenses. 222B: Performance improvement plans 1: If he or she believes on reasonable grounds that a polytechnic, or the education performance of the students at a polytechnic, may be at risk, the chief executive of the Tertiary Education Commission may, by written notice to its polytechnic council, require the council to prepare and give to him or her a draft performance improvement plan for the polytechnic. 2: The notice must state— a: the matters to be addressed by the draft plan; and b: the outcomes that implementation of the draft plan is intended to achieve; and c: the times by which those outcomes should be achieved; and d: the performance measures that will be used to determine whether those outcomes have been achieved; and e: the day by which the draft plan must be given to him or her. 3: The council must prepare, and give to the chief executive of the Tertiary Education Commission by the stated day, a draft plan complying with subsection (2) 4: If the council complies with subsection (3) a: approve the draft plan concerned; or b: after considering the draft plan, approve for the polytechnic some other plan complying with subsection (2) 5: If the council does not comply with subsection (3) subsection (2) 6: The chief executive of the Tertiary Education Commission must not approve any plan other than a draft plan given to him or her by the council before discussing it with the council. 7: The council must take all reasonably practicable steps to implement a plan approved under this section. 222C: Crown manager 1: If he or she believes on reasonable grounds that there is a serious risk to the operation or long-term viability of a polytechnic, or that the education performance of the students at a polytechnic is at risk, the Minister may, by written notice to its polytechnic council, appoint a Crown manager for the polytechnic. 2: The Minister must not appoint the Crown manager without— a: giving the polytechnic's council written notice of— i: his or her intention to do so; and ii: his or her reasons for intending to do so; and b: allowing the council a reasonable time to respond to the notice; and c: considering any written submissions received from the council within that time. 3: Whether a time is reasonable in any particular case may depend (among other things) on the urgency of the matters the Crown manager will have to deal with. 4: The notice must state— a: the name of the Crown manager and the day on which his or her appointment takes effect; and b: the functions of the council to be performed by the Crown manager; and c: any conditions subject to which the Crown manager may perform those functions; and d: any matters the Crown manager may advise the council on. 5: As soon as is practicable after appointing the Crown manager, the Minister must publish in the Gazette 6: While there is a Crown manager appointed for the polytechnic,— a: the Crown manager may perform any of the functions stated in the notice appointing him or her; and— i: for that purpose has all the powers of the council; but ii: in performing any such function (and exercising any of those powers in order to do so) the Crown manager must comply with all relevant duties of the council; and b: the council— i: must not perform any of those functions; and ii: must provide the information and access, and do all other things, reasonably necessary to enable the Crown manager to perform those functions and exercise those powers. 7: The Crown manager must perform any function under subsection (6)(a) 8: Subsection (7) subsection (6)(a)(ii) 9: The council must pay the Crown manager's reasonable fees and expenses. 10: If the Crown manager's appointment has not earlier been revoked, the Minister must consider whether the reasons for it still apply— a: no later than 12 months after it was made; and b: no later than 12 months after he or she last considered whether they still apply. 11: For the purpose of subsection (1) a: there is a serious risk to the operation or long-term viability of a polytechnic if, according to criteria determined under section 195A(1) b: the education performance of the students at a polytechnic is at risk if, according to criteria determined under section 195A(1) 12: Subsection (11) subsection (1) 222D: Protection of Crown managers A Crown manager is not 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 he or she did or omitted the act in good faith, in the course of performing his or her functions. 222E: Powers may be used concurrently 1: Sections 222A to 222C 2: To the extent that it is possible in practice, powers given by 2 or more of sections 195B, 195C, and 222A to 222C 222F: Polytechnic council may request intervention If a polytechnic council requests the Minister or chief executive of the Tertiary Education Commission (as the case requires) to act under any of sections 195C and 195D and 222A to 222C a: must consider any argument or evidence supplied by the council; and b: must consider whether or not to act under that section; but c: may then (if any necessary conditions are satisfied) act under another of those sections giving him or her power to act. 16: New headings and sections 222AA to 222AR inserted The following headings and sections are inserted before section 222A section 15 Polytechnic councils 222AA: Constitution of polytechnic councils 1: The council of a designated polytechnic must comprise— a: 4 members appointed by the Minister: b: 4 members appointed by the council in accordance with its statutes. 2: A person is not eligible for appointment or election as a member of the council of a designated polytechnic if— a: he or she is subject to a property order under the Protection of Personal and Property Rights Act 1988; or b: there has been made under that Act in respect of him or her a personal order that reflects adversely on his or her— i: competence to manage his or her own affairs in relation to his or her property; or ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or c: he or she is a bankrupt who has not obtained his or her order of discharge, or whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled; or d: he or she has at any time been removed from office as a member of a polytechnic council under section 222AJ 3: No act or proceeding of, or of any committee of, the council of a designated polytechnic is invalid because of— a: a defect in the appointment or election of a member of the council or committee; or b: a disqualification of a member of the council or committee; or c: a defect in the convening of a meeting; or d: a vacancy or vacancies in the membership of the council or committee. 222AB: Statutes relating to appointment of members by polytechnic councils 1: Every polytechnic council must have in place statutes relating to the appointment of members under section 222AA(1)(b) 2: The statutes may (in respect of any of the 4 appointments it has power to make)— a: require the appointment of a member— i: of a stated description; or ii: holding a stated office; or iii: nominated by a stated institution or institutions, or an institution or institutions of a stated description; or iv: elected by people of a stated description: b: provide for the process by which— i: nominations may be called for and considered: ii: elections may be held and their results may be determined. 3: Subsection (2) 222AC: Membership of more than one polytechnic council A person who is a member of a polytechnic council may be appointed a member of another polytechnic council. 222AD: Matters to be considered when appointments made 1: It is desirable in principle— a: that the council of a designated polytechnic should include Māori; and b: that, so far as is possible, the council of a designated polytechnic should reflect the ethnic and socio-economic diversity of the community it serves. 2: The Minister— a: must have regard to the principles in subsection (1) b: must appoint people who (in the Minister's opinion) have enough experience of governance to fulfil their individual duties as members of the council and the functions, duties, and responsibilities of the council. 3: The council of a designated polytechnic must appoint as members people who (in the council's opinion)— a: have relevant knowledge, skills, or experience; and b: are likely to be able to fulfil their individual duties as members of the council and the functions, duties, and responsibilities of the council. 222AE: Term of office 1: The person appointing a member of the council of a designated polytechnic must, when making the appointment, state the day on which it takes effect and its term. 2: The term must be no more than 4 years. 3: The term of office of a member of the council of a designated polytechnic begins on the later of the following: a: the day on which his or her appointment takes effect: b: the expiry of the term of office of his or her predecessor. 4: Notwithstanding subsection (3) 5: Subsection (4) section 222AA(1)(b) 222AF: Reappointment and re-election Any member of the council of a designated polytechnic can be reappointed for a second or later term. 222AG: Chairperson and deputy chairperson 1: The Minister may at any time the council of a designated polytechnic has no chairperson or no deputy chairperson, by written notice to the member concerned stating the term for which the member is appointed, appoint as chairperson or deputy chairperson (as the case requires) of the council any member who is not one of the following: a: a student enrolled at the polytechnic: b: the chief executive of the polytechnic (or in the case of a combined council, of one of the polytechnics concerned): c: in the case of a council that is not a combined council, an employee of the polytechnic's chief executive: d: in the case of a combined council, an employee of the chief executive of one of the polytechnics concerned. 2: The Minister may at any time, by written notice to the member concerned, dismiss the chairperson or deputy chairperson of the council of a designated polytechnic from office as chairperson or deputy chairperson. 3: The Minister must not dismiss the chairperson or deputy chairperson without first consulting him or her on the proposed dismissal. 4: The Minister must give to the polytechnic council a copy of a notice under subsection (1) or (2) 5: The chairperson or deputy chairperson of the council of a designated polytechnic— a: may by written notice to the Minister resign as chairperson or deputy chairperson; and b: ceases to hold office as chairperson or deputy chairperson if he or she— i: ceases to be a member of the council; or ii: becomes the chief executive or a member of the staff of the polytechnic, or a student enrolled at the polytechnic. 6: The chairperson or deputy chairperson of the council of a designated polytechnic who resigns must give a copy of the notice of resignation to the council. 7: The chairperson or deputy chairperson of the council of a designated polytechnic holds office as chairperson or deputy chairperson for the term for which he or she was appointed (but may be reappointed), unless earlier he or she dies, is dismissed, resigns, or ceases to hold office by virtue of subsection (5)(b) 8: Notwithstanding subsection (7) subsection (5)(b) 9: The chairperson or deputy chairperson of the council of a designated polytechnic may be referred to by any title (other than Chancellor or Pro-Chancellor) the council determines. 222AH: Duties of members of polytechnic councils 1: A member of the council of a designated polytechnic, when acting as a member of the council in any circumstances,— a: must— i: act with honesty and integrity; and ii: act in the interests of the polytechnic as a whole; and iii: act in a manner that promotes the performance of the functions characteristic of a polytechnic, and the duties of the council; and iv: act in good faith, and not pursue his or her own interests at the expense of the council's interests; and b: must exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account— i: the nature of the council; and ii: the nature of the action; and iii: the position of the member as a member of a polytechnic council, and the nature of the responsibilities undertaken by him or her; and c: must not disclose any information to which subsection (4) i: in the performance of the council's functions; or ii: as required or permitted by law; or iii: in accordance with subsection (3) iv: in complying with requirements for members to disclose interests. 2: The fact that a member of the council of a designated polytechnic was appointed by the council in accordance with a statute providing for the appointment of a member (or 2 or more members) to represent the interests of a stated institution or of people or institutions of a stated description does not displace or limit the member's duty under subsection (1)(a)(ii) 3: A member of the council of a designated polytechnic may disclose, make use of, or act on information to which subsection (4) a: he or she has earlier been authorised to do so by the council; or b: disclosing, making use of, or acting on it will not, or will be unlikely to, prejudice the council or the polytechnic. 4: This subsection applies to information that— a: a member of the council of a designated polytechnic has in his or her capacity as a member of the council; and b: would not otherwise be available to him or her. 5: Subparagraphs (i) to (iii) of paragraph (b) of subsection (1) 222AI: Accountability for individual duties 1: The duties of a member of the council of a designated polytechnic ( council member section 222AH individual duties 2: A council member who does not comply with his or her individual duties may be removed from office under section 222AJ 3: The council of a designated polytechnic may bring an action against a council member for breach of any individual duty. 4: Except as provided in subsections (2) and (3) 5: This section does not affect any other ground for removing a council member from office. 6: Subsection (4) 7: Subsection (4) 222AJ: Removal of members 1: The Minister may at any time, for just cause, remove a member of the council of a designated polytechnic from office. 2: The removal must be made by written notice to the member (with a copy to the council). 3: The notice must state— a: the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and b: the reasons for the removal. 4: The Minister must notify the removal in the Gazette 5: This section does not limit or affect section 174. 6: For the purposes of subsection (1) just cause 222AK: Process for removal The Minister may remove a member of the council of a designated polytechnic under section 222AJ a: the principles of natural justice; and b: a proper consideration of the matter; and c: the requirements of that section. Combination of polytechnic councils 222AL: Voluntary combination of councils 1: The Minister may combine the polytechnic councils of 2 or more designated polytechnics if— a: each of them has (in a written report complying with subsection (2) b: he or she is satisfied that each of them has consulted the constituents of its polytechnic on the desirability of the combination of the councils. 2: Each report must recommend a constitution for any combined council that might be constituted, and state— a: the council's reasons for wishing to combine; and b: the results of the council's consultations. 222AM: Constitution of combined councils 1: The Minister combines polytechnic councils by notice in the Gazette a: a constitution for the resulting combined council; and b: the day on which the combination takes effect. 2: The Minister must ensure that a combined council has an even balance between members appointed by the Minister and members appointed by the council. 222AN: Effect of combination 1: The combination of any polytechnic councils does not affect the individual status, identity, or character of the polytechnics concerned. 2: On the combination of any polytechnic councils,— a: the resulting combined council— i: is the successor of each of them; and ii: has all the obligations and rights each of them had immediately before their combination: b: every statute of any of them (other than a statute relating to the appointment of members under section 222AA(1)(b) i: becomes a statute of the combined council (and may be amended or repealed accordingly); but ii: until amended so as to apply to the others, applies only to the polytechnic by whose council it was made: c: every member of any of the polytechnic councils combined goes out of office: d: the assets and liabilities of each of the polytechnics concerned immediately before their combination continue to be assets and liabilities of that polytechnic: e: a person who immediately before their combination was the chief executive of any of the polytechnics concerned is still the chief executive of that polytechnic, but (without having been made or otherwise become redundant) becomes an employee of the combined council. 3: Neither the Crown nor a combined council is liable to make a payment to, or otherwise compensate, a person in respect of the person's going out of office as a member of a polytechnic council under subsection (2)(c) 222AO: Dissolution of combined council 1: The Minister may, on the recommendation of a combined council, dissolve it. 2: A combined council must not recommend that the Minister dissolve it without first consulting the constituents of the polytechnics concerned. 3: The Minister dissolves a combined council by notice in the Gazette 4: After the publication of the notice, and before the day stated in it, the combined council may make in respect of any of the polytechnics concerned any statutes it thinks necessary or desirable to enable the swift and efficient establishment of a polytechnic council for it. 222AP: Effect of dissolution 1: On the dissolution of a combined council,— a: each of the polytechnics concerned must have a polytechnic council, as required by this Act: b: each polytechnic council has— i: any of the obligations and rights the former polytechnic council of the polytechnic had immediately before the establishment of the combined council; and ii: any of the obligations and rights the combined council had immediately before the dissolution that have arisen in relation to the polytechnic: c: every statute of the combined council that relates to all the polytechnics concerned (other than a statute relating to the appointment of members under section 222AA(1)(b) d: every statute of the combined council that does not relate to all the polytechnics concerned (other than a statute relating to the appointment of members under section 222AA(1)(b) e: every member of the combined council goes out of office: f: a person who immediately before the dissolution was the chief executive of any of the polytechnics concerned is still the chief executive of that polytechnic, but (without having been made or otherwise become redundant) becomes an employee of the polytechnic council established or to be established for it. 2: For the purposes of subsection (1)(b)(ii) a: a combined council may, after the publication of the notice dissolving it, and before the day stated in the notice, determine that any of its obligations or rights have arisen in relation to a particular polytechnic; and b: the combined council's determination is binding on all the polytechnic councils established or to be established for the polytechnics concerned. 3: Neither the Crown nor a polytechnic council is liable to make a payment to, or otherwise compensate, a person in respect of the person's going out of office as a member of a combined council under subsection (1)(e) 222AQ: Initial membership of polytechnic councils after dissolution of combined council 1: Before the dissolution of a combined council, the Minister must appoint the members of each of the new polytechnic councils required by its constitution to be appointed by the Minister. 2: Other members of a new polytechnic council— a: may be appointed before the dissolution; and b: must be appointed within 3 months after the dissolution. 3: The appointment of a member of a new polytechnic council takes effect on the later of the day on which it is made and the dissolution. 4: If on the dissolution there is a vacancy in a polytechnic's new council, the Minister may, by written notice to any person who was a member of the combined council immediately before that day, authorise him or her to act as a member of the council until the vacancy is filled. 5: The Minister must give a copy of every notice under subsection (4) 6: A person authorised under subsection (4) Combined academic boards 222AR: Polytechnic councils may establish combined academic boards 1: The councils of 2 or more designated polytechnics may, by written agreement,— a: establish a single, combined academic board for all the polytechnics concerned; or b: disestablish a combined academic board that (whether or not it was originally established for other polytechnics too) is now established for all the polytechnics concerned. 2: A combined council may, by resolution,— a: establish a single, combined academic board for all the polytechnics concerned; or b: disestablish a combined academic board that it has established for them. 3: A combined board must include— a: the chief executive of each of the polytechnics concerned; and b: at least one member of the staff of each of the polytechnics concerned; and c: at least one student of each of the polytechnics concerned. 4: The polytechnic council of a polytechnic for which a combined academic board has been established under subsection (1) 5: As soon as is practicable after a combined academic board established under subsection (1) 6: Section 182(1) applies to a combined academic board as if it were a board established within each of the polytechnics concerned. 7: For the purposes of section 222,— a: a combined academic board established under subsection (1) b: a combined academic board established under subsection (2) 8: In relation to every polytechnic council for which a combined academic board is established (and to its polytechnic), a reference to the academic board of an institution in a provision of this Act other than this section is a reference to the combined academic board. Interventions Enabling school students to attend tertiary high school at Manukau Institute of Technology Heading repealed 21 December 2010 section 36(2) Education Amendment Act (No 3) 2010 17: Enabling school students to attend tertiary high school at Manukau Institute of Technology Section 17 repealed 21 December 2010 section 36(2) Education Amendment Act (No 3) 2010 2: Transitional matters 18: Interpretation In this Part,— a: principal Act Education Act 1989 b: reconstituted polytechnic council c: terms defined in section 159 19: Initial membership of reconstituted councils 1: Before its reconstitution day, the Minister must appoint the number of members of each reconstituted polytechnic council required by its constitution to be appointed by the Minister. 2: Other members of a reconstituted polytechnic council— a: may be appointed before its reconstitution day; and b: must be appointed within 3 months after that day. 3: Every member of a reconstituted polytechnic council who is before 1 May 2011 appointed under section 222AA(1)(b) 4: A reconstituted polytechnic council must ensure that every vacancy of either of the following kinds is filled no later than 11 June 2011: a: a vacancy that arises at the close of 30 April 2011 because a member appointed under section 222AA(1)(b) b: a vacancy that— i: arises at a time before the close of 30 April 2011 because a member appointed under section 222AA(1)(b) ii: has not been filled before the close of 30 April 2011. 5: Subsection (3) overrides section 222AE(2) 6: The appointment of a member of a reconstituted polytechnic council takes effect on the later of the day on which it occurs and its reconstitution day. 7: If on its reconstitution day there is a vacancy in a polytechnic's council, the Minister may, by written notice to any person who was a member of the council immediately before that day, authorise him or her to act as a member of the council until the vacancy is filled. 8: The Minister must give a copy of every notice under subsection (7) to the council concerned. 9: A person authorised under subsection (7) must for all purposes be treated as a member of the council concerned until the vacancy concerned is filled. 10: A council may, before its reconstitution day, make the statutes required by section 222AB 20: Members of existing polytechnic councils to go out of office 1: On its reconstitution day,— a: all members of a polytechnic council immediately before that day go out of office; and b: all people appointed or elected a member of the council before that day under section 19 2: Subsection (1)— a: is subject to section 19(7) b: overrides section 222AE(4) 3: Neither the Crown nor a polytechnic council is liable to make a payment to, or otherwise compensate, a person in respect of the person's going out of office as a member of the council under subsection (1)(a). 21: Council continues to be same body 1: On and after its reconstitution day, a polytechnic council— a: is the same body as the council of the polytechnic concerned that existed immediately before that day; and b: continues to have the obligations and rights it then had. 2: Subsection (1) is subject to section 22 22: Temporary power of direction Before its reconstitution day, the Minister may, by written notice to the chief executive of a polytechnic, give any directions he or she thinks reasonably necessary to ensure that its council as reconstituted can deal effectively with the business before it on and after that day; and— a: the chief executive must give the notice to the council as soon as is practicable after that day; and b: the council must comply with the directions.

DLM2498313

2009

Personal Property Securities Amendment Act 2009

1: Title This Act is the Personal Property Securities Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Personal Property Securities Act 1999 2009-11-24 Personal Property Securities Act 1999 4: Interpretation 1: The definition of emissions unit section 16(1) 2: Section 16(1) emissions units a: units as defined in section 4(1) of the Climate Change Response Act 2002; and b: personal property that— i: is created by, or in accordance with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol as— A: one of a fixed number of units issued by reference to a specified amount of greenhouse gas; or B: evidence of a specified amount of reductions, removals, avoidance, storage, sequestration, or any other form of mitigation of greenhouse gas emissions; and ii: can be surrendered, retired, cancelled, or otherwise used to— A: offset greenhouse gas emissions under, or otherwise comply with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol; or B: enable a person who surrenders, retires, cancels, or otherwise uses it to claim an environmental benefit greenhouse gas . 5: Meaning of possession 1: Section 18 1A: For the purposes of this Act, a person ( person A a: in the case of an emissions unit that is evidenced by an emissions unit certificate, person A takes physical possession of that certificate: b: in the case of an emissions unit that is, in the ordinary course of business, traded or settled through a clearing house or securities depository, the clearing house or securities depository, as the case may be, records the interest of person A in the emissions unit: c: in the case of an emissions unit that is, in the ordinary course of business, held by a nominee, the records of the nominee record the interest of person A in the emissions unit: d: in the case of an emissions unit that is a unit as defined in section 4(1) of the Climate Change Response Act 2002 and to which neither paragraph (b) nor (c) e: in the case of an emissions unit that is not a unit as defined in section 4(1) of the Climate Change Response Act 2002 and to which none of paragraphs (a), (b), or (c) 2: Section 18 4: For the purposes of subsection (1A)(a) emissions unit certificate

DLM2095400

2009

Taxation (Budget Tax Measures) Act 2009

1: Title This Act is the Taxation (Budget Tax Measures) Act 2009. 2: Commencement 1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section. 2: Sections 5 6 7 8 1: Personal tax cuts and independent earner tax credits: repeal of later years' changes Amendments to Taxation (Urgent Measures and Annual Rates) Act 2008 3: Sections repealed Sections 5(2) 6(2) 7(2) 8(2) 9(2) 10(2) and (3) 11(2) and (3) 12(2) and (3) 13(2) and (3) 14(2) and (3) 16(2) 17(2) 32 2009-05-29 Taxation (Urgent Measures and Annual Rates) Act 2008 Amendments to Taxation (Business Tax Measures) Act 2009 4: Sections repealed Sections 29(2) 30(2) 31(2) 2009-05-29 Taxation (Business Tax Measures) Act 2009 2: KiwiSaver: closing mortgage diversion facility participation Amendments to KiwiSaver Act 2006 5: Regulations relating to mortgage diversion facility After section 229(3)(e) eb: closing the mortgage diversion facility to new participants by specifying a date before which a member of a KiwiSaver scheme or complying superannuation fund must request his or her mortgagee to participate in the facility in respect of the member's mortgage; and . 2009-06-01 KiwiSaver Act 2006 6: New section 236 of KiwiSaver Act 2006 After section 235 236: Protection from non-compliance: Taxation (Budget Tax Measures) Act 2009 If, as a result of amendments in Part 2 of the Taxation (Budget Tax Measures) Act 2009 a: a prospectus that is registered under the Securities Act 1978 before 1 June 2009: b: an investment statement under the Securities Act 1978 that is dated before 1 June 2009. 2009-06-01 KiwiSaver Act 2006 Amendments to KiwiSaver Regulations 2006 7: Mortgage diversion facility In regulation 21(1) if the provider and the mortgagee choose to participate in the mortgage diversion facility if the provider and the mortgagee choose to participate in the mortgage diversion facility and the member requests participation before it is closed to new participants 2009-06-01 KiwiSaver Regulations 2006 8: What member of KiwiSaver scheme must do first to participate in mortgage diversion facility In regulation 24(a) request his or her mortgagee to participate request, before 1 June 2009, his or her mortgagee to participate 2009-06-01 KiwiSaver Regulations 2006

DLM2498646

2009

Securities Markets Amendment Act 2009

1: Title This Act is the Securities Markets Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Securities Markets Act 1988 2009-11-24 Securities Markets Act 1988 4: Interpretation 1: Section 2(1) business rules business rules a: business on any securities markets or futures markets operated by the registered exchange: b: persons authorised to undertake trading activities on any securities markets or futures markets operated by the registered exchange . 2: Section 2(1) conduct rules conduct rules a: in relation to a securities market, the business rules and listing rules of a registered exchange in relation to the securities market; and b: in relation to a futures market, the business rules of a registered exchange in relation to the futures market . 3: The definition of futures contract section 2(1) section 37(1) section 37 4: Section 2(1) futures market . 5: The definition of listing rules section 2(1) securities registered 6: The definition of operate section 2(1) or futures market securities market 7: The definition of registered exchange section 2(1) d: a subsidiary of a registered exchange in respect of futures markets if the subsidiary operates a futures market . 8: The definition of registered exchange's market section 2(1) registered exchange's securities market . 9: The definition of securities exchange section 2(1) 5: Part 2B heading substituted The heading to Part 2B 2B: Registered exchanges . 6: Power to exempt securities markets from this Part 1: The heading to section 36E and futures markets securities markets 2: Section 36E 1: The Minister may, by notice in the Gazette 7: New section 36F substituted Section 36F 36F: Registration of exchanges 1: A body corporate may apply to become a registered exchange— a: in respect of 1 or more securities markets; or b: in respect of 1 or more securities markets and 1 or more futures markets; or c: in respect of 1 or more futures markets, provided that the body corporate is already a registered exchange in respect of 1 or more securities markets. 2: A body corporate may apply to become a registered exchange by delivering to the chief executive— a: an application for registration in the form, and containing the information, required by the chief executive; and b: a copy of the proposed conduct rules for the securities markets, securities markets and futures markets, or futures markets to which the application applies; and c: any fees required by regulations made under section 49D and evidence of payment to the Commission of the fees, charges, or costs required to be paid to it by those regulations. 3: The chief executive must register the body corporate as a registered exchange in respect of the securities markets, securities markets and futures markets, or futures markets to which the application applies, by entering the name of the body corporate in a register, after— a: receipt of the documents and fees referred to in subsection (2) b: approval of the proposed conduct rules under section 36O. 8: Registered exchange must operate securities markets with conduct rules that include required matters and have effect 1: The heading to section 36G markets and futures markets in accordance 2: Section 36G(1) and, if registered in respect of futures markets, each of its futures markets securities markets 9: Required matters for conduct rules Section 36H 2: Conduct rules for a futures market must include rules ( business rules a: business on that market; and b: persons authorised to undertake trading activities on that market. 10: Registered exchange must provide proposed new conduct rules and changes to Minister Section 36J 3: However, subsection (1) does not apply in respect of conduct rules for a futures market unless the registered exchange is registered in respect of both securities markets and futures markets under section 36F 11: Determination on whether or not to apply approval process to proposed conduct rules and changes 1: Section 36N(1) a: the Minister is satisfied that the proposal relates to a securities market or futures market that is not operated by the registered exchange under its existing conduct rules (a new market . 2: Section 36N 2: Before applying the approval process, the Minister must have regard to— a: the integrity and effectiveness of securities markets, futures markets, or both (as the case may be) in New Zealand; and b: the confidence of investors in securities markets, futures markets, or both (as the case may be) in New Zealand; and c: the extent of the difference between existing markets operated by the registered exchange and the new market; and d: the extent of the difference between the existing conduct rules and the proposed new conduct rules or changes. 12: Registered exchange must not operate new securities market if proposed conduct rules or changes not approved 1: The heading to section 36P securities 2: Section 36P(1) or futures market securities market 13: Conduct rules must be available for inspection Section 36Q(1) or futures market securities market 14: Registered exchange must give Commission material information given to market participants Section 36ZG or futures market securities market 15: Commission may give directions to registered exchanges Section 36ZO(2) a: direct a registered exchange to suspend trading of either or both of the following: i: the securities, or a class of securities, of 1 or more public issuers: ii: 1 or more futures contracts, or a class of futures contracts, traded on a futures market operated by the registered exchange; or . 16: Grounds for other directions Section 36ZQ a: the direction is necessary in the public interest to protect people trading in either or both of the following: i: the securities, or a class of securities, of 1 or more public issuers: ii: 1 or more futures contracts, or a class of futures contracts, traded on a futures market operated by the registered exchange; but . 17: Notice, opportunity for exchange to act, and submissions before Commission gives directions Section 36ZR 1: A direction may be given under section 36ZO only if— a: the Commission has given written notice to the registered exchange, and in the case of a direction to suspend the trading of securities or a class of securities, the public issuer or issuers concerned, of— i: its opinion that the requirements of section 36ZP or 36ZQ are satisfied; and ii: the proposed terms of the direction; and iii: the reasons for its opinion; and b: after receiving the Commission's notice, the registered exchange does not take, within the reasonable period stated in the notice,— i: in the case of a proposed direction to suspend the trading of securities or a class of securities, action to prevent that trading; or ii: in the case of a proposed direction to suspend the trading of futures contracts, or a class of futures contracts, action to prevent that trading; or iii: in any other case, any other action that, in the Commission's view, is adequate to assess the situation raised in the notice; and c: the Commission has had regard to any written submissions made to it by the registered exchange, and in the case of a direction to suspend the trading of securities or a class of securities, the public issuer or issuers concerned, within that notice period; and d: the Commission still considers that it is appropriate to give the direction to the registered exchange. 18: Notice and opportunity to be heard and represented after Commission gives direction Section 36ZT(a) the registered exchange and public issuer or issuers concerned the registered exchange, and in the case of a direction to suspend the trading of securities or a class of securities, the public issuer or issuers concerned, 19: Interpretation of terms used in this Part 1: The definition of authorised futures exchange section 37(1) ab: a body corporate that is a registered exchange in respect of securities markets and futures markets whose conduct rules for futures markets have effect under section 36I: . 2: The definition of authorised futures exchange section 37(1) c: a subsidiary of a body corporate that is registered in respect of futures markets if the subsidiary's conduct rules for futures markets have effect under section 36I: . 3: The definition of commodity section 37(1) and a financial instrument , a financial instrument, and emissions units 4: Paragraph (e) of the definition of futures contract section 37(1) Act or any to which this 5: Paragraph (f) of the definition of futures contract section 37(1) Act or any to which this 6: Section 37(1) emissions units a: units as defined in section 4(1) of the Climate Change Response Act 2002; and b: personal property that— i: is created by, or in accordance with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol as— A: one of a fixed number of units issued by reference to a specified amount of greenhouse gas; or B: evidence of a specified amount of reductions, removals, avoidance, storage, sequestration, or any other form of mitigation of greenhouse gas emissions; and ii: can be surrendered, retired, cancelled, or otherwise used to— A: offset greenhouse gas emissions under, or otherwise comply with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol; or B: enable a person who surrenders, retires, cancels, or otherwise uses it to claim an environmental benefit greenhouse gas . 7: Section 37(2) this Part of 8: Section 37(7) this Part of 20: Dealers in futures contracts to be authorised 1: Section 38 1: No person may carry on the business of dealing in futures contracts unless that person— a: is, or is a member of a class of persons that is, authorised by the Commission by notice in the Gazette b: has been approved by an authorised futures exchange under its rules to carry on the business of dealing in futures contracts in accordance with the rules of that exchange. 1A: However, a person who receives approval under subsection (1)(b) 2: Section 38(2) subsection (1) subsection (1)(a) 3: Section 38(3) this section subsection (1)(a) 4: Section 38 4: For the purposes of subsection (1)(b) rules paragraph (ab) 21: Penalties for failing to comply with Part 2B 1: Section 43B(1) securities registered 2: Section 43B(2)(c) markets and futures markets in accordance 3: Section 43B(2)(d) securities 22: Further amendments to principal Act Each of the provisions of the principal Act specified in Schedule 1 registered exchange's market registered exchange's securities market 23: Amendments to other enactments 1: Each of the provisions of each of the Acts specified in Part 1 of Schedule 2 registered exchange's market registered exchange's securities market 2009-11-24 Chateau Companies Act 1977 Companies Act 1993 Dairy Industry Restructuring Act 2001 Mackelvie Trust Act 1958 Methodist Charitable and Educational Trusts Act 1911 National Heart Foundation of New Zealand Empowering Act 1970 Port Companies Act 1988 Securities Markets Amendment Act 2002 Securities Transfer Act 1991 St John's College Trusts Act 1972 Takeovers Act 1993 Wellington Methodist Charitable and Educational Trusts Act 1916 2: Each of the provisions of each of the regulations specified in Part 2 of Schedule 2 registered exchange's market registered exchange's securities market 2009-11-24 Securities Markets (Market Manipulation) Regulations 2007 Securities Regulations 1983 Takeovers Code Approval Order 2000 3: In its continuing application under section 444 section 72(2)(e) 2009-11-24 Insolvency Act 1967 I think this change has to be made directly to s 72(2)(e) in reading the table in 49.1 of COG, under “references to other Acts/Regulations, though it might pay to check with RU before doing the change.(CB) 4: Clause 28 of the Schedule 1: Subject to subclause (2), an offeror must immediately send a written notice of any variation of the offeror's offer to— a: every offeree; and b: the target company; and c: the Panel; and d: the registered exchange (if any voting securities of the target company are quoted on the registered exchange's securities market). 2009-11-24 Takeovers Code Approval Order 2000

DLM1829200

2009

Criminal Investigations (Bodily Samples) Amendment Act 2009

1: Title This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2009. 2: Commencement 1: This Act, except for Part 2 2: Part 2 Section 2(1) brought into force 6 September 2010 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2010 Section 2(2) brought into force 5 December 2011 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011 3: Principal Act amended This Act amends the Criminal Investigations (Bodily Samples) Act 1995 OIC SR 2010/220 2010-09-06 Criminal Investigations (Bodily Samples) Act 1995 Other than Part 2 (ss 1–31) OIC SR 2011/313 2011-12-05 Criminal Investigations (Bodily Samples) Act 1995 Part 2 (ss 32–50) — date must be later than date for rest of Act 1: New authority to take and retain bodily samples, and other amendments to principal Act Preliminary provisions 4: Interpretation 1: Section 2(1) charged . 2: Section 2(1) independent adult independent adult section 2A . 3: Section 2(1) Part 2B temporary databank section 24O . 4: The definition of relevant offence section 2(1) ba: an offence against any of the provisions listed in Part 3 . 5: Paragraphs (c) and (d) of the definition of relevant offence section 2(1) 1 or Part 2 1, 2, or 3 6: Section 2(1) triggering offence section 24J section 24K young person . 5: New section 2A inserted The following section is inserted after section 2 2A: Meaning of independent adult For the purpose of this Act, independent adult a: in relation to a suspect under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, means,— i: if a parent or other person having the care of the suspect is present under section 50(1)(b) ii: if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3) iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008 A: chosen by the suspect; or B: if the suspect fails or refuses to choose, chosen by a constable: b: in relation to a young person from whom a bodily sample is being taken under Part 2B i: if a parent or other person having the care of the young person is present under section 50A(2)(b) ii: if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4) iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,— A: chosen by the young person; or B: if the young person fails or refuses to choose, chosen by a constable. Amendment to Part 2 of principal Act 6: New section 5A inserted The following section is inserted after section 5 5A: Relationship to Part 2B The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B New authority to take bodily samples 7: New Part 2B inserted The following Part is inserted after section 24I 2B: Taking bodily sample from person arrested or intended to be charged with relevant offence 24J: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence 1: A constable may require a person who is of or over the age of 17 years to give a bodily sample if either— a: the person is in the lawful custody of the Police and being detained for committing a relevant offence and is at a Police station or at any other place being used for Police purposes; or b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons. 2: The sample must be taken in accordance with the procedures set out in Part 4. 3: If subsection (1)(b) applies, a constable may detain the person at any place— a: in order for the bodily sample to be taken; and b: only for the period necessary in order for the bodily sample to be taken. 24K: Authority to take bodily sample from young person arrested or intended to be charged with relevant offence 1: A constable may require a young person to give a bodily sample if either— a: the person has been arrested for a relevant offence; or b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons. 2: The sample must be taken in accordance with the procedures set out in Part 4. 3: If subsection (1)(b) applies, a constable may detain the person at any place— a: in order for the bodily sample to be taken; and b: only for the period necessary in order for the bodily sample to be taken. 24L: Relationship to Part 2 Nothing in Part 2 limits the authority to take a bodily sample conferred by section 24J or 24K 24M: Information to be given to person If a constable proposes to require a person to give a bodily sample under section 24J or 24K a: hand to the person a written notice containing the particulars specified in section 24N b: inform the person in a manner and in language that the person is likely to understand— i: what the triggering offence is; and ii: of the effect of sections 24P and 24R iii: of the effect of sections 48A 50A, 54A iv: that the sample will be analysed; and v: that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and vi: of the effect of section 26(ab) and (ac) vii: of the effect of section 60A 24N: Form and content of notice A notice given under section 24M a: must be in the prescribed form; and b: must contain the following particulars: i: a reference to the triggering offence: ii: a statement of the effect of sections 24P and 24R iii: a summary of the provisions of sections 48A 50A 54A iv: a summary of the provisions of sections 55, 56, and 56A relating to the procedures for the analysis of the sample and the disclosure of the results of the analysis: v: a statement of the effect of section 26(ab) and (ac) vi: a reference to the provisions of section 60A vii: any other particulars that may be prescribed. 24O: Part 2B temporary databank There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part. 24P: Information that may be kept on Part 2B temporary databank A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if— a: the person from whom the bodily sample was taken has been charged with the triggering offence, or a related relevant offence; and b: circumstances have not yet arisen where— i: records of the DNA profile must be destroyed under section 60A ii: the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac) 24Q: Removal of DNA profiles from Part 2B temporary databank When either of the circumstances in section 24P(b)(i) or (ii) 24R: Access to and disclosure of information on Part 2B temporary databank 1: Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes: a: to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence: b: for the purpose of making the information available, in accordance with the Privacy Act 1993, to the person to whom the information relates: c: for the purpose of administering the Part 2B temporary databank. 2: For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates. 3: Nothing in this section applies in relation to information that does not identify any person. 4: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act. 5: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of— a: any application for a compulsion order; or b: the issuing of a databank compulsion notice or the making of a Part 3 order; or c: the prosecution of an offence against section 77(2). 24S: Access to and use of bodily samples taken under this Part No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile— a: for the purposes of this Part; and b: where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac) Other amendments to principal Act 8: Information that may be kept on DNA profile databank 1: Section 26 , 60A 60 2: Section 26 ab: any DNA profile derived from a bodily sample taken from a person under Part 2B i: that person is convicted of the triggering offence, or of a related relevant offence (unless the conviction is subsequently quashed); and ii: the offence of which the person is convicted is a relevant offence; and iii: in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or a Youth Court makes an order under section 283 of the Children, Young Persons, and Their Families Act 1989: ac: any DNA profile derived from a bodily sample taken from a young person under Part 2B i: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved; and ii: the offence in relation to which the order was made is a relevant offence, or a related offence: . 9: New sections 26A and 26B inserted The following sections are inserted after section 26 26A: Removal of certain DNA profiles from DNA profile databank 1: A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods ( retention periods 2: In the case of a person's DNA profile stored under section 26(a) or (ab) a: the person was a young person on the date of the offence; and b: any of the following applies: i: a Youth Court made an order under 1 or more of paragraphs (a) to (n) of section 283 of the Children, Young Persons, and Their Families Act 1989; or ii: a Youth Court made an order under section 283(o) of the Children, Young Persons, and Their Families Act 1989 iii: a District Court (rather than a Youth Court) convicted the person of the offence but did not impose a sentence of imprisonment. 3: In the case of a profile stored under section 26(ac) a: the person was a young person on the date of the offence; and b: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved. 4: The retention periods and effect of certain subsequent offences are as follows: Sentence or order Retention period for order or conviction Retention period for subsequent offence Section 26(a) or (ab) 10 years after date of that section 283 order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of section 283(o) order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of conviction If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26 (ac) 4 years after date of section 282 order If a section 283 order is subsequently made during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If the person is subsequently convicted by a District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If another section 282 order is subsequently made during that 4-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the first 4-year period. 5: A person's DNA profile stored under section 26 may, unless otherwise provided by this Act, be stored indefinitely on a DNA profile databank if any of the following apply: a: if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence: b: if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4): Examples During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court. During a 10-year period for a conviction by a District Court, a section 283 order is made against the person or another conviction (with or without imprisonment) is entered against the person by any court. During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person. c: in any other case (whether the person is a young person or of or over the age of 17 years), no fixed retention period is specified by this Act. 26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank 1: This section applies to a person if,— a: before the commencement of this section,— i: a DNA profile of the person was taken and stored on a DNA databank under Part 2 when the person was a young person; and ii: a Youth Court made an order in relation to the person under section 282 or 283 of the Children, Young Persons, and Their Families Act 1989 in relation to an offence but no court imposed a sentence of imprisonment for the offence; and b: within 10 years after the date of that order, the person is not convicted of an imprisonable offence. 2: The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile.” 10: Heading above section 45AA amended The heading above section 45AA : Compulsion order or databank compulsion notice 11: Method by which bodily sample may be taken The heading to section 48 : samples under Parts 2, 2A, and 3 12: New section 48A inserted The following section is inserted after section 48 48A: Method by which bodily sample may be taken: samples under Part 2B 1: If a bodily sample is being taken under Part 2B a: fingerprick sample: b: buccal sample. 2: The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample. 3: A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample. 4: The sample must be taken— a: by the method in subsection (1) that the person has chosen; or b: if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable. 5: Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample. 13: Persons authorised to take buccal samples 1: Section 49A(1) or under Part 2B notice 2: Section 49A(3) is amended by adding ; or c: in the case of a sample being taken under Part 2B 14: Person giving sample entitled to have certain other persons present 1: The heading to section 50 under Part 2, 2A, or 3 sample 2: Section 50(1) under Part 2, 2A, or 3 taken 15: New sections 50A to 50D inserted The following sections are inserted after section 50 50A: Other person must be present when young person gives sample under Part 2B 1: This section and sections 50B to 50D Part 2B 2: The young person is entitled to have the following persons present during the taking of the sample: a: a lawyer, or another person, of the young person's choice; and b: a parent or other person who has the care of that young person. 3: The constable responsible for arranging the taking of the bodily sample must— a: ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and b: take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample. 4: A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications. 5: One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B a: a person chosen under this section by the young person or by a parent or other person who has the care of that young person: b: a person chosen under section 50B(5) c: a person chosen under section 50B(5) d: a person, who is not a Police employee within the meaning of section 4 of the Policing Act 2008, chosen by the constable if the young person fails or refuses to make a choice under subsection (2). 50B: Further provision if other person chosen to be present not present when choice made 1: This section applies if— a: a young person chooses under section 50A section 50A(2) section 50A(4) section 50A(2)(a) b: any person chosen is not present when the choice is made. 2: The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample. 3: If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified— a: that the young person wishes him or her to be present during the taking of the sample; and b: of the date on which, and the time and place at which, the sample is to be taken. 4: Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances. 5: The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and— a: may give the young person or a parent or other person who has the care of that young person the opportunity to— i: choose another person described in section 50A(2) ii: elect that the constable choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present; or b: if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present. 6: If a person chosen under subsection (5) is not present when the choice is made, the constable— a: may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and b: if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,— i: if applicable, that the young person wishes him or her to be present during the taking of the sample; and ii: of the date on which, and the time and place at which, the sample is to be taken. 7: However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present. 50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B 1: A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that— a: a notice was given to a young person under section 50B(2) or (6) b: the young person failed to attend as specified in the notice to give a bodily sample. 2: A person referred to in subsection (1) is— a: the constable who gave the notice; or b: any other constable. 3: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control. 4: In subsection (1), appropriate court a: if the young person has not yet been charged for the triggering offence, the court in which the charge would be laid; or b: if the young person has been charged for the triggering offence, the court in which the charge was laid. 50D: Form and effect of warrant issued under section 50C 1: A warrant issued under section 50C a: must be in the prescribed form; and b: expires immediately after a bodily sample is taken from the person to whom the notice under section 50B 2: A warrant under section 50C a: the arrest of the person to whom the notice relates; and b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours. 3: If a bodily sample is taken under a warrant issued under section 50C Part 2B 4: The power to arrest and detain a person under a warrant issued under section 50C 16: Suitably qualified persons and certain other persons, not compelled to take sample or be present 1: Section 51(b) a: inserting or 50A(2)(a) or (4) or 50B(5) 50(1)(a) or (3) b: inserting or 50A(2)(b) 50(1)(b) 2: Section 51(c) 49A(4)(b) or (6)(a) 49A(3)(c), (4)(b), or (6)(a) 17: Who may be present when bodily sample taken 1: Section 52(1)(c) or section 50A(2) or (4) or 50B(5) 50 2: Section 52(1)(d) or 50A(2)(b) 50(1)(b) 3: Section 52(1) f: any person chosen by a constable under section 50B(5) g: any other person who is entitled by or under this Act to be present. 18: New section 54A inserted The following section is inserted after section 54 54A: Procedure for taking bodily sample under Part 2B 1: If a constable proposes to require a person to give a bodily sample under Part 2B a: ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample: b: inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample. 2: If a person refuses to give a bodily sample when required to do so under Part 2B 19: Disposal of bodily samples and identifying information obtained under Part 2 Section 60(1)(d) 12 24 20: New section 60A inserted The following section is inserted after section 60 60A: Disposal of bodily samples and identifying information obtained under Part 2B 1: This section applies to— a: a bodily sample taken under Part 2B b: every record of any analysis of that bodily sample carried out on behalf of any constable; and c: every record, to the extent that it contains— i: information about the sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken. 2: The Commissioner must ensure that the bodily sample referred to in subsection (1)(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample. 3: The Commissioner must ensure that any record referred to in subsection (1)(b) and (c) is destroyed,— a: subject to section 61, as soon as practicable after the expiry of the period of 2 months beginning on the date on which the sample is taken, if the person is not charged with the triggering offence, or a related relevant offence, before the expiry of that period; or b: if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur: i: the charge is withdrawn; or ii: the person is acquitted of the offence. 4: Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank. 21: Extension of period for which sample may be retained 1: Section 61 1: On application in accordance with this section, a High Court Judge may,— a: in respect of a bodily sample taken under Part 2 and related records as described in section 60(1)(b) and (c), extend the period specified in section 60(1)(d); or b: in respect of records as described in section 60A(1)(b) and (c) section 60A(3)(a) 1A: In this section, the period in section 60(1)(d) or, as the case may be, section 60A(3)(a) relevant period 2: Section 61 3: An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the High Court Judge is satisfied— a: that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related relevant offence; and b: either of the circumstances mentioned in subsection (3A) exists. 3A: The circumstances referred to in subsection (3) are— a: that there is still good cause to suspect that the person committed an offence referred to in subsection (3)(a) and— i: there is a good reason for the person not having been charged; and ii: it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or b: that— i: there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)(a); but ii: it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained. 3: Section 61(5) (in the case of a sample taken under Part 2) sample 22: Material extracted from samples to be destroyed Section 63 60, section 61A, or section 62 of this Act 60, 60A 23: Translation of notices Section 64(a) 6(2)(a) or section 8(2)(a) or section 24E(a) or section 30(2)(a) or section 33(b) of this Act 6(2)(a), 8(2)(a), 24E(a), 24N 24: Non-attendance of persons not to affect admissibility of evidence 1: Section 69 or section 50A(2)(a) or (4) or 50B(5) section 50 2: Section 69 2: This section is subject to section 50A(5) 25: Information stored on DNA profile databank not admissible in criminal proceedings 1: The heading of section 71 or obtained under Part 2B databank 2: Section 71 1A: Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B 3: Section 71(4) or (1A) subsection (1) 26: New section 71A inserted The following section is inserted after section 71 71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes 1: A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B 2: An application for consent under subsection (1)— a: must be made by a constable; and b: must be made before the sample concerned is analysed by or on behalf of the Police; and c: must be in writing and contain— i: sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and ii: a statement that satisfies the Judge that the sample has not been analysed; and iii: a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and d: may be made without notice. 3: If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court. 27: Information relating to bodily samples to be included in annual report of Police 1: Section 76 eb: the number of occasions on which a bodily sample has been taken under Part 2B ec: the number of occasions on which a DNA profile was derived from a bodily sample taken under Part 2B ed: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B section 24R(1)(a) ee: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B ef: the number of occasions on which a constable used reasonable force under section 54A(2) eg: the total number of DNA profiles stored on a Part 2B temporary databank at the end of the period under review: . 2: Section 76 2: The information required by subsection (1)(eb) to (eg) must be provided together with a breakdown of those totals according to the ethnicity of the persons from whom the samples were taken, and the number of young persons from whom the samples were taken, so far as that information is known by the Police. 28: Offences 1: Section 77(1) b: refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B c: having been given a notice under section 50B Part 2B 2: Section 77(2)(a) , or a Part 2B temporary databank, databank 3: Section 77(2)(b) or a Part 2B temporary databank databank 4: Section 77(2)(c) , or a Part 2B temporary databank, databank 5: Section 77(2)(d) a: inserting 24R section b: inserting or a Part 2B temporary databank databank 6: Section 77(2)(e) 24S section 29: Indemnity Section 79(1) or 54A(2) 30: New Part 3 added to Schedule The Schedule Part 3 Schedule 31: Savings provision relating to new relevant offences For the purposes of Part 3 section 30 Part 3 section 30 2: Extension of authority to take and retain bodily samples Preliminary provision 32: Interpretation Section 2(1) District Court imprisonable offence . Amendments to Part 2 of principal Act 33: Authority to take bodily sample from suspect Section 5(a) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3 34: Request to consent to taking of bodily sample 1: Section 6(1) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3 2: Section 6(2)(b)(vii) a: by omitting a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 b: by omitting High Court Judge District Court Judge 35: Form and content of notice 1: Section 7(b)(i) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3 2: Section 7(b)(viii) a: omitting and that offence is a relevant offence, b: omitting High Court Judge District Court Judge 3: Section 7(b)(xiii) and the offence of which the suspect is convicted is a relevant offence, 36: Application for order authorising taking of bodily sample 1: Section 13(1) High Court Judge District Court Judge 2: Section 13(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 3: Section 13(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 37: Prohibition against publication of name of respondent Section 14(1)(a) High Court Judge District Court Judge 38: Information may be withheld from respondent Section 15(1) High Court Judge District Court Judge 39: Judge may authorise bodily sample to be taken 1: Section 16(1) High Court Judge District Court Judge 2: Section 16(1)(a) relevant 40: Application for order authorising taking of bodily sample from person under 17 1: Section 18(1) High Court Judge District Court Judge 2: Section 18(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 3: Section 18(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 4: Section 18(3)(b)(vii) High Court Judge District Court Judge 41: Judge may authorise bodily sample to be taken Section 23(1)(a) relevant 42: Form and content of compulsion order Section 24(4)(h) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Amendments to Part 2B of principal Act 43: Part 2B heading amended The heading to Part 2B relevant offence imprisonable offence or offence listed in Part 3 of Schedule 44: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence 1: The heading to section 24J section 7 relevant offence imprisonable offence or offence listed in Part 3 of Schedule 2: Section 24J(1)(a) and (b) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Other amendments to principal Act 45: Information that may be kept on DNA profile databank 1: Section 26(a)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 2: Section 26(ab)(i) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3 3: Section 26(ab)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 46: Removal of certain DNA profiles from DNA profile databank Section 26A section 9 6: The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if— a: either— i: the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab) ii: the person to whom the profile relates was of or over 17 years of age on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab) b: the conviction was for an offence that was not a relevant offence at the time of the conviction; and c: the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 47: Certain young persons may apply for removal of DNA profiles from DNA profiles databank Section 26B(1)(b) section 9 or offence against any of the provisions listed in Part 3 48: Issue and service of databank compulsion notice 1: Section 39(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 2: Section 39(3) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3 3: Section 39(4) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3 49: Disposal of bodily samples and identifying information obtained under Part 2 1: Section 60(1)(f) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 2: Section 60 2: Subsection (2A) applies if— a: a bodily sample is taken under Part 2 from a person; and b: the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and c: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 2A: The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed. 50: Extension of period for which sample may be retained 1: Section 61(1) section 21 High Court Judge District Court Judge 2: Section 61(3) High Court Judge District Court Judge

DLM1179900

2009

Protected Disclosures Amendment Act 2009

1: Title This Act is the Protected Disclosures Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Protected Disclosures Act 2000 2009-05-06 Protected Disclosures Act 2000 1: Amendments to principal Act 4: Interpretation 1: Paragraph (e) of the definition of employee section 3 (including a person who is a member of the board or governing body of the organisation) 2: The definition of employee section 3 g: a person who works for the organisation as a volunteer without reward or expectation of reward for that work 3: Paragraph (b) of the definition of Ombudsman section 3 whom an Ombudsman whom the Chief Ombudsman 4: Section 3 public official public official 5: Section 3 2: An example used in this Act has the following status: a: the example is only illustrative of the provision to which it relates and does not limit the provision; and b: if the example and the provision to which it relates are inconsistent, the provision prevails. 5: Disclosures to which Act applies 1: Section 6(1) the manner provided by accordance with 2: Section 6 3: If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a) of the Human Rights Act 1993. 4: This section is subject to section 6A 6: New sections 6A to 6C inserted The following sections are inserted after section 6 6A: Technical failure to comply with or refer to Act 1: A disclosure of information is not prevented from being a protected disclosure of information for the purposes of this Act merely because— a: of a technical failure to comply with sections 7 to 10 if the employee has substantially complied with the requirement in section 6 to disclose the information in accordance with this Act; or b: the employee does not expressly refer to the name of this Act when the disclosure is made. Example Person A is an employee of Organisation B. B’s internal procedures for receiving and dealing with information about serious wrongdoing require the information to be provided to B’s Human Resources Manager using a particular form. Person A provides the information using the form to B’s chief executive rather than the Human Resources Manager. Person A otherwise substantially complies with the Act. The failure to comply is merely technical. Under this section, the disclosure is still a protected disclosure for the purposes of this Act. 2: This section applies despite anything to the contrary expressed or implied in the relevant internal procedures. 6B: Role of Ombudsmen in providing information and guidance 1: An Ombudsman may provide information and guidance to an employee on any matter concerning this Act (either on a request made at any time or at the Ombudsman’s discretion). 2: If an employee notifies the Office of the Ombudsmen, orally or in writing, that he or she has disclosed, or is considering the disclosure of, information under this Act, an Ombudsman must provide information and guidance to that employee on the following matters: a: the kinds of disclosures that are protected under this Act: b: the manner in which, and the persons to whom, information may be disclosed under this Act: c: the broad role of each authority referred to in paragraph (a)(i) to (x) of the definition of appropriate authority in section 3(1): d: the protections and remedies available under this Act and the Human Rights Act 1993 if the disclosure of information in accordance with this Act leads to victimisation of the person making the disclosure: e: how particular information disclosed to an appropriate authority may be referred to another appropriate authority under this Act. 6C: Information about internal procedures (1): For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation: a: information concerning whether the organisation has established and published internal procedures for receiving and dealing with information about serious wrongdoing; and b: a copy of those procedures; and c: information about how those procedures operate. 2: An organisation is not required to comply with a request made under subsection (1) 7: Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances Section 10 2: A disclosure under this section may be made to an Ombudsman only if— a: it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9; or b: it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15 8: New heading and sections 15 to 15E substituted Section 15 Further provisions concerning Ombudsmen 15: Ombudsmen may escalate disclosure to appropriate authority or Minister or investigate disclosure 1: An Ombudsman may, with the consent of an employee who has made a protected disclosure of information to any organisation, appropriate authority, or other person in accordance with this Act,— a: refer the disclosure to an appropriate authority or to another appropriate authority if the Ombudsman considers, after consultation with that appropriate authority, that any of the circumstances in section 9(1)(a) to (c) apply; or b: refer the disclosure to a Minister of the Crown if the Ombudsman considers, after consultation with that Minister, that any of the circumstances in section 10(1)(b)(i) to (iii) apply; or c: investigate the disclosure if the Ombudsman considers that— i: the disclosure relates to a public sector organisation; and ii: any of the circumstances in section 9(1)(a) to (c) or 10(1)(b)(i) to (iii) apply. 2: Subsection (1) a: applies despite sections 7 to 10: b: does not authorise an Ombudsman to act if the protected disclosure of information is in respect of the Office of the Parliamentary Commissioner for the Environment. 3: If an Ombudsman makes a referral under this section, he or she must promptly notify any organisation or other person that he or she is aware may be investigating the disclosure that the information disclosed has been referred under this section to an appropriate authority or Minister of the Crown for investigation. 4: A protected disclosure of information does not, by reason of an Ombudsman acting under subsection (1) 5: Nothing in this section prevents a protected disclosure of information being referred under— a: this section on more than 1 occasion; or b: section 16. 6: This section is subject to sections 12 to 14. 15A: Ombudsmen may take over some investigations or investigate in conjunction with public sector organisation 1: An Ombudsman may take over an investigation of a disclosure of information by a public sector organisation, or investigate a disclosure of information in conjunction with a public sector organisation, if— a: the disclosure is in respect of the public sector organisation; and b: the Ombudsman considers that any of the circumstances in section 10(1)(b)(i) to (iii) apply; and c: the employee who made the disclosure consents to the Ombudsman acting under this section; and d: in the case of an investigation in conjunction with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section. 2: However, subsection (1) 3: This section is subject to sections 12 to 14. 15B: Ombudsmen may review and guide investigations by public sector organisations 1: An Ombudsman may review and guide any investigation of a protected disclosure of information by a public sector organisation (either on the organisation’s request or at the Ombudsman’s discretion). 2: Subsection (1) 3: Subsection (1) 4: This section is subject to sections 12 to 14. 15C: Ombudsmen may receive reports on investigations and include information in annual report 1: The Ombudsmen may receive reports on the following investigations: a: investigations referred under section 15 b: investigations in relation to which an Ombudsman has acted under section 15B c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act. 2: The Ombudsmen may include (among other matters) in their annual report under section 29 of the Ombudsmen Act 1975 information concerning all or any of the following in respect of the period covered by the report: a: current guidance issued by the Ombudsmen in respect of this Act: b: the number and types of information and guidance inquiries made to the Ombudsmen in respect of this Act: c: the number of protected disclosures of information made to the Ombudsmen: d: the number of investigations of disclosures of information undertaken or taken over by the Ombudsmen: e: the number of investigations referred under section 15 f: the outcome of the matters referred to in paragraphs (b) to (e) 15D: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act The Chief Ombudsman may, by written notice, appoint a person to perform an Ombudsman’s functions under this Act. 15E: Miscellaneous provisions relating to Ombudsmen 1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975, including the function of each Ombudsman to make an investigation into a matter of his or her own motion under section 13(3) of that Act, are not limited by this Act. 2: The Ombudsmen have the same powers in relation to investigating a disclosure of information made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975, but are not bound to investigate the disclosure of information. 3: Sections 19, 20, and 30 of the Ombudsmen Act 1975 apply, with all necessary modifications, for the purpose of allowing an Ombudsman to obtain information, documents, papers, or things that would in his or her opinion assist him or her to act under section 6C, 15B, or 15C 9: New heading inserted The following heading is inserted above section 16 Reference from one appropriate authority to another of information disclosed 10: Confidentiality 1: Section 19(2) or under the Local Government Official Information and Meetings Act 1987 Official Information Act 1982 2: Section 19 3: An Ombudsman may— a: provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and b: otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1). 11: New section 19A inserted The following section is inserted after section 19 19A: Protections extend to volunteers of supporting information 1: The protections conferred by sections 17 to 19 apply, with all necessary modifications, to a person who volunteers supporting information as if the information were a protected disclosure of information. 2: In this section, a person volunteers supporting information if the person— a: provides information, in support of a protected disclosure of information made by another person, to— i: a person investigating the disclosure; or ii: the person who made the disclosure; and b: is an employee of the organisation in respect of which the disclosure was made; and c: wishes to provide the supporting information so that the serious wrongdoing can be investigated. 3: However, a person does not volunteer supporting information if the person provides the supporting information only after being— a: required to do so under any enactment, rule of law, or contract for the purposes of the investigation; or b: approached during the course of the investigation by, or on behalf of, the person investigating the matter. 12: New section 23 substituted Sections 23 24 23: No contracting out of Act 1: This Act has effect despite any provision to the contrary in any agreement or contract. 2: Any provision in any agreement or contract that purports to require an employee to withdraw or abandon a disclosure of information made under this Act is of no effect. 2: Transitional provision 13: Transitional provision The amendments made by this Act apply to disclosures of information made after the commencement of this Act.

DLM2218400

2009

Resource Management (Simplifying and Streamlining) Amendment Act 2009

1: Title This Act is the Resource Management (Simplifying and Streamlining) Amendment Act 2009. 2: Commencement This Act comes into force on 1 October 2009. 3: Principal Act amended This Act amends the Resource Management Act 1991 2009-10-01 Resource Management Act 1991 1: Amendments to principal Act 4: Interpretation 1: This section amends section 2(1) 2: The definitions of amendment board of inquiry declaration 3: The following definitions are inserted in their appropriate alphabetical order: Crown organisation section 4 of the Crown Organisations (Criminal Liability) Act 2002 employee a: in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and b: in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990 Environmental Protection Authority EPA section 42B proposed policy statement section 43AA use a: in sections 9, 10, 10A, 10B, 81(2), 176(1)(b)(i), and 193(a) i: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land: ii: drill, excavate, or tunnel land or disturb land in a similar way: iii: damage, destroy, or disturb the habitats of plants or animals in, on, or under land: iv: deposit a substance in, on, or under land: v: any other use of land; and b: in sections 9, 10A, 81(2), 176(1)(b)(i), and 193(a) . 4: The definition of applicant applicant a: in sections 37A, 40, 41B, 41C, and 42A i: for the purposes of a review of consent conditions, the consent holder; or ii: for any matter described in section 39(1) b: in section 96 i: initiates a matter described in section 39(1)(b) or (d) ii: holds a resource consent referred to in section 39(1)(c) iii: initiates a requirement for a designation: c: in Part 6AA section 141 . 5: The definition of certificate of compliance local authority consent authority or the Environmental Protection Authority 6: The definition of change change section 43AA . 7: The definition of consent authority the Minister of Conservation, 8: The definition of contaminated land contaminated land a: has significant adverse effects on the environment; or b: is reasonably likely to have significant adverse effects on the environment . 9: The definition of district plan district plan section 43AA . 10: The definition of district rule district rule section 43AAB . 11: The definition of land land a: includes land covered by water and the air space above land; and b: in a national environmental standard dealing with a regional council function under section 30 or a regional rule, does not include the bed of a lake or river; and c: in a national environmental standard dealing with a territorial authority function under section 31 or a district rule, includes the surface of water in a lake or river . 12: The definition of operative operative section 43AA . 13: The definition of plan plan section 43AA . 14: The definition of policy statement policy statement section 43AA . 15: The definition of proposed plan proposed plan section 43AAC . 16: The definition of public notice public notice a: means a notice published in a newspaper circulating in the entire area likely to be affected by the proposal to which the notice relates; and b: if a local authority also publishes a notice on an Internet site to which the public have free access, includes that notice . 17: The definition of regional coastal plan regional coastal plan section 43AA . 18: The definition of regional plan regional plan section 43AA . 19: The definition of regional policy statement regional policy statement section 43AA . 20: The definition of regional rule regional rule section 43AAB . 21: The definition of restricted coastal activity restricted coastal activity . 22: The definition of rule rule section 43AA . 23: The definition of submission submission . 24: The definition of survey plan survey plan cadastral survey dataset section 4 of the Cadastral Survey Act 2002 a: survey plan i: a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 1952 ii: a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952 b: survey plan i: a unit plan; and ii: a cadastral survey dataset to give effect to the grant of a cross lease or company lease . 25: The definition of variation variation section 43AA . 5: New section 2AA inserted The following section is inserted after section 2 2AA: Definitions relating to notification 1: The definitions in subsection (2) apply only in relation to— a: an application for a resource consent for an activity; or b: any of the following matters: i: a review of a resource consent: ii: an application to change or cancel a condition of a resource consent: iii: a notice of requirement for a designation or heritage order: iv: a notice of requirement to alter a designation or heritage order: v: an application or proposal to vary or cancel an instrument creating an esplanade strip: vi: a matter of creating an esplanade strip by agreement. 2: In this Act, unless the context requires another meaning,— affected order holder section 95F affected person section 95E limited notification section 95 notification public notification section 95 a: giving public notice of the application or matter in the prescribed form; and b: serving notice of the application or matter on every prescribed person. 6: Act to bind the Crown 1: Section 4(1) 1: This Act binds the Crown, except as provided in this section. 2: Section 4(3) Section 9(1) Section 9(3) 3: Section 4(5) 5: An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if— a: it is a Crown organisation; and b: the notice or direction is served or issued against the Crown organisation in its own name. 6: An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if— a: it is a Crown organisation; and b: a local authority applies for the order; and c: the order is made against the Crown organisation in its own name. 7: Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950 8: An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if— a: it is liable to be proceeded against for the alleged offence under subsection (9) b: the notice is served against the Crown organisation in its own name. 9: An instrument of the Crown may be prosecuted for an offence against this Act only if— a: it is a Crown organisation; and b: the offence is alleged to have been committed by the Crown organisation; and c: the proceedings are commenced— i: by a local authority or an enforcement officer; and ii: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and iii: in accordance with the Crown Organisations (Criminal Liability) Act 2002 10: However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 11: If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of— a: serving or issuing an abatement notice or excessive noise direction against it; and b: making an enforcement order against it; and c: serving an infringement notice on it; and d: enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it. 12: Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not— a: be served or issued with an abatement notice or excessive noise direction; or b: have an enforcement order made against it; or c: be served with an infringement notice; or d: be prosecuted for an offence against this Act. 7: New section 9 substituted Section 9 9: Restrictions on use of land 1: No person may use land in a manner that contravenes a national environmental standard unless the use— a: is expressly allowed by a resource consent; or b: is allowed by section 10 c: is an activity allowed by section 10A d: is an activity allowed by section 20A 2: No person may use land in a manner that contravenes a regional rule unless the use— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 3: No person may use land in a manner that contravenes a district rule unless the use— a: is expressly allowed by a resource consent; or b: is allowed by section 10 c: is an activity allowed by section 10A 4: No person may contravene section 176, 178, 193, or 194 5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority. 6: This section does not apply to use of the coastal marine area. 8: Certain existing uses in relation to land protected Section 10(6) 9: Certain existing activities allowed 1: Section 10A being notified taking legal effect in accordance with section 86B or 149N(8) 2: Section 10A is notified takes legal effect in accordance with section 86B or 149N(8) 3: Section 10A the rule in the plan becomes operative 4: Section 10A the rule in the proposed plan 5: Section 10A(1)(a) and (b) was notified took legal effect in accordance with section 86B or 149N(8) 10: Certain existing building works allowed 1: Section 10B was notified took legal effect in accordance with section 86B or 149N(8) 2: Section 10B(3)(a) has been notified has taken legal effect in accordance with section 86B or 149N(8) 3: Section 10B(4) 4: Section 10(4) and (5) 11: Restrictions on subdivision of land Section 11(1)(a) a: both, first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent and, second, shown on one of the following: i: a survey plan, as defined in paragraph (a)(i) of the definition of survey plan section 2(1) Part 10 ii: a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan section 2(1) section 228 iii: a survey plan, as defined in paragraph (b) of the definition of survey plan section 2(1) Part 10 . 12: Restrictions on use of coastal marine area 1: Section 12(1) rule in a regional coastal plan and in any relevant proposed regional coastal plan national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), 2: Section 12(2) rule in a regional coastal plan and in any relevant proposed regional coastal plan or by national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or 3: Section 12(3) rule in a regional coastal plan or a proposed regional coastal plan national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) 4: Section 12(4) national environmental standard or the but for the 5: Section 12(5) 5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council. 13: Restriction on certain uses of beds of lakes and rivers 1: Section 13(1) rule in a regional plan and in any relevant proposed regional plan national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), 2: Section 13(2) 2: No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 2A: The activities are— a: to enter onto or pass across the bed of a lake or river: b: to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river: c: to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river: d: to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river. 14: Restrictions relating to water 1: Section 14(1) and (2) 1: No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 2: No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3): a: water other than open coastal water; or b: heat or energy from water other than open coastal water; or c: heat or energy from the material surrounding geothermal water. 2: Section 14(3) subsection (1) subsection (2) 3: Section 14(3)(a) use, damming, or diversion is expressly allowed by a rule in a regional plan and in any relevant proposed regional plan using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), 15: Discharge of contaminants into environment 1: Section 15(1) rule in a regional plan and in any relevant proposed regional plan, a resource consent, or regulations national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent 2: Section 15(2) 2: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge— a: is expressly allowed by other regulations; or b: is expressly allowed by a resource consent; or c: is an activity allowed by section 20A 2A: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge— a: is expressly allowed by a national environmental standard or other regulations; or b: is expressly allowed by a resource consent; or c: is an activity allowed by section 20A 16: Duty to avoid unreasonable noise Section 16(2) 2: A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B 17: Duty to avoid, remedy, or mitigate adverse effects Section 17(1) 1: Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with— a: any of sections 10, 10A, 10B, and 20A b: a national environmental standard, a rule, a resource consent, or a designation. 18: Sections 19 and 20 and heading above section 19 repealed Sections 19 20 19: New heading inserted The following heading is inserted above section 20A Certain existing lawful activities allowed . 20: Certain existing lawful activities allowed 1: Section 20A(1) being notified taking legal effect in accordance with section 86B or 149N(8) 2: Section 20A(1) was notified took legal effect in accordance with section 86B or 149N(8) 21: New section 22 substituted Section 22 22: Duty to give certain information 1: This section applies when an enforcement officer has reasonable grounds to believe that a person ( person A 2: The enforcement officer may direct person A to give the officer the following information: a: if person A is a natural person, his or her full name, address, and date of birth: b: if person A is not a natural person, person A's full name and address. 3: The enforcement officer may also direct person A to give the officer the following information about a person ( person B a: if person B is a natural person, his or her full name, address, and date of birth: b: if person B is not a natural person, person B's full name and address. 22: Functions of Minister for the Environment Section 24(c) c: to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA . 23: Power of Minister for the Environment to investigate and make recommendations Section 24A(a) or regulations under this Act Act 24: New section 25B inserted The following section is inserted after section 25A 25B: Ministers may direct commencement of review 1: The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence. 2: The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence. 3: The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence. 4: For the purposes of subsections (1) to (3), section 79(5) to (9) 25: Functions of Minister of Conservation 1: Section 28(c) 2: Section 28(d) granted by the Minister of Conservation for restricted coastal activities 26: New section 28A substituted Section 28A 28A: Regional council must supply information to Minister of Conservation 1: The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of— a: a coastal permit relating to its region; or b: its regional coastal plan; or c: the exercise of a recognised customary activity in its region. 2: The Minister of Conservation must request the required information by giving a written and dated notice to the regional council. 3: The council must supply the information to the Minister of Conservation within— a: 20 working days of the date of the notice; or b: a longer time set by the Minister of Conservation. 4: The council must not charge for supplying the information. 27: Delegation of functions by Ministers 1: Section 29(1)(a) to (h) a: certifying any work or activity under section 4: b: appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25: c: recommending the making of a national environmental standard under section 44 d: recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57 e: the following functions, powers, and duties under Part 6AA i: deciding whether to make a direction under section 142(2) or 147(1) ii: appointing a board of inquiry under section 149J section 142(2) or 147(1)(a) iii: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a) iv: deciding whether to intervene in a matter under section 149ZA v: deciding under section 149ZC section 149ZB f: recommending the making of an Order in Council under section 150C g: recommending the making of an Order in Council under section 165O h: approving an applicant as a requiring authority under section 167 i: approving an applicant as a heritage protection authority under section 188 j: recommending the issue or amendment of a water conservation order under section 214 or 216 k: recommending the appointment of an Environment Judge or alternate Environment Judge under section 250 l: recommending the appointment of the Principal Environment Judge under section 251 m: recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254 n: recommending the making of regulations under section 360 o: approving a regional coastal plan under clause 19 of Schedule 1 p: making a decision on any controls to be imposed on a recognised customary activity under Schedule 12 q: this power of delegation. 2: Section 29 4: The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under Part 6AA sections 357B to 357D a: deciding whether to make a direction under section 142(2) or 147(1) b: appointing a board of inquiry under section 149J section 142(2) or 147(1)(a) c: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a) d: deciding whether to intervene in a matter under section 149ZA e: deciding under section 149ZC section 149ZB 5: A delegation under subsection (4)— a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and b: does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned. 28: Delegation of powers and functions to employees and other persons Section 34A(1)(a) a: the approval of a proposed policy statement or plan under clause 17 of Schedule 1 . 29: Duty to gather information, monitor, and keep records 1: Section 35(1) or regulations under this Act Act 2: Section 35(5)(f) national environmental standard or any 3: Section 35(5)(ga) sections 93 to 94C sections 37, 87E, 95 to 95F, 198C, and 198H 4: Section 35(5)(h) 30: Duty to keep records about iwi and hapu Section 35A or regulations under this Act Act 31: Administrative charges 1: Section 36(1) aa: charges payable by an applicant who makes a request under section 100A ab: charges payable if 1 or more submitters make a request under section 100A i: charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i): ac: charges payable by a requiring authority or heritage protection authority who makes a request under section 100A ad: charges payable if 1 or more submitters make a request under section 100A i: charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i): . 2: Section 36(1)(b) any 1 or more of local authority of 3: Section 36(1)(cb) any 1 or more of local authority of 4: Section 36(1)(cb) ; or iv: the review is carried out under section 128(2) 5: Section 36(1)(d) any 1 or more of local authority of 6: Section 36 8: However, subsection (7) does not apply to a charge to which subsection (1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order). 32: New section 36AA inserted The following section is inserted after section 36 36AA: Local authority policy on discounting administrative charges 1: A local authority may provide a discount on an administrative charge imposed under section 36 section 360(1)(hj) 2: The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 section 360(1)(hj) 3: A local authority may adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002 section 36 of this Act a: an application for a resource consent or an application to change or cancel conditions under section 127 b: the responsibility for the failure rests with the local authority. 4: The policy must specify— a: the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and b: the procedure an applicant must follow to obtain the discount. 5: If a discount in a policy adopted under subsection (3) is more generous than that provided for in the regulations the local authority may comply with the policy instead of the regulations. 33: Requirements for waivers and extensions Section 37A 3: Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of— a: an application for a resource consent; or b: an application to change or cancel a condition of a resource consent; or c: a review of a resource consent. 4: A consent authority may extend a time period under section 37 a: the time period as extended does not exceed twice the maximum time period specified in this Act; and b: either— i: special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or ii: the applicant agrees to the extension; and c: the authority has taken into account the matters specified in subsection (1). 5: A consent authority may extend a time period under section 37 so that the extended period exceeds twice the maximum time period specified in the Act only if— a: the applicant agrees to the extension; and b: the authority has taken into account the matters specified in subsection (1). 6: A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver. 34: Persons to have powers of consent authority for purposes of sections 37 and 37A Section 37B(a) and (b) a: the Minister, while carrying out any of his or her functions under Part 6AA b: a board of inquiry appointed under section 149J Part 6AA section 149R ba: the EPA, while carrying out its functions under Part 6AA section 146(1) . 35: Authorisation and responsibilities of enforcement officers 1: Section 38(3)(a) a: compliance with a resource consent issued by that Minister under section 31A . 2: Section 38(3)(b) 36: Hearings to be public and without unnecessary formality 1: Section 39(1) 146 149J 2: Section 39(1)(a) plan, or change or variation to a policy statement or plan a plan, a change, or a variation 3: Section 39(1)(c) an application for 4: Section 39(1)(d) change any change or cancel a 5: Section 39(1)(e) e: a matter for which a direction has been made under section 142(2) or 147(1)(a) . 6: Section 39(1) fa: a requirement to alter a designation or heritage order; or . 37: Directions to provide evidence within time limits Section 41B(5) 5: If the authority has exercised a power under this section, section 101(2) 6: If section 87I, 198G, or 198N 7: In any other case, the authority must hold the hearing within 40 working days after the closing date for submissions. 38: Directions and requests before or at hearings Section 41C(5) 5: The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission. 5A: Subsection (5B) applies to— a: any further information that— i: is requested under subsection (2) or (3); and ii: is received in writing or electronically after the start of the hearing; but iii: is not given as evidence at the hearing; and b: any report that is commissioned under subsection (4). 5B: The authority must— a: provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and b: make the further information or report available at its office to any person who made a submission and did not state a wish to be heard. 5C: However, the authority does not need to provide further information to the applicant or submitter who provided the information. 39: Protection of sensitive information Section 42(6)(b) b: local authority i: a board of inquiry appointed under section 47 or 149J ii: a community board: iii: a public body: iv: a special tribunal: v: a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, and 202 40: Reports to local authority 1: Section 42A(1) as defined in section 42(6) (as local authority is defined in section 42(6)(b) 2: Section 42A 1A: The report does not need to repeat material from an assessment of environmental effects provided by the applicant. 1B: Instead, the report may— a: adopt the whole assessment; or b: adopt any part of the assessment by referring to the part adopted. 3: Section 42A(3) and (4) 3: If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy— a: at least 15 working days before the hearing, if the authority gives a direction under section 41B b: at least 5 working days before the hearing, if the authority does not give a direction under section 41B 4: If the report is in writing, the authority must— a: make the report available at its office to any person who made a submission and did not state a wish to be heard; and b: give written or electronic notice to those submitters that the report is available at the authority's office. 5: The local authority may waive compliance with— a: subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or b: subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph. 41: New Part 4A inserted The following Part is inserted after Part 4 4A: Environmental Protection Authority 42B: Establishment of Environmental Protection Authority This section establishes the Environmental Protection Authority. 42C: Functions of EPA The functions of the Environmental Protection Authority are— a: to receive matters lodged under section 145 b: to make recommendations to the Minister under section 146 or 149ZB c: to make decisions under section 139 on applications for certificates of compliance for proposals or activities that are related to proposals of national significance: d: to provide secretarial and support services to boards of inquiry appointed under section 149J e: to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4) f: to exercise any other functions specified in this Act. 42D: Secretary for the Environment to exercise functions of EPA 1: The Environmental Protection Authority is an office within the Ministry for the Environment. 2: The Secretary for the Environment has and may exercise all the powers and perform all the functions and duties of the Environmental Protection Authority. 3: The Secretary for the Environment may delegate any function, duty, or power imposed upon him or her by the operation of subsection (2) to any employee of the Ministry for the Environment. 4: In this section, Secretary for the Environment section 29 of the Environment Act 1986 42: New sections 43AA to 43AAC inserted The following sections are inserted after the heading to Part 5 43AA: Interpretation In this Act, unless the context requires another meaning,— change a: a change proposed by a local authority to a policy statement or plan under clause 2 of Schedule 1 b: a change proposed by any person to a policy statement or plan by a request under clause 21 of Schedule 1 district plan a: means an operative plan approved by a territorial authority under Schedule 1 b: includes all operative changes to the plan (whether arising from a review or otherwise) operative a: has become operative— i: in terms of clause 20 of Schedule 1 ii: under section 86F b: has not ceased to be operative plan policy statement proposed policy statement clause 5 of Schedule 1 clause 20 of Schedule 1 regional coastal plan a: means an operative plan approved by the Minister of Conservation under Schedule 1 b: includes all operative changes to the plan (whether arising from a review or otherwise) regional plan a: means an operative plan approved by a regional council under Schedule 1 b: includes a regional coastal plan regional policy statement a: means an operative regional policy statement approved by a regional council under Schedule 1 b: includes all operative changes to the policy statement (whether arising from a review or otherwise) rule variation clause 16A of Schedule 1 a: a proposed policy statement or plan; or b: a change. 43AAB: Meaning of district rule and regional rule 1: In this Act, unless the context otherwise requires, district rule section 76 2: Subsection (1) is subject to section 86B and clause 10(5) 3: In this Act, unless the context otherwise requires, regional rule section 68 4: Subsection (3) is subject to section 86B and clause 10(5) 43AAC: Meaning of proposed plan 1: In this Act, unless the context otherwise requires, proposed plan a: means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 of Schedule 1 clause 20 of Schedule 1 b: includes a proposed plan or a change to a plan proposed by a person under Part 2 of Schedule 1 clause 25(2)(a) of Schedule 1 2: Subsection (1) is subject to section 86B and clause 10(5) 43: Additional powers to implement national environmental standards 1: The heading to section 43A Contents of national environmental standards 2: Section 43A 7: A national environmental standard may specify the activities for which the consent authority— a: must give public notification of an application for a resource consent: b: is precluded from giving public notification of an application for a resource consent: c: is precluded from giving limited notification of an application for a resource consent. 44: Relationship between national environmental standards and rules or consents Section 43B(5) to (8) 5: A land use consent or a subdivision consent granted before the date on which a national environmental standard is notified in the Gazette 6: A coastal, water, or discharge permit granted before the date on which a national environmental standard is notified in the Gazette section 128(1)(ba) 7: This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is notified in the Gazette 45: New sections 44 and 44A substituted Section 44 44: Restriction on power to make national environmental standards 1: The Minister must follow the steps set out in subsection (2) before recommending the making of a national environmental standard to the Governor-General. Subsection (3) modifies this subsection. 2: The steps are— a: to notify the public and iwi authorities of— i: the proposed subject matter of the standard; and ii: the Minister's reasons for considering that the standard is consistent with the purpose of the Act; and b: to establish a process that— i: the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and ii: requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and c: to publicly notify the report and recommendation. 3: The Minister need not follow the steps if the Minister is recommending the making of an amendment— a: that has no more than a minor effect; or b: that corrects errors or makes similar technical alterations. 44A: Local authority recognition of national environmental standards 1: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard. 2: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if— a: both of the following apply: i: the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and ii: the standard does not expressly say that a rule may be more stringent than it; or b: the rule is more lenient than the provision. 3: If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e) a: without using the process in Schedule 1 b: in accordance with the specification in the national environmental standard. 4: If the duplication or conflict arises as described in section 43A(5)(c) a: without using the process in Schedule 1 b: as soon as practicable after the date on which the standard comes into force. 5: In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict— a: without using the process in Schedule 1 b: as soon as practicable after the date on which the standard comes into force. 6: A local authority may amend a plan or proposed plan to include a reference to a national environmental standard— a: without using the process in Schedule 1 b: after the date on which the standard comes into force. 7: Every local authority and consent authority must observe national environmental standards. 8: Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so. 46: Minister chooses process 1: Section 46A(2)(b)(i) i: national environmental standards; and ia: other national policy statements; and . 2: Section 46A(3) 47: Board of inquiry Section 47 3: A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. 48: New section 47A inserted The following section is inserted after section 47 47A: Board of inquiry to suspend consideration or consider additional material 1: The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2) a: direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material): b: provide the board with additional material to consider. 2: The Minister must give public notice of a direction under subsection (1)(a), including the reasons for the direction. 3: A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)(a). 49: Conduct of hearing Section 50(3) 3: The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42 4: To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40 50: Matters to be considered and board of inquiry's report Section 51(1) ca: any additional material provided by the Minister under section 47A(1)(b) . 51: New section 51A inserted The following section is inserted after section 51 51A: Withdrawal of proposed national policy statement 1: The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2) 2: The Minister must give public notice of the withdrawal, including the reasons for the withdrawal. 3: If a board of inquiry has not reported to the Minister under section 51(2) a: withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or b: withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act. 52: Consideration of recommendations and approval of statement 1: The heading to section 52 or withdrawal approval 2: Section 52(1) 1: The Minister must consider a report and any recommendations made to him or her by a board of inquiry under section 51 a: make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or b: withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal. 3: Section 52(3)(c) c: provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations); and . 53: Local authority recognition of national policy statements Section 55(2) and (2A) 2: A local authority must amend a document, if a national policy statement directs so,— a: to include specific objectives and policies set out in the statement; or b: so that objectives and policies specified in the document give effect to objectives and policies specified in the statement. 2A: The local authority must— a: make the amendments referred to in subsection (2) without using the process in Schedule 1 b: give public notice of the amendments within 5 working days after making them. 2B: The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document. 2C: The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1 2D: In all cases, the local authority must make the amendments— a: as soon as practicable; or b: within the time specified in the national policy statement (if any); or c: before the occurrence of an event specified in the national policy statement (if any). 54: Contents of New Zealand coastal policy statements Section 58(e) e: the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities— i: have or are likely to have significant or irreversible adverse effects on the coastal marine area; or ii: relate to areas in the coastal marine area that have significant conservation value: . 55: Matters to be considered by regional council (policy statements) Section 61(3) or the effects of trade competition 56: Matters to be considered by regional council (plans) Section 66(3) or the effects of trade competition 57: Regional rules Section 68(11) If paragraph (b) of the definition of contaminated land applies, a A 58: Matters to be considered by territorial authority Section 74(3) or the effects of trade competition 59: District rules 1: Section 76 4A: However, a rule must not prohibit or restrict the felling, trimming, damaging, or removal of any tree or group of trees in an urban environment unless the tree or group of trees is— a: specifically identified in the plan; or b: located within an area in the district that— i: is a reserve (within the meaning of section 2(1) of the Reserves Act 1977 ii: is subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 Reserves Act 1977 4B: In subsection (4A), urban environment 2 a: that is connected to a reticulated water supply system and a reticulated sewerage system; and b: on which is a building used for industrial or commercial purposes, or a dwellinghouse. 2: Section 76(5) If paragraph (b) of the definition of contaminated land applies, a A 60: New sections 77A and 77B substituted Sections 77A 77B 77A: Power to make rules to apply to classes of activities and specify conditions 1: A local authority may— a: categorise activities as belonging to one of the classes of activity described in subsection (2); and b: make rules in its plan or proposed plan for each class of activity that apply— i: to each activity within the class; and ii: for the purposes of that plan or proposed plan; and c: specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 or 220 2: An activity may be— a: a permitted activity; or b: a controlled activity; or c: a restricted discretionary activity; or d: a discretionary activity; or e: a non-complying activity; or f: a prohibited activity. 3: Subsection (1)(b) is subject to section 77B 77B: Duty to include certain rules in relation to controlled or restricted discretionary activities 1: Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity. 2: The local authority must specify in the rule the matters over which it has reserved control in relation to the activity. 3: Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity. 4: The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity. 61: Section 77C repealed Section 77C 62: New section 77D substituted Section 77D 77D: Rules specifying activities for which consent applications must be notified or are precluded from being notified A local authority may make a rule specifying the activities for which the consent authority— a: must give public notification of an application for a resource consent: b: is precluded from giving public notification of an application for a resource consent: c: is precluded from giving limited notification of an application for a resource consent. 63: Section 78A repealed Section 78A 64: New section 79 substituted Section 79 79: Review of policy statements and plans 1: A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years: a: a regional policy statement: b: a regional plan: c: a district plan. 2: If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Part 1 of Schedule 1 3: If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision— a: as if it were a change; and b: in the manner set out in Part 1 of Schedule 1 4: Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has: a: a regional policy statement: b: a regional plan: c: a district plan. 5: In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative. 6: If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Part 1 of Schedule 1 7: If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan— a: as if it were a proposed policy statement or plan; and b: in the manner set out in Part 1 of Schedule 1 8: A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section. 9: The obligations on a local authority under this section are in addition to its duty to monitor under section 35 65: Circumstance when further review required Section 79A(3) Section 79(4), (5), and (6) Section 79(5), (8), and (9) 66: New section 80 substituted Section 80 80: Combined regional and district documents 1: Local authorities may prepare, implement, and administer the combined regional and district documents as set out in subsections (2) to (6). 2: A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following: a: a regional policy statement: b: a regional plan, including a regional coastal plan: c: a district plan. 3: Two or more territorial authorities may prepare, implement, and administer a combined district plan for the whole or any part of their combined districts. 4: Two or more regional councils may prepare, implement, and administer a document that meets the requirements of the following: a: a regional plan, including a regional coastal plan, for the whole or any part of their combined regions: b: a regional policy statement, for the whole or any part of their combined regions: c: a regional plan, including a regional coastal plan, and a regional policy statement, for the whole or any part of their combined regions. 5: One or more regional councils or territorial authorities may prepare, implement, and administer a combined regional and district plan for the whole or any part of their respective regions or districts. 6: A regional council and all the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following: a: a regional policy statement for the region; and b: a regional plan, including a regional coastal plan, for the region; and c: either— i: a district plan for each of the territorial authorities; or ii: a combined district plan for their combined districts. 7: Without limiting subsections (1) to (6), local authorities must consider the preparation of the appropriate combined document under this section whenever significant cross-boundary issues relating to the use, development, or protection of natural and physical resources arise or are likely to arise. 8: A combined document prepared under this section must clearly identify— a: the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and b: the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement; and c: which local authority is responsible for observing, and enforcing the observance of, each provision of the document. 9: A combined document prepared under this section— a: must be prepared in accordance with Schedule 1 b: when approved by a local authority is deemed, for the purposes of this Act, to be a plan or regional policy statement separately prepared and approved by that authority for its region or district, as the case may be. 10: Subsection (9)(b) applies whether or not the combined document is approved by any of the other local authorities concerned. 11: Clause 30 of Schedule 7 of the Local Government Act 2002 67: Disputes Section 82(3) 3: If a dispute about whether there is an inconsistency described in subsection (1)(a) or (b) is referred to the Court, and the Court considers that there is an inconsistency, the Court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1 4: If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement is referred to the Court, and the Court considers that the policy statement or plan does not give effect to the other policy statement, the Court must order the authority responsible for the policy statement or plan to amend it in accordance with section 55 5: However, the Court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement, is of minor significance that does not affect the general intent and purpose of the policy statement, plan, or water conservation order concerned. 6: To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2) 68: New heading and sections 86A to 86G inserted The following heading and sections are inserted after section 86 Legal effect of rules 86A: Purpose of sections 86B to 86G 1: The purpose of sections 86B to 86G section 86B(6) 2: Except to the extent that subsection (1) applies, sections 86B to 86G 86B: When rules in proposed plans and changes have legal effect 1: A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4) a: subsection (3) applies; or b: the Environment Court, in accordance with section 86D c: the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 of Schedule 1 2: However, subsection (1)(c) applies only if— a: the local authority makes the decision before publicly notifying the proposed plan under clause 5 of Schedule 1 b: the public notification includes the decision; and c: the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C 3: A rule in a proposed plan has immediate legal effect if the rule— a: protects or relates to water, air, or soil (for soil conservation); or b: protects areas of significant indigenous vegetation; or c: protects areas of significant habitats of indigenous fauna; or d: protects historic heritage; or e: provides for or relates to an aquaculture management area. 4: For the purposes of subsection (2)(c), a decision is rescinded a: the local authority publicly notifies that the decision is rescinded; and b: the public notice includes a statement of the decision to which it relates and the date on which the recision was made. 5: For the purposes of subsection (3), immediate legal effect clause 5 of Schedule 1 6: A rule in a change to a plan proposed by a person under Part 2 of Schedule 1 clause 25(2)(b) of Schedule 1 clause 26(b) of that schedule 86C: When rule has legal effect if decision to delay its effect is rescinded 1: This section applies to a rule to which section 86B(1)(c) 2: The rule has legal effect from the later of— a: the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded: b: the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) 86D: Environment Court may order rule to have legal effect from date other than standard date 1: In this section, rule a: in a proposed plan or change; and b: that is not a rule of a type described in section 86B(3)(a) to (e) or (6) 2: A local authority may apply before or after the proposed plan is publicly notified under clause 5 of Schedule 1 clause 10(4) 3: If the Court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of— a: the date that the proposed plan is publicly notified; and b: the date of the court order. 86E: Local authorities must identify rules having early or delayed legal effect 1: A local authority must clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) a: at the time the proposed plan is notified under clause 5 of the Schedule b: as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D 2: A local authority must clearly identify any rule of a type described in section 86B(6) 3: The identification of a rule in a proposed plan or change under subsection (1) or (2)— a: does not form part of the proposed plan or change; and b: may be removed, without any further authority than this subsection, by the local authority once the plan or change becomes operative in accordance with clause 20 of Schedule 1 86F: When rules in proposed plans must be treated as operative A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,— a: no submissions in opposition have been made or appeals have been lodged; or b: all submissions in opposition and appeals have been determined; or c: all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed. 86G: Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act 1: A reference in this Act or in any regulations made under it to a rule in a proposed plan or a change does not include a reference to a rule in the proposed plan or change that— a: has not taken legal effect in accordance with section 86B b: has not become operative under section 86F 2: Subsection (1) applies subject to any express provision to the contrary in this Act. 69: New sections 87A to 87I inserted The following sections are inserted after section 87 87A: Classes of activities 1: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 2: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and— a: the consent authority must grant a resource consent (except if section 106 b: the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and c: the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 3: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and— a: the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 4: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and— a: the consent authority may decline the consent or grant the consent with or without conditions; and b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 5: If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may— a: decline the consent; or b: grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D 6: If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a prohibited activity,— a: no application for a resource consent may be made for the activity; and b: the consent authority must not grant a consent for it. 87B: Certain activities to be treated as discretionary activities or prohibited activities 1: An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if— a: Part 3 b: a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A c: a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative. 2: Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 3: Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) 4: An activity prohibited by section 105(2)(b) of the Historic Places Act 1993 Streamlining decision-making on resource consents 87C: Sections 87D to 87I apply to resource consent applications 1: Sections 87D to 87I a: an application for a resource consent that has been notified: b: an application to change or cancel a condition of a resource consent that has been notified. 2: If the application is called in under section 142(2) sections 87D to 87I 87D: Request for application to go directly to Environment Court 1: The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority. 2: The applicant must make the request in the period— a: starting on the day on which the application is made; and b: ending 5 working days after the date on which the period for submissions on the application closes. 3: The applicant must make the request electronically or in writing on the prescribed form. 87E: Consent authority’s decision on request 1: If the consent authority determines under section 88(3) Section 88(4) and (5) 2: If the consent authority receives the request after it has determined that the application will not be notified, it must return the request. 3: If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5). 4: If the consent authority decides not to notify the application, it must return the request. 5: If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification. 6: In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request. 7: No submitter has a right to be heard by the consent authority on a request. 8: If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision. 9: If the consent authority declines the request under subsection (5) or (6) the applicant may object to the consent authority under section 357A(1)(e) 87F: Consent authority's subsequent processing 1: If the consent authority does not grant the applicant's request under section 87D 2: If the consent authority grants the applicant's request under section 87D 3: The consent authority must prepare a report on the application within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the application closes: b: the period that ends 20 working days after the date on which the authority decides to grant the request. 4: In the report, the consent authority may— a: address issues that are set out in sections 104 to 112 b: suggest conditions that it considers should be imposed if the Environment Court grants the application. 5: As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to— a: the applicant; and b: every person who made a submission on the application. 87G: Environment Court determines application 1: Subsection (2) applies to an applicant who— a: receives a report provided under section 87F(5) b: continues to want the application to be determined by the Environment Court instead of by a consent authority. 2: The applicant must,— a: within 10 working days after receiving the report, lodge with the Environment Court a notice of motion in the prescribed form specifying the orders sought and the grounds upon which the application is made, and a supporting affidavit as to the matters giving rise to the application; and b: as soon as is reasonably practicable after lodging the notice of motion, serve a copy of the notice of motion and affidavit on— i: the consent authority that granted the applicant's request under section 87D ii: every person who made a submission to the authority on the application; and c: tell the Registrar of the Environment Court when the copies have been served. 3: A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with— a: the application to which the notice of motion relates; and b: the authority's report on the application; and c: all the submissions on the application that the authority received; and d: all the information and reports on the application that the authority was supplied with. 4: Section 274 5: Part 11 6: If considering a matter that is an application for a resource consent, the Court must apply sections 104 to 112 and 138A 7: If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the Court must apply sections 104 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation. 87H: Residual powers of consent authority The consent authority that would have determined the application had the Environment Court not done so under section 87G 87I: When consent authority must determine application 1: This section applies when— a: an applicant receives a report under section 87F(5) b: either— i: the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2) ii: the applicant does not lodge a notice of motion with the Environment Court under section 87G(2) c: the applicant continues to want the application determined. 2: The application must be determined by the consent authority. 70: Description of type of activity to remain same 1: Section 88A(1)(a) or 145 section 88 2: Section 88A(1)(b) under section 88, or for which the activity is treated under section 77C , or that the application was treated as being made under section 87B clause 10(3) clause 10(1) 3: Section 88A(3) 71: New sections 88B to 88E substituted Sections 88B 88C 88B: Time limits from which time periods are excluded 1: Subsection (2) lists the time limits from which certain time periods must be excluded. Subsection (3) lists the time periods that must be excluded from the time limits. 2: The time limits are those in the following provisions: a: section 95 b: section 41B(6) and (7) c: section 87F(3) section 87G d: section 101(2) section 41B e: section 115 f: section 173 g: section 198D(3) section 198E h: section 198J(2) section 198K 3: The time periods are those described in the following provisions: a: section 88C(2), (4), and (6) b: section 88D(2), (4), (6), (8), (10), (12), and (14) c: section 88E(2), (4), and (6) 4: Despite subsection (3), any applicable time periods described in section 88D(2) and (8) section 95 88C: Excluded time periods relating to provision of further information 1: Subsection (2) applies when— a: an authority has requested an applicant, under section 92(1) b: the request is the first request made by the authority to the applicant under that provision— i: at all; or ii: after the closing date for submissions. 2: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date of the request under section 92(1) b: ending as follows: i: if the applicant provides the information within 15 working days, the date on which the applicant provides the information: ii: if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information: iii: if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a) iv: if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends: v: if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information. 3: Subsection (4) applies when— a: an authority has notified an applicant, under section 92(2)(b) b: the applicant agrees, under section 92B(1) 4: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date of the notification under section 92(2)(b) b: ending with the date on which the authority receives the report. 5: Subsection (6) applies when— a: an authority has notified an applicant, under section 92(2)(b) b: the applicant does not agree, under section 92B(1) 6: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date of the notification under section 92(2)(b) b: ending with the earlier of the following: i: the date on which the period of 15 working days ends; and ii: the date on which the authority receives the applicant's refusal, under section 92B(1) 88D: Excluded time periods relating to direct referral (for resource consents and also for notices of requirement) 1: Subsection (2) applies when an applicant makes a request under section 87D(1) 2: The period that must be excluded from every applicable provision listed in section 88B(2) section 88B(2)(a) a: starting with the date on which the consent authority receives the request; and b: ending with the earliest of the following: i: if section 87E(5) ii: if section 87E(6) iii: the date on which the authority gives the applicant the authority's decision on the request. 3: Subsection (4) applies when an applicant objects to a consent authority against the authority's decision not to grant the applicant's request under section 87D 4: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date on which the consent authority receives the objection; and b: ending with the date on which the authority notifies the applicant of its decision on the objection. 5: Subsection (6) section 87F(5)(a) 6: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date on which the consent authority provides the report; and b: ending with the earlier of the following: i: the date on which the 10 working days referred to in section 87G(2)(a) ii: the date on which the applicant notifies the authority, in writing or electronically, that the applicant does not intend to lodge a notice of motion under section 87G(2)(a) 7: Subsection (8) applies when a requiring authority or heritage protection authority makes a request under section 198B(1) 8: The period that must be excluded from every applicable provision listed in section 88B(2) section 88B(2)(a) a: starting with the date on which the territorial authority receives the request; and b: ending with the earliest of the following: i: if section 198C(4) ii: if section 198C(5) iii: the date on which the authority gives the requiring authority or heritage protection authority the authority's decision on the request. 9: Subsection (10) applies when a requiring authority or heritage protection authority objects to a territorial authority against the authority's decision not to grant the requiring authority's or heritage protection authority's request under section 198B(1) 10: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date on which the territorial authority receives the objection; and b: ending with the date on which the authority notifies the requiring authority or heritage protection authority 11: Subsection (12) applies when a requiring authority or heritage protection authority receives a report provided under section 198D(5)(a) 12: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date on which the territorial authority provides the report; and b: ending with the earlier of the following: i: the date on which the 10 working days referred to in section 198E(2)(a) ii: the date on which the requiring authority or heritage protection authority notifies the territorial authority, in writing or electronically, that the requiring authority or heritage protection authority does not intend to lodge a notice of motion under section 198E(2)(a) 13: Subsection (14) applies when a territorial authority provides a report under section 198J(4) 14: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date on which the territorial authority provides the report; and b: ending with the earlier of the following: i: the date on which the 10 working days referred to in section 198K(1)(a) ii: the date on which the territorial authority decides not to lodge a notice of motion under section 198K(1)(a) 88E: Excluded time periods relating to other matters 1: Subsection (2) applies when a consent authority determines, under section 91(1) 2: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date of the notification of the determination to the applicant under section 91(2) b: ending with— i: the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b) ii: the date of an Environment Court order revoking the authority's determination. 3: Subsection (4) applies when an applicant tries, for the purposes of sections 95E(3) and 95F 4: The period that must be excluded from every applicable provision listed in section 88B(2) 5: Subsection (6) applies when a consent authority refers persons to mediation under section 99A. 6: The period that must be excluded from every applicable provision listed in section 88B(2) a: starting with the date of the reference; and b: ending with the earlier of the following: i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and ii: the date on which the mediator reports the outcome of the mediation to the authority. 72: New section 89A inserted The following section is inserted after section 89 89A: Applications affecting navigation to be referred to Maritime New Zealand 1: This section applies to the following applications: a: an application for a coastal permit to do any of the following in the coastal marine area: i: reclaim land: ii: build a structure: iii: do or maintain works for the improvement, management, protection, or utilisation of a harbour: b: an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area: c: an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river: d: an application for a land use consent to use the bed of a navigable lake or river. 2: The local authority must send a copy of the application to Maritime New Zealand. 3: Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes. 4: If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report. 5: The local authority must— a: ensure that a copy of Maritime New Zealand's report is provided to— i: the applicant; and ii: every person who has made a submission on the application: b: take the report into account in its consideration of the application. 73: Further information, or agreement, may be requested 1: Section 92 3B: The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office. 2: Section 92(5) 74: Responses to request Section 92A(3) to (6) 3: The consent authority must consider the application under section 104 a: does not respond to the request; or b: agrees to provide the information under subsection (1)(b) but does not do so; or c: refuses to provide the information under subsection (1)(c). 75: Responses to notification Section 92B 2: The consent authority must consider the application under section 104 a: does not respond in accordance with subsection (1); or b: refuses to agree to the commissioning of the report. 76: New heading and sections 93 to 95F substituted Sections 93 to 95 Public notification and limited notification of applications 95: Time limit for public notification or limited notification A consent authority must, within 10 working days after the day an application for a resource consent is first lodged,— a: decide whether to give public or limited notification of the application; and b: notify the application if it decides to do so. 95A: Public notification of consent application at consent authority's discretion 1: A consent authority may, in its discretion, decide whether to publicly notify an application for a resource consent for an activity. 2: Despite subsection (1), a consent authority must publicly notify the application if— a: it decides (under section 95D b: the applicant requests public notification of the application; or c: a rule or national environmental standard requires public notification of the application. 3: Despite subsections (1) and (2)(a), a consent authority must not publicly notify the application if— a: a rule or national environmental standard precludes public notification of the application; and b: subsection (2)(b) does not apply. 4: Despite subsection (3), a consent authority may publicly notify an application if it decides that special circumstances exist in relation to the application. 95B: Limited notification of consent application 1: If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E and 95F 2: The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes limited notification of the application. 3: The consent authority must give limited notification of the application to any affected order holder even if a rule or national environmental standard precludes public or limited notification of the application. 95C: Public notification of consent application after request for further information or report 1: Despite section 95A(1) a: it has not already decided whether to give public or limited notification of the application; and b: subsection (2) or (3) applies. 2: This subsection applies if the consent authority requests further information on the application under section 92(1), but the applicant— a: does not provide the information before the deadline concerned; or b: refuses to provide the information. 3: This subsection applies if the consent authority notifies the applicant under section 92(2)(b) a: does not respond before the deadline concerned; or b: refuses to agree to the commissioning of the report. 4: This section applies despite any rule or national environmental standard that precludes public or limited notification of the application. 95D: Consent authority decides if adverse effects likely to be more than minor A consent authority that is deciding, for the purpose of section 95A(2)(a) a: must disregard any effects on persons who own or occupy— i: the land in, on, or over which the activity will occur; or ii: any land adjacent to that land; and b: may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and c: in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and d: must disregard trade competition and the effects of trade competition; and e: must disregard any effect on a person who has given written approval to the relevant application. 95E: Consent authority decides if person is affected person 1: A consent authority must decide that a person is an affected person, in relation to an activity, if the activity's adverse effects on the person are minor or more than minor (but are not less than minor). 2: The consent authority, in making its decision,— a: may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and b: in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity on the person that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and c: must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11 3: Despite anything else in this section, the consent authority must decide that a person is not an affected person if— a: the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or b: it is unreasonable in the circumstances to seek the person's written approval. 95F: Consent authority decides if person is affected order holder A consent authority must decide that a person is an affected order holder, in relation to an activity, if— a: the person is the holder of a customary rights order; and b: the activity may have any adverse effects on a recognised customary activity carried out under the order in accordance with section 17A(2) c: the person has not given written approval to the activity or has withdrawn approval to the activity in a written notice received by the authority before the authority has decided whether there are any affected order holders. 77: New section 96 substituted Section 96 96: Making submissions 1: If an application for a resource consent is publicly notified, a person described in subsection (2) may make a submission about it to the consent authority. 2: Any person may make a submission, but the person's right to make a submission is limited by section 308B section 308A section 308A 3: If an application for a resource consent is the subject of limited notification, a person described in subsection (4) may make a submission about it to the consent authority. 4: A person served with notice of the application may make a submission, but the person's right to make a submission is limited by section 308B section 308A section 308A 5: A submission must be in the prescribed form. 6: A submission must be served— a: on the consent authority within the time allowed by section 97 b: on the applicant as soon as is reasonably practicable after service on the consent authority. 7: A submission may state whether— a: it supports the application; or b: it opposes the application; or c: it is neutral. 78: New section 100A inserted The following section is inserted after section 100 100A: Hearing by commissioner if requested by applicant or submitter 1: This section applies in relation to an application for a resource consent if— a: the application is notified; and b: in accordance with section 100 2: The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (4). 3: The request must be made no later than 5 working days after the closing date for submissions on the application. 4: If the local authority receives a request under subsection (2), it must delegate, under section 34A(1) 79: Hearing date and notice Section 101(2) and (2A) 2: The date for the commencement of the hearing is as follows: a: if section 87I, 198G, or 198M b: if none of sections 87I, 198G, and 198M c: if none of sections 87I, 198G, and 198M 80: Joint hearings by 2 or more consent authorities Section 102 7: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A 81: Combined hearings in respect of 2 or more applications Section 103 3: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A 82: New section 103A inserted The following section is inserted after section 103 103A: Time limit for completion of adjourned hearing 1: Subsection (2) applies to a hearing of an application for a resource consent if— a: the hearing is adjourned; and b: the adjournment takes effect after the applicant's right of reply has been exercised. 2: The hearing must be concluded no later than 10 working days after the right of reply has been exercised (whether exercised orally or in writing). 83: Consideration of applications 1: Section 104(1)(b) b: any relevant provisions of— i: a national environmental standard: ii: other regulations: iii: a national policy statement: iv: a New Zealand coastal policy statement: v: a regional policy statement or proposed regional policy statement: vi: a plan or proposed plan; and . 2: Section 104(2) a national environmental standard or if 3: Section 104(3) not not, 4: Section 104(3)(a) and (b) a: when considering an application, have regard to— i: trade competition or the effects of trade competition; or ii: any effect on a person who has given written approval to the application: . 5: Section 104(4) 4: A consent authority considering an application must ignore subsection (3)(a)(ii) if the person withdraws the approval in a written notice received by the consent authority before the date of the hearing, if there is one, or, if there is not, before the application is determined. 6: Section 104 6: A consent authority may decline an application for a resource consent on the grounds that it has inadequate information to determine the application. 7: In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available. 84: Determination of applications for controlled activities Section 104A(b) b: may impose conditions on the consent under section 108 only for those matters— i: over which control is reserved in national environmental standards or other regulations; or ii: over which it has reserved its control in its plan or proposed plan. 85: New section 104C substituted Section 104C 104C: Determination of applications for restricted discretionary activities 1: When considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which— a: a discretion is restricted in national environmental standards or other regulations: b: it has restricted the exercise of its discretion in its plan or proposed plan. 2: The consent authority may grant or refuse the application. 3: However, if it grants the application, the consent authority may impose conditions under section 108 only for those matters over which— a: a discretion is restricted in national environmental standards or other regulations: b: it has restricted the exercise of its discretion in its plan or proposed plan. 86: Decisions on applications to be in writing, etc 1: Section 113(1) that is notified for a resource consent 2: Section 113(1)(ab)(i) i: a national environmental standard: ia: a national policy statement: . 3: Section 113(1)(ae) of fact on the principal issues that were in contention 4: Section 113 3: A decision prepared under subsection (1) may,— a: instead of repeating material, cross-refer to all or a part of— i: the assessment of environmental effects provided by the applicant concerned: ii: any report prepared under section 41C, 42A, or 92 b: adopt all or a part of the assessment or report, and cross-refer to the material accordingly. 4: Every decision on an application for a resource consent that is not notified must be in writing and state the reasons for the decision. 87: New section 115 substituted Section 115 115: Time limits for notification of decision 1: Notice of a decision on an application for a resource consent must be given under section 114 2: If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing. 3: If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the authority. 4: If the application was notified and a hearing is not held, notice of the decision must be given within 20 working days after the closing date for submissions on the application. 5: However, if section 87I 88: When resource consent commences 1: Section 116(1) and (3) (4), and (5) 2: Section 116(1A) shall commence commences 3: Section 116(3) 4: Section 116 4: Where the Environment Court grants a resource consent under section 87G or 149U 5: Where a board of inquiry grants a resource consent under section 149R 89: New section 117 substituted Section 117 117: Application to carry out restricted coastal activity 1: An application for a coastal permit to carry out an activity that a regional coastal plan describes as a restricted coastal activity must be made to the regional council for the region concerned, except if the application is made to the EPA under section 145 2: The regional council is the consent authority in relation to the application for the coastal permit. 3: Any provisions of this Act that apply in relation to an application for a resource consent apply in relation to the application for the coastal permit, except as provided in this section. 4: The consent authority must, after receiving the application, promptly provide a copy of it to the Minister of Conservation and the relevant territorial authority. 5: The consent authority must publicly notify the application. 6: Section 100A 7: The consent authority must delegate, under section 34A, its functions, powers, and duties required to hear and decide the application to 1 or more persons permitted by section 34A(1) 8: The consent authority must ensure that a notice of its decision on the application is served on the Minister of Conservation under section 114 90: Sections 118 and 119 repealed Sections 118 119 91: New section 119A substituted Section 119A 119A: Coastal permit for restricted coastal activity treated as if granted by regional council 1: Subsection (3) applies to a coastal permit for a restricted coastal activity granted at any time by the Minister of Conservation for a coastal marine area within the region of a regional council. 2: If subsection (3) applies to a coastal permit, it applies on and from the later of— a: 1 October 2009; or b: the date that the coastal permit is granted. 3: The coastal permit is to be treated as if— a: it were granted by the regional council; and b: the regional council were the consent authority in relation to the coastal permit on and from the date it was granted. 92: Right to appeal 1: Section 120(1) , except a decision of the Minister of Conservation under section 119 2: Section 120(1) c: in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation. 93: Procedure for appeal Section 121(3) 94: Circumstances when consent conditions can be reviewed Section 128 2: A consent authority must, in accordance with section 129 section 339(5)(b) 95: Notice of review Section 129(1)(c) or (2) (ba) 96: Public notification, submissions, and hearing, etc 1: Section 130(2) 2: Sections 96 to 102 and section 117(4), (6), (7), and (8) a: the notice of review under section 129 b: the consent holder were the applicant for a resource consent. 2: Section 130(6) the hearing committee shall only hear from the only persons who may be heard in relation to the matter are 97: Matters to be considered in review 1: Section 131(1) or hearing committee set up under section 117 2: Section 131(1) aa: in the case of a review under section 128(2) . 98: Decisions on review of consent conditions 1: Section 132(2) (other than a review initiated by the Minister of Conservation) 2: Section 132(3) and (4) 3: A consent authority may cancel a resource consent if— a: it reviews the consent under section 128(1)(c) b: the application for the consent contained inaccuracies that the consent authority considers materially influenced the decision made on the application; and c: there are significant adverse effects on the environment resulting from the exercise of the consent. 4: A consent authority may also cancel a resource consent if— a: it reviews the consent under section 128(2) b: there are significant adverse effects on the environment resulting from the exercise of the consent. 99: New section 139 substituted Section 139 139: Consent authorities and Environmental Protection Authority to issue certificates of compliance 1: This section applies if an activity could be done lawfully in a particular location without a resource consent. 2: A person may request the consent authority to issue a certificate of compliance. 3: A certificate states that the activity can be done lawfully in a particular location without a resource consent. 4: The authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (5). 5: The authority must issue the certificate if— a: the activity can be done lawfully in the particular location without a resource consent; and b: the person pays the appropriate administrative charge. 6: The authority must issue the certificate within 20 working days of the later of the following: a: the date on which it received the request: b: the date on which it received the further information under subsection (4). 7: The certificate issued to the person must— a: describe the activity and the location; and b: state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the authority received the request. 8: The authority must not issue a certificate if— a: the request for a certificate is made after a proposed plan is notified; and b: the activity could not be done lawfully in the particular location without a resource consent under the proposed plan. 9: Sections 357A and 357C to 358 10: A certificate is treated as if it were an appropriate resource consent that— a: contains the conditions specified in an applicable national environmental standard; and b: contains the conditions specified in an applicable plan. 11: A certificate treated as a resource consent is subject to sections 10, 10A, and 20A(2) 12: A certificate treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 120, 121, 122, 125, 134, 135, 136, and 137 13: If an activity relates to a matter that is or is part of a proposal of national significance for which a direction has been made under section 142(2) or 147(1)(a) or (b) a: a reference to a consent authority is to be treated as a reference to the EPA; and b: subsection (5)(b) does not apply; and c: the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request. 14: In this section, activity 100: New Part 6AA substituted Sections 140 to 150AA 6AA: Proposals of national significance 140: Outline of this Part 1: This section sets out the general scheme and effect of this Part. This section is by way of explanation only and does not limit or affect the other provisions of this Part or this Act. 2: This Part provides the Minister with specific powers in relation to applications for resource consents, applications for changes to or cancellation of resource consent conditions, local authority plan changes or variations, requests for plan changes, requests for the preparation of regional plans, and notices of requirement that are or are part of a proposal of national significance. 3: If exercised by the Minister, these powers set in motion 1 of 2 procedures by which the application, change, variation, request, or notice ( the matter 4: There are 3 ways in which a matter may come to the Minister for his or her decision on whether to make a direction to refer a matter to a board of inquiry or the Environment Court for decision. If the matter has been lodged with a local authority, the Minister may decide to make a direction on his or her own initiative or in response to a request from the local authority or the applicant. If the matter has been lodged with the Environmental Protection Authority, the Minister may decide to make a direction after receiving a recommendation from the EPA. 5: If the Minister decides not to make a direction to refer a matter to a board of inquiry or the Environment Court for decision, the matter will be processed by the local authority that, in the normal course of the Act, would be responsible for dealing with it. However, the Minister may still intervene in the process, for example, by making a submission on the matter for the Crown, appointing a project co-ordinator to advise the local authority on any thing relating to the matter, or appointing an additional hearings commissioner. 141: Interpretation In this Part, unless the context requires another meaning,— applicant a: the person who lodged the application, for a matter that is an application for— i: a resource consent; or ii: a change to or cancellation of the conditions of a resource consent: b: the person making the request, for a matter that is a request for a change to a plan— i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)(b) of Schedule 1 ii: excluding a request that has been adopted by the local authority: c: the person making the request, for a matter that is a request for the preparation of a regional plan— i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)(b) of Schedule 1 ii: excluding a request that has been adopted by the local authority: d: the requiring authority that lodged the notice of requirement, for a matter that is a notice of requirement for a designation or to alter a designation: e: the heritage protection authority that lodged the notice of requirement, for a matter that is a notice of requirement for a heritage order or to alter a heritage order: f: the local authority, for a matter that is— i: a change to its plan (including a request for a change that has been adopted by the local authority); or ii: a request for the preparation of a regional plan that has been adopted by a local authority; or iii: a variation to its proposed plan local authority a: the consent authority that would process an application lodged under section 88 or 127 section 88 or 127 b: the territorial authority responsible for the district plan or proposed district plan, for a matter that is a request for a change to a district plan, a change to a district plan, or a variation to a proposed district plan: c: the regional council responsible for the regional plan or proposed regional plan, for a matter that is a request for the preparation of a regional plan, a request for a change to a regional plan, a change to a regional plan, or a variation to a proposed regional plan: d: the territorial authority responsible for dealing with a notice of requirement given under Part 8 matter a: an application for a resource consent; or b: an application for a change to or cancellation of the conditions of a resource consent; or c: a request for the preparation of a regional plan (including a request that has been accepted or adopted in whole or in part by a local authority); or d: a request for a change to a plan (including a request that has been accepted or adopted in whole or in part by a local authority); or e: a change to a plan; or f: a variation to a proposed plan; or g: a notice of requirement for a designation; or h: a notice of requirement for a heritage order; or i: a notice of requirement to alter a designation or a heritage order. 1: Minister may make direction in relation to matter Matter lodged with local authority 142: Minister may call in matter that is or is part of proposal of national significance 1: This section applies if a matter has been lodged with a local authority and— a: the Minister, at his or her own initiative, decides to apply this section; or b: the Minister receives a request from an applicant or a local authority to make a direction for the matter under subsection (2). 2: If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to— a: refer the matter to a board of inquiry for decision; or b: refer the matter to the Environment Court for decision. 3: In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter— a: has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or b: involves or is likely to involve significant use of natural and physical resources; or c: affects or is likely to affect a structure, feature, place, or area of national significance; or d: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or e: results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or f: involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or g: is or is likely to be significant in terms of section 8; or h: will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or i: affects or is likely to affect more than 1 region or district; or j: relates to a network utility operation that extends or is proposed to extend to more than 1 district or region. 4: In deciding whether to make a direction under subsection (2), the Minister must have regard to— a: the views of the applicant and the local authority; and b: the capacity of the local authority to process the matter. 5: A direction made under subsection (2) must— a: be in writing and be signed by the Minister; and b: state the Minister's reasons for making the direction. 6: If a local authority or an applicant requests the Minister to call in a matter (by making a direction under subsection (2)) and the Minister decides not to do so, the EPA must give notice of the Minister's decision to the local authority and the applicant. 143: Restriction on when local authority may request call in A local authority (whether acting as an applicant or a local authority) may not make a request to the Minister in respect of either of the following matters unless it has complied with the consultation provisions in clauses 2, 3, and, if relevant, 4 of Schedule 1 a: a change to a plan proposed by the local authority under clause 2 of Schedule 1 b: a variation to a proposed plan. 144: Restriction on when Minister may call in matter The Minister must not call in a matter (by making a direction under section 142(2) a: more than 5 working days after the close of the last day on which submissions may be made, if the local authority has notified the matter; or b: after the local authority gives notice of its decision or recommendation on the matter, if the local authority has decided not to notify the matter. Matter lodged with EPA 145: Matter lodged with EPA 1: A person may lodge 1 or more of the following matters with the EPA: a: an application for a resource consent: b: a request for the preparation of a regional plan (other than a regional coastal plan): c: a request for a change to a plan. 2: The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA. 3: A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA. 4: A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA. 5: If the matter is an application for a resource consent, section 88 applies, except that— a: every reference in that section to a consent authority must be read as a reference to the EPA; and b: the applicant has no right of objection under section 88(5) 6: If the matter is an application for a change to or cancellation of the conditions of a resource consent,— a: section 127(1) b: section 88 i: the application must be treated as if it were an application for a resource consent for a discretionary activity; and ii: every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and iii: the applicant has no right of objection under section 88(5) 7: If the matter is a notice of requirement for a designation or to alter a designation, section 168 8: If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189 9: If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22 of Schedule 1 10: A person who lodges a matter with the EPA under subsections (1) to (4) must serve the local authority with notice of the matter and of its lodging with the EPA under this section. 11: A matter may not be lodged with the EPA under this section if— a: the same matter has been lodged with a local authority; and b: the applicant or the local authority has requested that the Minister call in the matter. 146: EPA to recommend course of action to Minister 1: No later than 20 working days after receiving a matter lodged under section 145 section 147(1)(a), (b), or (c) 2: The EPA may also recommend to the Minister that he or she exercise 1 or more of the following powers: a: if the EPA recommends that the Minister make a direction under section 147(1)(a) or (b) i: to make a submission on the matter for the Crown: ii: to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under section 149R(1) b: if the EPA recommends that the Minister make a direction under section 147(1)(c) i: to make a submission on the matter for the Crown: ii: to appoint a project co-ordinator for the matter to advise the local authority: iii: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters: iv: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter. 3: The EPA must serve a copy of its recommendation on the applicant and the local authority. 4: The 20-working day time frame specified in subsection (1) applies subject to section 149(5) and (6) 147: Minister makes direction after EPA recommendation 1: After the Minister receives a recommendation from the EPA under section 146 a: refer the matter to a board of inquiry for decision; or b: refer the matter to the Environment Court for decision; or c: refer the matter to the local authority. 2: The Minister may make a direction under subsection (1)(a) or (b) only if he or she considers that the matter is or is part of a proposal of national significance. 3: The Minister must apply section 142(3) 4: In deciding on making a direction under subsection (1), the Minister must have regard to— a: the views of the applicant and the local authority; and b: the capacity of the local authority to process the matter; and c: the recommendations of the EPA. 5: A direction made under subsection (1) must— a: be in writing and be signed by the Minister; and b: state the Minister's reasons for making the direction. 6: To avoid doubt, the Minister may make a direction under subsection (1) that differs from the direction recommended by the EPA under section 146(1) General provisions for matter lodged with local authority or EPA 148: Proposals relating to coastal marine area 1: If a proposal of national significance relates wholly to the coastal marine area, this Part applies with the following modifications: a: references to the Minister must be read as references to the Minister of Conservation; and b: sections 149Q(3)(e) and (f) and 149R(4)(e) and (f) the Minister of Conservation 2: If a proposal of national significance relates partly to the coastal marine area, this Part applies with the following modifications: a: references to the Minister must be read as references to the Minister and the Minister of Conservation; and b: sections 149Q(3)(e) and (f) and 149R(4)(e) and (f) the Minister and the Minister of Conservation 149: EPA may request further information or commission report 1: Subsection (2) applies in relation to a matter— a: that has been lodged with the EPA under section 145 b: that the Minister has called in (by making a direction under section 142(2) 2: The EPA may,— a: by written notice, request an applicant to provide further information relating to the matter: b: require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)). 3: An applicant who receives a request under subsection (2)(a) must, within 15 working days after the date of the request, do 1 of the following things: a: provide the information; or b: tell the EPA by written notice that the applicant agrees to provide the information; or c: tell the EPA by written notice that the applicant refuses to provide the information. 4: If the EPA receives a notice under subsection (3)(b), the EPA must— a: set a reasonable time within which the applicant must provide the information; and b: tell the applicant by written notice the date by which the applicant must provide the information. 5: If the EPA requests further information under subsection (2)(a) before making its recommendation to the Minister on a matter under section 146, the time frame referred to in section 146(1) a: if the information is provided in accordance with this section, the day after the day on which the EPA receives the information; or b: if the EPA receives a notice of refusal under subsection (3)(c), the day after the day on which the EPA receives the notice; or c: in any other case, the day after the day on which the deadline for providing the information expires. 6: If the EPA requires a report under subsection (2)(b) before making its recommendation to the Minister on a matter under section 146, the time frame referred to in section 146(1) 7: The EPA must make its recommendation even if the applicant— a: does not provide the information before the deadline; or b: refuses to provide the information. How matter processed if direction made to refer matter to board of inquiry or Court 149A: EPA must serve Minister's direction on local authority and applicant As soon as practicable after the Minister makes a direction under section 142(2) or 147(1)(a) or (b) a: the local authority; and b: the applicant. 149B: Local authority's obligations if matter called in 1: Subsection (2) applies to a local authority if— a: the Minister calls in a matter by making a direction under section 142(2) b: the local authority has been served with the direction under section 149A 2: The local authority must, without delay, provide the EPA with— a: the matter; and b: all information received by the local authority that relates to the matter; and c: if applicable, the submissions received by the local authority on the matter. 149C: EPA must give public notice of Minister's direction 1: The EPA must give public notice of a direction the Minister makes under section 142(2) 147(1)(a) or (b) 2: Subsection (1) does not apply if— a: the matter is a request for the preparation of a regional plan, or a request for a change to a plan, lodged with the local authority under clause 21 of Schedule 1 i: has not yet made a decision on the request under clause 25 of Schedule 1 ii: has made a decision to accept the request, but has not yet prepared the proposed plan or change under clause 26(a) of Schedule 1 iii: has made a decision to adopt the request, but has not yet notified the proposed plan or change under clause 5 of Schedule 1 b: the matter is a request for the preparation of a regional plan, or a request for a change to a plan, lodged with the EPA under section 145 c: the Minister instructs that the giving of public notice be delayed under section 149D d: the Minister decides under section 149ZC 3: A notice under subsection (1) must— a: state the Minister's reasons for making the direction; and b: describe the matter to which the direction applies; and c: state where the matter, its accompanying information, and any further information may be viewed; and d: state that any person may make submissions on the matter to the EPA; and e: state the closing date for the receipt of submissions; and f: state the address for service of the EPA and the applicant (or each applicant if more than 1). 4: When the EPA gives public notice under subsection (1), it must also serve a copy of the notice on— a: each owner and occupier (other than an applicant) of any land to which the matter relates; and b: each owner and occupier of any land adjoining any land to which the matter relates; and c: if applicable, every person who has made a submission on the matter to the local authority. 149D: Minister may instruct EPA to delay giving public notice pending application for additional consents 1: The Minister may instruct the EPA to delay giving public notice of a direction under section 149C 2: Subsection (1) applies if the Minister considers, on reasonable grounds, that— a: resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and b: the nature of the proposal will be better understood if applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter. 3: The EPA must, without delay, give notice to the local authority and the applicant of the instruction under subsection (1). 4: The Minister may, at any time, rescind an instruction given under subsection (1) and instruct the EPA to give public notice of the direction concerned under section 149C 149E: EPA to receive submissions on matter if public notice of direction has been given 1: Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which— a: the Minister has made a direction under section 142(2) or 147(1)(a) or (b) b: public notice has been given under section 149C 2: Subsection (1) applies— a: whether or not the person has already made a submission to the local authority on the matter; but b: subject to subsections (5) to (8). 3: A submission must be— a: in the prescribed form; and b: served— i: on the EPA, within the time allowed under subsection (9); and ii: on the applicant, as soon as practicable after service on the EPA. 4: A submission must state whether it supports the matter, it opposes the matter, or it is neutral. 5: If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 6: However, subsection (5) does not apply if the matter is a notice of requirement for a heritage order (or to alter a heritage order), a request for the preparation of a regional plan, a request for a change to a plan, a change to a plan, or a variation to a proposed plan. 7: If the matter is a change to a plan proposed by a local authority under clause 2 of Schedule 1 a: must not make a submission if the person could gain an advantage in trade competition through the submission; and b: may make a submission only if directly affected by an effect of the change or variation that— i: adversely affects the environment; and ii: does not relate to trade competition or the effects of trade competition. 8: If the matter is a request for the preparation of a regional plan, or a request for a change to a plan, a person who is a trade competitor of the person who made the request may make a submission only if directly affected by an effect of the proposed plan or change that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 9: The closing date for making a submission is 20 working days after the day on which public notice of the direction is given. 10: Any submissions on the matter received by the local authority before the matter is called in (by a direction being made under section 142(2) 149F: EPA to receive further submissions if matter is request, change, or variation 1: Subsection (2) applies if the matter for which the Minister makes a direction under section 142(2) or 147(1)(a) or (b) 2: The EPA must produce a summary of all the submissions on the matter received under section 149E a: the availability of a summary of submissions on the matter; and b: where the summary and the submissions can be inspected; and c: the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subsection (3) may make a further submission on the matter; and d: the date of the last day for making further submissions (as calculated under paragraph (c)); and e: the address for service of the EPA. 3: The following persons may make a further submission on the matter: a: any person representing a relevant aspect of the public interest; and b: any person that has an interest in the request, change, or variation greater than the interest that the general public has; and c: the local authority. 4: However, a further submission may be only in support of or in opposition to the submissions made on a matter under section 149E 5: A further submission must be in the prescribed form. 6: A person who makes a further submission under subsection (3) must serve a copy of it on— a: the applicant; and b: the person who made the submission under section 149E 7: The further submission must be served no later than 5 working days after the day on which the person provides the EPA with the further submission. 149G: EPA must provide board or Court with necessary information 1: This section applies if a matter is referred to a board of inquiry or the Environment Court under this Part. 2: The EPA must provide the board of inquiry or Environment Court, as the case may be, with each of the following things as soon as is reasonably practicable after receiving it: a: the matter: b: all the information received by the EPA that relates to the matter: c: the submissions received by the EPA on the matter. 3: The EPA must also commission the local authority to prepare a report on the key issues in relation to the matter that includes— a: any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and b: a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and c: if applicable, the activity status of all proposed activities in relation to the matter. 4: The EPA must provide a copy of the report to— a: the board of inquiry or the Environment Court, as the case may be; and b: the applicant; and c: every person who made a submission on the matter. 149H: Local authority may not notify further change or variation in certain circumstances If the Minister makes a direction under section 142(2) or 147(1)(a) or (b) a: a matter that is a change to a plan; or b: a matter that is a variation to a proposed plan; or c: a matter that is a request for the preparation of a regional plan or a request for a change to a plan (including a request that has been accepted or adopted by the local authority or accepted by a board of inquiry). 149I: Limitation on withdrawal of change or variation 1: A local authority may withdraw a change that was notified under clause 5 of Schedule 1 section 142(2) section 149F 2: An applicant may withdraw the applicant's request for a proposed regional plan, or request for a change to a plan, for which the Minister has made a direction under section 142(2) or 147(1)(a) or (b) section 149F 2: How matter decided if direction made to refer matter to board of inquiry or Court Matter decided by board of inquiry 149J: Minister to appoint board of inquiry 1: This section applies if the Minister makes a direction under section 142(2)(a) or 147(1)(a) 2: As soon as practicable after making the direction, the Minister must appoint a board of inquiry to decide the matter. 3: The Minister must appoint— a: no fewer than 3, but no more than 5, members; and b: 1 member as the chairperson, who must be a current, former, or retired Environment Judge or a retired High Court Judge. 4: A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. 149K: How members appointed 1: The Minister must comply with this section when appointing a board of inquiry under section 149J 2: The Minister must seek suggestions for members of the board from the local authority. 3: However, the Minister may appoint a person as a member of the board whether or not he or she receives a suggestion for the person under subsection (2). 4: In appointing members, the Minister must consider the need for the board to have available to it, from its members, knowledge, skill, and experience relating to— a: this Act; and b: the matter or type of matter that the board will be considering; and c: tikanga Māori; and d: the local community. 149L: Conduct of inquiry 1: A board of inquiry appointed to determine a matter under section 149J sections 92 to 92B and 99 to 100 a: the matter were an application for a resource consent; and b: every reference in those sections to an application or an application for a resource consent were a reference to the matter. 2: If a hearing is to be held, the board must— a: fix a place and the commencement date and time for the hearing; and b: give not less than 10 working days' notice of the matters stated in paragraph (a) to— i: the applicant; and ii: every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard. 3: A hearing must be held at a place near to the area to which the matter relates. 4: A board of inquiry— a: must keep a full record of any hearings or proceedings: b: may permit a party to question any other party or witness: c: may permit cross-examination. 149M: Process if matter is request for regional plan or change and particular circumstances apply 1: This section applies if the matter before a board of inquiry is a request for the preparation of a regional plan, or a request for a change to a plan, and— a: the request is lodged with the EPA under section 145 b: the request is lodged with the local authority under clause 21 of Schedule 1 section 142(2) clause 25 of Schedule 1 2: The board may only— a: accept the request entirely under clause 25(2)(b) of Schedule 1 b: reject the request entirely under clause 25(4) of Schedule 1 3: To make a decision under subsection (2), the board— a: has all the powers of a local authority under clauses 23 and 24 of Schedule 1 b: must consult the local authority on its views before making its decision. 4: If the board accepts the request,— a: the board must serve notice of its decision on the applicant and the local authority; and b: the local authority must prepare the proposed plan or change in accordance with section 149N c: the EPA must give public notice of the proposed plan or change, invite submissions on it under section 149O section 149F d: the board must— i: conduct an inquiry on the proposed plan or change in accordance with sections 149L and 149P(1) ii: apply section 149P(6) or (7) iii: produce a draft report on the proposed plan or change under section 149Q iv: produce a final report on the proposed plan or change under section 149R 5: If the board rejects the request, the board must serve notice of its decision on the applicant and the local authority. 149N: Process if section 149M applies or proposed plan or change not yet prepared 1: Subsections (2) to (4) apply if— a: a board of inquiry has accepted a request for the preparation of a regional plan, or a request for a change to a plan, under section 149M b: a local authority has accepted a request for the preparation of a regional plan, or a request for a change to a plan, under clause 25(2)(b) of Schedule 1 section 142(2) clause 26(a) of Schedule 1 2: The local authority must prepare the proposed plan or change in consultation with the applicant as if clause 26(a) of Schedule 1 3: The local authority must then serve a copy of the proposed plan or change on the EPA,— a: if the circumstances in subsection (1)(a) apply, no later than 4 months after the local authority was served with notice of the board's decision under section 149M(4) b: if the circumstances in subsection (1)(b) apply, no later than 4 months after the local authority was served with the Minister's direction under section 149A 4: The local authority must also give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (9) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O 5: Subsections (6) to (8) apply if a local authority has adopted a request for the preparation of a regional plan, or a request for a change to a plan, under clause 25(2)(a) of Schedule 1 section 142(2) clause 5 of Schedule 1 6: The local authority must, no later than 4 months after the local authority was served with the Minister's direction under section 149A a: serve a copy of the proposed plan or change on the EPA; and b: give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O 7: A rule in a proposed plan or change served on the EPA under subsection (6) has legal effect only once a decision is made by the board of inquiry or Court. 8: However, a rule has legal effect on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O a: protects or relates to water, air, or soil (for soil conservation); or b: protects areas of significant indigenous vegetation; or c: protects areas of significant habitats of indigenous fauna; or d: protects historic heritage; or e: provides for or relates to an aquaculture management area. 9: A rule included in a proposed plan or change served on the EPA under subsection (3) that provides for or relates to an aquaculture management area has legal effect on and from the date that public notice of the proposed plan or change is given under section 149O 149O: Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N 1: This section applies where the EPA receives a proposed plan or change proposed by a local authority under section 149N 2: On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change stating— a: the Minister's reasons for making a direction in relation to the matter; and b: where the proposed plan or change, accompanying information, and any other information may be viewed; and c: any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under section 149O d: that submissions on the proposed plan or change may be made by any person to the EPA; and e: the closing date for receiving submissions; and f: the address for service of the EPA and the applicant. 3: Any person may make a submission on a proposed plan or change for which public notice is given under subsection (2) and, for that purpose, section 149E(3), (4), and (8) 4: However, the closing date for making a submission under subsection (3) is 20 working days after the day on which public notice of the proposed plan or change is given under subsection (2). 5: On receiving a copy of the proposed plan or change, the EPA must also provide the board of inquiry with a copy of the proposed plan or change. 6: When the EPA gives public notice under subsection (2), it must also serve a copy of the notice on— a: each owner and occupier (other than an applicant) of any land to which the matter relates; and b: each owner and occupier of any land adjoining any land to which the matter relates. 149P: Consideration of matter by board 1: A board of inquiry considering a matter must— a: have regard to the Minister's reasons for making a direction in relation to the matter; and b: consider any information provided to it by the EPA under section 149G c: act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be. 2: A board of inquiry considering a matter that is an application for a resource consent must apply sections 104 to 112 and 138A 3: A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 104 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively. 4: A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation— a: must have regard to the matters set out in section 171(1) section 171(1A) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 5: A board of inquiry considering a matter that is a notice of requirement for a heritage order or to alter a heritage order— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 6: A board of inquiry considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan— a: must apply clause 10(1) to (3) of Schedule 1 b: may exercise the powers under section 293 c: must apply sections 66 to 70B and 77A to 77D 7: A board of inquiry considering a matter that is a change to a district plan or a variation to a proposed district plan— a: must apply clause 10(1) to (3) of Schedule 1 b: may exercise the powers under section 293 c: must apply sections 74 to 77D 149Q: Board to produce draft report 1: As soon as practicable after a board of inquiry has completed its inquiry on a matter, it must— a: prepare a draft decision; and b: produce a draft written report. 2: The draft report— a: must state the board's draft decision; and b: must give reasons for the decision; and c: must include a statement of the principal issues that were in contention; and d: must include the main findings on the principal issues that were in contention; and e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement (being changes in addition to any changes that may result from the implementation of the draft decision); and f: may recommend that a national policy statement, a New Zealand coastal policy statement, or a national environmental standard be issued or revoked. 3: The EPA must provide a copy of the draft report to— a: the applicant; and b: the local authority; and c: any other relevant local authorities; and d: the persons who made submissions on the matter; and e: the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and f: the Minister; and g: if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the draft decision. 4: The EPA must invite the persons to whom it sends the draft report to send any comments on minor or technical aspects of the report to the EPA no later than 20 working days after the date of the invitation. 5: Comments on minor or technical aspects of the report— a: include comments on minor errors in the report, on the wording of conditions specified in the report, or that there are omissions in the report (for example, the report does not address a certain issue); but b: do not include comments on the board's decision or its reasons for the decision. 149R: Board to produce final report 1: As soon as practicable after the 20 working days referred to in section 149Q(4) a: consider any comments received by the EPA in accordance with section 149Q b: make its decision; and c: produce a written report. 2: The board must do everything under subsection (1) no later than 9 months after— a: the day on which the EPA gave public notice under section 149C section 142(2) or 147(1)(a) b: the day on which the EPA gave public notice under section 149O c: the day on which the EPA gave limited notification under section 149ZC(4) 3: The report— a: must state the board's decision; and b: must give reasons for the decision; and c: must include a statement of the principal issues that were in contention; and d: must include the main findings on the principal issues that were in contention; and e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement (being changes in addition to any changes that may result from the implementation of the decision); and f: may recommend that a national policy statement, a New Zealand coastal policy statement, or a national environmental standard be issued or revoked. 4: The EPA must send a copy of the report to— a: the applicant; and b: the local authority; and c: any other relevant local authorities; and d: the persons who made submissions on the matter; and e: the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and f: the Minister; and g: if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision. 5: The EPA must publish the board's report and give public notice of where and how copies of it can be obtained. 6: Nothing in section 37(1) 149S: Minister may extend time by which board must report 1: Despite section 149R(2) 2: The Minister may grant an extension only if— a: he or she considers that special circumstances apply; and b: the time period as extended does not exceed 18 months from— i: the day on which the EPA gives public notice under section 149C section 142(2) or 147(1)(a) ii: the day on which the EPA gives public notice under section 149O iii: the day on which the EPA gives limited notification under section 149ZC(4) 3: However, the Minister may grant an extension that results in a time period greater than that described in subsection (2)(b) if the applicant agrees. 4: The EPA must give written notice to the following persons if the Minister grants an extension under subsection (1), or each time the Minister grants an extension under subsection (1), as the case may be: a: the applicant; and b: the local authority; and c: any person who made a submission on the matter. Matter decided by Environment Court 149T: Matter referred to Environment Court 1: This section applies if the Minister makes a direction under section 142(2)(b) or 147(1)(b) 2: The matter is referred to the Environment Court by the applicant lodging with the Court— a: a notice of motion specifying the orders sought and the grounds on which the application is made; and b: a supporting affidavit on the circumstances giving rise to the application. 3: The applicant must— a: serve a copy of the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and b: serve the documents as soon as is reasonably practicable after lodging them; and c: tell the Registrar when the documents have been served. 4: If the matter is a change to a district plan proposed by a territorial authority under clause 2 of Schedule 1 clause 4 of Schedule 1 5: The Court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person. 6: Section 274 149U: Consideration of matter by Environment Court 1: The Environment Court, when considering a matter referred to it under section 149T a: have regard to the Minister's reasons for making a direction in relation to the matter; and b: consider any information provided to it by the EPA under section 149G c: act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be. 2: If considering a matter that is an application for a resource consent, the Court must apply sections 104 to 112 and 138A 3: If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the Court must apply sections 104 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively. 4: If considering a matter that is a notice of requirement for a designation or to alter a designation, the Court— a: must have regard to the matters set out in section 171(1) section 171(1A) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 5: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the Court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 6: If considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan, the Court— a: must apply clause 10(1) to (3) of Schedule 1 b: may exercise the powers under section 293 c: must apply sections 66 to 70B and 77A to 77D 7: If considering a matter that is a change to a district plan or a variation to a proposed district plan, the Court— a: must apply clause 10(1) to (3) of Schedule 1 b: may exercise the powers under section 293 c: must apply sections 74 to 77D 8: Part 11 Appeals 149V: Appeal from decisions only on question of law 1: A person described in section 149R(4)(a) to (f) section 149R(1) or 149U 2: An applicant for a matter to which section 149M 3: If the appeal is from a decision of a board of inquiry, sections 300 to 307 a: every reference to the Environment Court in those sections must be read as a reference to the board of inquiry; and b: those sections must be read with any other necessary modifications; and c: the High Court Rules apply if a procedural matter is not dealt with in the sections. 4: If the appeal is from a decision of the Environment Court, section 299 5: No appeal may be made to the Court of Appeal from a determination of the High Court under this section. 6: However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 12 to 15 of the Supreme Court Act 2003 7: If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 14 of the Supreme Court Act 2003 8: No appeal may be made from any appeal determined by the Court of Appeal in accordance with subsection (7). 9: Despite any enactment to the contrary,— a: an application for leave for the purposes of subsection (6) must be filed no later than 10 working days after the determination of the High Court; and b: the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies as a matter of priority and urgency. 3: Miscellaneous provisions Process after decision of board of inquiry or Court on certain matters 149W: Local authority to implement decision of board or Court about proposed regional plan or change or variation 1: Subsections (2) and (3) apply to a local authority if— a: a board of inquiry or the Environment Court considers a matter that is a proposed regional plan or a change to a plan or a variation to a proposed plan; and b: the board or the Court, as the case may be, decides that changes must be made to the proposed plan, change, or variation. 2: As soon as practicable after receiving notice of the decision of the board or the Court under section 149R(4) or 149U a: the local authority must amend the proposed plan, change, or variation under clause 16(1) of Schedule 1 section 293 b: if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan), the local authority must— i: approve the proposed plan, change, or variation under clause 17 of Schedule 1 ii: make the plan, change, or variation operative by giving public notice in accordance with clause 20 of Schedule 1 c: if the decision is in respect of a change or variation to a regional coastal plan, the local authority must— i: adopt the change or variation under clause 18(1) of Schedule 1 ii: send the plan to the Minister of Conservation for his or her approval in accordance with clause 19 of Schedule 1 iii: following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20 of Schedule 1 3: For the purposes of subsection (2)(c)(ii), clause 19 of Schedule 1 4: A local authority must comply with section 175 149X: Residual powers of local authority 1: Subsection (2) applies to a resource consent that has been granted by a board of inquiry or the Environment Court under section 149R or 149U 2: The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself. 3: Subsection (4) applies to a requirement confirmed (with or without modifications) by a board of inquiry or the Environment Court under section 149R or 149U 4: The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself. Minister makes direction to refer matter to local authority 149Y: EPA must refer matter to local authority if direction made by Minister 1: This section applies if the Minister makes a direction under section 147(1)(c) 2: The EPA must give notice of the Minister's direction to the local authority and the applicant. 3: The EPA must also— a: provide the local authority with— i: the matter; and ii: all the material received by the EPA that relates to the matter; and b: inform the local authority that it must process the matter in accordance with section 149Z. 149Z: Local authority must process referred matter 1: A local authority must process a matter referred to it under section 149Y(3) section 149ZA 2: If the matter is an application for a resource consent, the local authority must treat the application as if— a: it had been made to the local authority under section 88(1) b: it had been lodged on the date that the local authority received notification from the EPA under section 149Y(3) c: section 88(3) 3: If the matter is a notice of requirement for a designation or to alter a designation, the local authority must treat the notice as if it had been— a: given to the local authority under section 168 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 4: However, if the matter is a notice of requirement for a designation, or to alter a designation, to which section 168A(1) or 181(4) section 168A or 181 section 149Y(3) 5: If the matter is a notice of requirement for a heritage order or to alter a heritage order, the local authority must treat the notice as if it had been— a: given to the local authority under section 189 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 6: However, if the matter is a notice of requirement for a heritage order, or to alter a heritage order, to which section 189A(1) or 195A(5) section 189A or 195A section 149Y(3) 7: If the matter is a request for the preparation of a regional plan or a change to a plan, the local authority must treat the request as if it had been— a: made to the local authority under clause 21 of Schedule 1 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 8: If the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been— a: made to the local authority under section 127 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) Minister's powers to intervene in matter 149ZA: Minister's powers to intervene in matter 1: The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter: a: to make a submission on the matter for the Crown: b: to appoint a project co-ordinator for the matter to advise the local authority: c: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters: d: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter. 2: In deciding whether to act under subsection (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance. 3: If the Minister makes a direction under subsection (1)(c),— a: the local authorities must hold the joint hearing; and b: section 102 4: If the Minister appoints a hearings commissioner under subsection (1)(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority. 5: To avoid doubt, if the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subsection (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under section 146(2) Process if related matter already subject to direction to refer to board of inquiry or Court 149ZB: How EPA must deal with certain applications and notices of requirement 1: This section applies to a matter that is an application or notice of requirement described in subsection (2) if— a: the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) or 147(1)(a) or (b) b: the application or notice was lodged with the EPA either— i: before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under section 142(2) or 147(1)(a) or (b) ii: after the matter or matters have been determined by the board or the Court and the matter or matters have been granted or confirmed. 2: The applications and notices are— a: an application for a resource consent: b: an application for a change to or cancellation of the conditions of a resource consent: c: a notice of requirement to alter a designation: d: a notice of requirement to alter a heritage order. 3: In addition to making a recommendation to the Minister under section 146 section 147(1)(a), (b), or (c) sections 95A to 95F 149ZC: Minister to decide whether application or notice of requirement to be notified 1: If the Minister decides to make a direction under section 147(1)(a) or (b) section 149ZB 2: The Minister must apply sections 95A to 95F section 95 3: If the Minister decides that the application or notice is to be publicly notified, sections 149C to 149E 4: If the Minister decides that the application or notice is not to be publicly notified, but is to be subject to limited notification, the EPA must give limited notification of the application or notice (but ignoring the time limit specified by section 95 5: Any person who receives a notice under subsection (4) may make a submission to the EPA and, for that purpose, section 149E(3) to (6) 6: However, the closing date for making a submission under subsection (5) is 20 working days after the day on which the EPA gives the notice under subsection (4). Costs of processes under this Part 149ZD: Costs of processes under this Part recoverable from applicant 1: A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part. 2: The EPA may recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged). 3: The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA). 4: The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under this Part. 5: The local authority, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section. 6: When recovering costs under this section, the local authority, EPA, or Minister must have regard to the following criteria: a: the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate: b: the applicant should be required to pay for costs only to the extent that the benefit of the actions of the local authority, EPA, or Minister (as the case may be) to which the costs relate is obtained by the applicant as distinct from the community as a whole: c: the extent to which any activity by the applicant reduces the cost to the local authority, EPA, or Minister (as the case may be) of carrying out any of its functions, powers, and duties. 7: A person may object under section 357B 149ZE: Remuneration, allowances, and expenses of boards of inquiry The Fees and Travelling Allowances Act 1951 section 149J a: the board is a statutory board within the meaning of the Act; and b: a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs: i: remuneration by way of fees, salary, or allowances under the Act; and ii: travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and c: the Act applies to payments under paragraph (b). 101: Publication, etc, of Order in Council Section 154(b)(ii) 102: Notice of requirement for designation by territorial authority Section 168A(1) and (2) 1: This section applies if a territorial authority decides to issue a notice of requirement for a designation— a: for a public work within its district and for which it has financial responsibility; or b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work. 1A: The territorial authority must decide whether to notify the notice of requirement under sections 95A to 95F section 95 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant or a consent authority were a reference to the territorial authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to an activity were a reference to the designation. 1B: Section 168 2: Sections 96, 97, and 99 to 103 2A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition. 103: New section 169 substituted Section 169 169: Further information, notification, submissions, and hearing for notice of requirement to territorial authority 1: If a territorial authority is given a notice of requirement under section 168 sections 95 to 95F a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant were a reference to the requiring authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to a consent authority were a reference to the territorial authority; and e: a reference to an activity were a reference to the designation. 2: Unless the territorial authority applies section 170, sections 92 to 92B and 96 to 103 a: with the modifications described in subsection (1); and b: as if a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 171 104: Recommendation by territorial authority Section 171 1A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition. 105: Appeals Section 174(4) 4: In determining an appeal, the Environment Court must have regard to the matters set out in section 171(1) a: cancel a requirement; or b: confirm a requirement; or c: confirm a requirement, but modify it or impose conditions on it as the Court thinks fit. 106: New section 175 substituted Section 175 175: Designation to be provided for in district plan 1: Subsection (2) applies to a territorial authority if— a: a requiring authority makes a decision under section 172 i: no appeal is lodged against the requiring authority's decision within the time permitted by section 174(2)(c) ii: an appeal is lodged against the requiring authority's decision under section 174 iii: an appeal is lodged against the requiring authority's decision and the Environment Court confirms or modifies the requirement; or b: a board of inquiry decides to confirm a requirement with or without modifications under section 149R c: the Environment Court decides to confirm a requirement with or without modifications under section 149U, 198E, or 198K 2: The territorial authority must, as soon as practicable and without using Schedule 1 a: include the designation in its district plan and any proposed district plan as if it were a rule in accordance with the requirement as issued or modified in accordance with this Act; and b: state in its district plan and in any proposed district plan the name of the requiring authority that has the benefit of the designation. 107: Effect of designation 1: Section 176(1)(a) section 9(1) section 9(3) 2: Section 176(1)(b)(i) described in section 9(4) 108: Land subject to existing designation or heritage order Section 177(1) sections 9(3) sections 9(2) 109: New section 178 substituted Section 178 178: Interim effect of requirements for designations 1: This section applies when— a: a requiring authority gives notice of a requirement for a designation to the EPA under section 145 b: a requiring authority gives notice of a requirement for a designation to a territorial authority under section 168 c: a territorial authority decides to issue a notice of requirement for a designation within its own district under section 168A d: a requiring authority gives notice of a requirement for a modified designation under clause 4 of Schedule 1 e: a territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 of Schedule 1 2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would prevent or hinder the public work, project, or work to which the designation relates unless the person has the prior written consent of the requiring authority. 3: The period starts,— a: for the purposes of subsection (1)(a), on the day on which the requiring authority gives notice under section 145 b: for the purposes of subsection (1)(b), on the day on which the requiring authority gives notice of the requirement under section 168 c: for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 168A d: for the purposes of subsection (1)(d), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 4 of Schedule 1 e: for the purposes of subsection (1)(e), on the day on which the territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 of Schedule 1 4: The period ends on the earliest of the following days: a: the day on which the requirement is withdrawn: b: the day on which the requirement is cancelled: c: the day on which the designation is included in the district plan. 5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement. 6: This section does not prevent an authority responsible for an earlier designation or heritage order from doing anything that is in accordance with the earlier designation or order. 110: Appeals relating to sections 176 to 178 1: Section 179(1) section 176(1)(b) or section 177(2) or section 178(1) section 176(1)(b), 177(2), or 178(2) 2: Section 179(2)(c) sections 176(1)(b), 177(2), or 178(1) section 176(1)(b), 177(2), or 178(2) 111: Transfer of rights and responsibilities for designations Section 180(2) 175(1)(e) 175(2)(b) 112: New section 189A substituted Section 189A 189A: Notice of requirement for heritage order by territorial authority 1: This section applies if a territorial authority decides to issue a notice of requirement for a heritage order within its own district for the purposes described in section 189(1) and (2) 2: The territorial authority must decide whether to notify the notice of requirement under sections 95A to 95F section 95 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant or a consent authority were a reference to the territorial authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to an activity were a reference to the heritage order. 3: Section 189 4: If the requirement is publicly notified, any person may make a submission about it to the territorial authority. 5: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority. 6: A submission must be in the prescribed form. 7: A submission must be served on the territorial authority within the time allowed by section 97 8: A submission may state whether— a: it supports the requirement; or b: it opposes the requirement; or c: it is neutral. 9: Sections 99 to 103 10: In considering the requirement, the territorial authority must have regard to— a: the matters set out in section 191 b: all submissions. 11: The territorial authority may— a: confirm the requirement, with or without conditions; or b: modify the requirement, with or without conditions; or c: withdraw the requirement. 113: New section 190 substituted Section 190 190: Further information, notification, submissions, and hearing for notice of requirement to territorial authority 1: If a territorial authority is given a notice of requirement under section 189 sections 95 to 95F a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant were a reference to the heritage protection authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to a consent authority were a reference to the territorial authority; and e: a reference to an activity were a reference to the heritage order. 2: If the requirement is publicly notified, any person may make a submission about it to the territorial authority. 3: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority. 4: A submission must be in the prescribed form. 5: A submission must be served on the territorial authority within the time allowed by section 97 6: A submission may state whether— a: it supports the requirement; or b: it opposes the requirement; or c: it is neutral. 7: Sections 92 to 92B and 98 to 103 a: with the modifications described in subsection (1); and b: as if a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 191 114: Recommendation by territorial authority Section 191(1) supplied under section 190 and reports with which the authority is supplied 115: Application of other sections Section 192(f) 116: Land subject to existing heritage order or designation Section 193A(1) sections 9(3) sections 9(2) 117: New section 194 substituted Section 194 194: Interim effect of requirement 1: This section applies when— a: a heritage protection authority gives notice of a requirement for a heritage order to the EPA under section 145 b: a heritage protection authority gives notice of a requirement for a heritage order to a territorial authority under section 189 c: a territorial authority decides to issue a notice of requirement for a heritage order within its own district under section 189A d: a territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 of Schedule 1 2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would wholly or partly nullify the effect of the heritage order unless the person has the prior written consent of the heritage protection authority. 3: The period starts,— a: for the purposes of subsection (1)(a), on the day on which the heritage protection authority gives notice under section 145 b: for the purposes of subsection (1)(b), on the day on which the heritage protection authority gives notice of the requirement under section 189 c: for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 189A d: for the purposes of subsection (1)(d), on the day on which the territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 of Schedule 1 4: The period ends on the earliest of the following days: a: the day on which the requirement is withdrawn: b: the day on which the requirement is cancelled: c: the day on which the heritage order is included in the district plan. 5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement. 118: New section 195A inserted The following section is inserted after section 195 195A: Alteration of heritage order 1: A heritage protection authority that is responsible for a heritage order may at any time give notice to the territorial authority of its requirement to alter the heritage order. 2: Sections 189 to 195 3: However, a territorial authority may at any time alter a heritage order in its district plan or a requirement in its proposed district plan if— a: the alteration— i: involves no more than a minor change to the effects on the environment associated with the heritage order concerned; or ii: involves only minor changes or adjustments to the boundaries of the heritage order or requirement; and b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and c: the territorial authority and the heritage protection authority agree with the alteration. 4: Sections 189 to 195 5: This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own heritage order or requirement within its own district. 119: New sections 198A to 198M and heading inserted The following heading and sections are inserted after section 198 Streamlining decision-making on designations and heritage orders 198A: Sections 198B to 198G apply to requirements under section 168 or 189 1: Sections 198B to 198G a: a requirement for a designation under section 168 b: a requirement for a heritage order under section 189 c: a requirement under section 181 (other than a notice to which section 181(3) section 168 d: a requirement under section 195A section 189 2: If the notice of requirement is called in under section 142(2) sections 198B to 198G 198B: Requiring authority or heritage protection authority's request 1: The requiring authority or heritage protection authority must request the relevant territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority. 2: The requiring authority or heritage protection authority must make the request in the period— a: starting on the date on which the requiring authority or heritage protection authority gives notice under section 168 or 189 b: ending 5 working days after the date on which the period for submissions on the requirement closes. 3: The requiring authority or heritage protection authority must make the request electronically or in writing on the prescribed form. 198C: Territorial authority’s decision on request 1: If the territorial authority receives the request after it has determined that the requirement will not be notified, it must return the request. 2: If the territorial authority receives the request before it has determined whether the requirement will be notified, it must defer its decision on the request until after it has decided whether to notify the requirement and then apply either subsection (3) or (4). 3: If the territorial authority decides not to notify the requirement, it must return the request. 4: If the territorial authority decides to notify the requirement, it must give the requiring authority or heritage protection authority its decision on the request within 15 working days after the date of the decision on notification. 5: In any other case, the territorial authority must give the requiring authority or heritage protection authority its decision on the request within 15 working days after receiving the request. 6: No submitter has a right to be heard by the territorial authority on a request. 7: If the territorial authority returns or declines the request, it must give the requiring authority or heritage protection authority its reasons, in writing or electronically, at the same time as it gives the authority its decision. 8: If the territorial authority declines the request under subsection (4) or (5), the requiring authority or heritage protection authority may object to the territorial authority under section 357 198D: Territorial authority's subsequent processing 1: If the territorial authority does not grant the request under section 198B 2: If the territorial authority decides to grant the request under section 198B 3: The territorial authority must prepare a report on the requirement within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes: b: the period that ends 20 working days after the date on which the territorial authority decides to grant the request. 4: In the report, the territorial authority may— a: address issues that are set out in section 171 or 191 b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications). 5: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to— a: the requiring authority or heritage protection authority; and b: every person who made a submission on the requirement. 198E: Environment Court decides 1: Subsection (2) applies to a requiring authority or heritage protection authority who— a: receives a report under section 198D(5) b: continues to want the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority. 2: The requiring authority or heritage protection authority must,— a: within 10 working days after receiving the report, lodge with the Environment Court a notice of motion in the prescribed form specifying the orders sought and the grounds upon which the application is made, and a supporting affidavit as to the matters giving rise to the application; and b: as soon as is reasonably practicable after lodging the notice of motion, serve a copy of the notice of motion and affidavit on— i: the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B ii: every person who made a submission to the territorial authority on the requirement; and c: tell the Registrar of the Environment Court when the copies have been served. 3: A territorial authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with— a: the requirement to which the notice of motion relates; and b: the authority's report on the requirement; and c: all the submissions on the requirement that the authority received; and d: all the information and reports on the requirement that the authority was supplied with. 4: Section 274 5: Part 11 6: If considering a matter that is a notice of requirement for a designation or to alter a designation, the Court— a: must have regard to the matters set out in section 171(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 7: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the Court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 198F: Residual powers of territorial authority The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198E 198G: When territorial authority must deal with requirement (1): This section applies when— a: a requiring authority or heritage protection authority receives a report under section 198D(5) b: either— i: the requiring authority or heritage protection authority advises the territorial authority that the requiring authority does not intend to lodge a notice of motion with the Environment Court under section 198E(2) ii: the requiring authority or heritage protection authority does not lodge a notice of motion with the Environment Court under section 198E(2) c: the requiring authority or heritage protection authority continues to want the requirement dealt with. 2: The territorial authority must deal with the requirement. 198H: Sections 198I to 198M apply to requirements under section 168A or 189A 1: Sections 198I to 198M a: a requirement for a designation under section 168A b: a requirement for a heritage order under section 189A c: a requirement under section 181 section 168A d: a requirement under section 195A section 189A 2: If the notice of requirement is called in under section 142(2), sections 198I to 198M 198I: Territorial authority's decision 1: The territorial authority must make its decision in the period— a: starting on the date on which the territorial authority decides to notify the requirement under section 168A(1A) or 189A(2) b: ending 5 working days after the date on which the period for submissions on the requirement closes. 2: No submitter has a right to be heard by the territorial authority on a decision under section 198H 198J: Territorial authority's subsequent processing 1: The territorial authority must continue to process the requirement and must comply with subsections (2) to (4). 2: The territorial authority must prepare a report on the requirement within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes: b: the period that ends 20 working days after the date on which the territorial authority makes its decision under section 198H(1) 3: In the report, the territorial authority may— a: address issues that are set out in section 168A(3) or 189A(10) b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications). 4: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement. 198K: Environment Court decides 1: If the territorial authority continues to want the requirement to be determined by the Environment Court, the authority must,— a: within 10 working days after preparing the report, lodge with the Environment Court a notice of motion in the prescribed form specifying the orders sought and the grounds upon which the application is made, and a supporting affidavit as to the matters giving rise to the application; and b: as soon as is reasonably practicable after lodging the notice of motion, serve a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and c: tell the Registrar of the Environment Court when the copies have been served. 2: The territorial authority must, without delay, provide the Environment Court with— a: the requirement to which the notice of motion relates; and b: the territorial authority's report on the requirement; and c: all the submissions on the requirement that the territorial authority received; and d: all the information and reports on the requirement that the territorial authority was supplied with. 3: Section 274 4: Part 11 5: If considering a matter that is a notice of requirement for a designation or to alter a designation, the Court— a: must have regard to the matters set out in section 171(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 6: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the Court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the Court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 198L: Residual powers of territorial authority The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198K 198M: When territorial authority must deal with requirement 1: This section applies when— a: a territorial authority prepares a report under section 198J b: the territorial authority does not lodge a notice of motion with the Environment Court under section 198K(1) c: the territorial authority continues to want the requirement dealt with. 2: The territorial authority must deal with the requirement. 120: Special tribunal Section 203 3: A member of a special tribunal is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the tribunal. 121: Submissions to special tribunal 1: Section 205(2) 96(2) and (4) 96(5) and (6) 2: Section 205(2) ; and c: the reference in section 96(6)(a) to section 97 122: Conduct of hearing 1: Section 206(2) 2: Section 206(3) 101 100 and 101 123: Territorial authority to issue consent notice Section 221(2) 2: Every consent notice must be signed by a person authorised by the territorial authority to sign consent notices. 124: Restrictions upon deposit of survey plan 1: Section 224 under the Land Transfer Act 1952 or with the Registrar of Deeds for the purposes of section 11(1)(a) for the purposes of section 11(1)(a)(i) or (iii) 2: Section 224(f) authenticated by the territorial authority under section 252 of the Local Government Act 1974 is lodged with the District Land Registrar or Registrar of Deeds, as the case may require signed by a person authorised by the territorial authority to sign such certificates is lodged with the Registrar-General of Land 125: Consent authority approval of plan of survey of reclamation 1: Section 245(5) 5: A regional council (as the consent authority) approves a plan of survey by— a: affixing its common seal to the plan of survey (or a copy of it); and b: having its chief executive sign and date a certificate stating that— i: the reclamation conforms with the resource consent and the relevant provisions of any regional plan; and ii: in respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)(b) 2: Section 245(6) subsections (5)(a)(ii) or (5)(b)(ii) subsection (5)(b) 126: Restrictions on deposit of plan of survey for reclamation Section 246(2)(b) section 245(5)(a)(ii) or (5)(b)(ii) section 245(5)(b) 127: Appointment of Environment Judges and alternate Environment Judges Section 250(3)(a) 8 10 128: Representation at proceedings 1: Section 274(1) and (2) 1: The following persons may be a party to any proceedings before the Environment Court: a: the Minister: b: a local authority: c: the Attorney-General representing a relevant aspect of the public interest: d: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person's right to be a party is limited by section 308C section 308A e: a person who made a submission to which the following apply: i: it was made about the subject matter of the proceedings; and ii: section 308B(2) clauses 6(4) and 29(1B) of Schedule 1 f: a person who made a submission to which the following apply: i: it was made about the subject matter of the proceedings; and ii: section 308B(2) clause 6(4) or 29(1B) of Schedule 1 iii: it was made in compliance with whichever of section 308B(2) clause 6(4) or 29(1B) of Schedule 1 2: A person described in subsection (1) may become a party to the proceedings by giving notice to the Environment Court and to all other parties within 15 working days after— a: the period for lodging a notice of appeal ends, if the proceedings are an appeal: b: the decision to hold an inquiry, if the proceedings are an inquiry: c: the proceedings are commenced, in any other case. 2: Section 274(3)(b) relief sought proceedings 3: Section 274(4B) subsection (1)(e), evidence may only be called subsection (1)(e) or (f), evidence may be called only 4: Section 274(6) public generally interest that the general public has 129: Section 284A repealed Section 284A 130: New section 285 substituted Section 285 285: Awarding costs 1: The Environment Court may order any party to proceedings before it to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the Court considers reasonable. 2: Subsection (1) does not apply if the Environment Court makes an order under section 308H(2) 3: The Environment Court may order any party to proceedings before it to pay to the Crown all or any part of the Court's costs and expenses. 4: Subsection (3) does not apply if the Environment Court makes an order under section 308H(3) 5: In proceedings under section 87G, 149T, 198E, or 198K a: when deciding whether to make an order under subsection (1) or (3),— i: apply a presumption that costs under subsections (1) and (3) are not to be ordered against a person who is a party under section 274(1) ii: apply a presumption that costs under subsection (3) are to be ordered against the applicant; and b: when deciding on the amount of any order it decides to make, have regard to the fact that the proceedings are at first instance. 6: The Environment Court may order a party who fails to proceed with a hearing at the time the Court arranges, or who fails to give adequate notice of the abandonment of the proceedings, to pay to any other party or to the Crown any of the costs and expenses incurred by the other party or the Crown. 131: Section 289 repealed Section 289 132: New section 290AA inserted The following section is inserted after section 290 290AA: Powers of Court in regard to certain appeals under clause 14 of Schedule 1 The Environment Court, when hearing an appeal under clause 14(1) of Schedule 1 section 55(2B) 133: Environment Court may order change to policy statements and plans 1: The heading to section 293 proposed change to 2: Section 293(1), (3), (4), and (5) policy statement or plan proposed policy statement or plan 134: Appeals to Court of Appeal Section 308 2: Subsection (1) does not apply to appeals against a determination of the High Court under section 299 section 149U section 149V(3) to (7) 135: New Part 11A inserted The following Part is inserted after section 308 11A: Act not to be used to oppose trade competitors 308A: Identification of trade competitors and surrogates In this Part,— a: person A b: person B c: person C 308B: Limit on making submissions 1: Subsection (2) applies when person A wants to make a submission under section 96 2: Person A may make the submission only if directly affected by an effect of the activity to which the application relates, that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 3: Failure to comply with the limits on submissions set in section 149E or 149O clause 6(4) or 29(1B) of Schedule 1 308C: Limit on representation at appeals 1: This section applies when person A wants to be a party under section 274 2: Person A may be a party to the appeal only if directly affected by an effect of the subject matter of the appeal that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 308D: Limit on appealing under this Act Person A must not bring an appeal, or be a party to an appeal, under this Act for any of the following purposes: a: protecting person A from trade competition: b: preventing person B from engaging in trade competition: c: deterring person B from engaging in trade competition. 308E: Prohibition on using surrogate 1: Person A must not directly or indirectly help person C to bring an appeal for any of the purposes in section 308D 2: Person A must not directly or indirectly help person C to be a party to an appeal for any of the purposes in section 308D 308F: Surrogate must disclose status Person C must tell the court if person C— a: appears before the court as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B; and b: has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A to bring the appeal or be a party to the appeal for any of the purposes in section 308D 308G: Declaration that Part contravened 1: Proceedings may be brought in the Environment Court for a declaration that person A or person C— a: contravened any of the provisions in this Part: b: aided, abetted, counselled, induced, or procured the contravention of any of the provisions in this Part: c: conspired with any other person in the contravention of any of the provisions in this Part: d: was in any other way knowingly concerned in the contravention of any of the provisions in this Part. 2: Any person (other than person A or person C) who was a party to an appeal against a decision under this Act in favour of person B may bring the proceedings. 3: The proceedings must not be commenced until the appeal against the decision under this Act in favour of person B is determined. 4: The proceedings must be commenced within 6 years after the contravention. 5: The Environment Court may make the declaration. 308H: Costs orders if declaration made 1: This section applies if the Environment Court makes a declaration under section 308G 2: The Environment Court must make an order that the party against whom it makes the declaration pay to any other party an amount for costs and expenses that the Court must calculate by— a: totalling all the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened the provision in this Part; and b: deducting from the total any amount for costs and expenses (including witness expenses) that the party against whom the declaration is made has paid to the other party in previous proceedings on the same matter. 3: The Environment Court must make an order that the party against whom it makes the declaration pay to the Crown an amount for costs and expenses that the Court must calculate by— a: totalling all the costs and expenses incurred by the Court because the party against whom the declaration is made contravened the provision in this Part; and b: deducting from the total any amount for costs and expenses that the party against whom the declaration is made has paid to the Crown in previous proceedings on the same matter. 4: The Court may decline to make an order under subsection (2) or (3) only if the Court considers that the order should not be made because the circumstances are exceptional. If the Court declines to make an order under subsection (2) or (3), it may make an order under section 285(1) or (3) 5: If the Court makes a declaration against person C, it must also make an order that person A not directly or indirectly reimburse person C for the costs and expenses that the Court has ordered person C to pay. 308I: Proceedings for damages in High Court 1: A person who obtains a declaration under section 308G 2: The proceedings must be brought in accordance with the High Court Rules. 3: The proceedings must be commenced within 6 years after the declaration is made. 4: The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration. 136: Appeals 1: Section 325(3F) legal such stay has 2: Section 325(4) 137: Power of entry for inspection Section 332(1)(c) 14(2), or 15(2) 14(1), 15(2), and 15(2A) 138: Offences against this Act Section 338(4) subsection (1) , (1A), or (1B) 139: Penalties 1: Section 339(1) 1: Every person who commits an offence against section 338(1), (1A), or (1B) a: in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000: b: in the case of a person other than a natural person, to a fine not exceeding $600,000. 1A: Every person who commits an offence against s ection 338(1), (1A), or (1B) 2: Section 339(5) 5: If a person is convicted of an offence against section 338 a: the orders specified in section 314 b: an order requiring a consent authority to serve notice, under section 128(2) 140: Liability of principal for acts of agents Section 340(2) and (3) 2: Despite anything in subsection (1), if proceedings are brought under that subsection, it is a good defence if— a: the defendant proves,— i: in the case of a natural person (including a partner in a firm),— A: that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or B: that he or she took all reasonable steps to prevent the commission of the offence; or ii: in the case of a person other than a natural person,— A: that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or B: that the defendant took all reasonable steps to prevent the commission of the offence; and b: the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence. 3: If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved— a: that the act or omission that constituted the offence took place with his or her authority, permission, or consent; and b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 141: Service of documents 1: Section 352(1)(b) , including by facsimile 2: Section 352(1)(ca) and (d) d: by posting it to the Post Office box address that the person has specified as an address for service; or e: by leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service; or f: by sending it to the fax number that the person has specified as an address for service; or g: by sending it to the email address that the person has specified as an address for service; or h: by serving it in the manner that the Environment Court directs in the particular case. 3: Section 352 4A: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served— a: by delivering it at the organisation's head office or principal place of business; or b: by sending it to the fax number or email address that the organisation has specified for its head office or principal place of business; or c: by a method agreed between the organisation and the person serving the notice or document. 4: Section 352(5) (ca) (d) 142: New section 357 substituted Section 357 357: Right of objection against certain decisions 1: A person whose application to a territorial authority is not granted under section 10(2) 2: A person whose submission to an authority is struck out under section 41C(7) 3: A person whose application to a consent authority is determined to be incomplete under section 88(3) 4: A person whose application or submission is declined to be processed or considered by a board of inquiry exercising the powers of a consent authority under section 99(8) 5: A person who requests a certificate of compliance from the EPA under section 139(13)(a) 6: A requiring authority whose notice to a territorial authority is declined under section 182(5) 7: A requiring authority whose application to a territorial authority is not granted under section 184 8: A requiring authority or heritage protection authority whose request to a territorial authority is not granted under section 198C(4) or (5) 9: A person has a right of objection to a regional council about a public notice given by the council under section 369(11) 143: Right of objection to consent authority against certain decisions or requirements 1: Section 357A(1)(b) and (c) 2: Section 357A(1)(e) e: in respect of a decision of the authority under section 87E(5) or (6) section 87D f: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if— i: the application or review was notified; and ii: either no submissions were received or any submissions received were withdrawn: g: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if the application or review was not notified. 3: Section 357A(2) and (3) 2: Subsection (1)(f) and (g) apply to an application made under section 88 for a resource consent. However, they do not apply if the consent authority refuses to grant the resource consent under sections 104B and 104C sections 104B and 104C 3: Subsection (1)(f) and (g) apply to an application made under section 127 4: Subsection (1)(f) and (g) apply to a review of the conditions of a resource consent under sections 128 to 132 5: Subsection (1)(f) and (g) apply to an application made under section 221 144: Procedure for making and hearing objection under sections 357 to 357B 1: Section 357C(1) 1: An objection under section 357, 357A, or 357B 2: Section 357C(3) local authority or consent authority person or body to which the objection is made 3: Section 357C(4) local authority or Minister, as the case may be, person or body to which the objection is made 145: Decision on objections made under sections 357 to 357B 1: Section 357D(1) consent authority or local authority person or body to which an objection is made under sections 357 to 357B 2: Section 357D(2) 2: The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it. 146: Appeals against certain decisions or objections 1: Section 358(1) section 357A section 357A(1)(a), (d), (f) (g) 2: Section 358(1) Appeals from objections under section 357(4) or (8) section 357(2) 147: Regulations 1: Section 360(1)(ab) 2: Section 360(1) hj: providing for discounts on administrative charges imposed under section 36 section 127 hk: requiring local authorities to provide information under sections 35 and 35A . 3: Section 360 4: Regulations made under this section may incorporate material by reference. Schedule 1AA section 360 148: Section 395 repealed Section 395 149: Amendments to Schedule 1 of principal Act 1: This section amends Schedule 1 2: The heading to clause 1 Interpretation and time Time 3: Clause 1(1) 4: Clause 3C 12 36 5: Clause 4(4) local territorial 6: Clause 4(7) 7: If a territorial authority includes a requirement, or modification of a requirement, in its proposed district plan under subclause (6), it must make available for public inspection all information about the requirement that is required by the prescribed form for the notice of that requirement. 7: Clause 5(1A)(a) local territorial 8: Clauses 6 7 8 8A 6: Making of submissions 1: Once a proposed policy statement or plan is publicly notified under clause 5 2: The local authority in its own area may make a submission. 3: Any other person may make a submission but, if the person could gain an advantage in trade competition through the submission, the person's right to make a submission is limited by subclause (4). 4: A person who could gain an advantage in trade competition through the submission may make a submission only if directly affected by an effect of the proposed policy statement or plan that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 5: A submission must be in the prescribed form. 7: Public notice of submissions 1: A local authority must give public notice of— a: the availability of a summary of decisions requested by persons making submissions on a proposed policy statement or plan; and b: where the summary of decisions and the submissions can be inspected; and c: the fact that no later than 10 working days after the day on which this public notice is given, the persons described in clause 8(1) d: the date of the last day for making further submissions (as calculated under paragraph (c)); and e: the limitations on the content and form of a further submission. 2: The local authority must serve a copy of the public notice on all persons who made submissions. 8: Certain persons may make further submissions 1: The following persons may make a further submission, in the prescribed form, on a proposed policy statement or plan to the relevant local authority: a: any person representing a relevant aspect of the public interest; and b: any person that has an interest in the proposed policy statement or plan greater than the interest that the general public has; and c: the local authority itself. 2: A further submission must be limited to a matter in support of or in opposition to the relevant submission made under clause 6 8A: Service of further submissions 1: A person who makes a further submission under clause 8 a: the relevant local authority; and b: the person who made the submission under clause 6 2: The further submission must be served on the person referred to in subclause (1)(b) not later than 5 working days after the day on which the person provides the relevant local authority with the further submission. 9: Clause 10 10: Decisions on provisions and matters raised in submissions 1: A local authority must give a decision on the provisions and matters raised in submissions, whether or not a hearing is held on the proposed policy statement or plan concerned. 2: The decision— a: must include the reasons for accepting or rejecting the submissions and, for that purpose, may address the submissions by grouping them according to— i: the provisions of the proposed statement or plan to which they relate; or ii: the matters to which they relate; and b: may include— i: matters relating to any consequential alterations necessary to the proposed statement or plan arising from the submissions; and ii: any other matter relevant to the proposed statement or plan arising from the submissions. 3: To avoid doubt, the local authority is not required to give a decision that addresses each submission individually. 4: The local authority must— a: give its decision no later than 2 years after notifying the proposed policy statement or plan under clause 5 b: publicly notify the decision within the same time. 5: On and from the date the decision is publicly notified, the proposed policy statement or plan is amended in accordance with the decision. 10: Clause 11(1) and (2) 1: At the same time as a local authority publicly notifies a decision under clause 10(4)(b) a: a copy of the public notice; and b: a statement of the time within which an appeal may be lodged by the person. 2: Where a decision has been made under clause 9(2) clause 10(4)(b) 11: Clause 11(3) gives a notice summarising a decision, serves or provides a copy of the public notice under subclause (1) or (2), 12: Clause 14(2) 2: However, a person may appeal under subclause (1) only if— a: the person referred to the provision or the matter in the person's submission on the proposed policy statement or plan; and b: the appeal does not seek the withdrawal of the proposed policy statement or plan as a whole. 2A: For the purposes of subclause (2)(b), proposed plan 13: Clause 16(1) 1: A local authority must, without using the process in this Schedule, make an amendment to its proposed policy statement or plan that is required by section 55(2) section 293 14: Clause 16(3) 15: Clause 20(4)(b) 16: Clause 25(2)(a)(iii) legal request has 17: Clause 25 2A: Subclause (2)(a)(iii) is subject to section 86B 18: Clause 29(1) (2) to (9) (1A) to (9) 19: Clause 29 1A: Any person may make a submission but, if the person is a trade competitor of the person who made the request, the person's right to make a submission is limited by subclause (1B). 1B: A trade competitor of the person who made the request may make a submission only if directly affected by an effect of the plan or change that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 150: Minor amendments The principal Act is amended in the manner set out in the Schedule 2: Transitional provisions and amendments to other enactments 1: Transitional provisions 151: Legal effect of rules 1: This section applies to— a: a rule in a proposed plan, if the proposed plan was notified under clause 5 b: a rule in a change, if the change was notified under clause 26(b) 2: The legal effect of the rule must be determined as if the amendments made by this Act had not been made. 152: Existing rules providing for protection of trees Section 152 repealed 4 September 2013 section 69 Resource Management Amendment Act 2013 153: National environmental standards The amendments made by this Act apply to a national environmental standard whether the standard was in force before or after the commencement of this section. 154: National policy statements The amendments made by this Act apply to a national policy statement whether the statement was issued before or after the commencement of this section. 155: Proposals of national significance called in 1: Subsection (2) applies to a resource consent application, notice of requirement, or request for a change to a plan that, immediately before the commencement of this section,— a: had been lodged with or initiated by a local authority; and b: had been called in by the Minister for the Environment or Minister of Conservation under section 141B c: had not proceeded to the stage at which no further appeal was possible. 2: The application, notice of requirement, or request must be determined as if the amendments made by this Act had not been made. 156: Restricted coastal activities 1: Subsection (4) applies to an application for a coastal permit for a restricted coastal activity that, immediately before the commencement of this section,— a: had been publicly notified under section 93 b: had not been decided by the Minister of Conservation. 2: Subsection (4) also applies to an application to change or cancel a condition of a coastal permit for a restricted coastal activity if, immediately before the commencement of this section,— a: the consent authority had decided, under section 127 b: the application had not proceeded to the stage at which no further appeal was possible. 3: Subsection (4) also applies to a review of the conditions of a coastal permit for a restricted coastal activity if, immediately before the commencement of this section,— a: the consent authority had decided, under section 130 b: the review had not proceeded to the stage at which no further appeal was possible. 4: The application or review must be determined as if the amendments made by this Act had not been made. 157: Notices of requirement 1: Subsection (2) applies to a requirement for a designation or heritage order if, immediately before the commencement of this section,— a: 1 or more of the following had occurred: i: a notice of the requirement had been given under section 168(1) or (2) 189(1) ii: the territorial authority had resolved to publicly notify the requirement under section 168A(1) iii: the territorial authority had given notice of the requirement under section 189A(1) iv: a requiring authority had given notice of the requirement, and the requirement was for a modified designation, under clause 4 v: the territorial authority had decided to include the requirement in its proposed district plan under clause 4 b: the requirement had not proceeded to the stage at which no further appeal was possible. 2: The requirement must be determined as if the amendments made by this Act had not been made. 3: Subsections (1) and (2) also apply as if a requirement to alter a designation or heritage order were a requirement for a designation or heritage order. 158: Enforcement proceedings 1: Subsection (2) applies to an application for an enforcement order or to a charging document a: relates to acts or omissions before the commencement of this section; and b: either— i: was lodged or filed ii: is lodged or filed 2: The application, or the proceedings relating to the charge 3: The period for filing a charging document section 338(1A) or (1B) Section 158(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 158(1)(b)(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 158(1)(b)(ii) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 158(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 158(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 159: Outstanding applications for resource consent where further information requested 1: A consent authority must determine that an application for a resource consent has lapsed if— a: the application was lodged before the commencement of the Resource Management Amendment Act 2005 b: the consent authority requests, or has requested, further information on the application under section 92(1) c: the applicant does not comply with the request within 12 months after the later of the following: i: the date of commencement of this section: ii: the date on which the request was made. 2: An application that is lodged again with a consent authority after lapsing under subsection (1) must be treated for the purposes of the principal Act as if it were a new application for a resource consent. 160: Applications and matters lodged before commencement 1: Subsection (3) applies to anything specified in subsection (2) that, immediately before the commencement of this section,— a: had been lodged with or initiated by a local authority or a Minister; but b: had not proceeded to the stage at which no further appeal was possible. 2: The things referred to in subsection (1) are— a: an application for a resource consent (or anything treated by the principal Act as if it were an application for a resource consent): b: any other matter in relation to a resource consent (or in relation to anything treated by the principal Act as if it were a resource consent): c: an application for a water conservation order under section 201(1) d: an application to revoke or amend a water conservation order under section 216(2) e: an application or a proposal to vary or cancel an instrument creating an esplanade strip under section 234(1) or (3) f: a matter of creating an esplanade strip by agreement under section 235(1) 3: The application or matter must be determined as if the amendments made by this Act had not been made. 4: This section is subject to sections 156 159 161: Certain proposed policy statements or plans, changes, and variations publicly notified before commencement 1: Subsection (2) applies to a proposed policy statement or plan or a change that, immediately before 1 October 2009,— a: had been publicly notified under clause 5 26(b) b: had not proceeded to the stage at which no further appeal was possible. 2: The proposed policy statement or plan or change must be determined as if the amendments made by this Act had not been made. 2: Other enactments 162: Consequential amendments to Costs in Criminal Cases Act 1967 1: This section amends the Costs in Criminal Cases Act 1967 2: Section 4(5) or the Health and Safety in Employment Act 1992 the Health and Safety in Employment Act 1992 Resource Management Act 1991 3: Section 7(3) or the Health and Safety in Employment Act 1992 the Health and Safety in Employment Act 1992 Resource Management Act 1991 4: Section 10(2) or the Health and Safety in Employment Act 1992 the Health and Safety in Employment Act 1992 Resource Management Act 1991 2009-10-01 Costs in Criminal Cases Act 1967 163: Consequential amendments to Crown Organisations (Criminal Liability) Act 2002 1: This section amends the Crown Organisations (Criminal Liability) Act 2002 2: Section 3(b) b: enable the prosecution of Crown organisations for offences under the Building Act 2004 Health and Safety in Employment Act 1992 Resource Management Act 1991 . 3: Section 6(1) c: an offence against the Resource Management Act 1991 4: Section 7(a) a: compliance with the obligations imposed by the Building Act 2004 Health and Safety in Employment Act 1992 Resource Management Act 1991 . 5: Section 8(5) 5: This section is subject to section 54 of the Health and Safety in Employment Act 1992 sections 77A and 115A of the Summary Proceedings Act 1957 section 4(9) of the Resource Management Act 1991 6: Section 10(1)(b) vii: section 22 . 2009-10-01 Crown Organisations (Criminal Liability) Act 2002 164: Consequential amendment to Incorporated Societies Act 1908 Section 17(2) 2009-10-01 Incorporated Societies Act 1908 165: Consequential amendment to Local Government Official Information and Meetings Act 1987 Part 1 of Schedule 1 146 149J 2009-10-01 Local Government Official Information and Meetings Act 1987 166: Consequential amendments to Sentencing Act 2002 Section 4(4) or the Health and Safety in Employment Act 1992 , the Health and Safety in Employment Act 1992 Resource Management Act 1991 2009-10-01 Sentencing Act 2002

DLM1583800

2009

Māori Trustee Amendment Act 2009

1: Title This Act is the Māori Trustee Amendment Act 2009. 2: Commencement This Act comes into force on 1 July 2009. 3: Principal Act amended This Act amends the Maori Trustee Act 1953 2009-07-01 Maori Trustee Act 1953 1: Amendments to principal Act 4: This Act to be read with Te Ture Whenua Maori Act 1993 1: Section 2 Interpretation 2: Section 2 3: Without limiting subsection (1), in this Act, unless the context otherwise requires,— Appropriation Account Common Fund General Purposes Fund Māori Trustee a: means the Māori Trustee established by section 3 b: includes, as the context requires, the Māori Trustee who— i: is appointed under section 6 ii: continues to hold office under section 6A 5: New headings and sections 3 to 6E substituted The headings above sections 3 4 sections 3 to 6 Māori Trustee established 3: Māori Trustee established 1: This section establishes the Māori Trustee. 2: The Māori Trustee is a corporation sole with perpetual succession and a seal of office. Capacity, powers, and status of Māori Trustee 4: Capacity and powers of Māori Trustee 1: For the purpose of exercising the powers and performing the functions and duties of the Māori Trustee conferred by or under this Act or any other enactment, the Māori Trustee has— a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and b: for the purpose of paragraph (a), full rights, powers, and privileges. 2: Subsection (1) applies subject to— a: the provisions of this Act and any other enactment; and b: the general law. 5: Independence of Māori Trustee In exercising the powers and performing the functions and duties of the Māori Trustee in his or her fiduciary capacity under this Act or any other enactment, the Māori Trustee must act independently, free from any direction or instruction from the Crown. Provisions relating to appointment of Māori Trustee 6: Appointment of Māori Trustee 1: The Māori Trustee is appointed by the Minister. 2: An appointment made under subsection (1) must be made by written notice to the person appointed. 3: The notice must— a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and b: state the period for which the appointment is made, which must not exceed a period of 5 years; and c: be published by the Minister in the Gazette 4: The person appointed under this section— a: may be reappointed; and b: continues in office, despite the expiry of his or her term of office, until— i: the person is reappointed; or ii: the person’s successor is appointed; or iii: the person ceases to be the Māori Trustee in a circumstance provided for in section 6B 6A: Continuation of appointment Despite section 6 Māori Trustee Amendment Act 2009 section 6(3) 6B: Termination of appointment of Māori Trustee 1: The Māori Trustee ceases to hold office if he or she— a: resigns from office by written notice to the Minister; or b: is removed or suspended from office under subsection (2); or c: ceases to hold office as the Māori Trustee under this Act. 2: The Minister may, if the Minister is satisfied that there is just cause, remove or suspend the Māori Trustee from office by written notice to the Māori Trustee, stating— a: the date on which the removal or suspension takes effect, which must not be earlier than the date on which the notice is received; and b: the reasons for the removal or suspension; and c: in the case of a suspension from office,— i: the date on which the person’s appointment will be reinstated; or ii: the event upon which his or her reinstatement depends. 3: The Minister must notify the removal or suspension in the Gazette 4: The Māori Trustee is not entitled to receive compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as the Māori Trustee. 5: In exercising his or her powers under this section, the Minister must observe the rules of natural justice. 6: In subsection (2), just cause a: undischarged bankruptcy, misconduct, or neglect of duty; or b: inability to perform the functions and duties of the Māori Trustee. Appointments by Māori Trustee 6C: Deputy Māori Trustee 1: The Māori Trustee must appoint a Deputy Māori Trustee. 2: The Deputy Māori Trustee is an employee of the Māori Trustee. 3: In the case of a vacancy in the office of the Māori Trustee, or if the Māori Trustee is unable to perform the functions and duties of the Māori Trustee under this Act or any other enactment, or is for any reason prevented from doing so, the Deputy Māori Trustee has and may exercise the powers and perform the functions and duties of the Māori Trustee for as long as the vacancy or absence continues. 4: The powers exercised, and functions and duties performed, by the Deputy Māori Trustee under subsection (3) 6D: Other employees 1: The Māori Trustee may appoint the employees that the Māori Trustee considers appropriate to enable the Māori Trustee to exercise the powers and perform the functions and duties of office under this Act effectively and efficiently. 2: The Governor-General may, by Order in Council, provide that the Māori Trustee must not, in relation to any or all employees (including the Deputy Māori Trustee), agree to terms and conditions of employment in a collective employment agreement, or an amendment to those terms and conditions, without— a: consulting the State Services Commissioner; and b: having regard to the recommendations that the State Services Commissioner may make to the Māori Trustee within a reasonable time of being consulted. Delegation 6E: Delegation by Māori Trustee 1: The Māori Trustee may delegate to the Deputy Māori Trustee any of the powers, functions, or duties conferred on the Māori Trustee by or under this Act or any other enactment. 2: Subject to any general or express directions of the Māori Trustee, the Deputy Māori Trustee has and may exercise all the powers, or perform the functions and duties, delegated by the Māori Trustee in the same manner and with the same effect as if they had been conferred on the Deputy Māori Trustee directly by or under this Act or any other enactment. 3: A delegation under this section— a: must be in writing; and b: is revocable in writing at any time; and c: may be made subject to any restrictions or conditions that the Māori Trustee thinks fit; and d: does not prevent the exercise of a power or performance of a function or duty by the Māori Trustee; but e: does not include a power of delegation. 4: In the absence of proof to the contrary, the Deputy Māori Trustee, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation. 5: Powers exercised, functions or duties performed, and decisions made by the Deputy Māori Trustee, acting as the delegate of the Māori Trustee, may not be questioned in any proceeding on the ground that the occasion for the Deputy Māori Trustee to act had not arisen or had ceased. 6: New heading inserted The following heading is inserted above section 7 Further provisions relating to powers and functions of Māori Trustee 7: Māori Trustee’s Account Section 17 4: Money may be paid out of the Appropriation Account in the Māori Trustee’s Account for the purposes that are agreed to from time to time between the Māori Trustee and the Crown. 8: Section 19 repealed Section 19 9: Section 21 repealed Section 21 10: Accounts within Māori Trustee’s Account 1: Section 23(1) h: the Appropriation Account. 2: Section 23 5A: All money received by way of Crown appropriation must be credited to the Appropriation Account in the Māori Trustee’s Account. 11: New sections 26 to 26B substituted Section 26 26: Money held in Common Fund invested in Fund 1: All money held in trust in the Common Fund is invested in that fund, and any income derived from investment of the money forms part of the Common Fund. 2: Unless an exception is provided for in regulations made under section 52(a)(i) section 52(a)(ii) 3: Distributable income payable under subsection (2) must be calculated in accordance with the following formula: a − b = c where— a is the total amount of money received by the Māori Trustee as income, including amounts properly determined to be realised capital gains less capital losses, from the money held by the Māori Trustee in trust in the Common Fund b is the total amount of the management fees that the Māori Trustee is entitled to charge or retain under section 26A c is the amount of distributable income that must be paid annually under subsection (2), which must be apportioned in accordance with regulations made under section 52(b) 4: The Māori Trustee must review, on a quarterly basis, the extent to which the distributable income payable under subsection (2) is commensurate with fair market distributable income paid for the relevant quarter, relative to funds that are— a: comparable in size to those held in trust in the Common Fund; and b: subject to conditions comparable to the conditions applying to the Common Fund. 5: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009 26A: Management fees The Māori Trustee may charge or retain a management fee, calculated in accordance with regulations made under section 52(c) 26B: Disclosure requirements 1: The Māori Trustee must report to account holders on the matters and in the manner prescribed by regulations made under section 52(d) a: the amount of distributable income payable in respect of each account; and b: the management fee charged or retained under section 26A c: the net amount of distributable income to be paid; and d: such other matters that the Māori Trustee considers necessary or desirable. 2: The annual report of the Māori Trustee must include a report on the total amount of distributable income, less management fees charged or retained, paid on money held in trust in the Common Fund. 12: Investment of Common Fund Section 28 3: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009 13: Section 41 repealed Section 41 14: New section 52 substituted Section 52 52: Regulations The Governor-General may, by Order in Council, on the recommendation of the Minister of Māori Affairs, make regulations— a: for the purpose of section 26(2) i: defining any special circumstances or cases in which the Māori Trustee, though required to credit distributable income to an account, is not required to pay distributable income under that section, including, without limitation, prescribing the sum of money below which the Māori Trustee is not required to make a distributable income payment: ii: setting out how and to whom distributable income is to be paid: b: for the purpose of section 26(3) c: for the purpose of section 26A d: for the purpose of section 26B(1) e: for other purposes expressly provided for in this Act: f: prescribing any other matters contemplated by this Act or necessary for its administration or to give it full effect. 15: Section 53 repealed Section 53 2: Transitional provisions and consequential amendments Transitional matters 16: Interpretation In this section and sections 17 to 30 document section 4(1) existing undertaking a: means— i: all property and estates administered, held, managed, or controlled by the Maori Trustee or the Maori Trust Office before the commencement of this Act, including the funds and accounts within the Māori Trustee’s Account, as provided for in section 23 ii: all rights and liabilities of the Maori Trustee and the Maori Trust Office before the commencement of this Act; and b: includes any reserves of the Maori Trustee or Maori Trust Office in existence before the commencement of this Act fiduciary rights and liabilities liabilities Maori Trust Office new Māori Trustee section 3 old Maori Trustee 17: New Māori Trustee succeeds to existing undertaking On and from the commencement of this Act, the new Māori Trustee succeeds to— a: the existing undertaking, which is binding on the new Māori Trustee; and b: the fiduciary rights and liabilities, which bind the new Māori Trustee. 18: Dissolution of Maori Trust Office On and from the commencement of this Act, the Maori Trust Office is dissolved. 19: Contracts and other instruments 1: A reference (express or implied) to the old Maori Trustee or the Maori Trust Office in any instrument, register, record, notice, security, document, or communication made, given, passed, or executed before or on the commencement of this Act must be read as a reference to the new Māori Trustee. 2: A reference (express or implied) to an officer of the Maori Trust Office in any instrument, register, record, notice, security, document, or communication made, given, passed, or executed before or on the commencement of this Act must be read as a reference to the corresponding employee of the new Māori Trustee, or if there is no corresponding employee, to another appropriate employee of the new Māori Trustee. 3: Contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether in writing or not), entered into by, made with, given to or by, or addressed to the old Maori Trustee or the Maori Trust Office (whether alone or with another person) before the commencement of this Act and having effect immediately before that date ( contracts and other instruments 4: The contracts and other instruments referred to in subsection (3) are binding on, and enforceable by, against, or in favour of, the new Māori Trustee as if the new Māori Trustee, rather than the old Maori Trustee, the Maori Trust Office, or the chief executive of Te Puni Kōkiri had been the person or entity by whom they were entered into, with whom they were made, or to or by whom they were given or addressed. 20: Status of existing securities 1: A security held by the old Maori Trustee or the Maori Trust Office as security for a debt or other liability to the old Maori Trustee or the Maori Trust Office incurred before the commencement of this Act— a: is available to the new Māori Trustee as security for the discharge of that debt or liability; and b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the new Māori Trustee incurred on or after the commencement of this Act. 2: The new Māori Trustee is entitled to the same rights and priorities, and is subject to the same liabilities, in relation to the security as the old Maori Trustee or the Maori Trust Office would be if this Act had not been passed. 21: Continuation of proceedings 1: An action, arbitration, proceeding, or cause of action that was pending or that existed by, against, or in favour of the old Maori Trustee or the Maori Trust Office, or to which the old Maori Trustee or the Maori Trust Office was a party, before the commencement of this Act may be continued and enforced by, against, or in favour of the new Māori Trustee. 2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or other cause of action. 22: Effect of Act 1: Nothing done or authorised by this Act— a: places the old Maori Trustee, the Maori Trust Office, the new Māori Trustee, or any other person in breach of contract or confidence, or makes any of them liable for a civil wrong; or b: entitles a person to terminate or cancel a contract or arrangement, or to accelerate the performance of an obligation, or to impose a penalty or increased charge; or c: places the old Maori Trustee, the Maori Trust Office, the new Māori Trustee, or any other person in breach of an enactment, a rule of law, or a provision of a contract that prohibits, restricts, or regulates the assignment or transfer of property or the disclosure of information; or d: releases a surety from an obligation; or e: invalidates or discharges a contract or surety. 2: A document, matter, or thing that would have been admissible in evidence for or against the old Maori Trustee or the Maori Trust Office is, on and after the commencement of this Act, admissible in evidence for or against the new Māori Trustee. 23: Registers 1: A Registrar of Deeds, the Registrar-General of Land, or any other person charged with keeping books or registers is not required to change the name of the old Maori Trustee or the Maori Trust Office to the new Māori Trustee in the books or registers, or in a document, solely because of the provisions of this Act. 2: If the new Māori Trustee presents an instrument referred to in subsection (3) to a registrar or other person, the presentation of that instrument by the new Māori Trustee is, in the absence of proof to the contrary, sufficient evidence that the property is vested in the new Māori Trustee. 3: For the purposes of this section, the instrument need not be an instrument of transfer, but must— a: be executed, or purport to be executed, by the new Māori Trustee; and b: relate to property held by the old Maori Trustee or the Maori Trust Office immediately before the commencement of this Act; and c: be accompanied by a certificate by the new Māori Trustee that the property became vested in the new Māori Trustee by virtue of the provisions of this Act. 24: Transfer of employees 1: On and from the commencement of this Act, every person employed in the Maori Trust Office immediately before that date ceases to be employed in the Maori Trust Office and becomes an employee of the new Māori Trustee ( transferred employee 2: However, subsection (1) does not apply to the old Maori Trustee in his capacity as the general manager of the Maori Trust Office immediately before the commencement of this Act and the old Maori Trustee is not entitled to compensation or other payment or benefit relating to his ceasing to be the general manager of the Maori Trust Office. 25: Protection of employment conditions 1: In the case of a transferred employee who, immediately before the commencement of this Act, is employed on an individual employment agreement, the transferred employee must be employed by the new Māori Trustee on terms and conditions no less favourable than those applying to that employee immediately before the commencement of this Act. 2: Transferred employees who, immediately before the commencement of this Act, are employed under a collective employment agreement are, on and after the commencement of this Act, employed by the new Māori Trustee on a collective employment agreement with terms and conditions no less favourable than those on which those employees were employed immediately before the commencement of this Act. 3: Subsections (1) and (2)— a: continue 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 (or his or her representative) and the new Māori Trustee; but b: do not apply to a transferred employee who receives any subsequent appointment with the new Māori Trustee. 26: Continuity of employment For the purposes of every enactment, law, contract, and agreement relating to the employment of a transferred employee,— a: the contract of employment of that person applying immediately before the commencement of this Act in respect of that person’s employment in the Maori Trust Office is to be treated as having been unbroken; and b: a reference to the chief executive of Te Puni Kōkiri in the contract of employment of a transferred employee must be read as a reference to the new Māori Trustee; and c: the person’s period of service in the Maori Trust Office is to be treated as a period of service with the new Māori Trustee under this Act. 27: No compensation for redundancy A transferred employee is not entitled to compensation for redundancy by reason only of the person ceasing to be an employee in the Maori Trust Office. 28: Membership of Government Superannuation Fund 1: If a transferred employee was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956 a: that person is to be regarded, for the purposes of the Government Superannuation Fund Act 1956 b: the Government Superannuation Fund Act 1956 2: For the purposes of this section, subsection (1) applies to the new Māori Trustee as if the new Māori Trustee were a transferred employee. Taxation and other duties 29: Taxes and duties 1: This section applies for the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of any tax, duty, levy, rate, or other charge. 2: On and from the commencement of this Act,— a: the old Maori Trustee and the new Māori Trustee are to be treated as the same person; and b: all transactions entered into by, and all acts of, the old Maori Trustee before the commencement of this Act are to be treated as having been entered into or performed by the new Māori Trustee on the date on which they were entered into or performed by the old Maori Trustee. 3: In this section, Inland Revenue Acts section 3(1) Section 29(3) amended 8 December 2009 section 165 Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 Consequential and other amendments 30: Enactments amended 1: The enactments listed in the Schedule 2: On and from the commencement of this Act, except as expressly provided or unless the context otherwise requires, every reference in any enactment or document to— a: the Maori Trustee must be read as a reference to the Māori Trustee, as defined in section 2(3) b: the Maori Trust Office must be read as a reference to the Māori Trustee, as defined in section 2(3) 2009-07-01 Administration Act 1969 Crown Proceedings Act 1950 Insolvency Act 2006 Maori Affairs Restructuring Act 1989 Maori Community Development Act 1962 Maori Housing Act 1935 Maori Purposes Act 1954 Maori Reserved Land Act 1955 Maori Soldiers Trust Act 1957 Maori Vested Lands Administration Act 1954 Mining Tenures Registration Act 1962 Official Information Act 1982 Ombudsmen Act 1975 Protection of Personal and Property Rights Act 1988 Public Audit Act 2001 Public Finance Act 1989 Queen Elizabeth the Second Postgraduate Fellowship of New Zealand Act 1963 Remuneration Authority Act 1977 Te Ture Whenua Maori Act 1993 Trustee Act 1956

DLM2172200

2009

Road User Charges Amendment Act 2009

1: Title This Act is the Road User Charges Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Road User Charges Act 1977 2009-08-11 Road User Charges Act 1977 1: Amendment to preliminary provision 4: Interpretation Section 2(1) light electric motor vehicle . 2: Amendments to Part 1 of principal Act 5: Power to alter rates of road user charges by Order in Council Section 20 1A: An Order in Council made under this section that increases all or any of the rates of road user charges specified in Schedule 3 comes into force 42 days after the date of its notification in the Gazette 6: New section 21 inserted The following section is inserted after section 20 21: Distance and supplementary licences for certain motor vehicles become invalid 1 month after road user charge rate increased 1: This section applies if a road user charge rate specified in Schedule 3 is increased under section 20 or by any other Act. 2: Despite any other provision of this Act, a distance licence or supplementary licence for a motor vehicle whose gross laden weight is more than 3.5 tonnes issued before the increase comes into force is no longer valid after the expiry of 1 month from the date of the increase. 7: Regulations and Orders in Council 1: Section 24(1) ga: prescribing for the purposes of section 4(c), motor vehicles (including light electric motor vehicles) that are exempt from this Part: . 2: Section 24 1A: Regulations made under subsection (1)(ga) a: must specify a date on which the exemption expires; and b: may, from time to time, be amended to provide for a later date.

DLM2015700

2009

Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009

1: Title This Act is the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009. 2: Commencement This Act comes into force on 2 July 2009. 3: Interpretation In this Act, unless the context otherwise requires, the terms Estimates other expenses Supplementary Estimates Public Finance Act 1989 4: Interim meaning of funding entitlements for parliamentary purposes 1: In the Parliamentary Service Act 2000 funding entitlements for parliamentary purposes a: the performance by a member of Parliament of his or her role and functions as a member of Parliament: b: the performance by a recognised party (within the meaning of that Act) of its role and functions as a recognised party: c: the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000 d: the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000 e: the provision of services and resources to support electoral candidates to whom section 9C section 9B f: the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose. 2: However, despite subsection (1)(c) and (d) funding entitlements for parliamentary purposes section 20A 3: In subsection (1)(d), electioneering a: seeks support for the election of a particular person or people; or b: seeks support for the casting of a party vote for a particular political party or political parties; or c: encourages any person to become a member of a particular political party or political parties; or d: solicits subscriptions or other financial support. 4: The following must, as far as possible, be interpreted consistently with subsections (1) to (3): a: all determinations made under section 20A b: all directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000 c: the scope of each category of non-departmental other expenses in Vote Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses relates to— i: members' communications; or ii: member support; or iii: party and member support funding of any party; or iv: travel of members and others: d: the scope of each category of non-departmental other expenses in Vote Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses replaces 1 or more of the categories listed in paragraph (c). 5: Expiry This Act expires with the close of 31 December 2010. 2011-01-01 Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009

DLM2534100

2009

Policing (Constable's Oaths Validation) Amendment Act 2009

1: Title This Act is the Policing (Constable's Oaths Validation) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Policing Act 2008 2009-12-08 Policing Act 2008 4: New heading and section 115A inserted The following heading and section are inserted after section 115 Validation of constable's oaths 115A: Validation of constable's oaths A Police employee or judicial officer who has administered the constable's oath described in section 22(1) in the period that commenced on 1 October 2008 and ended with the close of 12 October 2009 is to be treated as having been authorised, throughout that period, by the Commissioner to administer the oath and as having administered the oath in accordance with section 22.

DLM2581000

2009

Corrections (Use of Court Cells) Amendment Act 2009

1: Title This Act is the Corrections (Use of Court Cells) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Corrections Act 2004 2009-12-08 Corrections Act 2004 4: Establishment of prisons Section 32 2A: Nothing in section 9 of the Resource Management Act 1991 applies to the detention of prisoners in a court cell block that is declared by notice in the Gazette 5: Consequential amendment to Resource Management Act 1991 1: This section consequentially amends the Resource Management Act 1991 2: Section 4 3A: Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette 2009-12-08 Resource Management Act 1991

DLM2377100

2009

Subordinate Legislation (Confirmation and Validation) Act 2009

1: Title This Act is the Subordinate Legislation (Confirmation and Validation) Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: General and technical provisions 3: Purpose 1: The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament. 2: The validations effected by sections 10 12 13 section 4 4: Validations to prevent expiry do not cure invalidity, etc In the light of their purpose, the validations effected by sections 10 12 13 a: express an intention to give legislative force to the provisions of the enactments validated; or b: apply to any reason for invalidating any of those enactments; or c: override any presumption that would otherwise apply to any of those enactments. 5: Act binds the Crown This Act binds the Crown. 6: Repeal The Subordinate Legislation (Confirmation and Validation) Act 2008 2009-12-18 Subordinate Legislation (Confirmation and Validation) Act 2008 2: Confirmations and validations 7: Animal Products Act 1999 The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009 2009-12-18 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009 8: Commodity Levies Act 1990 The following orders are confirmed: a: Commodity Levies (Passionfruit) Order 2008 b: Commodity Levies (Summerfruit) Order 2008 c: Commodity Levies (Satsuma Mandarins) Order 2008 d: Commodity Levies (Wheat Grain) Order 2008 e: Commodity Levies (Milksolids) Order 2009 f: Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2009 2009-12-18 Commodity Levies (Passionfruit) Order 2008 Commodity Levies (Summerfruit) Order 2008 Commodity Levies (Satsuma Mandarins) Order 2008 Commodity Levies (Wheat Grain) Order 2008 Commodity Levies (Milksolids) Order 2009 Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2009 9: Customs and Excise Act 1996 The following orders are confirmed: a: Customs Export Prohibition Order 2008 b: Customs Import Prohibition Order 2008 c: Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2008 d: Customs Export Prohibition (Toothfish) Order 2009 e: Customs Import Prohibition (Toothfish) Order 2009 f: Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2009 g: Excise and Excise-equivalent Duties (Motor Spirits) Amendment Order 2009 2009-12-18 Customs Export Prohibition Order 2008 Customs Import Prohibition Order 2008 Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2008 Customs Export Prohibition (Toothfish) Order 2009 Customs Import Prohibition (Toothfish) Order 2009 Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2009 Excise and Excise-equivalent Duties (Motor Spirits) Amendment Order 2009 10: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964 The Social Security (Rates of Benefits and Allowances) Order 2009 2009-12-18 Social Security (Rates of Benefits and Allowances) Order 2009 11: Road User Charges Act 1977 The Road User Charges (Rates) Order 2009 2009-12-18 Road User Charges (Rates) Order 2009 12: Tariff Act 1988 The following orders are validated and confirmed: a: Tariff Amendment Order 2008 b: Tariff (Other Spirits Restructure) Amendment Order 2008 c: Tariff Amendment Order (No 2) 2008 2009-12-18 Tariff Amendment Order 2008 Tariff (Other Spirits Restructure) Amendment Order 2008 Tariff Amendment Order (No 2) 2008 13: War Pensions Act 1954 The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2009 2009-12-18 War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2009 14: Wine Act 2003 The Wine (Non-grape Wine Levy) Order 2008 2009-12-18 Wine (Non-grape Wine Levy) Order 2008

DLM1340439

2009

Legal Services Amendment Act 2009

1: Title This Act is the Legal Services Amendment Act 2009. 2: Commencement This Act comes into force on the date immediately after the expiry of the period of 2 months that commences on the day on which this Act receives the Royal assent. 3: Principal Act amended This Act amends the Legal Services Act 2000 2010-02-17 Legal Services Act 2000 1: Amendments to principal Act 4: Interpretation 1: Section 4(1) offender victim a: means— i: a person against whom an offence is committed by another person; and ii: a person who, through, or by means of, an offence committed by another person, suffers physical injury or loss of, or damage to, property; and iii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and iv: a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and b: despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,— i: that offence; or ii: an offence relating to the same incident or series of incidents as that crime or offence . 2: Section 4 4: For the purposes of the definitions of offender victim child immediate family incapable offence young person 5: Proceedings for which legal aid may be granted: civil matters Section 7 1A: To avoid any doubt, subsection (1)(e)(v) applies, without limitation, to the following proceedings: a: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; and b: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which a victim may appear as of right or with the Board's leave. 6: When legal aid may be granted: civil matters Section 9(8) 8: Subsections (2) and (4)(a) and (b) do not apply to— a: applications for legal aid in respect of victims' claims proceedings; or b: applications for legal aid by a victim in respect of— i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which the victim may appear as of right or with the Board's leave; or c: applications for legal aid by a person of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b); or d: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b). 7: Conditions on grant of legal aid Section 15(6) ; or d: applications for legal aid by a victim in respect of— i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which the victim may appear as of right or with the Board's leave; or e: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or f: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section. 8: New section 36A inserted The following section is inserted after section 36 36A: Agency may decide not to recover debt in certain circumstances 1: The Agency may decide not to recover any debt due to the Agency under a grant of legal aid if— a: the enforcement of the debt would cause serious hardship to the aided person: b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid: c: the Agency considers that it would be just and equitable not to recover the debt. 2: The Agency may make a decision under subsection (1) 3: If the Agency decides under subsection (1) a: the debt must be treated as being written off for the purposes of section 37; and b: section 37(2) to (5) apply accordingly. 4: In subsection (1) serious hardship 9: Regulations 1: Section 113(1) oa: exempting, in accordance with subsection (8) i: section 9(2) and (4)(a) and (b): ii: section 15: . 2: Section 113 8: No regulations may be made for the purposes of subsection (1)(oa) a: the proposed exemption is in the public interest: b: the proposed exemption facilitates access to justice: c: the proposed exemption is just and equitable in the circumstances. 2: Transitional provisions 10: Transitional provisions 1: In this section, commencement date 2: The provisions of the Legal Services Amendment Act 2009 apply only to applications for legal aid made on or after the commencement date. 3: Section 36A section 8

DLM1956108

2009

Tariff (AANZFTA) Amendment Act 2009

1: Title This Act is the Tariff (AANZFTA) Amendment Act 2009. 2: Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 January 2010 Tariff (AANZFTA) Amendment Act 2009 Commencement Order 2009 3: Principal Act amended This Act amends the Tariff Act 1988 OIC SR 2009/347 2010-01-01 Tariff Act 1988 Implementation of preferential tariffs 4: Purpose of sections 5, 6, and 10 The purpose of sections 5 6 10 5: Interpretation 1: The definition of least developed country section 2(1) section 7 of this Act section 7A(1)(c) 2: The definition of less developed country section 2(1) section 7 of this Act section 7A(1)(d) 3: The definition of specified TPA party under section 7A(1)(b) Order in Council 4: Section 2(1) AANZFTA ASEAN preferential abbreviation section 7(3) preferential country section 7(3) specified AANZFTA party section 7A(1)(a) . 6: New sections 7 to 7B substituted Sections 7 7A 7: Application of Tariff 1: The Tariff applies to goods in a Tariff item that are the product or manufacture of a preferential country at the rate— a: specified after the preferential abbreviation (if any) in the column of the Tariff headed Preferential Tariff; or b: specified in some other way (for example, in a footnote or other indicator) in the Tariff by reference to the preferential country or the preferential abbreviation. 2: The liability to duty of any goods that are the produce or manufacture of a country must, for the purposes of this section, be determined according to the status of that country at the time when the goods are imported into New Zealand. 3: In this section, unless the context otherwise requires,— preferential abbreviation note 3 preferential country note 3 7A: Orders in Council about preferential countries 1: The Governor-General may, by Order in Council, do all or any of the following: a: declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act: b: declare a country to be a specified TPA party for the purposes of this Act if the country— i: is a party to the TPA; or ii: is provisionally applying the terms of the TPA: c: declare a country to be, or not to be, a least developed country for the purposes of this Act: d: declare a country to be, or not to be, a less developed country for the purposes of this Act. 2: The Governor-General may, by an Order in Council making a declaration under subsection (1) a: declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to that country is not to apply to that country: b: modify, in whole or in part, the Tariff rates of duty applicable to goods from that country. 3: No modification under subsection (2)(b) a: necessary or advisable in the public interest; and b: consistent with New Zealand's international obligations. 4: No modification under subsection (2)(b) 7B: Evidence of whether South Pacific Regional Trade and Economic Co-operation Agreement is in force in relation to country 1: A certificate given by the Secretary of Foreign Affairs and Trade to the effect that any country is or is not one in relation to which, at the time of the importation or entry of the goods into New Zealand, the South Pacific Regional Trade and Economic Co-operation Agreement was in force for the purposes of this Act is conclusive evidence of that fact. 2: Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (1) 3: For the purposes of this section,— court District Court a: a Family Court; and b: a Youth Court person acting judicially proceeding a: a proceeding conducted by a court; and b: any interlocutory or other application to a court connected with a proceeding. Application of transitional safeguard measures and provisional transitional safeguard measures 7: Purpose of sections 8 and 9 The purpose of sections 8 9 8: Interpretation The definition of free trade agreement section 15A ; or c: the AANZFTA and AANZFTA side instruments that relate to safeguards . 9: Provisional transitional safeguard measure Section 15H(1)(b)(ii) or the AANZFTA the China FTA 10: Schedule 1 amended 1: Note 2 of Schedule 1 The rate of duty of Free, appearing by itself in the Preferential Tariff duty column, means that goods from the following countries are entered free of duty (goods that are the produce or manufacture of countries in respect of which the following preferential abbreviations apply: AAN, AU, CA, CN, LDC, LLDC, Pac, SG, TH, or TPA). 2: Note 2 of Schedule 1 The rate of duty of Free applies under the Tariff to all goods that are the produce or manufacture of Singapore. 3: Schedule 1 Schedule

DLM248253

1991

Housing Corporation Amendment Act 1991

1: Short Title This Act may be cited as the Housing Corporation Amendment Act 1991, and shall be read together with and deemed part of the Housing Corporation Act 1974 2: Section 4 repealed 1 May 1993 Housing Corporation Amendment Act 1992 3: Section 4 repealed 1 May 1993 Housing Corporation Amendment Act 1992 4: Section 4 repealed 1 May 1993 Housing Corporation Amendment Act 1992 5: 6: 7: 8: 9: 10: 11: 12: Transitional provisions 1: On the commencement of this Act— a: The Director-General shall vacate office as Chairman of the Housing Corporation of New Zealand: b: Every member of the Housing Corporation of New Zealand holding office immediately before the commencement of this Act shall vacate office. 2: Neither the Director-General of the Housing Corporation of New Zealand as Chairman of the Corporation nor any member of the Corporation shall be entitled to compensation for loss of office as Chairman or as a member. 3: Nothing in this section prevents a person who vacates office under subsection (1)(b) of this section from being appointed under section 3 section 3 4: The persons first appointed as members of the Housing Corporation of New Zealand under section 3(2) section 3 5: The member first appointed as Chairperson of the Housing Corporation of New Zealand under section 3(2A) section 3

DLM259644

1991

Health Research Council Amendment Act 1991

1: Short Title This Act may be cited as the Health Research Council Amendment Act 1991, and shall be read together with and deemed part of The Health Research Council Act 1990 2: 3: 4: Transitional provisions 1: Notwithstanding the provisions of the principal Act or of this Act, every member of the Council in office immediately before the commencement of this Act shall— a: If appointed under section 8(1)(c) section 3 section 8(1)(a) section 3 b: If appointed under section 8(1)(b) 8(1)(d) section 3 section 8(1)(b) section 3 2: The term of office of every person deemed by subsection (1) subsection (3) 3: With respect to the first appointed members of the Council, the following provisions shall apply: a: Three of those members shall retire on the 1st day of October 1992: b: The members to retire pursuant to paragraph (a) i: More than 2 of the members appointed or deemed to have been appointed under section 8(1)(a) section 3 ii: More than 2 of the members appointed or deemed to have been appointed under section 8(1)(b) section 3

DLM228377

1991

Government Superannuation Fund Amendment Act 1991

1: Short Title This Act may be cited as the Government Superannuation Fund Amendment Act 1991, and shall be read together with and deemed part of the Government Superannuation Fund Act 1956 2: Revocation of Government Superannuation Fund (Increased Amount in Respect of Adjustments) Order 1990 1: The Government Superannuation Fund (Increased Amount in Respect of Adjustments) Order 1990 (SR 1990/296) 2: Notwithstanding section 20 of the Acts Interpretation Act 1924 Government Superannuation Fund (Increased Amount in Respect of Adjustments) Order 1990

DLM250668

1991

Proceeds of Crime Act 1991

1: Short Title and commencement 1: This Act may be cited as the Proceeds of Crime Act 1991. 2: This Act shall come into force on the 1st day of July 1992. 1: Preliminary provisions Interpretation 2: Interpretation 1: In this Act, unless the context otherwise requires,— Confiscation order Criminal proceedings Criminal proceedings: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Document section 2(1) Official Information Act 1982 drug-dealing offence section 6 Misuse of Drugs Act 1975 Schedule 5 drug-dealing offence: this definition was substituted 22 June 2005 23 Misuse of Drugs Amendment Act 2005 Encumbrance Financial institution a: A life insurance company, being a company as defined in section 2 Life Insurance Act 1908 b: A building society as defined in section 2 Building Societies Act 1965 c: A registered bank within the meaning of the Reserve Bank of New Zealand Act 1989 d: A friendly society or credit union registered or deemed to be registered under the Friendly Societies and Credit Unions Act 1982 e: A registered society within the meaning of the Industrial and Provident Societies Act 1908 f: A specified person or class of persons (including a body or bodies of persons, whether incorporated or not) engaged in the business of borrowing and lending money, or providing financial services, or both, who is or are declared by the Governor-General, by Order in Council, to be a financial institution or institutions for the purposes of Part 5 Foreign drug-dealing offence Mutual Assistance Act Foreign drug-dealing offence: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Foreign forfeiture order Mutual Assistance Act Foreign forfeiture order: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Foreign pecuniary penalty order Mutual Assistance Act Foreign pecuniary penalty order: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Foreign restraining order Mutual Assistance Act Foreign restraining order: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Foreign serious offence Mutual Assistance Act Foreign serious offence: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Forfeiture order section 15(1) Interest a: A legal or equitable estate or interest in the property; or b: A right, power, or privilege in connection with the property: international crime section 4(1) International Crimes and International Criminal Court Act 2000 international crime: this definition was inserted 1 July 2002 187(1) International Crimes and International Criminal Court Act 2000 See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 Minister Monitoring order section 77(1) Mutual Assistance Act Mutual Assistance in Criminal Matters Act 1992 Mutual Assistance Act: this definition was inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Official Assignee Pecuniary penalty order section 25(1) Proceeds Production order section 69(1) Property Relevant application period a: The day on which the person was convicted, where section 3(1)(a) b: The day on which the person was discharged without conviction, where section 3(1)(b) c: The day on which the person is treated as having absconded in connection with the offence, where section 3(1)(c) Relevant serious offence relevant offence Restraining order section 42 Serious offence tainted property a: in relation to a serious offence, means— i: property used to commit, or to facilitate the commission of, the offence; or ii: proceeds of the offence; and b: when used without reference to a particular offence, means tainted property in relation to any serious offence; and c: in relation to a serious offence that is an offence against section 8(1) (2A) Terrorism Suppression Act 2002 section 4(1) d: in relation to a foreign serious offence that, if committed within the jurisdiction of New Zealand, would correspond to an offence against section 8(1) (2A) Terrorism Suppression Act 2002 tainted property: this definition was substituted 18 October 2002 81 Terrorism Suppression Act 2002 tainted property: paragraph (c) amended 22 June 2005 8 Terrorism Suppression Amendment Act 2005 section 8(1) or (2A) section 8(1) tainted property: paragraph (d) amended 22 June 2005 8 Terrorism Suppression Amendment Act 2005 section 8(1) or (2A) section 8(1) 2: A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence. 3: A reference in this Act to a benefit derived by a person includes a reference to— a: A benefit derived, directly or indirectly, by the person; and b: A benefit derived, directly or indirectly, by another person at the request or direction of the first person. 4: For the purposes of this Act, 2 serious offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission. 5: For the purposes of this Act, a person is proceeded against by indictment for an offence if proceedings against that person for that offence are commenced by the laying of an information in form 2 in Schedule 2 Summary Proceedings Act 1957 3: Meaning of conviction 1: For the purposes of this Act, a person shall be treated as having been convicted on indictment of a serious offence if— a: The person is proceeded against by indictment and convicted of the offence: b: The person is proceeded against by indictment and found guilty of, or pleads guilty to, the offence but is discharged without conviction: c: The person absconds in connection with the offence. 2: For the purposes of this Act, a person's conviction of an offence shall be treated as having been quashed,— a: Where subsection (1)(a) b: Where subsection (1)(b) c: Where subsection (1)(c) 3: Where a person is treated as having been convicted of an offence by reason of subsection (1)(c) Proceeds of Crime Act 1987 (Aust), s 5 4: Meaning of absconding 1: For the purposes of this Act, a person shall be treated as having absconded in connection with an offence only if— a: An information is laid charging the person with the commission of the offence; and b: A warrant for the arrest of the person is issued in relation to that information; and c: At the end of the period of 6 months after the warrant was issued, the person— i: Cannot be found; or ii: By reason of being outside New Zealand, is not amenable to justice. 2: If, at the end of the period referred to in subsection (1)(c) Proceeds of Crime Act 1987 (Aust), s 6 5: Meaning of dealing with property For the purposes of this Act, dealing with property of a person includes— a: If a debt is owed to that person, making a payment to any person in reduction of the debt: b: Removing the property from New Zealand: c: Receiving or making a gift of the property. Proceeds of Crime Act 1987 (Aust), s 9 Application 6: Act to bind the Crown This Act binds the Crown. 7: Application 1: Subject to subsection (2) 2: Subsection (1) Subsection (2) inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Section 7 amended 1 April 1993 Proceeds of Crime Amendment Act 1992 by adding the words Subject to subsection (2) of this section 2: Confiscation Applications for confiscation orders 8: Application for confiscation order 1: Where a person is convicted on indictment of a serious offence, the Solicitor-General may, at any time before the expiration of the relevant application period, apply to the appropriate Court for one or both of the following orders: a: A forfeiture order against property that is tainted property in respect of the offence: b: A pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence. 2: For the purposes of this section, the appropriate Court, in relation to the person in respect of whose conviction for a serious offence a confiscation order is sought, is— a: The Court before which that person was sentenced, or is due to appear for sentence, in respect of that offence; or b: Where that person is treated as having been convicted of the offence by reason of section 3(1)(c) 3: An application may be made under this section in relation to one or more serious offences. 4: If an application under paragraph (a) (b) 5: The Court shall not grant leave under subsection (4) a: That— i: The tainted property or, as the case requires, the benefit to which the new application relates was identified only after the previous application was determined; or ii: Evidence necessary to support the new application was not reasonably available at the time of the hearing of the previous application; and b: That it is in the interests of justice to grant the leave. Proceeds of Crime Act 1987 (Aust), s 14 9: Application to identify tainted property or benefit Every application made under section 8 a: In the case of an application for a forfeiture order, identify the property that is alleged to be tainted property in respect of the offence: b: In the case of an application for a pecuniary penalty order, identify the benefits that are alleged to have been derived from the commission of the offence. 10: Notice of application 1: Where an application is made for a forfeiture order against property in respect of a person's conviction of a serious offence,— a: The applicant shall serve notice of the application on that person and on any other person the applicant has reason to believe may have an interest in the property: b: The Court may, at any time before the final determination of the application, direct the applicant to serve notice of the application on a specified person or class of persons, in such manner and within such time as the Court thinks fit: c: The person in respect of whose conviction the application is made and any other person who claims an interest in the property are entitled to appear and to adduce evidence at the hearing of the application. 2: Where an application is made for a pecuniary penalty order against a person convicted of a serious offence,— a: The applicant shall serve notice of the application on that person: b: The person is entitled to appear and to adduce evidence at the hearing of the application. Proceeds of Crime Act 1987 (Aust), s 15 11: Notice of application may be recorded on register 1: Where— a: An application is made for a forfeiture order against property of a particular kind; and b: The provisions of any New Zealand enactment provide for the registration of title to, or charges over, property of that kind,— the Court may, at any time before the final determination of the application, by order, direct the authority responsible for administering those provisions to enter on the register a note of the fact that an application has been made under this Act for a forfeiture order against the property, and the authority shall give effect to the order accordingly. 2: Where— a: Any entry is made in a register pursuant to an order made under subsection (1) b: Any of the following occurs, namely— i: The application to which the entry relates is finally determined; or ii: Proceedings on the application to which the entry relates are discontinued, whether because the application is withdrawn or for any other reason; or iii: The application to which the entry relates is amended so as to exclude the property in respect of which the entry is made,— the Court shall, by order, direct the relevant authority to cancel the entry, and the authority shall give effect to the order accordingly. 12: Amendment of application 1: Subject to subsection (2) 2: The Court shall not amend the application— a: To include additional property in an application for a forfeiture order; or b: To include an additional benefit in an application for a pecuniary penalty order— unless the Court is satisfied that— c: The property or benefit was not reasonably capable of identification when the application was made; or d: Evidence necessary to support the application in relation to that property or benefit became available only after the application was made. 3: Where the application is amended in the manner described in subsection (2) a: Direct the applicant to serve notice of the amendment on the person in respect of whose conviction the application was made: b: In the case of an application for a forfeiture order, direct the applicant to serve notice of the application (as so amended) on any person whom the applicant has reason to believe may have an interest in the additional property included in the application. Proceeds of Crime Act 1987 (Aust), s 16 13: Making of confiscation order where person has absconded Where a person is, by reason of section 3(1)(c) a: The Court is satisfied, on the balance of probabilities, that the person has absconded; and b: The Court is satisfied, beyond reasonable doubt, that the person is guilty of the offence. Proceeds of Crime Act 1987 (Aust), s 17 14: Procedure on application 1: Where an application for a confiscation order is made in respect of a person's conviction of a serious offence, the Court may, in determining the application, take into account— a: Any evidence given in the proceedings taken against that person for the offence, including (but without limiting the generality of the foregoing)— i: Any documents, exhibits, or other things connected with the proceedings that the Court considers relevant: ii: Any note or transcript of the evidence admitted in the proceedings: b: Any sanction imposed pursuant to the person's conviction (whether imposed on sentence or prescribed by law), being a sanction in the nature of a pecuniary penalty or forfeiture of property. 2: If an application is made to the Court before which the person is due to appear for sentence, the Court may defer the passing of sentence until it has determined the application for the confiscation order. Proceeds of Crime Act 1987 (Aust), s 18 Forfeiture orders 15: Forfeiture orders 1: On the hearing of an application for a forfeiture order in respect of a person's conviction of a serious offence, the Court may, if it is satisfied that property specified in the application is tainted property in respect of the offence, order that such of the property as is specified by the Court is forfeited to the Crown. 2: In considering whether or not to make an order under subsection (1) a: The use that is ordinarily made, or was intended to be made, of the property; and b: Any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and c: The nature and extent of the offender's interest in the property (if any), and the nature and extent of any other person's interest in it (if any); and d: In addition to the matter referred to in section 14(1)(b) 3: A Court that makes a forfeiture order against property may, if it considers that it is appropriate to do so, by order,— a: Declare the nature, extent, and value of any person's interest in the property; and b: Declare that the forfeiture order may, to the extent to which it relates to the interest, be discharged pursuant to section 22 4: Where the Court orders that property (other than money) is forfeited to the Crown, the Court shall specify in the order the amount that it considers to be the value of the property at the time the order is made. 5: Where a Court makes a forfeiture order, the Court may give such directions as are necessary and convenient for giving effect to the order. 6: Without limiting the generality of subsection (5) 7: Sections 31 to 34 subsection (6) section 30 Proceeds of Crime Act 1987 (Aust) s 19 16: Effect of forfeiture order 1: Where a Court makes a forfeiture order against property, the property shall vest absolutely in the Crown to the extent of the interest specified in the order. 2: Nothing in subsection (1) section 99 Land Transfer Act 1952 3: Where a Court makes a forfeiture order in respect of an estate or interest in land, the order shall be transmitted by the Registrar of the Court to the District Land Registrar or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 1952 Deeds Registration Act 1908 4: Where a Court makes a forfeiture order against any property,— a: Except with the leave of the Court that made the forfeiture order, the property that is forfeited to the Crown under the order shall not be disposed of, or otherwise dealt with, by or on behalf of the Crown, until the expiry of the relevant appeal period; and b: On the expiry of the relevant appeal period, if the forfeiture order has not been discharged, the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Minister. 5: For the purposes of this section expiry of the relevant appeal period a: The end of the appeal period in relation to the making of the forfeiture order; or b: The end of the appeal period in relation to the person's conviction on which the order is based,— whichever is the later. 6: For the purposes of this section, appeal period a: When the time for bringing an appeal against the decision of the Court expires, if no such appeal has been brought; or b: If an appeal against the decision of the Court has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first. Proceeds of Crime Act 1987 (Aust), s 20 17: Third parties may apply for relief 1: Where an application is made for a forfeiture order, a person who claims an interest in any of the property specified in the application may apply, before the forfeiture order is made, to the Court for an order under section 18 2: Where a Court makes a forfeiture order against any property, any person who claims an interest in any of the property specified in the order may apply to the Court for an order under section 18 3: The person in respect of whose conviction the forfeiture order is sought or was made may not apply under subsection (1) (2) 4: A person on whom notice of the application for a forfeiture order, or of any amendment to the application, was served, or who appeared at the hearing of the application, may not apply under subsection (2) 5: The Court shall not grant leave under subsection (4) 6: Without limiting the generality of subsection (5) subsection (4) a: That the applicant had good reason for failing to attend the hearing of the application for the forfeiture order; or b: That evidence proposed to be adduced by the applicant in connection with the application under subsection (2) 7: A person who makes an application under subsection (1) (2) Proceeds of Crime Act 1987 (Aust), s 21 18: Court may grant relief to third party 1: Where— a: A person applies to the Court under subsection (1) (2) b: The Court is satisfied that the applicant's claim to that interest is valid,— the Court shall, subject to subsection (2) c: Declaring the nature, extent, and value of the applicant's interest in the property; and d: Either— i: Directing the Crown to transfer the interest to the applicant; or ii: Declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court; or iii: In the case of an application under section 17(1) 2: The Court may refuse to make an order under subsection (1) a: The applicant was, in any respect, involved in the commission of the offence in respect of which forfeiture of the property is or was sought; or b: If the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,— but nothing in this subsection shall be taken to require such a refusal. Proceeds of Crime Act 1987 (Aust), s 21(6) 19: Discharge of forfeiture order on appeal or by quashing of conviction 1: Where a Court makes a forfeiture order against property in respect of a person's conviction of a serious offence, and the conviction is subsequently quashed, the quashing of the conviction shall operate to discharge the forfeiture order. 2: Where a forfeiture order in respect of any property is discharged as provided in subsection (1) a: As soon as practicable after the discharge of the order, serve notice of the discharge of the forfeiture order on any person the Solicitor-General has reason to believe may have had an interest in the property immediately before the making of the order; and b: If required to do so by a Court, serve notice of the discharge of the forfeiture order on any specified person or class of persons, in such manner and within such period as is directed by the Court. 3: Every notice under subsection (2) subsection (4) 4: Where a forfeiture order is discharged in either of the ways referred to in subsection (2) 5: If the Minister is satisfied that any claim made under subsection (4) a: If the interest is still vested in the Crown, arrange for the interest to be transferred to the claimant; or b: In any other case, and subject to section 21 Proceeds of Crime Act 1987 (Aust), s 22 20: Minister may apply for directions 1: In any case where there is any question as to the validity of any claim made pursuant to section 19(4) 2: Where an application is made under subsection (1) a: The Minister shall serve notice of the application on every person that the Minister has reason to believe may have an interest in the application: b: The Court may, at any time before the final determination of the application, direct the Minister to serve notice of the application on a specified person or class of persons, in such manner and within such time as the Court thinks fit: c: Every person who claims an interest in the application is entitled to appear and to adduce evidence at the hearing of the application. 21: Double benefit not permitted Where, on any application made under section 17 section 18(1)(d)(ii) section 19(5)(b) 22: Person may buy back interest in forfeited property Where a Court— a: Makes a forfeiture order against any property; and b: Makes an order under subsection (3) the payment to the Crown, while the interest is still vested in the Crown, of the amount specified in the order under that subsection as the value of the interest shall operate to discharge the forfeiture order to the extent to which it relates to the interest, and the Minister shall arrange for the interest to be transferred to the person in whom it was vested immediately before the forfeiture order was made. Proceeds of Crime Act 1987 (Aust), s 33 23: Buying out other interests in forfeited property 1: Where— a: Any property is forfeited to the Crown under a forfeiture order; and b: An interest in that property is required to be transferred to any person (in this section called the purchaser section 19(5) 22 section 18(1)(d)(i) c: Immediately before the forfeiture took place, there existed other interests in that property,— the purchaser may give written notice to each other person who had such an interest in the property that the purchaser intends to purchase that other interest from the Crown. 2: Any person who receives such a notice may, within 21 days after receipt of the notice, lodge a written objection to the purchase of that interest with the Minister. 3: Where the purchaser complies with the requirements of subsection (1) a: A written objection to the purchase of the interest is not lodged with the Minister within the period referred to in subsection (2) b: The purchaser pays to the Crown, while that interest is still vested in the Crown, an amount equal to the value of that interest,— the Minister shall arrange for that interest to be transferred to the purchaser. Proceeds of Crime Act 1987 (Aust), s 34 Registered foreign forfeiture orders 23A: Registered foreign forfeiture orders Where a foreign forfeiture order against property is registered in New Zealand in accordance with section 56 Mutual Assistance Act a: This Part of this Act (other than sections 15(3) 16(4) to (6) 17 to 23 b: The property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised, in writing, by the Attorney-General for the purposes of this paragraph. Proceeds of Crime Act 1987 (Aust), s 23 Sections 23A to 23D inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 23B: Third parties to be notified of registration of foreign forfeiture order Where, in accordance with section 56 Mutual Assistance Act a: On a specified person or specified persons (other than a person convicted of a foreign serious offence in respect of which the foreign forfeiture order was made) whom the Court has reason to believe may have an interest in the property; and b: In such manner and within such time as the Court thinks fit. Proceeds of Crime Act 1987 (Aust), s 23A(2) Sections 23A to 23D inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 23C: Third parties may apply for relief 1: Where a foreign forfeiture order against property is registered in New Zealand in accordance with section 56 Mutual Assistance Act section 23D 2: A person on whom notice of the hearing held in connection with the making of the foreign forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) 3: The Court shall not grant leave under subsection (2) 4: Without limiting the generality of subsection (3) subsection (2) a: That the applicant had good reason for failing to attend the hearing held in connection with the making of the foreign forfeiture order; or b: That evidence proposed to be adduced by the applicant in connection with the application under subsection (1) 5: Subject to subsection (6) subsection (1) 6: The Court may grant a person leave to apply under subsection (1) subsection (5) 7: A person who makes an application under subsection (1) Proceeds of Crime Act 1987 (Aust), s 23A(3)-(6), (8)-(11) Sections 23A to 23D inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 23D: Court may grant relief to third party 1: Where— a: A person applies to the Court under section 23C(1) b: The Court is satisfied that the applicant's claim to that interest is valid,— the Court shall, subject to subsection (2) c: Declaring the nature, extent, and value of the applicant's interest in the property; and d: Either— i: Directing the Crown to transfer the interest to the applicant; or ii: Declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court. 2: The Court may refuse to make an order under subsection (1) a: The applicant was, in any respect, involved in the commission of the offence in respect of which the foreign forfeiture order was made; or b: If the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,— but nothing in this subsection shall be taken to require such a refusal. Sections 23A to 23D inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Pecuniary penalty orders 24: Application 1: Sections 25 to 29 a: Benefits that are provided to or derived by a person either within or outside New Zealand and either before or after the commencement of this Act: b: Property that comes into the possession, or under the control, of a person either within or outside New Zealand and either before or after the commencement of this Act. 2: Despite subsection (1), sections 25 to 29 Proceeds of Crime Act 1987 (Aust), s 24 Section 24(2) added 17 November 2007 section 17 Succession (Homicide) Act 2007 25: Pecuniary penalty orders 1: On the hearing of an application for a pecuniary penalty order in respect of benefits derived by a person from the commission of a serious offence, the Court may, if it is satisfied that the person derived benefits from the commission of that offence,— a: Assess, in accordance with sections 27 28 b: Order the person to pay to the Crown a pecuniary penalty not greater than the penalty amount. 2: The penalty amount is the value of the benefits assessed under sections 27 28 a: An amount equal to the value of any property that has been forfeited, or is proposed to be forfeited, to the Crown under this Part of this Act as proceeds of the relevant serious offence; and b: An amount equal to the value of any pecuniary penalty that has already been imposed, in respect of the benefit, under this Act or any other enactment; and c: Any further amount which the Court considers appropriate to take into account, after having regard to the matter referred to in section 14(1)(b) 3: A pecuniary penalty order against a person may be enforced as if it were an order made in civil proceedings instituted by the Crown against the person to recover a debt due by that person to the Crown. Proceeds of Crime Act 1987 (Aust), s 26(1)-(5), (9) 26: Variation of pecuniary penalty order 1: Where— a: A Court makes a pecuniary penalty order; and b: In calculating the penalty amount, the Court took into account a forfeiture of, or proposed forfeiture order in respect of, any property; and c: The forfeiture order is discharged on appeal against the making of the order, or the proceedings for the proposed forfeiture order terminate without the proposed order being made,— the Solicitor-General may apply to the Court for a variation of the pecuniary penalty order to increase the amount payable to the Crown by the value of the property taken into account under section 25(2)(a) 2: On an application under subsection (1) Proceeds of Crime Act 1987 (Aust), s 26(6) 27: Assessment of pecuniary penalty 1: In this section and in section 28 offence period 2: For the purposes of an application for a pecuniary penalty order, the value of the benefits derived by a person (in this subsection referred to as the defendant a: The money, or the value of the property other than money, that came into the possession or under the control of— i: The defendant; or ii: Another person at the request or direction of the defendant— by reason of the commission of the offence or any of the offences: b: The value of any other benefit provided to— i: The defendant; or ii: Another person at the request or direction of the defendant— by reason of the commission of the offence or any of the offences: c: The value of the defendant's property,— i: Where the application relates to a single offence, before and after the commission of the offence; or ii: Where the application relates to 2 or more offences, before, during, and after the offence period. 3: In calculating, for the purposes of a pecuniary penalty order, the value of benefits derived by a person from the commission of an offence or offences, any expenses or outgoings of that person in connection with the commission of the offence or offences shall be disregarded. 4: For the purposes of this section and section 28 Insolvency Act 2006 Proceeds of Crime Act 1987 (Aust), 27(1), (2), (8), (9) Section 27(4) amended 3 December 2007 section 445 Insolvency Act 2006 28: Further provisions relating to assessment of pecuniary penalty 1: Where an application for a pecuniary penalty order is made in respect of a single offence, and the Court is satisfied that the value of the defendant's property after the commission of the offence exceeded the value of the defendant's property before the commission of the offence, then, for the purposes of section 27 subsection (3) 2: Where an application for a pecuniary penalty order is made in respect of 2 or more offences, and the Court is satisfied that the value of the defendant's property at any time during or after the offence period exceeded the value of the defendant's property before the offence period, then, for the purposes of section 27 subsection (3) 3: Notwithstanding anything in subsection (1) subsection (2) section 27 4: Where an application for a pecuniary penalty order is made in relation to 1 or more drug-dealing offences,— a: All the property of the defendant at the time the application is made; and b: All the property of the defendant at any time— i: Within the period between the day the offence, or the earliest offence, was committed and the day on which the application is made; or ii: Within the period of 2 years immediately before the day on which the application is made,— whichever is the shorter— shall be presumed, unless the contrary is proved, to be property that came into the possession or under the control of the defendant by reason of the commission of the offence or offences. Proceeds of Crime Act 1987 (Aust) s 27(4)-(6) 29: Court may lift corporate veil, etc 1: In assessing the value of benefits derived by a person from the commission of an offence or offences, the Court may treat as property of that person any property that the Court is satisfied is subject to the effective control of the person whether or not the person has— a: Any legal or equitable estate or interest in the property; or b: Any right, power, or privilege in connection with the property. 2: Without limiting the generality of subsection (1) a: Shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in the property; and b: Any trust that has a relationship to the property; and c: Family, domestic, and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) paragraph (b) 3: Where a Court, for the purposes of making a pecuniary penalty order against a person, treats particular property as that person's property under subsection (1) 4: Where a Court declares that property is available to satisfy a pecuniary penalty order,— a: The pecuniary penalty order may be enforced against the property as if the property were the property of the person against whom the order is made; and b: A restraining order may be made in respect of the property as if the property were property of the person against whom the order is made. 5: Where the Solicitor-General applies for an order under subsection (3) a: The Solicitor-General shall serve notice of the application on that person and on any person whom the Solicitor-General has reason to believe may have an interest in the property; and b: That person and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application. Proceeds of Crime Act 1987 (Aust), s 28 29A: Registered foreign pecuniary penalty orders Where a foreign pecuniary penalty order is registered in New Zealand in accordance with section 56 Mutual Assistance Act Section 29A inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 3: Search warrants Issue of search warrants 30: Warrant to search and seize tainted property 1: Any District Court Judge who, on an application in writing made on oath, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing any property that is tainted property in respect of a serious offence may issue a search warrant in respect of that tainted property. 2: An application for a warrant under subsection (1) 3: A District Court Judge shall not issue a warrant under subsection (1) 4: A warrant may be issued under subsection (1) Proceeds of Crime Act 1987 (Aust), s 36 31: Form and content of search warrant 1: Every warrant issued under section 30 2: Every warrant issued under section 30 3: Every warrant issued under section 30 4: Every warrant issued under section 30 a: The place or thing that may be searched pursuant to the warrant: b: The offence or offences in respect of which the warrant is issued: c: A description of the kind of property that is authorised to be seized: d: The period during which the warrant may be executed, being a period not exceeding 14 days from the date of issue: e: Any conditions specified by the Judge pursuant to subsection (3) 32: Powers conferred by warrant 1: Subject to any special conditions specified in the warrant pursuant to section 31(3) section 30 a: To enter and search the place or thing specified in the warrant at any time by day or night during the currency of the warrant; and b: To use such assistants as may be reasonable in the circumstances for the purpose of the entry and search; and c: To use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open anything in or on the place searched; and d: To search for and seize any property of the kind described in the warrant that the person executing the warrant believes on reasonable grounds to be tainted property in respect of the relevant serious offence. 2: Every person called upon to assist any member of the Police executing a warrant issued under section 30 paragraphs (c) (d) 3: If a member of the Police, in the course of executing a warrant issued under section 30 a: Tainted property in respect of a serious offence other than an offence specified in the warrant; or b: Tainted property in relation to any offence specified in the warrant, although not of a kind specified in the warrant,— the warrant shall be sufficient authority to seize that property if the member of the Police believes on reasonable grounds that seizure is necessary to prevent the loss, destruction, or concealment of the property. Proceeds of Crime Act 1987 (Aust), s 36(3), (4), (8), (9) 32A: Power to stop vehicles If it is necessary for a member of the Police to stop a vehicle for the purpose of exercising a search power conferred by section 32(1) sections 314B to 314D Crimes Act 1961 section 32(1) This section was inserted 1 January 1998 25 Crimes Amendment Act (No 2) 1997 33: Person executing warrant to produce evidence of authority Every member of the Police executing any warrant issued under section 30 a: Shall have that warrant with him or her; and b: Shall produce it on initial entry and, if requested, at any subsequent time; and c: Shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within 7 days after the request is made. 34: Notice of execution of warrant Every member of the Police who executes a warrant issued under section 30 a: The date and time of the execution of the warrant; and b: The identity of the person who executed the warrant; and c: The property seized under the warrant. 35: Commissioner of Police to hold property Where property is seized pursuant to a warrant issued under section 30 Proceeds of Crime Act 1987 (Aust), s 39 Dealing with seized property 36: Return of seized property 1: Subject to subsections (2) to (4) sections 37 38 section 30 2: Subject to sections 37 38 a: Any property is seized pursuant to a warrant issued under section 30 b: At the time when the property was seized, an information had not been laid in respect of a relevant serious offence; and c: No such information is laid within 48 hours after the time when the property was seized,— the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after that period of 48 hours has expired. 3: Subject to sections 37 38 a: Any property is seized pursuant to a warrant issued under section 30 b: Either— i: Before the property was seized, a person had been convicted of a relevant serious offence or an information had been laid in respect of a relevant serious offence; or ii: An information was laid in respect of a relevant serious offence within 48 hours after the time when the property was seized; and c: No forfeiture order has been made against the property within the period of 14 days after the property was seized,— the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the period of 14 days has expired. 4: Where— a: Any property has been seized pursuant to a warrant issued under section 30 b: An application for a restraining order or a forfeiture order is made in respect of the property and refused; and c: The property is in the possession of the Commissioner of Police at the time the application is refused,— the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the refusal. Proceeds of Crime Act 1987 (Aust), s 40(3), (4), (8) 37: Retention of seized property where forfeiture order or restraining order made 1: Where— a: Any property is seized pursuant to a warrant issued under section 30 b: But for this subsection, the Commissioner of Police would be required, pursuant to subsection (2) (3) c: Before the end of that period, a restraining order is made in relation to the property,— the following provisions shall apply: d: If the restraining order directs the Official Assignee to take custody and control of the property, the Commissioner of Police shall arrange for the property to be given to the Official Assignee in accordance with that order: e: If the High Court has made an order under subsection (2) 2: Where a restraining order is made in relation to property within the period referred to in subsection (1)(c) 3: Where a forfeiture order is made in respect of any property that is in the possession of the Commissioner of Police pursuant to section 35 Proceeds of Crime Act 1987 (Aust), s 40(5), (6), (9) 38: Application for return of seized property 1: Where any property has been seized pursuant to a warrant issued under section 30 2: An application may be made under subsection (1) sections 36 37 3: Where any person makes an application under subsection (1) a: The applicant is entitled to possession of the property; and b: The property is not tainted property in relation to a relevant serious offence; and c: The person in respect of whose conviction, charging, or proposed charging the property was seized has no interest in the property,— the Court shall order the Commissioner of Police to arrange for the property to be returned to the applicant. Proceeds of Crime Act 1987 (Aust), s 40(1), (2) Search warrants in relation to foreign offences 38A: Search warrant may be issued in relation to foreign offence 1: Where a commissioned officer of the Police is authorised, under section 59 Mutual Assistance Act 2: This Part of this Act (other than sections 30(4) 32(3) 36 to 38 subsection (1) 3: This section applies with any necessary modifications if a person or body is authorised, under section 112 International Crimes and International Criminal Court Act 2000 Proceeds of Crime Act 1987 (Aust), s 42(1) Sections 38A to 38E inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Subsection (3) inserted 1 July 2002 187(2) International Crimes and International Criminal Court Act 2000 See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 38B: Powers conferred by warrant in relation to foreign serious offence Without limiting subsections (1) (2) section 38A(2) section 30 a: Tainted property in relation to the foreign serious offence although not of a kind specified in the warrant; or b: Tainted property in relation to another foreign serious offence in respect of which a search warrant issued under section 30 the warrant shall be sufficient authority to seize that property if the member of the Police believes, on reasonable grounds, that seizure is necessary to prevent the loss, destruction, or concealment of the property. Proceeds of Crime Act 1987 (Aust), s 42(2) Sections 38A to 38E inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 38C: Return of seized property Where— a: Property is seized pursuant to a warrant issued under section 30 b: At the end of the period of 1 month commencing on the day after the day on which the property was seized,— i: Neither a foreign restraining order nor a foreign forfeiture order in relation to the property has been registered in New Zealand under the Mutual Assistance Act ii: A restraining order in respect of the property has not been made under this Act in relation to the foreign serious offence,— the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period of 1 month. Proceeds of Crime Act 1987 (Aust), s 42(5) Sections 38A to 38E inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 38D: Retention of seized property 1: Where— a: Any property is seized pursuant to a warrant issued under section 30 b: Before the end of the period referred to in section 38C i: A foreign restraining order in relation to the property is registered in New Zealand under the Mutual Assistance Act ii: A restraining order in respect of the property is made under this Act in relation to the foreign serious offence,— the following provisions shall apply: c: If there is in force, at the end of that period, a direction by a Court that the Official Assignee take custody and control of the property, the Commissioner of Police shall arrange for the property to be given to the Official Assignee in accordance with the direction: d: If there is in force at the end of that period an order under subsection (2) e: If neither paragraph (c) (d) 2: Where— a: Any property is seized pursuant to a warrant issued under section 30 b: Either— i: A foreign restraining order in respect of the property is registered in New Zealand under the Mutual Assistance Act; or ii: A restraining order in respect of the property is made under this Act in relation to the foreign serious offence; and c: At the time when the restraining order is made or registered, the property is in the possession of the Commissioner of Police,— the Commissioner may apply to the High Court for an order that the Commissioner retain possession of the property, and the Court may, if it is satisfied that the property is required by the Commissioner to be dealt with in accordance with a request made under the Mutual Assistance Act by the foreign country that requested the registration of, or the obtaining of, the restraining order, make an order that the Commissioner may retain the property for so long as the property is required for that purpose. 3: Where— a: Any property is seized pursuant to a warrant issued under section 30 b: While the property is in the possession of the Commissioner of Police, a foreign forfeiture order in respect of the property is registered in New Zealand under the Mutual Assistance Act the Commissioner shall deal with the property as required by the forfeiture order. Proceeds of Crime Act 1987 (Aust), s 42(6)-(8) Sections 38A to 38E inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 38E: Application for return of seized property 1: Where any property has been seized pursuant to a warrant issued under section 30 2: An application may be made under subsection (1) sections 38C 38D 3: Where a person makes an application under subsection (1) a: That the applicant is entitled to possession of the property; and b: That the property is not tainted property in relation to the relevant foreign serious offence; and c: That the person who is alleged to have committed the relevant foreign serious offence has no interest in the property,— the Court shall order the Commissioner of Police to arrange for the property to be returned to the applicant. Proceeds of Crime Act 1987 (Aust), s 42(3), (4) Sections 38A to 38E inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 4: Restraining orders Applications for restraining orders 39: Application for restraining order 1: Where a person (in this section and sections 43 44 48 defendant a: Has been convicted on indictment of a serious offence; or b: Has been, or is about to be, charged with a serious offence,— the Solicitor-General may apply to the High Court for a restraining order under section 42 2: A restraining order may be sought and made in respect of— a: Specified property of the defendant; or b: All the property of the defendant (including property acquired after the making of the order); or c: All the property of the defendant (including property acquired after the making of the order) other than specified property; or d: Specified property of a person other than the defendant. Proceeds of Crime Act 1987 (Aust), s 43(1) 40: Notice of application Subject to section 41 a: The applicant shall serve notice of the application on— i: The owner of the property; and ii: Any other person the applicant has reason to believe may have an interest in the property; and iii: The Official Assignee, in any case where the applicant seeks an order of the kind referred to in section 42(1)(b) b: The Court may, at any time before the final determination of the application, direct the applicant to serve notice of the application on a specified person or class of persons, in such manner and within such time as the Court thinks fit; and c: The owner of the property and any other person who claims an interest in the property are entitled to appear and to adduce evidence at the hearing of the application. Proceeds of Crime Act 1987 (Aust), ss 45, 46 41: Ex parte 1: Notwithstanding section 40 2: Notwithstanding anything in section 65(1) subsection (3) subsection (1) 3: If, before a restraining order granted by virtue of subsection (1) subsection (2) 4: Where an application to which subsection (3) 5: Where an application to which subsection (3) 6: The provisions of this Act shall apply to a restraining order made by virtue of subsection (1) a: Section 65(1) 65(3)(g) 66 b: Section 65(3)(c) (d) subsection (1) of this section section 41 of this Act 7: On the expiry of a restraining order made by virtue of subsection (1) section 47 Proceeds of Crime Act 1987 (Aust), s 45 Granting of restraining orders 42: Court may make restraining order 1: Where an application is made to the High Court for a restraining order against any property, the Court may, subject to sections 43 44 a: Direct that the property, or such part of the property as is specified in the order, is not to be disposed of or otherwise dealt with by any person except as provided in the order; and b: If the Court is satisfied that it is desirable to do so, direct the Official Assignee to take custody and control of the property, or of such part of the property as is specified in the order. 2: A restraining order against a person's property may be made subject to such conditions as the Court thinks fit, which conditions may include, but are not limited to, conditions which make provision for meeting, out of the property included in the order, all or any of the following: a: The reasonable living expenses of the person and the person's dependants, if any: b: The person's reasonable business expenses: c: The person's reasonable expenses in defending any criminal proceedings (including any proceedings under this Act): d: Any specified debt incurred by the person in good faith: e: Any other expense allowed by the Court. 3: In determining whether or not to make provision of the type described in subsection (2) Proceeds of Crime Act 1987 (Aust), s 43(2)-(4) 43: Grounds for making restraining order 1: Where an application under section 39 a: The property is tainted property in relation to the relevant serious offence; or b: The defendant derived a benefit, directly or indirectly, from the commission of the offence. 2: Where an application under section 39 3: Where an application under section 39 a: The property is tainted property in relation to the relevant serious offence; or b: The property is subject to the effective control of the defendant, and the defendant derived a benefit, directly or indirectly, from the commission of the offence. 4: In determining, for the purposes of subsection (3)(b) section 29(2) 5: Subject to subsections (1) to (3) 6: The Court shall not make a restraining order unless the application contains, or the applicant otherwise supplies to the Court, such information as the Court requires concerning the grounds on which the order is sought. Proceeds of Crime Act 1987 (Aust), s 44(5)-(9) 44: Restraining orders where defendant not charged with or convicted of offence 1: Where an application is made for a restraining order and the defendant has not been convicted of the offence to which the application relates, the Court shall not make a restraining order unless the Court is satisfied that there are reasonable grounds for believing that the defendant committed the offence. 2: Where an application is made for a restraining order and the defendant has not been charged with the offence to which the application relates, the Court shall not make a restraining order unless it is satisfied that the defendant will be charged with the offence or a related offence within 48 hours of the making of the order. Proceeds of Crime Act 1987 (Aust), s 44(3), (4) 45: Undertakings as to damages or costs 1: For the purposes of an application under section 39 a: The Solicitor-General may, on behalf of the Crown, give to the Court such undertakings with respect to the payment of damages or costs, or both, in relation to the making or operation of the restraining order as are required by the Court; and b: The Court may decline to make a restraining order if the Crown fails to give to the Court such undertakings with respect to the payment of damages or costs, or both, as the Court considers appropriate. 2: Any money payable by the Crown in satisfaction of any undertaking given under subsection (1) Proceeds of Crime Act 1987 (Aust), s 44(10), (11) 46: Notice of restraining orders Where a restraining order is made against a person's property, the applicant shall serve notice of the order on that person. Proceeds of Crime Act 1987 (Aust), s 47 Further orders 47: Further orders 1: Where the Court makes a restraining order against any property, the Court may, at the time it makes the order or at any later time, make such ancillary orders in relation to the property as the Court considers appropriate. 2: Without limiting the generality of subsection (1) a: An order varying the property to which the restraining order relates: b: An order varying any condition to which the restraining order is subject: c: An order for the examination of— i: Any person whose property is subject to the restraining order; or ii: Any other person,— before the Court or the Registrar of the Court concerning the nature and location of any property to which the restraining order relates: d: An order with respect to the carrying out of any undertaking given by the Crown under section 45 e: Where the restraining order directs the Official Assignee to take custody and control of property,— i: An order regulating the manner in which the Official Assignee may exercise his or her powers or perform his or her duties under the restraining order: ii: An order determining any question relating to the property, including any question relating to the liabilities of the owner of the property or the exercise of the powers, or the performance of the duties, of the Official Assignee: iii: An order for the examination, before the Official Assignee, of any person whose property is subject to the restraining order, or any other person, concerning the nature and location of the property: iv: An order directing the owner of the property to furnish to the Official Assignee, within the time specified in the order, a statement on oath setting out such particulars of the property of that person as the Court thinks fit. 3: An order under subsection (1) a: The Solicitor-General; or b: The person whose property is subject to the restraining order; or c: Where the restraining order directs the Official Assignee to take custody and control of property, the Official Assignee; or d: With the leave of the Court, any other person. 4: A person who makes an application under subsection (3) 5: No person shall be excused from answering any question, or furnishing any information, when required to do so pursuant to an order made pursuant to paragraph (c) (e)(iii) (e)(iv) 6: Every examination by the Official Assignee pursuant to an order made pursuant to subsection (2)(e)(iii) section 108 Crimes Act 1961 Proceeds of Crime Act 1987 (Aust), ss 48(1), (2), 58(1) 48: Application for exclusion of interest from restraining order Where a person having an interest in property that is subject to a restraining order applies to the Court under section 47 a: Where the applicant is not the defendant, and the restraining order was made pursuant to section 43(3) i: The interest is not tainted property; and ii: Either— A: The applicant's interest in the property is not subject to the effective control of the defendant; or B: A pecuniary penalty order cannot be made against the defendant: b: In any other case where the applicant is not the defendant, the Court is satisfied that the interest is not tainted property: c: Where the applicant is the defendant, the Court is satisfied that— i: The interest is not tainted property; and ii: A pecuniary penalty order cannot be made against the defendant: d: In any case, the Court is satisfied that it is in the public interest to do so, having regard to all the circumstances, including,— i: Any hardship that is reasonably likely to be caused to any person if the interest remains subject to the restraining order: ii: The gravity of the offence: iii: The likelihood that the interest will be subject to a forfeiture order or be required to satisfy a pecuniary penalty order. Proceeds of Crime Act 1987 (Aust), s 48(3) 49: Admissibility of evidence Where— a: Any person is examined before the Court, or a Registrar of the Court, or the Official Assignee, pursuant to an order made pursuant to paragraph (c) (e)(iii) b: Any person is required, pursuant to an order made pursuant to section 47(2)(e)(iv) no statement or disclosure made by the person in answer to a question put in the course of the examination (where paragraph (a) paragraph (b) c: A proceeding for giving false evidence in the course of the examination or, as the case may require, for making any false statement in any statement so furnished; or d: Proceedings on an application for a restraining order, a forfeiture order, or a pecuniary penalty order. Proceeds of Crime Act 1987 (Aust), s 48(6) Operation of restraining orders 50: Powers of Official Assignee Where the Official Assignee is given a direction under section 42(1)(b) a: Taking, or becoming a party to, any civil proceedings affecting the property; and b: Ensuring that the property is insured; and c: If the property consists, in whole or in part, of securities or investments, realising or otherwise dealing with the securities or investments; and d: If the property consists, in whole or in part, of a business, doing anything that is necessary or convenient for carrying on the business. Proceeds of Crime Act 1987 (Aust), s 43(6) 51: Official Assignee to discharge pecuniary penalty order 1: Where— a: A pecuniary penalty order is made against a person (in this subsection referred to as the defendant b: Either— i: At the time when the pecuniary penalty order is made, the Official Assignee has custody and control of property under a restraining order made, in relation to the offence or a related offence, against— A: Property of the defendant; or B: Property of another person in relation to which an order under section 29(3) ii: A restraining order is subsequently made against— A: Property of the defendant; or B: Property of another person in relation to which an order under section 29(3) in relation to the offence, and that restraining order includes a direction that the Official Assignee take custody and control of the property,— the Court making the pecuniary penalty order or, as the case may be, the restraining order may include in that order a direction that the Official Assignee pay to the Crown, out of such of that property as the Court specifies, in accordance with this section, an amount equal to the amount payable under the pecuniary penalty order. 2: Subject to section 60 subsection (1) a: If the property is money,— i: Apply the money in payment of the costs recoverable by the Official Assignee under section 63 ii: Subject to subsection (4) b: If the property is not money,— i: Sell or otherwise dispose of the property; and ii: Apply the proceeds of the sale or disposition in payment of the costs recoverable by the Official Assignee under section 63 iii: Subject to subsection (4) 3: Notwithstanding anything in subsection (2) paragraph (a)(i) (b)(ii) 4: Where the money or proceeds referred to in paragraph (a)(ii) (b)(iii) section 63 5: For the purposes of this section, expiry of the relevant appeal period a: The end of the appeal period in relation to the making of the pecuniary penalty order; or b: The end of the appeal period in relation to the person's conviction on which the order is based,— whichever is the later. 6: For the purposes of this section, appeal period a: When the time for bringing an appeal against the decision of the Court expires, if no such appeal has been brought; or b: If an appeal against the decision of the Court has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first. Proceeds of Crime Act 1987 (Aust), s 49(1), (2), (6), (7), (9)-(11) 52: Further provisions relating to discharge of pecuniary penalty order 1: For the purposes of enabling the Official Assignee to comply with a direction by a Court under section 51(1) 2: The execution of the deed or instrument by the person so appointed has the same force and validity as if the deed or instrument had been executed by the person who owned or had the estate, interest, or right in the property. Proceeds of Crime Act 1987 (Aust), s 49(3), (4) 53: Payment to Crown discharges pecuniary penalty order 1: Where the Official Assignee, in accordance with a direction under section 51(1) 2: Where— a: A pecuniary penalty order is made against a person in reliance on that person's conviction of a serious offence; and b: A restraining order, in relation to that offence or a related offence, is or has been made against property of that person, or against property of another person in relation to which an order under section 29(3) any amount applied under paragraph (a)(i) (b)(ii) section 63 subsection (1) Proceeds of Crime Act 1987 (Aust), s 49(8) 54: Official Assignee to discharge forfeiture order 1: Where— a: A Court makes a forfeiture order against any property; and b: At the time when the forfeiture order is made, the Official Assignee has custody and control of that property under a restraining order,— the Minister may direct the Official Assignee— c: To retain the property until the expiry of the relevant appeal period referred to in section 16 d: On the expiry of that relevant appeal period,— i: If the property is money, to apply the money in payment of the costs recoverable by the Official Assignee under section 63 ii: If the property is not money,— A: To sell or otherwise dispose of the property; and B: To apply the proceeds of the sale or disposition in payment of the costs recoverable by the Official Assignee under section 63 e: To pay the remainder of the money or proceeds to the Crown. 2: Any direction given under subsection (1) sections 17 to 23 3: Nothing in this section limits the power of the Minister to give directions under section 16(4) 55: Charge on property subject to restraining order 1: Where— a: A pecuniary penalty order is made against a person in reliance on the person's conviction of a serious offence; and b: A restraining order, in relation to the offence or a related offence, is or has been made against— i: Property of the defendant; or ii: Property of another person in relation to which an order under section 29(3) then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the amount payable under the pecuniary penalty order. 2: Where a charge is created by subsection (1) a: Upon the quashing of the conviction in reliance on which the pecuniary penalty order was made; or b: Upon payment to the Crown of the amount payable under the pecuniary penalty order, where that payment is made in satisfaction of that order; or c: Upon the discharge of the pecuniary penalty order or the restraining order by a Court hearing an appeal against the making of the order; or d: Upon the person becoming a bankrupt; or e: Upon the sale or disposition of the property,— i: Pursuant to an order under section 51 ii: By the owner of the property with the consent of the Court that made the pecuniary penalty order; or iii: If the Official Assignee was directed to take custody and control of the property, by the owner of the property with the consent of the Official Assignee; or f: Upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge,— whichever occurs first. 3: A charge created by subsection (1) a: Is subject to every encumbrance to which the property was subject immediately before the charge was created and that would, apart from this subsection, have priority over the charge; but b: Has priority over all other encumbrances, except where— i: By virtue of prior registration under the provisions of any enactment, another encumbrance is entitled to priority over the charge; and ii: The person claiming priority by virtue of that prior registration proves that at the time when that person acquired, or became entitled to, the benefit of the encumbrance under which that person claims, that person had no notice of the charge; and c: Subject to subsection (2) Proceeds of Crime Act 1987 (Aust), s 50(1)-(3) 56: Registration of charge created by restraining order 1: Where a charge is created by section 55 2: If the charge is registered under subsection (1) section 55(2)(f) Proceeds of Crime Act 1987 (Aust), s 50(4) 57: Registration of restraining orders 1: Where a restraining order applies to property of a particular kind, and the provisions of any New Zealand enactment provide for the registration of title to, or charges over, property of that kind, the authority responsible for administering those provisions shall, if requested to do so by the applicant for the restraining order, record on the register the particulars of the restraining order. 2: If the particulars are so recorded on the register, any person who subsequently deals with the property shall, for the purposes of section 58 Proceeds of Crime Act 1987 (Aust), s 51 58: Contravention of restraining orders 1: Every person commits an offence who, knowing that a restraining order has been made in respect of property, disposes or otherwise deals with the property in contravention of the order. 2: Every person who commits an offence against this section is liable on conviction on indictment,— a: In the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000: b: In the case of a body corporate, to a fine not exceeding $60,000. Proceeds of Crime Act 1987 (Aust), s 52 59: Disposition or dealing may be set aside 1: Where— a: A restraining order is made in respect of property; and b: The property is disposed of, or otherwise dealt with, in contravention of the order; and c: The disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,— the Solicitor-General may apply to the High Court for an order that the disposition or dealing be set aside. 2: On any application made under subsection (1) a: Setting the disposition or dealing aside as from the day on which the disposition or dealing took place; or b: Setting the disposition or dealing aside as from the day of the order, and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order. Proceeds of Crime Act 1987 (Aust), s 52(2), (3) 60: Bankruptcy 1: Where, after the Official Assignee has been directed by an order under section 51(1) section 13 a: Shall refrain from taking action to sell or dispose of the property pursuant to that direction; and b: Shall not pay the Crown any money pursuant to that direction,— until the petition has been withdrawn, or has been disposed of. 2: Where— a: Property of a person is in the custody and control of the Official Assignee in accordance with a restraining order; and b: The person becomes bankrupt,— the property shall cease to be in the custody and control of the Official Assignee under this Act and shall be deemed to be vested in the Assignee of the bankrupt's property under section 101 3: Notwithstanding anything in section 232(2) Proceeds of Crime Act 1987 (Aust), s 53 Section 60(1) amended 3 December 2007 section 445 Insolvency Act 2006 Section 60(2) amended 3 December 2007 section 445 Insolvency Act 2006 Section 60(3) amended 3 December 2007 section 445 Insolvency Act 2006 61: Official Assignee not liable for payment of rates, etc, on property subject to restraining order The Official Assignee is not personally liable for the payment of any rates, land tax, or other statutory charge imposed by or under any enactment in respect of property in the custody and control of the Official Assignee pursuant to a restraining order— a: Except where the rates, land tax, or statutory charge fall due on or after the date of the restraining order; and b: Where paragraph (a) section Proceeds of Crime Act 1987 (Aust), s 54(3) Paragraph (b) amended 26 September 1992 Proceeds of Crime Amendment Act 1992 by substituting the word section subsection 62: Indemnity for Official Assignee 1: The Official Assignee, and every person to whom the Official Assignee delegates any of the Official Assignee's functions, duties, and powers under this Act, shall be indemnified by the Crown in respect of any liability relating to the exercise or performance, or purported exercise or performance, or omission to exercise or perform, any function, duty, or power conferred or imposed on the Official Assignee by or under this Act, unless it is shown that the exercise or performance, or purported exercise or performance, or omission to exercise or perform, the function, duty, or power was in bad faith. 2: Any money required for the purposes of this section shall be paid out of the Crown Bank Account without further appropriation than this section. 3: The indemnity conferred by subsection (1) 1989 No 11 63 63: Costs recoverable by Official Assignee 1: Where the Official Assignee— a: Takes custody and control of property pursuant to a restraining order; and b: Complies with— i: Any direction given under section 51(1) ii: Any direction given pursuant to section 54 the Official Assignee shall be entitled to recover, in accordance with section 51(2) 54(1)(d) 2: For the purposes of subsection (1) a: Costs, charges, and expenses properly incurred or payable by or on behalf of the Official Assignee in connection with the exercise or performance, by the Official Assignee or any delegate of the Official Assignee, of functions, duties, or powers under this Act in respect of the property: b: Proper remuneration for work done by any person (being the Official Assignee or any delegate of the Official Assignee or any other member of the staff of the Official Assignee) in connection with the exercise or performance, by the Official Assignee or any delegate of the Official Assignee, of functions, duties, or powers under this Act in respect of the property. Proceeds of Crime Act 1987 (Aust), s 55 Subsection (2)(b) substituted 26 September 1992 Proceeds of Crime Amendment Act 1992 Revocation and termination of restraining orders 64: Revocation of restraining order 1: Where the High Court has made a restraining order against a person's property, the Court may, on application by that person, revoke the order if— a: The person gives to the Court satisfactory undertakings concerning the person's property; or b: Where the order was made in respect of that person's conviction of a serious offence or the alleged commission by that person of a serious offence, the person gives to the Court satisfactory security for the payment of any pecuniary penalty that may be imposed on the person under this Act in respect of the offence or a related serious offence. 2: A person who makes an application under subsection (1) Proceeds of Crime Act 1987 (Aust) ss 56, 58(2) 65: Duration and termination of restraining order 1: Subject to subsections (2) (3) 66 section 47 2: Where a restraining order is made in reliance on the proposed charging of a person with a serious offence, the order shall cease to be in force at the end of the period of 48 hours after the making of the order if the person has not been charged with the offence, or a related serious offence, before the period expires. 3: Where a restraining order is made— a: In reliance on a person's conviction of a serious offence or the charging of a person with such an offence; or b: In reliance on the proposed charging of a person with a serious offence and the person is, within the period of 48 hours after the making of that order, charged with the offence or a related serious offence,— the following provisions shall apply: c: If, before the order would otherwise expire under subsection (1) d: If, before the order would otherwise expire under subsection (1) e: If a Court makes a confiscation order in reliance on the person's conviction of the offence or a related serious offence, and the confiscation order is satisfied or otherwise ceases to be in force, the restraining order shall cease to be in force when that order is satisfied or otherwise ceases to be in force, unless, at that time,— i: An application for another confiscation order in respect of the person's conviction of the offence or a related serious offence awaits determination; or ii: Another confiscation order in respect of the person's conviction of the offence or a related serious offence is in force: f: If a Court refuses an application for a confiscation order made in reliance on the person's conviction of the offence or a related serious offence, the restraining order ceases to be in force when the Court refuses the application unless, at that time,— i: An application for another confiscation order in respect of the person's conviction of the offence or a related serious offence awaits determination; or ii: Another confiscation order in respect of the person's conviction of the offence or a related serious offence is in force: g: If, before the restraining order would otherwise expire under subsection (1) section 66 Proceeds of Crime Act 1987 (Aust), s 57(1), (2) 66: Extension of operation of restraining order 1: Where the High Court has made a restraining order against a person's property, the Solicitor-General may, before that order expires under section 65(1) 65(3)(g) 2: Where an application is made under subsection (1) a: That a forfeiture order will still be made in respect of the property or part of the property; or b: That a pecuniary penalty order will still be made against the person in respect of whose conviction or alleged commission of a serious offence the restraining order was made. 3: On making any order under subsection (2) 4: An applicant for an order under subsection (2) Proceeds of Crime Act 1987 (Aust), s 57(3), (4) Foreign restraining orders 66A: Interim restraining order in respect of foreign serious offence 1: Where the Solicitor-General is authorised, under section 60 Mutual Assistance Act 2: This Part of this Act (other than sections 43(1) 43(2) 44(2) 48 51 to 56 65 66 subsection (1) a: A reference in this Part of this Act to a serious offence shall be read as a reference to a foreign serious offence: b: A reference in this Part of this Act to a person being charged with a serious offence shall be read as a reference to the commencement in a foreign country of criminal proceedings alleging the commission of a foreign serious offence: c: The reference in section 42(2)(c) 3: Subject to subsections (4) (5) 4: Where the High Court makes a restraining order in respect of a foreign serious offence, the Court may, on application by the Solicitor-General before the end of the period referred to in subsection (3) 5: Where— a: A restraining order against property is made in respect of a foreign serious offence; and b: Before the end of the period referred to in subsection (3) subsection (4) Mutual Assistance Act the first-mentioned restraining order shall cease to be in force when the foreign restraining order is registered. 6: This section applies with any necessary modifications if a person or body is authorised, under section 112 International Crimes and International Criminal Court Act 2000 Proceeds of Crime Act 1987 (Aust), s 59 Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Subsection (6) inserted 1 July 2002 187(3) International Crimes and International Criminal Court Act 2000 See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 66B: Registered foreign restraining orders 1: Where a foreign restraining order is registered in New Zealand in accordance with section 56 or a restraining order is registered in accordance with section 112(2) International Crimes and International Criminal Court Act 2000 sections 47 55 64 65 66 a: A reference in this Part of this Act to a restraining order directing the Official Assignee to take custody and control of property shall be read as a reference to an order under section 66C b: A reference in this Part of this Act to an order under section 51(1) section 66E c: The reference in section 63 section 66C 2: A foreign restraining order registered in New Zealand under the Mutual Assistance Act Proceeds of Crime Act 1987 (Aust), ss 60, 65 Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Subsection (1) amended 1 July 2002 187(4) International Crimes and International Criminal Court Act 2000 or a restraining order is registered in accordance with section 112(2) of the International Crimes and International Criminal Court Act 2000, section 56 of the Mutual Assistance Act, See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 66C: Management of property under registered foreign restraining order 1: Where a foreign restraining order against property is registered in the High Court under the Mutual Assistance Act 2: Where an application is made for an order under subsection (1) a: The Solicitor-General shall give written notice of the application to— i: The owner of the property; and ii: Any other person that the Solicitor-General has reason to believe may have an interest in the property; and iii: The Official Assignee; and b: The Court may, at any time before the final determination of the application, direct the Solicitor-General to give or publish notice of the application to a specified person or class of persons, in such manner and within such time as the Court thinks fit; and c: The owner of the property and any other person who claims an interest in the property are entitled to appear and to adduce evidence at the hearing of the application. 3: Where an order is made under subsection (1) 4: Where an order is made under subsection (1) a: An order regulating the manner in which the Official Assignee may exercise his or her powers or perform his or her duties pursuant to the order under subsection (1) b: An order determining any question relating to the property, including any question relating to— i: The liabilities of the owner of the property; or ii: The exercise of the powers, or the performance of the duties, of the Official Assignee pursuant to the order under subsection (1) c: An order for the examination, before the Court, or the Registrar of the Court, or the Official Assignee, of any person whose property is subject to the order under subsection (1) d: An order directing the owner of the property to furnish to the Official Assignee, within the time specified in the order, a statement on oath, setting out such particulars of the property of that person as the Court thinks fit. 5: Where the Official Assignee is given a direction under subsection (1) a: Taking, or becoming a party to, any civil proceedings affecting the property; and b: Ensuring that the property is insured; and c: If the property consists, in whole or in part, of securities or investments, realising or otherwise dealing with the securities or investments; and d: If the property consists, in whole or in part, of a business, doing anything that is necessary or convenient for carrying on the business. 6: Where the High Court makes an order under paragraph (c) (d) subsections (5) (6) section 49 a: In the case of an order made under subsection (4)(c) section 47(2)(e)(iii) b: In the case of an order made under subsection (4)(d) section 47(2)(e)(iv) Proceeds of Crime Act 1987 (Aust), s 61 Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 66D: Undertakings as to damages or costs in relation to foreign restraining order 1: Where— a: A foreign restraining order against property is registered in the High Court in New Zealand under the Mutual Assistance Act b: The High Court makes an order under section 66C the Court may, on application by a person claiming an interest in the property, make an order requiring the Solicitor-General, on behalf of the Crown, to give or carry out an undertaking with respect to the payment of damages or costs, or both, in relation to the registration, making, or operation of the order. 2: Any money payable by the Crown in satisfaction of any undertaking given under subsection (1) Proceeds of Crime Act 1987 (Aust), s 62 Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 66E: Official Assignee to discharge foreign pecuniary penalty order 1: Where— a: A foreign restraining order made against property of a person in reliance on the person's conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act b: A foreign pecuniary penalty order made in reliance on the person's conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act c: An order has been made or is made under section 66C the High Court may, by order, direct the Official Assignee to pay to the Crown out of that property, in accordance with this section, an amount equal to the amount payable under that pecuniary penalty order. 2: For the purposes of enabling the Official Assignee to comply with an order under subsection (1) a: Direct the Official Assignee to sell or otherwise dispose of such of the property under the Official Assignee's control as the Court specifies; and b: Appoint an officer of the Court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, interest, or right in the property and to do anything necessary to give validity and operation to the deed or instrument. 3: The execution of the deed or instrument by the person so appointed has the same force and validity as if the deed or instrument had been executed by the person who owned or had the estate, interest, or right in the property. 4: Subject to section 60 subsection (1) a: If the property is money,— i: Apply the money in payment of the costs recoverable by the Official Assignee under section 63 section 66C ii: Subject to subsection (5) b: If the property is not money,— i: Sell or otherwise dispose of the property; and ii: Apply the proceeds of the sale or disposition in payment of the costs recoverable by the Official Assignee under section 63 section 66C iii: Subject to subsection (5) 5: Notwithstanding anything in subsection (4) paragraph (a)(i) (b)(ii) 6: Where the money or proceeds referred to in paragraph (a)(ii) (b)(iii) section 63 section 66C Proceeds of Crime Act 1987 (Aust), s 63(1)-(5) Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 66F: Payment to Crown discharges foreign pecuniary penalty order 1: Where the Official Assignee, in accordance with a direction under section 66E(1) 2: Where— a: A foreign restraining order made against property of a person in reliance on the person's conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act b: A foreign pecuniary penalty order made in reliance on the person's conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act c: An order has been made or is made under section 66C any amount applied under paragraph (a)(i) (b)(ii) section 63 section 66C subsection (1) Proceeds of Crime Act 1987 (Aust), s 63(6) Section 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 66G: Charge on property subject to foreign restraining order 1: Where— a: A foreign restraining order made against property of a person in reliance on the person's conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act b: A foreign pecuniary penalty order made in reliance on the person's conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act then, upon the registration of the foreign restraining order or the foreign pecuniary penalty order, whichever last occurs, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the amount payable under the foreign pecuniary penalty order. 2: Where a charge is created by subsection (1) a: Upon payment to the Crown of the amount payable under the foreign pecuniary penalty order, where that payment is made in satisfaction of that order; or b: Upon the person becoming bankrupt; or c: Upon the sale or disposition of the property,— i: Pursuant to an order under section 66E ii: By the owner of the property with the consent of the High Court; or iii: If the Official Assignee was directed to take custody and control of the property pursuant to an order under section 66C d: Upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge; or e: Upon the cancellation of the registration of either the foreign pecuniary penalty order or the foreign restraining order, in accordance with the Mutual Assistance Act whichever occurs first. 3: A charge created by subsection (1) a: Is subject to every encumbrance to which the property was subject immediately before the charge was created and that would, apart from this subsection, have priority over the charge; but b: Has priority over all other encumbrances, except where— i: By virtue of prior registration under the provisions of any enactment, another encumbrance is entitled to priority over the charge; and ii: The person claiming priority by virtue of that prior registration proves that at the time when that person acquired, or became entitled to, the benefit of the encumbrance under which that person claims, that person had no notice of the charge; and c: Subject to subsection (2) Proceeds of Crime Act 1987 (Aust), s 64(1)-(3) Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 66H: Registration of charge created by foreign restraining order 1: Where a charge is created by section 66G 2: If the charge is registered under subsection (1) section 66G(2)(d) Proceeds of Crime Act 1987 (Aust), s 64(4) Sections 66A to 66H inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 5: Information gathering powers Interpretation 67: Interpretation In this Part of this Act, unless the context otherwise requires,— Bankers' books Property-tracking document a: A document relevant to identifying, locating, or quantifying property of a person who committed the offence; or b: A document relevant to identifying, locating, or quantifying tainted property in relation to the offence. Production orders 68: Application for production order 1: A commissioned officer of police may apply to a Judge of the High Court for a production order under section 69 a: one of the following situations exists: i: a person has been convicted of a drug-dealing offence: ii: the officer has reasonable grounds for believing that a person has committed a drug-dealing offence: iii: a person has been convicted of a serious offence, and there are reasonable grounds to suspect that it is an offence to which subsection (1A) iv: the officer has reasonable grounds for believing that a person has committed a serious offence to which subsection (1A) b: the officer has reasonable grounds for believing that a person has possession or control of one or more property-tracking documents in relation to the offence. 1A: This section applies to a serious offence if it is transnational in nature (as defined in articles 3(2) and 18(1) of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000) and involves an organised criminal group (as defined in article 2(a) of that convention). 2: Every application under this section shall be made in writing and on oath, and shall contain the following particulars: a: The grounds on which the application is made: b: A description of the document or documents production of which is sought: c: A description of the property or type of property to which the document or documents are believed to relate: d: The reasons why it is considered necessary to obtain a production order in relation to the identification, location, or quantification of that property. Proceeds of Crime Act 1987 (Aust), s 66(1) Subsection (1) substituted 18 June 2002 3 Proceeds of Crime Amendment Act 2002 Subsection (1A) inserted 18 June 2002 3 Proceeds of Crime Amendment Act 2002 69: Court may make production order 1: Where an application is made under section 68 subsection (4) sections 73 74 a: Produce to a Police employee section 68(1)(b) b: Make available to a Police employee if the Judge is satisfied that there are reasonable grounds for making the order. 2: A Judge shall not make an order under subsection (1) 3: Where, on an application under section 68 a: The person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence; and b: Property specified in the application is subject to the effective control of that person,— the Judge may, having regard to the matters referred to in section 29(2) 4: An order under subsection (1)(a) Proceeds of Crime Act 1987 (Aust), s 66(2)-(6) Section 69(1)(a) amended 1 October 2008 section 130(1) Policing Act 2008 Section 69(1)(b) amended 1 October 2008 section 130(1) Policing Act 2008 Subsection (1)(a) amended 26 September 1992 Proceeds of Crime Amendment Act 1992 by substituting the expression section 68(1)(b) section 69(1)(b) 70: Time and place of production A production order requiring a person to produce or make available any document to a Police employee a: Shall specify when the document is to be produced or made available: b: May specify— i: The place where the document is to be produced or made available: ii: The Police employee Proceeds of Crime Act 1987 (Aust), s 66(7), (8) Section 70 amended 1 October 2008 section 130(1) Policing Act 2008 Section 70(b)(ii) amended 1 October 2008 section 130(1) Policing Act 2008 71: Powers and duties of Police employees 1: A Police employee section 69 a: Inspect the document: b: Take extracts from the document: c: Make copies of the document: d: In the case of an order under subsection (1)(a) 2: Where a Police employee Police employee a: Give the person a copy of the document certified by the Police employee b: Permit the person to inspect, take extracts from, and make copies of, the document. Proceeds of Crime Act 1987 (Aust), s 66(9)-(11) Section 71 heading amended 1 October 2008 section 130(1) Policing Act 2008 Section 71(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 71(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 71(2)(a) amended 1 October 2008 section 130(1) Policing Act 2008 72: Production order to operate notwithstanding any other enactment or rule of law 1: Subject to sections 73 74 section 69 section 69 2: Subject to sections 73 74 a: On the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or b: On the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a Court. 3: Where a person produces or makes available a document pursuant to a production order, neither the production or making available of the document, nor any information, document, or thing obtained as a consequence of the production or making available of the document, is admissible against that person in any criminal proceedings except for an offence against section 76 4: For the purposes of subsection (3) Proceeds of Crime Act 1987 (Aust), s 66(12)-(14) 73: Production order not to override certain enactments Nothing in section 69 72 a: Sections 82 to 88 Tax Administration Act 1994 b: Section 37 Statistics Act 1975 c: Section 105 Reserve Bank of New Zealand Act 1989 Paragraph (a) substituted 1 April 1995 Income Tax Act 1994 74: Legal professional privilege 1: Nothing in section 69 72 2: For the purposes of this section, a communication is a privileged communication only if— a: It is a confidential communication, whether oral or written, passing between— i: A legal practitioner in his or her professional capacity and another legal practitioner in such capacity; or ii: A legal practitioner in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent of either; and b: It is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and c: It is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act. 3: Where the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified person (whether a legal practitioner, his or her client, or any other person), it shall not be a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared or kept by the legal practitioner in connection with a trust account of the legal practitioner within the meaning of section 6 4: Where any person refuses to disclose any information or document on the ground that it is a privileged communication under this section, the Commissioner of Police or that person may apply to a Judge of the High Court for an order determining whether or not the claim of privilege is valid; and, for the purposes of determining any such application, the Judge may require the information or document to be produced to him or her. 5: For the purposes of this section, the term legal practitioner Lawyers and Conveyancers Act 2006 1990 No 51 24 Section 74(3) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 74(5) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 75: Variation of production orders 1: Where a Judge of the High Court makes an order under section 69(1)(a) 2: Where, on hearing any application made under subsection (1) section 69(1)(b) Proceeds of Crime Act 1987 (Aust), s 67 76: Failure to comply with production order 1: Every person commits an offence against this section who, being a person against whom a production order is made,— a: Fails, without reasonable excuse, to comply with the order; or b: In purported compliance with the order, produces or makes available to a member of the Police a document which the person knows is false or misleading in a material particular, where that person fails to indicate to the member of the Police the respect in which the document is false or misleading. 2: Every person who commits an offence against this section is liable on summary conviction,— a: In the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000: b: In the case of a body corporate, to a fine not exceeding $20,000. Proceeds of Crime Act 1987 (Aust), s 68 76A: Production orders in relation to foreign serious offences 1: Where a commissioned officer of the Police is authorised, under section 61 Mutual Assistance Act serious sections 68 to 76 2: Where a member of the Police takes possession of a document pursuant to a production order made in respect of a foreign serious offence, the document may be retained for a period not exceeding 1 month pending a written direction from the Attorney-General as to the manner in which it is to be dealt with, and, if any such direction is given, shall be dealt with in accordance with the direction. 3: This section applies with any necessary modifications if a person or body is authorised, under section 112 International Crimes and International Criminal Court Act 2000 Proceeds of Crime Act 1987 (Aust), s 69 Section 76A inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Subsection (1) amended 18 June 2002 4 Proceeds of Crime Amendment Act 2002 by substituting the word serious drug-dealing Subsection (3) inserted 1 July 2002 187(5) International Crimes and International Criminal Court Act 2000 See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 Monitoring orders 77: Monitoring orders 1: A Judge of the High Court may, on the application of a commissioned officer of the Police, make an order directing a financial institution to supply to the Commissioner of Police information obtained by the institution about transactions conducted through an account held by a particular person with the institution. 2: A Judge may make a monitoring order only if the Judge is satisfied that there are reasonable grounds for believing that the person in respect of whom the order is sought— a: Has committed, or is about to commit, a drug-dealing offence; or b: Has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a drug-dealing offence. 3: Every monitoring order shall specify— a: The name or names in which the account is believed to be held; and b: The class of information that the institution is required to supply; and c: The manner in which the information is to be supplied; and d: The period for which the order is to be in force. 4: A monitoring order shall apply in relation to transactions conducted during the period specified in the order (being a period commencing not earlier than the day on which notice of the order is given to the financial institution and ending not later than 3 months after the day of the order). 5: A reference in this section to a transaction conducted through an account includes a transaction through the facility of a safety deposit box. Proceeds of Crime Act 1987 (Aust), s 73(1)-(6), (8) 78: Failure to comply with monitoring order Every financial institution commits an offence and is liable on summary conviction to a fine not exceeding $20,000 if, where that financial institution has been given notice of a monitoring order, that financial institution— a: Fails, without reasonable excuse, to comply with the order; or b: Knowingly supplies information that is false or misleading in purported compliance with the order. Proceeds of Crime Act 1987 (Aust) s 73(7) 79: Compliance with monitoring order not actionable 1: No proceedings, civil or criminal, shall lie against any financial institution or any other person by reason of that financial institution's or that person's compliance with a monitoring order. 2: Nothing in subsection (1) section 78 80: Monitoring order not to be disclosed 1: A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person except— a: The Commissioner of Police or a member of the Police who is authorised by the Commissioner to receive the information; or b: An officer or agent of the institution, for the purpose of ensuring compliance with the order; or c: A barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the order. 2: No person referred to in paragraph (a) 3: No person referred to in paragraph (b) 4: No person referred to in paragraph (c) 5: Nothing in subsections (1) to (4) Proceeds of Crime Act 1987 (Aust), s 74(1)-(4) 81: Offence to disclose existence or operation of monitoring order Every person who knowingly contravenes any of subsections (1) to (4) a: In the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000: b: In the case of a body corporate, to a fine not exceeding $20,000. 81A: Monitoring orders in relation to foreign offences 1: Where a commissioned officer of the Police is authorised, under section 62 Mutual Assistance Act sections 77 to 81 2: Where information is supplied to the Commissioner of Police pursuant to a monitoring order made in relation to a foreign drug-dealing offence, the Commissioner shall, as soon as practicable after receiving the information, pass the information on to the Attorney-General. 3: This section applies with any necessary modifications if a member of the police is authorised, under section 112 International Crimes and International Criminal Court Act 2000 Proceeds of Crime Act 1987 (Aust), s 75 Section 81A inserted 1 April 1993 Proceeds of Crime Amendment Act 1992 Subsection (3) inserted 1 July 2002 187(6) International Crimes and International Criminal Court Act 2000 See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 6: Miscellaneous provisions Appeals 82: Appeals 1: In this section, relevant conviction section 29(3) 2: A person who has an interest in property against which a forfeiture order is made may appeal against that order as if the order were a sentence imposed on the person in respect of the relevant conviction. 3: A person against whom a pecuniary penalty order is made may appeal against that order as if the order were a sentence imposed on the person in respect of the relevant conviction. 4: Where a Court makes a pecuniary penalty order and makes an order under section 29(3) section 29(3) 5: The Solicitor-General may appeal against a forfeiture order, a pecuniary penalty order, or an order under section 29(3) 6: Where an application is made to a Court for an order under section 18 a: In the case of an appeal by the applicant, on the applicant in respect of the conviction in respect of which a forfeiture order is sought or has been made: b: In the case of an appeal by the Solicitor-General, in respect of the conviction in respect of which a forfeiture order is sought or has been made. Proceeds of Crime Act 1987 (Aust), s 100 83: Procedure on appeal 1: An appeal under section 82 Part 13 Crimes Act 1961 section 383 2: On any appeal under section 82 Miscellaneous provisions 84: Dealings with forfeited property 1: Every person commits an offence against this section who, knowing that a forfeiture order has been made in respect of any property (being property title to which is passed by registration on a register maintained pursuant to any New Zealand enactment), and knowing that the forfeiture order remains in force, disposes of or otherwise deals with the property before the Crown's interest in the property has been registered in the manner required by law. 2: Every person who commits an offence against this section is liable on conviction on indictment,— a: In the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000: b: In the case of a body corporate, to a fine not exceeding $60,000. Proceeds of Crime Act 1987 (Aust), s 97 85: Standard of proof Subject to section 13 Proceeds of Crime Act 1987 (Aust), s 99 86: Delegation by Official Assignee 1: The Official Assignee may from time to time delegate to any person or persons (being the Deputy Official Assignee for New Zealand or any Official Assignee or Deputy Assignee appointed under the State Sector Act 1988 2: Every delegation under this section shall be in writing. 3: No delegation under this section (other than a delegation to the Deputy Official Assignee) shall include the power to delegate under this section. 4: The power of the Official Assignee to delegate under this section does not limit any power of delegation conferred on the Official Assignee by any other Act. 5: Subject to any general or special directions given or conditions imposed by the Official Assignee, a person to whom any functions, duties, or powers are delegated under this section may exercise or perform any functions, duties, or powers so delegated to that person in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this section and not by delegation. 6: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 7: Any delegation under this section may be made— a: Subject to such restrictions and conditions as the Official Assignee thinks fit: b: Either generally or in relation to any particular case or class of cases. 8: No delegation under this section shall affect or prevent the exercise or performance of any function, duty, or power by the Official Assignee, nor shall any such delegation affect the responsibility of the Official Assignee for the actions of any person acting under the delegation. 9: Any person purporting to exercise or perform any function, duty, or power of the Official Assignee by virtue of a delegation under this section shall, when required to do so, produce evidence of that person's authority to exercise or perform the function, duty, or power. 87: Revocation of delegations 1: Every delegation under section 86 2: Any such delegation, until it is revoked, shall continue in force according to its tenor, even though the Official Assignee by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Official Assignee. 88: Costs Where— a: A person brings or appears in proceedings under this Act in order— i: To prevent a forfeiture order or restraining order being made against property of the person; or ii: To have property of the person excluded from a forfeiture order or restraining order; and b: The person is successful in the proceedings; and c: The Court is satisfied that the person was not involved in the commission of the offence in respect of which the order was sought or made,— the Court may order the Crown to pay all the costs incurred by the person in connection with the proceedings or such part of those costs as the Court thinks fit. Proceeds of Crime Act 1987 (Aust), s 101 89: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: Prescribing the forms of applications, notices, and other documents for the purposes of this Act, and requiring the use of such forms: b: Prescribing the procedure for the service of notices and other documents for the purposes of this Act, and providing for service to be dispensed with in such circumstances as are specified in the regulations: c: Prescribing or providing for the costs recoverable by the Official Assignee under section 63 d: Providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration. 90: Rules of procedure The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of Courts in proceedings under this Act. 91: Operation of other laws not affected Nothing in this Act limits or restricts the operation of any other enactment providing for the forfeiture of property or the imposition of a pecuniary penalty. 92: Summary Proceedings Act 1957 Part 2 Summary Proceedings Act 1957 Post Office Act 1959 section 237(2) of that Act The Proceeds of Crime Act 1991 58 Contravention of restraining orders 84 Dealings with forfeited property.

DLM250124

1991

National Provident Fund Restructuring Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the National Provident Fund Restructuring Amendment Act 1991, and shall be read together with and deemed part of the National Provident Fund Restructuring Act 1990 2: Except as provided in subsections (3) (4) 3: Sections 6(2) 7 9 10 12 4: Sections 3 4 8(1) 13 1: Amendments to principal Act 2: 3: 4: 5: 6: 7: 8: Investments of existing schemes 1: This subsection substituted section 53 2: Subsection (2) subsection (1) 3: The Board is hereby authorised to amend the trust deed for any existing scheme for the purpose of ensuring that it is consistent with section 53 subsection (1) 4: Nothing in the trust deed for an existing scheme or the Superannuation Schemes Act 1989 subsection (3) 9: 10: Section 10 repealed 7 September 1990 7(3) National Provident Fund Restructuring Amendment Act 1992 11: 12: 13: 14: Amendments to Schedule 5 1: This subsection amended Schedule 5 2: This subsection amended Schedule 5 3: This subsection amended Schedule 5 4: This subsection amended Schedule 5 5: The Board is hereby authorised to amend the trust deeds for the DBP annuitants scheme and the DBP contributors scheme for the purpose of giving effect to the amendments to Schedule 5 6: Nothing in the trust deed for the DBP annuitants scheme or the DBP contributors scheme or the Superannuation Schemes Act 1989 subsection (5) 2: Amendments to existing schemes and validations 15: Board authorised to amend trust deeds for certain existing schemes 1: Notwithstanding anything contained in the principal Act or any other Act or rule of law or the provisions of the trust deeds for the schemes,— a: The Board is hereby authorised to make such amendments to the trust deeds for the Meat Industry Scheme and the Meat Industry-Related Trades Scheme as are necessary to empower the Board to— i: Pay to any member who becomes redundant the amount standing to the total credit of the account of the member in the scheme in respect of contributions of the member and his or her employer plus earnings to a date that is not later than the date of payment at a rate determined by the Board, irrespective of the length of time that that person has been a member of the scheme: ii: Include in any amount paid to a member who withdraws from the scheme earnings on the amount withdrawn to a date that is not later than the date of payment at a rate determined by the Board: iii: Include in any amount transferred to another superannuation scheme on account of a member of the scheme earnings on the amount transferred to a date that is not later than the date of transfer at a rate determined by the Board: b: The Board is hereby authorised to make such amendments to the trust deed for the Pension National Scheme as are necessary— i: To empower the Board to pay to any member who becomes redundant a benefit not exceeding the amount standing to the total credit of the member in the scheme: ii: In the event of a member electing to leave his or her total credit in the scheme on ceasing to be engaged by an employer, to authorise the full total credit of the member to be left in the scheme and attract interest in accordance with the provisions of the scheme until a benefit becomes payable under the terms of the scheme. 2: No amendment may be made by the Board under subsection (1) of this section unless has 3: Where the Board amends the trust deed for such a scheme in accordance with this section— a: The trust deed shall be deemed to have been amended on the date on which it was executed; and b: The terms and conditions of the scheme as it existed on the 1st day of June 1981 shall be deemed to have been amended to the same effect on the 1st day of June 1981— and any payments made by the Board and any action taken by the Board in accordance with the trust deed or the terms and conditions of the scheme as so deemed to have been amended shall be deemed to be and always to have been valid. 4: Without limiting subsection (3) Section 15(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 16: Validation in relation to old public schemes Where the Board has prepared and executed a trust deed for an old public scheme in accordance with Part 4

DLM248760

1991

New Zealand Planning Council Dissolution Act 1991

1: Short Title and commencement 1: This Act may be cited as the New Zealand Planning Council Dissolution Act 1991. 2: This Act shall come into force on a day to be appointed by the Governor-General by Order in Council. Section 1(2) brought into force 1 December 1991 New Zealand Planning Council Dissolution Act Commencement Order 1991 2: Interpretation In this Act, unless the context otherwise requires, Council New Zealand Planning Act 1982 3: Dissolution of Council As from the commencement of this Act,— a: the Council shall be dissolved; and b: all real and personal property of the Council and all rights and liabilities of the Council shall vest in the Crown; and c: all proceedings pending by or against the Council may be carried on, completed, or enforced by or against the Crown. 4: Vacation of office by members of Council 1: Every person who, immediately before the commencement of this Act, holds office as a member of the Council shall be deemed, as from the commencement of this Act, to have vacated that office. 2: No person who, under subsection (1), is deemed to have vacated office as a member of the Council shall be entitled to compensation for loss of office as a member of the Council. 5: Final report of Council 1: As soon as reasonably practicable after the commencement of this Act, the Secretary to the Treasury shall arrange for a final report of the Council to be sent to the Minister of Finance showing the Council's operations for the period beginning with 1 July immediately preceding the commencement of this Act and ending with the commencement of this Act, and shall attach to the report a copy of the Council's accounts for that period certified by the Audit Office. 2: A copy of the report and accounts shall be laid before the House of Representatives as soon as practicable after their receipt by the Minister of Finance. 6: Prohibition on registration of name 1: No person or other body shall, for a period of 5 years after the commencement of this Act, be incorporated or registered under any Act or otherwise under the name New Zealand Planning Council section 2 2: No person shall, either solely or with any other person, for a period of 5 years after the commencement of this Act, trade or carry on business under the name New Zealand Planning Council 3: Every person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $5,000. 4: Notwithstanding subsections (2) and (3), no company or other body incorporated or registered before 1 December 1977, being the date of the commencement of the New Zealand Planning Act 1977 7: Amendment to Public Bodies Contracts Act 1959 Amendment(s) incorporated in the Act(s) 8: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 9: Repeals As from the commencement of this Act, the enactments specified in the Schedule

DLM229576

1991

Queen Elizabeth the Second National Trust Amendment Act 1991

1: Short Title This Act may be cited as the Queen Elizabeth the Second National Trust Amendment Act 1991, and shall be read together with and deemed part of the Queen Elizabeth the Second National Trust Act 1977 2: 3: Directors of Trust 1: This subsection substituted section 4 2: Notwithstanding anything in subsection (1) section 6 section 2 of the Queen Elizabeth the Second National Trust Amendment Act 1983 a: The person who, immediately before the commencement of this Act, held office as a director of the Trust under section 4(1)(a) subsection (1) b: The persons who, immediately before the commencement of this Act, held office under any of paragraphs (b) to (f) section 2(2) Queen Elizabeth the Second National Trust Amendment Act 1988 section 4(1)(a) c: The persons who, immediately before the commencement of this Act, held office under section 4(1)(g) 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: Repeals The following enactments are hereby consequentially repealed: a: Section 3 of the Queen Elizabeth the Second National Trust Amendment Act 1983 b: c: So much of Part A of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 d: Sections 2(1) 3(1) Queen Elizabeth the Second National Trust Amendment Act 1988

DLM230232

1991

District Courts Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the District Courts Amendment Act 1991, and shall be read together with and deemed part of the District Courts Act 1947 2: Except as provided in sections 2(7) 6(2) 7(3) 8(2) 9(2) 10(2) 11(3) 12(3) 13(4) 14(2) 15(2) 16(2) 17(2) 19(3) 21(2) 22(3) 24(2) 2: 3: Section 3 repealed 1 July 1995 10(2) Department of Justice (Restructuring) Act 1995 4: 5: 6: 7: Extending jurisdiction in actions for recovery of land 1: a: This paragraph amended section 31(1) b: This paragraph amended section 31(1) 2: Section 3 of the District Courts Amendment Act 1989 3: This section shall come into force on the 1st day of July 1992. 8: 9: Section 9 repealed 1 July 1992 District Courts Amendment Act (No 2) 1992 10: 11: New sections substituted 1: This subsection substituted new sections, and the heading thereto, for ss 42 43 2: Section 4 of the District Courts Amendment Act 1989 3: This section shall come into force on the 1st day of July 1992. 12: New section substituted 1: This subsection substituted ss 46 to 48 2: This subsection repealed s 12 District Courts Amendment Act 1979 3: This section shall come into force on the 1st day of July 1992. 13: 1: This subsection amended section 50(1) (2) 2: This subsection amended section 50(1) (2) 3: This subsection repealed s 5 District Courts Amendment Act 1989 4: This section shall come into force on the 1st day of July 1992. 14: 15: 16: 17: 18: 19: Extending jurisdiction under other Acts 1: 2: Section 10 of, and the Schedule District Courts Amendment Act 1989 3: This section and Schedule 1 20: 21: 22: 23: 24: Repeal 1: Section 2 of the District Courts Amendment Act 1989 2: This section shall come into force on the 1st day of July 1992. 25: Transitional provision Notwithstanding anything in paragraph (d) (e) section 4 Part 2A 1 2 section 4

DLM248753

1991

Adult Adoption Information Amendment Act 1991

1: Short Title This Act may be cited as the Adult Adoption Information Amendment Act 1991, and shall be read together with and deemed part of the Adult Adoption Information Act 1985 the principal Act 2: Fees 1: 2: 3: The Adult Adoption Information (Fees) Regulations 1989 4: Until for the first time after the commencement of this Act regulations made under this Act prescribing fees come into force, there shall be deemed to be prescribed the following fees (inclusive of goods and services tax under the Goods and Services Tax Act 1985 a: For every original birth certificate from an entry in the records kept in the office of the Registrar-General (including the search in the year concerned)—$15: b: For every other search of a register book or index or records kept in the office of the Registrar-General, in respect of each name or entry searched, in respect of each year—$3: c: For processing a written application to the Director-General by the birth parent of an adult adopted person for identifying information relating to the person—$140.60: d: For processing a written application to the Director-General by an adult adopted person for identifying information relating to one or both of the person's birth parents—$87.15: e: For counselling an adult adopted person about the endorsement of the original entry of the person's birth to the effect that the person is not to have access to identifying information relating to a birth parent—$35.40: f: For counselling a birth parent of an adult adopted person about the endorsement of the original entry of the person's birth to the effect that the person does not desire any contact with the parent (or with either birth parent)—$35.40: g: For approaching— i: A birth parent of an adult adopted person on the person's behalf; or ii: An adult adopted person on behalf of a birth parent; or iii: A birth parent of an adult adopted person on behalf of an adoptive parent of the person—$92.25.

DLM229597

1991

Māori Purposes (Wi Pere Trust) Act 1991

1: This Act is the Māori Purposes (Wi Pere Trust) Act 1991 Section 1 heading amended 12 May 2017 section 5(2) Māori Purposes Act 2017 Section 1 amended 12 May 2017 section 5(3) Māori Purposes Act 2017 1: Preliminary provisions Part 1 heading inserted 12 May 2017 section 6 Māori Purposes Act 2017 2: Wi Pere Trust Whereas by deed dated 14 April 1899 (in this section called the trust deed), made between Wi Pere, Arapera Pere, Hetekia Pere, Moanaroa Pere, Riria Mauaranui, and Riripeti Rangikohera (together in the trust deed and in this section referred to as the assignors) of the one part and Walter George Foster of the other part, certain real and personal property in the Poverty Bay District was transferred to Walter George Foster upon the trusts declared in the trust deed: And whereas by Order in Council dated 9 January 1909 His Excellency the Governor, by virtue of the powers vested in him by section 47 of the Maori Land Claims Adjustment and Laws Amendment Act 1907 section 15 Anthony Halbert, Albert Horsfall, Alan Parekura Torohina Haronga, Henare Kingi Lardelli, Trudy Vivienne Daisy Meredith, Kingi Winiata Smiler, and Hector John Pere, the last 5 being the trustees of the trust on the day on which the Māori Purposes Act 2017 1: 2: 3: 4: 5: 6: 6A: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: 18: 19: 20: 21: 22: 23: 24: 25: 26: 27: Section 2 preamble amended 12 May 2017 section 7(1) Māori Purposes Act 2017 Section 2(1) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(2) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(3) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(4) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(5) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(6) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(6A) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(7) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(8) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(9) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(10) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(11) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(12) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(13) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(14) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(15) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(16) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(17) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(18) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(19) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(20) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(21) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(22) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(23) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(24) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(25) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(26) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(27) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 3: Interpretation In this Act, unless the context otherwise requires,— 1993 Act Te Ture Whenua Maori Act 1993 beneficial interest section 18 beneficiary child constitution section 15 court descendant ancestor discretionary beneficiary a: a spouse of a beneficiary; or b: a child of a beneficiary, if that child is also a lineal descendant of Wi Pere; or c: any person who can succeed to an interest of a beneficiary under this Act former trustees general land section 4 lineal descendant of Wi Pere Māori freehold land section 4 member spouse a: a husband or wife by legal marriage; or b: a partner to a de facto relationship (as defined in section 2D c: a partner to a civil union solemnised under the Civil Union Act 2004 d: does not include a person referred to in paragraphs (a) to (c) if— i: the marriage, relationship, or union in question is a relationship of short duration (as defined in section 2E ii: a separation order or separation agreement is in force in respect of the marriage, union, or relationship trust section 4(1) trust board section 6 trust property Section 3 replaced 12 May 2017 section 8 Māori Purposes Act 2017 2: Continuation of trust and establishment of trust board Part 2 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Continuation of trust Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 4: Trust continues 1: The trust created as recited in the preamble to section 2 2: On the commencement of this section, each beneficiary holds the beneficial interest in the trust property that he or she held immediately before that commencement. Section 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017 5: Trust subject to Trusts Act 2019 1: The Trusts Act 2019 2: The High Court has jurisdiction to determine any dispute relating to the administration and governance of the trust. 3: To avoid doubt, the Māori Land Court has no jurisdiction to determine any dispute relating to the administration and governance of the trust. Section 5 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 5 heading amended 30 January 2021 section 161 Trusts Act 2019 Section 5(1) amended 30 January 2021 section 161 Trusts Act 2019 Establishment of trust board Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 6: Establishment of Wi Pere Trust Board 1: This section establishes the Wi Pere Trust Board. 2: The trust board is a body corporate with perpetual succession. 3: Except as provided in this Act, the trust board has and may exercise— a: all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity; and b: the power to do any other thing it is authorised or required to do— i: by this Act; or ii: by the constitution; or iii: by the Trusts Act 2019 iv: by any rule of law. 4: The trust board may not exercise any of its rights, powers, or privileges except for the purpose of performing its function. Section 6 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 6(3)(b)(iii) amended 30 January 2021 section 161 Trusts Act 2019 7: First members of trust board 1: The former trustees are the first members of the trust board. 2: The former trustees and any preceding trustees are released and discharged from all actions, claims, and demands for or in respect of any act, matter, or thing done, omitted, or suffered by them or any of them as trustees in good faith arising out of the administration of the trust property before the commencement of this section. Section 7 inserted 12 May 2017 section 9 Māori Purposes Act 2017 8: Trust board succeeds to rights and liabilities of former trustees in relation to trust 1: On the commencement of this section,— a: the trust board succeeds to the rights and liabilities of the former trustees in relation to the affairs of the trust; and b: those rights and liabilities are enforceable by and against the trust board and are not enforceable by and against the former trustees. 2: For the purposes of this section, but without limitation, rights and liabilities a: rights and liabilities arising under any contract, agreement, arrangement, or process validly and properly entered into by the former trustees: b: rights and liabilities under any enactment: c: rights and liabilities under any order of a court or other tribunal: d: status as parties to any legal proceeding: e: liability to taxation, penalties, and local body rates and fees. Section 8 inserted 12 May 2017 section 9 Māori Purposes Act 2017 9: Transfer of trust property to trust board 1: On the commencement of this section, all real and personal property, including the land listed in Schedules 2 3 2: The Registrar-General of Land must, as soon as practicable,— a: register the trust board as the proprietor of the fee simple estate in the land that vests in it under subsection (1); and b: record any entry on the relevant computer freehold registers for that land, and do anything else necessary to give effect to the vesting of that land in the trust board. 3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the changes made under subsection (2). Section 9 inserted 12 May 2017 section 9 Māori Purposes Act 2017 10: Tax 1: This section applies for the purpose of the Inland Revenue Acts. 2: On the commencement of this section,— a: the trust board is deemed to be the same person as the former trustees; and b: everything done by the former trustees before the assets and liabilities and voting interests and market value interests become the trust board’s is deemed to have been done by the trust board on the date on which it was done by the former trustees; and c: income derived or expenditure incurred by the former trustees before the assets and liabilities become the trust board’s does not become income derived or expenditure incurred by the trust board just because the assets and liabilities become the trust board’s. 3: The establishment of the trust board and the transfer of trust property to the trust board does not interrupt the voting interests and market value interests— a: of any subsidiaries beneficially owned by the trust; or b: of the new trust board in relation to its use of tax losses of the trust. 4: In this section,— a: assets and liabilities b: Inland Revenue Acts section 3(1) c: voting interests and market value interests d: terms used that are not defined in this Act but are defined in the Inland Revenue Acts have the meanings given to them by those Acts. Section 10 inserted 12 May 2017 section 9 Māori Purposes Act 2017 11: Trust board holds property on trust for purpose of trust The trust board holds the trust property on trust for the purpose of the trust; that is, to receive, hold, manage, and administer the trust property for the benefit and advancement of the beneficiaries, and at the sole discretion of the board, for the benefit of the discretionary beneficiaries. Section 11 inserted 12 May 2017 section 9 Māori Purposes Act 2017 12: Trust not subject to limit on maximum duration No rule of law or provisions of an Act, including section 16 Section 12 replaced 30 January 2021 section 161 Trusts Act 2019 Trust board Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 13: Function and powers of trust board 1: The function of the trust board is to hold and manage the trust property. 2: The trust board must perform its function by exercising its powers in accordance with— a: this Act; and b: the constitution; and c: the Trusts Act 2019 d: any rule of law. Section 13 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 13(2)(c) amended 30 January 2021 section 161 Trusts Act 2019 14: Members of trust board not personally liable 1: A member is not personally liable for his or her acts or omissions as a member unless the act or omission involves dishonesty, wilful breach of trust, or lack of good faith. 2: A member ( member A a: the act or omission involves dishonesty, wilful breach of trust, or lack of good faith; and b: member A knew, or should have known, of the dishonesty, wilful breach of trust, or lack of good faith. 3: The trust board must not indemnify, or directly or indirectly effect insurance for, a member or an employee of the trust board for— a: liability for any act or omission that involves dishonesty, wilful breach of trust, or lack of good faith in his or her capacity as a member or employee of the trust board; or b: costs incurred by that member or employee in defending any claim or proceeding relating to a liability referred to in paragraph (a), unless judgment is given in his or her favour, or he or she is acquitted, or the claim or proceeding is discontinued. Section 14 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Constitution Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 15: Trust board must have constitution 1: The trust board must have a constitution. 2: On the commencement of this section, the first constitution of the trust board is the constitution set out in Schedule 1 3: The constitution must include the following matters as a minimum: a: the procedure for electing members: b: the composition of the trust board: c: the term of office of members: d: the resignation and removal of members: e: the disclosure of members' interests, and how any conflicts of interest must be managed: f: remuneration of members and payment of expenses: g: arrangements for meetings of beneficiaries and for voting: h: provision for beneficiaries to inspect the constitution, the register of beneficial interests, and financial statements: i: dispute resolution procedures: j: how the constitution may be varied: k: the circumstances in which the trust board may indemnify or insure members and employees of the trust board. 4: The constitution may include— a: the trust board's duties and powers concerning the holding and management of trust property; and b: any other matter. 5: However,— a: the constitution must be consistent with this Act; and b: if there is an inconsistency between the constitution and this Act, this Act prevails. Section 15 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Financial statements and audit Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 16: Preparation of financial statements 1: The trust board must prepare financial statements for the trust for each accounting period in accordance with the requirements of the Financial Reporting Act 2013 2: The financial statements must be prepared no later than 5 months after the end of the accounting period to which they relate. Section 16 inserted 12 May 2017 section 9 Māori Purposes Act 2017 17: Audit requirements 1: The trust board must— a: have the trust’s financial statements for each accounting period audited by a qualified auditor; and b: obtain the auditor's report on the financial statements; and c: provide the audited financial statements and the auditor's report to the beneficiaries in accordance with the constitution. 2: In subsection (1), qualified auditor section 35 Section 17 inserted 12 May 2017 section 9 Māori Purposes Act 2017 3: Beneficial interests in trust property Part 3 inserted 12 May 2017 section 9 Māori Purposes Act 2017 18: Meaning of beneficial interest In this Act, beneficial interest Section 18 inserted 12 May 2017 section 9 Māori Purposes Act 2017 19: Manner of holding beneficial interest 1: A beneficiary may hold his or her beneficial interest only— a: in his or her personal capacity; or b: through a trust. 2: Sections 22 to 26 3: The holding of a beneficial interest through a trust is no bar to succession to that interest. Section 19 inserted 12 May 2017 section 9 Māori Purposes Act 2017 20: Register of beneficial interests in trust property The trust board must maintain a register that records— a: each beneficiary's beneficial interest; and b: each beneficiary's beneficial interest as a proportion of the total beneficial interests of all beneficiaries; and c: all changes to each beneficiary's beneficial interest; and d: the capacity in which a beneficiary holds his or her beneficial interest, that is,— i: in his or her personal capacity; or ii: through a trust; and e: the interest of each person who inherits a life interest in the trust property under section 24 25 f: all orders made by the Māori Land Court that relate to Māori freehold land that is trust property. Section 20 inserted 12 May 2017 section 9 Māori Purposes Act 2017 21: Notification of changes affecting register 1: The trust board must notify the Registrar of the Māori Land Court of any change made in the register of beneficial interests in trust property. 2: The Registrar of the Māori Land Court must notify the trust board of any order of the court that affects the information held in the register of beneficial interests in trust property. Section 21 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Disposal of beneficial interest Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 22: Restrictions on disposal of beneficial interest 1: A beneficial interest in trust property may not be disposed of except— a: by transfer to a trust through which the beneficiary holds the beneficial interest in accordance with section 19(1)(b) b: by sale to the trust board under section 23 c: by gift by will, in accordance with section 24 d: on intestacy, in accordance with section 25 e: by gift during the beneficiary’s lifetime, in accordance with section 26 f: by operation of law. 2: A beneficial interest may not be split on disposition between the beneficial interest in Māori freehold land and the corresponding beneficial interest in other trust property; that is, the disposition of a beneficial interest in trust property necessarily comprises both the beneficial interest in Māori freehold land and the corresponding beneficial interest in other trust property. Section 22 inserted 12 May 2017 section 9 Māori Purposes Act 2017 23: Trust board may purchase beneficial interest 1: The trust board may purchase the beneficial interest of a beneficiary who wishes to dispose of that interest. 2: If the trust board purchases the beneficial interest of a beneficiary, the trust board may— a: cancel the interest, and increase the shares of the other beneficiaries proportionately; or b: resell the interest to any other beneficiary at a price agreed between the trust board and the purchasing beneficiary; or c: retain the interest until resale under paragraph (b). Section 23 inserted 12 May 2017 section 9 Māori Purposes Act 2017 24: Disposal of beneficial interest under beneficiary's will 1: A beneficiary may gift by will his or her beneficial interest only to— a: a lineal descendant of Wi Pere: b: the beneficiary's spouse who is not also a lineal descendant of Wi Pere, but only to the extent of a life interest in the beneficial interest: c: a child or further descendant of the beneficiary who is not also a lineal descendant of Wi Pere, but only to the extent of a life interest in the beneficial interest: d: a trustee of a person referred to in paragraph (a): e: a trustee of a person referred to in paragraph (b) or (c), but only to the extent of a life interest in the beneficial interest. 2: To the extent that a provision in a beneficiary’s will purports to dispose of the beneficiary’s beneficial interest in breach of the requirements of subsection (1),— a: the provision is void; and b: succession to the beneficial interest must be determined under section 25 3: Subsection (2) applies regardless of whether the will was made before or after this section came into force. Section 24 inserted 12 May 2017 section 9 Māori Purposes Act 2017 25: Disposal of beneficial interest if beneficiary dies intestate If a beneficiary dies intestate or if section 24(2) The following table is medium in size and has 2 columns. Column 1 is headed Person or people who survive beneficiary. Column 2 is headed Who succeeds to beneficial interest Person or people who survive beneficiary Who succeeds to beneficial interest 1 Surviving spouse 1: The spouse succeeds to an interest in the beneficial interest, but that interest ends on the earliest of— a: the date that the spouse surrenders his or her interest in writing; and b: the date that the spouse remarries or enters into a civil union or de facto relationship; and c: the spouse’s death. 2: On the extinguishment of the spouse’s interest, the beneficial interest is distributed in accordance with items 2 to 4. 2 Descendants; no surviving spouse or surviving spouse’s interest has been extinguished 1: The beneficiary’s children succeed to the beneficial interest in equal portions unless paragraph (2) applies. 2: If 1 or more of the beneficiary’s children died before the beneficiary but left descendants who survived the beneficiary,— a: the beneficial interest is divided into equal portions, the number of portions being the number of surviving children plus the number of children who died before the beneficiary but left descendants who survived the beneficiary; and b: the surviving children each succeed to a portion; and c: a portion is allocated to each child who died before the beneficiary but left descendants who survived the beneficiary and succession to that portion is determined by applying paragraphs (1) and (2) of this item as if the child were a beneficiary and the portion were the child’s beneficial interest. 3: If a child or descendant who is not a lineal descendant of Wi Pere succeeds to the beneficial interest, the child or descendant succeeds only to a life interest in the beneficial interest. At the extinguishment of that life interest, the reversionary interest in the beneficial interest is succeeded to by the person or people who— a: are entitled to succeed to the interest under items 2 to 4; and b: are lineal descendants of Wi Pere. 3 Siblings; no descendants; no surviving spouse or surviving spouse’s interest has been extinguished 1: The beneficiary’s siblings succeed to the beneficial interest in equal portions unless paragraph (2) applies. 2: If 1 or more of the beneficiary’s siblings died before the beneficiary but left qualifying descendants,— a: the beneficial interest is divided into equal portions, the number of portions being the number of surviving siblings plus the number of siblings who died before the beneficiary but left qualifying descendants; and b: the surviving siblings each succeed to a portion; and c: a portion is allocated to each sibling who died before the beneficiary but left qualifying descendants and succession to that portion is determined by applying paragraphs (1) and (2) of item 2 as if the sibling were a beneficiary and the portion were that sibling’s beneficial interest, except that only lineal descendants of Wi Pere may succeed to the beneficial interest. 3: In this item,— qualifying descendant a: is a child or descendant of a sibling of the beneficiary; and b: survived the beneficiary; and c: is a lineal descendant of Wi Pere sibling a: includes half-siblings; but b: excludes siblings and half-siblings that are not also lineal descendants of Wi Pere. 4 No siblings; no descendants; no surviving spouse or surviving spouse’s interest has been extinguished The beneficiary’s closest living relative or relatives who are lineal descendants of Wi Pere succeed to the beneficial interest in equal portions. Section 25 inserted 12 May 2017 section 9 Māori Purposes Act 2017 26: Disposal of beneficial interest by way of gift during beneficiary's lifetime 1: A beneficiary may transfer his or her beneficial interest by way of gift during the beneficiary's lifetime if— a: the transferee is a lineal descendant of Wi Pere; and b: the transferor has applied to the trust board for approval of the transfer; and c: the trust board has approved the transfer. 2: The transfer of a beneficial interest under this section has no effect unless and until it is registered in the register of beneficial interests. 3: The trust board may refuse to approve a transfer, but must not unreasonably withhold approval. Section 26 inserted 12 May 2017 section 9 Māori Purposes Act 2017 27: Māori Land Court may determine who is lineal descendant of Wi Pere 1: This section applies if there is a dispute as to whether a person is a lineal descendant of Wi Pere and the trust board has been unable to resolve the dispute. 2: On the application of any interested person, the Māori Land Court may make an order determining whether a person is a lineal descendant of Wi Pere. 3: In exercising its jurisdiction under this section, the primary objective of the Māori Land Court is to give effect to this Act. Section 27 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Administration of beneficial interests Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 28: Trust board may adjust beneficial interests The trust board may increase or decrease a beneficiary's beneficial interest in trust property, provided that— a: the beneficial interest of each beneficiary as a proportion of the total beneficial interests of all beneficiaries remains unchanged; and b: the increase or decrease is made solely for the ease of the trust board's administration of the trust register. Section 28 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Miscellaneous Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 29: Property (Relationships) Act 1976 does not apply The Property (Relationships) Act 1976 Section 29 inserted 12 May 2017 section 9 Māori Purposes Act 2017 4: Land held by trust board Part 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017 1: General land Subpart 1 inserted 12 May 2017 section 9 Māori Purposes Act 2017 30: Land that is general land 1: For the purposes of classification of land under the 1993 Act and for the purposes of this Act, the land listed in Schedule 2 2: The Registrar-General of Land must, as soon as practicable, update the relevant computer freehold register to reflect the changes to the status of the land listed in Schedule 2 3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the changes to the status of the land listed in Schedule 2 Section 30 inserted 12 May 2017 section 9 Māori Purposes Act 2017 31: Application of 1993 Act to general land excluded 1: The provisions of the 1993 Act do not apply in respect of general land that is trust property, except for the purpose of classifying land as general land or Māori freehold land ( see section 34 2: To avoid doubt, the fact that general land is trust property does not make it general land owned by Māori for the purposes of the 1993 Act. Section 31 inserted 12 May 2017 section 9 Māori Purposes Act 2017 2: Māori freehold land Subpart 2 inserted 12 May 2017 section 9 Māori Purposes Act 2017 32: Land that is Māori freehold land 1: For the purposes of the 1993 Act and this Act, the land listed in Schedule 3 2: The Registrar-General of Land must, as soon as practicable, update the relevant computer freehold register to reflect the status of the land listed in Schedule 3 3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the status of the land listed in Schedule 3 Section 32 inserted 12 May 2017 section 9 Māori Purposes Act 2017 33: Application of 1993 Act to Māori freehold land modified 1: The provisions of the 1993 Act that are capable of applying in relation to Māori freehold land that is trust property apply or do not apply to that land as set out in Schedule 4 a: the modifications and exclusions set out in this Act; and b: any other necessary modifications. 2: In the event of any inconsistency between this Act and the 1993 Act not already provided for, the provisions of this Act prevail. 3: A reference in this Act to a provision of the 1993 Act that is modified by Schedule 4 Section 33 inserted 12 May 2017 section 9 Māori Purposes Act 2017 3: Role of Māori Land Court in relation to land that is trust property Subpart 3 inserted 12 May 2017 section 9 Māori Purposes Act 2017 General land Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 34: Jurisdiction of Māori Land Court excluded The Māori Land Court has no jurisdiction to hear any matter relating to general land that is trust property, except that it may make— a: a status order under section 133 135 b: a vesting order under section 134 Section 34 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Māori freehold land Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017 35: General objectives of Māori Land Court 1: In exercising its jurisdiction and powers under the 1993 Act and under this Act in relation to Māori freehold land that is trust property, the primary objective of the Māori Land Court is to give effect to— a: this Act; and b: the constitution. 2: In applying subsection (1), the Māori Land Court must also seek to promote and assist in— a: the retention of the land by the trust board; and b: the effective use, management, and development of the land by or on behalf of the trust board. 1993 No 4 s 17(1), (2)(a), (b) Section 35 inserted 12 May 2017 section 9 Māori Purposes Act 2017 36: General jurisdiction of Māori Land Court Subject to the specific provisions of this Act, the Māori Land Court has the following jurisdiction in relation to Māori freehold land that is trust property: a: to hear and determine any claim, whether at law or in equity, to the ownership or possession of the land, or to any right, title, estate, or interest in the land, or in the proceeds of the alienation of any such right, title, estate, or interest: b: to determine the relative interests of the owners in common, whether at law or in equity, of the land: c: to hear and determine any claim to recover damages for trespass or any other injury to the land: d: to hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to the land: e: to determine, for the purposes of any proceedings in the court or for any other purpose, whether any specified person is a Māori or the descendant of a Māori: f: to determine whether any land or interest in land to which section 8A 8HB section 338 g: to determine, for the purposes of any proceedings in the court or for any other purpose, whether any specified land is or is not Māori customary land or Māori freehold land or general land owned by Māori or general land or Crown land. 1993 No 4 s 18(1) Section 36 inserted 12 May 2017 section 9 Māori Purposes Act 2017 37: Other jurisdiction of Māori Land Court Subject to the specific provisions of this Act, the Māori Land Court may, for Māori freehold land that is trust property, and on the application of the trust board or a beneficiary,— a: settle the lists of the beneficiaries in the land or any part of the land; and b: appoint successors to a deceased beneficiary; and c: appoint a trustee for a beneficiary under disability; and d: make an order under a section of this Act that confers jurisdiction on the Māori Land Court; and e: generally exercise jurisdiction so far as the equitable estate of the beneficiaries is concerned. Section 37 inserted 12 May 2017 section 9 Māori Purposes Act 2017 4: Alienation or other disposition of land by trust board Subpart 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017 38: Alienation of Māori freehold land 1: The trust board has the capacity to alienate Māori freehold land that is trust property if— a: the alienation would be permitted by sections 147 147A 150A Part 12 b: the alienation is permitted by section 33 39 40 2: Section 159 3: In this section, alienation section 4 Section 38 inserted 12 May 2017 section 9 Māori Purposes Act 2017 39: Setting land aside for use by beneficiary The trust board may from time to time set aside any part of the land that is trust property and allow any beneficiary or beneficiaries to use it, whether for the purpose of papakāinga or other use, on such terms and subject to such conditions as the trust board thinks fit. Section 39 inserted 12 May 2017 section 9 Māori Purposes Act 2017 40: Transfer of land to beneficiary to provide residential building site 1: The trust board may apply to the Māori Land Court for an order that any Māori freehold land, or part of any Māori freehold land, that is trust property and is not subject to a mortgage be transferred to a beneficiary for the purpose of providing a residential building site or sites for the beneficiary. 2: The Māori Land Court may make an order requested under subsection (1) subject to the terms and conditions proposed by the trust board. 3: Where the court makes an order under subsection (2), the beneficiary's beneficial interest may, depending on the terms agreed between the trust board and the beneficiary,— a: be cancelled in whole; or b: be cancelled in part; or c: continue without any cancellation. 4: Where Māori freehold land has been transferred to a person under this section, there is vested in the trust board (without any further step being required of the trust board) the first option to purchase the land and any improvements at a fair market value if the person— a: dies; or b: proposes to sell, gift, or otherwise permanently dispose of the land; or c: proposes to lease the land for more than 10 years; or d: ceases to personally occupy the land for more than 10 years; or e: uses the land for a purpose other than a residential building site. 5: In subsection (4), fair market value 6: Section 296 Part 15 Section 40 inserted 12 May 2017 section 9 Māori Purposes Act 2017 5: Miscellaneous Subpart 5 inserted 12 May 2017 section 9 Māori Purposes Act 2017 41: Jurisdiction of Māori Land Court under Fencing Act 1978 1: This section applies if a claim, dispute, or question arises under the Fencing Act 1978 a: relates to both Māori freehold land and general land held by the trust board; but b: does not relate to Māori freehold land or general land owned by Māori that is held by another party. 2: If this section applies, the trust board may elect to— a: make an application to the Māori Land Court in respect of the Māori freehold land and an application to the District Court in respect of the general land; or b: make an application in respect of both the Māori freehold land and the general land to the District Court. 3: If the trust board elects to make an application under subsection (2)(b), section 26(2) 1993 No 4 s 26(2) Section 41 inserted 12 May 2017 section 9 Māori Purposes Act 2017

DLM253150

1991

Child Support Act 1991

1: 1: This Act is 2: This Act is hereby declared to be one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994 3: Except as provided in subsection (4) and section 253 4: Part 11 Part 15 Section 1 heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 1(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 1(2) substituted 1 April 1995 Income Tax Act 1994 2: Interpretation 1: In this Act, unless the context otherwise requires,— adjusted income section 35 annual amount of child support annual rate of child support approved form assessment domestic maintenance bank section 155 care cost percentage Schedule 2 section 14 care order or agreement a: a parenting order made under section 48(1) b: an overseas parenting order as defined in section 8 c: any agreement (not being an order referred to in paragraph (a) or (b))— i: that the parents and carers of a child agree to treat as binding on them; and ii: that identifies the proportion of care that each parent and carer of the child will provide to the child carer child expenditure amount section 30(2) child expenditure table section 36D child support child support group child support income amount section 34 child support year a: the period of 9 months commencing on 1 July 1992 and ending with 31 March 1993; or b: the year commencing on 1 April 1993 and ending with 31 March 1994; or c: any subsequent year commencing on 1 April and ending with 31 March Commissioner Tax Administration Act 1994 Consumers Price Index domestic maintenance section 58(2) section 68(2) employee paragraph (a) of the definition of employee in section YA 1 employer paragraphs (a) and (b) of the definition of employer in section YA 1 Family Court section 4 financial support a: child support payable under this Act; or b: domestic maintenance c: child support and domestic maintenance financially independent a: in full employment; or b: in receipt of a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998 c: in receipt of payments under a government-assisted scheme which the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 Social Security Act 2018 d: in receipt of a main benefit under this Act (as that expression is defined in Schedule 2 Social Security Act 2018 formula assessment Parts 1 2 full employment a: employment under a contract of service or apprenticeship which requires the person to work, whether on time or piece rates, not less than an average of 30 hours per week; or b: self-employment of the person in any business, profession, trade, manufacture, or undertaking carried on for pecuniary profit for not less than an average of 30 hours per week; or c: employment of the person for any number of hours which is regarded as full-time employment for the purposes of any award, agreement, or contract relating to that employment income net income section YA 1 income amount order Part 5A 6A 6B Part 7 a: child support income amount; or b: amount of income income c: annual amount of child support income from employment section YA 1 income percentage section 33 inflation percentage last relevant tax year a: in a case where a parent's income b: in any other case, the tax year immediately preceding the most recent tax year liable parent a: in relation to a parent subject to a formula assessment, a parent of a qualifying child who the Commissioner determines under section 17 b: in relation to any other parent, a parent who is liable to pay child support under section 58(1) 68(1) liable person liable spouse or partner section 58(2) section 68(2) living allowance section 35A most recent tax year officer of the Department Tax Administration Act 1994 ordinarily resident in New Zealand section 218 overseas jurisdiction a: means a country outside New Zealand and a State, territory, province, or other part of a country outside New Zealand; and b: includes the Cook Islands, Niue, and Tokelau parent section 7 payee a: in relation to any child support required to be paid in respect of any qualifying child, a person who is a receiving carer b: in relation to any domestic maintenance domestic maintenance section 58(2) section 68(2) person proceeding or before the Commissioner under Part 5A 6A 6B properly made section 55 property qualifying child section 5 qualifying voluntary agreement section 48 receiving carer a: a carer of a qualifying child who the Commissioner determines under section 17 b: a person who is entitled to receive child support under section 58(1) 68(1) social security beneficiary social security benefit Schedule 2 source deduction payment section RD 3 step-parent the Family Court section 99 tax year section YA 1 UCB beneficiary unincorporated body of persons a: a partnership: b: a joint venture: c: the trustees of a trust unsupported child’s benefit section 46 withholding income a: income from employment that has a New Zealand source that is subject to the PAYE rules (as defined in section YA 1 b: interest or a dividend that has a New Zealand source that is subject to the RWT rules (as defined in section YA 1 1A: 2: Unless otherwise specified, the application of any provision of this Act to a person, assessment, payment, or other matter shall be determined in respect of each day in a child support year, and any assessment or other calculation shall be made on the basis of the circumstances existing in relation to that day. 3: For the purposes of this Act, a tax year a: in relation to a person whose income is assessed under the Tax Administration Act 1994 tax year b: in relation to a person who is resident in a country outside New Zealand, the tax year 4: For the purposes of subsection (3)(a), if a person's income is assessed in relation to the year ending with the annual balance date of the person's accounts, the corresponding year section 38 5: For the purposes of subsection (3)(b), 30 September in any year is deemed to be nearer to the last preceding 31 March than to the next succeeding 31 March. Section 2(1) adjusted income adjusted taxable income amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 2(1) adjusted income adjusted taxable income inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) annual amount of child support inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) annual rate of child support inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) assessment amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) care cost percentage inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) care order or agreement inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) carer inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) child expenditure amount inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) child expenditure table inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) child support group inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) child support income amount amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) child support percentage repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) Commissioner amended 23 September 1997 section 2(1) Child Support Amendment Act (No 3) 1997 Section 2(1) Commissioner amended 1 April 1995 Income Tax Act 1994 Section 2(1) Consumers Price Index inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 2(1) COVID-19 New Zealanders Stranded Overseas Support Programme repealed 1 July 2023 section 4(1) Child Support (Pass On) Acts Amendment Act 2023 Section 2(1) domestic maintenance inserted 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) election period repealed 1 April 2015 section 206 Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 2(1) eligible applicant repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) eligible custodian repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) employee amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) employee amended 1 April 1995 Income Tax Act 1994 Section 2(1) employer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) employer amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) Family Court replaced 1 March 2017 section 261 District Court Act 2016 Section 2(1) financial support amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) financial support amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) financially independent amended 1 October 1998 regulation 49 Student Allowances Regulations 1998 Section 2(1) financially independent amended 26 November 2018 section 459 Social Security Act 2018 Section 2(1) financially independent amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 2(1) financially independent amended 1 October 1998 section 57 Social Security Amendment Act 1998 Section 2(1) financially independent amended 26 November 2018 section 459 Social Security Act 2018 Section 2(1) formula assessment amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) income inserted 1 April 2022 section 4(1) Child Support Amendment Act 2021 Section 2(1) income amount order replaced 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) income amount order amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 2(1) income from employment inserted 7 November 2001 section 3(1)(b) Child Support Amendment Act 2001 Section 2(1) income from employment amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) income percentage inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) income year repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) inflation percentage replaced 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) inflation percentage amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 2(1) last relevant income year repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) last relevant tax year replaced 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) last relevant tax year amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 2(1) last relevant tax year amended 25 February 2016 section 4(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 2(1) liable parent replaced 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) liable spouse repealed 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) liable spouse or partner inserted 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) living allowance amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) married person repealed 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) most recent income year repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) most recent tax year inserted 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) officer of the Department inserted 23 September 1997 section 2(2) Child Support Amendment Act (No 3) 1997 Section 2(1) overseas jurisdiction inserted 26 September 2006 section 4(2) Child Support Amendment Act 2006 Section 2(1) payee amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) payee amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) principal provider of ongoing daily care repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) proceeding amended 26 September 2006 section 4(1)(b) Child Support Amendment Act 2006 Section 2(1) proceeding amended 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 2(1) properly made replaced 1 April 2015 section 34 Child Support Amendment Act 2013 Section 2(1) qualifying custodian repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) receiving carer replaced 25 February 2016 section 4(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 2(1) relevant average weekly earnings amount repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) shared custody child repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) social security beneficiary inserted 24 March 2021 section 4(2) Child Support Amendment Act 2021 Section 2(1) social security benefit replaced 1 July 2023 section 4(2) Child Support (Pass On) Acts Amendment Act 2023 Section 2(1) source deduction payment substituted 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) spousal maintenance repealed 26 April 2005 section 3 Child Support Amendment Act 2005 Section 2(1) step-parent amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) substantially equal sharing of ongoing daily care repealed 1 April 2015 section 5(1) Child Support Amendment Act 2013 Section 2(1) tax year inserted 1 April 2015 section 5(2) Child Support Amendment Act 2013 Section 2(1) taxable income repealed 1 April 2022 section 4(3) Child Support Amendment Act 2021 Section 2(1) UCB beneficiary inserted 1 July 2023 section 4(3) Child Support (Pass On) Acts Amendment Act 2023 Section 2(1) unsupported child’s benefit inserted 1 July 2023 section 4(3) Child Support (Pass On) Acts Amendment Act 2023 Section 2(1) withholding income added 7 November 2001 section 3(1)(b) Child Support Amendment Act 2001 Section 2(1) withholding income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) withholding income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1A) repealed 26 November 2018 section 459 Social Security Act 2018 Section 2(3) added 24 July 1999 section 2(3) Child Support Amendment Act 1999 Section 2(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(3)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(4) added 24 July 1999 section 2(3) Child Support Amendment Act 1999 Section 2(4) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(5) added 24 July 1999 section 2(3) Child Support Amendment Act 1999 3: Act to bind the Crown Subject to section 186 3A: Application, transitional, Schedule 1 application, transitional, 1 April 2015 see section 276 Section 3A inserted 17 April 2013 section 6 Child Support Amendment Act 2013 Section 3A heading amended 25 February 2016 section 5(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 3A amended 25 February 2016 section 5(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 3A amended 27 February 2014 section 147 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 4: Objects The objects of this Act are— a: to affirm the right of children to be maintained by their parents: b: to affirm the obligation of parents to maintain their children: c: d: to provide that the level of financial support to be provided by parents for their children is to be determined according to their relative capacity to provide financial support and their relative levels of provision of care e: to ensure that parents with a like capacity to provide financial support for their children should provide like amounts of financial support: f: to provide legislatively fixed standards in accordance with which the level of financial support to be provided by parents for their children should be determined: fa: to affirm the right of carers who provide significant care to children to receive financial support in respect of those children from a parent or parents of the children: g: to enable carers h: to ensure that equity exists between parents and, where applicable, carers i: to ensure that obligations to birth and adopted children are not extinguished by obligations to stepchildren: j: to ensure that the costs to the State of providing an adequate level of financial support for children and their carers liable k: to provide a system whereby child support and domestic maintenance Section 4(c) repealed 1 April 2015 section 7(1) Child Support Amendment Act 2013 Section 4(d) amended 1 April 2015 section 7(2) Child Support Amendment Act 2013 Section 4(fa) inserted 1 April 2015 section 7(3) Child Support Amendment Act 2013 Section 4(g) amended 1 April 2015 section 7(4) Child Support Amendment Act 2013 Section 4(h) amended 1 April 2015 section 7(5) Child Support Amendment Act 2013 Section 4(j) amended 1 April 2015 section 7(6)(a) Child Support Amendment Act 2013 Section 4(j) amended 1 April 2015 section 7(6)(b) Child Support Amendment Act 2013 Section 4(k) amended 26 April 2005 section 3 Child Support Amendment Act 2005 4A: Overview of child support payable under formula assessment 1: A parent or non-parent carer of a qualifying child may apply to the Commissioner for a formula assessment of child support payable for that child 2: The Commissioner will then determine the proportion of care that each carer of the child provides, and the income of each parent of the child, and, using that information, will identify the parent or parents who are liable to pay child support, and the carer or carers who are entitled to receive child support, in respect of the child. 3: A person will be a liable parent in respect of a child if his or her income percentage (which is a percentage of the combined child support income amounts of both the child's parents) is greater than the person's care cost percentage (which is a cost percentage directly related to the proportion of care that the parent provides to the child). 4: If annual child support is payable by a liable parent for a qualifying child, the amount is determined under Part 2 5: This section is by way of explanation only. If it is inconsistent with any other provision of this Act, the other provision prevails. Section 4A inserted 1 April 2015 section 8 Child Support Amendment Act 2013 Section 4A amended 25 February 2016 section 6 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 1: Liability to pay child support under formula assessment General principles concerning liability to pay child support 5: Children who qualify for child support 1: A child qualifies for child support if he or she— a: is under the age of 18, or is aged 18 and enrolled at and attending a school; and b: is not living with another person in a marriage, civil union or de facto relationship c: in the case of a person aged 16 or older, d: is a New Zealand citizen or is ordinarily resident in New Zealand. 2: In subsection (1)(a), school a: a registered school (as defined in section 10(1) b: an overseas school. 3: A child who is enrolled at a registered school and attends it until the end of the school's academic year is deemed to be enrolled at and attending the school until 31 December in that year. 4: However, the latest that a child qualifies for child support is 31 December in the year in which they turn 18, regardless of whether they are still enrolled at and attending a school after that date. Section 5(1)(a) replaced 1 April 2015 section 9(1) Child Support Amendment Act 2013 Section 5(1)(c) amended 26 October 2021 section 5(1) Child Support Amendment Act 2021 Section 5(1)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 5(2) inserted 1 April 2015 section 9(2) Child Support Amendment Act 2013 Section 5(2)(a) amended 1 August 2020 section 668 Education and Training Act 2020 Section 5(3) inserted 1 April 2015 section 9(2) Child Support Amendment Act 2013 Section 5(4) replaced 26 October 2021 section 5(2) Child Support Amendment Act 2021 6: Parents by whom child support payable 1: Child support may be sought in respect of a qualifying child from any person— a: who is a parent of the child within the meaning of section 7 b: who is a New Zealand citizen or is ordinarily resident in New Zealand or in a country with which New Zealand has entered into a reciprocal agreement for enforcement of child support. 2: Notwithstanding subsection (1), where— a: a child has been adopted under the Adoption Act 1955 section 17 b: that adoption order has not been discharged,— child support may not be sought in respect of the child in relation to any period after the time at which the final adoption order became effective from any person who was a parent of the child before that time unless that person is also a person who adopted the child. 7: Meaning of parent 1: For the purposes of this Act, a person is a parent a: the person's name is entered in the child’s birth record under the Births, Deaths, Marriages, and Relationships Registration Act 2021 b: the person is or was a party to a legal marriage and the child was conceived by or born to the person, or the other party to the marriage, during the legal marriage; or c: the person adopted the child under the Adoption Act 1955 section 17 d: a New Zealand court, or a e: the person has, at any time in any proceeding before any court in New Zealand, or before any court or public authority in an f: a court has, under the Family Proceedings Act 1980 g: the person is the natural mother of the child; or h: the person has been declared to be a step-parent of the child by the Family Court section 99 i: a New Zealand court, or a 2: Notwithstanding subsection (1), where the Commissioner is satisfied that a person— a: is not, despite being a person to whom that subsection applies, a parent of a particular child; and b: has not been declared to be a step-parent of that child under section 99 that person shall not be a parent of the child for the purposes of this Act. 3: On being requested to make a determination under subsection (2), the Commissioner may require the production of such evidence as the Commissioner, in his or her discretion, considers appropriate. 4: Where— a: a child is conceived as a result of any AHR procedure to which Part 2 b: a person involved in that procedure is not the mother of the child, or a person who has the rights and liabilities of a parent of the child, that person shall not be a parent of the child for the purposes of this Act. 5: 1964 No 136 s 27I(2), (3) Section 7(1)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 7(1)(a) amended 26 September 2006 section 5(1) Child Support Amendment Act 2006 Section 7(1)(d) amended 26 September 2006 section 5(1) Child Support Amendment Act 2006 Section 7(1)(e) amended 26 September 2006 section 5(2) Child Support Amendment Act 2006 Section 7(1)(h) amended 1 March 2017 section 261 District Court Act 2016 Section 7(1)(i) amended 26 September 2006 section 5(1) Child Support Amendment Act 2006 Section 7(4)(a) amended 1 July 2005 section 16(a) Status of Children Amendment Act 2004 Section 7(4)(b) amended 1 July 2005 section 16(b) Status of Children Amendment Act 2004 Section 7(5) repealed 26 September 2006 section 5(3) Child Support Amendment Act 2006 7A: Commissioner may disregard document from overseas jurisdiction if not satisfied that document is valid and authentic 1: If a document purporting to be the original or a copy of a certificate, entry, or record of a birth, death, or marriage alleged to have taken place in an overseas jurisdiction is provided to the Commissioner, the Commissioner may, in his or her discretion, disregard the document for the purposes of this Act if the Commissioner is not satisfied that the document is valid and authentic. 2: If a document purporting to be the original or a copy of an order or decree made by a court or public authority of an overseas jurisdiction is provided to the Commissioner, the Commissioner may, in his or her discretion, disregard the document for the purposes of this Act if the Commissioner is not satisfied that the document is valid and authentic. 3: This section does not limit section 7(2) Section 7A inserted 26 September 2006 section 6(1) Child Support Amendment Act 2006 7B: Assumptions about parents of child 1: The Commissioner is entitled to assume, for the purposes of a formula assessment, that a qualifying child has 2 parents, and that those parents are living apart. 2: However, if the Commissioner believes on reasonable grounds that either of those assumptions is incorrect, the Commissioner must apply the provisions of this Act, with any necessary modifications, to reflect the true position as determined by the Commissioner. Section 7B inserted 1 April 2015 section 10 Child Support Amendment Act 2013 Application for formula assessment Heading replaced 1 April 2015 section 10 Child Support Amendment Act 2013 8: Who may apply for formula assessment 1: Any parent or carer of a qualifying child may apply to the Commissioner for a formula assessment of child support payable in respect of the child. 2: However, if a qualifying child is a child in respect of whom payments are being made under section 363 Oranga Tamariki Act 1989 a: the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 b: a body or organisation approved under section 396 Section 8 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Section 8(1) replaced 25 February 2016 section 7 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 8(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 8(2)(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 9: UCB beneficiaries must apply for formula assessment Person to whom section applies 1: This section applies to a person who is a carer of a qualifying child (other than a child to whom section 8(2) a: is a UCB beneficiary; and b: provides, or considers that the person provides, at least 35% of ongoing daily care to the child; and c: is not already a receiving carer in respect of the child (but see subsection (4) Person must apply for formula assessment 2: A person to whom this section applies must apply for a formula assessment of child support in relation to every parent of the child unless subsection (5) When UCB beneficiary must make application for formula assessment 3: A UCB beneficiary who is required under subsection (2) a: at the same time as an application for unsupported child’s benefit is made: b: at a time other than when an application for unsupported child’s benefit is made, when notified by the Commissioner that an application for a formula assessment is required in relation to the qualifying child. If UCB beneficiary receives child support pursuant to order under Part 4 that relates to overseas order 4: If a person who is or becomes a UCB beneficiary receives child support pursuant to an order under Part 4 section 67(b) a: the person is deemed not to be a receiving carer for the purpose of this section; and b: the person is deemed to have made, on the date on which the person becomes a UCB beneficiary, an election under section 70 c: if the person ceases to be a UCB beneficiary, or ceases to provide at least 35% of ongoing daily care to the child,— i: any formula assessment applying at that time ceases to apply; and ii: the election under section 70 When UCB beneficiary not required to apply for formula assessment 5: A UCB beneficiary is not required to apply for a formula assessment in relation to a parent of the child if either the Commissioner or the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 a: there is insufficient evidence available to establish who in law that parent is: b: there would be a risk of violence to a specified person if the UCB beneficiary were to do 1 or both of the following: i: make an application for a formula assessment of child support in relation to that parent: ii: take steps to make an application for a formula assessment of child support in relation to that parent: c: that parent died before the application for unsupported child’s benefit was made: d: the child was conceived as a result of incest or sexual violation: e: the UCB beneficiary cannot make an application for a formula assessment of child support in relation to that parent because of a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection. Meanings in subsection (5)(b) of specified person and violence 6: In subsection (5)(b),— specified person a: the UCB beneficiary: b: the UCB beneficiary’s spouse or partner: c: the UCB beneficiary’s children: d: the qualifying child: e: a parent of the qualifying child: f: a sibling of the qualifying child violence section 9 Section 9 replaced 1 July 2023 section 5 Child Support (Pass On) Acts Amendment Act 2023 10: Form of application 1: An application for formula assessment must be in an approved form and be accompanied by the documents (if any) specified in the form. 2: Every application must— a: identify at least 1 qualifying child to whom the application relates; and b: identify, in relation to each qualifying child, at least 1 person who provides at least 35% of ongoing daily care to the child; and c: identify at least 1 person as a liable, or potentially liable, parent of each qualifying child identified; and d: include the tax file number (as defined in section YA 1 3: The application, and every document accompanying it, must be verified as specified in the application form. 4: An application for a formula assessment is properly completed if— a: it contains all the information required by the application form to be supplied; and b: it is accompanied by all the documents required by the application form to accompany the application; and c: the application and documents are verified as required by the application form. Section 10 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Persons who are principal providers of care or who share care substantially equally Heading repealed 1 April 2015 section 10 Child Support Amendment Act 2013 11: Multiple applications in single form 1: If an application for a formula assessment is made on a single form in respect of 2 or more children, the form may be treated as if it contained separate applications for formula assessment of child support for each child. 2: Subsection (3) applies if— a: an application is made on a single form for child support in respect of 1 child or 2 or more children; and b: payment of child support is sought from both parents of the child or any of the children. 3: When this subsection applies, the form may be treated as if it contained separate applications for a formula assessment of child support in respect of the child or each of the children from a parent from whom payment of child support is sought. Section 11 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 12: Deemed application by UCB beneficiary 1: This section applies if a UCB beneficiary a: the agreement expires; or b: the amount payable by the liable parent is less than the amount that would be payable by the liable parent under a formula assessment; or c: an election under section 64 2: If this section applies, on the day after the date on which the child support payments cease to be payable under the agreement, the Commissioner is deemed to have received from the UCB beneficiary section 9 Section 12 heading amended 1 July 2023 section 6(1) Child Support (Pass On) Acts Amendment Act 2023 Section 12 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Section 12(1) amended 1 July 2023 section 6(2) Child Support (Pass On) Acts Amendment Act 2023 Section 12(2) amended 1 July 2023 section 6(3) Child Support (Pass On) Acts Amendment Act 2023 13: Notification by Commissioner of application 1: On receiving a properly completed application for a formula assessment in respect of 1 or more qualifying children, the Commissioner must notify the applicant, and every parent and carer identified in the application, that the Commissioner has received an application for a formula assessment and will therefore ascertain— a: who the liable parent or parents, and who the receiving carer or carers, of the qualifying child are; and b: the annual amount of child support payable by any liable parent in respect of each qualifying child identified in the application; and c: the annual rate of child support payable by any liable parent in respect of all the liable parent's qualifying children; and d: the amount payable in respect of each receiving carer; and e: the date on which the liability of a liable parent to pay child support began or begins. 2: If 3: If the Commissioner has already ascertained some or all of the matters listed in subsection (1), the notice under this section may include that information. 4: The Commissioner’s duty to ascertain the matters listed in subsection (1) is subject to section 13A Section 13 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Section 13(2) amended 25 February 2016 section 8(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 13(4) inserted 25 February 2016 section 8(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 13A: Cases where formula assessment to be refused 1: The Commissioner must refuse to make a formula assessment in respect of a qualifying child if subsection (2) or (4) applies. 2: This subsection applies if the applicant is living with a parent of the child in a marriage, civil union, or de facto relationship. 3: However, subsection (2) does not apply if— a: the applicant is a parent of the child; and b: the child has— i: a parent with whom the applicant is not living in a marriage, civil union, or de facto relationship; or ii: a non-parent carer with whom the applicant is not living in a marriage, civil union, or de facto relationship and who the Commissioner determines is a receiving carer. 4: This subsection applies if the applicant is a non-parent carer of the child who the Commissioner determines is not a receiving carer. 5: If the Commissioner refuses to make a formula assessment under this section, the Commissioner must notify the applicant of the refusal (and withdraw any notices given under section 13 Section 13A inserted 25 February 2016 section 9 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Determining care cost percentages Heading replaced 1 April 2015 section 10 Child Support Amendment Act 2013 14: Commissioner to establish proportions of care 1: The Commissioner must establish, for each qualifying child to whom a properly completed application relates, the proportion of ongoing daily care that each parent and non-parent carer identified in the application, or in other information provided following a request under section 13(2) 2: If 2 or more people who live together each provide ongoing daily care to a child,— a: only 1 of those people may be treated as a carer, and the care provided by the other persons must be treated as part of the care provided by the first person; and b: if 1 of the people is a parent of the child, that person must be treated as the carer. 3: The parents of a qualifying child in respect of whom payments are being made under section 363 Oranga Tamariki Act 1989 Section 14 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Section 14(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 15: How Commissioner establishes proportions of care 1: For the purpose of section 14 2: If a care order or agreement specifies the proportion of nights that a child is to spend with a carer, that proportion of nights is taken to be the proportion of ongoing daily care provided to the child by that carer. 3: A parent or carer of a qualifying child may challenge the application of subsection (1) or (2) by providing evidence of— a: why a care order or agreement should not be relied on; or b: why the proportion of nights that a child spends with a carer should not be taken to be the proportion of ongoing daily care provided to that child by that carer. 4: If there is no care order or agreement relating to the child, or if the Commissioner is satisfied, on the basis of evidence provided, that a care order or agreement does not accurately reflect the proportion of ongoing daily care provided by a carer to a child, the Commissioner must establish the proportion of care provided by a carer primarily on the basis of the number of nights that the child spends with the carer. 5: If the Commissioner is satisfied, on the basis of evidence provided, that the number of nights spent with a carer is not a true reflection of the proportion of care actually provided by a carer to the child, the Commissioner must establish the proportion of care provided on the basis of the amount of time that the carer is the person responsible for the daily care of the child. 6: When establishing proportions of care, the Commissioner— a: must use only whole percentage figures and, for that purpose, must round figures over 50% upwards to the next whole percentage figure, and figures under 50% downwards to the next whole percentage figure; and b: must assume that every year has 365 days. Section 15 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 16: Determining care cost percentages 1: The Commissioner must determine the care cost percentage of each parent and carer of a qualifying child on the basis of the proportion of care that the Commissioner has established, under section 14 2: The care cost percentage that applies is the relevant percentage set out in, or determined in accordance with, column 2 of the table in Schedule 2 Section 16 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Liable parents and receiving carers Heading inserted 1 April 2015 section 10 Child Support Amendment Act 2013 17: Determining who are liable parents and receiving carers 1: The Commissioner must determine the liable parents and receiving carers of each qualifying child, in accordance with this section. 2: A parent of a qualifying child is a liable parent of that child if the parent's income percentage (as determined under section 33 section 16 3: A parent of a qualifying child is a receiving carer of the child if the parent's income percentage is less than their care cost percentage for the child. 3A: Despite subsections (2) and (3), a parent whose income percentage is 100% and whose care cost percentage is also 100% is a receiving carer. 4: A non-parent carer of a qualifying child is a receiving carer of the child if the carer provides at least 35% of ongoing daily care to the child. Section 17 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Commencement of liability to pay child support Heading repealed 1 April 2015 section 10 Child Support Amendment Act 2013 18: Effect of being liable parent or receiving carer 1: A person who the Commissioner determines is a liable parent of a child is liable to make payments of child support in respect of that child, unless the parent's liability is assessed as nil in accordance with section 31(1) 2: A person who the Commissioner determines is a receiving carer of a child is a person in relation to whom child support payments in respect of the child are payable, unless no child support is payable in accordance with section 36A(3) 36C(4) Section 18 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Beginning of liability to pay child support under formula assessment Heading inserted 1 April 2015 section 10 Child Support Amendment Act 2013 19: When liability to pay child support starts 1: The liability of a liable parent to pay child support under a formula assessment starts— a: from the day on which the properly completed application for that formula assessment is received by the Commissioner; or b: if a reassessment results in a person being identified as a liable parent, from the date specified in the reassessment as the effective date. 2: If a parent becomes liable to pay child support to a person in relation to a child under a formula assessment, any existing liability of that parent to pay child support to the person in relation to that child under any voluntary agreement is suspended between the commencement of liability to pay under the formula assessment and the end of that liability. 3: Subsection (4) applies if the Commissioner receives an application for a formula assessment that names a person as a parent of a qualifying child ( person P section 7 a: a New Zealand court, or a court or public authority of any overseas jurisdiction, later finds person P to be a parent of the child: b: the Commissioner determines under this Part that person P is a liable parent of the child: c: the application is otherwise properly completed. 4: Liability by person P to pay child support under a formula assessment in respect of the child starts— a: on the day on which the application is received by the Commissioner if— i: the application for the finding referred to in subsection (3)(a) (the order ii: the Commissioner receives the order no later than 60 days after the order is made; or b: on the day on which the application is received by the Commissioner, if the Commissioner is satisfied that the time limits in paragraph (a) were not met because there was a reasonable cause; or c: on the day on which the Commissioner receives the order, in any other case. 5: Subsection (6) applies if the Commissioner receives an application for a formula assessment that names a person as a parent of a qualifying child ( person P section 7 a: person P later, in any proceeding before any court in New Zealand, or before any court or public authority in an overseas jurisdiction, acknowledges that they are a parent of the child and a court has not made a finding of paternity of the child that is to the contrary of that acknowledgment: b: the Commissioner determines under this Part that person P is a liable parent of the child: c: the application is otherwise properly completed. 6: Liability by person P to pay child support under a formula assessment in respect of the child starts— a: on the day on which the application is received by the Commissioner if— i: the acknowledgment is made no later than 60 days after the Commissioner receives the application for a formula assessment; and ii: the Commissioner receives the acknowledgment no later than 60 days after it is made; or b: on the day on which the application is received by the Commissioner, if the Commissioner is satisfied that the time limits in paragraph (a) were not met because there was a reasonable cause; or c: on the day on which the Commissioner receives the acknowledgment, in any other case. 7: For the purposes of this section, reasonable cause a: is beyond the control of the applicant, including a serious illness, an accident, or a disaster; and b: caused, in the opinion of the Commissioner, the time limits not to be met. Section 19 replaced 1 April 2015 section 10 Child Support Amendment Act 2013 Section 19(3) replaced 26 October 2021 section 6 Child Support Amendment Act 2021 Section 19(4) inserted 26 October 2021 section 6 Child Support Amendment Act 2021 Section 19(5) inserted 26 October 2021 section 6 Child Support Amendment Act 2021 Section 19(6) inserted 26 October 2021 section 6 Child Support Amendment Act 2021 Section 19(7) inserted 26 October 2021 section 6 Child Support Amendment Act 2021 20: Suspension of voluntary agreements Section 20 repealed 1 April 2015 section 10 Child Support Amendment Act 2013 Procedure after acceptance or refusal of application for formula assessment Heading repealed 1 April 2015 section 10 Child Support Amendment Act 2013 21: Duty to give notice of decision to unsuccessful applicant Section 21 repealed 1 April 2015 section 10 Child Support Amendment Act 2013 22: Duty to give notice of decision to custodian Section 22 repealed 1 April 2015 section 10 Child Support Amendment Act 2013 23: Duty to give notice to person from whom child support sought Section 23 repealed 1 April 2015 section 10 Child Support Amendment Act 2013 24: Duty to make assessment Section 24 repealed 1 April 2015 section 10 Child Support Amendment Act 2013 Termination of liability to pay child support under formula assessment 25: When liability to pay child support ceases 1: A liable parent ceases to be liable to pay child support in respect of a qualifying child under a formula assessment on the day before the date on which the child— a: ceases to be a qualifying child; or b: is adopted; or c: dies; or d: in any case to which section 8(2) section 363 2: A liable parent ceases to be liable to pay child support under a formula assessment on the day the parent ceases to be a liable parent under section 17 a: becomes a person who is none of the following: i: a New Zealand citizen: ii: a person who is ordinarily resident in New Zealand: iii: a person who is ordinarily resident in a country with which New Zealand has entered into a reciprocal agreement for the enforcement of child support; or b: becomes a person from whom child support may not be sought in respect of the child by reason of section 6(2) c: dies. 3: A liable parent ceases to be liable to pay child support in respect of a particular receiving carer of a qualifying child under a formula assessment on the earliest of the following: a: if the receiving carer dies, on the earlier of the following: i: the 28th day after the date of death: ii: the day before the date on which a properly completed application for formula assessment is received by the Commissioner from a carer in place of the carer who has died: b: the day before the date on which the receiving carer ceases to provide at least 35% of ongoing daily care to the child: c: the day before the date on which the receiving carer starts to live, or resumes living, with the liable parent of the child in a marriage, civil union, or de facto relationship: d: e: f: in a case where a voluntary agreement made in relation to the child between the liable parent and the carer is accepted by the Commissioner, the day before the date on which that voluntary agreement first applies, in accordance with section 59 4: Subsection (5) applies if the Commissioner accepts an election under section 27 5: A liable parent ceases to be liable to pay child support in respect of the qualifying child under the formula assessment on— a: the day on which the Commissioner received the notice of election; or b: if the notice of election specified a later day on which the formula assessment as it applies in respect of the qualifying child is to end, that later day. Section 25 replaced 1 April 2015 section 11 Child Support Amendment Act 2013 Section 25(1)(d) inserted 1 April 2021 section 7(1) Child Support Amendment Act 2021 Section 25(3)(d) repealed 1 April 2021 section 7(2) Child Support Amendment Act 2021 Section 25(3)(e) repealed 25 February 2016 section 10(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 25(4) inserted 25 February 2016 section 10(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 25(5) inserted 25 February 2016 section 10(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 26: Miscellaneous provisions relating to death of carer 1: Where child support continues to be payable in terms of section 25(3)(a)(i) receiving carer 2: Where child support continues to be payable in terms of section 25(3)(a)(ii) a: the receiving carer receiving carer receiving carer b: the new application was received on the day following the date of death of the previous receiving carer Section 26 heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 26(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 26(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 26(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 26(2)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Election to end formula assessment 27: Election by receiving carer to end formula assessment 1: Where a formula assessment applies in respect of a qualifying child ( child C 2: If a person ( person P see section 25(4) and (5) 3: The election qualifies for acceptance if— a: person P is a recognised carer of child C by virtue of subsection (6)(a); and b: every other recognised carer of child C (if any) agrees to the election. 4: However, the election does not qualify for acceptance if a recognised carer of child C is, or is expected to be, on the day referred to in section 25(5)(a) or (b) 5: In determining whether to accept the election, the Commissioner— a: may act on the basis of any information accompanying the notice of election and any other information in the Commissioner’s possession; and b: is not required to conduct any enquiries or investigations into the matter. 6: For the purposes of this section, a recognised carer of child C a: a receiving carer of child C under the formula assessment: b: a parent of child C who is not a receiving carer of child C under the formula assessment but who provides at least 28% of ongoing daily care to child C. 7: The Commissioner’s acceptance of the election is final, unless overturned in accordance with subsection (8) or (9). 8: The acceptance may be overturned, wholly on the basis of information in the Commissioner’s possession at the time of the acceptance,— a: under Part 6, on an objection to the acceptance made under section 90(1)(bb) b: under Part 7, on an appeal against the Commissioner’s disallowance of an objection to the acceptance made under section 90(1)(bb) 9: The Commissioner may overturn the acceptance if a person whom the Commissioner regarded as being a recognised carer of child C when accepting the election is a UCB beneficiary in respect of child C section 25(5)(a) or (b) 10: Without affecting the acceptance, subsequent changes may be made to the receiving carers or liable parents, or to their entitlements or liabilities, under the formula assessment in respect of times before the day referred to in section 25(5)(a) or (b) 11: A notice of election must be given using an approved form or given in another way approved by the Commissioner. Child Support (Assessment) Act 1989 s 151 (Aust) Section 27 replaced 25 February 2016 section 11 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 27(4) replaced 1 July 2023 section 7(1) Child Support (Pass On) Acts Amendment Act 2023 Section 27(9) amended 1 July 2023 section 7(2) Child Support (Pass On) Acts Amendment Act 2023 2: Amount of child support payable under formula assessment made by Commissioner 28: This Part sets out rates of child support 1: This Part sets out the rates of child support payable under a formula assessment of child support made by the Commissioner. 2: This Part is subject to any determination made by the Commissioner under Part 5A 6A 6B Part 7 3: If no application for formula assessment of child support is made, or required to be made, or deemed to be made, under this Act, this Part shall not apply. 4: If a carer Section 28(2) substituted 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 28(2) amended 26 September 2006 section 8 Child Support Amendment Act 2006 Section 28(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 29: Commissioner to assess child support payable under formula assessment 1: As soon as practicable after identifying a liable parent under Part 1, the Commissioner must— a: assess the annual amount of child support payable by the liable parent in that child support year in respect of each of his or her qualifying children; and b: assess the annual rate of child support payable by the liable parent in that child support year in respect of all of his or her qualifying children; and c: where the application for a formula assessment was made in the previous child support year, make such assessments in relation to the previous child support year. 2: Before, or as soon as practicable after, the start of each later child support year in which child support continues, or appears likely to continue, to be payable in respect of any qualifying child of the parent, the Commissioner must make the assessments referred to in subsection (1)(a) and (b) in relation to that later child support year. 3: Every assessment must be done in accordance with this Part and Part 5. Section 29 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 30: Formula for assessing annual amount of child support 1: The formula for assessing the annual amount of child support payable under a formula assessment by a liable parent in a child support year in respect of a qualifying child is the parent's income percentage minus the parent's care cost percentage, multiplied by the child expenditure amount for the child. This formula can be expressed as— (i% − c%) × p where— i% is the liable parent's income percentage determined under section 33 c% is the liable parent's care cost percentage determined under section 16 p is the child expenditure amount for a qualifying child. 2: The child expenditure amount e ÷ n where— e is the amount, determined in accordance with the child expenditure table applying to that child support year, that applies to the parent in respect of the child on the basis of— a: the combined child support income amounts of both parents of the child; and b: the number of children in the child's child support group; and c: the age group of those children n is the number of children in the same child support group as the child. 3: However, if no child expenditure table applies because at least 1 child is aged 0 to 12 and 1 or 2 children are aged 13 or over, e is the amount, determined in accordance with the child expenditure table that would apply to the parent in respect of the child if all of the children in the child support group were the same age as the qualifying child, on the basis of— a: the combined child support income amounts of both parents of the child; and b: the number of children in the child’s child support group. 4: However, the Commissioner may make modifications to the child expenditure amount for the child that the Commissioner considers necessary or desirable if the Commissioner believes on reasonable grounds that— a: there are exceptional circumstances (for example, exceptional complexity of care arrangements for children within a particular child support group); and b: applying the provisions of this section without modification would result in an unjust or inequitable outcome (for example, an apportionment of costs that is disproportionate to the amount of expenditure attributable to the child). Section 30 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 Section 30(3) inserted 1 April 2022 section 8 Child Support Amendment Act 2021 Section 30(4) inserted 1 April 2022 section 8 Child Support Amendment Act 2021 31: Annual amount of child support payable by liable parent 1: The annual amount of child support payable under a formula assessment by a liable parent in respect of a qualifying child is nil, and section 32 a: the liable parent provides more than 65% of ongoing daily care to the child; or b: the liable parent provides at least 28% of ongoing daily care to the child and the liable parent's income percentage is equal to their care cost percentage; or c: no receiving carer provides at least 35% of ongoing daily care to the child. 2: Where subsection (1) does not apply, the annual amount of child support payable under a formula assessment by a liable parent in a child support year in respect of a qualifying child is as follows: a: the amount determined in accordance with the formula set out in section 30(1) b: for a liable parent to whom section 36 section 36A i: the amount determined in accordance with the formula set out in section 30(1) ii: the amount determined under the multi-group cap (referred to in subsection (3)) applying to the child, but only if it is less than the amount referred to in subparagraph (i): c: for a parent to whom section 36A section 36 i: the amount determined in accordance with the formula set out in section 30(1) ii: if the multi-group cap applies, the amount determined under the multi-group cap applying to the child, but only if it is less than the amount referred to in subparagraph (i); or iii: the amount payable in respect of a receiving carer under section 36A 3: The multi-group cap (100% − c%) × m where— c% is the parent's care cost percentage in relation to the child m is the multi-group cost of the child, as determined under section 36(4) 4: The purpose of the multi-group cap is to avoid liable parents paying more in child support than they would pay if all the children for whom they are liable to pay child support were living together. Section 31 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 Modifications to basic formula in certain circumstances Heading repealed 1 April 2015 section 12 Child Support Amendment Act 2013 32: Minimum annual rate of child support If, after assessing the annual amount of child support payable under a formula assessment section 72(1)(a) sections 30 31(2) a: assess the parent's annual rate of child support as the minimum annual rate referred to in section 72(1)(a) b: determine the proportion of that minimum annual rate of child support that is payable in respect of each receiving carer, on the basis of the number of the liable parent’s qualifying children in respect of whom a formula assessment applies that each receiving Section 32 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 Section 32 amended 25 February 2016 section 12(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 32(b) amended 25 February 2016 section 12(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Determining income percentages Heading inserted 1 April 2015 section 12 Child Support Amendment Act 2013 33: Income percentage A parent's income percentage section 34 Section 33 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 34: Child support income amount 1: A parent's child support income amount income section 35 child support a: the person's living allowance (as determined under section 35A b: the sum of any dependent child allowances to which the person is entitled under section 35B c: any multi-group allowance that relates to the child and to which the person is entitled under section 36 2: If the result of the calculation in subsection (1) is zero or less, the parent's child support income amount must be treated as being nil. 3: If the adjusted income a: if there is 1 parent whose adjusted income b: if there is more than 1 parent whose adjusted income Section 34 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 Section 34(1) amended 1 April 2022 section 9(1) Child Support Amendment Act 2021 Section 34(1) amended 25 February 2016 section 13 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 34(3) amended 1 April 2022 section 9(1) Child Support Amendment Act 2021 Section 34(3)(a) amended 1 April 2022 section 9(1) Child Support Amendment Act 2021 Section 34(3)(b) amended 1 April 2022 section 9(1) Child Support Amendment Act 2021 35: Adjusted income 1: A person’s adjusted income a: if, in the most recent tax year, the person’s income was derived solely from withholding income, the person’s withholding income for the calendar year immediately preceding the start of the child support year; or b: if paragraph (a) does not apply, the person’s income derived in the tax year immediately preceding the most recent tax year, inflated by the inflation percentage for the child support year. 2: If a person’s income for a tax year has not been assessed, the Commissioner must determine the person’s income on the basis of the income and any other particulars known to the Commissioner. 3: This section is subject to— a: sections 38 to 39A b: sections 40AA to 44A Section 35 replaced 1 April 2022 section 10 Child Support Amendment Act 2021 35A: Living allowance 1: A parent's living allowance a: increased by the total amount of income tax deductions that would be required to make the rate a gross, rather than a net, rate (as determined as at 1 January in the immediately preceding child support year, section RD 11(3) b: annualised. 2: The amount of living allowance is as follows: a: for a person not identified in paragraph (b), the rate set out in clause 1 of Part 2 b: for a person granted a supported living payment under subpart 4 who is, for the purposes of that benefit, a single beneficiary with 1 or more dependent children Part 3 3: The version of the appropriate schedule of the Social Security Act 2018 4: The Commissioner must ensure that notice of the applicable living allowances under this section that apply to the current and (if applicable) the previous child support year is available at all reasonable times on an Internet site maintained by or on behalf of the Inland Revenue Department. Section 35A inserted 1 April 2015 section 12 Child Support Amendment Act 2013 Section 35A(1)(a) amended 1 April 2021 section 11(1) Child Support Amendment Act 2021 Section 35A(2) replaced 26 November 2018 section 459 Social Security Act 2018 Section 35A(2)(b) replaced 30 April 2020 section 28 COVID-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020 Section 35A(2)(b) amended 1 July 2023 section 8 Child Support (Pass On) Acts Amendment Act 2023 Section 35A(2)(b) amended 1 April 2021 section 11(2) Child Support Amendment Act 2021 Section 35A(3) amended 26 November 2018 section 459 Social Security Act 2018 35B: Dependent child allowance 1: For the purpose of calculating a parent's child support income amount under section 34 2: The amount of a parent's dependent child allowance, in relation to each dependent child, is— c% × (e ÷ n) where— c% is the care cost percentage of the parent in relation to the dependent child (being the percentage that would be determined under section 16 e is the amount, determined in accordance with the child expenditure table applying to that child support year, that applies to the parent in respect of the dependent child on the basis of— a: the child support income amount of the parent alone, with that amount being treated as the adjusted income b: the total number of the parent's dependent children; and c: the age group of those children n is the total number of the parent's dependent children. 2A: However, if no child expenditure table applies because at least 1 child is aged 0 to 12 and 1 or 2 children are aged 13 or over, e is the amount, determined in accordance with the child expenditure table that would apply to the parent in respect of the dependent child if all of the parent’s dependent children were the same age as the dependent child, on the basis of— a: the child support income amount of the parent alone, with that amount being treated as the adjusted income of the parent, minus the parent’s living allowance; and b: the total number of the parent’s dependent children. 2B: However, the Commissioner may make modifications to the child expenditure amount for the child that the Commissioner considers necessary or desirable if the Commissioner believes on reasonable grounds that— a: there are exceptional circumstances (for example, exceptional complexity of care arrangements for the parent’s dependent children); and b: applying the provisions of this section without modification would result in an unjust or inequitable outcome (for example, an apportionment of costs that is disproportionate to the amount of expenditure attributable to the dependent child). 3: In this section, a person's dependent child section 7 a: is maintained as a member of the parent's family and for whom the parent provides at least 28% of the ongoing daily care; and b: is not a child in relation to whom any person is a liable parent or receiving carer, or for whom, under the law of another country, any person is required to make payments that are of the same nature as child support; and c: meets the requirements of section 5(1)(a) to (c) Section 35B inserted 1 April 2015 section 12 Child Support Amendment Act 2013 Section 35B(2)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 35B(2A) inserted 1 April 2022 section 12 Child Support Amendment Act 2021 Section 35B(2B) inserted 1 April 2022 section 12 Child Support Amendment Act 2021 36: Multi-group allowance 1: This section applies to a parent who has more than 1 child support group. 2: For the purpose of calculating a parent's child support income amount in relation to a particular child ( child C 3: The multi-group allowance in relation to child C is the sum of the multi-group costs of each child ( child D 4: The multi-group cost of child D is— e ÷ n where— e is the amount, determined in accordance with the child expenditure table applying to the relevant child support year, that applies to the parent in respect of child D— a: on the basis of the child support income amount of that parent alone, with that amount being treated as the adjusted income b: as if— i: child D were one of n children; and ii: all those children were the same age as child D n is the total number of children of the parent in all the parent's child support groups. Section 36 replaced 1 April 2015 section 12 Child Support Amendment Act 2013 Section 36(4)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Amounts payable in respect of receiving carers Heading inserted 1 April 2015 section 12 Child Support Amendment Act 2013 36A: Where parent is sole receiving carer 1: This section applies where, in respect of a qualifying child, there is only 1 receiving carer, and that carer ( person P 2: When this section applies, the amount of child support payable in respect of person P is— a: the amount of annual child support that person P would pay if the difference between person P's income percentage and care cost percentage (which, under the formula in section 30 b: if the multi-group cap applies, the amount payable under the multi-group cap, but only if it is less than the amount payable under paragraph (a). 3: However, no child support is payable under subsection (2) in respect of a receiving carer of a qualifying child if the receiving carer provides less than 35% of ongoing daily care to the child. Section 36A inserted 1 April 2015 section 12 Child Support Amendment Act 2013 36B: Where no receiving carers are parents 1: This section applies if, in respect of a qualifying child, there are 1 or 2 receiving carers, and neither of them is a parent of the child. 2: If the liable parent is liable to pay child support in respect of just 1 non-parent receiving carer, the amount of child support payable in respect of that carer is the annual amount of child support payable by the liable parent for the child. 3: If the liable parent is liable to pay child support in respect of 2 non-parent receiving carers, the amount of child support payable in respect of each carer is— f × (c% ÷ g%) where— f is the annual amount of child support payable by the liable parent for the child c% is the care cost percentage of the receiving carer in relation to the child g% is the combined care cost percentages of both the receiving carers of the child, in relation to the child. Section 36B inserted 1 April 2015 section 12 Child Support Amendment Act 2013 36C: Where 1 receiving carer is parent and other is non-parent 1: This section applies if, in respect of a qualifying child, there are 2 receiving carers, where 1 of them is a parent of the child and the other is a non-parent carer of the child. 2: The amount of child support payable in respect of the receiving parent ( person P a: the amount of annual child support that person P would pay if the difference between person P's income percentage and care cost percentage (which, under the formula in section 30 b: if the multi-group cap applies, the amount determined by multiplying— i: the amount payable in respect of the qualifying child, as determined by the liable parent's multi-group cap; by ii: the difference between person P's income percentage and care cost percentage, as if it were a positive percentage. 3: The amount of child support payable in respect of the non-parent receiving carer is the annual amount of child support payable by the liable parent for the child, minus the amount payable under subsection (2) to person P. 4: However, no child support is payable under subsection (2) in respect of a receiving carer who is a parent of a qualifying child if the parent provides less than 35% of ongoing daily care to the child. Section 36C inserted 1 April 2015 section 12 Child Support Amendment Act 2013 Expenditure on children Heading inserted 1 April 2015 section 12 Child Support Amendment Act 2013 36D: Child expenditure tables 1: Before the start of a child support year, the Commissioner must approve a child expenditure table for that child support year, based on the expenditure on children table in Schedule 3 a: the amount of the average weekly earnings that applies; and b: the amount of child support income that is taken to be expended on children, with that amount corresponding to the percentages set out in the expenditure on children table within each income band in the table. 2: The Commissioner must ensure that the child expenditure table for the current and (if applicable) the previous child support year is available— a: on request to the Inland Revenue Department, in hard copy; and b: at all reasonable times, on an Internet site maintained by or on behalf of the Inland Revenue Department. 3: Whenever an income amount is used in relation to the child expenditure table, the income amount must be truncated to whole dollars. Section 36D inserted 1 April 2015 section 12 Child Support Amendment Act 2013 Provisions relating to income Heading amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 37: Nil assessment of taxable income Section 37 repealed 24 October 2001 section 260(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 38: Application of assessments under Income Tax Act 1976 or Tax Administration Act 1994 1: Subject to this Part, where an assessment has been made of a person's income an income tax Act (other than an assessment made where there has been default in furnishing returns) or the Tax Administration Act 1994 section 106 income the relevant one of those Acts income 2: Subsection (1) has effect despite the making, after the making of the formula assessment, of an amendment under an income tax Act or the Tax Administration Act 1994 income 3: Subsection (2) does not apply in relation to the person in any case where— a: the income an income tax Act or the Tax Administration Act 1994 income b: notice of the amended assessment and, where such an amendment is made, the person's income the relevant Act income the relevant Act 4: Subsection (2) does not apply in relation to the person in any case where the reason (or one of the reasons) that the amendment was made was because, in the opinion of the Commissioner, the return of income made by the person under an income tax Act or the Tax Administration Act 1994 income the relevant Act income the relevant Act 5: Where— a: the Commissioner, applying subsection (1), assesses the annual amount of child support payable by a person b: after the making of the formula assessment, an amendment is made under an income tax Act or the Tax Administration Act 1994 income any parent c: neither subsection (3) nor subsection (4) applies in relation to the amendment then, in subsequently amending the formula assessment other than for the purpose of giving effect to the provisions of section 39(3) an income tax Act or the Tax Administration Act 1994 6: Where— a: notice of an assessment (including an amended assessment) of a person's income an income tax Act or the Tax Administration Act 1994 b: the notice was dated,— the assessment is to be taken, for the purposes of this section, to have been made on the date of the notice. 7: Nothing in this section is to be taken to prevent the Commissioner making a determination under Part 5A 6A 6B Part 7 8: In this section, unless the context otherwise requires,— assessment made where there has been default in furnishing returns a: providing information in a return or an account that is not likely to be correct; or b: providing a return that the Commissioner is not otherwise satisfied with; or c: not making a return where the Commissioner has reason to suppose that the person is a taxpayer income tax Act Income Tax Act 1976 Income Tax Act 1994 Income Tax Act 2004 Income Tax Act 2007 Child Support (Assessment) Act 1989 s 56 (Aust) Section 38 heading amended 24 October 2001 section 261(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 38(1) amended 1 April 2022 section 13(1) Child Support Amendment Act 2021 Section 38(1) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(1) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(2) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(2) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(2) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(3) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(3) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(3)(a) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(3)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(3)(a) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(3)(b) amended 24 October 2001 section 261(2) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 38(4) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(4) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(4) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(5) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(5) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(5)(a) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(5)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 38(5)(b) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(5)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 38(5)(b) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(5)(c) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(6)(a) amended 1 April 2022 section 13(2) Child Support Amendment Act 2021 Section 38(6)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 38(6)(a) amended 24 October 2001 section 261(3) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 38(6)(a) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 38(7) substituted 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 38(7) amended 26 September 2006 section 12 Child Support Amendment Act 2006 Section 38(8) inserted 1 April 2022 section 13(3) Child Support Amendment Act 2021 38A: Position where taxable income from withholding income not available for full tax year Section 38A repealed 1 April 2015 section 34 Child Support Amendment Act 2013 39: Position where income 1: Where— a: the Commissioner is unable to readily ascertain a person's income tax year b: the Commissioner has requested or required that person— i: to supply a return of income for the last relevant tax year ii: to supply an estimate of income for the last relevant tax year iii: to supply an estimate of the income expected to be derived in the child support year; or iv: to give information (whether orally or in writing), or to produce a document,— (whether the requirement was made under this Act, or under the Income Tax Act 1976 or the Tax Administration Act 1994 income c: the person has refused or failed to comply with the request or requirement,— the Commissioner may, in making a formula assessment, estimate the income tax year 2: 3: If— a: the Commissioner has applied subsection (1) in making a formula assessment; and b: the Commissioner subsequently ascertains the person's income tax year or the Tax Administration Act 1994 the Commissioner shall, as soon as practicable, amend the formula assessment on the basis that the person's income tax year income Child Support (Assessment) Act 1989 s 58 (Aust) Section 39 heading amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 39(1) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 39(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(1)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 39(1)(a) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(1)(b) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 39(1)(b)(i) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(1)(b)(ii) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(2) repealed 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39(3) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 39(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(3)(b) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 39(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39(3)(b) amended 1 April 1995 section YB 1 Income Tax Act 1994 39A: Commissioner may take overseas 1: The Commissioner may, in making a formula assessment, take into account any income derived by a 2: For that purpose, the Commissioner may apply the provisions of this Act with such modifications as may be necessary. 3: Without limiting the generality of subsection (2), those modifications include modifications so that— a: b: references to “tax year” and “relevant tax year” are references to— i: income periods of the relevant country that most appropriately correspond to the equivalent New Zealand periods; or ii: such other periods as the Commissioner considers appropriate in the circumstances: c: d: section 38 e: section 40 f: section 44 g: section 81 Section 39A inserted 24 July 1999 section 8 Child Support Amendment Act 1999 Section 39A heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39A(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39A(3)(a) repealed 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39A(3)(b) replaced 25 February 2016 section 16(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 39A(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 39A(3)(c) repealed 24 October 2001 section 262(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 39A(3)(d) amended 25 February 2016 section 16(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 39A(3)(e) amended 25 February 2016 section 16(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 39A(3)(e) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39A(3)(f) amended 25 February 2016 section 16(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 39A(3)(f) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 39A(3)(g) amended 25 February 2016 section 16(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 39A(3)(g) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Estimate of income Heading inserted 1 April 2015 section 13 Child Support Amendment Act 2013 Heading amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 40AA: Interpretation for purposes of sections 40 to 45 In sections 40 to 45 annualised estimated taxable income income (a ÷ b) × 365 where— a is the person’s estimated income b is the number of days in the election period election section 40 income income referred to in section 35(1)(a) or (b) income election period a: if notice of the election is given under section 40 b: if notice of the election is given under section 40(1) c: if notice of the election is given during or after the child support year under section 40(8) i: starts on the later of the first day of that child support year and the first day of the month in which the formula assessment begins; and ii: ends on the last day of that child support year estimated taxable income section 40 income original adjusted taxable income income reconciliation period section 44(3D) year-to-date income income section 40 election period starts Section 40AA inserted 1 April 2015 section 13 Child Support Amendment Act 2013 Section 40AA annualised estimated taxable income amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40AA election amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40AA election amended 25 February 2016 section 17(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 40AA election period replaced 1 April 2022 section 234(a) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 40AA election period replaced 1 April 2022 section 14(1) section 234(b) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 40AA estimated taxable income amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40AA original adjusted taxable income amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40AA original taxable income repealed 25 February 2016 section 17(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 40AA reconciliation period inserted 1 April 2022 section 14(2) Child Support Amendment Act 2021 Section 40AA year-to-date income amended 1 April 2022 section 14(3) Child Support Amendment Act 2021 Section 40AA year-to-date income amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Election that child support income be based on estimated taxable income for current year Heading repealed 1 April 2015 section 13 Child Support Amendment Act 2013 40: Estimated income 1: Any person may, by notice to the Commissioner given before or during a child support year the income income election period income 2: The Commissioner, subject to subsections (4) and (6), must accept an election if the sum of the person's year-to-date income (if any) and the person's estimated income original adjusted income 3: A notice of election must,— a: if notice of the election is given before the start of the child support year to which it relates, state the person's estimated income b: if notice of the election is given during the child support year to which it relates, state— i: the person's year-to-date income; and ii: the person's estimated income c: if notice of the election is given after the child support year to which it relates, state— i: the person’s year-to-date income; and ii: the person’s estimated income for the election period. 4: The Commissioner may not accept an election if— a: an income amount order is in force in relation to the person, and to any months in the child support year in respect of which the election is to apply; or b: the person is subject to an order of the court under section 187 c: the person has made an election within the previous 3 months, and the proposed new election would change the person’s annualised estimated income d: the person made an election in relation to an earlier child support year and was required to provide a return of income under the Income Tax Act 2007 Tax Administration Act 1994 da: notice of the election is given after the child support year to which it relates, and the person has made an earlier election for that child support year; or e: the person's annualised estimated income original adjusted income 5: A notice under this section may be given in any form acceptable to the Commissioner, and is to be treated by the Commissioner as having been given in the month in which it was sent or provided by the person making the election, even if it is received by the Commissioner in the following month. 6: The Commissioner may decline to accept an election if the person making the election does not, on request by the Commissioner, provide the information and evidence that the Commissioner requires in order to support the making of the estimate. 7: Subsection (8) applies to any person who receives an assessment unless they already have an existing assessment of child support. 8: The person may make an election during or after 9: If an election is made after Section 40 replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 40 heading amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(1) amended 1 April 2022 section 15(1) Child Support Amendment Act 2021 Section 40(1) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(1) amended 25 February 2016 section 18(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 40(1) amended 1 April 2015 section 208(1) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 40(1) amended 1 April 2015 section 208(2) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 40(2) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(2) amended 25 February 2016 section 18(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 40(3)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(3)(b)(ii) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(3)(c) inserted 1 April 2022 section 15(2) Child Support Amendment Act 2021 Section 40(4)(c) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(4)(da) inserted 1 April 2022 section 235(1) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 40(4)(e) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 40(4)(e) amended 25 February 2016 section 18(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 40(7) inserted 1 April 2022 section 15(3) Child Support Amendment Act 2021 Section 40(8) inserted 1 April 2022 section 15(3) Child Support Amendment Act 2021 Section 40(8) amended 1 April 2022 section 235(2) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 40(9) inserted 1 April 2022 section 15(3) Child Support Amendment Act 2021 Section 40(9) amended 1 April 2022 section 235(3) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 41: Effect of election 1: If the Commissioner accepts an election made by a person, the Commissioner must determine the person's adjusted income income 2: The Commissioner must then adjust any formula assessment applying to the person during the election period and take whatever steps are necessary to ensure that the amount of child support payable per day during the election period reflects the adjusted assessment. 3: The making of an election does not prevent the Commissioner making a determination under Part 5A 6A 6B Part 7 Section 41 replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 41(1) replaced 25 February 2016 section 19 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 41(1) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 42: Revocation of election and subsequent elections 1: A person who has made an election in relation to a child support year may revoke the election, before or during the child support year, by giving notice to the Commissioner; and the revocation takes effect from the start of the election period to which any election applied. 2: If an election is in effect but the person then makes a later election,— a: if the Commissioner accepts the later election,— i: the later election takes effect from the start of the month in which the notice of election is given, and section 41 ii: the earlier election ceases to have effect on the last day of the previous month: b: if the Commissioner does not accept the later election because the amount of year-to-date income income original adjusted income c: if the Commissioner does not accept the election for any other reason, the earlier estimate remains in effect. 3: A revocation is of no effect to the extent that it is inconsistent with an income amount order. Section 42 replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 42(2)(b) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 42(2)(b) amended 25 February 2016 section 20 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 43: Effect of revocation of election 1: When an election is revoked, or deemed to be revoked, the Commissioner must— a: adjust any formula assessment applying to the person on the basis of the person's original adjusted income b: take whatever steps are necessary to ensure that the amount of child support payable per day, during the election period to which the revoked election relates, reflects that adjusted assessment. 2: The revocation of an election does not prevent the Commissioner making a determination under Part 5A 6A 6B Part 7 Section 43 replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 43(1)(a) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 44: End-of-year reconciliation 1: For the purpose of determining whether a person has, or has been, underpaid or overpaid child support in a reconciliation period ( period A person A 1A: Subsections (2) and (3) apply if period A is the only election period, or the last election period, in the child support year. 2: The amount to be treated as person A’s adjusted income for the purposes of the assessment is,— a: if the actual income earned by person A during the year is equal to or less than the year-to-date income specified in the notice of election, nil; or b: if the actual income earned by person A during the year is more than the year-to-date income specified in the notice of election, the lesser of the following: i: person A’s actual income earned in period A (which is the actual income earned in the full year less the year-to-date income specified in the notice of election), annualised in accordance with the formula in subsection (3) (which gives the annualised actual income in the reconciliation period ii: person A’s original adjusted income. 3: The formula for annualising person A’s actual income in a reconciliation period is— (a ÷ b) × 365 where— a is the actual income earned during the reconciliation period b is the number of days in the reconciliation period. 3A: Subsections (3B) and (3C) apply if period A is a period that is not referred to in subsection (1A). 3B: The amount to be treated as person A’s adjusted income for the purposes of the assessment is,— a: if the actual income earned by person A during the year is equal to or less than the year-to-date income specified in the notice of election, nil; or b: if the actual income earned by person A during the year is more than the year-to-date income specified in the notice of election, the lesser of the following: i: person A’s actual income earned in period A, annualised in accordance with the formula in subsection (3C) (which gives the annualised actual income in the reconciliation period ii: person A’s original adjusted income. 3C: The formula for annualising person A’s actual income in a reconciliation period is— ((a − z) ÷ b) × 365 where— a is the year-to-date income specified in the estimate for the period that immediately succeeds period A z is the year-to-date income specified in the estimate for period A b is the number of days in the reconciliation period. 3D: In this section, unless the context otherwise requires,— reconciliation period a: starts on,— i: if the notice of the election is given before the start of the child support year, the start of the child support year; or ia: if the notice of the election is given during or after the child support year under section 40(8) ii: otherwise, the first day of the month in which the notice is given; and b: ends with the close of— i: the last day of the month before any other immediately subsequent election period starts in relation to another election; or ii: otherwise, the last day of the child support year. 4: After comparing the result of the assessment done under subsection (1) with the results obtained under section 41 5: A reconciliation under this section is subject to any income amount order that applies during all or any part of an election period. Section 44 replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 44(1) replaced 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(1A) inserted 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(2) replaced 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3) replaced 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3A) inserted 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3B) inserted 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3C) inserted 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3D) inserted 1 April 2022 section 16 Child Support Amendment Act 2021 Section 44(3D) reconciliation period inserted 1 April 2022 section 236 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 44A: Determining income amount if no tax return filed 1: This section applies if the Commissioner cannot determine the person's actual income 2: Where this section applies, the Commissioner must determine that the amount to be treated as the person’s adjusted income for the purpose of the assessment under section 44(2) or (3B) 3: A determination under subsection (2) is final unless, within 28 days after the person receives notification from the Commissioner of the determination, the person— a: makes an objection under section 90 b: provides a return of income in respect of the relevant tax year to the Commissioner. 4: In subsection (2), reasonable cause section 37(3) Section 44A replaced 1 April 2015 section 13 Child Support Amendment Act 2013 Section 44A(1) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 44A(2) replaced 1 April 2022 section 17 Child Support Amendment Act 2021 Penalties for underestimation Heading repealed 25 February 2016 section 23 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 45: Penalty if estimated income less than 80% of actual income Section 45 repealed 25 February 2016 section 23 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 46: Interest to be charged on underestimations Section 46 repealed 24 July 1999 section 17(1) Child Support Amendment Act 1999 3: Voluntary agreements 47: Application of this Part 1: This Part applies where either— a: the parties to a voluntary agreement for child support in respect of a qualifying child; or b: the parties to a voluntary agreement for domestic maintenance want the Commissioner to administer the agreement in accordance with this Act. 2: The parties to a voluntary agreement for child support may be— a: the parents of the child; or b: a parent, or the parents, of the child and a carer 3: The parties to a voluntary agreement for domestic maintenance a: a married couple or civil union partners b: the parties to a marriage, civil union or de facto relationship that has ended c: persons who are the parents of a child but who have never been in a marriage or civil union with 4: If there is any other party to the agreement in relation to whom subsection (2) or subsection (3) does not apply, that party is to be disregarded for the purposes of the application of this Act to the voluntary agreement. 5: If the agreement is made in relation to any child other than a qualifying child, the other child is to be disregarded for the purposes of the application of this Act to the voluntary agreement. Child Support (Assessment) Act 1989 s 80 (Aust) Section 47(1)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 47(2)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 47(3) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 47(3)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 47(3)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 47(3)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 47(3)(c) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Qualifying voluntary agreements 48: Voluntary agreements that qualify for acceptance 1: A voluntary agreement qualifies for acceptance by the Commissioner under this Act only if— a: it is made either— i: by any of the parties referred to in section 47(2) a carer ii: by any of the parties referred to in section 47(3) b: those periodic payments are in weekly, fortnightly, or monthly instalments and at a readily determined annual rate; and c: each weekly instalment is not less than the minimum amount required by section 49 d: it is in writing and signed by the parties; and e: nothing in section 50 section 51 section 52 2: An agreement may qualify for acceptance whether it is entered into in or outside of New Zealand. 3: If the agreement also includes provisions of a kind not falling within subsection (1), those provisions do not have effect for the purposes of the application of this Act to the voluntary agreement. 4: An agreement entered into by a person who is a minor shall, for the purposes of this Act, have effect as if it were entered into by a person of full age. Section 48(1)(a)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 49: Minimum instalment required before agreement can be accepted 1: No voluntary agreement shall qualify for acceptance by the Commissioner under this Act unless each weekly instalment is not less than $10. 2: A document that contains more than 1 voluntary agreement for the purposes of this Act and that provides both— a: for payments towards the support of 1 or more qualifying children; and b: for payments towards the support of the other party,— shall not qualify for acceptance by the Commissioner under this Act unless— c: each weekly instalment in respect of the child or children is not less than $10; and d: each weekly instalment in respect of the other party is not less than $10. 3: Notwithstanding subsections (1) and (2), the Commissioner may treat an agreement as qualifying for acceptance if— a: 2 or more voluntary agreements are made by the same parties providing for payments to be made in respect of 1 or more qualifying children; and b: the sum of the weekly instalments payable under those agreements is not less than $10. 50: Exception where payee is UCB beneficiary Any voluntary agreement that provides for payments— a: that are towards the support of a qualifying child; and b: that are to be made to a person who is, or will be on the day on which the liability to make any such payment commences in terms of section 59 an unsupported child’s benefit for the qualifying child shall not qualify for acceptance by the Commissioner under this Act unless the annual rate at which those payments are to be made under the agreement is equal to or exceeds the annual rate that would be payable— c: if the liability were assessed under a formula assessment; and d: if the person by whom the payments are to be made were not entitled, under the formula assessment procedure, to make an election under section 40 Section 50 heading amended 1 July 2023 section 9(1) Child Support (Pass On) Acts Amendment Act 2023 Section 50(b) amended 1 July 2023 section 9(2) Child Support (Pass On) Acts Amendment Act 2023 51: Exception in respect of child support voluntary agreement where formula assessment applies Any voluntary agreement for child support shall not qualify for acceptance by the Commissioner under this Act if— a: a formula assessment of child support applies b: the Commissioner has not accepted an election under section 27 Section 51 heading amended 25 February 2016 section 24(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 51(a) amended 25 February 2016 section 24(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 51(b) replaced 25 February 2016 section 24(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 52: Exception in respect of spousal voluntary agreement where court order in force Any voluntary agreement for domestic maintenance Section 52 amended 26 April 2005 section 3 Child Support Amendment Act 2005 53: Dual-purpose voluntary agreements 1: If more than 1 voluntary agreement is made in the same document— a: in respect of the maintenance of 1 or more qualifying children or parties to the agreement: b: requiring payments by 2 or more parties to the agreement,— the document may be treated as if it contained a separate agreement made for each payee by each payer. 2: If the agreement is also made in relation to any child other than a qualifying child, the other child is to be disregarded for the purposes of the application of this Act to the voluntary agreement. Child Support (Assessment) Act 1989 s 87 (Aust) 54: Act not to affect other provisions of agreement Nothing in this Part shall affect the operation of a voluntary agreement in relation, as the case may be,— a: to any child other than a qualifying child; or b: to any party referred to in section 47(4) c: to any provisions referred to in section 48(3) Procedure on application for acceptance of voluntary agreements 55: Application requirements 1: An application for acceptance by the Commissioner of a voluntary agreement is properly made if— a: it is made in respect of a qualifying voluntary agreement; and b: it is signed— i: in the case of a domestic maintenance ii: in any other case, by both the person by whom any money is to be paid under the agreement and the person to whom that money is to be so paid; and c: the person by whom any money is to be paid, and the person to whom that money is to be paid, are both either New Zealand citizens or persons who are ordinarily resident in New Zealand; and d: it is made to the Commissioner in the appropriate approved form; and da: the tax file number (as defined in section YA 1 e: f: it is verified as required by the form of application; and g: it is accompanied by such documents (if any) as are required by the form of application to accompany the application. 2: Any document that accompanies the application must also be verified as required by the form of application. Child Support (Assessment) Act 1989 s 89 (Aust) Section 55(1)(b)(i) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 55(1)(da) inserted 7 October 1998 section 4(1) Child Support Amendment Act 1998 Section 55(1)(da) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 55(1)(e) repealed 24 July 1999 section 18 Child Support Amendment Act 1999 56: Dual applications If application is made on the same form for acceptance of 2 or more voluntary agreements made in relation to a qualifying child or 2 or more qualifying children (whether or not the agreements have been made in the same document), the form may be treated as if it contained separate applications for each of the agreements. Child Support (Assessment) Act 1989 s 90 (Aust) 57: Decision on application 1: The Commissioner shall accept a voluntary agreement if satisfied that the application is properly made. 2: The Commissioner may refuse to accept the agreement if not satisfied that the application is properly made. 3: In determining whether an application is properly made, the Commissioner— a: may act on the basis of the application and the documents accompanying the application and any other information in the Commissioner's possession; and b: is not required to conduct any enquiries or investigations into the matter. Child Support (Assessment) Act 1989 ss 91, 92 (Aust) 58: Consequences of Commissioner accepting voluntary agreement 1: If the Commissioner accepts a voluntary agreement that provides for payments of money by a liable parent towards the support of a qualifying child,— a: money payable in accordance with that agreement towards the support of that child is child support payable under this Act in relation to that child; and b: the annual rate of child support payable by the liable parent in any child support year shall be the annual rate specified in the agreement in respect of that year; and c: a person to whom the payments are to be made under the agreement is a person who is entitled to receive payment of child support in relation to the child in accordance with the agreement; and d: a person by whom the payments are to be made under the agreement is a person who is liable to make payments of child support in relation to the child in accordance with the agreement; and e: payment of child support is required to be made accordingly; and f: the provisions of this Act relating to the collection and payment of financial support by the Commissioner shall apply. 2: If the Commissioner accepts a voluntary agreement that provides for payments of money by one party to the agreement towards the support of another party to the agreement,— a: money payable in accordance with that agreement towards the support of that party is domestic maintenance b: the annual rate of domestic maintenance c: a person to whom the payments are to be made under the agreement is a person who is entitled to receive payment of domestic maintenance d: a person by whom the payments are to be made under the agreement is a person who is liable to make payments of domestic maintenance e: payment of domestic maintenance f: the provisions of this Act relating to the collection and payment by the Commissioner of financial support shall apply. Child Support (Assessment) Act 1989 s 93 (Aust) Section 58(2)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 58(2)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 58(2)(c) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 58(2)(d) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 58(2)(e) amended 26 April 2005 section 3 Child Support Amendment Act 2005 59: Commencement of liability under voluntary agreement Where the Commissioner accepts a voluntary agreement, the child support or, as the case may be, the domestic maintenance a: the day on which the application is received by the Commissioner; or b: if the application is refused under section 57(2) c: the day on which, in accordance with the agreement, payment is to commence. Section 59 amended 26 April 2005 section 3 Child Support Amendment Act 2005 Procedure after acceptance or refusal of voluntary agreements 60: Duty to give notice of decision 1: If the Commissioner accepts, or refuses to accept, a voluntary agreement, the Commissioner shall, as soon as practicable, notify each party to the agreement in writing of the decision. 2: The notice must include, or be accompanied by, a statement that specifically draws the attention of the parties to the agreement to the right to object under section 90 3: A contravention of subsection (2) in relation to a decision does not affect the validity of the decision. Child Support (Assessment) Act 1989 s 96 (Aust) 61: Duty to make assessment 1: The Commissioner shall,— a: as soon as practicable after the acceptance of a voluntary agreement,— i: assess the annual rate of child support payable by the liable parent or, as the case may be, assess the annual rate of domestic maintenance liable spouse or partner ii: where the application was made in the previous child support year, make such an assessment in relation to the previous child support year; and b: before, or as soon as practicable after, the start of each later child support year in which child support or domestic maintenance domestic maintenance liable spouse or partner 2: If the Commissioner accepts a voluntary agreement which requires the payment of child support to be made in relation to a qualifying child and child support is already payable in respect of the child under a formula assessment, the Commissioner shall, as soon as practicable after the acceptance of the voluntary agreement, take such action as is necessary to give effect to that agreement, whether by amending any assessment of child support that has been made in relation to the child or otherwise. 3: Every assessment shall be made in accordance with Part 5 Section 61(1)(a)(i) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 61(1)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Termination of liability to make payments under voluntary agreements 62: When payments under voluntary agreement cease to be payable 1: A party to a voluntary agreement that has been accepted by the Commissioner under this Act shall cease to be liable under this Act to make payments under the agreement from whichever is the earliest of the following days: a: in relation to an agreement for the payment of child support in respect of a qualifying child to a carer of the child i: the day that the agreement expires: ii: the day before the day on which the liable parent would cease to be liable to pay child support in respect of that child under section 25 iii: the day before the day on which the agreement ceases to qualify for acceptance by the Commissioner in terms of section 48 iv: the day before the day on which a notice of election under section 64 b: in relation to an agreement for the payment of domestic maintenance i: the day that the agreement expires: ii: the day before either party to the agreement becomes a person who is neither a New Zealand citizen nor a person who is ordinarily resident in New Zealand: iii: the day before the day on which a notice of election under section 64 iv: the day before the day either party dies. 2: Nothing in this section affects the contractual liability of any party to a voluntary agreement. Section 62(1)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 62(1)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Variation of voluntary agreements 63: Voluntary agreement may be varied 1: If a voluntary agreement that has been accepted by the Commissioner is varied by the parties, the variation shall have no effect for any purpose of this Act unless an application is made to the Commissioner for acceptance of the variation. 2: The application must be— a: made to the Commissioner in the appropriate approved form; and b: signed by both the person by whom any money is to be paid under the agreement and the person to whom that money is to be so paid; and c: verified as required in the form of application; and d: accompanied by such documents (if any) as are required by the form of application to accompany the application. 3: A document that accompanies the application must also be verified as required by the form of application. 4: The provisions of sections 56 to 61 Child Support (Assessment) Act 1989 s 97 (Aust) Miscellaneous provisions 64: Election to terminate liability under voluntary agreement 1: The person to whom child support or domestic maintenance domestic maintenance 2: The notice must be— a: in the appropriate approved form; and b: verified as required in the form of notice; and c: accompanied by such documents (if any) as are required by the form of notice to accompany the notice. 3: A document that accompanies the notice must also be verified as required by the form of notice. 4: If any such election is made,— a: nothing in this Part or any other provision of this Act shall apply to any money that becomes payable in accordance with the agreement after the date of the election; and b: any money payable in accordance with the agreement after the date of the election may, without prejudice to any mode of recovery, be recovered by any person in the District Court 5: An election made under subsection (1) shall be irrevocable. Section 64(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 64(4)(b) amended 1 March 2017 section 261 District Court Act 2016 65: Child support voluntary agreement no bar to application for formula assessment 1: The existence of a voluntary agreement shall not prevent any party Part 1 2: If a properly completed application for a formula assessment of child support in respect of the child to whom the agreement relates is completed, any person who, under the agreement, was a person to whom child support was payable is deemed— a: to have elected under section 64 b: to have met the requirements of section 64(2) and (3) Section 65(1) amended 1 April 2015 section 210(1) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 65(2) replaced 1 April 2015 section 210(2) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 66: Voluntary 1: The existence of a voluntary agreement that provides for payments of money by 1 party to the agreement towards the support of another party to the agreement shall not prevent that other party from applying under the Family Proceedings Act 1980 2: Where a maintenance order under that Act is made against a party to the agreement for the maintenance of another party to the agreement, that other party is deemed— a: to have elected under section 64 domestic maintenance b: to have met the requirements of subsections (2) and (3) of that section. Section 66 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 66(2)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 66A: Commissioner to give effect to orders made under Property (Relationships) Act 1976 If a court makes an order under section 32(2)(d) Section 66A inserted 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 4: Court maintenance orders made after 1 July 1992 67: Application of this Part This Part shall apply to— a: any maintenance order or interim maintenance order made under Part 6 b: any maintenance order made against any person by any court in a Commonwealth or designated country that has on or after 1 July 1992— i: been registered in New Zealand under the Family Proceedings Act 1980 ii: been confirmed in New Zealand under that Act (other than an order confirmed under section 139 c: any order made pursuant to section 78 section 81 d: any order made under Part 6 Part 8 section 145 68: Effect of certain court orders 1: Where any order to which this Part applies provides for payments towards the support of any child,— a: money payable in accordance with that order towards the support of that child is child support payable under this Act in relation to the child; and b: the annual rate of child support payable by the liable parent in any child support year shall, if the annual rate is specified in the order in respect of that year, be that annual rate; and c: a person to whom the payments are to be made under the order is a person who is entitled to receive payment of child support in relation to the child in accordance with the order; and d: a person by whom the payments are to be made under the order is a person who is liable to make payments of child support in relation to the child in accordance with the order; and e: payment of child support is required to be made accordingly; and f: the provisions of this Act relating to the collection and payment of financial support by the Commissioner shall apply. 2: Where any order to which this Part applies provides for payments towards the support of any person other than a child,— a: money payable in accordance with that order towards the support of that party is domestic maintenance b: the annual rate of domestic maintenance c: a person to whom the payments are to be made under the order is a person who is entitled to receive payment of domestic maintenance d: a person by whom the payments are to be made under the order is a person who is liable to make payments of domestic maintenance e: payment of domestic maintenance f: the provisions of this Act relating to the collection and payment by the Commissioner of financial support shall apply. Section 68(2)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 68(2)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 68(2)(c) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 68(2)(d) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 68(2)(e) amended 26 April 2005 section 3 Child Support Amendment Act 2005 69: Duty to make assessment 1: Where the Commissioner receives from the Registrar of any court a certified or sealed copy of an order to which this Part applies, or advice from the Chief Executive of the Ministry of Justice a: as soon as practicable after the receipt thereof,— i: assess the annual rate of child support or domestic maintenance ii: where the order came into force in the previous child support year, make such an assessment in relation to the previous child support year; and b: before, or as soon as practicable after, the start of each later child support year in which child support or domestic maintenance domestic maintenance 2: Where the annual rate of child support or domestic maintenance 3: Every assessment shall be made in accordance with Part 5 Section 69(1) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 69(1)(a)(i) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 69(1)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 69(2) amended 26 April 2005 section 3 Child Support Amendment Act 2005 70: Election that Commissioner is not to enforce order 1: The person to whom any money is payable in accordance with any order to which this Part applies may, by written notice given to the Commissioner, elect that the order be one to which this Part does not apply. 2: The notice must be— a: in the appropriate approved form; and b: verified as required in the form of notice; and c: accompanied by such documents (if any) as are required by the form of notice to accompany the notice. 3: If any such election is made,— a: nothing in this Part or any other provision of this Act shall apply to any money that becomes payable in accordance with the order after the date of the election; and b: any money payable in accordance with the order after the date of the election may, without prejudice to any mode of recovery, be enforceable in the same manner as a judgment given by the District Court in civil proceedings. 4: An election made under subsection (1) shall be irrevocable. 71: Period for which money payable under this Act Any money payable under this Act in accordance with an order to which this Part applies is payable in relation to the days in the period commencing on the later of— a: 1 July 1992; and b: the day on which the order comes into force,— and ending with the earlier of the following days: c: the day on which the order ceases to be in force; and d: the day on which an election made under section 70 5: Assessment of child support and domestic maintenance Part 5 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Minimum rate of child support or domestic maintenance Heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 72: Minimum rate of child support or domestic maintenance 1: The minimum annual rate at which the Commissioner shall assess— a: child support payable under a formula assessment by a liable parent in respect of all of his or her children is,— i: for the child support year commencing on 1 April 2013, $871: ii: for each later child support year, the minimum annual rate of child support under this paragraph for the immediately preceding child support year, adjusted by the applicable inflation percentage: b: child support payable by a liable parent to a receiving carer c: domestic maintenance 2: Subsection (1) applies notwithstanding anything to the contrary in any order of the court or in any voluntary agreement. Section 72 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 72(1)(a) replaced 1 April 2015 section 14(1) Child Support Amendment Act 2013 Section 72(1)(b) amended 1 April 2015 section 14(2) Child Support Amendment Act 2013 Section 72(1)(c) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Exemption in certain circumstances for prisoners and hospital patients Heading repealed 26 September 2006 section 15 Child Support Amendment Act 2006 73: Application for exemption by prisoner or hospital patient Section 73 repealed 26 September 2006 section 15 Child Support Amendment Act 2006 74: Effect of election Section 74 repealed 26 September 2006 section 15 Child Support Amendment Act 2006 75: End of exemption Section 75 repealed 26 September 2006 section 15 Child Support Amendment Act 2006 76: Prisoner Section 76 repealed 26 September 2006 section 15 Child Support Amendment Act 2006 Provisions relating to making of assessments 77: Assessment on basis of information supplied to Commissioner For the purpose of determining liability under a formula assessment, or making an assessment of child support or domestic maintenance Income Tax Act 2007 Tax Administration Act 1994 Child Support (Assessment) Act 1989 s 65 (Aust) Section 77 amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 77 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 77 amended 1 April 1995 Income Tax Act 1994 78: Assessment to relate to all children for whom child support payable Section 78 repealed 1 April 2015 section 34 Child Support Amendment Act 2013 79: Assessment to relate to whole or part of single child support year An assessment of child support or domestic maintenance Child Support (Assessment) Act 1989 s 68 (Aust) Section 79 amended 26 April 2005 section 3 Child Support Amendment Act 2005 80: Assessments for part of child support year In making an assessment of child support or domestic maintenance Child Support (Assessment) Act 1989 s 71 (Aust) Section 80 amended 26 April 2005 section 3 Child Support Amendment Act 2005 81: Notification requirements of 1: The Commissioner may, for the purposes of assessing the amount of child support payable under a formula assessment, by written notice given to a person who is a parent of a qualifying child a: to notify the Commissioner, in writing, of information relating to that person's living circumstances; and b: where that person is a taxpayer who derives no income other than reportable income described in section 22D(3) of the Tax Administration Act 1994 tax year i: supply a return of income for the last relevant tax year ii: supply an estimate of the income derived in the last relevant tax year iii: supply an estimate of the income expected to be derived in the child support year. 2: Where the person person section 40 3: Section 81 heading amended 1 April 2015 section 211 Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 81(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 81(1)(b) amended 1 April 2019 section 324 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 81(1)(b) amended 1 April 2016 section 239 Taxation (Annual Rates, Returns Filing, and Remedial Matters) Act 2012 Section 81(1)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 81(1)(b) amended 10 May 1996 Income Tax Act 1994 Amendment Act 1996 Section 81(1)(b)(i) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 81(1)(b)(ii) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 81(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 81(3) repealed 1 April 2015 section 34 Child Support Amendment Act 2013 81A: Amendments of assessments arising from living circumstances existing at time when assessment begins 1: This section applies if— a: the Commissioner made an assessment on the basis that certain living circumstances existed at the time when the assessment begins; and b: the recipient of the assessment advises the Commissioner— i: that those circumstances did not exist at that time; and ii: of the relevant living circumstances that did exist at that time; and c: section 82 2: The Commissioner may backdate any amendment made under section 87 3: The Commissioner may also backdate any amendment made under section 87 a: is a liable parent, and the backdating has the effect of increasing the amount of the parent’s child support liability: b: is a receiving carer, and the backdating has the effect of decreasing the amount of child support payable in respect of that carer. 4: However, the Commissioner may only backdate any amendment made under section 87 a: the recipient has provided to the Commissioner such supporting documentation as the Commissioner requires; and b: the Commissioner is satisfied that— i: the assessment was made on the basis that certain living circumstances existed at the time when the assessment begins that did not in fact exist at that time; and ii: the relevant living circumstances advised by the recipient did exist at that time. 5: Otherwise, an amendment of the assessment under section 87 Section 81A replaced 30 March 2022 section 237 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 82: Parents and receiving carers to advise Commissioner of changes 1: For the purpose of enabling the Commissioner to make or amend a calculation of child support payable in respect of a child in any child support year under a formula assessment, every parent and every receiving carer of the child must advise the Commissioner of any change in the parent's or carer's living circumstances occurring during the child support year that affects, or may affect, any of the following: a: in relation to parents and non-parent carers, the determination of the person's care cost percentage: b: in relation only to parents, the following: i: the person's appropriate living allowance: ii: the application or calculation of any dependent child allowance (if any): iii: the application or calculation of any person's multi-group allowance (if any): iv: the application or calculation of any person's multi-group cap (if applicable). 2: If the Commissioner is satisfied that a relevant change of living circumstances has occurred, the change is to be treated as having occurred— a: on the date on which the change occurred, in any of the following cases: i: in relation to a liable parent, where the change has the effect of increasing the amount of the parent's child support liability: ii: in relation to a receiving carer, where the change has the effect of decreasing the amount of child support payable in respect of that carer: iii: where notice of the change is received by the Commissioner within 28 days after the date on which the change occurred; or b: on the date on which the Commissioner receives notice of the change, in either of the following cases (unless paragraph (a)(iii) applies): i: in relation to a liable parent, where the change has the effect of decreasing the amount of the parent's child support liability: ii: in relation to a receiving carer, where the change has the effect of increasing the amount of child support payable in respect of that carer. 3: Every notification of a change must be accompanied by such documentation as the Commissioner requires. 4: The Commissioner may disregard subsection (2), and may determine the date on which a particular change in living circumstances is to be treated as having occurred, in any case where 2 or more people give notice under this section relating to the same change, and the application of subsection (2) would result in the same change having to be treated as having occurred on different days in relation to different people. Section 82 replaced 1 April 2015 section 15 Child Support Amendment Act 2013 83: Evidence relating to assessments 1: The production of a notice of assessment, or a document signed by the Commissioner or an officer of the Department sections 91 to 95 2: The production of a document signed by the Commissioner or an officer of the Department Child Support (Assessment) Act 1989 s 70 (Aust) Section 83(1) amended 23 September 1997 section 4(1) Child Support Amendment Act (No 3) 1997 Section 83(2) amended 23 September 1997 section 4(2) Child Support Amendment Act (No 3) 1997 84: Validity of assessments Except in an objection under sections 91 to 95 Child Support (Assessment) Act 1989 s 72 (Aust) 85: Assumptions as to future events In assessing the annual rate at which child support or domestic maintenance Child Support (Assessment) Act 1989 s 73 (Aust) Section 85 amended 26 April 2005 section 3 Child Support Amendment Act 2005 86: Commissioner to give effect to changed circumstances 1: Where child support is payable in respect of a qualifying child and the Commissioner is notified, or otherwise becomes aware,— a: that the liability of a liable parent to pay child support to a carer in respect of the child has ceased in accordance with section 25 62 b: that an event or change of circumstances has occurred that alters the respective liability or entitlement of any parent or carer of the qualifying child,— the Commissioner shall, as soon as practicable, take such action as is necessary to take account of the event or change in circumstances (whether by amending any assessment or otherwise). 2: Where domestic maintenance liable spouse or partner a: payment is to cease, or the rate of payment is to reduce, on a particular day in accordance with that agreement or order; or b: the Commissioner is notified, or otherwise becomes aware,— i: of the death of either party to the agreement; or ii: that an event or change of circumstances has occurred that affects the annual rate at which domestic maintenance the Commissioner shall, as soon as practicable, take such action as is necessary to take account of the event or change in circumstances (whether by amending any assessment or otherwise). 3: Nothing in subsection (1) or subsection (2) is to be taken to prevent the Commissioner from taking such action as the Commissioner considers appropriate to take account of the likely occurrence of an event or change of circumstances of which the Commissioner is notified or otherwise becomes aware (whether by amending any assessment or otherwise). Child Support (Assessment) Act 1989 s 74 (Aust) Section 86(1)(a) replaced 1 April 2015 section 16 Child Support Amendment Act 2013 Section 86(1)(b) replaced 1 April 2015 section 16 Child Support Amendment Act 2013 Section 86(2) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 86(2)(b)(ii) amended 26 April 2005 section 3 Child Support Amendment Act 2005 87: Amendment of assessments 1: The Commissioner may, at any time, amend any assessment by making such alterations and additions as the Commissioner considers necessary to give effect to this Act. 2: Subsection (1) has effect despite the fact that— a: child support or, as the case may be, domestic maintenance b: the child support year, or the part of the child support year, to which the assessment relates has ended; or c: proceedings are pending in a court having jurisdiction under this Act against or in relation to the assessment. 3: Without limiting subsection (1), the Commissioner may amend any assessment for the purpose of— a: correcting any error or mistake (whether or not made by the Commissioner); or b: correcting the effect of any false or misleading statement made to the Commissioner; or c: giving effect to the happening of an event or change of circumstances to which the provisions of section 86 d: giving effect to a da: giving effect to Part 5A e: giving effect to the acceptance of a voluntary agreement by the Commissioner; or ea: giving effect to a determination of the Commissioner under Part 6A or 6B f: giving effect to a decision or order of a court under Part 7 4: Where a provision of this Act expressly authorises the Commissioner to amend an assessment, that provision does not by implication limit the power of the Commissioner (whether under this section or otherwise) to amend the assessment. 5: Except as otherwise expressly provided in this Act, every amended assessment is to be taken to be an assessment for all the purposes of this Act. 6: In any case where— a: child support or domestic maintenance b: the Commissioner is satisfied that the matter giving rise to the increase did not result from any neglect or default by the person who is required to pay that child support or that domestic maintenance that person— c: shall pay by the due date the amount that would have been payable if the increase had not taken effect; and d: shall pay the amount of the increase within 30 days after the date of the amended assessment,— and the Commissioner shall fix that date as the new due date for payment. 7: This section is subject to section 87A Child Support (Assessment) Act 1989 s 75 (Aust) Section 87(2)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 87(3)(d) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 87(3)(da) inserted 26 September 2006 section 16(1) Child Support Amendment Act 2006 Section 87(3)(ea) inserted 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 87(3)(ea) amended 26 September 2006 section 16(2) Child Support Amendment Act 2006 Section 87(6)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 87(6)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 87(7) inserted 26 October 2021 section 19 Child Support Amendment Act 2021 87A: Four-year time bar for amendment of certain assessments 1: Despite section 87 a: before the expiry of the fourth child support year after the end of the child support year to which the assessment relates b: as a result of information or an application that was received by the Commissioner before the expiry of that fourth child support year; or c: if an exception in subsection (2) or (3) applies. 2: An exception applies if— a: the Commissioner is of the opinion that information provided by a person is fraudulent or wilfully misleading; or b: the Commissioner is of the opinion that information provided by a person does not mention income that is of a particular nature, or that was derived from a particular source, and in respect of which information is required to be provided; or c: an assessment is made under subpart 4 3: An exception also applies if— a: a liable person, child, or payee to whom the assessment relates has died; or b: a person is not a parent of the child; or c: reassessment is necessary to avoid double liability of a liable person who has paid , or is liable to pay, d: a court order is received that applies to an earlier period; or e: a new assessment is made in relation to a qualifying child (for example, because a paternity order is provided) and it results in a reassessment of an existing child support assessment in relation to another qualifying child or children; or f: the Commissioner did not meet the requirements of section 88 section 89 notification); or g: the Commissioner has made a determination under Part 6A section 96B section 96BA 4: This section does not otherwise restrict rights in respect of review, objection, or appeal under other Parts of this Act. 1994 No 166 s 108 Section 87A inserted 26 October 2021 section 20 Child Support Amendment Act 2021 Section 87A(1)(a) amended 30 March 2022 section 238(1) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 87A(3)(c) amended 30 March 2022 section 238(2) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 87A(3)(f) amended 30 March 2022 section 238(3) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 87A(3)(g) inserted 30 March 2022 section 238(4) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 88: Notice of assessment of formula assessment of child support 1: The Commissioner must give written notice (a notice of assessment a: as soon as practicable after making an assessment under section 29 b: after making any assessment that changes— i: the amount of child support payable by a liable parent in respect of the child; or ii: the respective amounts payable in respect of different receiving carers; and c: at the beginning of each later child support year. 2: As a minimum, the notice of assessment must set out, in relation to each qualifying child to whom the notice relates, the matters identified in section 88A 2A: However, in no case may a notice of assessment reveal any more detail about another person who is a parent or carer than the person’s name (subject to subsection (5)) and, in relation to a qualifying child, the person’s proportion of care and care cost percentage. 3: Without limiting subsection (2), the notice of assessment must contain sufficient information to enable the recipient to exercise his or her rights to object under section 90 91 3A: Any notice of assessment to which section 81A(2) begins 4: The notice must also include, or be accompanied by, statements that specifically draw to the attention of the recipient the recipient's right to— a: object under section 90 91 b: apply to the Commissioner under Part 6A c: apply to the Family Court Part 7 5: Despite anything in this section, the Commissioner may omit from a notice of assessment or any related communication the name of any parent or carer if— a: he or she is satisfied that revealing the name to the recipient of the notice would be prejudicial to the safety of any parent, carer, or child; or b: the parent is deceased, or is a parent in respect of whom an assessment has not been made. Section 88 replaced 1 April 2015 section 17 Child Support Amendment Act 2013 Section 88(2) replaced 25 February 2016 section 25 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88(2A) inserted 25 February 2016 section 25 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88(3A) inserted 26 October 2021 section 21 Child Support Amendment Act 2021 Section 88(3A) amended 30 March 2022 section 239 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 88(4)(c) amended 1 March 2017 section 261 District Court Act 2016 88A: Details in notices of assessments 1: The matters referred to in section 88(2) a: the child's first names and date of birth: b: the names of the child's other parent (subject to section 88(5) c: the names of any non-parent receiving carers of the child (subject to section 88(5) d: the proportion of ongoing daily care that the Commissioner has established (under section 14 e: the care cost percentage of the liable parent in relation to the child, as determined under section 16 f: the liable parent's adjusted income or such other details as the Commissioner considers appropriate of any income of the liable parent taken into account in making the assessment g: the first names and date of birth of every dependent child (as defined in section 35B(3) sum of any dependent child allowances to which the liable parent is entitled h: the amount of any multi-group allowance to which the liable parent is entitled: i: the liable parent's child support income amount in relation to the child: j: the combined child support income amounts of the liable parent and the child's other parent, in relation to the child: k: the liable parent's income percentage in relation to the child. 2: The matters referred to in section 88(2) a: the child's first names and date of birth: b: the names of the child's liable parent or parents, and of any other parents (subject to section 88(5) c: the names of any non-parent receiving carers of the child (subject to section 88(5) d: the proportion of ongoing daily care that the Commissioner has established (under section 14 e: the care cost percentage of the parent in relation to the child, as determined under section 16 f: the parent's adjusted income or such other details as the Commissioner considers appropriate of any income of the parent taken into account in making the assessment g: the first names and date of birth of every dependent child (as defined in section 35B(3) sum of any dependent child allowances to which the parent is entitled h: the amount of any multi-group allowance to which the parent is entitled: i: the parent's child support income amount in relation to the child: j: the combined child support income amounts of the parent and all the child's other parents in relation to the child: k: the parent's income percentage in relation to the child. 3: The matters referred to in section 88(2) a: the child's first names and date of birth: b: the names of the child's liable parent or parents, and any other parent (subject to section 88(5) c: the names of any other non-parent receiving carers of the child (subject to section 88(5) d: the proportion of ongoing daily care that the Commissioner has established (under section 14 e: the care cost percentage of the carer in relation to the child, as determined under section 16 f: the expenditure on each child for whom the carer provides care, as determined by the relevant child expenditure table: g: the amount of child support payable by the child's liable parents in respect of the carer. Section 88A inserted 1 April 2015 section 17 Child Support Amendment Act 2013 Section 88A(1) amended 25 February 2016 section 26(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(1)(f) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 88A(1)(f) amended 25 February 2016 section 26(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(1)(g) amended 25 February 2016 section 26(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(2) amended 25 February 2016 section 26(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(2)(f) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 88A(2)(f) amended 25 February 2016 section 26(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(2)(g) amended 25 February 2016 section 26(6) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 88A(3) amended 25 February 2016 section 26(7) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 89: Notification by Commissioner to other payers and payees 1: The Commissioner must give written notice under this section to every person who is required under this Act to make payments, and every person entitled under this Act to receive payments, of— a: domestic maintenance; or b: child support under a voluntary agreement; or c: child support under a court order. 2: The notice must set out— a: the amount of domestic maintenance or child support payable; and b: the name of the payer and the payee; and c: in the case only of a notice relating to child support, the name of each child in respect of whom payment is to be made. 3: The notice must be given— a: as soon as practicable after determining the amount payable in respect of a child support year; and b: after making any assessment that changes the amount payable. 4: The notice must contain sufficient information to enable the recipient to exercise his or her rights to object under section 90 91 5: The notice must also include, or be accompanied by, statements that specifically draw to the attention of the recipient his or her right to— a: object under section 90 91 b: apply to the Family Court Part 7 Section 89 replaced 1 April 2015 section 17 Child Support Amendment Act 2013 Section 89(5)(b) amended 1 March 2017 section 261 District Court Act 2016 5A: Exemptions Part 5A inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 1: Outline and definitions Subpart 1 inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89A: Outline 1: This Part provides for exemptions from the payment of financial support in the following cases: a: for hospital patients, in respect of periods of long-term hospitalisation, if certain income criteria are met: aa: for persons suffering from long-term periods of illness, if certain income criteria are met: b: for prisoners, in respect of periods of long-term imprisonment, if certain income criteria are met: c: for liable parents under the age of 16 years, if certain income criteria are met: d: for victims of sex offences, regardless of income. 2: This Part also allows the Commissioner to make determinations in relation to exemptions granted under this Act (except exemptions for victims of sex offences). 3: This section is intended only as a guide to the general scheme and effect of this Part. Section 89A inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89A(1)(aa) inserted 26 October 2021 section 22 Child Support Amendment Act 2021 89B: Definitions for this Part In this Part, unless the context otherwise requires,— exempted person hospital patient a: a patient in a hospital care institution within the meaning of section 58(4) b: a resident in a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017 c: a person in an overseas jurisdiction who is equivalent to a patient referred to in paragraph (a) or to a resident referred to in paragraph (b) income a: has the same meaning as in section YA 1 b: includes gross income (within the meaning of section OB 1 of the Income Tax Act 1994 and the Income Tax Act 2004 Income Tax Act 1976 long-term period of hospitalisation a: means the continuous period during which a person is a hospital patient; and b: includes any lawful absence of the person from the hospital for not more than 7 days, or any other period that is, in the opinion of the Commissioner, reasonable in the circumstances of the case period of illness period of imprisonment a: means the continuous period during which a person is a prisoner; and b: includes any lawful absence of the person from the prison for not more than 7 days, or any other period that is, in the opinion of the Commissioner, reasonable in the circumstances of the case prisoner a: in the legal custody of the Superintendent of any penal institution as defined in the Penal Institutions Act 1954 b: in legal custody under the Corrections Act 2004 c: in legal custody in an overseas jurisdiction that is equivalent to legal custody referred to in paragraph (a) or (b) relevant minimum annual rate of financial support a: for an exemption from child support payable under a formula assessment or under an order under section 109 section 72(1)(a) b: for an exemption from any other child support payable under this Act or from domestic maintenance, $520 Section 89B inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89B hospital patient replaced 1 April 2021 section 23(1) Child Support Amendment Act 2021 Section 89B hospital patient inserted 26 October 2021 section 23(2) Child Support Amendment Act 2021 Section 89B income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 89B income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 89B period of illness inserted 26 October 2021 section 23(3) Child Support Amendment Act 2021 Section 89B prisoner inserted 26 October 2021 section 23(4) Child Support Amendment Act 2021 Section 89B social security benefit repealed 1 July 2023 section 10 Child Support (Pass On) Acts Amendment Act 2023 2: Exemptions for hospital patients, persons suffering from long-term periods of illness, Subpart 2 inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Subpart 2 heading amended 26 October 2021 section 24 Child Support Amendment Act 2021 Exemption for hospital patients and persons suffering from long-term periods of illness Heading inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Heading amended 26 October 2021 section 25 Child Support Amendment Act 2021 89C: Exemption for long-term hospital patients 1: A liable person is eligible for an exemption from the payment of financial support for the whole, or part, of a long-term period of hospitalisation of that person if— a: the person's income for that whole period, or that part, will be or was nil, or will be or was calculated only from income consisting solely of— i: income from investments; or ii: a social security benefit payable to the person at the rate specified in Part 12 or an equivalent benefit in an overseas jurisdiction b: the person's income from investments (if any) during that whole period, or that part, did not or will not— i: exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and ii: if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period or that part, the relevant minimum annual rate of financial support; and c: the person applies for the exemption in accordance with section 89H 1A: For the purposes of subsection (1)(a), a liable person's income during a period of long-term hospitalisation does not include any amounts received by the person during that hospitalisation for, or in respect of, any time up to and including the day on which the period of hospitalisation began. 2: This section is subject to sections 89F 89G Section 89C inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89C(1)(a)(ii) amended 26 October 2021 section 26 Child Support Amendment Act 2021 Section 89C(1)(a)(ii) amended 26 November 2018 section 459 Social Security Act 2018 Section 89C(1A) inserted 1 April 2014 section 18 Child Support Amendment Act 2013 89CA: Exemption for persons suffering from long-term periods of illness 1: A liable person is eligible for an exemption from the payment of financial support for the whole, or a part, of a long-term period of illness of that person if— a: the person’s income for that whole period, or that part, will be, or was, nil or will be, or was, calculated only from income consisting solely of income from investments; and b: the person’s income from investments (if any) during that whole period, or that part, did not, or will not,— i: exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and ii: if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period, or that part, the relevant minimum annual rate of financial support; and c: the long-term period of illness results in the person being unable to engage in paid work; and d: the person applies for the exemption in accordance with section 89H 2: For the purposes of subsection (1)(a), a liable person’s income during a long-term period of illness does not include any amounts received by the person during that period for, or in respect of, any time up to and including the day on which the long-term period of illness began. 3: This section is subject to sections 89F 89G Section 89CA inserted 26 October 2021 section 27 Child Support Amendment Act 2021 Exemption for prisoners Heading inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89D: Exemption for long-term prisoners 1: A liable person is eligible for an exemption from the payment of financial support for the whole, or part, of a long-term period of imprisonment of that person if— a: the person’s income for the whole period, or that part, will be or was nil or will include or included no income other than income from— i: investments: ii: employment under section 66 or equivalent employment in an overseas jurisdiction b: the person's income from investments (if any) during that whole period, or that part, did not or will not— i: exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and ii: if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period or that part, the relevant minimum annual rate of financial support; and c: the person applies for the exemption in accordance with section 89H 1A: For the purposes of subsection (1)(a), a liable person's income during a period of long-term imprisonment does not include any amounts received by the person during that imprisonment for, or in respect of, any time up to and including the day on which the period of imprisonment began. 2: This section is subject to sections 89F 89G Section 89D inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89D(1)(a) replaced 29 March 2018 section 404 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 89D(1)(a)(ii) amended 26 October 2021 section 28 Child Support Amendment Act 2021 Section 89D(1A) inserted 1 April 2014 section 19 Child Support Amendment Act 2013 Exemption for persons under 16 years Heading inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89E: Exemption for persons under 16 years 1: A liable parent is eligible for an exemption from the payment of child support for the whole, or part, of the period before that person turned or turns 16 if— a: the person's income for that whole period, or that part, will be or was nil, or will be or was calculated only from income consisting solely of income from investments; and b: the person's income from investments (if any) during that whole period, or that part, did not or will not— i: exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and ii: if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period or that part, the relevant minimum annual rate of financial support; and c: the person applies for the exemption in accordance with section 89H 2: This section is subject to sections 89F 89G Section 89E inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Restrictions on application of exemptions Heading inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89F: Exemption does not apply at any time during child support year if income criteria not met at any time during relevant period 1: An exemption under this subpart does not apply at any time during the whole of a child support year if,— a: at any time during the relevant period,— i: in the case of an exemption under section 89C (subject to section 89C(1A)) the rate specified in Part 12 or an equivalent benefit in an overseas jurisdiction ia: in the case of an exemption under section 89CA section 89CA(2) ii: in the case of an exemption under section 89D 89E section 66 b: the person receives income from investments during the relevant period that— i: exceeds, if the relevant period is less than a full child support year in duration, an average amount per week in the relevant period that is equal to the relevant minimum annual rate of financial support, divided by 52; or ii: exceeds, if the relevant period is a full child support year in duration, the relevant minimum annual rate of financial support. 2: However, in the case of an exemption under section 89C 2A: Also, in the case of an exemption under section 89CA 3: For the purposes of this section,— higher rate benefit the rate specified in Part 12 relevant period a: in the case of an exemption under section 89C aa: in the case of an exemption under section 89CA b: in the case of an exemption under section 89D c: in the case of an exemption under section 89E Section 89F inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89F(1)(a)(i) amended 26 October 2021 section 29(1) Child Support Amendment Act 2021 Section 89F(1)(a)(i) amended 26 November 2018 section 459 Social Security Act 2018 Section 89F(1)(a)(i) amended 1 April 2014 section 19A(1) Child Support Amendment Act 2013 Section 89F(1)(a)(ia) inserted 26 October 2021 section 29(2) Child Support Amendment Act 2021 Section 89F(1)(a)(ii) replaced 26 October 2021 section 29(3) Child Support Amendment Act 2021 Section 89F(2A) inserted 26 October 2021 section 29(4) Child Support Amendment Act 2021 Section 89F(3) higher rate benefit amended 26 November 2018 section 459 Social Security Act 2018 Section 89F(3) relevant period inserted 26 October 2021 section 29(5) Child Support Amendment Act 2021 89G: Other restrictions on application of exemptions 1: An exemption under this subpart does not apply at any time after— a: the day on which the relevant period of hospitalisation ends (in the case of an exemption under section 89C aa: the day on which the relevant period of illness ends (in the case of an exemption under section 89CA b: the day on which the relevant period of imprisonment ends (in the case of an exemption under section 89D c: the day on which the person turns 16 (in the case of an exemption under section 89E 2: An exemption under this subpart does not apply to a period if the liable person is not eligible, or ceases to be eligible, for that exemption in relation to that period. 3: If an application for an exemption under— a: section 89C section 89H aa: section 89CA section 89H b: section 89E section 89H Section 89G inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89G(1)(aa) inserted 26 October 2021 section 30(1) Child Support Amendment Act 2021 Section 89G(3)(aa) inserted 26 October 2021 section 30(2) Child Support Amendment Act 2021 Application and grant of exemptions under this subpart Heading inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89H: Applications for exemptions under this subpart 1: An application for an exemption under this subpart must— a: be in the appropriate approved form; and b: be given to the Commissioner before— i: the expiry of 3 months after the day on which the relevant period of hospitalisation ends (in the case of an application for an exemption under section 89C ia: the expiry of 3 months after the day on which the relevant period of illness ends (in the case of an application for an exemption under section 89CA ii: the relevant period of imprisonment ends (in the case of an application for an exemption under section 89D iii: the expiry of 3 months after the day on which the person turns 16 (in the case of an application for an exemption under section 89E c: specify the person's estimate of his or her weekly and total income for the periods specified on the form; and ca: in the case of an application for an exemption under section 89CA i: has a long-term period of illness; and ii: is unable to engage in paid work as a result of the long-term period of illness; and d: include the information that the approved form requires to be included. 2: An application for an exemption under— a: section 89C aa: section 89CA b: section 89D c: section 89E Section 89H inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89H(1)(b)(ia) inserted 26 October 2021 section 31(1) Child Support Amendment Act 2021 Section 89H(1)(ca) replaced 30 March 2022 section 240 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 89H(2)(aa) inserted 26 October 2021 section 31(3) Child Support Amendment Act 2021 89I: Grant of exemption under this subpart 1: The Commissioner must, as soon as practicable after receiving an application for an exemption under this subpart in respect of a liable person, exempt the person from the payment of financial support under this Act for a period or periods if the Commissioner is satisfied that— a: the application is made in accordance with section 89H b: the estimates of income provided with the application are fair and reasonable; and c: the person is eligible for an exemption under this subpart in relation to that period or those periods; and d: the exemption is not prevented from applying to that period or those periods in accordance with section 89F 89G 2: In deciding under subsection (1) whether to grant an exemption to a person in relation to a future period, the Commissioner may act on the basis— a: that the person's income in that future period will be in accordance with the estimates provided in or with the application if the Commissioner is satisfied that the estimates are fair and reasonable; and b: of any other assumptions as to future events that, in the opinion of the Commissioner, are reasonable in the circumstances of the case. Section 89I inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89J: Exempted person not entitled to refund 1: In this section, exemption excess 2: A person who has been granted an exemption under this subpart— a: is not entitled to a refund of the exemption excess; and b: is not entitled to recover the exemption excess from the payee under section 207 3: Nothing in sections 216 to 216D 4: The Commissioner must, as soon as practicable after granting an exemption under this subpart, take the action that is necessary to— a: give effect to subsection (2)(a); and b: ensure that a refund of the exemption excess is not paid, and does not become payable, to the person concerned. 5: The Commissioner's power to take action under subsection (4) includes, without limitation, the power to do any of the following: a: apply the exemption excess (in whole or in part) to any unpaid financial support, unpaid penalty, or other charge imposed under this Act in relation to the person concerned: b: hold the exemption excess (in whole or in part) and apply the amount held at some future time to a liability of the person concerned to make further payments of financial support: c: amend any assessment. Section 89J inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 3: Determinations in relation to exemptions for hospital patients, persons suffering from long-term periods of illness, Subpart 3 inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Subpart 3 heading amended 26 October 2021 section 32 Child Support Amendment Act 2021 89K: Commissioner may make determinations in relation to exemptions 1: The Commissioner may, in accordance with this subpart, make a determination having the effect that a specified exemption does not apply, or ceases to apply, in relation to the whole or a part of a period for which it was granted. 2: The Commissioner may, in accordance with this subpart, make a determination having the effect that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child if the Commissioner has made, or intends to make, a determination under subsection (1). 3: For the purposes of this subpart, specified exemption a: an exemption granted under subpart 2 b: an exemption granted under section 74 Section 89K inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89L: Application for determination 1: A payee may, by written application, ask the Commissioner to make a determination under this subpart. 2: An application under this section must set out the grounds on which the application is made. 3: The parties to the application are the liable person and the payee. 4: The determinations that the Commissioner may make under this subpart are not limited by the terms of the application. Section 89L inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89L(4) inserted 25 February 2016 section 27 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 89M: Determination that exemption does not apply or ceases to apply or determination confirming exemption 1: Subject to this subpart, the Commissioner may make a determination that a specified exemption does not apply, or ceases to apply, in relation to the whole or a part of a period for which it was granted if— a: an application is made to the Commissioner under section 89L b: the Commissioner is satisfied that the application in relation to the payee, the child, or both of the provisions of this Act relating to that exemption would result in an unjust and inequitable determination of the level of financial support to be provided by the liable person because of the income, earning capacity, property, and financial resources of the liable person. 2: If the Commissioner makes a determination under subsection (1) that a specified exemption does not apply, or ceases to apply, in relation to the whole or a part of a period for which it was granted, the liable person is liable to pay in relation to that whole or part of a period— a: the amount of financial support that would otherwise have been payable but for the granting of the specified exemption; or b: the amount of financial support determined in accordance with section 89N 3: The following provisions apply, with necessary modifications, as if a determination under subsection (1) were an order: a: section 106(4) b: section 107 c: section 119(1)(a) 4: The Commissioner may make a determination confirming that the specified exemption continues to apply to the whole or a part of a period for which it was granted if the Commissioner does not make a determination under subsection (1) in relation to that whole or part of a period. Section 89M inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89N: Determination that provisions of Act relating to formula assessment of child support will be departed from 1: Subject to this subpart, the Commissioner may make a determination that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child if— a: the Commissioner has made, or intends to make, a determination under section 89M b: the Commissioner is satisfied that— i: the application in relation to the receiving carer ii: a determination under this section would be— A: just and equitable as regards the child, the receiving carer B: otherwise proper. 2: Section 105(4) to (6) a: any reference in those subsections to the court were a reference to the Commissioner; and b: any reference in those subsections to an order were a reference to a determination under this section. 3: The Commissioner may make as a determination under this section any decision that the court could make as an order under section 106(1) a: section 98 b: section 106(2) to (4) c: section 107 d: section 119(1)(a) Section 89N inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89N(1)(b)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 89N(1)(b)(ii)(A) amended 1 April 2015 section 34 Child Support Amendment Act 2013 89O: Reasons for determination 1: The Commissioner must give all 2: A contravention of subsection (1) in relation to a determination does not affect the validity of the determination. Section 89O inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89O(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 89P: Commissioner may refuse to make determination because issues too complex 1: If the Commissioner is satisfied, at any time after considering an application under this subpart, that the issues raised by the application are too complex to be dealt with under this subpart, the Commissioner may refuse to make the determination without taking any further action under this subpart. 2: The Commissioner must give the applicant, in writing, the reasons for refusing to make the determination. Section 89P inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89Q: Application disclosing no grounds for making determination: how dealt with 1: If the Commissioner is satisfied, after considering an application under this subpart, that there are no grounds for making a determination under this subpart, the Commissioner may refuse to make the determination without taking any further action under this subpart. 2: The Commissioner must give the applicant, in writing, the reasons for refusing to make the determination. Section 89Q inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89R: Other party to be notified 1: The Commissioner must notify the other party to the application under this subpart— a: that an application has been made; and b: that he or she may request a copy of the application and any accompanying documentation from the Commissioner; and c: that he or she may make any representation (in this subpart called a reply 2: Any reply to an application must— a: be in writing; and b: be filed with the Commissioner— i: within 14 days after the date on which the copy of the application and accompanying documentation is sent to the other party; or ii: if no request is made for a copy of the application, within 14 days after the date on which the notification is sent. 3: The Commissioner must send a copy of the reply and any accompanying documentation to the applicant. 4: Nothing in this section applies if the Commissioner refuses to make a determination under section 89P 89Q 89U Section 89R inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89S: Procedure for dealing with application 1: In making a decision under this subpart in relation to an application, the Commissioner— a: may act on the basis of the application and the reply (if any) and any other information in the Commissioner's possession; and b: may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter. 2: The Commissioner must give an opportunity to the applicant and the other party to the application to be heard by the Commissioner if they so wish. 3: Nothing in subsection (2)— a: empowers the Commissioner to compel a party to an application to appear before the Commissioner in the presence of the other party; or b: applies if the Commissioner refuses to make a determination under section 89P 89Q 89U 4: Despite subsection (2), if the other party to the application fails to file a reply or does not file a reply within the prescribed time, the Commissioner may refuse to hear that party. 5: Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, is to be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence. 6: Nothing in section 125 Section 89S inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89T: Circumstances in which representation or assistance at hearing may be approved 1: The following parties may be represented by a representative who is approved by the Commissioner: a: the liable person: b: the Crown, if the representative is an officer or employee of the Crown: c: a minor, or other person under disability: d: any other person, if the Commissioner is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately. 2: No other party is entitled to be represented at a hearing by a representative unless it appears to the Commissioner to be proper in all the circumstances to so allow, and the Commissioner approves the representative. 3: No person proposed as a party's representative may be approved unless the Commissioner is satisfied that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party. 4: The Commissioner may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Commissioner to be proper in all the circumstances to so permit, and the Commissioner approves the person. 5: No person approved by the Commissioner under subsection (4) is entitled to be heard at the hearing, and the Commissioner may exclude the person from the hearing at any time. 6: The Commissioner must not approve as a representative under subsection (1) or (2), or approve under subsection (4), any person who is, or has been, enrolled as a barrister and solicitor or who, in the opinion of the Commissioner, is or has been, regularly engaged in advocacy work before other tribunals. 7: If the Commissioner approves any person under subsection (1), (2), or (4), the Commissioner may impose in respect of the appointment or approval any conditions that the Commissioner considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval. Section 89T inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89U: Subsequent applications 1: If a determination has been made under this subpart in respect of an exemption, another application may be made under this subpart in respect of that exemption only if the Commissioner, in his or her discretion, is satisfied, after considering the matters referred to in subsection (2), that a new matter has been submitted in support of the application that was not submitted in support of the previous application. 2: The matters to be considered are— a: the current application and any accompanying documentation; and b: the previous application and any accompanying documentation and any matter taken into account by the Commissioner in considering the previous application. 3: If the Commissioner is not satisfied of the matter referred to in subsection (1), the Commissioner may refuse to make a determination, without taking any further action under this subpart. 4: The Commissioner must give the applicant, in writing, the reasons for refusing to make the determination. Section 89U inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89V: Effect of pending applications The fact that an application is made by any person under this subpart does not suspend, interfere with, or affect the application of the specified exemption concerned. Section 89V inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89W: Commencement of determinations The Commissioner may, under this subpart, make a determination expressed to be retrospective to any day that the Commissioner considers appropriate, not being a day that precedes the start of the period of exemption. Section 89W inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89X: Restriction on publication of reports of proceedings 1: No person may, without the leave of the Commissioner or the Family Court 2: The Commissioner or the Family Court 3: Every person who contravenes subsection (1) commits an offence against this Act and is liable on a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000: b: in the case of a body corporate, to a fine not exceeding $10,000. 4: Nothing in this section applies to the publication of any report in any publication that— a: is of a bona fide professional or technical nature; and b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers. 5: Nothing in section 18(1) a: with the leave of the Commissioner or the Family Court b: in accordance with subsection (4). Section 89X substituted 18 May 2009 section 4 Child Support Amendment Act 2008 Section 89X(1) amended 1 March 2017 section 261 District Court Act 2016 Section 89X(2) amended 1 March 2017 section 261 District Court Act 2016 Section 89X(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89X(5) amended 18 March 2019 section 326 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 89X(5)(a) amended 1 March 2017 section 261 District Court Act 2016 4: Exemption for victims of sex offences Subpart 4 inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89Y: Application for exemption on grounds relating to sex offence 1: A liable parent may, by notice in writing to the Commissioner, apply for an exemption from the payment of child support in relation to a particular child if— a: any of the following apply: i: another person has been convicted of a sex offence: ii: another person has been proved before the Youth Court to have committed a sex offence: iii: the liable parent believes that another person has committed a sex offence; and b: the liable parent is the victim of that sex offence; and c: the liable parent believes that the child was conceived as a result of that sex offence. 1A: A liable parent may apply under subsection (1)(a)(iii) even if the liable parent is unable to name the other person referred to in that subparagraph. 2: For the purposes of this subpart,— sex offence sections 127 to 144C victim Section 89Y inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89Y(1)(a) replaced 27 June 2019 section 108(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89Y(1A) inserted 27 June 2019 section 108(2) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 89Z: Grant of exemption to victim of sex offence 1: The Commissioner must, as soon as practicable after receiving an application under section 89Y a: the application is made in accordance with that section; and b: any of the following apply: i: the Commissioner is satisfied that another person has been convicted of a sex offence: ii: the Commissioner is satisfied that another person has been proved before the Youth Court to have committed a sex offence: iii: in the opinion of the Commissioner, it is likely that another person has committed a sex offence; and c: the Commissioner is satisfied that the liable parent is a victim of that sex offence; and d: in the opinion of the Commissioner, it is likely that the child was conceived as a result of that sex offence. 1A: The Commissioner may act under subsection (1)(b)(iii) even if the other person has been acquitted of the sex offence. 2: If the Commissioner grants an exemption under subsection (1), the period of exemption commences on the day on which the Commissioner received the application for the exemption. 3: However, the period of exemption may commence on a day determined by the Commissioner that is earlier than the day on which the Commissioner received the application for exemption if the Commissioner is satisfied that it is— a: just and equitable as regards the child, the receiving carer, the liable parent, and any other child, carer, or parent that may be affected by the Commissioner’s decision; and b: otherwise proper. 4: The Commissioner may, for the purpose of determining whether a person is eligible for an exemption under this section, obtain information from the Ministry of Justice, the New Zealand Police, or both in accordance with section 18H Section 89Z inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89Z(1)(b) replaced 27 June 2019 section 109(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89Z(1)(c) replaced 27 June 2019 section 109(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89Z(1A) inserted 27 June 2019 section 109(2) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89Z(3) replaced 27 June 2019 section 109(3) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89Z(4) amended 1 April 2021 section 33 Child Support Amendment Act 2021 89ZA: Exemption is void in certain circumstances 1: An exemption granted under section 89Z(1) a: in the case of an application that is based on a conviction for a sex offence, that conviction is quashed on appeal; or b: in the case of an application that is based on a finding of the Youth Court aside; or c: in the case where the Commissioner relies on section 89Z(1)(b)(iii) 2: Subsection (1) does not prevent a liable parent from making a new application under section 89Y 3: If, following a new application, an exemption is granted under section 89Z(1) a: the date on which the Commissioner received the new application for the exemption; or b: an earlier date under section 89Z(3) Section 89ZA inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89ZA heading amended 27 June 2019 section 110(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89ZA(1)(b) amended 27 June 2019 section 110(2) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89ZA(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 89ZA(1)(c) inserted 27 June 2019 section 110(3) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89ZA(2) replaced 27 June 2019 section 110(4) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 89ZA(3) replaced 27 June 2019 section 110(4) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 5: Miscellaneous provisions concerning exemptions Subpart 5 inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89ZB: Commissioner must give effect to exemption and may take changes into account 1: The Commissioner must, as soon as practicable after granting an exemption under this Part, take the action that is necessary to give effect to the exemption (whether by revoking any assessment or otherwise). 2: The Commissioner must, as soon as practicable after being notified or otherwise becoming aware , or deciding, 3: Subsection (4) applies if 1 or more of the following applies: a: the Commissioner has acted under section 89I(2) b: the Commissioner has acted under section 89I(2) c: an exempted person's income is not in accordance with the estimates provided in or with the application for the exemption. 4: The Commissioner may take the action that is necessary to take the matters referred to in subsection (3) into account (whether by issuing or amending any assessment, amending any exemption, or otherwise). 5: The Commissioner's power to take action under subsections (2) and (4) includes, without limitation, the power to amend the period or periods for which an exemption was granted (whether that period or those periods are before or after the time that the Commissioner takes the action) in order to ensure that— a: the exemption is granted for a period or periods in relation to which the exempted person is eligible for the exemption; and b: the exemption is not granted for any period in relation to which the exemption must not apply in accordance with this Part. 6: Nothing in this section limits the powers of the Commissioner under sections 86 87 Section 89ZB inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 Section 89ZB(2) amended 27 June 2019 section 111 Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 89ZC: Exempted person must advise Commissioner of certain matters 1: This section applies if an exempted person— a: receives any income that affects the application of the exemption in relation to the whole or a part of a period for which the exemption has been granted; or b: receives more income than was disclosed in the estimates provided in or with the application for the exemption; or c: otherwise becomes aware that an exemption does not apply for the whole or a part of a period for which the exemption has been granted. 2: The person must, as soon as practicable, notify the Commissioner of the matters referred to in subsection (1). Section 89ZC inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89ZD: Liable person liable for payment of financial support for parts of child support year to which exemption does not apply A person to whom an exemption has been granted in respect of a part or parts of a child support year is liable for payment of financial support for the parts of the child support year to which the exemption does not apply, and the Commissioner must issue an assessment accordingly. Section 89ZD inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 89ZE: Applications by agents 1: A person who may apply for an exemption under this Part may do so by an agent authorised in writing by that person. 2: If a person is incapable of authorising an agent under subsection (1) to make an application on that person's behalf,— a: the manager of that person's estate under the Protection of Personal and Property Rights Act 1988 b: if there is no manager under paragraph (a), the next friend of the person may make the application. Section 89ZE inserted 26 September 2006 section 17(1) Child Support Amendment Act 2006 6: Objections 90: Objections to appealable decisions 1: For the purposes of this Part, the term appealable decision a: a decision to make, or refuse to make, a formula assessment of child support: b: a decision under section 14 ba: a decision as to whether a particular child is or is not a dependent child of a person: bb: a decision to accept an election under section 27 bc: a decision not to accept an election under section 27 section 27(9) c: a decision not to accept an election made under section 40 ca: a decision under section 44A Income Tax Act 2007 Tax Administration Act 1994 d: a decision that a penalty has been imposed by operation of section 134 e: f: a decision under section 57(1) g: a decision under section 57(2) h: a decision under section 63 ha: a decision made under section 82(4) i: a decision under section 89I 89Z j: a decision under section 86 ja: a decision under section 96N k: a decision under section 216 2: An objection may be made under this section by any person who is affected by the decision. Section 90(1)(a) replaced 1 April 2015 section 20(1) Child Support Amendment Act 2013 Section 90(1)(b) replaced 1 April 2015 section 20(1) Child Support Amendment Act 2013 Section 90(1)(ba) inserted 1 April 2015 section 20(1) Child Support Amendment Act 2013 Section 90(1)(bb) inserted 25 February 2016 section 28(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 90(1)(bc) inserted 25 February 2016 section 28(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 90(1)(ca) inserted 24 July 1999 section 23 Child Support Amendment Act 1999 Section 90(1)(ca) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 90(1)(d) replaced 1 April 2015 section 20(2) Child Support Amendment Act 2013 Section 90(1)(d) amended 25 February 2016 section 28(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 90(1)(e) repealed 24 July 1999 section 17(2) Child Support Amendment Act 1999 Section 90(1)(ha) inserted 1 April 2015 section 20(3) Child Support Amendment Act 2013 Section 90(1)(i) amended 26 September 2006 section 18 Child Support Amendment Act 2006 Section 90(1)(ja) inserted 15 July 1994 section 6(1) Child Support Amendment Act 1994 91: Objections to assessments 1: An objection to an assessment , other than an amended assessment, a: b: that the annual or monthly rate of financial support specified in the assessment has not been correctly calculated in accordance with this Act; or c: that the assessment has incorrectly determined the days in relation to which the financial support is payable; or d: that an annual rate of financial support specified in the assessment is not correctly assessed because the Commissioner has failed to give effect to any provision of this Act in relation to the assessment. 1A: An objection to an amended assessment may be made on any or all of the grounds listed in subsection (1)(b) to (d), but— a: on no other ground; and b: only if the matters covered by the objection are attributable to the amendment of the assessment. 2: An objection under this section may be made by any person to whom the Commissioner is required to give notice of the assessment under section 88 89 3: 1976 No 65 s 30 Section 91(1) amended 25 February 2016 section 29(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 91(1)(a) repealed 1 April 2015 section 21(1) Child Support Amendment Act 2013 Section 91(1A) inserted 25 February 2016 section 29(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 91(2) replaced 1 April 2015 section 21(2) Child Support Amendment Act 2013 Section 91(2) amended 25 February 2016 section 29(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 91(3) repealed 25 February 2016 section 29(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 92: Requirements in relation to objections 1: Every objection shall be delivered or posted to the Commissioner within 28 days after the date on which notice of the decision or assessment objected to was given by the Commissioner. 2: No notice of objection that is given after that time shall be of any force or effect unless the Commissioner, in the Commissioner's discretion, accepts the same and gives notice to the objector accordingly. 3: Every notice of objection shall state fully and in detail the grounds of the person's objection. 3A: 4: The Commissioner shall consider every objection that is properly made under this Act, and may alter the decision or the assessment, as the case may be, pursuant thereto. Child Support Act 1988 s 82(2) (Aust) Section 92(3A) repealed 1 April 2015 section 212 Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 93: Notice of result of objection The Commissioner shall, as soon as practicable, notify the objector in writing— a: whether the objection has been allowed or disallowed: b: in a case where the objection has been allowed in whole or in part, the effect of allowing the objection, or that part of it: c: in a case where the objection has been disallowed in whole or in part, that the objector can appeal to the Family Court Section 93(c) amended 1 March 2017 section 261 District Court Act 2016 94: Determination of objection not to affect other assessments or decisions The determination of an objection under this Part shall relate solely to the decision or assessment objected to, and shall not affect the right of the Commissioner to make any other decision or assessment in respect of the objector, or to amend the assessment objected to in a manner that is consistent with that determination. 1985 No 141 s 39 95: Obligation to pay financial 1: The obligation to pay, and the right of the Commissioner to receive and recover, any child support or domestic maintenance 2: Subsection (1) does not apply in relation to a person if— a: the person has made an appeal under section 102 b: a ground of the appeal is that the person was not a parent of the child; and c: there is not a final decision of a court determining that ground of the appeal. 3: Where an objection has been made under this Part but the objection has not been finally determined, the objector may apply to the Family Court section 117 4: If, on the final determination of the objection, the court finds that the objector is liable to pay child support or domestic maintenance Section 95 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 95(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 95(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 95(3) amended 1 March 2017 section 261 District Court Act 2016 Section 95(4) amended 26 April 2005 section 3 Child Support Amendment Act 2005 96: Objections to which this Part does not apply This Part shall not confer any right of objection with respect to any matter (other than those to which section 90 section 91 1976 No 65 s 36 6A: Departure from formula assessment of child support initiated by liable parent or receiving carer Part 6A inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Part 6A heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Part 6A heading amended 26 September 2006 section 19 Child Support Amendment Act 2006 96A: Commissioner may make determination The Commissioner may, in accordance with this Part, make a determination having the effect that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child. Child Support (Assessment) Act 1989 s 98A (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96A inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96B: Application for determination 1: Any liable parent or receiving carer of a qualifying child 2: An application may be made— a: only if a formula assessment is in force in relation to the child b: only in relation to child support payable in the child support year commencing on 1 April 1994 or any later child support year; and c: subject to section 96L 3: The parties to the application are— a: the applicant; and b: every other liable parent or receiving carer of the qualifying child. Child Support (Assessment) Act 1989 s 98B (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96B inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Section 96B(1) amended 1 April 2015 section 22A(1) Child Support Amendment Act 2013 Section 96B(2)(a) amended 1 April 2015 section 22A(2) Child Support Amendment Act 2013 Section 96B(3) replaced 1 April 2015 section 22A(3) Child Support Amendment Act 2013 96BA: Four-month time limit for certain applications that are time-barred under section 87A 1: An application under section 96B 2: In this section, a time-barred period section 87A Section 96BA inserted 26 October 2021 section 34 Child Support Amendment Act 2021 96C: Matters as to which Commissioner must be satisfied before making determination 1: Subject to this Part, if— a: an application is made to the Commissioner under section 96B b: the Commissioner is satisfied that— i: 1 or more of the grounds for departure referred to in subsection (2) exists or exist; and ii: it would be— A: just and equitable as regards the child and all parties to the application B: otherwise proper,— to make a particular determination under this Part,— the Commissioner may make the determination. 2: For the purposes of subsection (1)(b)(i),— a: the grounds for departure are the same as the grounds for departure set out in section 105(2) b: section 105(2)(b)(i) ; and c: section 105(2)(d) section 105(3D) 3: Subsections (3C) and section 105 a: any reference in those subsections to the court were a reference to the Commissioner; and b: any reference to an order were a reference to a determination. Child Support (Assessment) Act 1989 s 98C (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96C inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Section 96C(1)(b)(ii)(A) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96C(2)(b) amended 25 February 2016 section 30(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96C(2)(c) inserted 25 February 2016 section 30(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96C(3) amended 25 February 2016 section 30(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 96D: Determinations that may be made 1: The Commissioner may make as a determination under this Part any decision that the court could make as an order under section 106(1) a: section 98 b: section 106(2) to (4) ba: section 106A bb: c: section 107 d: section 119(1)(a) 1A: The determinations that the Commissioner may make under subsection (1) are not limited by the terms of the application under section 96B 2: The Commissioner shall give each party section 105(1) 3: A contravention of subsection (2) in relation to a determination does not affect the validity of the determination. Child Support (Assessment) Act 1989 s 98D (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96D inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Section 96D(1)(ba) inserted 25 February 2016 section 31(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96D(1)(bb) repealed 26 October 2021 section 35 Child Support Amendment Act 2021 Section 96D(1)(d) added 26 September 2006 section 20 Child Support Amendment Act 2006 Section 96D(1A) inserted 25 February 2016 section 31(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96D(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96E: Requirements for application An application under section 96B a: be in writing; and b: set out the grounds on which the application is made. Child Support (Assessment) Act 1989 s 98E (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96E inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96F: Commissioner may refuse to make determination because issues too complex 1: If the Commissioner is satisfied, at any time after considering the application, that the issues raised by the application are too complex to be dealt with under this Part, the Commissioner may refuse to make the determination without taking any further action under this Part, and recommend that application be made to the court for an order under Part 7 2: The Commissioner shall give the applicant, in writing, the reasons for refusing to make the determination. Child Support (Assessment) Act 1989 s 98EA (Aust) Child Support Legislation Amendment Act (No 2) 1992 s 23 (Aust) Section 96F inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96G: Application disclosing no grounds, etc, for making determination—how dealt with 1: If the Commissioner is satisfied, after considering the application, that— a: there are no grounds for departing from the provisions of this Act relating to formula assessment of child support in relation to the child concerned; or b: that the application seeks to reduce an assessment that has been set at the minimum liability,— the Commissioner may refuse to make the determination without taking any further action under this Part. 2: The Commissioner shall give the applicant, in writing, the reasons for refusing to make the determination. Child Support (Assessment) Act 1989 s 98F (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96G inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96H: Other parties 1: The Commissioner shall notify each other a: that an application has been made, and a summary of the grounds on which the application has been made; and b: that he or she may request a copy of the application and any accompanying documentation from the Commissioner; and c: that he or she may make any representation (in this Part called a reply 2: Any reply to an application must— a: be in writing; and b: be filed with the Commissioner— i: within 14 days after the date on which the copy of the application and accompanying documentation is sent to the party ii: if no request is made for a copy of the application, within 14 days after the date on which the notification is sent. 3: The Commissioner must send a copy of any reply and accompanying documentation to the applicant, and may send a copy of any reply and accompanying documentation to the other parties. 4: Nothing in this section applies where the Commissioner refuses to make a determination under section 96F section 96G section 96L(5) Child Support (Assessment) Act 1989 s 98G (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Child Support Legislation Amendment Act (No 2) 1992 s 24 Section 96H inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Section 96H heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96H(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96H(2)(b)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96H(3) replaced 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96H(4) amended 26 September 2006 section 21 Child Support Amendment Act 2006 96I: Procedure for dealing with application 1: In making a decision under this Part in relation to an application, the Commissioner— a: may act on the basis of the application and any reply received b: may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter. 2: The Commissioner shall give an opportunity to the applicant and each other party 3: Nothing in subsection (2)— a: empowers the Commissioner to compel a party to an application to appear before the Commissioner in the presence of any other party b: applies where the Commissioner refuses to make a determination under section 96F section 96G section 96L(5) 4: Notwithstanding subsection (2), where any other party 5: Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, is to be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence. 6: Nothing in section 125 Child Support (Assessment) Act 1989 s 98H (Aust) Child Support Legislation Amendment Act 1992 s 5 (Aust) Section 96I inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 Section 96I(1)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96I(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96I(3)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96I(3)(b) amended 26 September 2006 section 22 Child Support Amendment Act 2006 Section 96I(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96J: Circumstances in which representation or assistance at hearing may be approved 1: Subject to subsection (2), no party shall be entitled to be represented at a hearing by a representative unless it appears to the Commissioner to be proper in all the circumstances to so allow, and the Commissioner approves such representative. 2: The following parties may be represented by a representative who is approved by the Commissioner: a: the Crown, if the representative is an officer or employee of the Crown: b: a minor, or other person under disability: c: any other person, if the Commissioner is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately. 3: No person proposed as a party's representative shall be approved unless the Commissioner is satisfied that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party. 4: The Commissioner may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Commissioner to be proper in all the circumstances to so permit, and the Commissioner approves such person. 5: No person approved by the Commissioner under subsection (4) shall be entitled to be heard at the hearing, and the Commissioner may exclude any such person from the hearing at any time. 6: The Commissioner shall not— a: approve as a representative under subsection (1) or subsection (2); or b: approve under subsection (4)— any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Commissioner is, or has been, regularly engaged in advocacy work before other tribunals. 7: Where the Commissioner approves any person under subsection (1) or subsection (2) or subsection (4), the Commissioner may impose in respect of any such appointment or approval such conditions as the Commissioner considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval. 1988 No 110 s 38(2)–(8) Section 96J inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96K: Child support agreements entered into before determination made The Commissioner may not make a determination under this Part in relation to an application if, while the application is pending, the parties enter into an agreement in relation to the child support payable for the child in relation to whom the determination was sought and either— a: the agreement is a qualifying voluntary agreement that is accepted by the Commissioner under Part 3 b: an election is made in accordance with section 27 Section 96K inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96L: Subsequent applications 1: This section applies to a formula assessment of child support if— a: a determination has been made in connection with that formula assessment under this Part or Part 6B b: an appeal has been heard by the Family Court section 103B 103C c: an application has been heard by the Family Court section 104 2: An application may be made under this Part in connection with a formula assessment to which this section applies only if the Commissioner is satisfied, in his or her discretion, after considering the matters referred to in subsection (3), that either— a: a new matter has been submitted in support of that application that was not considered in relation to the previous application, determination, or appeal; or b: the application is made on a ground for departing from the formula assessment that is different from the ground or grounds that were considered in relation to the previous application, determination, or appeal. 3: The matters to be considered are— a: the current application and any accompanying documentation; and b: any matter taken into account by the Commissioner or the court in the course of considering the previous application, determination, or appeal. 4: The Commissioner is required to take into account the matters specified in subsection (3) only to the extent that the Commissioner has knowledge of those matters. 5: If the Commissioner is not satisfied of the matters of which the Commissioner is required to be satisfied under this section, the Commissioner may refuse to make a determination without taking any further action under this Part. 6: The Commissioner must give the applicant, in writing, the reasons for refusing to make the determination. Section 96L substituted 26 September 2006 section 23 Child Support Amendment Act 2006 Section 96L(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 96L(1)(c) amended 1 March 2017 section 261 District Court Act 2016 96M: Effect of pending applications Subject to section 96N a: any formula assessment made in relation to the person; or b: the obligation to pay child support; or c: the right of the Commissioner to receive and recover child support. Child Support (Assessment) Act 1989 s 98M (Aust) Child Support Legislation Amendment Act (No 2) 1992 s 25 (Aust) Section 96M inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96N: Suspension of liabilities 1: When an application has been made under this Part, a party to the application may apply to the Commissioner for a suspension order, and section 117 2: The Commissioner shall not make a suspension order under this section— a: unless the Commissioner is satisfied that the making of a determination is likely to be unusually delayed; and b: until the time for filing a reply has expired. Section 96N inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96O: Commencement of determinations The Commissioner may, under this Part, make a determination expressed to be retrospective to such day as the Commissioner considers appropriate, not being a day that precedes the later of— a: 1 April 1994; or b: the day on which the application for formula assessment to which the determination applies was made. Section 96O inserted 15 July 1994 section 5(1) Child Support Amendment Act 1994 96P: Restriction on publication of reports of proceedings 1: No person may, without the leave of the Commissioner or the Family Court 2: The Commissioner or the Family Court 3: Every person who contravenes subsection (1) commits an offence against this Act and is liable on a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000: b: in the case of a body corporate, to a fine not exceeding $10,000. 4: Nothing in this section applies to the publication of any report in any publication that— a: is of a bona fide professional or technical nature; and b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers. 5: Nothing in section 18(1) a: with the leave of the Commissioner or the Family Court b: in accordance with subsection (4). Section 96P substituted 18 May 2009 section 5 Child Support Amendment Act 2008 Section 96P(1) amended 1 March 2017 section 261 District Court Act 2016 Section 96P(2) amended 1 March 2017 section 261 District Court Act 2016 Section 96P(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 96P(5) amended 18 March 2019 section 326 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 96P(5)(a) amended 1 March 2017 section 261 District Court Act 2016 6B: Departure from formula assessment of child support initiated by Commissioner Part 6B inserted 26 September 2006 section 24 Child Support Amendment Act 2006 96Q: Commissioner may make determination under this Part 1: The Commissioner may, in accordance with this Part, make a determination having the effect that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child. 2: The parties to proceedings under this Part are— a: the parent (who may, but need not, be a liable parent) who is the subject of a review under this Part (the subject parent b: any receiving carer, whether a parent or non-parent, of the child who elects, under section 96Y c: a liable parent who is not the subject parent, but who elects, under section 96Y Section 96Q inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96Q(2) replaced 1 April 2015 section 23 Child Support Amendment Act 2013 96R: Matters that Commissioner must be satisfied of before making determination 1: Subject to this Part, the Commissioner may make a determination under this Part if the Commissioner is satisfied that,— a: by virtue of special circumstances, application in relation to the child of the provisions of this Act relating to formula assessment of child support would result in an unjust and inequitable determination of the level of child support to be provided by the liable parent for the child because of the income, earning capacity, property, and financial resources of either parent or the child; and b: a determination under this Part would be— i: just and equitable as regards the child, the receiving carer ii: otherwise proper. 2: Section 105(4) to (6) a: any reference in those subsections to the court were a reference to the Commissioner; and b: any reference in those subsections to an order were a reference to a determination under this Part. Section 96R inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96R(1)(b)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96S: Commissioner may make preliminary enquiries 1: The Commissioner may conduct a preliminary enquiry or investigation with a view to considering whether a determination under this Part may be appropriate. 2: For the purposes of this section, the Commissioner— a: may act on the basis of any information in the Commissioner's possession; and b: may make any enquiries or investigations the Commissioner considers necessary. Section 96S inserted 26 September 2006 section 24 Child Support Amendment Act 2006 96T: Notice to subject If the Commissioner is satisfied that there are reasonable grounds to believe that a determination under this Part may be appropriate, the Commissioner must— a: notify the subject b: send to the subject c: notify the subject Section 96T inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96T heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96T(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96T(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96T(c) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96U: Written response by subject 1: A subject section 96T 2: A written response under this section must be— a: made to the Commissioner in a manner specified by the Commissioner; and b: filed with the Commissioner within 28 days after the date the subject section 96T Section 96U inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96U heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96U(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96U(2)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96V: Decision by Commissioner to start proceedings under this Part As soon as practicable after the expiry of the period referred to in section 96U(2)(b) a: consider any written response filed by the subject b: decide whether to start proceedings under this Part. Section 96V inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96V(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96W: Commissioner to notify subject 1: The Commissioner must notify the subject 2: If the Commissioner decides to start proceedings under this Part, the Commissioner must also— a: notify the subject parent with the rights of the subject any receiving carer or liable parent who elects to become a party under section 96Y section 96Z b: provide the subject Section 96W inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96W heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96W(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96W(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96W(2)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96X: Commissioner to notify receiving carers and liable parent with rights of election under section 96Y If the Commissioner decides to start proceedings under this Part, the Commissioner must notify the receiving carers and any liable parent who is not the subject parent a: the Commissioner's decision; and b: the receiving carer's or liable parent's section 96Y c: the rights of the subject parent and of any receiving carer or liable parent who has rights of election under section 96Y section 96Z Section 96X inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96X heading amended 25 February 2016 section 32(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96X heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96X amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96X(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96X(c) amended 25 February 2016 section 32(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96X(c) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96Y: Election by receiving carer or by liable parent 1: Any relevant person ( see 2: A relevant person a: a receiving carer who was a UCB beneficiary b: a receiving carer who is a UCB beneficiary 3: If a relevant person a: in writing; and b: filed with the Commissioner within 14 days after the date on which the Commissioner sends notification to the relevant person section 96X 4: The Commissioner must inform the subject parent of any election made by a relevant person 5: A relevant person 6: If a relevant person 7: However, if there is more than 1 relevant person, the Commissioner must not discontinue the proceedings unless each relevant person has elected under subsection (2) to discontinue them. 8: In this section and sections 96Z 96ZA relevant person a: a receiving carer who is not the subject parent; or b: a liable parent who is not the subject parent. Section 96Y inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96Y heading amended 25 February 2016 section 33(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Y(1) amended 25 February 2016 section 33(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Y(2) replaced 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Y(2) amended 25 February 2016 section 33(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(2)(a) amended 1 July 2023 section 11 Child Support (Pass On) Acts Amendment Act 2023 Section 96Y(2)(b) amended 1 July 2023 section 11 Child Support (Pass On) Acts Amendment Act 2023 Section 96Y(3) amended 25 February 2016 section 33(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(3)(b) amended 25 February 2016 section 33(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(4) amended 25 February 2016 section 33(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Y(5) amended 25 February 2016 section 33(6) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(6) amended 25 February 2016 section 33(7) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(7) inserted 25 February 2016 section 33(8) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Y(8) inserted 25 February 2016 section 33(8) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 96Z: Written representations by parties 1: Any party may 2: Any written representations made by a party a: made to the Commissioner in a manner specified by the Commissioner; and b: filed with the Commissioner,— i: in the case of a subject subject section 96W ii: in the case of a relevant person ( see section 96Y(8) section 96X 3: A subject a relevant person 4: A relevant person section 96Y subject subject section 96W 5: For the purposes of this Part, a relevant person subject section 96V Section 96Z inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96Z heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(2)(b)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(2)(b)(ii) replaced 25 February 2016 section 34(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Z(2)(b)(ii) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(3) amended 25 February 2016 section 34(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Z(3) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(4) amended 25 February 2016 section 34(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Z(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96Z(5) amended 25 February 2016 section 34(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 96Z(5) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96ZA: Procedure for making determination 1: In making a determination under this Part, the Commissioner— a: may act on the basis of any information in the Commissioner's possession; and b: may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter. 2: The Commissioner must give an opportunity to each party 3: Nothing in subsection (2)— a: empowers the Commissioner to compel a party to appear before the Commissioner in the presence of the other party; or b: applies if the Commissioner refuses to make a determination under section 96ZC 4: Despite subsection (2), if a relevant person ( see section 96Y(8) section 96Y 5: Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, must be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence. 6: Nothing in section 125 Section 96ZA inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96ZA(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96ZA(4) amended 25 February 2016 section 35 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 96ZB: Determinations that may be made 1: The Commissioner may make as a determination under this Part any decision that the court could make as an order under section 106(1) a: section 98 b: section 106(2) to (4) c: section 107 d: section 119(1)(a) 2: The Commissioner must, in writing, give reasons for making the determination (including the reasons why the Commissioner is satisfied, in accordance with section 96R to each party to the proceedings. a: b: 3: A contravention of subsection (2) in relation to a determination does not affect the validity of the determination. Section 96ZB inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96ZB(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96ZB(2)(a) repealed 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96ZB(2)(b) repealed 1 April 2015 section 34 Child Support Amendment Act 2013 96ZC: Commissioner may refuse to make determination because issues too complex 1: If the Commissioner is satisfied, at any time after starting proceedings under this Part, that the matters in issue are too complex to be dealt with under this Part, the Commissioner may refuse to make the determination without taking any further action under this Part. 2: The Commissioner must give each parent and receiving carer affected by the proceedings 3: The Commissioner may recommend that the receiving carer or the liable parent section 104 Section 96ZC inserted 26 September 2006 section 24 Child Support Amendment Act 2006 Section 96ZC(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 96ZC(3) amended 1 April 2015 section 34 Child Support Amendment Act 2013 96ZD: Effect of pending proceedings under this Part The fact that the Commissioner has started proceedings under this Part does not suspend, interfere with, or affect— a: any formula assessment made in relation to the liable parent; or b: the obligation to pay child support; or c: the right of the Commissioner to receive and recover child support. Section 96ZD inserted 26 September 2006 section 24 Child Support Amendment Act 2006 96ZE: Commencement of determinations The Commissioner may, under this Part, make a determination expressed to be retrospective to any day that the Commissioner considers appropriate, not being a day that precedes the commencement of this section. Section 96ZE inserted 26 September 2006 section 24 Child Support Amendment Act 2006 96ZF: Restriction on publication of reports of proceedings 1: No person may, without the leave of the Commissioner or the Family Court 2: The Commissioner or the Family Court 3: Every person who contravenes subsection (1) commits an offence against this Act and is liable on a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000: b: in the case of a body corporate, to a fine not exceeding $10,000. 4: Nothing in this section applies to the publication of any report in any publication that— a: is of a bona fide professional or technical nature; and b: is intended for circulation among members of the legal profession, employees of the Crown, relationship counsellors, mediators, or social workers. 5: Nothing in section 18(1) a: with the leave of the Commissioner or the Family Court b: in accordance with subsection (4). Section 96ZF substituted 18 May 2009 section 6 Child Support Amendment Act 2008 Section 96ZF(1) amended 1 March 2017 section 261 District Court Act 2016 Section 96ZF(2) amended 1 March 2017 section 261 District Court Act 2016 Section 96ZF(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 96ZF(5) amended 18 March 2019 section 326 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 96ZF(5)(a) amended 1 March 2017 section 261 District Court Act 2016 96ZG: Application of certain provisions in Part 6A to proceedings under this Part The following provisions of Part 6A a: section 96J b: section 96K Section 96ZG inserted 26 September 2006 section 24 Child Support Amendment Act 2006 7: Jurisdiction of courts in relation to child support and domestic maintenance Part 7 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 General provisions relating to jurisdiction 97: Jurisdiction of courts The Supreme Court, the the District Court, and the Family Court a: any party to the proceeding resides or is domiciled in New Zealand; or b: any child to whom the proceeding relates resides or is domiciled in New Zealand. 1980 No 94 s 4 Section 97 amended 1 March 2017 section 261 District Court Act 2016 Section 97 amended 1 January 2004 section 47 Supreme Court Act 2003 98: Minimum liability in respect of child support 1: An order made under this Part as to the annual rate of child support must not operate in a child support year so as to reduce that rate below,— a: for an appeal on, or other order relating to, a formula assessment or an order under section 109 section 72(1)(a) b: for all other orders, $520. 2: Subsection (2A) applies when— a: an order would, but for this section, operate in a child support year so as to reduce the annual rate of child support payable under a formula assessment below the minimum annual rate for that year under section 72(1)(a) b: the child support payable is payable under the formula assessment in respect of more than 1 receiving carer. 2A: When this subsection applies, the annual rate of child support payable in the child support year to each receiving carer is the minimum annual rate under section 72(1)(a) the liable parent’s qualifying children in respect of whom a formula assessment applies 3: Subsection (2A) a: that the annual rate of child support payable in respect of a child to whom the order relates is greater than the rate provided for by the order: b: that the annual rate of child support payable in respect of a child to whom the order does not relate is greater than the rate which would have been payable if the order had not been made. Section 98(1) substituted 7 November 2001 section 5(2) Child Support Amendment Act 2001 Section 98(2) replaced 1 April 2015 section 213(1) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 98(2A) inserted 1 April 2015 section 213(1) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 98(2A) amended 25 February 2016 section 36 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 98(3) amended 1 April 2015 section 213(2) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 99: Declarations in respect of step-parents 1: A parent or the Family Court 2: Any person who wishes to be declared to be a step-parent of a child for the purposes of this Act may apply to the Family Court 3: Subject to section 125 a: the applicant for the declaration under this section; and b: the person whom the application seeks to be declared to be a step-parent of the child (if that person is not the applicant); and c: any other person who is a parent or carer of the child when the application is made. 4: In determining whether to grant a declaration that a person is a step-parent of a child, the court shall have regard to the following circumstances: a: the extent (if at all) to which that person has assumed responsibility for the maintenance of the child, and the basis on which that person assumed that responsibility, and the length of time during which that person has discharged that responsibility; and b: whether that person assumed or discharged any responsibility for maintenance of the child knowing that that person was not the natural parent of the child; and c: the liability of any other person to maintain the child; and d: whether or not that person was ever living with a parent of the child in a marriage, civil union or de facto relationship e: whether that person has at any time been a guardian of the child. 5: For the purposes of subsection (4)(a), a person shall not be taken to have assumed responsibility for the maintenance of a child by reason only of meeting the child maintenance liabilities of another person who is wholly or partially maintained by him or her. 6: When the Family Court Section 99(1) amended 1 March 2017 section 261 District Court Act 2016 Section 99(1) amended 25 February 2016 section 37(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 99(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 99(2) amended 1 March 2017 section 261 District Court Act 2016 Section 99(3) replaced 25 February 2016 section 37(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 99(4)(d) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 99(6) amended 1 March 2017 section 261 District Court Act 2016 Appeals from decisions of Commissioner in respect of objections under Part 6 100: Appeal by person from whom formula assessment of child support sought Section 100 repealed 1 April 2015 section 24 Child Support Amendment Act 2013 101: Appeal by unsuccessful applicant for formula assessment Section 101 repealed 1 April 2015 section 24 Child Support Amendment Act 2013 102: Appeals against 1: Where the Commissioner disallows an objection made under section 90 the Family Court 2: The appeal must be lodged within 2 months after the date upon which notice of disallowance of the objection is given to the objector by or on behalf of the Commissioner. 3: Subject to section 125 4: A court hearing such an appeal may make such order as it considers appropriate in relation to the decision to which the appeal relates, including an order confirming or varying the decision. 5: When an order is made by a court under this section, the Commissioner shall, as soon as practicable, take such action as is necessary to give effect to the decision (whether by amending any assessment or otherwise). Child Support (Assessment) Act 1989 s 132 (Aust) Section 102 heading amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 102(1) amended 1 March 2017 section 261 District Court Act 2016 Section 102(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 102(3) replaced 25 February 2016 section 38 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 103: Appeals against assessments 1: Where the Commissioner disallows in whole or in part an objection made under section 91 the objector an office of the Family Court 2: The appeal must be lodged within 2 months after the date upon which notice of disallowance of the objection is given to the objector by or on behalf of the Commissioner. 3: Subject to section 125 4: When hearing an appeal under this section, the Family Court must 5: When the Family Court 6: In subsequently making any assessment in relation to a person affected by the assessment that was objected to, Child Support (Assessment) Act 1989 ss 110, 111 (Aust) Section 103(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103(1) amended 25 February 2016 section 39(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 103(3) replaced 25 February 2016 section 39(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 103(4) amended 1 March 2017 section 261 District Court Act 2016 Section 103(5) amended 1 March 2017 section 261 District Court Act 2016 Section 103(6) amended 25 February 2016 section 39(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Appeals in relation to determinations Heading inserted 26 September 2006 section 25 Child Support Amendment Act 2006 103A: Appeal in relation to determination or decision under subpart 3 of Part 5A 1: A payee or a liable person may appeal to the Family Court a: a determination made by the Commissioner under subpart 3 b: a decision made under that subpart to refuse to make a determination. 2: An appeal under this section must be lodged within— a: 2 months after the date on which the determination or decision is made; or b: any further time that the Family Court 3: The parties to an appeal are— a: the appellant; and b: the other party to the proceedings before the Commissioner resulting in the determination or decision; and c: the Commissioner. 4: An appeal under this section is by way of rehearing. Section 103A inserted 26 September 2006 section 25 Child Support Amendment Act 2006 Section 103A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103A(2)(b) amended 1 March 2017 section 261 District Court Act 2016 103B: Appeal by respondent from determination under Part 6A 1: A receiving carer the Family Court Part 6A receiving carer section 96B 2: A liable parent may appeal to the Family Court Part 6A section 96B 3: An appeal under this section must be lodged within— a: 2 months after the date on which the determination is made; or b: any further time that the Family Court 4: The parties to an appeal are, subject to section 125 a: the appellant; and b: any other party Part 6A 5: An appeal under this section is by way of rehearing. Section 103B inserted 26 September 2006 section 25 Child Support Amendment Act 2006 Section 103B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103B(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 103B(2) amended 1 March 2017 section 261 District Court Act 2016 Section 103B(3)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 103B(4)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 103C: Appeal from determination under Part 6B 1: Any party referred to in section 96Q(2) the Family Court Part 6B 2: An appeal under this section must be lodged within— a: 2 months after the date on which the determination is made; or b: any further time that the Family Court 3: The parties to an appeal are— a: the appellant; and b: any other party c: the Commissioner. 4: An appeal under this section is by way of rehearing. Section 103C inserted 26 September 2006 section 25 Child Support Amendment Act 2006 Section 103C(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103C(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 103C(2)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 103C(3)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 103D: Powers of Family Court on appeal 1: In determining an appeal under any of sections 103A to 103C the Family Court a: confirm, modify, or reverse any determination or decision appealed against (in whole or in part): b: make any decision that the Commissioner could have made in respect of the determination or decision appealed against: c: exercise any of the powers that could have been exercised by the Commissioner. 2: Without limiting subsection (1),— a: in reversing a decision or part of a decision, the Family Court b: in reversing a decision made under subpart 3 the Family Court 3: An order under this section may make different provision in relation to different child support years and in relation to different parts of a child support year. 4: Subject to section 98(2) 5: Every order made under this section must specify the period of time in which the order is to apply or specify the event the occurrence of which will cause the order to terminate. Section 103D inserted 26 September 2006 section 25 Child Support Amendment Act 2006 Section 103D(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103D(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 103D(2)(b) amended 1 March 2017 section 261 District Court Act 2016 103E: Implementation of orders 1: When a decision of the Family Court section 103D a: formula assessment that has been made in relation to the child, the receiving carer b: exemption granted under this Act in relation to the payee and the liable person concerned (whether by amending an assessment or otherwise). 2: Subject to subsection (3), in subsequently making an assessment in relation to the child, the payee, and the liable person concerned while the order is in force, the Commissioner must act on the basis of the provisions of this Act as modified by the order. 3: Despite subsection (2), if the Commissioner becomes aware of a change in circumstances which, had that change occurred before the making of that order, could reasonably be expected to have resulted in the order being different from that which was made, the Commissioner may— a: amend an existing formula assessment in relation to the child, the receiving carer b: in subsequently making a formula assessment in relation to the child, the receiving carer Section 103E inserted 26 September 2006 section 25 Child Support Amendment Act 2006 Section 103E(1) amended 1 March 2017 section 261 District Court Act 2016 Section 103E(1)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 103E(3)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 103E(3)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Orders for departure from formula assessment in special circumstances 104: Application for departure from formula assessment in special circumstances 1: A receiving carer the Family Court 2: An application may be made only if— a: a formula assessment is in force in relation to the child, the receiving carer b: either— i: the Commissioner has made a determination under Part 6A and the person who applies under this section is the person who applied for that determination ii: the Commissioner has refused to make a determination under Part 6A iia: the Commissioner has refused to make a determination under Part 6B iii: the receiving carer the Family Court iv: the application relates, wholly or in part, to child support payable in the child support year ending on 31 March 1994 or any earlier child support year. 3: Subject to section 125 receiving carer 4: Subject to section 117 a: any formula assessment made in relation to the person; or b: the obligation to pay child support; or c: the right of the Commissioner to receive and recover any child support. Section 104(1) amended 1 March 2017 section 261 District Court Act 2016 Section 104(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 104(2) substituted 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 104(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 104(2)(b)(i) amended 26 September 2006 section 26(1) Child Support Amendment Act 2006 Section 104(2)(b)(ii) amended 26 September 2006 section 26(2) Child Support Amendment Act 2006 Section 104(2)(b)(iia) inserted 26 September 2006 section 26(3) Child Support Amendment Act 2006 Section 104(2)(b)(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 104(2)(b)(iii) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 104(3) amended 1 April 2015 section 34 Child Support Amendment Act 2013 105: Matters as to which court must be satisfied before making order 1: Where an application is made to the Family Court section 104 a: 1 or more of the grounds for departure mentioned in subsection (2) exists or exist; and b: it would be— i: just and equitable as regards the child, the receiving carer ii: otherwise proper,— to make a particular order of the type specified in section 106 the court may make the order. 2: For the purposes of subsection (1)(a), the grounds for departure are as follows: a: that, by virtue of special circumstances, the capacity of either parent to provide financial support for the child is significantly reduced because of— i: the duty of the parent to maintain any other child or another person; or ii: special needs of any other child or another person that the parent has a duty to maintain; or iii: commitments of the parent necessary to enable the parent to support— A: himself or herself; or B: any other child or another person whom the parent has a duty to maintain; or b: that, in the special circumstances of the case, the costs of maintaining the child are significantly affected because— i: of high costs incurred by a parent or a receiving carer in enabling a parent or receiving carer to have contact with the child; or ii: of special needs of the child; or iii: the child is being cared for, educated, or trained in the manner that was expected by either of his or her parents; or c: that, by virtue of special circumstances, application in relation to the child of the provisions of this Act relating to formula assessment of child support would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child because of— i: the income, earning capacity, property, and financial resources of either parent or the child; or ii: any payments, and any transfer or settlement of property, previously made (whether under this Act, the Property (Relationships) Act 1976 or a receiving carer to the child, to a liable parent or a receiving carer iii: an entitlement of the liable parent or receiving carer liable parent or receiving carer interest; or Re-establishment costs situation if income increases d: that the application in relation to the child of the provisions of this Act relating to formula assessment of child support would result in an unjust and inequitable determination of the level of child support to be provided by the liable parent for the child in respect of a child support year because— i: the adjusted income see ii: some or all of the income from relevant additional work has been used, or will be used, by the parent to meet, wholly or partly, actual and reasonable costs incurred to re-establish himself or herself, and any child or other person that he or she has a duty to maintain, after the child's parents ceased to live together in a marriage, civil union, or de facto relationship. e: 3: For the purposes of subsection (2)(b)(i), costs incurred in enabling a parent or receiving carer to have contact with the child are not to be taken to be high unless the total of those costs during a child support year is more than 5% of the adjusted income 3A: In subsection (2)(d), relevant additional work 3B: In subsection (3A), the relevant 3-year period 3C: For the purpose of calculating that 3-year period, the court may exclude a period or periods of resumed cohabitation with, or each with, the sole or main motive of reconciliation if that period does not exceed, or those periods in aggregate do not exceed, 3 months. 3D: The ground in subsection (2)(d) applies only in relation to child support in respect of the child support year starting on 1 April 2016 or a later child support year. 4: In determining whether it would be just and equitable as regards the child, a receiving carer section 106 a: the objects of this Act, and, in particular, the nature of the duty of a parent to maintain a child and the fact that it is the parents of a child themselves who have the primary duty to maintain the child; and b: the proper needs of the child, having regard to— i: the manner in which the child is being, and in which the parents expect the child to be, cared for, educated, or trained; and ii: any special needs of the child; and c: the income, earning capacity, property, and financial resources of the child; and d: the income, earning capacity, property, and financial resources of each parent who is a party to the proceeding; and e: the commitments of each parent who is a party to the proceeding that are necessary to enable the parent to support— i: himself or herself; or ii: any other child or another person that the parent has a duty to maintain; and f: the direct and indirect costs incurred by the receiving carer receiving carer g: any hardship that would be caused to— i: the child or the receiving carer ii: the liable parent, or any other child or another person that the liable parent has a duty to support, by the making of, or the refusal to make, the order. 5: In having regard to the income, earning capacity, property, and financial resources of the child or a parent of the child, the court must— a: have regard to the capacity of the child or parent to earn or derive income, including having regard to any assets of, under the control of, or held for the benefit of, the child or parent that do not produce, but are capable of producing, income; and b: disregard the income, earning capacity, property, and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them. 6: The court may have regard to other matters beyond those specified in subsections (4) and (5). Child Support (Assessment) Act 1989 s 117 (Aust) Section 105(1) amended 1 March 2017 section 261 District Court Act 2016 Section 105(1)(b)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 105(2)(b)(i) replaced 1 April 2015 section 25(1) Child Support Amendment Act 2013 Section 105(2)(c)(ii) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 105(2)(c)(ii) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 105(2)(c)(iii) amended 25 February 2016 section 40(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(2)(c)(iii) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 105(2)(d) heading inserted 25 February 2016 section 40(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(2)(d) inserted 25 February 2016 section 40(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(2)(d)(i) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 105(2)(d)(ii) amended 1 April 2016 section 40(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(2)(e) heading repealed 26 October 2021 section 36 Child Support Amendment Act 2021 Section 105(2)(e) repealed 26 October 2021 section 36 Child Support Amendment Act 2021 Section 105(3) replaced 1 April 2015 section 25(2) Child Support Amendment Act 2013 Section 105(3) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 105(3A) inserted 25 February 2016 section 40(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(3B) inserted 25 February 2016 section 40(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(3C) inserted 25 February 2016 section 40(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(3D) inserted 25 February 2016 section 40(5) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 105(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 105(4)(f) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 105(4)(g)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 106: Orders that may be made 1: In determining an application made under section 104 a: an order departing from some or all of the provisions of this Act by substituting a different amount for any of the following amounts as they relate to a formula assessment, or prescribing an amount or a percentage by which any of those amounts must be varied: i: a person's adjusted income ii: a person's living allowance: iii: a person's dependent child allowance: iv: a person's child support income amount: v: the child expenditure amount applying in respect of a qualifying child: b: an order departing from some or all of the provisions of this Act relating to the formula assessment of child support in relation to the child and, as a result,— i: substituting a different annual amount of child support payable by a liable parent in place of the amount determined under a formula assessment; or ii: prescribing an amount or a percentage by which the annual amount of child support payable by a liable parent must vary from the amount determined under a formula assessment: c: an order that the provisions of this Act relating to a formula assessment of child support must not be departed from in relation to a particular child. 2: An order under this section may make different provision in relation to different child support years and in relation to different parts of a child support year. 3: Subject to section 98(2) 4: Every order made under this section shall specify the period of time in which the order is to apply or specify the event the occurrence of which will cause the order to terminate. Child Support (Assessment) Act 1989 s 118 (Aust) Section 106(1) replaced 1 April 2015 section 26 Child Support Amendment Act 2013 Section 106(1)(a)(i) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 106A: Further provision on orders for re-establishment costs situations if income increases The amount that an order under section 106 section 105(2)(d) income a: so much of the income from relevant additional work as has been used, or will be used, by the parent as referred to in section 105(2)(d)(ii) b: 30% of the parent’s adjusted income Section 106A inserted 25 February 2016 section 41(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 106A amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 Section 106A(b) amended 1 April 2022 section 9(2) Child Support Amendment Act 2021 106B: Further provision on orders for offsetting of liabilities situations Section 106B repealed 26 October 2021 section 37 Child Support Amendment Act 2021 107: Implementation of orders 1: When a decision of a court making an order in determination of an application under section 104 receiving carer 2: Subject to subsection (3), in subsequently making a formula assessment in relation to the child, the receiving carer 3: Notwithstanding subsection (2), where the Commissioner becomes aware of a change in circumstances which, had that change occurred prior to the making of that order, could reasonably be expected to have resulted in the order being different from that which was made, the Commissioner may— a: amend an existing formula assessment in relation to the child, the receiving carer b: in subsequently making a formula assessment in relation to the child, the receiving carer 4: Without limiting subsections (1) to (3), the Commissioner may, in taking action under any of those subsections, apply some or all of the provisions of this Act relating to the amount of child support payable in relation to a receiving carer under a formula assessment (for example, sections 36A to 36C Child Support (Assessment) Act 1989 s 119 (Aust) Section 107(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 107(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 107(3)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 107(3)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 107(4) inserted 25 February 2016 section 42 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Orders for provision of child support in form of lump sum 108: Application for order for provision of child support in form of lump sum 1: Where a receiving carer receiving carer receiving carer the Family Court receiving carer 2: An application— a: may be made only if a formula assessment is in force in relation to the child, the receiving carer b: may be made by the receiving carer 3: The Family Court a: an application to the Commissioner under subpart 3 b: an application to the Commissioner under section 96B c: proceedings started by the Commissioner under section 96V d: an application to the court under section 104 e: an appeal under any of sections 103A to 103C 4: Subject to section 125 receiving carer Child Support (Assessment) Act 1989 ss 122, 123 (Aust) Section 108(1) amended 1 March 2017 section 261 District Court Act 2016 Section 108(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 108(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 108(2)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 108(3) substituted 26 September 2006 section 27 Child Support Amendment Act 2006 Section 108(3) amended 1 March 2017 section 261 District Court Act 2016 Section 108(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 109: Orders for provision of child support in form of lump sum 1: Where a receiving carer the Family Court section 108 a: just and equitable as regards the child, the receiving carer b: otherwise proper,— to make an order that the liable parent pay a lump sum towards the support of the child, the court may make the order. 2: The Family Court may make either one, or both, of the following orders under this section: a: an order directing the respondent to pay such lump sum towards the future support of the child as the court thinks fit: b: an order directing the respondent to pay such lump sum towards the past support of the child as the court thinks fit. 3: In determining the application, the court must have regard to— a: the formula assessment in force in relation to the child, the receiving carer aa: any determination in force under Part 5A 6A 6B receiving carer b: any order in force under section 106 receiving carer c: the matters mentioned in section 105(4) and (5) d: the relationship between any lump sum order and any liability to pay child support under a formula assessment, as determined in accordance with section 110 4: The court may have regard to other matters beyond those specified in subsection (3). 5: The Commissioner shall, as soon as practicable, take such action as is necessary to give effect to any order made under this section. Child Support (Assessment) Act 1989 s 124 (Aust) Section 109(1) amended 1 March 2017 section 261 District Court Act 2016 Section 109(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 109(1)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 109(3)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 109(3)(aa) inserted 15 July 1994 section 6(1) Child Support Amendment Act 1994 Section 109(3)(aa) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 109(3)(aa) amended 26 September 2006 section 28 Child Support Amendment Act 2006 Section 109(3)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 110: Relationship between lump sum orders and assessed child support 1: Where— a: a liable parent is liable to provide child support to a receiving carer section 109 b: the liable parent is also liable to pay child support to that receiving carer the court shall provide that the liable parent's liability to provide child support under the lump sum order shall be credited against his or her liability to pay child support under the formula assessment for any period to which the lump sum order relates unless the court is satisfied that, in the special circumstances of the case, it would be— c: just and equitable as regards the child, the liable parent, and the receiving carer d: otherwise proper,— that the child support should not be so credited. 2: The court shall state in the lump sum order whether or not any such credit has been given. 3: If the court states in the order that the child support is to be credited against the liable parent's liability under any relevant formula assessment, the court must also state in the order either— a: that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant formula assessment is to be reduced by that amount (but not in a child support year below the minimum annual rate for that year under section 72(1)(a) b: that the child support is to count for a specified percentage of the annual rate of child support payable under any relevant formula assessment. 4: The court may, under subsections (1) and (3), make different provision in relation to different child support years and in relation to different parts of a child support year. 5: In making a determination under subsection (1)(d), the court must have regard to the matters mentioned in section 105(4) and (5) 6: The court may have regard to other matters beyond those specified in subsection (5). 7: Subject to section 98(2) Child Support (Assessment) Act 1989 s 125 (Aust) Section 110(1)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 110(1)(b) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 110(1)(c) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 110(3)(a) amended 7 November 2001 section 5(2) Child Support Amendment Act 2001 111: Effect of lump sum orders on formula assessment of child support 1: If the Family Court section 109 2: In subsequently making a relevant formula assessment, the Commissioner shall— a: calculate what would, apart from the application of the order, be the annual rate of child support payable by the liable parent to the receiving carer b: reduce that annual rate by the amount or percentage specified in the statement included in the order under section 110(3) c: make the assessment on the basis of that reduced annual rate. Child Support (Assessment) Act 1989 s 127 (Aust) Section 111(1) amended 1 March 2017 section 261 District Court Act 2016 Section 111(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Discharge, suspension, revival, and variation of orders 112: Discharge, suspension, revival, and variation of orders 1: A receiving carer the Family Court the Family Court section 103D section 106 section 109 2: If an order under section 103D section 106 section 109 the Family Court a: discharge the order; or b: suspend its operation wholly or in part and either until a further order or until a fixed time or the happening of a future event; or c: if the operation of the order has been suspended under paragraph (b), revive its operation wholly or in part; or d: subject to subsection (3), vary the order (including any statement included in the order under section 110 i: in a way that is inconsistent with the provisions of the section under which the order was made; or ii: so as to reduce the liability of any person to pay child support in a child support year below the equivalent of an annual rate that is equal to the minimum annual rate for that year under section 72(1)(a) 3: The court shall not discharge, suspend, revive, or vary an order under subsection (1) unless the court is satisfied, having regard in particular to any statement included in the order under section 110 a: just and equitable as regards the child, the receiving carer b: otherwise proper,— to make the order. 4: The court shall not, by any order under this section, vary an order unless it is also satisfied— a: that making the variation is justified because of a change in the circumstances of the child, the receiving carer b: that making the variation is justified because of a change in the all groups index number of the Consumers c: in a case where the order was made by consent, that the order is not proper or adequate; or d: that material facts were withheld from the court that made the order or from a court that varied the order, or that material evidence previously given before such a court was false. 5: If the court proposes to vary the order otherwise than by varying any statement included in the order under section 110 6: In determining whether to make an order under this section, the court must have regard to the matters mentioned in section 105(4) and (5) 7: The court may have regard to other matters beyond those specified in subsection (6). 8: The court must not, in considering the variation of an order, have regard to a change in the all groups index number of the Consumers 9: In satisfying itself for the purposes of subsection (4)(c), the court must have regard to any payments, and any transfer or settlement of property, previously made by the liable parent to the child, to the receiving carer 10: The discharge of an order does not affect the recovery of arrears due under the order, or under this Act, when the discharge takes effect. Child Support (Assessment) Act 1989 s 129 (Aust) Section 112(1) amended 1 March 2017 section 261 District Court Act 2016 Section 112(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 112(1) amended 26 September 2006 section 29(1) Child Support Amendment Act 2006 Section 112(2) amended 1 March 2017 section 261 District Court Act 2016 Section 112(2) amended 26 September 2006 section 29(2) Child Support Amendment Act 2006 Section 112(2)(d)(ii) substituted 7 November 2001 section 5(2) Child Support Amendment Act 2001 Section 112(3)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 112(4)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 112(4)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 112(8) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 112(9) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Orders to set aside voluntary agreements 113: Power to set aside agreements 1: The Family Court 2: Subject to section 125 3: Where a voluntary agreement is set aside under subsection (1), the Family Court the rights of the party concerned receiving carer 4: An order under subsection (3) may be made in the proceedings in which the order is set aside or in other proceedings brought on the application of a person who is or was a receiving carer 5: The Commissioner shall, as soon as practicable, take such action as is necessary to give effect to the order. Child Support (Assessment) Act 1989 ss 136, 137 (Aust) Section 113(1) amended 1 March 2017 section 261 District Court Act 2016 Section 113(3) amended 1 March 2017 section 261 District Court Act 2016 Section 113(3) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 113(3) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 113(4) amended 1 April 2015 section 34 Child Support Amendment Act 2013 114: Implementation of decision The Commissioner shall, as soon as practicable, take such action as is necessary to give effect to any decision made under section 113 Child Support (Assessment) Act 1989 s 138 (Aust) Effect of pending appeals 115: Pending appeal or application not to affect assessment 1: Subject to section 117 section 102 section 103 103A 103B 103C section 104 section 108 section 112 a: any assessment made in relation to the person; or b: the obligation to pay financial support; or c: the right of the Commissioner to receive and recover any financial support. 2: Subsection (1) does not apply in relation to a person if— a: the person has made an appeal under section 102 b: a ground of the appeal is that the person was not a parent of the child; and c: there is not a final decision of a court determining that ground of the appeal. Child Support (Assessment) Act 1989 s 135 (Aust) Section 115(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 115(1) amended 26 September 2006 section 30 Child Support Amendment Act 2006 Section 115(2)(a) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Suspension Heading amended 1 April 2021 section 38 Child Support Amendment Act 2021 116: Urgent maintenance orders Section 116 repealed 1 April 2021 section 39 Child Support Amendment Act 2021 117: Suspension orders 1: Where a proceeding has been instituted in the Family Court Part 6 2: If the court considers that it is desirable to do so taking into account the interests of the persons who may be affected by the outcome of the proceeding, the court may make such order suspending or altering the liability of any person to make payments under this Act as the court considers appropriate pending the hearing and final determination of the proceeding. 3: The court may, by order, vary or revoke an order made under subsection (2). 4: An order under subsection (2)— a: is subject to such terms and conditions as are specified in the order; and b: operates for such period as is specified in the order or, if no period is specified, until the decision of the court determining the proceeding becomes final. 5: An application under this section may be made and dealt with ex parte Child Support (Assessment) Act 1989 s 140 (Aust) Section 117(1) amended 1 March 2017 section 261 District Court Act 2016 Provisions relating to court orders 118: General powers of court 1: In exercising its powers under this Act, a court may, in addition to making an order under any of the provisions of this Part, do all or any of the following: a: order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies: b: order that any necessary deed or instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order: c: order that payment be made to a specified person or public authority or into court: d: make a permanent order, an order pending the disposal of proceedings, an order for a fixed period, an order until a child attains a specified age, or an order until a further order: e: make an order expressed to be retrospective to such day as the court considers appropriate not being a day that precedes the later of— i: 1 July 1992; or ii: the day on which the application for formula assessment to which the order applies was made: f: make an order imposing terms and conditions: g: make an order at any time. 2: Neither the dismissal of an application or appeal under this Act by the Family Court or the District Court, nor the refusal of the Family Court or the District Court 3: Where an order has been made or refused on an application or appeal under this Act, the court may, on the application of the applicant, appellant, or respondent, grant a rehearing of the application or appeal on such conditions as it thinks fit. 4: Rules of court may make provision with respect to the making of orders under this Act (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of any financial support payable under them. Child Support (Assessment) Act 1989 s 141 (Aust) Section 118(2) amended 1 March 2017 section 261 District Court Act 2016 119: Cessation of orders under Act 1: An order made under this Act in relation to a qualifying child shall cease to be in force,— aa: in the case of an order made under section 103D a: in the case of an order made under section 106 b: in the case of any other order relating to a liable parent's liability to pay child support under a formula assessment, on the date on which the parent ceases to be liable to pay child support in respect of the child under section 25 c: in any other case, if— i: the person on whose application the order was made— A: dies; or B: ceases to be a receiving carer ii: the person against whom the order was made dies. 2: An order made under this Act in relation to domestic a: the person who is the payee b: the person who is the liable person 3: Nothing in this section affects the recovery of arrears due under an order which ceases to be in force. Child Support (Assessment) Act 1989 s 142 (Aust) Section 119(1)(aa) inserted 26 September 2006 section 31 Child Support Amendment Act 2006 Section 119(1)(c)(i)(B) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 119(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 119(2) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 119(2)(a) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 119(2)(b) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Miscellaneous provisions 120: Appeal from decisions of courts 1: A party to the proceeding may appeal to the High Court against an order or declaration of the Family Court 1AA: However, no appeal may be made to the High Court under subsection (1) in relation to a decision under— a: section 226 b: section 226A 1A: The High Court Rules 2016 sections 126 to 130 section 124 2: On the ex parte section 126(1) 2A: Subsection (2) overrides subsection (1A). 3: The Commissioner may appeal to the High Court against an order or declaration of the Family Court section 102 103 3A: The High Court Rules 2016 sections 127 to 130 section 124 4: With the leave of the Court of Appeal, a party to an appeal under subsection (1) or subsection (3) may appeal to the Court of Appeal against all or part of any determination of the High Court made in the appeal. 5: On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceeding as the High Court had. 6: 7: 8: Subject to section 117 a: an assessment made in relation to the person; or b: the obligation to pay financial support; or c: the right of the Commissioner to receive and recover any financial support. 1964 No 136 s 27T Section 120(1) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 120(1) amended 1 March 2017 section 261 District Court Act 2016 Section 120(1AA) inserted 31 March 2014 section 4 Child Support Amendment Act (No 3) 2013 Section 120(1A) replaced 1 March 2017 section 261 District Court Act 2016 Section 120(2) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 120(2) amended 1 March 2017 section 261 District Court Act 2016 Section 120(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 120(3) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 120(3) amended 1 March 2017 section 261 District Court Act 2016 Section 120(3) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 120(3) amended 1 January 2004 section 47 Supreme Court Act 2003 Section 120(3A) replaced 1 March 2017 section 261 District Court Act 2016 Section 120(4) substituted 1 January 2004 section 47 Supreme Court Act 2003 Section 120(6) repealed 1 January 2004 section 47 Supreme Court Act 2003 Section 120(7) repealed 1 January 2004 section 47 Supreme Court Act 2003 121: Evidence on hearing of appeal against disallowance Where a court is considering an appeal under this Act against the disallowance by the Commissioner (in whole or in part) of an objection made under section 90 1964 No 136 s 27R(4) 122: UCB beneficiary is compellable witness against liable parent 1: This section applies, in a proceeding under this Act, to a person ( person A a: a carer of a qualifying child; and b: in receipt of an unsupported child’s benefit at any time during a period to which the proceeding relates. 2: Person A is a compellable witness— a: for the Commissioner against a person who, in relation to person A, is a liable parent; and b: for a liable parent against the Commissioner. 3: This section applies despite any rule of law to the contrary. 1964 No 136 s 27R(6) Section 122 replaced 1 July 2023 section 12 Child Support (Pass On) Acts Amendment Act 2023 123: Conduct of proceedings 1: The business of courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such a manner as may be necessary for the separating of the hearing of proceedings under this Act from other business. 2: Section 11A Family Court a: in the Family Court: b: in any other court, in which case— i: references in that section to the Family Court or court must be read as references to that other court; and ii: references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing. 3: 4: 1964 No 136 s 27U 1980 No 94 s 159 1980 No 157 s 7 Section 123(2) substituted 18 May 2009 section 7 Child Support Amendment Act 2008 Section 123(2) amended 1 March 2017 section 261 District Court Act 2016 Section 123(2)(a) replaced 1 March 2017 section 261 District Court Act 2016 Section 123(3) repealed 18 May 2009 section 7 Child Support Amendment Act 2008 Section 123(4) repealed 18 May 2009 section 7 Child Support Amendment Act 2008 124: Publication of reports of proceedings Sections 11B to 11D Family Court a: in the Family Court: b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 124 substituted 18 May 2009 section 8 Child Support Amendment Act 2008 Section 124 amended 1 March 2017 section 261 District Court Act 2016 Section 124(a) replaced 1 March 2017 section 261 District Court Act 2016 125: Intervention in proceedings 1: The Commissioner may intervene in, and contest and argue any question arising in, a proceeding under this Act to which he or she is not otherwise a party. 2: Any parent or carer 3: If a person intervenes in a proceeding under this Act, the person is to be taken to be a party to the proceedings with all the rights, duties, and liabilities of a party. Child Support (Assessment) Act 1989 s 145 (Aust) Section 125(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 126: Copies of orders to be forwarded to Commissioner Where a court makes an order under this Act, the Registrar or other responsible officer of the court shall, within 14 days after the day on which the order is made, send a certified or sealed copy of the order to the Commissioner. 127: Orders by consent In any proceeding before it under this Act, the Family Court or the District Court 1980 No 94 s 170 Section 127 amended 1 March 2017 section 261 District Court Act 2016 8: Collection of financial support Financial support is debt due to the Crown 128: Debt due to the Crown Any amount of financial support payable under this Act (including any penalty or interest imposed thereon) is a debt due to the Crown. Method in which financial support to be collected 129: Right to choose voluntary automatic deductions or other payment method 1: Subject to sections 129A to 131 a: by way of automatic deduction under Part 10 b: if those conditions are not met, by any other payment method acceptable to the Commissioner. 2: The conditions are that— a: the person is, or will be, the recipient of source deduction payments from the employer; and b: the person chooses, in a way acceptable to the Commissioner, for deductions in respect of future payments of financial support to be made from source deduction payments paid by the employer; and c: the Commissioner does not consider automatic deductions inappropriate in the person’s case. Section 129 replaced 25 February 2016 section 43 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 129(1) amended 26 October 2021 section 40 Child Support Amendment Act 2021 129A: Newly liable persons to pay financial support by automatic deduction 1: This section applies to a liable person who receives an assessment unless— a: the person is already paying financial support under this Act (for example, in respect of another child) by another payment method acceptable to the Commissioner; and b: the person is not in default of their obligations under this Act. 2: Section 129 a: by way of automatic deduction under Part 10 b: if the Commissioner considers automatic deduction inappropriate in the person’s case, by another payment method acceptable to the Commissioner. Section 129A inserted 26 October 2021 section 41 Child Support Amendment Act 2021 130: Defaulters to pay child support by automatic deduction Where any person makes default in any payment of financial support under this Act,— a: section 129 b: that payment, and those further payments, of financial support are to be paid— i: by way of automatic deduction under Part 10 ii: if the Commissioner considers automatic deduction inappropriate in the person’s case, by another payment method acceptable to the Commissioner. Section 130(b) replaced 25 February 2016 section 44 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 131: Social security beneficiaries to pay financial support by automatic deduction Where any person who is required to pay financial support under this Act is in receipt of any social security benefit a: section 129 b: payments of financial support shall be payable by way of automatic deduction under Part 10 social security benefit to which the person is or may become entitled Section 131 amended 1 July 2023 section 13(1) Child Support (Pass On) Acts Amendment Act 2023 Section 131(b) amended 1 July 2023 section 13(2) Child Support (Pass On) Acts Amendment Act 2023 Due dates for payment of financial support 132: Due date for payment of financial support 1: Subject to subsection (2) and section 133 2: Subject to section 133 133: Alteration to first due date where notice of assessment issued 1: Where the Commissioner issues a notice of assessment of financial support payable by a liable person, the first amount of that financial support that is required to be paid by that liable person after that notice of assessment is issued is a debt that is due and payable on the later of— a: the day on which that amount would, but for this section, be payable by the liable person; or b: the day that is 30 days after the date of issue of that notice of assessment. 2: This section does not apply in respect of an amended assessment to which the provisions of section 87(6) 134: Penalties for late payment of financial support debts Late payment penalties 1: A person liable to pay a financial support debt (whether that debt is incurred before, on, or after 1 April 2016 (2) or (3) a: the time stated in that subsection (which is a time after the time at which all of the debt became due and payable) occurs on or after 1 April 2016 b: at the time stated in that subsection, some or all of the debt remains unpaid. Late payment penalty: due date 2: At the expiry of the due date, the penalty is an amount equal to 2% of the amount of financial support remaining unpaid at the expiry of the due date. Late payment penalty: 27th 3: At the expiry of the 27th Incremental late payment penalty: first month after due date 4: Incremental late payment penalty: first 11 later months 5: Incremental late payment penalty: months after 1 year 6: 1976 No 65 s 398 s 41 Section 134 replaced 1 April 2016 section 39 Child Support Amendment Act 2013 Section 134(1) heading amended 1 April 2021 section 42(1) Child Support Amendment Act 2021 Section 134(1) amended 1 April 2021 section 42(2) Child Support Amendment Act 2021 Section 134(2) heading replaced 1 April 2021 section 42(3) Child Support Amendment Act 2021 Section 134(2) replaced 1 November 2021 section 8(2) Taxation (Budget 2021 and Remedial Measures) Act 2021 Section 134(3) heading amended 1 November 2021 section 8(4) Taxation (Budget 2021 and Remedial Measures) Act 2021 Section 134(3) heading amended 1 April 2021 section 42(4) Child Support Amendment Act 2021 Section 134(3) amended 1 November 2021 section 8(4) Taxation (Budget 2021 and Remedial Measures) Act 2021 Section 134(4) heading repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 Section 134(4) repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 Section 134(5) heading repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 Section 134(5) repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 Section 134(6) heading repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 Section 134(6) repealed 1 April 2021 section 42(6) Child Support Amendment Act 2021 134AAA: Sixty-day grace period before penalties apply 1: This section applies to a liable person who receives an assessment unless— a: the person is already a liable person under an existing assessment; or b: the assessment is for a period in respect of which the person was a liable person. 2: The person is not liable to pay to the Commissioner a penalty under section 134 3: The grace period starts,— a: if the person is liable to pay financial support, on the first date on which a debt becomes due and payable under the assessment by the liable person in respect of a period starting on or after the commencement of this section: b: if the person is subject to a nil assessment, on the date of the assessment. 4: The grace period ends with the expiry of 60 days after the grace period starts. Section 134AAA inserted 1 November 2021 section 43 Child Support Amendment Act 2021 134A: Status of penalties under section 134 A penalty payable under section 134 a: is a debt due to the Crown; and b: must for all purposes (except the purposes of Part 9 1976 No 65 s 398; 1985 No 141 s 41 Section 134A inserted 1 April 2016 section 39 Child Support Amendment Act 2013 134B: Act's provisions on liable person's financial support debt also apply to payees' debts arising from overpayments This Act's provisions on a liable person's financial support debt (including, without limitation, sections 134 135 135G sections 151(2) 151AA(5) and (6) Section 134B inserted 1 April 2016 section 39 Child Support Amendment Act 2013 Section 134B amended 1 April 2021 section 44 Child Support Amendment Act 2021 Interpretation provision relating to relief from penalties Heading inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135: Interpretation for purposes of sections 135A to 135G For the purposes of sections 135A to 135G penalty section 134 pre-2021 penalty section 134 Section 135 replaced 1 April 2021 section 45 Child Support Amendment Act 2021 Sufficient reason for declining to enter into or make payment agreement Heading inserted 25 February 2016 section 41 Child Support Amendment Act 2013 135AA: Non-compliance without reasonable cause with previous payment agreements 1: The Commissioner may decline to enter into a payment agreement with a liable person solely for the reason that the Commissioner is satisfied on the basis of information available to the Commissioner of both of the following matters: a: that the liable person has not complied with 1 or more earlier payment agreements; and b: that no reasonable cause existed for the liable person's non-compliance with all or any of those agreements. 2: This section does not prevent the Commissioner from— a: declining to enter into the agreement for any other reason; or b: ceasing, because of further information available to the Commissioner, to be satisfied of either or both of those matters. 3: For the purposes of section 96 Part 6 Section 135AA inserted 25 February 2016 section 41 Child Support Amendment Act 2013 Discretionary relief in respect of penalties and pre-2021 penalties Heading replaced 1 April 2021 section 46 Child Support Amendment Act 2021 135A: Application of sections 135AB to 135G 1: Sections 135AB to 135G 2: The Commissioner may grant relief to a liable person on any of the grounds specified in sections 135AB to 135G a: writing off the whole or part of a penalty or pre-2021 penalty; or b: if a penalty or pre-2021 penalty has been paid, in whole or in part, refunding to the liable person the whole or any part of that penalty or pre-2021 penalty that has been paid, with or without the writing off of any part of that penalty or pre-2021 penalty that has not been paid. Section 135A replaced 1 April 2021 section 46 Child Support Amendment Act 2021 135AB: Discretionary relief for pre-2021 penalties The Commissioner may grant relief to a liable person from the payment of pre-2021 penalties in the manner prescribed by section 135A Section 135AB inserted 1 April 2021 section 47 Child Support Amendment Act 2021 135B: Discretionary relief if reasonable cause 1: The Commissioner may grant relief to a liable person in the manner prescribed by section 135A a: there was a reasonable cause for the delay in payment of the debt to which a penalty relates; and b: the liable person remedied the default as soon as practicable. 2: For the purposes of this section, reasonable cause a: is beyond the control of the liable person, including a serious illness, an accident, or a disaster; and b: caused, in the opinion of the Commissioner, a reasonable delay in the payment of a financial support debt by the liable person. Section 135B substituted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135C: Discretionary relief if failure of another person to make deduction The Commissioner may grant relief to a liable person in the manner prescribed by section 135A a: the circumstances that contributed to the delay in the payment of the debt to which a penalty relates were due to, or caused directly or indirectly by, the failure of any person to make a deduction under Part 10 b: the liable person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and c: having regard to the nature of those circumstances, it would be fair and reasonable to grant relief. Section 135C inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135D: Discretionary relief if honest oversight by liable person with no history of default The Commissioner may grant relief to a liable person in the manner prescribed by section 135A a: the delay in payment of the debt to which a penalty relates is due to an honest oversight by the liable person; and b: the liable person has no history of default in previous payments of financial support; and c: the liable person paid the debt as soon as he or she became aware of the oversight. Section 135D inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135DA: Discretionary relief if recovery is inefficient use of Commissioner’s resources 1: This section applies in relation to penalties that have been imposed in respect of any part of the benefit component of an amount of child support that has been written off by the Commissioner under section 180A(1)(b)(ii) 2: The Commissioner may grant relief to a liable person in the manner prescribed by section 135A Section 135DA inserted 1 April 2021 section 48 Child Support Amendment Act 2021 135E: Discretionary relief if error made by Department The Commissioner may grant relief to a liable person in the manner prescribed by section 135A a: the delay in payment of the debt to which a penalty relates was due to an error made by an officer of the Department; and b: the liable person has acted in good faith and has altered his or her position in reliance on the error; and c: having regard to the circumstances of the case, it would be fair and reasonable to grant relief. Section 135E inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135F: Discretionary relief if debt waived or The Commissioner may grant relief to a liable person in the manner prescribed by section 135A a: the payee has— i: waived under section 179A ii: uplifted under section 180 b: it would be fair and reasonable to grant relief. Section 135F inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 Section 135F heading amended 1 April 2015 section 27(1) Child Support Amendment Act 2013 Section 135F(a) replaced 1 April 2015 section 27(2) Child Support Amendment Act 2013 135FA: Discretionary relief from incremental penalties unpaid before agreement entered into on or after 1 April 2016 Section 135FA repealed 1 April 2021 section 49 Child Support Amendment Act 2021 135G: Discretionary relief if serious hardship 1: The Commissioner may grant relief to a liable person from the payment of penalties in the manner prescribed by section 135A 2: Before making a decision under subsection (1) sections 6 6A 3: In this section and section serious hardship a: includes significant financial difficulties that arise because of— i: the liable person's inability to meet minimum living expenses according to normal community standards; or ii: the cost of medical treatment for an illness or injury of the liable person or the liable person's dependant; or iii: a serious illness suffered by the liable person or the liable person's dependant; or iv: the cost of education for the liable person's dependant: b: does not include significant financial difficulties that arise because— i: the liable person is obligated to pay tax or financial support; or ii: the liable person may become bankrupt; or iii: the liable person's, or the liable person's dependant's, social activities and entertainment may be limited; or iv: the liable person is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards. Section 135G inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 Section 135G heading amended 1 April 2021 section 50(1) Child Support Amendment Act 2021 Section 135G(1) replaced 1 April 2021 section 50(2) Child Support Amendment Act 2021 Section 135G(2) amended 1 April 2021 section 50(3) Child Support Amendment Act 2021 Section 135G(2) amended 1 April 2016 section 45(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 135G(3) amended 1 April 2021 section 50(4) Child Support Amendment Act 2021 Section 135G(3) amended 25 February 2016 section 44(3) Child Support Amendment Act 2013 135GA: Discretionary relief for residual penalty-only debt Section 135GA repealed 1 April 2021 section 51 Child Support Amendment Act 2021 Mandatory relief in respect of initial late payment penalty Heading repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135GB: Relief from initial late payment penalty if full or substantial compliance with payment arrangement entered into or made on or after 1 April 2016 Section 135GB repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135H: Relief from initial late payment penalty if full compliance with payment arrangement entered into or made before 1 April 2016 Section 135H repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135I: Relief from initial late payment penalty if minimum amount Section 135I repealed 1 April 2021 section 51 Child Support Amendment Act 2021 Mandatory relief in respect of incremental penalties Heading repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135J: Relief from incremental penalties unpaid before agreement entered into on or after 26 September 2006 Section 135J repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135JA: Relief from incremental penalties unpaid before deduction plan made on or after 1 April 2016 Section 135JA repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135K: Relief from incremental penalties in relation to arrangements entered into or made before 26 September 2006 Section 135K repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135L: Writing-off of incremental penalties if non-compliance with arrangement Section 135L repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135M: Relief from ongoing incremental penalties if payment agreement in force Section 135M repealed 1 April 2021 section 51 Child Support Amendment Act 2021 135N: Relief from ongoing incremental penalties if deduction notice in force Section 135N repealed 1 April 2021 section 51 Child Support Amendment Act 2021 Miscellaneous Heading inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 135O: Refunds paid out of Crown Bank Account without further appropriation Any refund made under sections 135A to 135G Section 135O inserted 26 September 2006 section 32(1) Child Support Amendment Act 2006 Section 135O amended 1 April 2021 section 52 Child Support Amendment Act 2021 136: Amounts payable per month and per day 1: Where child support or domestic maintenance 2: The amount of child support or domestic maintenance Section 136 substituted 24 July 1999 section 26 Child Support Amendment Act 1999 Section 136(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 136(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 136(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 136(2) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Application of payments collected 137: Order in which payments to be applied by Commissioner Where, in any month, an amount is paid to, or to be credited by, the Commissioner, or an amount is paid to and an amount is to be credited by the Commissioner, in relation to any person on account of financial support payable under this Act, the Commissioner shall, despite any direction given by or on behalf of the person, apply the amount of the payment or credit, or the sum of the amounts of the payment and credit, in payment successively as follows: a: b: any money payable by the person by way of a lump sum in accordance with an order made under section 109 c: any child support payable by the person in respect of any days in that month in the order in which those days occurred: d: any child support debts for any days in any preceding months in the order in which those days occurred: e: any domestic maintenance f: any domestic maintenance g: any penalty or interest imposed under this Act. Section 137(a) repealed 1 April 2021 section 53 Child Support Amendment Act 2021 Section 137(e) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 137(f) amended 26 April 2005 section 3 Child Support Amendment Act 2005 138: Apportionment of payment between payees 1: Subject to section 137 a: 2 or more financial support debts are owing by a person; and b: the debts relate to liabilities to pay financial support in relation to 2 or more payees; and c: an amount is paid to, or is to be credited by, the Commissioner, or an amount is paid to and an amount is to be credited by the Commissioner, in relation to all or any of the debts; and d: the total amount of the debts exceeds the amount paid or to be credited or the sum of the amounts paid and to be credited, as the case may be,— the Commissioner shall, despite any direction given by or on behalf of the person, apportion the amount of the payment or credit, or the sum of the amounts of the payment and credit, between the liabilities in relation to each of the payees in proportion to the entitlements of each, and apply the amounts so apportioned in partial discharge of each of those debts. 2: For the purposes of this section, a debt that is owing in relation to 2 or more payees is regarded as 2 or more separate debts. 9: Payment of financial support Establishment and operation of Child Support Trust Bank Account 139: Establishment of Child Support Trust Bank Account 1: An account by the name of the Child Support Trust Bank Account is established by this section. 2: Section 66(4) 3: The Child Support Trust Bank Account is a trust bank account for the purposes of section 67 140: Payments into, and out of, Child Support Trust Bank Account 1: All amounts received by the Commissioner pursuant to this Act shall be paid into a Crown Bank Account 2: There shall be paid into the Child Support Trust Bank Account out of a Crown Bank Account sections 141 to 145 3: The money standing to the credit of the Child Support Trust Bank Account shall be applied in making payments under sections 141 to 145 Section 140 substituted 15 July 1994 section 7 Child Support Amendment Act 1994 Section 140(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 140(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Payments by Commissioner 141: Payment to receiving carers who are not UCB beneficiaries 1: This section applies to money received by the Commissioner if— a: the money is by way of child support in respect of a qualifying child; and b: the receiving carer of that child is not a UCB beneficiary for that child. 2: The money must be paid to the receiving carer in accordance with this Part. Section 141 replaced 1 July 2023 section 14 Child Support (Pass On) Acts Amendment Act 2023 142: Payment of formula assessment child support to receiving carers who are UCB beneficiaries When section applies 1: This section applies only if— a: a person is the receiving carer of 1 or more children (the child support child or children b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children c: the child support child or children is or are either the same as, or different from, the UCB child or children; and d: the Commissioner receives money by way of child support in respect of the UCB child or children; and e: that money is paid by a liable parent or parents under 1 or more formula assessments; and f: the Commissioner does not receive money in respect of the UCB child or children from any person under a voluntary agreement. Duty in respect of each child for whom an unsupported child’s benefit is payable 2: If this section applies, the Commissioner must, in respect of each child for whom an unsupported child’s benefit is payable,— a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and c: deduct an amount equal to whichever is the lesser of the following amounts: i: the net of tax amount of the unsupported child’s benefit; or ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under paragraph (a) d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner) 3: This section does not limit the application of section 137 Section 142 replaced 1 July 2023 section 14 Child Support (Pass On) Acts Amendment Act 2023 143: Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries When section applies 1: This section applies only if— a: a person is the receiving carer of 1 or more children (the child support child or children b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children c: the child support child or children is or are either the same as, or different from, the UCB child or children; and d: the Commissioner receives money by way of child support in respect of the UCB child or children; and e: any of that money is paid by a liable parent or parents under 1 or more voluntary agreements. Duty in respect of each child for whom money is paid under a voluntary agreement 2: If this section applies, the Commissioner must, in respect of each child for whom money is paid under a voluntary agreement, pay to the receiving carer— a: the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and b: the amount by which the money paid under the voluntary agreement in respect of the child (except for any amount that the Commissioner is required to pay under paragraph (a) Duty in respect of each child for whom an unsupported child’s benefit is payable 3: If this section applies, the Commissioner must also, in respect of each child for whom an unsupported child’s benefit is payable,— a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child (except for any amount the Commissioner is required to pay under subsection (2) b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and c: deduct an amount equal to whichever is the lesser of the following amounts: i: the net of tax amount of the unsupported child’s benefit; or ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under subsection (2) paragraph (a) d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner) 4: This section does not limit the application of section 137 to the liable parent. Section 143 replaced 1 July 2023 section 14 Child Support (Pass On) Acts Amendment Act 2023 144: Payment of lump sum and other child support 1: All money received by the Commissioner— a: pursuant to an order of the court made under section 109 b: pursuant to an order to which Part 4 shall be paid to the receiving carer 2: Any such money shall not be taken into account under section 142 section 143 Section 144(1) amended 1 April 2015 section 34 Child Support Amendment Act 2013 145: Payment to spouses or other partners All money received by the Commissioner by way of domestic maintenance Section 145 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 145 amended 26 April 2005 section 3 Child Support Amendment Act 2005 146: Time at which payments are to be made 1: Any money by way of financial support— a: that is received by the Commissioner on or before the 20th day of any month; and b: that is required to be paid out by the Commissioner under any provision of this Part— shall, subject to this section, be paid out on or before the seventh day of the following month. 2: Any money that is paid to the Commissioner in advance of the day on which it is due shall be treated for the purposes of subsection (1) as if it is received by the Commissioner on the day on which it is due. 3: Where the amount that a payee is, but for this subsection, entitled to be paid under any provision of this Part is at any time less than $5, the Commissioner is not required to pay that amount at that time. 147: Unremitted deductions made by employers or PAYE intermediaries Where— a: the Commissioner is satisfied that a deduction has been made in any month by any person from money payable to a liable person under any provision of Part 10 b: the amount of the deduction is not paid to the Commissioner by the person on or before the 20th day of the following month,— the amount of that deduction shall, for the purposes of this Part, be deemed to have been received by the Commissioner on or before the 20th day of the following month Section 147 heading amended 26 March 2003 section 4(1) Child Support Amendment Act 2003 Section 147 amended 15 July 1994 section 10 Child Support Amendment Act 1994 148: Method by Any payment to be made to a payee under this section by the Commissioner shall, unless the Commissioner is satisfied that payment cannot be made in this manner, be paid by direct credit to a bank account nominated Section 148 heading amended 1 April 2016 section 51 Child Support Amendment Act 2013 Section 148 amended 24 July 1999 section 27 Child Support Amendment Act 1999 149: Unexplained remittances 1: This section applies where— a: on or before the 20th day of any month, the Commissioner receives an amount (referred to in this section as the received amount Part 10 b: the person has contravened section 163(1)(b) c: the Commissioner is unable to ascertain to the Commissioner's satisfaction, in sufficient time prior to the cut-off day for the making of payments on or before the seventh day of the following month, the portion of the received amount attributable to each of the liable persons from whom an amount was deducted by the person. 2: The Commissioner may, for the purposes of this Part, hold the received amount Section 149(2) amended 15 July 1994 section 11 Child Support Amendment Act 1994 150: Time at which unexplained remittances deemed to be received Any amount which is held by the Commissioner under section 149(2) 151: Overpayments to payees before 1 April 2016 1: Where a payee is before 1 April 2016 a: the payee was not entitled to be paid the amount; or b: the amount is, because of a subsequent variation in the liability of the liable person, repayable by the Commissioner to the liable person; or c: the amount is, because of a subsequent variation in the entitlement of the payee, in excess of the amount properly payable to the payee under this Act,— the amount is repayable by the payee to the Commissioner and is a debt due by the payee to the Crown. 2: The Commissioner shall, as soon as practicable, assess the amount that is so repayable, and the provisions of this Act shall apply to the amount assessed and to the payee as if that amount was financial support and the payee was a liable person. 3: Where, in any case to which subsection (1) applies, the payee is entitled to receive further payments under any provision of this Part, the amount of the debt due to the Crown by the payee may be recovered by reducing such of those payments by such amount as is determined in writing by the Commissioner. Section 151 heading amended 1 April 2016 section 52(1) Child Support Amendment Act 2013 Section 151(1) amended 1 April 2016 section 52(2) Child Support Amendment Act 2013 151AA: Overpayments to payees on or after 1 April 2016 1: This subsection applies to an amount that on or after 1 April 2016 a: the payee was not entitled to be paid the amount; or b: the amount is, because of a subsequent variation in the liability of the liable person, repayable by the Commissioner to the liable person; or c: the amount is, because of a subsequent variation in the entitlement of the payee, in excess of the amount properly payable to the payee under this Act. 2: An amount to which subsection (1) applies is, if that amount is assessed by the Commissioner in the exercise of the Commissioner's discretion under subsection (3),— a: repayable by the payee to the Commissioner; and b: a debt due by the payee to the Crown. 3: The Commissioner may assess an amount to which subsection (1) applies. 4: The Commissioner must notify the payee in writing of the assessment under subsection (3). 5: This Act (subject to subsection (6)) applies to the amount assessed, and to the payee, as if— a: that amount was financial support; and b: the payee was a liable person. 6: Sections 134 134A 135 to 135G 7: The Commissioner must notify the payee in writing of a determination under subsection (6), and the determination may be combined with an assessment under subsection (3). 8: If the payee is entitled to receive further payments under any provision of this Part, the amount of the debt due to the Crown by the payee may be recovered by reducing such of those payments by such amount as is determined in writing by the Commissioner. Section 151AA inserted 1 April 2016 section 53 Child Support Amendment Act 2013 Section 151AA(6) amended 1 April 2021 section 54 Child Support Amendment Act 2021 151A: Relief where child support overpaid before estimation Section 151A repealed 1 April 2016 section 54 Child Support Amendment Act 2013 152: Relief in cases of serious hardship In any case where— a: a person is required under section 151 or 151AA or 151AA(8) b: it is shown to the satisfaction of the Commissioner— i: that the person has suffered such loss or is in such circumstances that the repayment of the amount or part thereof that is unable to be so recovered has entailed or would entail serious hardship; or ii: that, owing to the death of the person, the dependents of that person are in such circumstances that the repayment of the full amount has entailed or would entail serious hardship,— the Commissioner may write off the debt, wholly or in part, and may make such alterations in the assessment as are necessary for that purpose; and may, if the amount unable to be recovered in the manner prescribed in section 151(3) or 151AA(8) 1976 No 65 s 414 Section 152(a) amended 1 April 2016 section 55(1)(a) Child Support Amendment Act 2013 Section 152(a) amended 1 April 2016 section 55(1)(b) Child Support Amendment Act 2013 Section 152(b) amended 1 April 2016 section 55(2) Child Support Amendment Act 2013 152A: Relief in case of exemption granted to liable person 1: The Commissioner must write off the whole of a debt, and may make alterations in the assessment that are necessary for that purpose, if the debt— a: is an amount that is repayable by the payee to the Commissioner under section 151 or 151AA b: arises solely as a result of the liable person being granted an exemption under subpart 2 or 4 2: The Commissioner must, if the debt has been paid in whole or in part, refund to the payee the part of the debt that has been paid. 3: Any refund made under this section must be paid out of a Crown Bank Account without further appropriation than this section. Section 152A inserted 26 September 2006 section 35 Child Support Amendment Act 2006 Section 152A(1)(a) amended 1 April 2016 section 56 Child Support Amendment Act 2013 Section 152A(1)(b) amended 27 June 2019 section 112 Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 152B: Offsetting child support payments 1: This section applies if 2 persons are each liable to pay in respect of the other an amount of child support under a formula assessment or a voluntary agreement 1A: The Commissioner may at any time offset one amount against the other if the Commissioner is satisfied that it would be just and equitable to do so. 2: However, the Commissioner cannot exercise this power in respect of any amount the other parent UCB beneficiary 3: Subsection (4) applies if— a: the power to offset should not have been exercised because of subsection (2); and b: the reversal of the offsetting results in a requirement to pay an additional amount of child support. 4: The parent must pay the additional amount within 30 days after the date on which the notice of reversal is given to the parent. Section 152B inserted 1 April 2015 section 28 Child Support Amendment Act 2013 Section 152B(1) replaced 26 October 2021 section 55(1) Child Support Amendment Act 2021 Section 152B(1) amended 30 March 2022 section 241 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 152B(1A) inserted 26 October 2021 section 55(1) Child Support Amendment Act 2021 Section 152B(2) amended 1 July 2023 section 15 Child Support (Pass On) Acts Amendment Act 2023 Section 152B(2) amended 26 October 2021 section 55(2) Child Support Amendment Act 2021 Section 152B(2) amended 25 February 2016 section 49 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 152B(3) inserted 26 October 2021 section 55(3) Child Support Amendment Act 2021 Section 152B(4) inserted 26 October 2021 section 55(3) Child Support Amendment Act 2021 10: Automatic deductions 153: Interpretation In this Part, unless the context otherwise requires,— deduction deduct deduction notice section 154 money payable section 155 payer section 159 Automatic deductions 154: Deduction notice 1: The Commissioner may, for the purpose of collecting financial support by way of automatic deduction in accordance with any of sections 129 to 131 a: specifying the name of the liable person and other particulars of the liable person sufficient to enable the liable person to be identified by that person; and b: instructing that person to make, in accordance with section 159 c: instructing that person to pay to the Commissioner, in accordance with section 163 2: Every notice under this section shall be given in writing or in any other form to which the person to whom it is directed agrees. Section 154(1) amended 25 February 2016 section 50 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 155: Money from which deductions to be made 1: Money is payable by a person to a liable person for the purposes of this Part if— a: it is payable by the person (whether on the person's own account or as agent or as trustee or otherwise) to the liable person; and b: it is payable on any day in the period commencing on the day on which a deduction notice is given to the person under section 154 section 158(2) 2: Without limiting subsection (1), where the person is a bank, that subsection applies to any money (including interest thereon) that, on any day in the period referred to in paragraph (b) of that subsection, is on deposit or is deposited with the person to the credit of the liable person, whether or not— a: the deposit or the depositing is on current account: b: the money is to be at interest for a fixed term or without limitation of time: c: the liable person has made any application to withdraw or uplift the money. 3: For the purposes of this Act, money— a: that is held in a joint bank account in the name of a liable person and 1 or more other persons; and b: that can be withdrawn from the account by or on behalf of the liable person without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons,— is deemed to be money that is on deposit or is deposited to the credit of the liable person. 4: For the purposes of this Act, unless the context otherwise requires, bank a: any registered bank within the meaning of that term in section 2 Banking (Prudential Supervision) Act 1989 b: any trustee bank or trustee bank's successor company (within the meaning of those terms in section 4 c: any private savings bank carried on under the Private Savings Banks Act 1983: d: any building society registered under the Building Societies Act 1965 e: any person (not being a person of any of the kinds referred to in paragraphs (a) to (d)) that is a person carrying on in New Zealand the business of banking Section 155(4)(a) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 155(4)(b) amended 21 May 1999 section 5 Trustee Banks Restructuring Act Repeal Act 1999 Section 155(4)(e) amended 30 June 1995 section 2(2) Banking Act Repeal Act 1995 156: Copy of deduction notice to be given to liable person 1: Where the Commissioner gives a deduction notice under section 154 2: For the purposes of the Tax Administration Act 1994 person 3: Despite subsection (1), for a notice relating to an amount of wages or salary of the liable person, the Commissioner may dispense with the requirement to send a copy of the notice to the liable person if, after making reasonable inquiries, the Commissioner has, or can find, no valid address for the liable person. Section 156 heading amended 26 September 2006 section 36(1) Child Support Amendment Act 2006 Section 156(2) amended 26 September 2006 section 36(2) Child Support Amendment Act 2006 Section 156(2) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 156(3) inserted 2 June 2016 section 222 Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 157: Priority of deductions under this Act The requirement that the person is to make periodic deductions from any money payable to the liable person by that person in compliance with a deduction notice, and to pay amounts so deducted to the Commissioner in accordance with section 163 a: prevail over and have priority to— i: any assignment or charge created by the liable person before the giving of the deduction notice (other than an assignment or charge that is created as security for money that has already been loaned by the person at the time that the deduction notice is given); and ii: any assignment or charge created by the liable person after the giving of the deduction notice,— and that requirement shall have the same effect as if no such assignment or charge had been made or created by the liable person; and b: prevail over and have priority to any charge created by any attachment order or deduction notice issued under any other Act; and c: apply notwithstanding anything in section 97 of the Shipping and Seamen Act 1952 158: Life of deduction notices 1: Every deduction notice shall remain in force until revoked. 2: The Commissioner may revoke any deduction notice by giving to the person to whom the notice was given— a: a notice of revocation; or b: a new deduction notice in respect of the liable person. 3: A person who has chosen under section 129 4: In that case, the Commissioner must revoke any relevant deduction notice under subsection (2)(a) unless section 130 131 Section 158(3) inserted 25 February 2016 section 51 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 158(4) inserted 25 February 2016 section 51 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 159: Duty of payer to make deductions from money payable 1: Where the Commissioner has issued a deduction notice to any person, the person shall deduct from any money payable to the liable person such sum as is equal to the lesser of— a: the amount that the deduction notice requires to be so deducted at that time; or b: the amount of the money payable at that time. 2: Every such deduction shall be made in accordance with the deduction notice. 3: This section is subject to section 165 160: Periodic deductions from money other than source deduction payments Where— a: a person is required by a deduction notice to make periodic deductions of a specified daily, weekly, fortnightly, or monthly deduction amount from any money payable; and b: that money payable is not a source deduction payment,— the amount of the deduction shall be the amount of the specified daily, weekly, fortnightly, or monthly deduction amount. 161: No opting out Where a person is required by a deduction notice to make periodic deductions from any money payable, any agreement with a person other than the Commissioner not to make the deduction in accordance with that notice shall be void. 162: Authority to make deductions Any person making a deduction or payment pursuant to a deduction notice shall be deemed to have been acting under the authority of the liable person to whom the notice relates and of all other persons concerned and is hereby indemnified in respect of the deduction or payment. 163: Payment of deductions to Commissioner 1: A payer who has made a deduction under this Part from money payable to a liable person must— a: pay to the Commissioner the sum deducted to the credit of the liable person by the date required by section RD 4 b: provide the Commissioner with the employment income information referred to in section RD 22 sections 23E to 23H 23J 2: The Commissioner may, by notice in writing to the payer, vary, in such instances and to such extent as the Commissioner thinks fit, the requirements of this section. Section 163(1) replaced 1 April 2019 section 406 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 163(1)(b) amended 1 April 2019 section 325 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 164: Discharge of liable person's liability to Commissioner and payer's liability to liable person Where a payer deducts an amount under this Part from any money payable to a liable person,— a: the liable person is, to the extent of the amount deducted, discharged from the liable person's liability to make payments to the Commissioner under the liability; and b: the payer is discharged from liability to pay the amount to any person other than the Commissioner. 165: Protected net earnings rate 1: Notwithstanding anything in this Part, the employer of a liable person , or a PAYE intermediary for the employer, pay period (within the meaning of section YA 1 the amount of any tax withheld or deducted under the PAYE rules of the Income Tax Act 2007 2: This section is subject to any instruction received by an employer or a PAYE intermediary section 166 3: In this section, PAYE intermediary section YA 1 1964 No 136 s 27ZB Section 165(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 165(1) amended 26 March 2003 section 5(1) Child Support Amendment Act 2003 Section 165(1) amended 24 July 1999 section 29(a) Child Support Amendment Act 1999 Section 165(2) added 24 July 1999 section 29(b) Child Support Amendment Act 1999 Section 165(2) amended 26 March 2003 section 5(2) Child Support Amendment Act 2003 Section 165(3) added 26 March 2003 section 5(3) Child Support Amendment Act 2003 Section 165(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 166: Position where liable person has 2 or more employers 1: Where a liable person is in receipt of source deduction payments from 2 or more employers, the Commissioner may— a: treat any one of the employers as the only employer for the purposes of this Part; or b: apply this Part in relation to any 2 or more of the employers with such modifications as the Commissioner considers appropriate, being modifications made for the purpose of ensuring that the amounts collected under this Part in relation to the liability are, in the aggregate, the same as those that would be collected in relation to the liability if the liable person had only 1 employer. 2: Without limiting the generality of subsection (1)(b), where a liable person has more than 1 employer, the Commissioner may, under that subsection and on the request of the liable person, disregard, and instruct an employer of the liable person , or a PAYE intermediary for the employer, section 165(1) and all PAYE intermediaries the amount of any tax withheld under the PAYE rules of the Income Tax Act 2007 3: In this section, PAYE intermediary section YA 1 Section 166(2) added 24 July 1999 section 30 Child Support Amendment Act 1999 Section 166(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 166(2) amended 26 March 2003 section 6(1)(a) Child Support Amendment Act 2003 Section 166(2) amended 26 March 2003 section 6(1)(b) Child Support Amendment Act 2003 Section 166(3) added 26 March 2003 section 6(2) Child Support Amendment Act 2003 Section 166(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 167: Deductions to be held on trust 1: For the purposes of this section, financial support deduction section 159 2: The amount of every financial support deduction made by any payer under this Part shall be held in trust for the Crown, and any amount so held in trust shall not be property of the payer liable to execution. 168: Payer failing to make financial support deductions 1: Where a payer fails to make a deduction in accordance with the payer's obligations under this Part, the amount in respect of which default has been made shall constitute a debt payable by the payer to the Commissioner, and shall be deemed to have become due and payable to the Commissioner on the 20th day of the month following the month in which that deduction was required to be made in accordance with those obligations. 2: Nothing in this section shall apply to a failure by a bank to make a deduction from a bank account. 3: The right of the Commissioner to recover from the payer the amount in respect of which default has been made shall be in addition to any right of the Commissioner to recover that amount from the liable person under this Act; and nothing in this Part shall be construed as preventing the Commissioner from taking such steps as the Commissioner thinks fit to recover that amount from the payer and from the liable person concurrently, or from recovering that amount wholly from the payer or wholly from the liable person or partly from the payer and partly from the liable person. 4: Where any amount required to be deducted in accordance with this Part from any money payable to a liable person is instead paid to the Commissioner by the payer of the amount payable, the amount so paid to the Commissioner may be recovered by the payer from the liable person. 1976 No 65 s 366 169: Unpaid financial support to constitute charge on payer's property 1: Where a payer fails wholly or in part to make any deduction in accordance with that payer's obligations under this Part, or is liable to pay any sum to the Commissioner under this Part or the Tax Administration Act 1994 (including any interest or penalty) 2: Nothing in this section shall apply to a failure by a bank to make a deduction from a bank account. 3: Every charge created by this section shall be subject to any mortgage, charge, or encumbrance that exists at the time of the creation of the charge and that either— a: has been registered under any registration Act to which the property is subject; or b: that is valid and effectual under the Personal Property Securities Act 1999 but, subject to this section, shall have priority over all other mortgages, charges, or encumbrances. Notwithstanding anything in any other Act, if any property subject to the charge created by this section is also subject to a charge created by that other Act, the charges shall rank equally with each other unless by virtue of that Act the charge created thereby would be deferred to the charge created by this section. 4: Despite section 23(b) 4B: The Commissioner is not required to pay a fee for the registration of a charge under a registration Act in reliance on this section. 5: For the purpose of this section, registration Act a: subpart 5 b: the Personal Property Securities Act 1999 6: Particulars recorded under subsection (4) are to operate and take priority according to the provisions of the applicable registration Act. 6B: If the registration under this section of a charge over property occurs after the registration of a mortgage over the same property and before an advance of money secured by the mortgage, the charge has priority over the mortgage in respect of that money. 7: On the satisfaction of a charge that is registered under a registration Act in reliance on this section, the Commissioner must release the charge in the manner required by the registration Act, with such modifications as may be necessary. 7B: The Commissioner is not required to pay a fee for the release of a charge that is registered under a registration Act in reliance on this section. 8: Any charge created by this section which is registered against any property shall operate to secure any amount secured by any prior unregistered charge and unpaid at the time of registration of the charge, and also to secure any amount secured by any charge coming into existence after the registration of the charge, so that the registered charge shall operate to secure the total of all amounts for the time being owing by the payer under all charges created by this section. 9: If any amount constitutes by virtue of this section a charge on any property, the Family Court or the District Court 10: Where any property has been sold under any such order, the Family Court or, as the case may be, the District Court may, on the application of the purchaser or the Commissioner, make an order vesting the property in the purchaser. 11: Every such vesting order shall have the same effect as if all persons entitled to the property had been free from all disability and had duly executed all proper conveyances, transfers, and assignments of the property for such estate or interest as is specified in the order Land Transfer Act 2017 12: This section shall apply subject to section 167 1976 No 65 s 367 Section 169(1) amended 26 July 1996 Child Support Amendment Act 1996 Section 169(1) amended 26 July 1996 Child Support Amendment Act 1996 Section 169(3)(b) amended 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 169(4) substituted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(4B) inserted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(5) substituted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(5)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 169(6) substituted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(6B) inserted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(7) substituted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(7B) inserted 25 November 2003 section 3 Child Support Amendment Act (No 2) 2003 Section 169(9) amended 1 March 2017 section 261 District Court Act 2016 Section 169(11) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 169(11) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 170: Payers not to disclose information Any person who is, or has been,— a: a payer; or b: a person employed by, or performing services for, a payer,— shall not, except for the purposes of this Part or otherwise in connection with the performance of the payer's duties under this Part or in connection with carrying on the payer's affairs, directly or indirectly divulge or communicate to a second person any information in relation to the affairs of a third person, being information disclosed or obtained under or for the purposes of this Part and acquired by the person because of, or in the course of, the performance of the payer's duties under this Part. Offences and penalties 171: Offence to prejudice employees because of financial support liability 1: Any employer commits an offence against this Act who— a: refuses to employ, or to pay salary or wages to, another person; or b: dismisses, or threatens to dismiss, another person from his or her employment; or c: terminates, or threatens to terminate, the payment of salary or wages to another person; or d: prejudices, or threatens to prejudice, another person in his or her employment or otherwise in the receipt of salary or wages; or e: intimidates or coerces, imposes any pecuniary or other penalty on, or takes any other disciplinary action in relation to, another person,— because the other person— f: is a liable person; or g: is an employee in relation to whom a deduction notice has been given to the employer. 2: In a prosecution for an offence against subsection (1), it is not necessary for the prosecutor to prove the reason for the defendant's action, but it is a defence to the prosecution if the defendant proves, on the balance of probabilities, that the action was not motivated (either in whole or in part) by a reason specified in that subsection. 3: Where an employer is convicted of an offence against subsection (1) constituted by an act done in relation to a person, the court may— a: order the payment of compensation to the person for loss or damage suffered as a result of the act; and b: order the taking of action to remedy or reduce the loss or damage suffered by the person as a result of the act. 172: Other offences in relation to this Part Without limiting the application of section 208 section 170 Section 172 substituted 26 July 1996 Child Support Amendment Act 1996 173: Penalty for late deductions Section 173 repealed 26 July 1996 Child Support Amendment Act 1996 174: Write-off of late deduction penalty Section 174 repealed 26 July 1996 Child Support Amendment Act 1996 Miscellaneous provisions 175: Application of other provisions to amounts payable under this Part Subject to this Part, the provisions of this Act and the Tax Administration Act 1994 1976 No 65 s 373 Section 175 amended 26 July 1996 Child Support Amendment Act 1996 176: Application of amounts paid or credited where 2 or more debts due Where— a: 2 or more debts are due to the Commissioner by a payer under this Part; and b: an amount is paid to the Commissioner in relation to all or any of the debts; and c: the total amount of the debts exceeds the amount so paid or, as the case may be, the sum of the amounts so paid,— the Commissioner may, despite any direction given by or on behalf of the payer,— d: apply the amount, or the sum of the amounts, paid by the payer in partial discharge of the total amount of the debts; and e: recover the amount by which the total amount of the debts exceeds the amount so paid or the sum of the amounts paid,— without allocating the amount, or the sum of the amounts, towards the discharge of any particular debt or debts. 177: Records to be kept by payer 1: A payer shall— a: keep records that record and explain— i: all amounts deducted, or required to be deducted, from any money payable to a liable person under section 159 ii: other acts engaged in by the payer, or required to be engaged in by the payer, under this Part; and b: retain those records for a period of not less than 7 years. 2: The records shall be kept— a: in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and b: so as to enable the matters and acts referred to in subsection (1)(a) to be readily ascertained. 3: Nothing in this section shall require a person to retain records where the Commissioner has notified the person that retention of the records is not required. 11: Enforcement provisions 178: Mode of recovery of unpaid financial support All unpaid financial support and any unpaid penalty or other charge imposed thereon under this Act shall be recoverable by the Commissioner on behalf of the Crown by suit in the Commissioner's official name and that money may, without prejudice to any mode of recovery, then be enforceable in the same manner as a judgment given by the District Court in civil proceedings. 1980 No 94 s 101 179: Payee has no right to take action to recover financial support payments Subject to section 180 179A: Waiver of right to payment 1: A payee who is a non-parent receiving carer of a qualifying child (other than a payee who is in receipt of an unsupported child's benefit for that child 2: The notice takes effect as a waiver on the date specified in the notice; but if no date is specified, it takes effect on the date on which the notice is received by the Commissioner. 3: On and from the date on which a waiver takes effect, no unpaid child support payments constitute a debt payable by the liable parent to the Crown, whether the payments were due before, on, or after the date on which the waiver takes effect. 4: A waiver under this section is revocable at any time, by notice to the Commissioner, and the revocation takes effect on the later of the following: a: the date specified in the notice: b: the date on which the notice is received by the Commissioner. 5: A waiver under this section is deemed to be revoked if, and on the date that, the payee begins to receive an unsupported child's benefit for the child to whom the waiver relates 6: If a waiver is revoked, the liable parent must pay the child support due in relation to the child from the date the revocation takes effect, and must pay it within 30 days after the date on which the notice of revocation is given to the liable parent. Section 179A inserted 1 April 2015 section 29 Child Support Amendment Act 2013 Section 179A(1) amended 1 July 2023 section 16(1) Child Support (Pass On) Acts Amendment Act 2023 Section 179A(1) amended 1 April 2015 section 215(1) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 Section 179A(5) amended 1 July 2023 section 16(2) Child Support (Pass On) Acts Amendment Act 2023 Section 179A(5) amended 1 April 2015 section 215(2) Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 180: Payee may uplift financial support debt 1: A person who is the payee in respect of an amount of child support or domestic maintenance a: the Commissioner cease to pursue payment of the whole or any part of an amount payable by the liable person that is unpaid and in arrear; or b: the Commissioner not pursue payment of an amount that is to become payable in the future by a liable person. 2: This section does not entitle an election to be made in relation to an amount of child support payable to a payee, other than pursuant to a lump sum order made under section 109 a: under subsection (1)(a), if the amount of child support was payable in respect of a period during which the payee was a UCB beneficiary b: under subsection (1)(b), if the payee is a UCB beneficiary c: under subsection (1)(b), if the payee is not a UCB beneficiary i: the Commissioner has accepted an election under section 27 ii: the payee elects that the liability of the liable parent to pay child support is to end under section 64 70 3: Where the Commissioner receives an election under subsection (1) that complies with the requirements of this section, the amount of money that is or becomes unpaid and in arrear, to the extent that the payee has elected that the Commissioner not pursue payment,— a: ceases to be a debt payable by the liable person to the Crown under this Act; and b: becomes a debt payable by the liable person to the payee; and c: without prejudice to any mode of recovery and despite section 179 the District Court 4: An election made under this section is irrevocable from the time that the amount of child support or domestic maintenance Section 180 substituted 24 July 1999 section 31 Child Support Amendment Act 1999 Section 180(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 180(2) replaced 1 April 2016 section 59 Child Support Amendment Act 2013 Section 180(2)(a) amended 1 July 2023 section 17(1) Child Support (Pass On) Acts Amendment Act 2023 Section 180(2)(b) amended 1 July 2023 section 17(2) Child Support (Pass On) Acts Amendment Act 2023 Section 180(2)(c) amended 1 July 2023 section 17(2) Child Support (Pass On) Acts Amendment Act 2023 Section 180(3)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 180(4) amended 26 April 2005 section 3 Child Support Amendment Act 2005 180A: Commissioner may write off benefit component of child support debt if receiving carer was UCB beneficiary 1: The Commissioner may write off some or all of the benefit component of an amount of child support that is payable by the liable person to the Crown under this Act, and that is unpaid and in arrear, if— a: the amount of child support was payable in respect of a period during which the receiving carer was a UCB beneficiary b: the Commissioner is satisfied that recovery of that part or, as the case requires, all, of the benefit component of the amount of child support would do either or both of the following: i: place the liable person in serious hardship (as defined in section 135G(3) ii: involve an inefficient use of the Commissioner's resources. 2: The benefit component section 142 143 Section 180A inserted 1 April 2016 section 60 Child Support Amendment Act 2013 Section 180A heading amended 1 July 2023 section 18(1) Child Support (Pass On) Acts Amendment Act 2023 Section 180A(1)(a) amended 1 July 2023 section 18(2) Child Support (Pass On) Acts Amendment Act 2023 Section 180A(2) amended 1 July 2023 section 18(3) Child Support (Pass On) Acts Amendment Act 2023 180B: Commissioner may write off child support debt if liable person has died and his or her estate is insufficient 1: The Commissioner may write off some or all of an amount of child support debt that is payable by the estate of a liable person to the Crown under this Act, and that is unpaid and in arrear, if— a: the liable person has died; and b: the Commissioner is satisfied that the liable person's estate is insufficient to pay the part, or all, of the amount. 2: Subsection (1) applies even if no order has been made that the liable person's estate be administered under Part 6 Section 180B inserted 1 April 2016 section 60 Child Support Amendment Act 2013 180C: Commissioner may write off child support debt if receiving carer has died and debt is likely to be unable to be recovered The Commissioner may write off some or all of an amount of child support debt that is payable by a liable person to the Crown under this Act, and that is unpaid and in arrear, if— a: the receiving carer has died; and b: the Commissioner is satisfied that the part, or all, of the amount is for any reason likely to be unable to be recovered. Section 180C inserted 1 April 2016 section 60 Child Support Amendment Act 2013 180D: Sections 180B and 180C to cover child support penalties In sections 180B 180C child support debt a: b: ba: a penalty (as defined in section 135 bb: a pre-2021 penalty (as defined in section 135 c: a penalty imposed under section 45 clauses 1A 2A Section 180D inserted 1 April 2016 section 60 Child Support Amendment Act 2013 Section 180D(a) repealed 30 March 2022 section 242(1) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 180D(b) repealed 30 March 2022 section 242(1) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 180D(ba) inserted 30 March 2022 section 242(2) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 180D(bb) inserted 30 March 2022 section 242(2) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 181: Application of tax overpayments Where— a: the Commissioner finds in any case that an amount is owing to any person by the Crown under any of the Inland Revenue Acts (other than this Act) within the meaning of the Tax Administration Act 1994 b: a debt is due by the person under this Act,— the Commissioner— c: shall first apply that amount owing to the person against any debt or debts owing by that person under any of those Acts; and d: may secondly apply any excess against the amount of the debt that is due by the person under this Act. Section 181(a) amended 1 April 1995 section YB 1 Income Tax Act 1994 182: Bankruptcy 1: Where a liable person who is required to make any payment under this Act is adjudicated a bankrupt, all money due and unpaid at the date of the adjudication shall constitute a debt provable in the bankruptcy. 2: No such bankruptcy and no discharge from the bankruptcy shall— a: release the bankrupt from any personal liability under this Act, or from any proceedings for the enforcement of any liability under this Act, or for the punishment of any breach of any provision of this Act, whether in respect of money due at the time of the adjudication or of the filing of the petition or accruing due thereafter; or b: affect any security for the payment of any liability under this Act, or the liability of any property to be made available in satisfaction of any liability under this Act, other than property that is or becomes assets in the bankruptcy. 1980 No 94 s 102 183: Warrant to seize property 1: Where any financial support that is payable by any person under this Act (and any penalty or interest imposed thereon under this Act) is in arrear and unpaid for not less than 14 days, a District Court Judge may issue a warrant to seize property 2: Every such warrant to seize property 3: Except to the extent that they are modified or varied by this section or by any rules of procedure made under this Act, the provisions of the District Court Act 2016 warrants to seize property warrant to seize property 4: For the purpose of executing any warrant to seize property provided that if any person in actual occupation of the premises requires the bailiff to produce evidence of his or her authority, the bailiff executing the warrant shall produce the warrant before entering on the premises. 5: Where a person against whom a warrant to seize property the expenses of the seizure of property 6: Where goods have been seized under a warrant to seize property 7: The surplus of the sale, if any, shall be handed by the bailiff to the Registrar, who shall pay the amount to the person against whom the warrant to seize property 8: 9: No seizure of property warrant to seize property 10: Section 175 1980 No 94 s 103 Section 183 heading replaced 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(1) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(2) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(3) amended 1 March 2017 section 261 District Court Act 2016 Section 183(3) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(4) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(5) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(6) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(7) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(8) repealed 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(9) amended 14 April 2014 section 43 District Courts Amendment Act 2011 Section 183(10) replaced 1 March 2017 section 261 District Court Act 2016 Charging orders 184: Charging orders 1: Where a person has a liability to pay financial support under this Act, the Family Court or the District Court 2: Subject in the case of any real property to registration under subsection (6), the property shall become subject to a charge accordingly in favour of the person to whom for the time being and from time to time the money is or becomes payable. 3: A charging order shall specify, in such a manner as to identify it, the property on which the charge is imposed. 4: A charging order may at any time be varied or discharged by the court. 5: Nothing in section 131 of the Workers' Compensation Act 1956 or in section 89 of the Accident Compensation Act 1982 shall apply to any charge constituted under this section. 6: Where a charging order is made in respect of the registered estate or interest of the respondent in any land, a duplicate or copy of the order under the seal of the court may be delivered for registration to the Registrar-General of Land Land Transfer Act 2017 Registrar-General of Land 7: The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument or title, or record it and note its particulars on the filed copy of the mining privilege to which it relates, as the case may require. 8: An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order. 1980 No 94 s 118 Section 184(1) amended 1 March 2017 section 261 District Court Act 2016 Section 184(6) amended 12 November 2018 section 250 Land Transfer Act 2017 185: Charging orders on life insurance policies The authority conferred on the court by section 184 1980 No 94 s 119 186: Extent to which charging orders bind the Crown 1: For the purposes of this section, the term employing department a: a department of State in which a person is employed; and b: in relation to a person to whom any retiring allowance or pension or other payment of a similar nature is payable— i: out of the Government Superannuation Fund, the Government Superannuation Fund Authority ii: out of the National Provident Fund, the Board of Trustees of the National Provident Fund. 2: Section 184 3: A charging order may be made under section 184 4: A charging order shall, in specifying the property on which the charge is imposed, specify the amount or the approximate amount (if known) of the sum so payable by the Crown, the circumstances giving rise to the liability of the Crown to make the payment, and the officer of the Crown (described by the name of the office, the name of the department, and the place where the officer is stationed) by whom in the ordinary course of Crown business payment of that sum would be made to the liable person. 5: Service of a charging order shall— a: be made on the chief executive of the department affected and also on any officer of the Crown (described by the name of the office, the name of the department, and the place where the officer is stationed) specified in the order; and b: be served on the chief executive to whom it relates, either personally or by leaving it at the employer's place of business, or by sending it by registered letter addressed to the employer at the chief executive's place of business; and c: where service of a charging order is effected by registered letter, then in the absence of proof to the contrary, the order shall be deemed to have been served when it would have been delivered in the ordinary course of post, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted. 6: Unless in any particular case the Crown agrees to the contrary, this section shall not apply— a: to any payment of money that in the ordinary course of Crown business is or would be effected otherwise than through some person in the service of the Crown who is employed in a department of State within New Zealand; or b: to any money in the payment of which the Crown acts only in the capacity of an agent. 1980 No 94 s 120 Section 186(1)(b) substituted 1 October 1995 section 31 Government Superannuation Fund Amendment Act 1995 Section 186(1)(b)(i) amended 2 October 2001 section 40 Government Superannuation Fund Amendment Act 2001 Receiving orders 187: Receiving orders 1: If any amount constitutes, by virtue of section 184 the Family Court or the District Court Public Trust provided that neither Public Trust 2: Where any property has been sold under any such order, the High Court may, on the application of the purchaser or the Commissioner, make an order vesting the property in the purchaser. 3: Every such vesting order shall have the same effect as if all persons entitled to the property had been free from all disability and had duly executed all proper conveyances, transfers, and assignments of the property for such estate or interest as is specified in the order Land Transfer Act 2017 4: The court may, at any time after making a receiving order, vary or discharge the order. 5: A receiving order shall expire on the payment by the liable person of all arrears due under this Act, together with the payment by the liable person in advance of all money to become payable under this Act during the period of 6 months from the date of the cancellation of the receiving order. 1980 No 94 s 121 Section 187(1) amended 1 March 2017 section 261 District Court Act 2016 Section 187(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 187(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 187(3) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 188: Powers and duties of receiver 1: A receiver appointed under section 187 2: The receiver may also, in the receiver's own name, grant leases of any land in respect of which the receiver has been appointed on such conditions as the receiver thinks fit, and for any term not exceeding 3 years or from year to year, or for a weekly, monthly, or other similar tenancy. 3: A lease granted pursuant to subsection (2) shall remain valid notwithstanding any subsequent discharge of the charge or of the receiving order. 4: Subject to any directions that may be given by the Family Court or the District Court 5: Notwithstanding subsection (4), the receiver shall not expend in any one year (being a year commencing from the date of the receiver's appointment or any subsequent year), in repairing and keeping in good repair and condition all buildings and other improvements on the land, a sum exceeding $2,000, unless the expenditure is first authorised by the court. 6: The receiver shall make all payments pursuant to subsection (4) from the rents, profits, and income of the land received or to be received by the receiver, except in so far as any such payments are made pursuant to subsection (7). 7: The court may, on application by the receiver, authorise the receiver— a: to make the whole or any part of any such payments pursuant to subsection (4) from any capital money that may be held by the receiver pursuant to the receiving order; or b: to borrow money, in the name and on behalf of the liable person, on the security of any such land, to enable the whole or any part of any such payments to be made. 8: The receiver may grant a mortgage or charge over the land as security for the repayment of any money borrowed under subsection (7) and interest on that money, being a mortgage or charge with or without a power of sale, and subject to such covenants, provisions, and agreements as may be agreed upon between the receiver and the lender. 9: The mortgage or charge shall have the same operation and effect in all respects as if it were executed or given by the liable person personally, and shall remain valid and effectual notwithstanding any subsequent discharge of the charge or of the receiving order. 10: Where the receiver is Public Trust section 56 11: Subject to the foregoing provisions of this section, the receiver shall hold in trust all money received by the receiver in the exercise of his or her powers, after payment out of the money of all expenses incurred by the receiver, and of any remuneration allowed by the court for the services of the receiver in that behalf,— a: to pay and satisfy all money from time to time accruing due under this Act; and b: to hold the residue of the money so received until the charge or the receiving order is discharged, or the court sooner directs, and then to pay it to the person who would be entitled to the money if no such charge or receiving order was in force. 12: Despite subsection (11), if the receiver is Public Trust, the remuneration of the receiver is to be determined in accordance with Public Trust's scale of charges. 13: Subject to this Act, the appointment of a receiver by the Family Court or the District Court 1980 No 94 s 122 Section 188(4) amended 1 March 2017 section 261 District Court Act 2016 Section 188(10) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 188(12) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 188(13) amended 1 March 2017 section 261 District Court Act 2016 Provisions as to enforcement of financial support liability 189: Order for enforcement of arrears An order made under this Part for the purpose of enforcing payment of any money payable under this Act may be made in respect of arrears due under this Act up to the date of the order. 1980 No 94 s 123 190: Power to issue summons to appear in court 1: Where a person who is liable to pay financial support under this Act refuses or fails to make payment of any financial support so payable, the Registrar of the District Court or Family Court at the office of the court undergoing a custodial sentence, as defined in section 4 2: A summons issued under subsection (1) shall require the person, unless the amount of arrears of financial support (including any penalty or other charge imposed thereon under this Act) due under this Act is sooner paid, to appear at the time and place appointed in the summons to be examined orally by the District Court or Family Court as to the person's means and the reason for the alleged default. 3: The liable person shall produce at the examination all books, papers, and the documents relating to the person's debts and to the person's default under this Act. 4: If a summons issued under this section cannot be served or if a person on whom such a summons has been served fails to appear before the District Court or Family Court at the time and place specified in the summons, or at any subsequent time and place to which the examination is adjourned, a District Court or Family Court Judge may issue a warrant to arrest the person and bring the person before the court as soon as possible. 1980 No 94 s 124 Section 190(1) amended 1 March 2017 section 261 District Court Act 2016 Section 190(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 191: Evidence of default For the purpose of sections 190 194 196 1980 No 94 s 125 192: Power to summons witnesses 1: Where the Registrar believes in relation to any examination to be held under section 190 a: has possession of any book, paper, or document relating to the affairs or property of the liable person; or b: is capable of giving information concerning the liable person's income from any sources or concerning the person's expenditure,— the Registrar may issue a summons in the prescribed form requiring that person to appear before the District Court or Family Court as a witness at the time and place appointed in the summons. 2: Any person so summoned may be required to produce any book, paper, or document relating to the affairs, finances, or property of the liable person. 3: No person who is required by a summons issued under subsection (1) to travel more than 20 kilometres to attend the examination shall be bound to attend unless expenses in accordance with the scale prescribed by regulations made under the Criminal Procedure Act 2011 4: On the failure of any person to appear before the court in answer to a summons under subsection (1), a District Court or Family Court Judge may issue a warrant to arrest that person and bring that person before the court as soon as possible. 1980 No 94 s 126 Section 192(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 193: Execution of warrants 1: A person to whom a warrant under section 190(4) section 192(4) 2: A warrant under section 190(4) section 192(4) 3: Every person apprehended under a warrant under section 190(4) section 192(4) 1980 No 94 s 127 194: Conduct of examination 1: An examination under section 190 2: Every liable person who is summoned or brought before a court under section 190 3: The liable person may be cross-examined by the Commissioner or the Commissioner's barrister or solicitor. 4: Any witness may be cross-examined by— a: the liable person or the liable person's barrister or solicitor: b: the Commissioner or the Commissioner's barrister or solicitor. 5: Any examination under section 190 6: On any examination under section 190 sections 168 206 1980 No 94 s 128 Section 194(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 195: Orders by court Upon completion of an examination under section 190 a: make any order under Part 7 b: make an order writing off or suspending in whole or in part any arrears under this Act; or c: make any order or issue any warrant under this Act relating to the enforcement of any liability under this Act as it thinks fit. 1980 No 94 s 129 196: Contempt procedures 1: Where, upon completion of an examination under section 190 do community work for a number of hours, not exceeding 400 hours, 2: Where the Commissioner is satisfied that a liable person who is liable to pay financial support under this Act has refused or failed to do so, the Commissioner may apply to the District Court or Family Court, with sufficient supporting evidence of default, to have the liable person dealt with pursuant to subsection (1). 3: Where, upon an application made to it under subsection (2), the District Court or Family Court is satisfied that the liable person has, within 12 months immediately preceding the application, been examined or received a summons to attend an examination under section 190 4: A copy of the application and evidence referred to in subsection (2) shall be served on the liable person. 5: If a copy of the application and evidence referred to in subsection (2) cannot be served on the liable person or if the liable person fails to appear at the hearing of the application, the District Court or Family Court may issue a warrant to arrest the person and bring the person before the court as soon as possible. 6: A person to whom a warrant under subsection (5) is issued may execute it forthwith but shall not be obliged to do so if that person believes that the liable person to be arrested cannot be brought before the District Court or Family Court within 72 hours after his or her arrest. 7: A warrant under subsection (5) shall cease to have effect if the amount due under this Act is paid. 8: An order made under subsection (1) shall have effect as if the liable person, following conviction community work 9: Where the District Court do community work 10: Doing community work under 11: Section 30 1980 No 94 s 130 Section 196(1) amended 30 June 2002 section 186 Sentencing Act 2002 Section 196(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 196(8) amended 30 June 2002 section 186 Sentencing Act 2002 Section 196(9) amended 1 March 2017 section 261 District Court Act 2016 Section 196(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 196(9) amended 30 June 2002 section 186 Sentencing Act 2002 Section 196(10) amended 30 June 2002 section 186 Sentencing Act 2002 Section 196(11) substituted 30 June 2002 section 186 Sentencing Act 2002 197: Application of Legal Services Act 2000 Every liable person who is summoned or brought before the District Court section 190 section 196 Legal Services Act 2000 1980 No 94 s 131 Section 197 heading amended 1 February 2001 section 126(1) Legal Services Act 2000 Section 197 amended 1 March 2017 section 261 District Court Act 2016 Section 197 amended 1 February 2001 section 126(1) Legal Services Act 2000 198: Liable person doing community work to be discharged on payment 1: If a liable person is doing community work under an order made under section 196(1) 2: If the liable person pays, or causes to be paid, the amount due, a probation officer, on being notified by the Commissioner of the payment of that sum, must notify the person that he or she is no longer required to report to a community work centre, unless there is some other reason for the person being required to report. Section 198 substituted 30 June 2002 section 186 Sentencing Act 2002 199: Arrest of liable person 1: Where a District Court Judge or, if a District Court Judge is not available and the case appears to be one of urgency, any Registrar (not being a constable), is satisfied on application in writing made by the Commissioner that there is reasonable cause to believe that any liable person is about to leave New Zealand with intent to avoid payment of any liability under this Act, the District Court Judge or Registrar may issue a warrant for the arrest of the person. 2: The liable person shall thereupon be brought as soon as possible before the District Court a: an order that the liable person give such security (including the provision of sureties) for the payment of that liability as the court specifies: b: an order that the liable person do not leave New Zealand without the written permission of the court: c: an order that the liable person surrender to the court for such period as the court specifies any tickets or travel documents in the person's possession. 3: On making an order under subsection (2)(b) or (c), the court may direct the Registrar to give notice of the order to such departments of State, offices, or persons as the court or the Registrar thinks proper. 4: Every person commits an offence and is liable on 5: A person against whom an order under subsection (2) is in force may apply to the court for the discharge of the order, and the court may discharge the order accordingly. 1980 No 94 s 134 Section 199(2) amended 1 March 2017 section 261 District Court Act 2016 Section 199(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions 200: Dispositions may be restrained 1: Where it appears to a court that a disposition of any property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of a liable person or any other party to proceedings under this Act in order to defeat the claim or rights of the Commissioner or any other person under this Act or in respect of costs, the court may, on the application of the Commissioner and on such notice being given as the court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into court to be dealt with as the court directs. 2: A disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or solicitor acting in connection with the disposition, shall be void; and the court may consider any claim of any person interested and may make such order as it thinks just. 1980 No 94 s 183 201: Dispositions may be set aside 1: Where any court is satisfied that any disposition of any property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of a liable person or any other party to proceedings under this Act in order to defeat the claim or rights of the Commissioner or any other person under this Act or in respect of costs, the court may, on the application of the Commissioner, make an order under subsection (2). 2: In any case to which subsection (1) applies, the court may, subject to the provisions of subsection (4),— a: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or that person's personal representative, shall transfer the property or any part thereof to such person as the court directs; or b: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or that person's personal representative, shall pay into court, or to the Commissioner, or to such other person as the court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or c: order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or that person's personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the court directs, or shall pay into court, or to the Commissioner, or to such other person as the court directs, a sum not exceeding the value of the interest. 3: For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit. 4: Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his or her position in reliance on having an indefeasible interest in the property or interest that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be. 5: The court may, on any application under this section, make such order as to costs as it thinks fit. 1980 No 94 s 184 202: Procedure in High Court where defendant absent from New Zealand In any action in the High Court for the recovery of financial support from a defendant absent from New Zealand, the High Court may grant leave to serve the writ out of New Zealand, or to proceed without service in the same manner as may be provided in other cases by the Rules of the High Court for the time being in force, save that no security shall be required from the Commissioner. 1976 No 65 s 402 203: No limitation of action to recover financial support No relief in respect of a claim for recovery of financial support is barred or otherwise affected by the following: a: the Limitation Act 2010 b: any other enactment that prescribes a limitation period or other limitation defence. 1976 No 65 s 406 Section 203 substituted 1 January 2011 section 58 Limitation Act 2010 204: Crown Proceedings Act 1950 not affected Nothing in this Act shall be so construed as to limit or affect the operation of the Crown Proceedings Act 1950 1976 No 65 s 407 205: Recovery of financial support paid by one person on behalf of another Every person who in pursuance of this Act pays any financial support for or on behalf of any liable person shall be entitled to recover the amount so paid from the liable person as a debt, and to retain or deduct that amount out of or from any money which is or becomes payable by the person to the liable person; and if the person has paid the financial support as mortgagee, then, until repaid, it shall be deemed to form part of the money secured by the mortgage, and shall bear interest at the same rate accordingly. 1976 No 65 s 408 206: Direct payment to payee Where a payee has received, from a person who in relation to that payee is a liable person, an amount intended by both the liable person and the payee to be paid in complete or partial satisfaction of a liability of the liable person to pay financial support under this Act, the Commissioner shall disregard that payment for the purposes of this Act and the amount so paid shall not be credited by the Commissioner against the liability of the liable person to pay financial support under this Act. 207: Amounts paid where no liability to pay exists, etc 1: Where— a: an amount of financial support is paid by a person to the Commissioner; and b: the person is not liable, or subsequently becomes not liable, to pay the amount to the Commissioner; and c: the Commissioner has paid the amount to a payee,— the amount may be recovered from the payee by the person in the District Court 2: In a proceeding in a court under this section, the court may make such orders as it considers just and equitable for the purpose of adjusting or giving effect to the rights of the parties and, where appropriate, the child concerned. 3: This section is subject to section 89J Section 207(1) amended 1 March 2017 section 261 District Court Act 2016 Section 207(3) added 26 September 2006 section 37 Child Support Amendment Act 2006 12: Offences and penalties 208: Offences Every person commits an offence against this Act who— a: fails to notify the Commissioner, as required by section 89ZC b: fails to notify the Commissioner, as required by section 82 c: makes a deduction that contravenes section 165 d: e: fails to notify the Commissioner, as required by section 239(1) f: fails to comply with any requirement of the Commissioner pursuant to section 239(2) g: provides any false document or any false statement or any false declaration or gives any false information, knowing it to be false, or being reckless as to whether it was false, or intentionally misleads or attempts to mislead the Commissioner or any other officer of the Inland Revenue Department in relation to any matter under this Act; or h: knowingly falsifies any records required to be kept under this Act; or i: obstructs any officer of the Inland Revenue Department acting in the discharge of that officer's duties or in the exercise of that officer's powers under this Act; or j: aids, abets, incites, or conspires with any person to commit any offence against this Act or against any regulation made under this Act. 1976 No 65 s 416 Section 208(a) substituted 26 September 2006 section 38 Child Support Amendment Act 2006 Section 208(d) repealed 26 July 1996 Child Support Amendment Act 1996 208A: Offences by payers 1: No person being a payer within the meaning of section 153 section 208 2: Notwithstanding subsection (1), a person specified in that subsection, and an officer or employee of such a person, may be convicted of an offence under section 208(c) Section 208A inserted 26 July 1996 Child Support Amendment Act 1996 209: Officers and employees of corporate bodies Section 209 repealed 26 July 1996 Child Support Amendment Act 1996 210: Penalties for offences 1: 2: Every person who commits an offence against section 172 a: on the first occasion on which the person is convicted of any such offence or more than 1 such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $15,000: b: on every occasion, other than the occasion referred to in paragraph (a), on which the person is convicted of any such offence or more than 1 such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $25,000. 3: Every person who commits an offence against section 208 a: on the first occasion on which the person is convicted of any such offence or more than 1 such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $2,000: b: on the second occasion on which the person is convicted of any such offence or more than 1 such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $4,000: c: on every occasion, other than the occasions referred to in paragraphs (a) and (b), on which the person is convicted of any such offence or more than 1 such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $6,000. 4: Every person who commits an offence against section 208(j) on conviction 1976 No 65 s 416B 1986 No 3 s 42(1) Section 210(1) repealed 26 July 1996 Child Support Amendment Act 1996 Section 210(2) amended 26 July 1996 Child Support Amendment Act 1996 Section 210(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 211: Proceedings must be commenced by Commissioner All proceedings for offences against this Act must be commenced by filing a charging document in the name of the Commissioner. Section 211 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 212: Charging document may charge several offences 1: Any charging document may charge the defendant with any number of offences against this Act if those offences are founded on the same set of facts or form or are part of a series of offences of the same or similar character. 2: Where a charging document charges more than 1 such offence, particulars of each offence charged shall be set out separately in the charging document. 3: All such charges shall be heard together, unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect. Section 212 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 213: Charging document may be filed within 10 years Despite anything to the contrary in section 25 Section 213 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 13: Reciprocal agreements 214: Interpretation For the purposes of this Part, unless the context otherwise requires,— agreement a: providing for New Zealand child support or domestic maintenance b: providing for foreign child support or domestic maintenance c: providing for reciprocity in respect of other matters relating to child support or domestic maintenance d: exchanging information in respect of any matter relating to child support or domestic maintenance foreign child support or domestic maintenance New Zealand child support or domestic maintenance Section 214 agreement amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 agreement amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 agreement amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 agreement amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 foreign child support or domestic maintenance inserted 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 foreign child support or spousal maintenance repealed 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 New Zealand child support or domestic maintenance inserted 26 April 2005 section 3 Child Support Amendment Act 2005 Section 214 New Zealand child support or spousal maintenance repealed 26 April 2005 section 3 Child Support Amendment Act 2005 215: Adoption of reciprocal agreement with other countries 1: For the purpose of giving effect to arrangements specified in any agreement with the government of any country or territory outside New Zealand for reciprocity in respect of matters relating to child support or domestic maintenance a: declare that the provisions contained in the agreement or alteration set out in a schedule to the Order in Council shall, notwithstanding anything in this Act b: declare that the provisions of this Act and of the regulations and orders in force under this Act shall have effect subject to such modifications as may be required for the purpose of giving effect to the agreement or alteration: c: amend or revoke any previous Order in Council which applied in respect of any such agreement which is no longer in force or which is intended to be no longer in force on the commencement of the Order in Council. 2: The Governor-General may, by the same or a subsequent Order in Council, specify the date on which any Order in Council made under subsection (1) is to come into force or cease to be in force, which in either case may be a date before or on or after the date on which the Order in Council is so made. 3: Where any agreement has effect under this section, the obligation as to secrecy imposed by any enactment, and in particular by section 18(1) 4: An order under this section— a: is secondary legislation ( see Part 3 b: commences in accordance with subsection (2), even if it is not yet published. 1976 No 65 s 294 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 215(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 215(1)(a) amended 26 September 2006 section 39(1) Child Support Amendment Act 2006 Section 215(3) amended 18 March 2019 section 326 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 215(3) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 215(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14: General provisions Refunds of financial support 216: Refund of excess financial support 1: In this section, excess financial support 2: The person may request a refund of the excess financial support from the Commissioner. 3: On receiving a request from the person, the Commissioner must refund— a: all of the excess financial support if the person neither has, nor is known to have at some future time, liability to make further payments of financial support under this Act; or b: in any other case, so much of the excess financial support as has not been paid to the payee. 4: The Commissioner may refund so much of the excess financial support as has not been paid to the payee without receiving a request from the person if the person neither has, nor is known to have at some future time, any liability to make further payments of financial support under this Act. 5: If the person is entitled to a refund not exceeding $5 but does not request it within 12 months of first becoming entitled to it, the Commissioner must transfer the refund to the person's tax credit account for the purposes of the Income Tax Act 2007 6: This section and sections 216A to 216D section 89J Section 216 substituted 24 July 1999 section 33 Child Support Amendment Act 1999 Section 216(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 216(6) added 26 September 2006 section 40 Child Support Amendment Act 2006 216A: Method of application for refund of excess financial support paid 1: An application under section 216 section 184A 2: Subsection (1) does not apply if all of the refund referred to in section 216(3) sections 216B to 216D Section 216A inserted 7 October 1998 section 5(1) Child Support Amendment Act 1998 Section 216A(2) added 26 September 2006 section 41 Child Support Amendment Act 2006 216B: Transfer of refund 1: A person may request that the Commissioner transfer all or part of the refund that is payable to the person under section 216(3) a: a tax liability or other amount due of the person for the purposes of the Tax Administration Act 1994 b: a tax liability or other amount due of another person for the purposes of the Tax Administration Act 1994 c: another person's financial support liability. 2: The person may choose the date on which all or part of the refund is transferred, being a date that occurs on or after the date of the request. 3: A request cannot be withdrawn or amended after the transfer has been made. Section 216B inserted 26 September 2006 section 42(1) Child Support Amendment Act 2006 216C: Form of request for transfer of refund A request made under section 216B a: be in writing; and b: specify— i: the amount of the refund that is to be transferred; and ii: the tax type or financial support in relation to which the refund is to be transferred; and iii: the name of the person who is to be credited with the amount (if that person is not the person who is making the request); and iv: any other information that the Commissioner may require. Section 216C inserted 26 September 2006 section 42(1) Child Support Amendment Act 2006 216D: Commissioner must transfer refund 1: On receiving a request under section 216B a: all of the amount of the refund in accordance with the request if the person neither has, nor is known to have at some future time, liability to make further payments of financial support under this Act; or b: in any other case, so much of the amount of the refund in accordance with the request as has not been paid to the payee. 2: For the purposes of the Inland Revenue Acts (as defined in section 3(1) a: a refund transferred on the request of a person is treated as a refund made to the person on the date of transfer; and b: a refund transferred to the account of a person is treated,— i: in the case of a transfer under section 216B(1)(a) or (b) Part 9 ii: in the case of a transfer under section 216B(1)(c) Section 216D inserted 26 September 2006 section 42(1) Child Support Amendment Act 2006 217: Appropriation of refunds Any refund of financial support under this Act may be made without further appropriation than this section. 1976 No 65 s 415 Miscellaneous provisions 218: Meaning of ordinarily resident in New Zealand 1: Notwithstanding any other provision of this section, a person is ordinarily resident in New Zealand 2: Where a person is personally present in New Zealand for a period or periods exceeding in the aggregate 183 days in any period of 12 months, that person shall be deemed to be ordinarily resident in New Zealand from the first day within that period of 12 months on which that person was personally present in New Zealand. 3: Where a person is resident in New Zealand and is personally absent from New Zealand for a period or periods exceeding in the aggregate 325 days in any period of 12 months, that person shall be deemed not to be ordinarily resident in New Zealand from the first day within that period of 12 months on which that person was personally absent from New Zealand and, subject to this section, thereafter. 4: For the purposes of this section, where a person is personally present in New Zealand for part of a day, that person shall be deemed to be personally present in New Zealand for the whole of that day and not to be personally absent from New Zealand for any part of that day. 5: Notwithstanding any other provision of this section, a person who is personally absent from New Zealand in the service in any capacity of the Government of New Zealand shall be deemed to be ordinarily resident in New Zealand during that absence. 6: The Commissioner may treat a child as ordinarily resident in New Zealand if the Commissioner is satisfied that the child is personally present in New Zealand and is likely to be ordinarily resident in New Zealand within the meaning of this section. 7: The Commissioner may treat a child as not ordinarily resident in New Zealand if the Commissioner is satisfied that the child is not personally present in New Zealand and is not likely to be ordinarily resident in New Zealand within the meaning of this section. 8: The Commissioner may treat a person other than a child as ordinarily resident in New Zealand if the Commissioner is satisfied that the person is personally present in New Zealand and intends to be ordinarily resident in New Zealand within the meaning of this section. 9: The Commissioner may treat a person other than a child as not ordinarily resident in New Zealand if the Commissioner is satisfied that the person is not personally present in New Zealand and does not intend to be ordinarily resident in New Zealand within the meaning of this section. 10: Subsections (6) to (9) apply despite subsections (2) to (4). 1976 No 65 s 241 1988 No 225 s 23(1) Section 218(6) inserted 1 April 2021 section 56 Child Support Amendment Act 2021 Section 218(7) inserted 1 April 2021 section 56 Child Support Amendment Act 2021 Section 218(8) inserted 1 April 2021 section 56 Child Support Amendment Act 2021 Section 218(9) inserted 1 April 2021 section 56 Child Support Amendment Act 2021 Section 218(10) inserted 1 April 2021 section 56 Child Support Amendment Act 2021 219: Power of Commissioner in respect of small amounts Notwithstanding anything in this Act, the Commissioner may, in the Commissioner's discretion, refrain from collecting or refunding financial support in any case where, as the case may be,— a: the balance of any financial support payable does not exceed $1; or b: the financial support paid or deducted exceeds the amount of the financial support for which the person is liable in relation to any month by an amount not exceeding $1. 1976 No 65 s 411 219A: Power of Commissioner where small debit results from exchange rate fluctuations Despite anything else in this Act, where the balance of any financial support payable at the end of a child support year does not exceed $20, the Commissioner may, in the Commissioner's discretion, refrain from collecting the financial support if— a: the financial support is payable by a liable person who, during the child support year, resided in a country outside New Zealand; and b: financial support was paid by the liable person during the child support year in a foreign currency; and c: the balance payable is due to fluctuations in the exchange rate. Section 219A inserted 24 July 1999 section 34 Child Support Amendment Act 1999 220: Evidentiary certificates by Commissioner A certificate by the Commissioner, or by an officer of the Inland Revenue Department authorised in that behalf by the Commissioner, stating— a: that a specified person was, on a specified day, ordinarily resident in New Zealand; or b: that a specified person ceased, on a specified day, to be ordinarily resident in New Zealand; or c: that an application for formula assessment of child support was or was not made on a specified day by a specified person seeking payment of child support for a specified child from a specified person; or d: that an application for acceptance of a voluntary agreement was made on a specified day by a specified person; or e: that an application for acceptance of a voluntary agreement was not made on or before a specified day by a specified person— is prima facie evidence of the matters stated in the certificate. 221: Commissioner may appear in legal proceedings by employee of the Crown In any action, prosecution, or other proceeding under, or arising out of, this Act, the Commissioner may appear personally or, if the Commissioner thinks fit, appear by some employee of the Crown, and the statement of any person so appearing that the person is such an officer and is appearing for the Commissioner shall be sufficient evidence of the facts so stated and of the authority of the person in that regard. 1976 No 65 s 403 222: Proceedings not affected by vacancy or change in office of Commissioner No action, prosecution, or other proceeding under, or arising out of, this Act shall abate by reason of any change in the office of Commissioner, or shall be deemed defectively constituted by reason of any change in the holder of that office, and every such action, prosecution or proceeding shall be continued in the ordinary course as if the Commissioner and his or her successor in office were a corporation sole. 1976 No 65 s 405 223: Service on protected person 1: Where a person against whom a formula assessment or order is sought under this Act is a person whose estate is being administered by a manager under the Protection of Personal and Property Rights Act 1988 2: All money payable under any formula assessment or order so made shall be paid by the manager out of the estate of the respondent according to the tenor of the assessment or order, subject to all other debts and liabilities of the respondent so far as the manager has notice of them. 1980 No 94 s 156 224: Proceedings where respondent is absent from New Zealand or cannot be found 1: Where an application or appeal is made to a court under this Act and it is proved to the satisfaction of the court that the respondent is absent from New Zealand or cannot be found, the court may— a: hear and determine the application or appeal in the same manner as if the respondent had been served with the appropriate notice of the proceeding; or b: order any steps to be taken to bring the proceeding to the notice of the respondent, and from time to time amend any such order. 2: An order referred to in subsection (1)(b) may direct that notice of the proceeding be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever. 3: Where the court is satisfied that an order referred to in subsection (1)(b) has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application. 1980 No 94 s 157 225: Proceedings by or against minors 1: A minor may bring and continue or defend any proceeding under this Act. 2: Any order made under this Act against a minor shall be binding on and may be enforced against the minor, as if the minor were of full age. 1980 No 94 s 158 226: Appointment of lawyer to represent child in proceedings 1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is— a: the subject of the proceedings; or b: a party to the proceedings. 2: An appointment under subsection (1) Section 226 replaced 31 March 2014 section 5 Child Support Amendment Act (No 3) 2013 226A: Appointment of lawyer to assist court In any proceedings under this Act (other than criminal proceedings), a court may— a: appoint a lawyer to assist the court; or b: direct the Registrar of the court to appoint a lawyer to assist the court. Section 226A inserted 31 March 2014 section 5 Child Support Amendment Act (No 3) 2013 226B: Fees and expenses of lawyer appointed under section 226 or 226A 1: The fees and expenses of a lawyer appointed under section 226 226A a: be determined in accordance with regulations made under section 16D Family Court a Registrar b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 226 226A 3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable. 4: Where in any proceedings a lawyer has been appointed under section 226 226A section 226C 5: However, no order under section 226C a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or b: in respect of an appointment under section 226A Section 226B inserted 31 March 2014 section 5 Child Support Amendment Act (No 3) 2013 Section 226B(1)(a) amended 8 September 2018 section 22(1) Statutes Amendment Act 2018 Section 226B(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 226B(2) replaced 8 September 2018 section 22(2) Statutes Amendment Act 2018 226C: Order requiring reimbursement of costs payments 1: An order referred to in section 226B(4) section 226 226A 2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party. 3: Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion. 4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion. 5: In this section,— dependent child, prescribed proportion section 147 section 135A serious hardship a: includes significant financial difficulties that arise because of— i: the party's inability to meet minimum living expenses according to normal community standards; or ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or iii: a serious illness suffered by the party or by a dependent child of the party; or iv: the cost of education for a dependent child of the party: b: does not include significant financial difficulties that arise because— i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards. Section 226C inserted 31 March 2014 section 5 Child Support Amendment Act (No 3) 2013 226D: Enforcement of orders made under section 226C 1: The amount that a party is ordered to reimburse under section 226C the District Court 2: Despite section 219 230 section 156 a: is to be added to the amount sought to be enforced; and b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement. 3: For the purposes of section 14(1)(b) Section 226D inserted 31 March 2014 section 5 Child Support Amendment Act (No 3) 2013 Section 226D(1) amended 1 March 2017 section 261 District Court Act 2016 Section 226D(2) amended 1 March 2017 section 261 District Court Act 2016 Section 226D(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 227: Vexatious proceedings 1: The Family Court or District Court 2: The Family Court or District Court 1980 No 94 s 163 Section 227(1) amended 1 March 2017 section 261 District Court Act 2016 Section 227(2) amended 1 March 2017 section 261 District Court Act 2016 228: Evidence Section 228 repealed 31 March 2014 section 17A(c) Family Courts Act 1980 229: Power of Family Court or District Court to call witnesses 1: In any proceeding before it under this Act (not being criminal proceedings) the Family Court or District Court 2: The power conferred by subsection (1) shall include power to call as a witness any party to the proceeding or the husband or wife of any party to the proceeding. 3: A witness called by the court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceeding. 4: A witness called by the court under this section may be examined and re-examined by the court, or by any barrister or solicitor assisting the court, and may be cross-examined by or on behalf of any party to the proceeding or by any barrister or solicitor appointed to represent a child who is involved in the proceeding. 5: Sections 159 161 to 165 6: The expenses of any witness called by the court under this section, in accordance with the prescribed scale of witnesses' expenses, shall be paid in the first instance out of public money appropriated by Parliament. 1980 No 94 s 165 Section 229(1) amended 1 March 2017 section 261 District Court Act 2016 Section 229(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 230: Proof of certain matters 1: In any proceeding under this Act, a document purporting to be the original or a certified copy of a certificate, entry, or record of a birth, death, civil union, 2: In any proceeding under this Act, a document purporting to be a decree or order a: may be received without further proof as evidence of the existence, nature, and purport of that decree or order; and b: every such decree or order shall be presumed to be valid unless the contrary is proved. 1980 No 94 s 166 Section 230(1) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 230(2) amended 26 September 2006 section 43 Child Support Amendment Act 2006 231: Standard of proof Every question of fact arising in any proceeding under this Act (not being criminal proceedings) shall be decided on a balance of probabilities. 1980 No 94 s 167 232: Costs 1: In any proceeding under this Act the court may make such order as to costs as it thinks fit but all costs awarded against the Commissioner shall be payable out of public money appropriated by Parliament and not otherwise. 2: This section is subject to section 226B(4) 1964 No 136 s 27W 1980 No 157 s 7 Section 232(2) inserted 31 March 2014 section 6 Child Support Amendment Act (No 3) 2013 233: Court fees 1: Unless otherwise provided by regulations made under section 235 a Registrar of the Family Court or District Court 2: Where it appears to a Registrar of the Family Court or District Court 1980 No 94 s 186 Section 233(1) amended 1 March 2017 section 261 District Court Act 2016 Section 233(2) amended 1 March 2017 section 261 District Court Act 2016 234: Rules of procedure 1: The Governor-General may from time to time, by Order in Council, make rules and regulations regulating the practice and procedure of the District Court 1A: Rules may be made under section 16A Family Court Act 1980 regulating the practice and procedure of the Family Court 2: Without limiting the generality of the powers conferred by subsection (1) of this section or section 16A Family Court a: prescribe such forms as are necessary for the purposes of this Act: b: prescribe the costs and charges to be paid by one party in the proceeding to the other party, in addition to money paid out of pocket: c: prescribe fees payable to persons giving evidence in the proceeding and the persons liable to pay those fees, and authorise the refund or writing-off of those fees: d: require any party to the proceeding or any person required to appear in answer to a summons under section 190(1) e: provide for the taking of evidence in the proceeding, whether in New Zealand or elsewhere, including— i: the prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and ii: the taking of evidence before any District Court Judge or the Registrar of any court (whether or not the proceeding was commenced in that court) and the making of such incidental provision as the Governor-General thinks fit, including provision for requiring the attendance of witnesses, the answering of questions, and the production of documents: f: provide for any other matters in respect of which rules are contemplated under this Act. 3: Rules and regulations under subsection (1) are secondary legislation ( see Part 3 1980 No 94 s 188 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. Section 234(1) amended 1 March 2017 section 261 District Court Act 2016 Section 234(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 234(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 234(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 234(2) amended 1 March 2017 section 261 District Court Act 2016 Section 234(2) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 234(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 235: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes: a: b: c: ca: d: e: prescribing the duties and functions of officers and other persons appointed or employed under this Act: f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amount of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500: g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 2: 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 235(1)(a) repealed 26 September 2006 section 44 Child Support Amendment Act 2006 Section 235(1)(b) repealed 26 September 2006 section 44 Child Support Amendment Act 2006 Section 235(1)(c) repealed 24 July 1999 section 35(1)(a) Child Support Amendment Act 1999 Section 235(1)(ca) repealed 24 July 1999 section 17(2) Child Support Amendment Act 1999 Section 235(1)(d) repealed 31 March 2014 section 7 Child Support Amendment Act (No 3) 2013 Section 235(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 235(2) repealed 26 September 2006 section 44 Child Support Amendment Act 2006 Section 235(3) repealed 24 July 1999 section 35(1)(b) Child Support Amendment Act 1999 236: Changes in published statistics to be disregarded 1: This section applies to publication by Statistics New Zealand a: the ordinary time average weekly earnings (for males and females combined) or any measure certified by the Government Statistician as being equivalent to that index b: the index number of the Consumers 2: A correction to those statistics that is published by that department must be disregarded for the purposes of this Act if— a: the correction is published at any time after 1 January immediately preceding the start of a child support year; and b: the statistics corrected are— i: as at mid-February immediately preceding the start of the most recent tax year ii: for the year ending on 31 December immediately preceding the start of the child support year in relation to the index number of the Consumers Section 236 substituted 24 July 1999 section 36(1) Child Support Amendment Act 1999 Section 236(1) amended 15 December 1994 section 2(7) Statistics Amendment Act 1994 Section 236(1)(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 236(1)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 236(2)(b)(i) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 236(2)(b)(ii) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 237: Rounding of amounts 1: The following amounts must be rounded to whole dollars: a: late payment penalties: b: the amounts identified in the child expenditure table approved under section 36D c: the living allowances as identified in section 35A(2) d: the minimum annual rate of child support referred to in section 72(1)(a) 2: Except as provided elsewhere in this Act, the Commissioner may round any other amount referred to in, or arrived at in accordance with, this Act to a whole dollar or to any amount less than a whole dollar. 3: If an amount that is rounded to a whole dollar consists of a number of whole dollars and 50 cents, the amount must be rounded down to the nearest whole dollar. Section 237 replaced 1 April 2015 section 30 Child Support Amendment Act 2013 238: Applications by agents 1: A person who may apply for a formula assessment under this Act may do so by an agent authorised in writing by that person. 2: If a person is incapable of authorising an agent under subsection (1) to make an application on that person's behalf— a: the manager of that person's estate under the Protection of Personal and Property Rights Act 1988 b: where there is no such manager, the next friend of the person may make the application. 239: Notification requirements 1: Any person who is a liable person or a payee under this Act shall, as soon as practicable, advise the Commissioner of any change to that person's address. 2: The Commissioner may, by written notice given to a person who is a carer of a qualifying child, a liable person, a: an event or change of circumstances specified in the notice happens; or b: the person becomes aware that an event or change of circumstances specified in the notice is likely to happen. 3: An event or change of circumstances must not be specified in a notice under subsection (2) unless the happening of the event or change of circumstances might affect the payment of child support or the annual rate at which it is payable. Section 239(2) amended 1 April 2015 section 34 Child Support Amendment Act 2013 240: Secrecy 1: For the purposes of this section,— information to which this section applies Inland Revenue Acts section 3 officer of the Department section 3 person to whom this section applies 2: For the purposes of the Tax Administration Act 1994 a: the communication of such information as is necessary for the purpose of any prosecution under any Act of the Parliament of New Zealand or under the law of any country or territory outside New Zealand, or such information as the Commissioner considers desirable for the purpose of any investigation into any suspected i: any threat made by a liable parent against the welfare of any carer ii: any threat made by a liable spouse or partner liable spouse or partner iii: any threat made by a liable person against the welfare of an officer of the Inland Revenue Department: b: the communication, to the person who, in relation to any liable person and to any financial support payable by the liable person under this Act, is the payee, of such information as the Commissioner considers desirable for the purpose of informing that person of the amount of any such financial support that is in arrear and unpaid by the liable person and the enforcement actions that have been taken or are proposed for the purpose of securing payment of that amount: ba: the communication from time to time, to the person who, in relation to any liable person and to any financial support payable by the liable person under this Act, is the payee, of such information as the Commissioner considers desirable for the purpose of informing that person, in relation to any period, of the amount of any such financial support that has been paid by the liable person for or during that period, and the date or dates on which the payment or payments have been made: c: d: the communication, to the General Manager of Veterans’ Affairs New Zealand or any member of the Defence Force authorised in that behalf, of information relating to the amount of financial support paid by the Commissioner pursuant to Part 9 Social Security Act 2018 Part 6 db: the communication, to the Chief Executive of the Ministry of Justice or any officer of the Ministry of Justice authorised in that behalf, of information for the purpose of carrying into effect subpart 4 dc: the communication, to the Commissioner of Police or any Police employee subpart 4 e: the communication, to the Chief Executive of the Ministry of Justice Ministry of Justice i: the enforcement outside New Zealand of— A: child support liabilities; or B: maintenance liabilities,— that arose under this Act or under the Family Proceedings Act 1980 ii: the enforcement within New Zealand of child support or maintenance liabilities that arose under the law of a foreign country. 3: Any person to whom this section applies— a: shall, if and when required by the Commissioner to do so, certify in the manner prescribed in subsection (5) that he or she has been shown, has read, and has understood the provisions of this section; and b: thereafter shall be bound to maintain and aid in maintaining the secrecy of all matters relating to the Inland Revenue Acts, including all Acts (whether repealed or not) at any time administered by or in the Inland Revenue Department or relating to such other functions as may from time to time be, or have been, lawfully conferred on the Commissioner which come to his or her knowledge; and c: shall not at any time communicate such matters to any person except for any purpose or purposes for which the Commissioner authorises such disclosure and to the extent that the Commissioner authorises such disclosure. 4: Without limiting the generality of subsection (3), it is hereby declared that no person to whom this section applies shall be required to produce in any court or tribunal any book or document, or to divulge or communicate to any court or tribunal any matter or thing which that person may acquire or have access to or be given by way of information to which this section applies. 5: The certificate referred to in subsection (3) shall be given in the form prescribed by the Commissioner, and shall include the full name, address, and signature of the person giving the certificate and the date on which the certificate is given. 6: The certificate referred to in subsection (3) and subsection (5) shall,— a: where it is given by any persons referred to in subsection (2)(d), be kept by Veterans’ Affairs New Zealand as a permanent record; or b: where it is given by any persons referred to in subsection (2)(db) or (e) Ministry of Justice bb: if it is given by any persons referred to in subsection (2)(dc), be kept by the New Zealand Police as a permanent record; or c: where it is given by any other person referred to in subsection (2), be kept by the Inland Revenue Department as a permanent record. 7: Every person to whom this section applies who knowingly acts in contravention of any provision of this section commits an offence against this section and is liable on 8: Notwithstanding anything in any other Act, nothing shall prevent the Commissioner or any officer of the Inland Revenue Department from— a: using information obtained under this Act for the purposes of carrying into effect the provisions of any of the Inland Revenue Acts; or b: using information obtained under any of the Inland Revenue Acts for the purposes of carrying into effect the provisions of this Act. 9: sections 18 to 18J income of 10: 11: Section 240(1) Inland Revenue Acts amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 240(1) officer of the Department amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 240(2) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 240(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 240(2)(a)(i) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 240(2)(a)(ii) amended 25 February 2016 section 53 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 240(2)(a)(ii) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 240(2)(a)(ii) amended 26 April 2005 section 3 Child Support Amendment Act 2005 Section 240(2)(ba) inserted 1 February 1999 section 80 Social Security Amendment Act 1998 Section 240(2)(c) repealed 31 August 2017 section 383(1) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 240(2)(d) replaced 31 August 2017 section 383(2) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 240(2)(d) amended 26 November 2018 section 459 Social Security Act 2018 Section 240(2)(db) inserted 26 September 2006 section 45(1) Child Support Amendment Act 2006 Section 240(2)(dc) inserted 26 September 2006 section 45(1) Child Support Amendment Act 2006 Section 240(2)(dc) amended 1 October 2008 section 130(1) Policing Act 2008 Section 240(2)(e) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 240(2)(e) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 240(2)(e) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 240(6)(a) replaced 31 August 2017 section 383(3) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 240(6)(b) amended 26 September 2006 section 45(2) Child Support Amendment Act 2006 Section 240(6)(b) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 240(6)(bb) inserted 26 September 2006 section 45(3) Child Support Amendment Act 2006 Section 240(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 240(9) amended 18 March 2019 section 326 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 Section 240(9) amended 1 April 2015 section 34 Child Support Amendment Act 2013 Section 240(9) amended 1 April 1995 section YB 1 Income Tax Act 1994 Section 240(10) repealed 31 August 2017 section 383(4) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 240(11) repealed 31 August 2017 section 383(5) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 15: Amendments to other Acts Amendment to Accident Compensation Act 1982 241: Compensation not assignable Amendment(s) incorporated in the Act(s). Amendment to Administration Act 1969 242: Protection of administrator against certain claims Amendment(s) incorporated in the Act(s) Amendment to Adoption Act 1955 243: Effect of adoption order Amendment(s) incorporated in the Act(s) Amendment to Children, Young Persons, and Their Families Act 1989 244: Recovery of cost of maintenance of children and young persons in care Amendment(s) incorporated in the Act(s) Amendment to Companies Act 1955 245: Preferential payments Amendment(s) incorporated in the Act(s) Amendment to District Courts Act 1947 246: Effect of attachment orders Amendment(s) incorporated in the Act(s) Amendment to Family Courts Act 1980 247: Jurisdiction of Family Courts Amendment(s) incorporated in the Act(s) Amendments to Income Tax Act 1976 248: Incomes wholly exempt from tax Amendment(s) incorporated in the Act(s). 249: Interpretation of term pay-period taxpayer Amendment(s) incorporated in the Act(s). Amendment to Inland Revenue Department Act 1974 250: Interpretation Amendment(s) incorporated in the Act(s). Amendments to Insolvency Act 1967 251: Priorities Amendment(s) incorporated in the Act(s) 252: Debts from which discharge releases bankrupt Amendment(s) incorporated in the Act(s) 16: Transitional and savings provisions 253: No liability to pay financial support under this Act until 1 July 1992 Notwithstanding section 1(3) a: no person shall be liable to pay financial support under this Act; and b: no person shall be entitled to receive financial support under this Act; and c: no person shall make a deduction from any money payable to a liable person,— in respect of any period before 1 July 1992, and every provision of this Act shall be read accordingly. Enforcement of maintenance liabilities after Royal assent 254: Changes to ways in which maintenance liabilities may be enforced Amendment(s) incorporated in the Act(s) 255: Evidence of default Amendment(s) incorporated in the Act(s) Enforcement of liable parent contributions payable before 1 July 1992 256: Savings in respect of outstanding liable parent contributions 1: Notwithstanding the Social Security Amendment Act (No 5) 1991,— a: sections 10A 12J section 27X) and Schedule 20 continue to apply b: section 27X of the Social Security Act 1964 in respect of any liable parent contributions assessed under that Act which are due but unpaid at the close of 30 June 1992 as if those sections and that schedule had not been repealed or amended by the Social Security Amendment Act (No 5) 1991. 2: Notwithstanding subsection (1), the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 chief executive Section 256(1)(a) amended 17 September 1997 section 2 Child Support Amendment Act (No 2) 1997 Section 256(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 257: Saving in respect of assignment of accident compensation Notwithstanding section 241 section 89 of the Accident Compensation Act 1982 section 27Y of the Social Security Act 1964 section 256 258: Saving in respect of jurisdiction of Family Courts Notwithstanding section 247 sections 27I to 27ZI of the Social Security Act 1964 section 256 section 11 Enforcement of maintenance liabilities payable before 1 July 1992 259: Savings in respect of outstanding maintenance liabilities 1: Notwithstanding the Family Proceedings Amendment Act 1991,— a: sections 2 6 7 Parts 6 7 section 101 continue to apply b: section 101 section 101A section 254 and section 101B section 2 in respect of the enforcement of the liability of any person to pay maintenance under that Act which is due but unpaid at the close of 30 June 1992 under a maintenance order as if those sections and those Parts had not been amended or repealed by the Family Proceedings Amendment Act 1991. 2: In this section, maintenance order section 2 Section 259(1)(a) amended 17 September 1997 section 3(a) Child Support Amendment Act (No 2) 1997 Section 259(1)(b) amended 17 September 1997 section 3(b) Child Support Amendment Act (No 2) 1997 260: Savings in respect of assignment of accident compensation Notwithstanding section 241 sections 105 110 118 121 section 259 Conversion of liable parent contributions 261: Automatic applications for formula assessment in respect of existing liable parent contributors 1: Where— a: any person is, on 15 March 1992, a liable parent Social Security Act 1964 b: the Commissioner obtains sufficient information from the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 section 14 the custodian of the qualifying child in respect of whom those contributions are so required to be made shall be deemed to have made a properly made application for formula assessment of child support in relation to that child and that liable parent on 16 March 1992, and the provisions of this Act shall, with any necessary modifications, apply accordingly. 2: The Commissioner shall, as soon as practicable, give a notice in accordance with section 23 3: Any person to whom any such notice is given and who disputes that he or she is a parent of the child within the meaning of section 7 section 92 4: Where any such notification is received by the Commissioner,— a: subsection (1) shall not apply; and b: if the custodian is an eligible custodian of that child who is in receipt of a social security benefit, the custodian shall be required to make an application for formula assessment of child support in relation to that child and that liable parent in accordance with section 9 c: if the custodian is an eligible custodian of that child who is not in receipt of a social security benefit, the custodian may make an application for formula assessment of child support in relation to that child and that liable parent under section 8 Section 261(1)(a) amended 1 April 1993 section 3 Child Support Amendment Act 1993 Section 261(1)(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Child maintenance liabilities after 1 July 1992 under existing court orders and registered agreements 262: Expiry of certain suspended child maintenance orders and agreements 1: Every maintenance order— a: which is made before 1 July 1992 under Part 6 b: which is, as at the close of 30 June 1992, suspended and unenforceable by reason of the operation of section 27J of the Social Security Act 1964 shall cease to remain in force at the close of the 30 June 1992. 2: Every maintenance agreement,— a: which is registered under section 83 section 84 b: which is, as at the close of 30 June 1992, suspended and unenforceable by reason of the operation of section 27J of the Social Security Act 1964 shall cease to be registered under the Family Proceedings Act 1980 263: Continuation of certain other child maintenance orders and agreements 1: This section applies where any person is, at the commencement of 1 July 1992, required to pay money towards the support of any child under— a: a maintenance order of the court; or b: a maintenance agreement registered under section 83 section 84 c: any maintenance order made against any person by any court in a Commonwealth or designated country that has before 1 July 1992 been registered or confirmed in New Zealand under the Family Proceedings Act 1980 2: Each order or agreement to which this section applies— a: may be enforced in accordance with section 264 section 265 b: shall continue in full force and effect until whichever is the earliest of the following dates: i: the date on which child support under a formula assessment commences to be payable, in accordance with this Act, to the person entitled to receive payments under the order or agreement, by the person liable to make those payments; or ii: in a case where a voluntary agreement made in relation to the child between the parties to the order or agreement is accepted by the Commissioner, the date on which that voluntary agreement first applies in accordance with section 59 iii: the date on which a benefit is granted under the Social Security Act 2018 Part 6 or the New Zealand Superannuation and Retirement Income Act 2001 iv: the date that the order or agreement would have expired if this Act had not been passed,— and thereupon, at the close of that date, shall cease to remain in force or shall cease to be registered or confirmed under the Family Proceedings Act 1980 Section 263(2)(b)(iii) amended 26 November 2018 section 459 Social Security Act 2018 Section 263(2)(b)(iii) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 263(2)(b)(iii) amended 12 October 2001 section 77 New Zealand Superannuation Act 2001 264: Enforcement of Department of Social Welfare administered child maintenance orders and agreements 1: This section applies to every order and agreement to which section 263 a: the name and current address of the person entitled to receive payments under the order or agreement; and b: the names and dates of birth of each child in respect of whom the maintenance is payable; and c: the amount payable for each child, the frequency of the payments, and the date on which the order ceases to remain in force; and d: such other information as the Commissioner may require in order to be satisfied that the information required to be provided under section 14 2: Every order or agreement to which this section applies— a: shall be deemed, for the purposes of enforcement by the Commissioner, to be a qualifying voluntary agreement that has been accepted by the Commissioner under Part 3 b: the provisions of sections 58 to 65 i: notwithstanding section 59 ii: notwithstanding section 62 Family Proceedings Act 1980 section 263(2)(b) 3: The Commissioner shall, as soon as practicable, give a notice in accordance with section 60 4: Any person to whom any such notice is given and who disputes the accuracy of any information given by the Director-General of Social Welfare shall notify the Commissioner in writing of that fact not more than 28 days after the date on which the notice is given. 5: Where any such notification is received by the Commissioner,— a: subsection (2) shall not apply; and b: any party to the order or agreement who wishes the Commissioner to enforce it shall be required to make an application under section 265(2)(a) 265: Enforcement of other child maintenance orders and agreements 1: This section applies to every order and agreement to which section 263 a: the Commissioner does not receive from the Director-General of Social Welfare, before 1 July 1992, the following information: i: the name and current address of the person entitled to receive payments under the order; and ii: the names and dates of birth of each child in respect of whom the maintenance is payable; and iii: the amount payable for each child, the frequency of the payments, and the date on which the order ceases to remain in force; and iv: such other information as the Commissioner may require in order to be satisfied that the information required to be provided under section 14 b: section 264(5)(b) 2: Any order or agreement to which this section applies may be enforced in one of the following ways: a: either party to the order or agreement may apply to the Commissioner in writing for acceptance of that order or agreement for the purposes of enforcement; or b: to the extent that paragraph (a) does not apply, all money payable under the order or agreement shall, as soon as it is in arrear and unpaid, constitute a debt by the person against whom the order or agreement was made to the person to whom the money is payable pursuant to the order or agreement, and that money may, without prejudice to any mode of recovery, be enforceable by any person in the same manner as a judgment given in the District Court in civil proceedings. 3: Notwithstanding section 55 a: provides satisfactory evidence of— i: the name and last known address of the person required to make payments under the order; and ii: the amount payable towards the maintenance of the applicant, the frequency of payment, and the date on which the order ceases to remain in force; and b: is signed by either party to the order or agreement; and c: complies with section 55(1)(d) to (g) 4: Where any such application is properly made within the meaning of subsection (3),— a: the order or agreement shall be deemed for the purposes of enforcement by the Commissioner, to be a qualifying voluntary agreement that has been accepted by the Commissioner under Part 3 b: the provisions of sections 58 to 65 except that— i: notwithstanding section 59 A: in any case where the application and all the information required to be provided is received by the Commissioner on or before 30 June 1992, on 1 July 1992; or B: in any case where the application and all the information required to be provided is not received by the Commissioner on or before 30 June 1992, on the day on which the application and all the information required to be provided is received by the Commissioner; and ii: notwithstanding section 62 Family Proceedings Act 1980 section 263(2)(b) 266: Deferral of commencement of formula assessment in certain cases Where— a: any party to an order or agreement to which section 263 b: another party to that order or agreement makes an application to the Family Court under section 104 c: the Family Court either— i: declines the application; or ii: declines to make an order pursuant to the application; or iii: makes an order in determination of that application,— child support under a formula assessment shall, notwithstanding section 18 section 104 Continuation of existing maintenance orders after 1 July 1992 Heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 267: Enforcement of Department of Social Welfare administered 1: This section applies where— a: any person is, on 30 June 1992, required to pay money towards the support of any other person (other than a child of the first-mentioned person) under— i: a maintenance order of the court; or ii: a maintenance agreement registered under section 83 section 84 iii: an order made under section 78 section 81 iv: any maintenance order made against any person by any court in a Commonwealth or designated country that has been registered in New Zealand under the Family Proceedings Act 1980 b: except in the case of an order referred to in paragraph (a)(iv), the amount payable under the order or agreement is not less than $10 per week; and c: the Commissioner obtains the following information from the Director-General of Social Welfare on or before 30 June 1992: i: the name and address of the person entitled to receive payments under the order or agreement; and ii: the amount payable towards the maintenance of that other person, the frequency of the payments, and the date on which the order or agreement ceases to remain in force. 2: Where this section applies to an order or agreement,— a: the party towards whose support money is required to be paid under the order or agreement shall be deemed to have applied to the Commissioner for enforcement of the order or agreement; and b: the order or agreement shall be deemed to be an order to which Part 4 3: The Commissioner shall, as soon as practicable, give a notice to each party to an order or agreement to which this section applies specifying the information that has been obtained from the Director-General of Social Welfare under this section. 4: Any person to whom any such notice is given and who disputes the accuracy of any information given by the Director-General of Social Welfare shall notify the Commissioner in writing of that fact not more than 28 days after the date on which the notice is given. 5: Where any such notification is received by the Commissioner,— a: in relation to any order or agreement referred to in any of subparagraphs (i), (ii), or (iii) of subsection (1)(a),— i: subsection (2) shall not apply; and ii: the person who is entitled to receive the payments under the order or agreement shall be required to make an application under section 268(1) b: in relation to any order referred to in subparagraph (iv) of subsection (1)(a), the notification shall be deemed to be an objection made under section 90(2) Section 267 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 268: Enforcement of other 1: This section applies to every order and agreement to which section 267(1)(a) and (b) a: no application is deemed to be made under section 267(2)(a) b: section 267(5)(a)(ii) 2: The person who is entitled to receive payments under any order or agreement to which this section applies may, in a written application made to the Commissioner, request that the order or agreement be deemed to be an order to which Part 4 3: Every such request shall provide satisfactory evidence of— a: the name and last known address of the person required to make payments under the order or agreement; and b: the amount payable towards the maintenance of the applicant, the frequency of the payments, and the date on which the order or agreement ceases to remain in force. 4: Where the Commissioner accepts such a request, the order or agreement shall be deemed to be an order made,— a: in any case where the request and all the information required to be provided is received by the Commissioner on or before 30 June 1992, on 1 July 1992; or b: in any case where the request and all the information required to be provided is not received by the Commissioner on or before 30 June 1992, on the day on which the request and all the information required to be provided is received by the Commissioner. Section 268 heading amended 26 April 2005 section 3 Child Support Amendment Act 2005 Child Support Amendment Act (No 3) 2013 Heading inserted 31 March 2014 section 8 Child Support Amendment Act (No 3) 2013 268A: Transitional provision for proceedings commenced before commencement of Child Support Amendment Act (No 3) 2013 but not completed 1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Child Support Amendment Act (No 3) 2013 pending proceeding 2: The following provisions do not apply to a pending proceeding: a: section 226A b: section 226B c: section 226C d: section 226D 3: Section 226 Child Support Amendment Act (No 3) 2013 Child Support Amendment Act (No 3) 2013 Section 268A inserted 31 March 2014 section 8 Child Support Amendment Act (No 3) 2013 Miscellaneous provisions 269: Transfer of information during transitional period Notwithstanding anything in any other Act, the Director-General of Social Welfare shall, to the extent that it is practicable to do so, provide the Commissioner with the information referred to in section 261 section 264 section 267 270: Beneficiaries to apply for child support from 16 March 1992 Nothing in section 9 271: Assessment activity under Social Security Act 1964 to cease from 16 March 1992 Notwithstanding the Social Security Act 1964 a: a liable parent who is, after 15 March 1992, given notice of a grant of benefit under section 27L of that Act section 27M of that Act b: the Director-General of Social Welfare shall cease to be required, after 15 March 1992, to determine a liable parent's weekly income or to calculate any contribution under section 27N of that Act 272: Transitional date for calculating living allowance For the purpose of calculating the amount of the living allowance to which a person is entitled for the child support year ending with 31 March 1993, every reference in section 30 273: Transitional date for departure order and lump sum order applications For the purposes of section 104 section 108 275: Application of repealed provisions of Tax Administration Act 1994 Where a provision of this Act (a relevant provision)— a: refers to a provision of the Tax Administration Act 1994 Tax Administration Amendment Act (No 2) 1996 b: incorporates the repealed provision for any purpose to give effect to the relevant provision,— the repealed provision shall be deemed to continue in effect for the purpose of giving effect to the relevant provision. Section 275 added 26 July 1996 Child Support Amendment Act 1996 276: Application, transitional, 1: The application, transitional, Schedule 1 1 April 2015 2: The application, transitional, and savings provisions are set out in the following Parts of Schedule 1 The following table is small in size and has 2 columns. Column 1 is headed Part heading. Column 2 is headed Part of Schedule 1. Part heading Part of Schedule 1 Child Support Amendment Act 2013, etc: provisions relating to amendments effective on 1 April 2015 1 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 1A Child Support Amendment Act 2013: Provisions relating to amendments effective on 1 April 2016 2 Section 276 inserted 17 April 2013 section 31 Child Support Amendment Act 2013 Section 276 heading amended 25 February 2016 section 54(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 276(1) amended 25 February 2016 section 54(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 276(1) amended 27 February 2014 section 148 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 276(2) inserted 25 February 2016 section 54(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 276(2) table amended 1 April 2016 section 62 Child Support Amendment Act 2013

DLM229809

1991

Education Amendment Act 1991

1: Short Title This Act may be cited as the Education Amendment Act 1991, and shall be read together with and deemed part of the Education Act 1989 1: Restriction on attendance at certain schools 2: 2: Enrolment schemes 3: New sections substituted 1: This subsection repealed sections 11 12 sections 11A to 11K 2: Subsection (2) repealed 19 December 1998 section 6(4) Education Amendment Act (No 2) 1998 4: 5: Transitional effect of existing limitations and schemes Section 5 repealed 19 December 1998 section 6(4) Education Amendment Act (No 2) 1998 6: Subsection (2)(b) repealed 19 December 1998 section 60(d) Education Amendment Act (No 2) 1998 7: Consequential repeals The following enactments are hereby consequentially repealed: a: b: Section 7 c: Sections 6 7 3: Other amendments to principal Act 8: 9: 10: 11:

DLM247392

1991

Social Security Amendment Act (No 2) 1991

1: Short Title and commencement 1: This Act may be cited as the Social Security Amendment Act (No 2) 1991, and shall be read together with and deemed part of the Social Security Act 1964 2: Except as provided in sections 5(2) 18(3) 23(2) 2: 3: 4: Domestic purposes benefits for sole parents 1: This subsection substituted a new paragraph for para (a) 2: Notwithstanding the provisions of section 27B(2)(a) subsection (1) 5: 6: Section 6 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 7: Invalids' benefits 1: This subsection amended s 40 2: Notwithstanding the provisions of section 40 subsection (1) 8: Sickness benefits 1: This subsection amended s 54 2: Notwithstanding the provisions of section 54 subsection (1) 9: 10: Section 10 repealed 1 April 1997 Social Security Amendment Act 1996 11: Section 11 repealed 1 April 1997 Social Security Amendment Act 1996 12: Sections 12–13 repealed 1 April 1997 Social Security Amendment Act 1996 13: Sections 12–13 repealed 1 April 1997 Social Security Amendment Act 1996 14: Section 14 repealed 1 April 1997 Social Security Amendment Act 1996 15: 16: 1: This subsection repealed ss 61D to 61F ss 61D to 61DE 2: The following enactments are hereby consequentially repealed: a: Section 9 Social Security Amendment Act 1982 b: Section 7(2) of the Social Security Amendment Act (No 2) 1982 c: Sections 8 to 10 and 12 of the Social Security Amendment Act (No 2) 1985 d: Section 15 of the Social Security Amendment Act (No 2) 1988 e: Sections 14(5) 37(6) Social Welfare (Transitional Provisions) Act 1990 f: Sections 18 to 21 Social Security Amendment Act 1991 3: Clause 2 Social Security (Miscellaneous Rates) Order 1990 4: This section shall apply in respect of persons who die on or after the date of commencement of this section. In respect of persons who died before that date, the provisions of the principal Act shall continue to apply as if this section had not been enacted. 17: 18: 1: This subsection inserted s 70B 2: If— a: Both parents of a dependent child were in receipt of a benefit immediately before the commencement of this section; and b: Section 70B subsection (1) c: The child was taken into account in assessing both parents' entitlement to a benefit or the rate of benefit payable to both parents— each of the parents, in the Director-General's discretion, shall be entitled to continue to receive the benefit at the same rate as he or she received it before the commencement of this section until a review under section 81 3: This section shall come into force on the 1st day of October 1991. 19: 1: This subsection substituted s 77 2: The following enactments are hereby consequentially repealed: a: The Social Security Amendment Act 1985 b: Section 20 of the Social Security Amendment Act (No 2) 1988 c: Section 35(4) Finance Act 1989 3: Any person who, immediately before the commencement of this section, was overseas and was entitled to receive a benefit pursuant to section 77 20: Section 20 repealed 1 April 1997 Social Security Amendment Act 1996 21: 22: 23: Section 23 repealed 1 July 1996 Social Security Amendment Act 1996

DLM248273

1991

Finance Act 1991

1: Short Title and commencement 1: This Act may be cited as the Finance Act 1991. 2: Except as provided in subsection (3), this Act shall come into force on the day on which it receives the Royal assent. 3: Sections 2 to 6 10 to 13 15 to 19 21 to 26 4: A date may be appointed pursuant to subsection (3) for bringing section 5 section 6 5: 6: A date may be appointed pursuant to subsection (3) for bringing section 11 section 12 7: A date may be appointed pursuant to subsection (3) for bringing section 13 8: A date may be appointed pursuant to subsection (3) for bringing section 18 section 19 9: 10: A date may be appointed pursuant to subsection (3) for bringing section 24 section 25 11: A date may be appointed pursuant to subsection (3) for bringing section 26 Section 1(3) brought into force 10 December 1991 clause 2(2) Finance Act Commencement Order 1991 Section 1(3) brought into force 13 December 1991 clause 2(1) Finance Act Commencement Order 1991 Section 1(3) brought into force 22 January 1992 Finance Act Commencement Order 1992 Section 1(3) brought into force 17 March 1992 Finance Act Commencement Order (No 2) 1992 Section 1(3) brought into force 17 April 1992 Finance Act Commencement Order (No 3) 1992 Section 1(3) brought into force 21 August 1996 Finance Act Commencement Order 1996 Section 1(3) brought into force 1 October 1996 Finance Act Commencement Order (No 2) 1996 Section 1(3) brought into force 1 May 2011 Finance Act 1991 Commencement Order 2011 Section 1(3) brought into force 1 December 2015 Finance Act 1991 Commencement Order 2015 Section 1(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 1(5) repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 1(9) repealed 1 April 2005 section YA 2 Income Tax Act 2004 1: State-owned enterprises Forestry Corporation of New Zealand Limited 2: Addition to Schedules 1 and 2 of State-Owned Enterprises Act 1986 Amendment(s) incorporated in the Act(s) 3: Consequential amendments The enactments specified in Schedule 1 4: Provision for Forestry Corporation of New Zealand Limited to cease to be State enterprise 1: The State-Owned Enterprises Act 1986 Schedule 1 Forestry Corporation of New Zealand Limited 2: Notwithstanding the coming into force of subsection (1) section 22 the Corporation a: the Corporation were a State enterprise; and b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 3: The State-Owned Enterprises Act 1986 Schedule 2 Forestry Corporation of New Zealand Limited 4: Notwithstanding the coming into force of subsection (3) and whether or not all or any of the shares in the Corporation are held by Ministers of the Crown on behalf of the Crown, sections 23 to 30 a: the Corporation were a State enterprise and a company named in Schedule 2 b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 5: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 5: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 6: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 7: Amendment to Income Tax Act 1976 Section 7 repealed 1 April 2005 section YA 2 Income Tax Act 2004 GCS Limited 8: Amendment to Schedules 1 and 2 of State-Owned Enterprises Act 1986 Section 8 repealed 18 November 1994 section 5(5) Finance Act 1994 9: Consequential amendments 1: The enactments specified in Schedule 2 2: Section 11 Government Supply Brokerage Corporation (N.Z.) Limited 10: Provision for Government Supply Brokerage Corporation (NZ) Limited to cease to be State enterprise 1: The State-Owned Enterprises Act 1986 Schedule 1 section 19(1) Government Supply Brokerage Corporation (N.Z.) Limited 2: Notwithstanding the coming into force of subsection (1), section 22 the Corporation a: the Corporation were a State enterprise; and b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 3: The State-Owned Enterprises Act 1986 Schedule 2 section 19(1) Government Supply Brokerage Corporation (N.Z.) Limited 4: Notwithstanding the coming into force of subsection (3) and whether or not all or any of the shares in the Corporation are held by Ministers of the Crown on behalf of the Crown, sections 23 to 30 a: the Corporation were a State enterprise and a company named in Schedule 2 b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 5: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 6: Section 19(1) 11: Amendment to Ombudsmen Act 1975 1: Amendment(s) incorporated in the Act(s) 2: Amendment(s) incorporated in the Act(s) 12: Amendment to Official Information Act 1982 1: Amendment(s) incorporated in the Act(s) 2: Amendment(s) incorporated in the Act(s) 13: Amendment to Income Tax Act 1976 Section 13 repealed 1 April 1995 Income Tax Act 1994 National Provident Management Company Limited 14: Addition to Schedules 1 and 2 of State-Owned Enterprises Act 1986 Amendment(s) incorporated in the Act(s) 15: Consequential amendments The enactments specified in Schedule 3 16: State Sector Act 1988 amended Amendment(s) incorporated in the Act(s) 17: Provision for National Provident Management Company Limited to cease to be State enterprise 1: The State-Owned Enterprises Act 1986 Schedule 1 National Provident Management Company Limited 2: Notwithstanding the coming into force of subsection (1), section 22 the Corporation a: the Corporation were a State enterprise; and b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 3: The State-Owned Enterprises Act 1986 Schedule 2 National Provident Management Company Limited 4: Notwithstanding the coming into force of subsection (3) and whether or not all or any of the shares in the Corporation are held by Ministers of the Crown on behalf of the Crown, sections 23 to 30 a: the Corporation were a State enterprise and a company named in Schedule 2 b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 5: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 18: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 19: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 20: Amendment to Income Tax Act 1976 Section 20 repealed 1 April 2005 section YA 2 Income Tax Act 2004 Timberlands West Coast Limited 21: Addition to Schedules 1 and 2 of State-Owned Enterprises Act 1986 Amendment(s) incorporated in the Act(s) 22: Consequential amendments The enactments specified in Schedule 4 23: Provision for Timberlands West Coast Limited to cease to be State enterprise 1: The State-Owned Enterprises Act 1986 Schedule 1 Timberlands West Coast Limited 2: Notwithstanding the coming into force of subsection (1), section 22 the Corporation a: the Corporation were a State enterprise; and b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 3: The State-Owned Enterprises Act 1986 Schedule 2 Timberlands West Coast Limited 4: Notwithstanding the coming into force of subsection (3) and whether or not all or any of the shares in the Corporation are held by Ministers of the Crown on behalf of the Crown, sections 23 to 30 a: the Corporation were a State enterprise and a company named in Schedule 2 b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 5: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 2011-05-01 State-Owned Enterprises Act 1986 Section 23 brought into force by Finance Act 1991 Commencement Order 2011 (SR 2011/102): amends Schs 1 and 2. 24: Amendment to Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 section 22 Timberlands West Coast Limited OIC LI 2015/243 2015-12-01 Ombudsmen Act 1975 ss 24 and 25 to come into force by OIC (as per s 1(10) of this Act) if at least 50% of ordinary shares in Timberlands West Coast Limited is no longer held by the Crown. Treasury will advise when this threshhold is reached. If this happens, s 1(11) of this Act should be repealed. | I found no authority to repeal s 1(11), and also because the OIC brought into force s 26 too, as authorised by s 1(11), it seems to be wrong to repeal it (MF) 25: Amendment to Official Information Act 1982 The Official Information Act 1982 Schedule 1 section 23(1) section 22 Timberlands West Coast Limited OIC LI 2015/243 2015-12-01 Official Information Act 1982 s 25 to come into force by OIC (as per s 1(10) of this Act) if at least 50% of ordinary shares in Timberlands West Coast Limited is no longer held by the Crown. Treasury will advise when this threshhold is reached. If this happens, s 1(11) of this Act should be repealed. | I found no authority to repeal s 1(11), and also because the OIC brought into force s 26 too, as authorised by s 1(11), it seems to be wrong to repeal it (MF) 26: Amendment to Income Tax Act 2007 The Income Tax Act 2007 schedule 36 Timberlands West Coast Limited OIC LI 2015/243 2015-12-01 Income Tax Act 2007 s 26 of this Act to come into force by OIC (as per s 1(11) of this Act) if no ordinary shares in the capital of Timberlands West Coast Limited are held by the Crown. Treasury will advise when this threshhold is reached. If this happens, s 1(10) of this Act should be repealed. | I found no authority to repeal s 1(10), and also because the OIC brought into force ss 24 & 25 too, as authorised by s 1(10), it seems to be wrong to repeal it (MF) Section 26 substituted 1 April 2008 section ZA 2(1) Income Tax Act 2007 2: Other substantive provisions 27: Validating making and issue of Tokelau commemorative coins 1: The making and issue of the coins to which subsections (2) to (4) apply is hereby validated and deemed to have been lawful; and they are hereby deemed to have been since their issue, and to continue to be, legal tender in Tokelau only. 2: This subsection applies to the coin (known as the Tokelau 1989 Five Dollar Explorer Commemorative Coin) that— a: has for the obverse impression, within a border pattern around the periphery consisting of 18 groups of 3 dots (each group representing the 3 atolls of Tokelau),— i: the effigy of Her Majesty the Queen in profile, wearing a diadem; and ii: the expression TOKELAU • 1989 b: has for the reverse impression— i: a representation of HMS Dolphin HMS DOLPHIN ii: a representation of Captain Byron RN; and iii: below those representations, the words LIMA TALA iv: between those representations and the words LIMA TALA $5 c: is made of .925 sterling silver, weighs 27.21 grammes, and has a diameter of 38.7 millimetres and a milled edge. 3: This subsection applies to the coin (known as the Tokelau 1991 Five Dollar Pearl Harbor Commemorative Coin) that— a: has for the obverse impression, within a border pattern around the periphery consisting of 18 groups of 3 dots (each group representing the 3 atolls of Tokelau),— i: the effigy of Her Majesty the Queen in profile, wearing a diadem; and ii: the expression TOKELAU • 1991 b: has for the reverse impression a representation, surrounded by the expression PEARL HARBOR • DECEMBER 7th 1941 • $5 c: is made of cupronickel, weighs 28.28 grammes, and has a diameter of 38.6 millimetres and a milled edge. 4: This subsection applies to the coin (known as the Tokelau 1991 Fifty Dollar Pearl Harbor Commemorative Coin) that— a: has for the obverse impression, within a border pattern around the periphery consisting of 18 groups of 3 dots (each group representing the 3 atolls of Tokelau),— i: the effigy of Her Majesty the Queen in profile, wearing a diadem; and ii: the expression TOKELAU • 1991 b: has for the reverse impression a representation, surrounded by the expression PEARL HARBOR • DECEMBER 7th 1941 • $50 c: is made of pure silver 999/1 000, weighs 31.103 grammes (1 troy ounce), and has a diameter of 38.6 millimetres and a milled edge. 28: Finance Act (No 2) 1990 amended Amendment(s) incorporated in the Act(s)

DLM228920

1991

Goods And Services Tax Amendment Act (No 2) 1991

1: Short Title This Act may be cited as the Goods and Services Tax Amendment Act (No 2) 1991, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 2: Zero-rating 1: 2: 3: The following enactments are hereby consequentially repealed: a: Section 9(7) of the Goods and Services Tax Amendment Act 1986 b: Section 4(4) (5) Goods and Services Tax Amendment Act 1990 4: This section shall apply to supplies made on or after the 1st day of October 1986. 5: Notwithstanding anything in the Designs Act 1953 Patents Act 1953 Trade Marks Act 1953 Plant Variety Rights Act 1987 a: The existence or continuation of any right or the validity or lawfulness of any matter or thing, being any— i: Design right, registration of design, or application under the Designs Act 1953 ii: Patent, grant of patent, or application under the Patents Act 1953 iii: Trade mark, registration of trade mark, or application under the Trade Marks Act 1953 iv: Plant variety right, grant of such rights, or application under the Plant Variety Rights Act 1987 v: Right or other matter or thing whose validity or lawfulness is consequential on or relates to any of the matters referred to in subparagraphs (i) to (iv) depends or depended on the payment of any fee under any of those Acts or regulations made under those Acts; and b: The full amount of any such fee was not paid, or was not paid at the appropriate time, by reason of the amount of any goods and services tax payable not having been paid as part of or in respect of that fee (being tax that was payable pursuant to the principal Act before its amendment by this section or by section 3(1) to (3) Goods and Services Tax Amendment Act (No 3) 1991 c: Any such amount of goods and services tax would not have been payable as part of or in respect of that fee if this section or section 3(1) to (3) Goods and Services Tax Amendment Act (No 3) 1991 then those rights, matters, and things, and any dealings in relation to those rights, matters, and things by the Patent Office or the Plant Variety Rights Office, are hereby deemed to be as valid and as lawfully made or done as they would be if, at the time the relevant fee was paid, the full amount of that fee (including any goods and services tax payable) had been paid. Subsection (2) repealed 28 June 1991 Goods and Services Tax Amendment Act (No 3) 1991 Subsections (5)(b) (c) amended 28 June 1991 by inserting the words or by section 3(1) to (3) of the Goods and Services Tax Amendment Act (No 3) 1991 3(4) Goods and Services Tax Amendment Act (No 3) 1991 3: Section 3 repealed 9(3) Goods and Services Tax Amendment Act 1996 1 April 1997

DLM249758

1991

Immigration Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Immigration Amendment Act 1991, and shall be read together with and deemed part of the Immigration Act 1987 2: Except as provided in subsection (3) 3: Section 14E(1) section 8 2: 1: Amendments to Part 1 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: Grant of permits 1: This subsection repealed section 35(4) 2: The Immigration Amendment Act (No 2) 1989 18: 19: 20: 21: Transitional provision 22: Applications for permits and visas lodged before commencement of Act Every application for a permit or visa made before the commencement of this Act shall be considered and determined in accordance with the provisions of the principal Act that were in force immediately before the commencement of this Act, and no appeal shall lie to the Residence Appeal Authority under section 18C 2: Amendments to Part 2 23: 24: 25: 26: 27: 28: 29: 30: 31: New headings and sections substituted This section repealed sections 63 to 66 sections 63 to 63E 64 to 66 Appeals Against Removal Orders Transitional provisions 32: Existing removal warrants, and completion of proceedings on applications for removal warrants 1: Nothing in section 64 66(1)(a)(iii) section 31 a: Has been issued by a District Court before the date of commencement of this Act; or b: Is issued by a District Court after that date pursuant to subsection (2) to be endorsed by a District Court Judge before it may be executed. 2: Where any application for a removal warrant made to a District Court before the date of commencement of this Act has not been determined before that date,— a: The District Court shall, unless the application is sooner withdrawn, determine the application under the provisions of the principal Act as if this Act had not been passed; and b: Where the District Court determines to issue a removal warrant in any such proceedings, that warrant shall be treated for the purposes of the principal Act as if it were a removal order issued by a duly qualified immigration officer under section 50 section 23 subsection (1) 33: Persons in New Zealand unlawfully 1: This section applies to every person who was in New Zealand unlawfully immediately before the commencement of this Act other than— a: A person in respect of whom a deportation order is in force; or b: A person in respect of whom a removal warrant or a removal order has been in force for a period exceeding 42 days; or c: A person who, being a person in respect of whom a removal warrant or a removal order is in force, has appealed— i: To the Minister to cancel the warrant under section 63 ii: To the Removal Review Authority to cancel the order under section 63A 63B section 31 2: Any person to whom this section applies may apply to the Minister for a permit in such manner as the Minister may approve, and the Minister shall consider and determine any such application. 3: No person may make under this section— a: More than one application for a temporary permit; or b: More than one application for a residence permit. 4: Where a person applies for a residence permit under this section no appeal shall lie to the Residence Appeal Authority under section 18C 5: No person may make an application under this section on or after 1 October 2000. Subsection (5) inserted 1 October 1999 62(2) Immigration Amendment Act 1999 Section 62(1) (4) 1 October 1999 by substituting the word Appeal Repeal 34: Appeals to Minister to cancel removal warrant Where a District Court has, before the commencement of this Act, issued a removal warrant in respect of any person,— a: The person may, notwithstanding the repeal of section 63 section 31 section 63 b: The Minister shall consider any appeal made in accordance with the said section 63 paragraph (a) section 63 c: No appeal shall lie to the Removal Review Authority under section 63A 63B 3: Other amendments 35: 36: 37: 38: 39: 40: 41: 42: 43: 44: 45: 46: 47: 48: 49: 50: Amendments to Legal Aid Act 1969 Legal Services Act 1991 Section 50 repealed 1 February 2001 127(1)(b) 128 Legal Services Act 2000

DLM227897

1991

Social Security Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Social Security Amendment Act 1991, and shall be read together with and deemed part of the Social Security Act 1964 2: Sections 2(3) 12 to 17 25 29 32 34 40(2) 3: Section 40(1)(a) 4: Except as provided in subsections (2) (3) 2: Interpretation 1: 2: 3: 4: So much of section 2(1) dependent child 3: Exercise of powers, etc, by Director General 1: 2: Section 3(2) of the Social Security Amendment Act (No 2) 1990 4: Section 4 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 5: 6: 7: Abolition of family benefit 1: This subsection repealed sections 32 to 39 Schedule 5 2: The following enactments are hereby consequentially repealed: a: Section 5 Social Security Amendment Act 1974 b: Section 9 Social Security Amendment Act (No 2) 1977 c: Section 8 Social Security Amendment Act 1978 d: Section 7 Social Security Amendment Act 1983 Schedule 2 Schedule 5 e: Section 2 of the Social Security Amendment Act (No 2) 1984 f: Section 6 of the Social Security Amendment Act (No 2) 1985 g: Section 8 Social Security Amendment Act 1986 h: Sections 20 21 i: Sections 12 13 Social Security Amendment Act (No 2) 1988 j: Section 3 of the Social Security Amendment Act 1989 k: Section 37(4) (5) l: Section 13 Social Security Amendment Act (No 2) 1990 m: Sections 2 and 3 of the Social Security Amendment Act (No 3) 1990 3: Notwithstanding the provisions of this section, where any person has properly received an advance payment of family benefit under section 36 8: 9: 10: 11: Subsidy on earnings of blind beneficiaries 1: This subsection amended the proviso to section 43 2: Section 12 Social Security Amendment Act 1972 12: Repealing provisions relating to commencement of sickness benefit 1: This subsection repealed section 57 2: Section 7 Social Security Amendment Act 1982 13: Unemployment benefits 1: This subsection repealed section 58(1A) 2: Section 12(2) Social Security Amendment Act 1978 14: Rates of unemployment benefits This section amended section 59 15: Commencement of unemployment benefit, etc Section 15 repealed 1 April 1997 Social Security Amendment Act 1996 16: New sections inserted This section inserted sections 60H to 60L Section 16 repealed 1 October 1998 8(2)(a) Social Security (Work Test) Amendment Act 1998 17: Director-General may grant emergency benefit in cases of hardship This section amended section 61 18: Section 18 repealed 1 August 1991 16(2)(f) Social Security Amendment Act (No 2) 1991 19: Section 19 repealed 1 August 1991 16(2)(f) Social Security Amendment Act (No 2) 1991 20: Section 20 repealed 1 August 1991 16(2)(f) Social Security Amendment Act (No 2) 1991 21: Section 21 repealed 1 August 1991 16(2)(f) Social Security Amendment Act (No 2) 1991 22: Section 22 repealed 1 July 1993 10(2)(e) Social Security Amendment Act (No 3) 1993 23: Provisions relating to children who continue education This section inserted section 63A 24: Abolishing telephone-service-rental allowance 1: This subsection repealed section 69A Schedule 25 2: 3: The following enactments are hereby consequentially repealed: a: Section 34 7 Finance Act 1989 b: Section 14(7)(b) (8) Social Welfare (Transitional Provisions) Act 1990 c: Section 23(2) Social Security Amendment Act (No 2) 1990 4: Notwithstanding the provisions of this section, every person who, on the 31st day of March 1991, was properly in receipt of a telephone-service-rental allowance under section 69A Subsection (2) repealed 1 April 1994 6(e) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 25: 26: Section 26 repealed 3 June 1998 10(c) Social Security Amendment Act (No 2) 1998 27: Section 27 repealed 30 June 1993 5(4)(b) Social Security Amendment Act (No 3) 1993 28: 29: 30: 31: Section 31 repealed 1 August 1991 19(1) Social Security Amendment Act (No 2) 1991 32: Commencement and payment of benefits 1: This subsection substituted section 80 2: The following enactments are hereby consequentially repealed: a: Section 37(7) Social Welfare (Transitional Provisions) Act 1990 b: Section 19 Social Security Amendment Act (No 2) 1990 c: Section 4 of the Social Security Amendment Act (No 3) 1990 Subsection (1) repealed 1 April 1997 Social Security Amendment Act 1996 33: 34: 35: 36: 37: Section 37 repealed 1 July 1996 Social Security Amendment Act 1996 Section 45(2) Social Security Amendment Act 1996 37 38 repealed 1 April 1997 38: Section 38 repealed 1 July 1996 Social Security Amendment Act 1996 Section 45(2) Social Security Amendment Act 1996 37 38 repealed 1 April 1997 39: Section 39 repealed 1 July 1996 Social Security Amendment Act 1996 40: Section 40 repealed 1 July 1996 Social Security Amendment Act 1996 41: Section 41 repealed 1 July 1993 34(2) Social Security Amendment Act (No 3) 1993 42: Section 42 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991

DLM248228

1991

Rehabilitation Act Repeal Act 1991

1: Short Title This Act may be cited as the Rehabilitation Act Repeal Act 1991. 2: Repeal of Rehabilitation Act 1941, etc 1: The enactments specified in Part 1 2: The regulations and orders specified in Part 2 3: Savings If, immediately before the commencement of this section, a person was in receipt of assistance under any of the Acts, regulations, or orders repealed or revoked by section 2 Secretary for War Pensions Section 3 amended 1 July 1999 section 8 Veteran’s Affairs Act 1999

DLM229840

1991

Local Government Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Local Government Amendment Act 1991, and shall be read together with and deemed part of the Local Government Act 1974 2: Except as provided in sections 16(2) 21(3) 2: New sections inserted 1: 2: Section 63 Local Government Amendment Act (No 2) 1989 section 27 of the Local Government Reform (Transitional Provisions) Act 1990 Subsection (1) repealed 10 October 1992 8(2)(c) Local Government Amendment Act 1992 3: Section 3 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 4: Section 4 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 5: Electors of regions, territorial authorities, and communities Section 5 repealed 1 July 2001 152(1) Local Electoral Act 2001 See sections 153 to 157 See clause 2 Local Electoral Act Commencement Order 2001 6: Review of membership and basis of election Section 6 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 7: Objections Section 7 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 8: Commission to determine wards and constituencies Section 8 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 9: Factors in determination of membership and basis of election 1: 2: Subsection (1) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 Subsection (2) repealed 10 October 1992 8(2)(c) Local Government Amendment Act 1992 10: When ward and constituency determinations take effect Section 10 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 11: Extraordinary vacancies Section 11 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 12: Procedures relating to resolution to constitute community Section 12 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 13: Membership of community boards Section 13 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 14: Section 14 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 15: Section 15 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 16: Section 16 repealed 27 July 1996 4(4) Local Government Amendment Act (No 3) 1996 17: Section 17 was repealed 27 July 1996 4(4) Local Government Amendment Act (No 3) 1996 18: Financial Systems Section 18 repealed 27 July 1996 4(2)(a) Local Government Amendment Act (No 3) 1996 19: Interpretation This section substituted the definition of Electoral population section 707B 20: Membership of Auckland Regional Authority This section amended, as from 1 October 1991, section 707C 21: Repeal of special roll compilation procedures for Auckland Regional Authority This section repealed, as from 1 October 1991, sections 707F to 707M 22: Schedule 4 Section 22 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 23: Continuation of existing arrangements for 1992 triennial general election 1: This section shall apply to every council constituted on or after the 1st day of November 1989 (other than the Ashburton District Council). 2: Notwithstanding anything in section 101H 3: Where a council resolves under subsection (2) 4: Where a council resolves under subsection (2) a: Send a copy of that notice to— i: The Commission; and ii: The Surveyor-General; and iii: The Government Statistician; and b: Where the council is a regional council, send a copy of the notice to every territorial authority whose district or a part of whose district is within the region; and c: Where the council is a territorial authority, send a copy of the notice to any regional council for a region in which the district of the territorial authority or any part thereof is situated. 24: Validation of introduction of instalment rating 1: The introduction of instalment rating for the financial year which commenced on the 1st day of July 1990 by those territorial authorities listed in the Schedule to this Act is hereby declared to be valid, notwithstanding that the special orders required, pursuant to section 152 of the Rating Powers Act 1988 section 33 of the Local Government Reform (Transitional Provisions) Act 1990 2: Clause 11(2) of the Stratford Borough-Stratford County Union Order 1988 (which is published in the Gazette Gazette 3: Notwithstanding subsection (2) a: May from time to time, pursuant to a special order made under section 156 b: May, pursuant to a special order made under section 157 25: Amendments to Ombudsmen Act 1975 1: These subsections amended Schedule 1 Ombudsmen Act 1975 2: These subsections amended Schedule 1 Ombudsmen Act 1975 3: 4: This subsection amended Schedule 1 Ombudsmen Act 1975 Subsection (3) repealed 1 November 1995 32(2) Chatham Islands Council Act 1995 Amendments to Area Health Boards Act 1983 26: 27: Amendments to Greytown Trust Lands Act 1979 28: Section 28 repealed 26 August 1993 3(3) Greytown District Trust Lands Amendment Act 1993 29: Section 29 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 30: Section 30 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 31: Repeal The Local Government Amendment Act 1986 Schedule 1 section 4 Greytown Trust Lands Act 1979 Amendments to Masterton Trust Lands Act 1966 32: Sections 32 to 34 repealed 6 May 2003 38(b) Masterton Trust Lands Act 2003 See sections 39 40 33: Sections 32 to 34 repealed 6 May 2003 38(b) Masterton Trust Lands Act 2003 See sections 39 40 Section 33 repealed 1 July 2003 266 Local Government Act 2002 34: Sections 32 to 34 repealed 6 May 2003 38(b) Masterton Trust Lands Act 2003 See sections 39 40 Section 34 repealed 1 July 2003 266 Local Government Act 2002

DLM228368

1991

Social Welfare (Transitional Provisions) Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Social Welfare (Transitional Provisions) Amendment Act 1991, and shall be read together with and deemed part of the Social Welfare (Transitional Provisions) Act 1990 2: This Act shall come into force on the 1st day of April 1991. 2: Abolition of Social Welfare Commission, District Executive Committees, and Area Welfare Executive Committees 1: This subsection repealed ss 20 29 32 2: This subsection amended s 31 3: No member of the Social Welfare Commission or of a District Executive Committee or of an Area Welfare Executive Committee shall be entitled to any money or other benefit by way of compensation, or a claim for loss of remuneration, or for reimbursement of expected allowances, arising out of the abolition of that Commission or either of those Committees. 3: 4: Abolition of residence management committees 1: 2: 3: No member of a residence management committee shall be entitled to any money or other benefit by way of compensation, or a claim for loss of remuneration, or for reimbursement of expected allowances, arising out of the abolition of that committee.

DLM257769

1991

Ministry of Maori Development Act 1991

1: Short Title and commencement 1: This Act may be cited as the Ministry of Maori Development Act 1991. 2: This Act shall come into force on 1 January 1992. 2: Interpretation In this Act, unless the context otherwise requires,— Maori Ministry of Maori Development State Sector Order 1991 public service Section 2 Ministry of Maori Development amended 7 August 2020 section 135 Public Service Act 2020 3: Act to bind the Crown This Act shall bind the Crown. 4: Name of Ministry of Maori Development The name of the Ministry of Maori Development is, in the Maori language, Te Puni Kokiri. 5: Particular responsibilities of Ministry of Maori Development 1: The responsibilities of the Ministry of Maori Development include— a: promoting increases in the levels of achievement attained by Maori with respect to— i: education: ii: training and employment: iii: health: iv: economic resource development: b: monitoring, and liaising with, each department and agency that provides or has a responsibility to provide services to or for Maori for the purpose of ensuring the adequacy of those services. 2: The responsibilities of the Ministry of Maori Development under subsection (1) are in addition to the other responsibilities conferred on that Ministry from time to time. 3: Nothing in this section limits the provisions of the Treaty of Waitangi Act 1975 6: Vesting in Ministry of Maori Development of rights, etc, of Iwi Transition Agency and Ministry of Maori Affairs 1: All rights (including, but not exclusively, any rights of ownership or possession), powers, duties, liabilities, directions, and contracts (other than contracts of employment) exercisable by, vested in, or binding on the Crown in right of the Iwi Transition Agency or the Ministry of Maori Affairs immediately before 1 January 1992 shall, on and from that date, become exercisable by, vested in, or binding on the Crown in right of the Ministry of Maori Development. 2: All documents made or things done by or on behalf of the Crown, the Iwi Transition Agency, or the Ministry of Maori Affairs before 1 January 1992 in the exercise of any functions, powers, or duties previously conferred or imposed on the Crown in right of the Iwi Transition Agency or the Ministry of Maori Affairs shall, to the extent that they are subsisting and in force on that date, continue to have effect for all purposes in all respects as if they had been made or done by the Crown in right of the Ministry of Maori Development. 7: Existing employees 1: Notwithstanding any other provision of this Act or any provision of the State Sector Act 1988 a: on 1 January 1992 every person who, immediately before that date, is employed in the Iwi Transition Agency or the Ministry of Maori Affairs (other than a person whose employment in that Agency or Ministry would have ceased, even if this Act had not been passed, with the close of 31 December 1991) shall become a person employed in the Ministry of Maori Development; and b: the terms and conditions of employment of every person who, by virtue of paragraph (a), becomes a person employed in the Ministry of Maori Development shall, until varied or until a new contract of employment is entered into, be based on the employment contract that applied to that person immediately before 1 January 1992 in respect of that person's employment in the Iwi Transition Agency or the Ministry of Maori Affairs. 2: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a person who, by virtue of paragraph (a) of subsection (1), becomes a person employed in the Ministry of Maori Development,— a: the contract of employment that applied immediately before 1 January 1992 in respect of that person's employment in the Iwi Transition Agency or the Ministry of Maori Affairs shall be deemed not to have been broken by that person having so become a person employed in the Ministry of Maori Development; and b: any period recognised by the chief executive of the Iwi Transition Agency or the chief executive of the Ministry of Maori Affairs as continuous service in the Iwi Transition Agency or the Ministry of Maori Affairs shall be deemed to have been a period of continuous service in the Ministry of Maori Development. 3: No person who becomes, by virtue of subsection (1)(a), a person employed in the Ministry of Maori Development shall be entitled to any payment or other benefit by reason only of that person having ceased to be a person employed in the Iwi Transition Agency or the Ministry of Maori Affairs. 8: Abolition of Iwi Transition Agency and Ministry of Maori Affairs The Iwi Transition Agency and the Ministry of Maori Affairs are hereby abolished. 9: Consequential amendments 1: The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule. 2: Every reference in Parts 2 3 3: Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any other enactment or in any regulations or in any instrument— a: every reference to the Iwi Transition Agency or the Ministry of Maori Affairs shall be read as a reference to the Ministry of Maori Development: b: every reference to the General Manager of the Iwi Transition Agency or to the chief executive of the Ministry of Maori Affairs shall be read as a reference to the chief executive of the Ministry of Maori Development. 10: Repeals, revocation, and savings 1: Amendment(s) incorporated in the Act(s) 2: Amendment(s) incorporated in the Act(s) 3: The repeal of any enactment by subsection (1) shall not affect any amendments made by any such enactment to any other enactment.

DLM253110

1991

Education Amendment Act (No 4) 1991

1: Short Title and commencement 1: This Act may be cited as the Education Amendment Act (No 4) 1991, and shall be read together with and deemed part of the Education Act 1989 2: Except as provided in sections 5(5) 16(2) 17(2) 18(2) 34 2: 3: Foreign students 1: This subsection substituted section 4 sections 4A to 4D 2: This subsection amended the definition of the term exempt student section 2(1) 3: The following enactments are hereby consequentially repealed: a: Sections 4(1) 5(2) b: Section 5(2) 4: There shall be deemed to have been set under section 4D(1) 4: 5: New Zealand citizens and residents between 6 and 16 to go to school 1: This subsection amended section 20(1) 2: This subsection amended sections 7A(1)(a) 16 to 18 28(2)(b) 30 31(4) 3: 4: Sections 20(1) 30 a: Turned 15 in 1992; and b: On or after turning 15, and before the commencement of this subsection, ceased to be enrolled at a state school; and c: Has not since that commencement again enrolled at a state school,— as if that person has turned 16. 5: Subsections (1) to (3) of this section shall come into force on the 1st day of January 1993. 6: 7: 8: 9: National education guidelines 1: This subsection inserted section 60A 2: This subsection amended section 60 3: This subsection substituted section 61(2) 4: This subsection substituted section 61(12) 5: All national education guidelines under section 60 6: Section 6(2)(c) 10: 11: 12: Borrowing 1: This subsection substituted section 67 sections 67A 67B 2: The following enactments are hereby consequentially repealed: a: Section 18 b: Section 4 13: 14: 15: 16: 17: 18: 19: Certain persons ineligible to be trustees 1: This subsection inserted section 103(1)(da) 2: This subsection amended section 103(1)(e)(ii) 3: This subsection inserted section 203(2A) 4: No parent representative who, immediately before the commencement of this section, was a member of the Board staff shall go out of office by virtue of section 103(1)(da) 20: 21: 22: 23: 24: 25: 26: 27: 28: 29: 30: 31: 32: 33: 34: 35: Revocations 1: 2: 3: The following enactments are hereby consequentially repealed: a: Section 17 b: Section 8(3) c: Subsections (8) to (10) of section 23 d: Section 2(2) of the Education Amendment Act (No 2) 1990

DLM229510

1991

Animal Control Products Limited Act 1991

1: Short Title and commencement 1: This Act may be cited as the Animal Control Products Limited Act 1991. 2: Except as provided in section 20(3) 2: Interpretation In this Act, unless the context otherwise requires,— Animal Control Products appointed day section 6(3) the company section 5 the Council Agricultural Pests Destruction Act 1967 liabilities poison factory business 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 Shareholding Ministers 1986 No 129 s 2 1988 No 166 s 2 3: Act to bind the Crown This Act shall bind the Crown. 4: Responsibility of Ministers Section 4 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 5: Incorporation of company to take over poison factory business Section 5 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 6: Vesting of poison factory business in company Section 6 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 7: Consequential provisions on vesting of poison factory business in company Section 7 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 8: Additional provisions relating to vesting of land, etc, in company Section 8 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 9: Certain matters not affected by vesting of poison factory business in company Section 9 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 10: Firelighter business not to be treated as part of poison factory business Section 10 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 11: Officers and employees Notwithstanding any other provision of this Act— a: on the appointed day each employee of the Council or Animal Control Products who is employed in respect of the poison factory business shall cease to be an employee of the Council or Animal Control Products and shall become an employee of the company but, for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, his or her contract of employment shall be deemed to have been unbroken and the period of his or her service with the Council or Animal Control Products shall be deemed to have been a period of service with the company; and b: the terms and conditions of the employment of each transferred employee with the company shall on the appointed day (and thereafter until varied) be identical with the terms and conditions of his or her employment with the Council or Animal Control Products immediately before the appointed day and be capable of variation in the same manner; and c: a transferred employee shall not be entitled to receive any payment or other benefit by reason only of his or her ceasing by virtue of this Act to be an employee of the Council or Animal Control Products; and d: nothing in this Act, other than paragraph (c), shall affect any rights or liabilities under any provident, benefit, superannuation, or retirement fund or scheme relating to employees of the Council or Animal Control Products. 1988 No 166 s 12 12: Crown shareholding Section 12 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 13: Books and documents to remain evidence Section 13 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 14: Taxes and duties Section 14 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 15: Crown entity Section 15 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 16: Final report of Council in respect of poison factory business Section 16 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 17: Amendment to Agricultural Pests Destruction Act 1967 Section 17 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 18: Amendment to Income Tax Act 1976 Section 18 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 19: Amendment to Official Information Act 1982 Section 19 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004 20: Amendments consequential on disposal by the Crown of shares in company Section 20 repealed 25 January 2005 section 5 State-Owned Enterprises Amendment Act 2004

DLM229502

1991

Runanga Iwi Act Repeal Act 1991

1: Short Title This Act may be cited as the Runanga Iwi Act Repeal Act 1991. 2: Repeal and revocation 1: The Runanga Iwi Act 1990 2: The Runanga Iwi Regulations 1990 3: Transitional provisions 1: Every application under the Runanga Iwi Act 1990 Runanga Iwi Act 1990 2: Where before the commencement of this Act a Registrar of the Maori Land Court has, in his or her capacity as a Registrar of Runanga or a Registrar of Authorised Voices, received from any person the application fee prescribed by regulation 3(2) of the Runanga Iwi Regulations 1990 regulation 15(2) 3: All proceedings pending immediately before the commencement of this Act under the Runanga Iwi Act 1990 4: All rights, powers, and obligations conferred by the Runanga Iwi Act 1990 5: Without limiting the generality of subsections (1) and (4) Runanga Iwi Act 1990 6: The Runanga Iwi Act 1990

DLM250195

1991

Securities Transfer Act 1991

1: Short Title This Act may be cited as the Securities Transfer Act 1991. 2: Interpretation In this Act, unless the context otherwise requires,— authorised public securities dealer Gazette authorised transaction a: a person authorised to undertake trading activities on a stock exchange's market; or b: a solicitor (as defined in section 6 c: a chartered accountant (within the meaning of section 19 New Zealand Institute of Chartered Accountants Act 1996 d: a trustee corporation (as defined in section 2 e: a registered bank (as defined in section 2 f: an authorised public securities dealer— acting in the ordinary course of business as such brokers transfer Schedule 2 company section 2 of the Companies Act 1955 section 2 company limited by guarantee section 13(2)(b) of the Companies Act 1955 debenture stock flat or office owning company section 121A Minister overseas company section 2 registered securities a: shares, debenture stock, bonds, or notes, issued by a company; or b: shares, debenture stock, bonds, or notes, that are issued by a body corporate (other than a company) and listed on a stock exchange's market c: an interest in a unit trust (as defined in section 2(1) d: a public security (as defined in section 2(1) e: any debentures, stock, bonds, or other securities issued by— i: a local authority within the meaning of the Local Government Act 2002 ii: any body that, immediately before the repeal of the Local Authorities Loans Act 1956 Part 6 of that Act section 2 of that Act f: any other securities that are from time to time declared by the Governor-General, by Order in Council, to be securities for the purposes of this Act— that are transferable and registered securities transfer Schedule 1 share section 2(1) of the Companies Act 1955 stock exchange transaction person authorised to undertake trading activities on a stock exchange's market stock exchange's market registered exchange's securities market section 2(1) unlimited company a: a company registered under the Companies Act 1955 b: a company registered under the Companies Act 1993 as the case may be. 1977 No 20 s 2 1977 No 65 s 160(1) 1987 No 155 s 2 Section 2 authorised transaction substituted 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2 authorised transaction amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 authorised transaction substituted 1 October 1996 section 23 Institute of Chartered Accountants of New Zealand Act 1996 Section 2 authorised transaction amended 7 July 2010 section 10 New Zealand Institute of Chartered Accountants Amendment Act 2010 Section 2 company substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2 flat or office owning company substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2 Minister substituted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2 overseas company substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2 securities amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2 securities substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 stock exchange repealed 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2 stock exchange transaction amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2 stock exchange's market inserted 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2 stock exchange's market amended 24 November 2009 section 23(1) Securities Markets Amendment Act 2009 Section 2 unlimited company substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 3: Transfer of securities by securities transfer Securities (as defined in section 2 a: both parts of the transfer are duly completed: b: the transfer is executed, in New Zealand, by the transferor (whether or not it is also executed by the transferee). 1977 No 20 s 3 4: Transfer of securities by securities transfer and brokers transfer Securities (as defined in section 2 a: a securities transfer that complies with all the following requirements: i: Part 1 of the transfer is duly completed: ii: the transfer is executed, in New Zealand, by the transferor (whether or not it is also executed by the transferee): iii: the transfer specifies securities that include the securities sold;— together with— b: a duly completed brokers transfer that specifies the securities sold. 1977 No 20 s 4 5: Attestation of securities transfer unnecessary 1: The execution of a securities transfer need not be attested. 2: Nothing in subsection (1) affects any enactment, rule of law, memorandum or articles of association, deed, or agreement, regulating the execution of documents by companies or other bodies corporate or by any particular company or body corporate. 1977 No 20 s 5 6: Securities and brokers transfers to be instruments of transfer for the purposes of other Acts, etc 1: For the purposes of any enactment, memorandum or articles of association, deed, or agreement, that relates to the transfer of securities or to instruments (or memoranda) of transfer of securities,— a: a securities transfer to which section 3 b: a securities transfer to which section 4 2: For the purposes of section 89 of the Companies Act 1955 1977 No 20 s 6(1) 7: Transfer of securities by electronic means 1: The Governor-General may from time to time, on the advice of the Minister given in accordance with a recommendation of the Financial Markets Authority section 2 2: A system of transfer may be approved under this section by reference to the name of the system or any name by which it is commonly known. 3: Without limiting subsection (1), a system of transfer may be approved under this section whether or not it also involves the use of a procedure or part of a procedure for the transfer of securities that is authorised under this Act or otherwise. 4: Modifications of a minor technical nature may, from time to time, be made to a system of transfer approved by an Order in Council made under this section and, in any such case, the system incorporating those modifications shall be deemed to have been approved by the order. 5: Securities (as defined in section 2 6: The Financial Markets Authority ( FMA a: the FMA has done everything reasonably possible to consult with the persons and organisations or their representatives that the FMA considers will be substantially affected by any Order in Council made in accordance with the recommendation, and those persons and organisations or their representatives have had the opportunity to comment to the FMA; and b: the FMA has considered those comments. 7: A failure to comply with subsection (6) does not affect the validity of any Order in Council made under this section. 8: An Order in Council made under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 7(1) amended 1 May 2011 section 84(1) Financial Markets Authority Act 2011 Section 7(6) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 7(8) replaced 5 August 2013 section 77(3) Legislation Act 2012 8: Registration may not be refused on ground that securities have been transferred under this Act 1: Where securities have been transferred in accordance with section 3 section 4 section 7 2: Nothing in this section shall affect any right a person has to refuse to register a transfer of securities on any other ground. 1977 No 20 s 7 9: Effect of this Act on other Acts, etc 1: Except as provided in this section, sections 3 to 8 constitution 2: 3: Nothing in this Act shall in any way derogate from section 45G(3) of the Reserve Bank of New Zealand Act 1964 section 84 4: Nothing in this Act affects the validity of any means of transferring securities other than pursuant to this Act. 5: The following enactments shall be read subject to the provisions of this Act: a: sections 35 39(1) 84 b: section 17 c: section 45I of the Reserve Bank of New Zealand Act 1964 section 84 6: Nothing in subsection (5) limits the generality of any other provision of this Act. 1977 No 20 s 8 1977 No 68 s 5(1) Section 9(1) amended 20 September 2007 section 4(1) Securities Transfer Amendment Act 2007 Section 9(2) repealed 20 September 2007 section 4(2) Securities Transfer Amendment Act 2007 Section 9(5) substituted 20 September 2007 section 4(3) Securities Transfer Amendment Act 2007 10: Power to alter forms 1: The Governor-General may from time to time, by Order in Council, alter, add to, or substitute a new form for, either of the forms set out in Schedules 1 2 2: Any reference in this Act to a form of a schedule shall be construed as a reference to that form with any alterations or additions made, or to any form substituted for that form, by any Order in Council for the time being in force under this section. 3: An Order in Council made under this section shall not apply in respect of— a: any securities transfer that has been executed by the transferor; or b: any brokers transfer that has been duly completed— before the Order in Council comes into force; and any such securities transfer or brokers transfer shall have effect as if the Order in Council had not been made. 1977 No 20 s 9 11: Repeals The enactments specified in Schedule 3

DLM228384

1991

Sugar Loaf Islands Marine Protected Area Act 1991

1: Short Title This Act may be cited as the Sugar Loaf Islands Marine Protected Area Act 1991. 2: Interpretation In this Act, unless the context otherwise requires,— Director-General marine life Wildlife Act 1953 mining mining right a: a coal mining right within the meaning of the Coal Mines Act 1979 b: a mining licence or a prospecting licence granted under the Petroleum Act 1937 c: any authority to prospect or mine for ironsands granted by the Minister of Energy pursuant to section 3 of the Iron and Steel Industry Act 1959 section 6 of that Act section 5 of that Act section 3 d: a mining privilege within the meaning of the Mining Act 1971 e: any licence issued under section 5 f: any right to prospect or mine for minerals conferred by any other enactment or by any instrument Minister petroleum mining exclusion area Protected Area 3: Purpose of Act The purpose of this Act is to ensure that the scenery, natural features, and ecosystems of the Protected Area that should be protected and conserved by reason of their distinctive quality, beauty, typicality, or uniqueness are conserved. 4: Principles The Protected Area shall be administered and maintained so as to ensure that, so far as is practicable,— a: the area, and its scenery, natural features, and ecosystems are protected and conserved in their natural state: b: the value the area has in providing natural habitats is maintained: c: members of the public have access to the area for recreational purposes and for the purpose of studying, observing, and recording any marine life in its natural habitat: d: the provisions of any relevant management plan for the time being in force under the Fisheries Act 1983 Conservation Act 1987 5: Prohibition on mining 1: No person shall carry on mining in the Protected Area or be granted a mining right in respect of that area. 2: No person shall carry on mining operations within the meaning of the Petroleum Act 1937 3: Section 5(3) repealed 23 July 1993 Sugar Loaf Islands Marine Protected Area Amendment Act 1993 6: Effect of Act on Fisheries Act 1983 Nothing in this Act shall limit or affect the provisions of the Fisheries Act 1983 6A: Consents relating to New Plymouth Power Station Nothing in this Act shall limit or affect— a: any water right granted before or after the commencement of this Act; or b: any coastal permit granted after the commencement of the Resource Management Act 1991 in respect of the New Plymouth Power Station. Section 6A inserted 23 July 1993 Sugar Loaf Islands Marine Protected Area Amendment Act 1993 7: Protected Area to be conservation area 1: The Protected Area is hereby deemed to be a conservation area under the Conservation Act 1987 2: Moturoa Island, Motumahanga ( Saddleback Island Conservation Act 1987 3: The remainder of the Protected Area (being the parts not referred to in subsection (2)) is hereby deemed to be a conservation park under the Conservation Act 1987 4: No person shall enter any such sanctuary area except pursuant to a permit issued by the Director-General; and the Director-General may issue a permit subject to such conditions as he or she thinks fit. 5: The provisions of the Conservation Act 1987 6: The wildlife refuges declared in respect of Moturoa Island and Motumahanga (Saddleback Island) under section 14 Section 7(2) amended 25 February 2012 section 4 Sugar Loaf Islands Marine Protected Area Amendment Act 2012 8: Protected Area may be marked 1: Subject to subsection (2), the Director-General may cause the boundaries of the Protected Area to be marked by beacons, lights, buoys, or other marks. 2: The Director-General shall not cause the boundaries of the area to be so marked without the approval of the Minister of Transport. 9: Rights of access and navigation 1: For the purposes of this Act, every person shall have free ingress, passage, and egress, into, through, and out of the Protected Area, by land or water, and with vessels or otherwise. 2: No person shall anchor in the Protected Area, except— a: for recreational purposes only; or b: pursuant to an authorisation given in writing by the Director-General; or c: where it is necessitated by stress or emergency. 3: Where a vessel anchors in the Protected Area in circumstances of stress or emergency, any person may take such measures as may be reasonably necessary to avoid the loss of or injury to human life or property. 4: The Director-General may 5: A declaration 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 9(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Offences 1: Every person commits an offence who— a: carries on mining in the Protected Area; or b: carries on mining operations within the meaning of the Petroleum Act 1937 c: anchors in the Protected Area in contravention of section 9 2: Every person who commits an offence against subsection (1) is liable on a: in the case of a natural person, to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $10,000: b: in the case of a body corporate, to a fine not exceeding $80,000. Section 10(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 10A: Control of dogs 1: Nothing in this Act derogates from the provisions of Part 5C section 26ZT(d) 2: Section 26ZT(d) Section 10A inserted 2 May 1996 section 11 Conservation Amendment Act (No 2) 1996 11: Transitional provisions relating to existing petroleum prospecting licence 1: Notwithstanding anything in this Act or any other Act, but subject to subsection (2), petroleum prospecting licence 38437 shall continue in force according to its tenor and the Petroleum Act 1937 section 5 2: Subject to subsection (3), in addition to complying with the provisions of the Petroleum Act 1937 section 11 of the Petroleum Act 1937 3: Nothing in subsection (2) applies to any work that the holder proposes to carry out under petroleum prospecting licence 38437, if the work was approved by the Minister before the commencement of this Act or an application for approval of the work was received by the Minister before that date. 12: Consequential amendment to Conservation Act 1987 Amendment(s) incorporated in the Act(s)

DLM249324

1991

New Zealand Tourism Board Act 1991

1: Short Title and commencement 1: This Act may be cited as the New Zealand Tourism Board Act 1991. 2: This Act shall come into force on 1 November 1991. 2: Act binds the Crown This Act binds the Crown. 1: New Zealand Tourism Board 3: Interpretation In this Act, unless the context otherwise requires,— commencement day Department New Zealand Tourism Department Act 1963 existing employee financial year member section 10 Minister Ministry New Zealand Tourism Board section 4(1) Secretary Section 3 Board repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 3 member substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3 New Zealand Tourism Board inserted 25 January 2005 section 200 Crown Entities Act 2004 4: New Zealand Tourism Board established 1: The New Zealand Tourism Board is hereby established. 2: The New Zealand Tourism Board is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: Members of the New Zealand Tourism Board are the board for the purposes of the Crown Entities Act 2004 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4) 25 January 2005 section 200 Crown Entities Act 2004 5: Board has powers of natural person Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004 6: Object of New Zealand Tourism Board The New Zealand Tourism Board's Section 6 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6 amended 25 January 2005 section 200 Crown Entities Act 2004 7: Functions of New Zealand Tourism Board 1: 2: New Zealand Tourism Board's functions a: to develop, implement, and promote strategies for tourism; and b: to advise the Government and the New Zealand tourism industry on matters relating to the development, implementation, and promotion of those strategies. Section 7 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2) amended 25 January 2005 section 200 Crown Entities Act 2004 8: Annual statements of projected outputs, liabilities, and outcomes Section 8 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 9: Board to comply with Government policies Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 10: Annual report Section 10 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 11: Membership of New Zealand Tourism Board 1: The New Zealand Tourism Board 2: Before appointing any member, the Minister shall consult— a: the body that, on the commencement of this Act, was known as New Zealand Tourist Industry Federation Inc.; and b: other organisations and people that or who, in the Minister's opinion, have a substantial interest in the New Zealand Tourism Board 3: 4: Section 11 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 11(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 11(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 12: Co-opted members Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 13: Disclosure of interest Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004 14: Other provisions applying to New Zealand Tourism Board Schedule 1 New Zealand Tourism Board Section 14 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 14 amended 25 January 2005 section 200 Crown Entities Act 2004 2: Abolition of New Zealand Tourism Department 15: New Zealand Tourism Department abolished The Department is hereby abolished. 16: Employees of Department 1: On the commencement day, every existing employee shall become an employee of the New Zealand Tourism Board 2: Terms and conditions of employment that immediately before the commencement day applied to an existing employee as an employee of the Department— a: subject to paragraph (b), shall on and after the commencement day apply to the employee as an employee of the New Zealand Tourism Board b: may be varied accordingly. 3: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of an existing employee,— a: the employee's contract of employment with the Department shall be deemed to have been unbroken by the employee's having become an employee of the New Zealand Tourism Board b: any period recognised by the Department as continuous service in the employment of the Department shall be deemed to have been a period of continuous service in the employment of the New Zealand Tourism Board 4: No existing employee is entitled to any payment or other benefit by reason only of having ceased to be an employee of the Department. Section 16(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 16(2)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 16(3)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 16(3)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 17: Savings 1: Where, before the commencement day, the Minister of Tourism, the Department, or any officer of the Department (in relation to the conduct of the Department's affairs), has become a party to any proceedings, the proceedings may be continued, completed, and enforced as if the Minister were that party. 2: Where, before the commencement day, the Minister of Tourism, the Department, or any officer of the Department (in relation to the conduct of the Department's affairs), has begun an action under the authority of any enactment formerly administered by the Department, the action may be continued, completed, and enforced as if the Minister had begun it. 3: Every consent, licence, permit, approval, and remission, before the commencement day given or granted by the Minister of Tourism or the General Manager of the Department shall, unless its terms or the circumstances otherwise require, continue in force until amended, transferred, modified, or revoked by the Minister or the Secretary. 18: Consequential amendments 1: In every Act, regulation, and other enactment, and every contract, agreement, deed, instrument, application, licence, notice, and other document, passed, made, enacted, entered into, granted, given, or executed, before the commencement day,— a: every reference to the Minister of Tourism shall be read as a reference to the Minister; and b: every reference to the Department shall be read as a reference to the Ministry; and c: every reference to the General Manager of the Department shall be read as a reference to the Secretary. 2: The enactments specified in Schedule 2 19: Repeals and saving 1: The enactments specified in Schedule 3 2: Notwithstanding the repeal by subsection (1) of this section section 8 of the New Zealand Tourism Department Act 1963 subsection (2) of that section 3: Nothing in subsection (2) limits or affects the generality of section 17

DLM252326

1991

Orakei Act 1991

1: Short Title and commencement 1: This Act may be cited as the Orakei Act 1991. 2: This Act shall come into force on the date on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— beneficiary development land Part 1 former Act Orakei Block (Vesting and Use) Act 1978 hapu hapu land section 4 a: the papakainga; and b: the whenua rangatira hapu reservation Part 2 section 6 papakainga a: the land described in Schedule 1 i: the development land; and ii: the hapu reservation; and b: the land described in Part 2 section 7(3) putea Reserves Board section 20 roads Schedule 2 section 7 Trust Board section 4(1) of the former Act section 9 whenua rangatira Schedule 3 3: Act to bind the Crown This Act binds the Crown. 1: Vesting and status of hapu land 4: Vesting of hapu land in Trust Board The hapu land, being the land described in Schedules 1 3 5: Status of hapu land Subject to section 17 6: Hapu reservation The hapu reservation, being all the land described in Part 2 a: shall be held for the common use and benefit of the beneficiaries, for the purposes of a marae, church, urupa, and related hapu amenities; and b: shall be inalienable whether to the Crown or to any other person. 7: Roads 1: The land described in Part 1 section 315 2: Where any road or access way or any part of a road or access way, being a road or access way or a part of a road or access way vested in the Auckland Council a: vest in the Trust Board for an estate in fee simple; and b: shall, as appropriate, form part of the adjoining papakainga or whenua rangatira. 3: The land described in Part 2 a: stopped as a road; and b: vested in the Trust Board as part of the papakainga. 4: The Trust Board shall transfer to the Auckland section 33 Section 7(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 7(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 8: Whenua rangatira 1: The whenua rangatira, being the land described in Schedule 3 section 439 of the Maori Affairs Act 1953 2: Notwithstanding anything in subsection (1) of this section subsections (5) to (9) and (11) to (17) of section 439 of the Maori Affairs Act 1953 2: Ngati Whatua o Orakei Maori Trust Board 9: Ngati Whatua o Orakei Maori Trust Board 1: The body corporate constituted by section 4 of the former Act, under the name of the Ngati Whatua of Orakei Maori Trust Board, shall continue in being notwithstanding the repeal of the former Act by this Act. 2: As from the commencement of this Act the Trust Board shall be known as the Ngati Whatua o Orakei Maori Trust Board. 3: The Trust Board shall continue to be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 10: Beneficiaries The beneficiaries of the Trust Board are hereby declared to be the living members of the hapu, being the descendants of their common ancestor Tuperiri. 11: Roll of beneficiaries 1: The Trust Board shall maintain a roll containing the names and addresses of its beneficiaries. 2: The Trust Board shall ensure that a copy of the roll of beneficiaries is kept at its office and is made available for inspection by any person. 12: Presumption in relation to roll of beneficiaries It shall be presumed, in the absence of any proof to the contrary, that where the name of any person appears in the roll of beneficiaries, that person is a beneficiary of the Trust Board. 13: Application for inclusion of name in roll of beneficiaries 1: Any person whose name does not appear in the roll of beneficiaries and who claims to be a beneficiary of the Trust Board, may apply in writing to the Trust Board for the inclusion of his or her name in the roll of beneficiaries. 2: Every application made under subsection (1) 3: On the receipt of any application made under subsection (1), the Trust Board shall either— a: grant the application, include the applicant's name in the roll of beneficiaries, and inform the applicant accordingly in writing; or b: reject the application, and inform the applicant accordingly in writing, stating the reasons for the rejection. 4: Where any application made under subsection (1) 5: Where the applicant applies to the Maori Land Court under subsection (4) 6: There shall be no right of appeal against the Maori Land Court's decision in respect of any application made under subsection (4) section 452 of the Maori Affairs Act 1953 7: Where any person who claims to be a beneficiary is a minor, an application may be made on that person's behalf under subsection (1) or subsection (4) 14: Duties and powers of Trust Board 1: The principal duties of the Trust Board shall be— a: to hold, conserve, administer, and develop the hapu land as a perpetual estate and turangawaewae for the beneficiaries: b: to hold, conserve, administer, and develop the putea for the beneficiaries: c: to provide services and amenities in relation to the hapu land and the putea. 2: Subject to the provisions of this Act and of any other enactment, the Trust Board shall have and may exercise all such powers and authorities as may be necessary to enable it to perform its duties under subsection (1) 15: Restrictions in relation to land Subject to sections 16 17 16: Power to grant easements 1: The Trust Board may grant, for valuable consideration or otherwise, easements, in gross or otherwise, over any part of the hapu land. 2: The Trust Board may grant, for valuable consideration or otherwise, easements, in gross or otherwise, over any part of the putea to any local authority within whose jurisdiction that part of the putea is situated. 17: Power to grant leases of development land The Trust Board may at any one time lease not more than one-fifth of the total area of the development land on such terms as it thinks fit, as if that land were general land within the meaning of the Maori Affairs Act 1953 18: Naming of whenua rangatira 1: The Trust Board shall accord the whenua rangatira such name or names as it considers appropriate, and shall notify the Minister of Maori Affairs of its decision. 2: The Minister of Maori Affairs shall, by notice in the Gazette 19: Power of Trust Board to negotiate outstanding claims 1: Subject to subsection (2), in addition to the functions and powers conferred on the Trust Board by the Maori Trust Boards Act 1955 2: This Act shall constitute a full and final settlement of any claim which the hapu may have against the Crown in relation to the Orakei Block. 3: Ngati Whatua o Orakei Reserves Board 20: Ngati Whatua o Orakei Reserves Board established There is hereby established a board to be known as the Ngati Whatua o Orakei Reserves Board. 21: Duties and powers of Reserves Board 1: The Reserves Board is hereby appointed as the administering body to control and manage the whenua rangatira, deemed by section 8 section 439 of the Maori Affairs Act 1953 2: Subject to the provisions of this Act, the Reserves Board shall control and manage the whenua rangatira for the purposes of the classification of the whenua rangatira as a recreation reserve under the Reserves Act 1977 3: In relation to the whenua rangatira, the Reserves Board shall have, to the extent that they do not conflict with the provisions of this Act,— a: the powers conferred by the Reserves Act 1977 b: the powers that, by regulations made from time to time under section 439(10) of the Maori Affairs Act 1953 4: The Reserves Board shall have such additional and incidental powers as may from time to time be conferred on it by regulations made under this Act or by any other enactment. 22: Management plan The Reserves Board shall prepare and maintain a management plan, in accordance with section 41 23: Power to grant leases and licences Subject to the management plan prepared in accordance with section 22 24: Costs of management of reserves Except as provided by section 29 Section 24 amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 25: Membership of Reserves Board 1: The Reserves Board shall comprise 6 members or such greater even number of persons as may be fixed by agreement in writing between the Auckland 2: One half of the number of members of the Reserves Board shall be appointed in writing by the Trust Board and one half of such number shall be appointed in writing by the Auckland 3: Subject to section 26 Section 25(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 25(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 26: Extraordinary vacancies 1: The body by which any member of the Reserves Board is appointed may at any time in its discretion, by notice in writing to that member, remove that member from office. 2: Any member of the Reserves Board may at any time resign his or her office by writing addressed to the body by which the member was appointed. 3: If any member of the Reserves Board dies, or resigns, or is removed from office, his or her office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy. 4: An extraordinary vacancy shall be filled in the manner in which the appointment to the vacant office was originally made. 5: Every person appointed to fill an extraordinary vacancy in the office of a member of the Reserves Board shall be appointed for the residue of the term for which the vacating member was appointed. 6: The powers of the Reserves Board shall not be affected by any vacancy in its membership. 27: Appointment of presiding member and deputy presiding member 1: Not less than 1 month before the first meeting of the Reserves Board,— a: the Trust Board shall, in writing, appoint one member of the Reserves Board to be the initial presiding member; and b: the Auckland City Council shall, in writing, appoint one other member of the Reserves Board to be the initial deputy presiding member. 2: The presiding member and the deputy presiding member of the Reserves Board shall thereafter be appointed by the Trust Board and the Auckland 3: Appointments under subsection (2) Section 27(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 28: Meetings of Reserves Board 1: The first meeting of the Reserves Board shall be held in the City of Auckland within 6 months from the date of commencement of this Act, at a time and place to be appointed by the Auckland City Council. 2: Subject to subsections (1) and (3) 3: The Reserves Board shall hold meetings at successive intervals of not more than 6 months. 4: At all meetings of the Reserves Board a quorum shall consist of one half of the number of members, but no meeting of the Reserves Board shall be held or continue unless— a: the presiding member or the deputy presiding member is present; and b: at least 1 member appointed by the Trust Board and 1 member appointed by the Auckland 5: The presiding member shall chair all meetings of the Reserves Board at which he or she is present. 6: In the absence of the presiding member from any meeting of the Reserves Board, the deputy presiding member shall chair the meeting. 7: All resolutions to be considered by the Reserves Board shall be proposed by one member of the Reserves Board and shall be seconded by another member of the Reserves Board; and any such resolution shall be passed or rejected according to the voting of the members thereof present at the meeting of the Reserves Board, which voting shall be by a show of hands. 8: At any meeting of the Reserves Board the person presiding over the meeting shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 9: The proceedings and resolutions of every meeting of the Reserves Board shall be recorded in a minute book to be kept for the purpose. 10: Subject to the provisions of this Act and of any regulations made under this Act, the Reserves Board shall regulate its own procedure. Section 28(4)(b) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 29: Remuneration and expenses of members of Reserves Board 1: There shall, in accordance with the Fees and Travelling Allowances Act 1951 a: remuneration by way of fees, salary, or allowances, for the member's services as a member of the Reserves Board; and b: travelling allowances and expenses in respect of time spent travelling in the service of the Reserves Board. 2: Amendment(s) incorporated in the Act(s) 30: Accounting and auditing of Reserves Board 1: Not later than 4 months before the end of each financial year of the Auckland 2: The Reserves Board shall cause full and accurate accounts to be kept of all money received and paid by it. 3: At the close of each financial year the Reserves Board shall cause its accounts to be audited by a chartered accountant. 4: The Reserves Board shall cause a copy of any accounts audited under subsection (3) to be delivered to the Trust Board and the Auckland Section 30(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 30(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 31: Charitable nature of purposes of Reserves Board The purposes for which the Reserves Board is established shall be deemed to be of a charitable nature. 4: Miscellaneous provisions 32: Zoning 1: In addition to any purposes for which it might lawfully be developed and used before the commencement of this Act, the development land may be developed and used for housing purposes. 2: Subject to subsection (1), until such time as it is lawfully changed, the zoning of the hapu land shall, for the purposes of the Resource Management Act 1991 33: Subdivision of development land for housing purposes Without limiting anything in sections 14 to 17 Resource Management Act 1991 34: Exemption from payment of rates and other charges The whenua rangatira, the hapu reservation, and, to the extent that it remains undeveloped, the balance of the development land shall— a: not be rateable under the Local Government (Rating) Act 2002 b: be exempt from all other taxes and charges from time to time imposed by the Auckland Council Section 34(a) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 34(b) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 35: No reserves contribution to be required on subdivision Notwithstanding anything in the Resource Management Act 1991 1978 No 47 s 18 36: Exemption from payment of land tax Notwithstanding anything in the Land Tax Act 1976 37: Registrars to give effect to provisions of this Act 1: Notwithstanding anything in any other enactment, the District Land Registrar and the Registrar of the Maori Land Court shall, without fee, make all such entries in any register or other record kept by him or her, and shall do all such other things, as may be necessary to give full effect to the provisions of this Act. 2: In the performance of any duty under subsection (1) 1978 No 47 s 20 38: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: to enable the Reserves Board to grant leases or licences over the whenua rangatira pursuant to section 23 b: prescribing any act or thing necessary to render more effectual the administration of the Trust Board, or its management of the hapu land and the putea for the benefit of the beneficiaries: c: prescribing any act or thing necessary to render more effectual the administration of the Reserves Board, or its management of the whenua rangatira: d: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act or for its due administration. 39: Amendment to Maori Trust Boards Act 1955 Amendment(s) incorporated in the Act(s) 40: Amendment to Maori Trust Boards Regulations 1985 Amendment(s) incorporated in the regulations 41: Transitional provision in relation to membership of Trust Board Each member of the Trust Board in office at the commencement of this Act shall continue in office for the residue of the term for which he or she was appointed. 42: Repeal The Orakei Block (Vesting and Use) Act 1978

DLM229831

1991

Goods and Services Tax Amendment Act (No 3) 1991

1: Short Title This Act may be cited as the Goods and Services Tax Amendment Act (No 3) 1991, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 2: Meaning of term supply 1: This subsection inserted subsections 5(6D) 5(6E) 2: Subsection (1) 3: Nothing in this section shall apply to any payment made on behalf of the Crown or by any public authority to any person to the extent that any objection has, before the 19th day of December 1990, been lodged in respect of that particular payment pursuant to Part 5 3: Zero-rating 1: 2: 3: Section 2(2) Goods and Services Tax Amendment Act (No 2) 1991 4: This subsection amended section 2(5)(b) (c) Goods and Services Tax Amendment Act (No 2) 1991 5: This section shall apply to supplies made on or after the 1st day of October 1986.

DLM242535

1991

Crown Minerals Act 1991

1: 1: This Act may be cited as the Crown Minerals Act 1991. 2: This Act shall come into force on 1 October 1991. Section 1 heading amended 24 May 2013 section 5 Crown Minerals Amendment Act 2013 1A: Purpose 1: The purpose of this Act is to promote prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand. 2: To this end, this Act provides for— a: the efficient allocation of rights to prospect for, explore for, and mine Crown owned minerals; and b: the effective management and regulation of the exercise of those rights; and c: the carrying out, in accordance with good industry practice, of activities in respect of those rights; and d: a fair financial return to the Crown for its minerals. Section 1A inserted 24 May 2013 section 6 Crown Minerals Amendment Act 2013 1B: Provisions affecting application of Act Schedule 1 see section 106 Section 1B inserted 24 May 2013 section 6 Crown Minerals Amendment Act 2013 1: Preliminary provisions Part 1 heading replaced 24 May 2013 section 7 Crown Minerals Amendment Act 2013 Interpretation and application Heading repealed 24 May 2013 section 8 Crown Minerals Amendment Act 2013 2: Interpretation 1: In this Act, unless the context otherwise requires,— access arrangement arrangement a: entered into by way of arrangement or determined by an arbiter in accordance with this Act; and b: between a person desiring to carry out mineral-related activities and either— i: the owner (and occupier, if any) of the land; or ii: in the case of land in the common marine and coastal area that is not a customary marine title area, the appropriate Minister appropriate Minister section 2A bed a: in relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and b: in relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin; and c: in relation to the sea, the submarine areas covered by the internal waters and the territorial sea change chief executive coal and peat coastal marine area section 2(1) common marine and coastal area section 9(1) consent authority section 2(1) continental shelf section 2(1) contravene controlling authority a: in the case of land within 20 metres of a road, the authority having control of the road: b: in the case of land within 100 metres of a public bridge, the authority having control of the public bridge: c: in the case of land within 60 metres of a private bridge, the person owning or having control of the private bridge: d: in the case of land within 100 metres of a railway, the person responsible for the administration of that railway: e: in the case of land within 60 metres of any river control or flood protection work, the authority having control of the river control or flood protection work crop Crown land a: land alienated by way of lease or licence under section 66 section 68 section 69 b: Crown land within the meaning of paragraphs (a) to (f) of the definition of the term Crown land in section 2 Crown owned mineral current currency customary marine title agreement section 9(1) customary marine title group section 9(1) customary marine title order section 9(1) decommissioning section 89E discovery draft minerals programme section 15 dwellinghouse enforcement officer a: other than for the purposes of sections 101A to 101C section 99A b: for the purposes of sections 101A to 101C section 101C(6) enter entry existing privilege a: any mining privilege granted under Part 4 of the Mining Act 1971: b: any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971: c: any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979: d: any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act: e: any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act exploration to explore exploration permit Act foreshore fuel minerals gold gold fossicking area designated under section 98 98A good industry practice health and safety regulator section 16 in industrial rocks and building stones perlite initial permit internal waters section 4 land local authority section 5(1) Maori land Te Ture Whenua Maori Act 1993 metallic minerals mineral Atomic Energy Act 1945 minerals programme section 19 minimum impact activity a: geological, geochemical, and geophysical surveying: b: taking samples by hand or hand held methods: ba: taking small samples offshore by low-impact mechanical methods: c: aerial surveying: d: land surveying: e: any activity prescribed as a minimum impact activity: f: any lawful act incidental to any activity to which paragraphs (a) to (e) relate— to the extent that it does not involve any activity that results in impacts of greater than minimum scale and in no circumstances shall include activities involving— g: the cutting, destroying, removing, or injury of any vegetation on greater than a minimum scale; or h: the use of explosives; or i: damage to improvements, stock, or chattels on any land; or j: any breach of the provisions of this or any other Act, including provisions in relation to protected native plants, water, noise, and historic sites; or k: the use of more persons for any particular activity than is reasonably necessary; or l: any impacts prescribed as prohibited impacts; or m: entry on land prescribed as prohibited land mining a: means to take, win, or extract, by whatever means,— i: a mineral existing in its natural state in land; or ii: a chemical substance from a mineral existing in its natural state in land; and b: includes— i: the injection of petroleum into an underground gas storage facility; and ii: the extraction of petroleum from an underground gas storage facility; but c: does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a) mining operations a: means operations in connection with mining, exploring, or prospecting for any Crown owned mineral; and b: includes, when carried out at or near the site where the mining, exploration, or prospecting is undertaken,— i: the extraction, transport, treatment, processing, and separation of any mineral or chemical substance from the mineral; and ii: the construction, maintenance, and operation of any works, structures, and other land improvements, and of any related machinery and equipment connected with the operations; and iii: the removal of overburden by mechanical or other means, and the stacking, deposit, storage, and treatment of any substance considered to contain any mineral; and iv: the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on the operations; and v: the doing of all lawful acts incidental or conducive to the operations; and c: includes any activities relating to the injection into and extraction of petroleum from an underground gas storage facility mining permit Act Minister non-exclusive permit non-metallic minerals occupier a: a holder of an exploration permit or mining permit who has a right of access in respect of the land for the purpose of carrying out an activity under the permit b: a person in actual occupation of the land by virtue of being the holder of an existing privilege (other than an c: a controlling authority in respect of the land offshore onshore Taranaki region clause 4 of the Local Government (Taranaki Region) Reorganisation Order 1989 owner a: in relation to Crown land, the appropriate Minister within the meaning of subsection (2); and b: in relation to land other than Crown land, the person or persons who hold the fee simple title to the land ; and includes, except for the purposes of sections 8 49 to 52 participating interest a: in relation to a permit, means an undivided share of the permit that is expressed as a percentage recorded on the permit: b: in relation to a licence granted under Part 1 permit , except in subparts 2 permit holder permit operator section 27 permit participant permit year person petroleum a: any naturally occurring hydrocarbon (other than coal) whether in a gaseous, liquid, or solid state; or b: any naturally occurring mixture of hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state; or c: any naturally occurring mixture of 1 or more hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely hydrogen sulphide, nitrogen, helium, or carbon dioxide— and, except in sections 10 11 petroleum infrastructure section 89F petroleum mining permit prescribed prescribed form private bridge prospecting a: means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and b: includes the following activities: i: geological, geochemical, and geophysical surveying: ii: aerial surveying: iii: taking samples by hand or hand held methods: iv: taking small samples offshore by low-impact mechanical methods prospecting permit Act public bridge Public Works Act 1981 public notice railway New Zealand Railways Corporation Act 1981 section 2 regulations regulatory agency a: the Environmental Protection Authority established by section 7 b: a consent authority: c: Maritime New Zealand and the Director of Maritime New Zealand: d: WorkSafe New Zealand: e: the Department of Conservation relevant minerals programme a: in relation to a permit that had effect immediately before the commencement of section 13 section 18 clause 3 b: in relation to a permit granted on or after the commencement of section 13 Part 1A right of access road a: a road within the meaning of section 121 section 315 b: a motorway within the meaning of section 2 c: a limited access road within the meaning of section 153 section 346 d: a regional road within the meaning of section 362 e: a limited access regional road within the meaning of section 371 f: a regional motorway within the meaning of section 374 royalties section 33(1)(c) a: section 34(b) b: regulations made under section 105A sand serve section 352 section 353 ship section 2(1) silver special purpose mining activity specified Act a: Health and Safety at Work Act 2015 b: Maritime Transport Act 1994 c: Resource Management Act 1991 d: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 speculative prospector section 90C(7) submission subsequent permit section 32 territorial sea section 3 , Contiguous Zone, Tier 1 permit section 2B(1) Tier 2 permit section 2B(2) Treaty of Waitangi (Te Tiriti o Waitangi) section 2 underground gas storage facility uranium work programme working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 20 December in any year and ending with 15 January in the following year. 2: 3: 4: In this Act, unless the context otherwise requires,— a: a reference to a Part, section, or Schedule, is a reference to a Part, section, or Schedule of this Act; and b: a reference in a section to a subsection is a reference to a subsection of that section; and c: a reference in a subsection to a paragraph is a reference to a paragraph of that subsection; and d: a reference in a section to a paragraph is a reference to a paragraph of that section. Section 2(1) access arrangement arrangement substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) appropriate Minister inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) chief executive inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) coal amended 24 May 2013 section 9(2) Crown Minerals Amendment Act 2013 Section 2(1) coastal marine area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) consent authority inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) continental shelf inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) customary marine title agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) draft minerals programme amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 2(1) decommissioning inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) enforcement officer replaced 24 May 2013 section 9(3) Crown Minerals Amendment Act 2013 Section 2(1) existing privilege inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) exploration permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) gold fossicking area amended 24 May 2013 section 9(4) Crown Minerals Amendment Act 2013 Section 2(1) good industry practice inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) health and safety regulator replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) industrial rocks and building stones amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) internal waters inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) local authority inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Maori land amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) metallic minerals amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) minerals programme amended 24 May 2013 section 9(5) Crown Minerals Amendment Act 2013 Section 2(1) minimum impact activity inserted 24 May 2013 section 9(6) Crown Minerals Amendment Act 2013 Section 2(1) mining replaced 24 May 2013 section 9(7) Crown Minerals Amendment Act 2013 Section 2(1) mining operations replaced 24 May 2013 section 9(8) Crown Minerals Amendment Act 2013 Section 2(1) mining permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) Minister replaced 24 May 2013 section 9(9) Crown Minerals Amendment Act 2013 Section 2(1) occupier amended 21 August 2003 section 3 Crown Minerals Amendment Act 2003 Section 2(1) occupier amended 24 May 2013 section 9(10) Crown Minerals Amendment Act 2013 Section 2(1) offshore inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) onshore Taranaki region inserted 13 November 2018 section 4 Crown Minerals (Petroleum) Amendment Act 2018 Section 2(1) owner amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) participating interest replaced 2 December 2021 section 4(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) permit amended 2 December 2021 section 4(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) permit holder replaced 24 May 2013 section 9(11) Crown Minerals Amendment Act 2013 Section 2(1) permit operator inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) permit participant inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) permit year inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) petroleum amended 24 May 2013 section 9(12) Crown Minerals Amendment Act 2013 Section 2(1) petroleum infrastructure inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) prospecting replaced 24 May 2013 section 9(13) Crown Minerals Amendment Act 2013 Section 2(1) prospecting permit amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 2(1) public foreshore and seabed repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) regulatory agency inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) regulatory agency replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 2(1) relevant minerals programme replaced 24 May 2013 section 9(14) Crown Minerals Amendment Act 2013 Section 2(1) royalties inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Secretary repealed 24 May 2013 section 9(15) Crown Minerals Amendment Act 2013 Section 2(1) ship inserted 2 December 2021 section 4(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) special purpose mining activity inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) specified Act inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) specified Act amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) speculative prospector inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) Tier 1 permit inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) Tier 2 permit inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) underground gas storage facility inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) work programme inserted 24 May 2013 section 9(1) Crown Minerals Amendment Act 2013 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) WorkSafe repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(2) repealed 24 May 2013 section 9(16) Crown Minerals Amendment Act 2013 Section 2(3) repealed 24 May 2013 section 9(16) Crown Minerals Amendment Act 2013 2A: Meaning of appropriate Minister 1: In this Act, appropriate Minister a: the Minister charged with the administration of the land; or b: if the land is part of the common marine and coastal area, the Minister described in paragraph (a) and the Minister of Conservation (if he or she is not the Minister described in that paragraph); or c: if neither of paragraphs (a) and (b) applies, the Minister of Lands. 2: However, if after subsection (1) is applied there is uncertainty as to who is the appropriate Minister, the appropriate Minister is the Minister designated by the Governor-General by Order in Council. Section 2A inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 2B: Meaning of Tier 1 permit and Tier 2 permit 1: In this Act, Tier 1 permit a: a prospecting, exploration, or mining permit that relates to petroleum: b: c: an exploration permit that relates to a mineral listed in the first column of Schedule 5 d: a mining permit that relates to a mineral listed in the first column of Schedule 5 e: an exploration or mining permit Schedule 5 i: relates to an underground operation or an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark; and ii: is not for a special purpose mining activity. 2: In this Act, Tier 2 permit 3: For the purposes of the Minister making an estimate for the purposes of subsection (1)(c) or (d), the life of a permit includes any extensions of duration to the permit granted under this Act. Section 2B inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 Section 2B(1)(b) repealed 2 December 2021 section 5(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2B(1)(e) amended 2 December 2021 section 5(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 2C: Determination of permit tier status 1: This section applies to each exploration permit and mining permit whose Tier 1 (or, by default, Tier 2) status must be determined in accordance with section 2B(1)(c) or (d) 2: The Minister must determine the tier status of a permit— a: on first granting the permit, section 36(1) b: if the permit exists on the commencement of this section, as soon as practicable after the commencement of this section, section 36(1) 3: The Minister may determine the tier status of a permit at any other time as he or she thinks fit. 4: Section 2C inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 Section 2C(2)(a) amended 2 December 2021 section 6(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2C(2)(b) amended 2 December 2021 section 6(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2C(4) repealed 2 December 2021 section 6(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 2D: Consequences of change in status of permit 1: This section applies if, as a result of a determination made by the Minister under section 2C 2: The chief executive must notify the permit holder of the change in tier. 3: The change in tier takes effect for the purposes of this Act on and from the start of the permit year following the date of the notification under subsection (2). Section 2D inserted 24 May 2013 section 10 Crown Minerals Amendment Act 2013 3: Act to bind Crown This Act shall bind the Crown. 4: Treaty of Waitangi All persons exercising functions and powers under this Act shall have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) Functions, powers, and duties of Minister and chief executive Heading amended 24 May 2013 section 11 Crown Minerals Amendment Act 2013 5: Functions of Minister The Minister has the following functions under this Act: a: to attract permit applications, including by way of public tender: b: to grant permits, grant changes to permits, and revoke permits: c: to prepare minerals programmes: ca: to make decisions on decommissioning petroleum infrastructure and wells, requirements for financial securities, payments for post-decommissioning work, and related matters: d: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E e: to collect and disclose information in connection with mineral resources and mineral production in order to— i: promote informed investment decisions about mineral exploration and production; and ii: improve the working of related markets: f: any other functions conferred on him or her by or under this Act. Section 5 replaced 24 May 2013 section 12 Crown Minerals Amendment Act 2013 Section 5(ca) inserted 2 December 2021 section 7 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 6: Delegation of functions by Minister 1: The Minister may, either generally or particularly, delegate to the chief executive, in accordance with clause 5 a: the making of decisions on submissions on a draft minerals programme under section 18 section 19 b: this power of delegation. 2: The chief executive may, in accordance with clauses 2 3 3: Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 6 Section 6 heading amended 24 May 2013 section 13(1) Crown Minerals Amendment Act 2013 Section 6(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(1)(a) replaced 24 May 2013 section 13(2) Crown Minerals Amendment Act 2013 Section 6(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(3) amended 7 August 2020 section 135 Public Service Act 2020 7: Functions of chief executive The chief executive has the following functions under this Act: a: to require, and monitor, compliance with permits, this Act, and the regulations: b: to investigate conduct that constitutes or may constitute a contravention of a permit, this Act, or the regulations: c: to keep a register of permits and permit holders: d: to advise the Minister on any matter relating to this Act: e: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E f: any other functions conferred on him or her by or under this Act. Section 7 replaced 24 May 2013 section 14 Crown Minerals Amendment Act 2013 Duties and restrictions 8: Restrictions on prospecting or exploring for, or mining, Crown owned minerals 1: No person may prospect or explore for, or mine, Crown owned minerals in land unless the person— a: is the holder of a permit granted under this Act which authorises the holder to do so, or is authorised to do so by the holder of such a permit in accordance with the permit, or is otherwise authorised to do so under this Act; and b: complies with sections 49 50 51 53 , 54 54A 2: Subsection (1)(a) does not apply to the taking by any person of— a: any Crown owned mineral that— i: exists in a natural state in land of which the person is an owner or occupier; and ii: is in land which is not the subject of a permit in respect of such mineral— for use for any reasonable agricultural, pastoral, domestic, roadmaking, or building purpose on land of which the person is an owner or occupier; or b: any sand, shingle, or other natural material in the bed of a river or a lake or in the coastal marine area unless otherwise specified in a minerals programme. 2A: Subsection (1) does not apply to the taking by any person of any Crown owned mineral in a legal road, whether formed, unformed, or stopped, if— a: the mineral is— i: coal; or ii: a mineral (other than coal) for which a Tier 2 permit would, but for this provision, be required; and b: the road is within an area of land that otherwise contains privately owned minerals. 3: Subsection (1) does not prohibit prospecting or exploring for, or mining, gold in a gold fossicking area by means of hand held non-motorised machinery in accordance with section 98 98A 4: This section applies subject to section 86 Section 8(1)(b) amended 19 February 2019 section 4 Crown Minerals Amendment Act 2019 Section 8(2A) inserted 24 May 2013 section 15(1) Crown Minerals Amendment Act 2013 Section 8(3) amended 24 May 2013 section 15(2) Crown Minerals Amendment Act 2013 Section 8(4) added 25 March 2005 section 87 Ngāti Awa Claims Settlement Act 2005 9: Other legal requirements not affected Compliance with this Act or the regulations legislation and other Section 9 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9 amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Minerals owned by the Crown 10: Petroleum, gold, silver, and uranium Notwithstanding anything to the contrary in any Act or in any Crown grant, record of title Section 10 amended 12 November 2018 section 250 Land Transfer Act 2017 11: Minerals reserved to Crown 1: Every alienation of land from the Crown made on or after the commencement of this Act (whether by way of sale, lease, or otherwise) shall be deemed to be made subject to a reservation in favour of the Crown of every mineral existing in its natural condition in the land. 1A: Nothing in subsection (1) applies to pounamu to which section 3 2: For the avoidance of doubt, every mineral reserved in favour of the Crown by any enactment shall continue to be reserved in favour of the Crown, notwithstanding the repeal of that enactment. Section 11(1A) inserted 29 October 1997 section 2 Crown Minerals Amendment Act 1997 Minerals programmes Heading repealed 24 May 2013 section 16 Crown Minerals Amendment Act 2013 12: Purpose of minerals programme Section 12 repealed 24 May 2013 section 16 Crown Minerals Amendment Act 2013 1A: Minerals programmes Part 1A heading inserted 24 May 2013 section 17 Crown Minerals Amendment Act 2013 13: Application of minerals programmes The most recent version of a minerals programme issued or changed by the Governor-General under section 19 Section 13 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 14: Contents of minerals programmes 1: A minerals programme— a: must specify the mineral or minerals to which it applies; and b: must set out or describe how the Minister and the chief executive will have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (as required by section 4 2: A minerals programme— a: may set out or describe how the Minister or the chief executive will exercise any specified powers or discretions conferred on him or her by or under this Act in relation to the mineral or minerals that are subject to the programme; and b: may include any other information that the Minister considers is likely to be of assistance to any person wishing to use or understand the Act and the regulations, including— i: general guidance on the scheme of the Act and the regulations; and ii: how the Minister or the chief executive will interpret and apply specified provisions of the Act or the regulations (other than those referred to in paragraph (a)) in relation to any Crown owned mineral or minerals subject to the programme; and c: on the request of an iwi or hapū, may provide that defined areas of land of particular importance to the iwi's or hapū's mana are excluded from the operation of the minerals programme or are not to be included in any permit. 3: There must not be more than 1 minerals programme for any mineral, but a minerals programme may provide that different practices, procedures, and provisions in the programme apply— a: to different areas within New Zealand; or b: to a mineral that occurs in different states, places, phases, or strata; or c: to a mineral that is to be explored for or mined by substantially different methods. 4: A minerals programme must not be inconsistent with this Act or the regulations. 5: However, if there is any inconsistency between a minerals programme (or a relevant minerals programme that has effect during a transitional period) and this Act or any of the regulations, this Act or the regulation prevails. Section 14 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 15: Minister must prepare draft minerals programmes in certain situations The Minister must, as soon as practicable, prepare a draft minerals programme for a Crown owned mineral, or group of Crown owned minerals, if— a: there is no minerals programme for that mineral or group of minerals; and b: in the opinion of the Minister, that mineral or group of minerals is likely to be the subject of a permit application under this Act. Section 15 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 16: Changes to minerals programmes 1: The Minister may propose any change to a minerals programme. 2: In sections 17 18 3: Nothing in section 17 18 4: Subsection (5) applies if the Minister decides not to proceed with a proposed change to a minerals programme and no recommendation is made to the Governor-General under section 19(1) 5: The Minister must— a: publicly notify his or her decision; and b: notify every person who made a submission on the proposed change under section 18 Section 16 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 17: Public notice 1: The Minister must ensure that— a: public notice is given of a draft minerals programme; and b: notice is given of a draft minerals programme to all iwi; and c: the draft minerals programme is available on an Internet site maintained by or on behalf of the chief executive. 2: Every notice under subsection (1)(a) must— a: give reasonable notice of the contents of the draft minerals programme; and b: specify the Internet site referred to in subsection (1)(c) where the draft minerals programme may be inspected; and c: indicate that submissions may be made on the draft minerals programme, how submissions may be made, and by what date. Section 17 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 18: Submissions 1: Any person may make a submission on a draft minerals programme. 2: A submission under subsection (1) must be received by the chief executive not later than 40 working days after the date of public notification under section 17 3: If any submission is made under this section, the chief executive must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions. 4: The Minister must consider the report and recommendations made under subsection (3) and may make such changes to the draft minerals programme as the Minister thinks fit. 5: Despite the provisions of the Official Information Act 1982 a: such refusal is necessary to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; and b: in the circumstances of the particular case, the importance of avoiding such offence or disclosure outweighs the public interest in making that information available. Section 18 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 19: Issue of minerals programmes 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, issue a minerals programme or a change to a minerals programme. 2: Before recommending the making of an order, the Minister must satisfy those requirements of sections 15 to 18 3: An order under this section— a: is secondary legislation ( see Part 3 b: despite section 67(d)(i) 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: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • publish it on a website maintained by, or on behalf of, the chief executive • make it available for inspection • comply with section 20 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 19(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 20: Notification of minerals programmes The Minister must notify every person who made a submission on the draft programme under section 18 that the minerals programme has been issued and where it is available. a: b: c: d: Section 20 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 20 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 20(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 21: Minister may defer consideration of application for permit 1: Subsection (2) applies if the Minister has publicly notified a proposed change to a minerals programme and— a: the chief executive has received an application for a permit for a mineral to which the programme applies after the proposed change has been notified; and b: if the proposed change were in force, it would be likely that the Minister's decisions in respect of the application would be different than if the decisions were made without the proposed change. 2: The Minister may defer his or her consideration of the application until— a: the date on which the proposed change takes effect ( in accordance with the Legislation Act 2019 b: if the Minister decides not to proceed with the change, the date on which the Minister publicly notifies his or her decision under section 16(5) Section 21 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 Section 21(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 22: Minister and chief executive must act in accordance with minerals programmes 1: The Minister and the chief executive must act in accordance with a minerals programme. 2: However, if there is any inconsistency between the actions required of them under a minerals programme (or a relevant minerals programme that has effect during a transitional period) and the actions required of them under this Act or any of the regulations, they must act in accordance with the Act or the regulation. Section 22 replaced 24 May 2013 section 18 Crown Minerals Amendment Act 2013 1B: Permits, access to land, and other matters Part 1B heading inserted 24 May 2013 section 19 Crown Minerals Amendment Act 2013 1: Permits, access to land, and title notations Subpart 1 heading inserted 2 December 2021 section 15 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 23: Purpose of permits 1: The purpose of a prospecting permit is to authorise the permit holder to prospect for minerals as specified in the permit. 2: The purpose of an exploration permit is to authorise the permit holder to explore for minerals as specified in the permit. 3: The purpose of a mining permit is to authorise the permit holder to mine for minerals as specified in the permit. Section 23 replaced 24 May 2013 section 19 Crown Minerals Amendment Act 2013 23A: Application for permits 1: Any person or persons may apply to the chief executive for a permit in respect of a mineral in land, whether or not there is a minerals programme for the mineral. 2: However,— a: a person may not apply under this section for an exploration permit for petroleum (but see section 24(1) and (5A) b: a person may apply under this section for a prospecting permit for petroleum, or a mining permit for petroleum, in respect of any land in the onshore Taranaki region only: c: the chief executive must not accept an application for a permit for petroleum in respect of any land outside the onshore Taranaki region: d: this subsection applies despite anything to the contrary in this Act (including sections 1A 25(1)(b)(i) 32 Section 23A inserted 24 May 2013 section 19 Crown Minerals Amendment Act 2013 Section 23A(2) inserted 13 November 2018 section 5 Crown Minerals (Petroleum) Amendment Act 2018 24: Allocation by public tender 1: Unless a 2: Every notice for the purposes of subsection (1) shall specify— a: the type of permit offered; and b: the land and minerals to which the permit relates; and c: the manner in which tenders must be submitted, and the time by which tenders must be received by the Minister, in order for such tenders to be valid; and ca: that each tender must include an application that complies with section 29A(1) section 29B cb: that, if the tender is to be considered in accordance with section 29B d: the conditions to which any permit granted pursuant to the tender will be subject. 3: The Minister shall not accept any tender which does not comply in a material way with the requirements of the notice. 4: The Minister may amend or revoke a notice before the time by which tenders must be received expires. 4A: To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A section 29B 5: The Minister may decline to grant any permit pursuant to a tender. 5A: The following provisions apply to offers of permits for petroleum under subsection (1): a: an offer may be made in respect of any land in the onshore Taranaki region only: b: the Minister must not accept a tender for a permit for petroleum in respect of any land outside the onshore Taranaki region: c: a person may submit a tender for a permit for petroleum only in accordance with an offer (if any) made in accordance with this section: d: this subsection applies despite anything to the contrary in this Act (including section 1A). 6: A permit granted pursuant to a tender shall be subject to the relevant conditions specified in the notice, unless otherwise agreed with the applicant. Section 24(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 24(2)(ca) inserted 24 May 2013 section 20A(1) Crown Minerals Amendment Act 2013 Section 24(2)(cb) inserted 24 May 2013 section 20A(1) Crown Minerals Amendment Act 2013 Section 24(4A) inserted 24 May 2013 section 20A(2) Crown Minerals Amendment Act 2013 Section 24(5A) inserted 13 November 2018 section 6 Crown Minerals (Petroleum) Amendment Act 2018 25: Grant of permit 1: The Minister may grant a prospecting permit, an exploration permit, or a mining permit under this Act in respect of minerals in land— a: to any person or persons; and b: in either of the following ways: i: as the result of an application initiated by a person under section 23A ii: as the result of a public tender process under section 24 c: subject to any conditions that the Minister may impose, as the Minister thinks fit, including authorising the prospecting or exploration for, or mining of, a mineral only— i: in particular circumstances; or ii: by means of a particular method; or iii: if the mineral occurs in a particular state, place, phase, or stratum. 2: However, the Minister is not obliged to grant a permit to any person or persons unless expressly required to do so under section 32 2A: The Minister must not grant a permit for petroleum in respect of any land outside the onshore Taranaki region (despite anything to the contrary in this Act (including section 1A 3: Each permit granted by the Minister must specify— a: the minerals and land to which the permit applies; and b: the conditions on which the permit is granted; and c: the names of the permit participants; and d: the name of the permit operator; and e: if any of the minerals to which the permit applies are minerals listed in the first column of Schedule 5 4: A permit may also specify the date on which the permit expires if the permit is to expire on a date earlier than the default expiry date set out in section 35 5: A permit must not be granted under this Part if a monetary deposit or bond that is required by the Minister as security for compliance with the conditions of the permit has not been deposited with the chief executive. 6: The Minister must not grant an exploration permit or a mining permit in respect of privately owned minerals, except as provided for by section 84 7: If an existing privilege exists, the Minister must not grant a permit in respect of all or part of the land and the mineral to which the privilege relates without the consent of the current holder of the privilege. 8: Subsection (1) is subject to section 5A(3) Section 25 replaced 24 May 2013 section 21 Crown Minerals Amendment Act 2013 Section 25(2A) inserted 13 November 2018 section 7 Crown Minerals (Petroleum) Amendment Act 2018 25A: Record of permit 1: On the granting of a permit, the chief executive 2: The chief executive 3: On receipt of a copy of a permit under subsection (2), the Registrar of the Māori Land Court must enter in his or her records the particulars of the permit. Section 25A inserted 21 August 2003 section 4 Crown Minerals Amendment Act 2003 Section 25A(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 25A(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 26: Priority of applications if more than 1 made and no minerals programme 1: Subject to the provisions of this Act, if more than 1 application is made for a permit in respect of all or part of the same land and in respect of a common mineral, and there is no minerals programme for that mineral, the applicant whose application is first received by the chief executive a permit 2: If 2 or more applications in respect of the same or partly the same land and a common mineral appear to have been received at the same time, the applicant to have a prior right shall be determined as the Minister thinks fit. 3: Every applicant who has a right of priority under this section shall retain the right until that 4: An applicant shall not have a right of priority under this section over any tender for a permit in respect of the same or partly the same land and a common mineral if that 5: The chief executive Section 26(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 26(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 27: Permit holder must have permit operator 1: A permit holder must have a permit operator. 2: A permit operator must be a permit participant. 3: For the purposes of the permit, this Act, and the regulations, the permit operator is responsible, on behalf of the permit holder, for the day-to-day management of activities under the permit. Section 27 replaced 24 May 2013 section 22 Crown Minerals Amendment Act 2013 28: Restriction on granting of prospecting permits Where, in respect of any application for a prospecting permit, the Minister considers that— a: the prospecting proposed in the application is unlikely to materially add to the existing knowledge of the mineral in all or part of the land to which the application relates; or b: there exists, at the time of the application, substantial interest in exploring for or mining the mineral in all or part of the land to which the application relates,— the Minister shall not grant a prospecting permit in respect of the mineral and the land or part of the land concerned unless he or she is satisfied that special circumstances apply. 28A: Declaration that permits not to be issued or extended for specified land for specified period 1: The Minister may declare that, during a specified period, specified kinds of permits— a: will not be granted in respect of specified land; and b: will not have the area of land that those permits apply to extended to include any of that specified land. 1A: For the purposes of subsection (1),— a: the declaration may be made only if the Minister believes that the declaration is necessary to better meet the purpose of this Act: b: the declaration must be made by notice published under the Legislation Act 2019 2: A notice under subsection (1A)(b) a: must specify the kind or kinds of permits to which it applies: b: must specify the land to which it applies: c: may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method: d: has effect until the close of the earlier of the following periods: i: the period specified in the notice: ii: 3 years from the date on which the notice is published 3: The Minister must not accept a permit application that is contrary to a notice under subsection (1A)(b) 4: A notice under subsection (1A)(b) a: application received by the Minister before the notice is published b: permit granted before the notice is published ba: power to extend the duration of a permit; or c: right under section 32 5: A notice under subsection (1A)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 28A inserted 24 May 2013 section 23 Crown Minerals Amendment Act 2013 Section 28A(1) replaced 19 February 2019 section 6(1) Crown Minerals Amendment Act 2019 Section 28A(1A) inserted 19 February 2019 section 6(1) Crown Minerals Amendment Act 2019 Section 28A(1A)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(2) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(2)(d)(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(3) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(4) amended 19 February 2019 section 6(2) Crown Minerals Amendment Act 2019 Section 28A(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(4)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28A(4)(ba) inserted 19 February 2019 section 6(3) Crown Minerals Amendment Act 2019 Section 28A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 29: Minister may require survey to be done Where the Minister considers it appropriate to do so, the Minister may require that land to which an application for a permit relates be surveyed in the prescribed manner and may postpone making a determination in respect of the granting of a permit until a survey plan, certified by the Surveyor-General chief executive Section 29 amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Process for dealing with applications for permits Heading inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013 29A: Process for considering application 1: An applicant for a permit must provide to the Minister— a: the name and contact details of the proposed permit participants and the proposed permit operator; and b: a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and c: in the case of an exploration permit for minerals other than petroleum, an estimate of the expected total work programme expenditure in relation to the permit; and d: any other information prescribed in the regulations. 2: Before granting a permit, the Minister must be satisfied— a: that the proposed work programme provided by the applicant is consistent with— i: the purpose of this Act; and ii: the purpose of the proposed permit; and iii: good industry practice in respect of the proposed activities; and b: that the applicant is highly likely i: the applicant's technical capability; and ii: the applicant's financial capability; and iii: any relevant information on the applicant’s failure to comply with permits or rights, or conditions in respect of those permits or rights, to prospect, explore, or mine in New Zealand or internationally; and c: that the applicant is highly likely d: in the case of a Tier 1 permit for exploration or mining, that the proposed permit operator has, or is highly likely 3: For the purposes of the Minister satisfying himself or herself of the matter in subsection (2)(d), the Minister— a: is only required to undertake a high-level preliminary assessment; and b: must seek the views of the health and safety regulator c: may, but is not required to, rely on the views of the regulatory agencies; and d: is not required to duplicate any assessment process that a regulatory agency may be required to undertake in accordance with a specified Act. 4: To avoid doubt, subsection (2)(d) does not limit, have any effect on, or have any bearing on— a: whether the permit holder or permit operator is required to obtain any permit, consent, or other permission under any health and safety or environmental legislation: b: the granting to the permit holder or permit operator of any permit, consent, or other permission necessary under any health and safety or environmental legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation. 5: This section is subject to section 29B Section 29A inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013 Section 29A(2)(b) amended 2 December 2021 section 8(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(2)(c) amended 2 December 2021 section 8(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(2)(d) amended 2 December 2021 section 8(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 29A(3)(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 29B: Process for considering application under public tender for conditional exploration permit 1: This section applies if— a: a Tier 1 permit for exploration is offered for allocation by public tender under section 24(1) b: a tender made in response to the offer under section 24(1) c: the proposed work programme provided with the tender contains an exploration drilling committal date. 2: If this section applies, the Minister must, when considering whether to grant the permit to the tenderer, be satisfied of the matters set out in section 29A(2)(b) and (d) 3: If a permit is granted in accordance with this section,— a: work cannot be undertaken after the exploration drilling committal date unless, before that date,— i: the Minister has, upon application by the permit holder, satisfied himself or herself of the matters set out in section 29A(2)(b) and (d) ii: the permit holder has committed, in accordance with the permit, to drilling for exploration purposes; and b: the requirements of paragraph (a) are a condition of the permit. 4: For the purposes of subsection (3),— a: section 29A(3) and (4) b: section 29A(2) to (4) 5: In this section,— exploration drilling committal date work Section 29B inserted 24 May 2013 section 24 Crown Minerals Amendment Act 2013 Conditions of permits 30: Rights to prospect, explore, mine 1: Subject to section 8 , whether the mineral is owned by the Crown or privately owned 2: Subject to section 8 Crown owned 3: Subject to section 8 Crown owned 4: Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, the right to mine shall only extend to that discovery. 5: Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, and the holder of the permit makes a further discovery in relation to a mineral and land to which the permit relates, the permit holder shall only have a right to receive a mining permit in accordance with section 32 a: if within 12 months after making the further discovery, the permit holder notifies the Minister in writing of the making of the discovery and that the permit holder is interested in applying for a permit to mine the discovery; and b: within the period notified to the permit holder under subsection (6). 6: On receiving a notice from a permit holder under subsection (5), the Minister shall notify the permit holder in writing of the period which in the Minister's opinion is reasonable to allow for— a: the carrying out of the necessary appraisal work in respect of the discovery; and b: the preparation of a work programme for the mining of the discovery; and c: the consideration and granting of an application for a permit to mine the discovery. 7: Subject to subsection (8) and unless the permit expressly provides otherwise, the rights referred to in subsections (1) to (3) are exclusive to the permit holder. 8: A permit conferring all or any of the same rights as a current permit in respect of all or part of the same land and the same Section 30(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 30(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 30(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 31: Right of permit holder to minerals Every permit holder shall be the owner of all minerals lawfully obtained by or on behalf of the permit holder in the course of activities authorised by the permit. 32: Right of permit holder to subsequent permits 1: Subject to sections 22 27 29A 43 and subsection (7), section 23A 2: If an exploration permit is granted in accordance with subsection (1), and the prospecting permit in respect of which it is granted specified any condition to be included in such exploration permit, no other or additional condition which modifies or conflicts with that condition shall be included in the exploration permit without the consent of the permit holder. 3: Subject to sections 22 27 29A 43 and subsection (7), section 23A 4: A permit granted in accordance with 5: Subsection (5A) applies if a mining permit is to be granted in accordance with subsection (3) and the initial permit or any subsequent permit specified any condition to be included in the mining permit or in any subsequent privilege, right, or licence conferring a right to mine. 5A: The condition must be included in the mining permit, unless the Minister and the holder of the exploration permit otherwise agree, and , subject to subpart 2 6: For the purposes of this section— a: an exploration permit shall be deemed to be an exploration permit and a prospecting permit; and b: a mining permit shall be deemed to be a mining permit and an exploration permit and a prospecting permit. 7: The Minister may not grant an exploration permit or a mining permit under this section in respect of minerals that are privately owned except in the case of minerals owned by customary marine title groups, as provided for in section 83(2) section 84 8: A permit that is the subject of an application for a subsequent permit under this section continues in force until the Minister determines the application. Section 32(1) amended 24 May 2013 section 25(1) Crown Minerals Amendment Act 2013 Section 32(1) amended 24 May 2013 section 25(2) Crown Minerals Amendment Act 2013 Section 32(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(3) amended 24 May 2013 section 25(1) Crown Minerals Amendment Act 2013 Section 32(3) amended 24 May 2013 section 25(2) Crown Minerals Amendment Act 2013 Section 32(3) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(4) amended 24 May 2013 section 25(3) Crown Minerals Amendment Act 2013 Section 32(5) replaced 24 May 2013 section 25(4) Crown Minerals Amendment Act 2013 Section 32(5A) inserted 24 May 2013 section 25(4) Crown Minerals Amendment Act 2013 Section 32(5A) amended 2 December 2021 section 9 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 32(7) added 28 September 1993 Crown Minerals Amendment Act 1993 Section 32(7) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 32(8) inserted 24 May 2013 section 25(5) Crown Minerals Amendment Act 2013 33: Permit holder responsibilities 1: A permit holder must— a: comply with— i: the conditions of the permit; and ii: this Act and the regulations; and iii: the Health and Safety at Work Act 2015 b: perform activities under the permit in accordance with good industry practice; and c: submit royalty returns, and pay royalties; and d: keep records for at least 7 years after the year to which they relate or for at least 2 years after the permit to which they relate ceases to be in force, whichever is the longer; and e: co-operate with the Minister, the chief executive, and enforcement officers for the purpose of complying with the conditions of the permit, this Act, and the regulations. 2: Subsection (3) applies if the permit holder is 2 or more persons. 3: Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder under the permit, this Act, and the regulations. Section 33 replaced 24 May 2013 section 26 Crown Minerals Amendment Act 2013 Section 33(1)(a)(iii) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 33A: Exercise of permit conditional on authorisation 1: This section applies if— a: in accordance with regulations made under the Health and Safety at Work Act 2015 section 203 b: the activity is an activity of a type authorised under a permit; and c: the regulations referred to in paragraph (a) specify that it is an authorisation for the purposes of this section. 2: Despite the activity being authorised under a permit, it must not be carried out until— a: it has been authorised in accordance with subpart 2 b: the health and safety regulator has advised the chief executive that the activity has been so authorised; and c: the chief executive has notified the permit holder of the health and safety regulator's advice. Section 33A replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 33B: Health and Safety regulator to notify chief executive of breaches of legislation 1: The health and safety regulator must notify the chief executive if— a: a permit holder is issued with a prohibition notice under section 105 b: an enforcement action (as defined in section 141 2: Nothing in this Act derogates from the health and safety regulator's responsibility for the administration and enforcement of the Health and Safety at Work Act 2015 Section 33B replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 33C: Iwi engagement reports 1: Every holder of a Tier 1 permit must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit. 2: Every holder of a Tier 2 permit of any class or kind specified in the regulations must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit. 3: Regulations may specify— a: an annual period to which annual reports must apply, which may vary for different classes or kinds of Tier 2 permit: b: a time by which annual reports must be provided, which may vary for different classes or kinds of Tier 2 permit. 4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014. Section 33C inserted 24 May 2013 section 26 Crown Minerals Amendment Act 2013 33D: Annual review meeting for holders of Tier 1 permits 1: The chief executive may require the holder of a Tier 1 permit to attend, once in each permit year, a review meeting for the purposes of— a: monitoring the permit holder's progress against the work programme for the permit; and b: providing an opportunity for discussion between the chief executive, the permit holder, the appropriate Minister (but only if the permit relates to Crown land), and any regulatory agency that the chief executive has invited to attend the meeting. 2: Without limiting subsection (1)(b), the chief executive must invite any regulatory agency that he or she thinks is likely to have regulatory oversight of the activities under the permit to attend a review meeting. However, the chief executive may limit the agency's attendance at the meeting to only those parts of the meeting that are relevant to its oversight. 3: Unless otherwise agreed between the chief executive and a permit holder, a review meeting must be— a: held on a date and at a place notified to the permit holder by the chief executive (which date must be at least 20 working days after the date of notification); and b: attended by at least 1 representative of the permit operator who has sufficient seniority, expertise, and knowledge to enable full discussion of the work programme and conditions of the permit. 4: Any person other than those referred to in subsections (1) and (2) may attend a review meeting only with the consent of the permit holder. Section 33D inserted 24 May 2013 section 26 Crown Minerals Amendment Act 2013 34: Financial return to the Crown The Minister may— a: require, in return for any permit granted under this Act b: include in any permit granted under this Act i: the rights given by the permit and this Act ii: any minerals obtained by the permit holder under the permit. Section 34(a) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 34(b) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 34(b)(i) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 35: Duration of permit 1: A prospecting permit expires— a: 4 years after the commencement date specified in the permit; or b: if an earlier expiry date is specified in the permit, on that date. 2: A prospecting permit may not be extended beyond 4 years after the commencement date specified in the permit. 3: An exploration permit for petroleum expires— a: 15 years after the commencement date specified in the permit; or b: if an earlier expiry date is specified in the permit, on that date. 4: An exploration permit for petroleum may be extended only in accordance with section 35A 5: An exploration permit for minerals other than petroleum expires— a: 10 years after the commencement date specified in the permit; or b: if an earlier expiry date is specified in the permit, on that date. 6: An exploration permit for minerals other than petroleum may not be extended beyond 10 years after the commencement date specified in the permit, unless extended further under section 35A 7: A mining permit expires— a: 40 years after the commencement date specified in the permit; or b: if an earlier expiry date is specified in the permit, on that date. 8: A mining permit may be extended only in accordance with section 36(1), (2), and (5) 9: The Minister may, on the application of a permit holder, amend the commencement date of a permit, and subsection (1), (3), (5), or (7) applies accordingly, if the Minister is satisfied that— a: the permit holder has been prevented from commencing activities under the permit by delays in obtaining consents under any Act; and b: those delays have not been caused or contributed to by default on the part of the permit holder. 10: If the Minister amends the commencement date of a permit under subsection (9), the new commencement date must be specified in the permit. Section 35 replaced 24 May 2013 section 27 Crown Minerals Amendment Act 2013 35A: Appraisal extension of exploration permits 1: The holder of an exploration permit may apply to the Minister, in accordance with section 36(1) to (4) appraisal extension 2: However, the Minister may grant an appraisal extension under subsection (1) only if the Minister is satisfied that— a: the permit holder has made a discovery that has the potential to lead to the granting of a mining permit; and b: the current specified duration of the exploration permit does not allow sufficient time to appraise the discovery; and c: the work programme in relation to the appraisal is adequate. 3: If the Minister grants an appraisal extension, it must be restricted to the land in the permit to which the Minister determines it is likely that the discovery relates. 4: A permit holder granted an appraisal extension under subsection (1) may apply to the Minister once only for a further appraisal extension, and subsection (1) applies as if the reference to an appraisal extension were a reference to a further appraisal extension. Section 35A inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013 35B: Conditions imposing relinquishment obligation: prospecting permits 1: The Minister may impose a condition of the kind described in subsection (2) on— a: the grant of a prospecting permit other than a prospecting permit for petroleum; or b: the grant of an application for a change to any prospecting permit other than a prospecting permit for petroleum. 2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation 3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed 50% of the original area of land to which the permit applied. 4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish. 5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit. Section 35B inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013 35C: Conditions imposing relinquishment obligation: exploration permits 1: The Minister may impose a condition of the kind described in subsection (2) on— a: the grant of an exploration permit; or b: the grant of an application for a change to an exploration permit. 2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation 3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed,— a: in the case of an exploration permit for petroleum, 75% of the original area of land to which the permit applied: b: in the case of an exploration permit for minerals other than petroleum, 50% of the original area of land to which the permit applied. 4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish. 5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit. Section 35C inserted 24 May 2013 section 27 Crown Minerals Amendment Act 2013 Changes to permits Heading inserted 24 May 2013 section 28 Crown Minerals Amendment Act 2013 36: Change to permit 1: The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit— a: with the prior written consent of the permit holder; or b: on the written application of the permit holder; or c: in the manner, if any, provided in the permit. 2: A change to a permit may do 1 or more of the following: a: amend the conditions of the permit: b: extend the land to which the permit relates: c: change the minerals to which the permit relates: d: extend the duration of the permit. 2A: However, the land to which a permit for petroleum relates cannot be extended to include any land outside the onshore Taranaki region. 3: An application under subsection (1)(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 4: An application under subsection (1)(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 4A: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister. 4B: All other applications under subsection (1)(b) must be received by the Minister not later than 90 days before— a: the expiry date of the permit; or b: in the case of an application to change the specified date by which specified work must be carried out, the specified date; or c: in the case of an application to change the specified work that must be carried out by a specified date, the specified date. 4C: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done). 4D: If a permit holder makes an application to which subsection (4B)(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition— a: must be complied with or fulfilled while the application is being considered by the Minister; and b: is not complied with or fulfilled while the application is being considered by the Minister. 4E: However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled. 5: Subject to subsection (5AA), the a: satisfies the Minister that the discovery to which the permit relates cannot be economically depleted before the expiry date b: where required to do so by the Minister, submits a work programme which is approved by the Minister in the same manner, with any necessary modifications, as a work programme is approved under section 43 and any such extension shall be only for such period as the Minister considers reasonable to enable the permit holder to economically deplete the discovery. 5AA: The duration of any permit may be extended,— a: if the permit relates to petroleum, to enable the permit holder to complete their decommissioning obligations under subpart 2 b: if the permit relates to minerals, to enable the permit holder to complete rehabilitation work. 5A: A permit that is the subject of an application for an extension of duration under this section or section 35A 5B: On the granting of a certificate of change in relation to a permit, the chief executive 5C: If the certificate of change is for an extension of land to which a permit relates and that extension of land was granted in respect of Māori land, the chief executive 5D: On receiving a copy of a certificate of change under subsection (5C), the Registrar of the Māori Land Court must enter in his or her records the particulars of that certificate. 6: Every application under this section shall be in the form and contain the information required by the Minister in that case. Section 36(1) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(2) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(2A) inserted 13 November 2018 section 8 Crown Minerals (Petroleum) Amendment Act 2018 Section 36(3) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(3) amended 2 December 2021 section 10(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(4) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4) amended 2 December 2021 section 10(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(4A) replaced 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4B) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4C) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4D) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(4E) inserted 24 May 2013 section 29(1) Crown Minerals Amendment Act 2013 Section 36(5) amended 2 December 2021 section 10(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(5AA) inserted 2 December 2021 section 10(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 36(5)(a) amended 24 May 2013 section 29(2) Crown Minerals Amendment Act 2013 Section 36(5A) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5A) amended 24 May 2013 section 29(3) Crown Minerals Amendment Act 2013 Section 36(5B) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5B) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 36(5C) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 Section 36(5C) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 36(5D) inserted 21 August 2003 section 5(3) Crown Minerals Amendment Act 2003 37: Process for Minister's proposal to change work programme for petroleum mining permit 1: The work programme for a petroleum mining permit granted on or after the commencement of this section may be changed in accordance with this section if the change is necessary to maximise the economic recovery of the petroleum in accordance with good industry practice. 2: If the Minister considers, on the basis of information on the characteristics and extent of the petroleum field received by the Minister at any time during the currency of the permit, that a change to the work programme is necessary, the Minister must notify the permit holder of the proposed change and set out the reasons why it is being proposed. 3: If the permit holder and the Minister cannot agree on the proposed changes, the permit holder may notify the Minister within 30 days after the date of the notification under subsection (2) (or within any further time that the Minister may allow) that the permit holder requires a determination by an independent expert on— a: whether the work programme should be changed to maximise the economic recovery of the petroleum in accordance with good industry practice; and b: what any change should be. 4: If the permit holder does not exercise the right under subsection (3) within the time specified by or allowed under that subsection, the conditions of the permit are deemed to be changed as proposed by the Minister. 5: If the permit holder exercises the right under subsection (3) within the time specified by or allowed under that subsection, an independent expert must be appointed by agreement between the Minister and the permit holder, or, failing agreement, by the President of the New Zealand Law Society (or his or her delegate) on the application of either party. Section 37 replaced 24 May 2013 section 30 Crown Minerals Amendment Act 2013 38: Determination by independent expert 1: In making a determination for the purposes of section 37(3) 2: Each party must provide a single set of written submissions, and any written evidence and any relevant documents or technical reports may be provided with the submissions. 3: In accordance with a timetable set by the independent expert,— a: the permit holder must provide its submissions to the independent expert and provide a copy to the Minister at the same time; and b: the Minister must subsequently provide his or her submissions to the independent expert and provide a copy to the permit holder at the same time. 4: The Minister and the permit holder must provide the independent expert with any assistance the independent expert may reasonably request. 5: After due consideration, the independent expert must provide a written determination to the Minister and the permit holder. 6: Any change to a work programme determined by the independent expert— a: must be limited to what is reasonably required to ensure that the economic recovery of the resource is maximised in accordance with good industry practice; and b: takes effect on the date of the determination. 7: The conditions of the permit holder's permit are deemed to be changed— a: in accordance with any change to a work programme determined by the independent expert; and b: with effect on the date of the determination. 8: The independent expert must not act as a mediator or an arbitrator and the Arbitration Act 1996 9: The independent expert's fees must be borne equally by the Minister and the permit holder unless the independent expert determines one party should bear a greater proportion or all of the fees on the ground that the party's position has not been reasonable. 10: The independent expert's determination is final and binding on the parties and there is no right of appeal against the determination. However, if the Minister and the permit holder agree a different allocation of costs to that determined by the independent expert, the determination must be treated as varied to the extent agreed. 11: The permit holder must continue to comply with its existing work programme pending the independent expert's consideration and determination of the matter. Section 38 replaced 24 May 2013 section 30 Crown Minerals Amendment Act 2013 39: Revocation or transfer of permit 1: The Minister may revoke a permit or transfer a permit to the Minister (in replacement for the permit holder)— a: if the Minister is satisfied that a permit holder has contravened— i: a condition of the permit; or ii: this Act or the regulations; or b: in any case where a condition relates to payment of money to the Crown under the permit, this Act, or the regulations, payment has not been made within 90 days after the due date for the payment. 1A: The Minister may also revoke a permit— a: as referred to in section 41A(7) b: in accordance with section 41AF 2: Before deciding whether to revoke or transfer a permit, the Minister must serve on the permit holder written notice of his or her intention to revoke or transfer the permit that— a: sets out the grounds on which the Minister intends to revoke or transfer the permit; and b: gives the holder 40 working days after the date on which the notice is served to— i: remove the grounds for the revocation or transfer; or ii: provide reasons why the permit should not be revoked or transferred. 2A: In the case of an intention to revoke a permit under section 41A(7)(b) section 41A(2) a: the date on which the permit participant notifies the Minister of the change of control in accordance with section 41A(2) b: the date by which the permit participant provides to the Minister all of the information and documents requested under section 41A(5) 3: The Minister may, by serving written notice on the permit holder, revoke or transfer the permit with effect on the date that is specified in the notice a: the grounds for revocation or transfer have not been removed; or b: after having considered reasons provided in accordance with subsection (2)(b)(ii), the Minister still considers there are grounds for revoking or transferring the permit. 3A: In the case of section 41A(7)(a) a: the Minister may, by serving written notice on the permit holder, revoke the permit with effect on the date specified in the notice if the Minister is satisfied that the permit should be revoked: b: the Minister may be so satisfied even if the Minister becomes satisfied of the matter set out in section 41A(7)(b) 3B: The notice under subsection (3) or (3A) may be served only on or after the date that is 40 working days after the date on which the notice under subsection (2) is served. 4: If the Minister transfers a permit in accordance with subsection (3),— a: the permit is automatically transferred into the name of the Minister; and b: the consent of the Minister under section 41 c: the Minister may exercise the rights granted by the permit, or offer it or any share in it for sale by public tender or otherwise. 5: A permit holder who is served with written notice under subsection (3) or (3A) 6: Pending the determination of an appeal under subsection (5), the permit in respect of which the appeal is made continues in force for all purposes unless it sooner expires. 6A: The Minister must record any revocation or transfer of a permit on the register of permits, but need not record the reasons for the revocation or transfer. 7: The revocation of a permit or the transfer of a permit to the Minister under this section shall not release the permit holder from any liability in respect of— a: a permit, or any condition of it, up to the date of revocation or transfer; and b: any act under the permit up to the date of revocation or transfer giving rise to a cause of action. 8: As soon as practicable after a permit (other than a permit in respect of petroleum) is revoked, the chief executive Registrar-General of Land 9: Subsection (8) applies only to permits granted before 21 August 2003 Section 39 heading replaced 24 May 2013 section 31(1) Crown Minerals Amendment Act 2013 Section 39(1) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(1A) inserted 19 February 2019 section 7(1) Crown Minerals Amendment Act 2019 Section 39(2) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(2A) inserted 19 February 2019 section 7(2) Crown Minerals Amendment Act 2019 Section 39(3) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(3) amended 19 February 2019 section 7(3) Crown Minerals Amendment Act 2019 Section 39(3A) inserted 19 February 2019 section 7(4) Crown Minerals Amendment Act 2019 Section 39(3B) inserted 19 February 2019 section 7(4) Crown Minerals Amendment Act 2019 Section 39(4) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(5) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(5) amended 19 February 2019 section 7(5) Crown Minerals Amendment Act 2019 Section 39(6) replaced 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(6A) inserted 24 May 2013 section 31(2) Crown Minerals Amendment Act 2013 Section 39(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 39(9) added 21 August 2003 section 6 Crown Minerals Amendment Act 2003 Section 39(9) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 40: Surrender of permit 1: A permit holder may apply to the chief executive to surrender a permit or any part of it by— a: lodging an application; and b: paying any money the permit holder owes to the Crown under this Act; and c: providing information and records as required by the permit, this Act, or the regulations. 2: Unless the Minister considers it is in the interests of the Crown to acquire the permit for the purposes of reallocation or otherwise (in which case the permit vests in the Crown as if it were personal property), the surrender— a: must be accepted by the chief executive if everything is in order and, in the case of a partial surrender, the Minister has approved the area to be surrendered under subsection (7A); and b: takes effect when the chief executive accepts it. 2A: Despite subsection (1)(b) and (c), the chief executive may accept a surrender application even though the permit holder has not paid to the Crown all the money owing to the Crown or has not provided to the chief executive all the information and records required to be provided. 3: For the purposes of subsections (5) and (6), if a permit vests in the Crown under this section,— a: the permit is deemed to have been surrendered under this section; and b: the date on which the permit is deemed to have been surrendered,— i: for the purposes of subsection (5), is the date that the surrender application was lodged; and ii: for the purposes of subsection (6), is the date of the Minister's decision under subsection (2). 4: The consent of the Minister under section 41 5: Where a permit is surrendered in whole or in part and payments have been made to the Crown under the permit or under this Part, the permit holder shall be entitled to a refund of so much of the payments as have been made in respect of— a: the remaining part of the period subsequent to the date of the surrender; and b: the land surrendered. 6: The surrender of a permit shall not release the permit holder from any liability in respect of— a: the permit up to the date of the surrender; and b: any act under the permit up to the date of surrender giving rise to a cause of action. 7: If a permit is being surrendered in part only, the form of surrender shall be accompanied by a plan that has the land in respect of which part of the permit is being surrendered clearly delineated and identified on it. 7A: The Minister may approve the area to be surrendered, with or without amendment, as he or she thinks fit. 8: The surrender of only part of a permit shall, on acceptance, be endorsed on the permit by the chief executive 9: The chief executive Registrar-General of Land 9A: Subsection (9) applies only to permits granted before 21 August 2003 10: Every right, title, and interest held under a permit that has been surrendered under this section shall end in respect of the land to which the permit related, or in respect of that part of the land in relation to which the permit is surrendered, as the case may be, on the date on which the chief executive Section 40(1) replaced 24 May 2013 section 32(1) Crown Minerals Amendment Act 2013 Section 40(2) replaced 24 May 2013 section 32(2) Crown Minerals Amendment Act 2013 Section 40(2A) inserted 24 May 2013 section 32(3) Crown Minerals Amendment Act 2013 Section 40(3) replaced 24 May 2013 section 32(4) Crown Minerals Amendment Act 2013 Section 40(7A) inserted 24 May 2013 section 32(5) Crown Minerals Amendment Act 2013 Section 40(8) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(9) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(9A) inserted 21 August 2003 section 7 Crown Minerals Amendment Act 2003 Section 40(9A) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 40(10) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 41: Transfer of interest in permit 1: The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section. 2: An application for consent to a transfer must— a: be made jointly by the relevant permit participant and the transferee; and b: be made within 3 months after the date of the agreement that contains the transfer; and c: be accompanied by a copy of the agreement that contains the transfer; and d: be accompanied by evidence of the notification required under subsection (3). 3: Before or at the same time as the application is made, the permit participant must notify any other permit participants that it has applied for consent to the transfer. 4: If so required by the Minister, the transferee must provide to the Minister— a: a statement, signed by or on behalf of the transferee, in which the person signing the statement must confirm that the transferee has the financial capability to meet its obligations under the permit (a statement of financial capability b: any specified supporting information. 5: If the transferee is a company, a statement of financial capability must be signed on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director. 6: Before granting consent, the Minister must be satisfied that the transferee is highly likely 7: The chief executive must record the transfer of any participating interest consented to by the Minister under this section on the permit concerned and the transfer is effective, for the purposes of the permit, this Act, and the regulations from the date of the Minister's consent. Section 41 replaced 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41(6) amended 2 December 2021 section 11 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 41AA: Meaning of change of control of permit participant or guarantor 1: In sections 41AB to 41A change of control a: a person ( person A b: a person ( person A 2: In subsection (1)(b), a specified person a: a person who is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the permit participant; or b: a person who acts, or is accustomed to acting, in accordance with the wishes of person A. Section 41AA inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 41AB: Change of control of permit operator of Tier 1 permit 1: This section applies if a corporate body that is a permit operator of a Tier 1 permit undergoes a change of control. 2: Every person who obtains the power referred to in section 41AA(1) see sections 41AC to 41AE 3: A contravention of subsection (2) by a person may result in either or both of the following: a: the revocation of the permit under section 41AF b: an offence under section 100(2A) section 41AA(1) 4: The permit operator must notify the Minister in accordance with subsection (6) if— a: subsection (2) is contravened; and b: the permit operator knows, or ought reasonably to know, that it has undergone a change of control. 5: Subsection (4) does not apply in the case of a contravention referred to in section 41AC(3)(c) 6: For the purposes of subsection (4), the notification must— a: be given as soon as is reasonably practicable, but in any event not later than 3 months after the permit operator becomes aware, or ought reasonably to have become aware, that it has undergone a change of control; and b: be accompanied by a copy of any agreement or other document that specifies the change of control. Section 41AB inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 41AC: Application for consent for change of control 1: An application for consent referred to in section 41AB(2) a: be made— i: by the relevant person; or ii: if there is more than 1 relevant person, by all of the relevant persons; and b: be made at least 3 months before the date on which the proposed change of control takes effect; and c: include the following information: i: the name of each relevant person: ii: if a relevant person is a corporate body, the name of each director of the body and of each shareholder or member of the body referred to in subsection (4): iii: particulars about how the change of control is proposed to be undertaken: iv: particulars about when the change of control is proposed to take effect; and d: be accompanied by— i: a copy of any agreement or other document that specifies the change of control; and ii: information or documents that show how the test in section 41AE(1) 2: If the Minister is satisfied that there are compelling reasons why a relevant person could not comply with subsection (1)(b), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date on which the proposed change of control takes effect). 3: The following applies if an application is properly made in accordance with this section (including subsection (1)(b) or (2)) but the application is still being considered by the Minister when the change of control takes effect: a: section 41AB(2) b: if the Minister gives his or her consent, section 41AB(2) c: if the Minister declines to give his or her consent, section 41AB(2) 4: For the purposes of subsection (1)(c)(ii), the shareholders or members of the corporate body that must be named are,— a: if the body has equity securities quoted on a stock exchange,— i: the shareholders or members who hold the 10 largest numbers of equity securities; or ii: if there is more than 1 class of equity securities, the persons holding the 10 largest numbers of equity securities in each class: b: in any other case, all of the shareholders or members. 5: In this section and sections 41AD 41AE director section 6(1) equity security section 8(2) relevant person section 41AA(1) stock exchange section 2(1) Section 41AC inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 41AD: Minister may require information or documents to be supplied 1: A permit participant, or a relevant person, must, if requested to do so, provide to the Minister information or documents relevant to the matters referred to in section 41AE(1) 2: Subsection (1) applies to a permit participant whether or not that participant is the permit operator. Section 41AD inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 41AE: When Minister may consent to change of control of permit operator 1: The Minister may consent to the change of control of a permit operator for the purposes of section 41AB a: the permit holder, given the proposed change in control,— i: has the financial capability to meet its obligations under the permit; and ii: is highly likely iii: is highly likely b: in the case of a Tier 1 permit for exploration or mining, the permit operator, after undergoing the change of control, has, or is highly likely Health and Safety at Work Act 2015 2: Section 29A(3) and (4) Section 41AE inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 Section 41AE(1)(a)(ii) amended 2 December 2021 section 12(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41AE(1)(a)(iii) amended 2 December 2021 section 12(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41AE(1)(b) amended 2 December 2021 section 12(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 41AF: Revocation of permit if change of control made without consent 1: This section applies if section 41AB(2) 2: The Minister may serve on the permit holder written notice of his or her intention to revoke the permit. The notice must— a: refer to this section; and b: state, with reasons, that the Minister considers that section 41AB(2) c: give the holder 40 working days after the date on which the notice is served to— i: show that section 41AB(2) ii: provide reasons why the permit should not be revoked (including showing why the Minister should be satisfied of the matters set out in section 41AE 3: A notice under subsection (4) may be served on or after the date that is 40 working days after the date on which the notice under subsection (2) is served. 4: After considering any thing provided under subsection (2)(c), the Minister may, by serving written notice on the permit holder, revoke the permit with effect on a date specified in the notice if the Minister is satisfied that— a: section 41AB(2) b: the permit should be revoked. 5: The Minister may be satisfied under subsection (4)(b) even if the Minister becomes satisfied of the matters set out in section 41AE section 41AB(2) 6: Section 39(5) to (7) Section 41AF inserted 19 February 2019 section 8 Crown Minerals Amendment Act 2019 41A: Change of control of permit participants (other than operators of Tier 1 permits) 1: 2: A permit participant must notify the Minister in accordance with subsection (3) if— a: the permit participant— i: is a corporate body; and ii: knows, or ought reasonably to know, that it has undergone a change of control; or b: the permit participant knows, or ought reasonably to know, that a corporate body that has provided a guarantee for the permit participant’s obligations under the permit (a guarantor 2A: However, this section does not apply to a change of control of a permit participant who is a permit operator of a Tier 1 permit ( see sections 41AB to 41AF 3: The notification must be given within 3 months after the permit participant becomes aware, or ought reasonably to have become aware, of the matters referred to in subsection (2) and must a: a copy of any agreement or document that specifies the change of control; and b: a statement from the permit participant that it has the financial capability to meet its obligations under the permit; and c: in the case of a change of control of a guarantor, a statement from the guarantor that it has the financial capability to meet its obligations under the guarantee. 4: A statement for the purposes of subsection (3)(b) or (c) must be signed,— a: if the permit participant or guarantor is a company, on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director; or b: if the permit participant or guarantor is not a company, by a person responsible for the management of the permit participant or guarantor. 5: If required to do so, a permit participant must provide to the Minister information or documents relevant to the financial capability of the person A concerned (as referred to in section 41AA(1) a: general information about that person's financial capability; or b: information specific to the matters referred to in subsection (3)(b) and (c). 6: However, the permit participant must do so only if the Minister requests the information or documents no later than 3 months from the date on which the permit participant notifies the Minister of the change of control in accordance with this section. 7: The Minister may revoke the permit in accordance with the procedure set out in section 39 a: subsection (2) is contravened; or b: the Minister is not satisfied that, following the change of control, the permit holder has the financial capability to meet its obligations under the permit. 8: Section 41A inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41A heading amended 19 February 2019 section 9(1) Crown Minerals Amendment Act 2019 Section 41A(1) repealed 19 February 2019 section 9(2) Crown Minerals Amendment Act 2019 Section 41A(2) replaced 19 February 2019 section 9(3) Crown Minerals Amendment Act 2019 Section 41A(2A) inserted 19 February 2019 section 9(3) Crown Minerals Amendment Act 2019 Section 41A(3) amended 19 February 2019 section 9(4) Crown Minerals Amendment Act 2019 Section 41A(5) amended 19 February 2019 section 9(5) Crown Minerals Amendment Act 2019 Section 41A(7) replaced 19 February 2019 section 9(6) Crown Minerals Amendment Act 2019 Section 41A(8) repealed 19 February 2019 section 9(2) Crown Minerals Amendment Act 2019 41B: Dealings 1: A permit participant may enter into a dealing. 2: However, the dealing has no legal effect if the dealing relates to a Tier 1 permit and the Minister does not consent to the dealing. 3: An application for consent to a dealing must— a: be made to the Minister; and b: be made within 3 months after the date of the agreement that contains the dealing; and c: be accompanied by a copy of the agreement that contains the dealing. 4: In this section, dealing a: a reasonable person would consider that the agreement— i: has not been entered into on an arm’s-length basis; or ii: is not on arm’s-length terms; or iii: is otherwise not on a fair market basis; or b: the term of the agreement is for 12 months or longer. Section 41B inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 41C: Change of permit operator 1: A permit operator may be changed only with the prior consent of the Minister and no change of permit operator has any effect without that consent. 2: An application for consent must— a: be made by the permit holder; and b: be made jointly with the proposed new operator if that operator is not an existing permit participant. 3: The Minister may give consent to the change only— a: if the Minister is satisfied that the permit holder, given the change in permit operator, is highly likely i: comply with, and give proper effect to, the work programme for the permit; and ii: comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and b: if the change of operator relates to a Tier 1 permit for exploration or mining, if the health and safety regulator— i: is satisfied that any requirements of the Health and Safety at Work Act 2015 highly likely ii: has advised the chief executive that it is so satisfied. Section 41C inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41C(3)(a) amended 2 December 2021 section 13 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 41C(3)(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 41C(3)(b)(i) amended 2 December 2021 section 13 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 41D: General provisions relating to transfers, dealings, and changes of permit operator 1: The Minister may grant consent under section 41 41AE 41B 41C 2: All conditions of the Minister’s consent are, for the purposes of this Act, deemed to be conditions of the permit concerned. 3: If, as a result of the transfer of a participating interest in a permit, a person ceases to have an interest in the permit, that person ceases to have any rights or obligations under the permit except in respect of any contravention of the conditions of the permit that occurred before the date of transfer of the participating interest. 4: Subsection (3) is subject to— a: the conditions of the permit; and b: the conditions of the Minister's consent on the transfer of the participating interest; and c: subpart 2 Section 41D inserted 24 May 2013 section 33 Crown Minerals Amendment Act 2013 Section 41D(1) amended 19 February 2019 section 10 Crown Minerals Amendment Act 2019 Section 41D(4)(c) inserted 2 December 2021 section 14 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Surveys Heading inserted 2 December 2021 section 16 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 42: Minister may require survey at any time It shall be a condition of every current mining permit that the Minister may at any time, require the holder of the permit to arrange for the survey, in the manner prescribed by regulations, of all or part of the land to which the permit relates. 42A: Authorisation of geophysical surveys on adjacent land 1: The Minister may, subject to such conditions as the Minister thinks fit to impose, grant written authorisation to a permit holder to carry out geophysical surveys on land adjacent to the land to which the permit relates if another permit is not in force in relation to that adjacent land. 2: An authorisation granted under this section— a: is subject to the provisions of this Act as if the authorisation were a permit of the same type as the permit held by the permit holder and referred to in subsection (1); but b: does not authorise any activity other than the carrying out of geophysical surveys. Section 42A inserted 28 September 1993 Crown Minerals Amendment Act 1993 Section 42A(2) replaced 19 February 2019 section 11 Crown Minerals Amendment Act 2019 Field development plans in respect of petroleum mining permits and licences Heading inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 42B: Field development plans to be submitted to chief executive 1: The holder of a petroleum mining permit granted under this Act or a petroleum mining licence granted under the Petroleum Act 1937 A a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The field development plan must— a: detail the planned development of the field over its anticipated productive life; and b: be accurate as at the date of submission to the chief executive; and c: contain the prescribed information (if any); and d: meet any further prescribed requirements. Section 42B inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Notice of expected cessation and notice of cessation of petroleum fields Heading inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 42C: Notice of expected cessation and notice of cessation 1: The holder of a petroleum mining permit granted under this Act or a petroleum mining licence granted under the Petroleum Act 1937 A a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The notice of expected cessation must— a: specify when A currently expects the field to permanently cease production; and b: contain the prescribed information (if any); and c: meet any further prescribed requirements. 3: If the field permanently ceases production, A must give the chief executive notice of that cessation as soon as practicable and not later than 20 working days after cessation. Section 42C inserted 2 December 2021 section 17 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Work programmes in respect of subsequent permits 43: Work programmes to be approved by Minister 1: Where an application is made for a permit and the applicant has a right to receive the permit under section 32 2: Where an application is made for a permit and the applicant has a right to receive that permit under section 32 a: approve the programme; or b: withhold approval of the programme if the Minister considers that— i: it is contrary to good industry ii: to approve the programme would be acting contrary to section 22 and shall notify the applicant accordingly. 3: Where the Minister withholds approval of a proposed work programme under subsection (2), the applicant shall be entitled to submit a modified work programme to the Minister within a reasonable period, as specified by the Minister when withholding approval of the proposed work programme, and the Minister shall then, within a further 6 months, either— a: approve the modified work programme; or b: withhold approval of the modified work programme if the Minister considers that— i: it is contrary to good industry ii: to approve the programme would be acting contrary to section 22 and shall notify the applicant accordingly. Section 43(1) replaced 24 May 2013 section 35(1) Crown Minerals Amendment Act 2013 Section 43(2)(b)(i) amended 24 May 2013 section 35(2) Crown Minerals Amendment Act 2013 Section 43(3)(b)(i) amended 24 May 2013 section 35(2) Crown Minerals Amendment Act 2013 44: Duty of Minister withholding approval of work programme 1: The Minister shall not withhold approval of any work programme or modified work programme under section 43 2: If the Minister withholds approval of a work programme or modified work programme under section 43 section 99 3: If it is determined under section 99 good industry section 22 a: a modified work programme is submitted to the Minister within 3 months after the date of the notice or within such longer period as the Minister may, in his or her discretion, determine in the notice; and b: the modified work programme is approved by the Minister. 4: Where it is determined under section 99 good industry section 22 Section 44(3) amended 24 May 2013 section 36 Crown Minerals Amendment Act 2013 Section 44(4) amended 24 May 2013 section 36 Crown Minerals Amendment Act 2013 45: Minister may direct that petroleum be refined and processed in New Zealand, etc 1: If, after consultation with the permit holder of a petroleum mining permit and having regard to the national interest, the Minister is satisfied that products are able to be manufactured in New Zealand by or on behalf of the permit holder from petroleum produced from land to which the permit relates, the Minister may direct that the permit holder refine or process (or cause to be refined or processed) in New Zealand so much of the petroleum as may be required for the manufacture of those products. 2: Where a direction is given under subsection (1), the Minister may give a further direction prohibiting the export from New Zealand of any petroleum directed to be refined or processed and of all or any of the products so manufactured from any such petroleum. 3: Where a permit holder is directed under subsection (1) to refine or process (or cause to be refined or processed) in New Zealand any petroleum and the permit holder does not have facilities for refining or processing such petroleum in New Zealand, the Minister, after consultation with all interested parties, may direct the owner of any refinery or processing plant capable of refining or processing the petroleum, to refine or process the petroleum on behalf of the permit holder on such conditions as may be agreed upon between the permit holder and the owner of the refinery or processing plant or, failing agreement, as may be determined by the Minister. 4: The owner of or any other person lawfully using a refinery or processing plant may at any time apply to the Minister for a variation in the conditions of any direction given under subsection (3) and the Minister may make such variations as may be agreed upon between the owner and all other persons lawfully using the refinery or processing plant or, failing agreement, as may be determined by the Minister. 5: Any person who wilfully fails to comply with any direction of the Minister under this section commits an offence against this Act and, if he or she is a permit holder, shall be deemed to have failed to comply with the conditions of his or her permit. 6: No person shall be precluded by any agreement from doing or refraining from doing such acts as may be necessary to comply with a direction given under this section; and every person who does or refrains from doing any such act shall not thereby suffer, under any agreement, any liability of any kind whatsoever. 7: In this section, the term agreement 46: Unit development 1: If the Minister is satisfied that— a: the land to which any 2 or more permits or existing privileges b: in order to or existing privilege or existing privileges the Minister may, on the request of 1 or more of the permit or existing privilege or existing privilege or existing privilege 2: The notice shall specify the land in respect of which, and the period within which, the Minister requires a development scheme to be submitted. 3: If the Minister withholds his or her approval of a development scheme under subsection (1), the Minister shall notify the permit or existing privilege or existing privilege 4: If a development scheme or modified development scheme is not submitted to the Minister within the period specified or existing privilege or existing privilege 5: The Minister may recover from permit or existing privilege holders any costs incurred by him or her in approving or preparing a development scheme under this section, including the costs of any advice received from an independent expert, and may apportion those costs between the holders as he or she thinks fit. 6: Subsection (7) applies if a development scheme is required under subsection (1) for a petroleum mineral deposit. 7: The Minister may, by notice in writing, require 1 or more permit holders or existing privilege holders to suspend or reduce production from any well specified in the notice during the preparation of the development scheme if— a: the Minister is satisfied that the suspension or reduction is necessary to secure the maximum ultimate recovery of the petroleum mineral deposit; and b: before issuing the notice, he or she has consulted all relevant permit or existing privilege holders. 8: In subsection (7), permit holder or existing privilege holder Section 46(1) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 46(1) amended 21 August 2003 section 9(1)(d) Crown Minerals Amendment Act 2003 Section 46(1) amended 21 August 2003 section 9(1)(e) Crown Minerals Amendment Act 2003 Section 46(1) amended 21 August 2003 section 9(1)(f) Crown Minerals Amendment Act 2003 Section 46(1)(a) amended 21 August 2003 section 9(1)(a) Crown Minerals Amendment Act 2003 Section 46(1)(b) amended 24 May 2013 section 37(1) Crown Minerals Amendment Act 2013 Section 46(1)(b) amended 21 August 2003 section 9(1)(b) Crown Minerals Amendment Act 2003 Section 46(1)(b) amended 21 August 2003 section 9(1)(c) Crown Minerals Amendment Act 2003 Section 46(3) amended 21 August 2003 section 9(2) Crown Minerals Amendment Act 2003 Section 46(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 46(4) amended 21 August 2003 section 9(3) Crown Minerals Amendment Act 2003 Section 46(5) replaced 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(6) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(7) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Section 46(8) inserted 24 May 2013 section 37(2) Crown Minerals Amendment Act 2013 Access to land 47: Permit does not give right of access to land Subject to section 49 48: Cancellation of any Crown right of entry that is reserved by statute No right reserved to the Crown, by virtue of any enactment, to enter any land for any purpose in connection with prospecting or exploring for, or mining, any mineral, shall have any effect. Access to land for minimum impact activity 49: Entry on land for minimum impact activity 1: Notwithstanding section 8 sections 50 51 62 2: Subject to sections 8 50 51 62 3: Notwithstanding subsections (1) and (2), no person may enter on land under either of those subsections without the written consent of each owner and occupier, and any customary marine title group each person or group whose consent is required a: the date of intended entry; and b: the type and duration of work to be carried out; and c: a telephone number in New Zealand of the person who intends to enter the land. 4: Every person who enters land under this section shall, if required by any owner or occupier or customary marine title group 5: A person who enters land under this section shall not carry out any activity other than a minimum impact activity. Section 49(3) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 49(4) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 50: Entry on special classes of land for minimum impact activity 1: No person may, without the consent of the owner or occupier of the land, enter land of a class to which any of paragraphs (a) to (g) of section 55(2) 2: This section does not apply in the case of entry onto land that is in the common marine and coastal area. Section 50(2) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 50A: Restricted access to Taranaki conservation land 1: No permit holder (or employee, agent, or contractor of a permit holder) may enter Taranaki conservation land for a purpose in connection with a permit for petroleum other than as set out in sections 49 50 2: Subsection (1) applies despite anything to the contrary in this Act (including sections 1A 53 to 80 3: However, this section does not prevent prospecting, exploration, or mining carried out below the surface of Taranaki conservation land in accordance with section 57 4: In this section, Taranaki conservation land a: under the Conservation Act 1987 b: under an Act listed in Schedule 1 Section 50A inserted 13 November 2018 section 9 Crown Minerals (Petroleum) Amendment Act 2018 51: Entry on Maori land for minimum impact activity 1: Where a permit holder or any person authorised under section 49 a: ensure that reasonable efforts have been made to consult with those owners of the land able to be identified by the Registrar of the Maori Land Court; and b: give not less than 10 working days' notice to the local iwi authority of the land to be entered and the matters referred to in section 49(3) 2: No person may, without the consent of the owners of the land, enter Maori land for the purpose of carrying out a minimum impact activity where the land is regarded as waahi tapu by the tangata whenua. 3: No person may, without the consent of the land holding trustee (as defined in section 7 a: registered in the name of Pootatau Te Wherowhero under section 19 b: regarded as waahi tapu by the land holding trustee within the meaning of that Act— for the purpose of carrying out a minimum impact activity. 4: Subsection (1)(b) shall apply in relation to land registered in the name of Pootatau Te Wherowhero under section 19 5: No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the Ngāti Awa governance entity (as defined in section 12 a: registered in the name of Awanuiārangi II as protected land under section 157 b: regarded as wāhi tapu by the Ngāti Awa governance entity. 6: Subsection (1)(b) applies in relation to land registered in the name of Awanuiārangi II as protected land under section 157 a: the land were Maori land; and b: the Ngāti Awa governance entity were the local iwi authority of the land. 7: No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti Manawa (as those terms are defined in section 10 section 10 8: Subsection (1)(b) applies in relation to land registered in the names of Wharepakau and Tangiharuru as tenants in common under section 104 section 88 section 10 section 10 9: No person may, for the purpose of carrying out a minimum impact activity enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare (as defined in section 10 Ngāti Whare Claims Settlement Act 2012 a: registered in the name of Wharepakau as protected land under section 104 b: regarded as wāhi tapu by the trustees. 10: Subsection (1)(b) applies in relation to land registered in the name of Wharepakau as protected land under section 104 Ngāti Whare Claims Settlement Act 2012 Section 51(3) added 15 November 1995 section 35 Waikato Raupatu Claims Settlement Act 1995 Section 51(4) added 15 November 1995 section 35 Waikato Raupatu Claims Settlement Act 1995 Section 51(5) added 25 March 2005 section 160 Ngāti Awa Claims Settlement Act 2005 Section 51(6) added 25 March 2005 section 160 Ngāti Awa Claims Settlement Act 2005 Section 51(7) inserted 6 April 2012 section 90(5) Ngāti Whare Claims Settlement Act 2012 Section 51(8) inserted 6 April 2012 section 90(5) Ngāti Whare Claims Settlement Act 2012 Section 51(9) inserted 6 April 2012 section 105(6) Ngāti Whare Claims Settlement Act 2012 Section 51(10) inserted 6 April 2012 section 105(6) Ngāti Whare Claims Settlement Act 2012 52: Permit holder may obtain order Where a permit holder or other person authorised to enter on land under section 49 the District Court Section 52 amended 1 March 2017 section 261 District Court Act 2016 Access to land other than for minimum impact activity 53: Access to land for petroleum 1: This section shall not apply to minimum impact activities. 2: The holder of a permit in respect of petroleum shall not prospect, explore, or mine on or in land to which his or her permit relates otherwise than in accordance with an access arrangement— a: agreed in writing between the permit holder and each owner and occupier of the land; or b: determined by an arbitrator in accordance with this Act. 3: Subsection (2) does not apply if the permit relates to— a: land in the continental shelf; or b: land in the common marine and coastal area. Section 53(3) replaced 24 May 2013 section 38 Crown Minerals Amendment Act 2013 Section 53(3)(b) replaced 19 February 2019 section 12 Crown Minerals Amendment Act 2019 54: Access to land for minerals other than petroleum 1: This section shall not apply to minimum impact activities. 2: The holder of a permit in respect of a mineral (other than petroleum) shall not prospect, explore, or mine on or in land a: agreed in writing between the permit holder and each owner and occupier of the land; or b: determined by an arbitrator in accordance with this Act. 3: Subsection (2) does not apply if the permit relates to— a: land in the continental shelf; or b: land in the common marine and coastal area. Section 54(2) amended 19 February 2019 section 13(1) Crown Minerals Amendment Act 2019 Section 54(2)(a) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 54(2)(b) substituted 28 September 1993 Crown Minerals Amendment Act 1993 Section 54(3) replaced 24 May 2013 section 39 Crown Minerals Amendment Act 2013 Section 54(3)(b) replaced 19 February 2019 section 13(2) Crown Minerals Amendment Act 2019 54A: Access to Schedule 4 land in common marine and coastal area Despite sections 53 54 Schedule 4 a: in respect of land that is not subject to a customary marine title order or agreement; and b: in accordance with an access arrangement agreed in writing— i: between the permit holder, the Minister, and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e) ii: between the permit holder and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e) Section 54A inserted 19 February 2019 section 14 Crown Minerals Amendment Act 2019 55: Restrictions on determination of access arrangements by arbitrators 1: Subject to section 66 each owner and occupier of the land 2: Unless otherwise agreed between each owner and occupier of the land a: any land held or managed under the Conservation Act 1987 Schedule 1 b: land subject to an open space covenant in terms of the Queen Elizabeth the Second National Trust Act 1977 c: land subject to a covenant in terms of the Conservation Act 1987 Reserves Act 1977 d: land for the time being under crop: e: land used as or situated within 30 metres of a yard, stockyard, garden, orchard, vineyard, plant nursery, farm plantation, shelterbelt, airstrip, or indigenous forest: f: land which is the site of or situated within 30 metres of any building, cemetery, burial ground, waterworks, race, or dam: g: land having an area of 4.05 hectares or less. 3: Land within the common marine and coastal area is deemed, for the purpose of subsection (2), not to be within any of the classes of land described in that subsection. Section 55(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 55(1) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 55(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 55(2) amended 28 September 1993 Crown Minerals Amendment Act 1993 Section 55(3) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 56: Provisions relating to access arrangements Where an owner or occupier has entered into an access arrangement, the arrangement shall be binding on the owner or occupier and, subject to the requirements of section 83 57: Meaning of entry on land For the purposes of sections 53 to 54A a: will not or is not likely to cause any damage to the surface of the land or any loss or damage to the owner or occupier of the land; or b: will not or is not likely to have any prejudicial effect in respect of the use and enjoyment of the land by the owner or occupier of the land; or c: will not or is not likely to have any prejudicial effect in respect of any possible future use of the surface of the land. Section 57 amended 19 February 2019 section 15 Crown Minerals Amendment Act 2019 58: Disputes as to classification of land and activities 1: If any dispute arises as to whether or not— a: any land is included in a class of land referred to in section 55 b: any activity is a minimum impact activity; or c: prospecting, exploration, or mining carried out below the surface of any land constitutes prospecting, exploration, or mining on or in land for the purposes of any of sections 53 to 54A a party to the dispute may apply to the District Court 2: At least 10 days' notice in writing of any such application shall be given by the applicant to every other party to the dispute. 3: On the receipt of any such application, the Registrar of the District Court shall give notice of the time and place fixed for the hearing of the application to the applicant and every other party to the dispute. 4: The applicant and every other party to the dispute shall be entitled to be present and to be heard at the hearing of the application. Section 58(1) amended 1 March 2017 section 261 District Court Act 2016 Section 58(1)(c) amended 19 February 2019 section 16 Crown Minerals Amendment Act 2019 59: Notice of request for grant of right of access 1: Every person wishing to obtain an access arrangement in order to prospect, explore, or mine on or in land shall serve on each owner and occupier of the relevant land a notice in writing of that person's intention to obtain an access arrangement. 2: Every notice under subsection (1) shall, in addition to matters required by regulations, specify— a: the land affected; and b: the purpose for which the right of access is required; and c: the proposed programme of work including the type and duration of work to be carried out and the likely adverse effect on the land or the owner or occupier of the land; and d: the compensation and safeguards against any likely adverse effects proposed; and e: the type of permit held or applied for by the person giving the notice ; and f: if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought. 3: Where an access arrangement is obtained by way of agreement, and the requirements of this section were not complied with in a material way, then such agreement shall be of no force or effect unless the non-compliance is waived in writing by the owner or occupier affected. Section 59(2)(e) amended 24 May 2013 section 40(1) Crown Minerals Amendment Act 2013 Section 59(2)(f) inserted 24 May 2013 section 40(2) Crown Minerals Amendment Act 2013 60: Grant of right of access by access arrangement 1: An access arrangement in relation to land may make provision for or with respect to the following matters: a: the periods during which the permit holder is to be permitted access to the land: b: the parts of the land on or in which the permit holder may explore, prospect, or mine and the means by which the permit holder may gain access to those parts of the land: c: the kinds of prospecting, exploration, or mining operations that may be carried out on or in the land: d: the conditions to be observed by the permit holder in prospecting, exploring, or mining on or in the land: e: the things which the permit holder needs to do in order to protect the environment while having access to the land and prospecting, exploring, or mining on or in the land: f: the compensation to be paid to any owner or occupier of the land as a consequence of the permit holder prospecting, exploring, or mining on or in the land: g: the manner of resolving any dispute arising in connection with the arrangement: h: the manner of varying the arrangement: i: such other matters as the parties to the arrangement may agree to include in the arrangement. 2: In considering whether to agree to an access arrangement, an owner or occupier of land (other than Crown land) may have regard to such matters as he or she considers relevant. 61: Access arrangements in respect of Crown land and land in common marine and coastal area 1: The appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to section 54A a: an initial access arrangement in relation to a Tier 2 permit: b: a variation to an existing access arrangement in relation to a Tier 2 permit: c: a variation to an existing access arrangement in relation to a Tier 1 permit, except if the variation is to allow access for the purpose of significant exploration or mining activities. 1AA: The Minister and the appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to section 54A a: an initial access arrangement in relation to a Tier 1 permit: b: a variation to an existing access arrangement in relation to a Tier 1 permit if the variation is to allow access for the purpose of significant exploration or mining activities. 1AAB: The appropriate Minister must determine whether or not activities are significant exploration or mining activities for the purposes of this section and, in doing so, must have regard to— a: the effects the activities are likely to have on conservation values for the land concerned; and b: the effects the activities are likely to have on other activities on the land; and c: the activities' net impact on the land, either while the activities are taking place or after their completion; and d: any other matters that the appropriate Minister considers relevant to achieving the purpose of this Act. 1A: The appropriate Minister (in the case of subsection (1)) or the Minister and the appropriate Minister (in the case of subsection (1AA)) , or variation to an access arrangement, or enter into any access arrangement, or variation to an access arrangement, or land of the common marine and coastal area Schedule 4 a: that are necessary for the construction, use, maintenance, or rehabilitation, of an emergency exit or service shaft for an underground mining operation, where these cannot safely be located elsewhere, provided that it does not result in— i: any complete stripping of vegetation over an area exceeding 100 square metres; or ii: any permanent adverse impact on the profile or surface of the land which is not a necessary part of any such activity: b: that do not result in— i: any complete stripping of vegetation over an area exceeding 16 square metres; or ii: any permanent adverse impact on the profile or surface of the land that is not a necessary part of any activity specified in paragraph (a): c: a minimum impact activity: d: gold fossicking carried out in an area designated as a gold fossicking area under section 98 or 98A e: any special purpose mining activity carried out in accordance with a mining permit. 2: In considering whether to agree to an access arrangement , or variation to an access arrangement, appropriate Minister (in the case of subsection (1)) or the Minister and the appropriate Minister (in the case of subsection (1AA)) a: the objectives of any Act under which the land is administered; and b: any purpose for which the land is held by the Crown; and c: any policy statement or management plan of the Crown in relation to the land; and d: the safeguards against any potential adverse effects of carrying out the proposed programme of work; and da: the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and db: if section 61C(3) e: any other matters that that Minister or those Ministers consider relevant. 3: Where a permit holder has secured the right, under the Resource Management Act 1991 section 2(1) 4: Subject to subsections (6) to (9) Schedule 4 5: Before making any recommendation for the purposes of subsection (4), the Minister and the Minister of Conservation must consult to the extent that is reasonably practicable, having regard to all the circumstances of the particular case, those persons the Ministers have reason to believe are representative of interests likely to be substantially affected by the Order in Council or representative of some aspect of the public interest. 6: No Order in Council may be made under subsection (4) in respect of any land held under the Conservation Act 1987 section 18(1) a: the particular scientific value for which the land is held; and b: the value of any Crown owned 7: Notwithstanding subsection (6), no Order in Council may be made under subsection (4) in respect of any ecological area to the extent that the ecological area includes land subject to Schedule 4 8: No Order in Council may be made under subsection (4) in respect of— a: Red Mercury Island (Whakau); or b: Green Island; or c: Atiu or Middle Island; or d: Korapuki Island,— all situated in the Mercury Islands. 9: No Order in Council may be made under subsection (4) that results in land within a category of land described in clauses 1 to 8 10: To avoid doubt, subsection (9) does not limit or affect— a: any provision of any other enactment that has the effect of excluding land from clauses 1 to 8 b: any action taken under a provision of any other enactment that has the effect of excluding land from clauses 1 to 8 11: An order under subsection (4) 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 61 heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(1) replaced 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1) amended 19 February 2019 section 17(1) Crown Minerals Amendment Act 2019 Section 61(1AA) inserted 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1AA) amended 19 February 2019 section 17(1) Crown Minerals Amendment Act 2019 Section 61(1AAB) inserted 24 May 2013 section 41(1) Crown Minerals Amendment Act 2013 Section 61(1A) inserted 26 November 1997 section 2(1) Crown Minerals Amendment Act (No 2) 1997 Section 61(1A) amended 19 February 2019 section 17(2) Crown Minerals Amendment Act 2019 Section 61(1A) amended 24 May 2013 section 41(3) Crown Minerals Amendment Act 2013 Section 61(1A) amended 24 May 2013 section 41(4) Crown Minerals Amendment Act 2013 Section 61(1A) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(1A)(d) amended 24 May 2013 section 41(5) Crown Minerals Amendment Act 2013 Section 61(1A)(e) replaced 24 May 2013 section 41(6) Crown Minerals Amendment Act 2013 Section 61(2) amended 19 February 2019 section 17(3) Crown Minerals Amendment Act 2019 Section 61(2) amended 24 May 2013 section 41(7) Crown Minerals Amendment Act 2013 Section 61(2)(da) inserted 24 May 2013 section 41(9) Crown Minerals Amendment Act 2013 Section 61(2)(db) inserted 24 May 2013 section 41(9) Crown Minerals Amendment Act 2013 Section 61(2)(e) replaced 19 February 2019 section 17(4) Crown Minerals Amendment Act 2019 Section 61(3) added 28 September 1993 Crown Minerals Amendment Act 1993 Section 61(4) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(4) amended 24 May 2013 section 41(11) Crown Minerals Amendment Act 2013 Section 61(5) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(6) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(6)(b) amended 24 May 2013 section 41(12) Crown Minerals Amendment Act 2013 Section 61(7) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(7) amended 21 October 2000 section 22 Forests (West Coast Accord) Act 2000 Section 61(8) added 26 November 1997 section 2(2) Crown Minerals Amendment Act (No 2) 1997 Section 61(9) inserted 24 May 2013 section 41(13) Crown Minerals Amendment Act 2013 Section 61(10) inserted 24 May 2013 section 41(13) Crown Minerals Amendment Act 2013 Section 61(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 61A: Access to Crown land where mineral not property of the Crown 1: A person must not prospect, explore, or mine in any Crown land in respect of any mineral that is not the property of the Crown otherwise than in accordance with an access arrangement entered into under section 61B 2: Nothing in sections 54 to 59 61 62 to 75 78 to 82 89 3: For the purposes of section 61B 60 76 83 to 88 a: the term permit b: the term permit holder Section 61A inserted 29 October 1997 section 3 Crown Minerals Amendment Act 1997 61B: Access arrangements in respect of Crown land where mineral not property of the Crown 1: The appropriate Minister may, by agreement, enter into an access arrangement in respect of Crown land for the purpose of granting access to any mineral that is not the property of the Crown. 2: In considering whether to agree to an access arrangement in respect of Crown land for that purpose, the appropriate Minister must have regard to— a: the objectives of any Act under which the land is administered; and b: any purpose for which the land is held by the Crown; and c: any policy statement or management plan of the Crown in relation to the land; and d: the safeguards against any potential adverse effects of carrying out the proposed programme of work in relation to the mineral; and e: the interests of the owner of the mineral, or of any person to whom the owner of the mineral has granted any rights in relation to the mineral, in obtaining access to that mineral; and f: such other matters as the appropriate Minister considers relevant. 3: Where the owner of the mineral or any person to whom the owner of the mineral has granted any rights in relation to the mineral, as the case may be, has secured the right, under the Resource Management Act 1991 section 2(1) Section 61B inserted 29 October 1997 section 3 Crown Minerals Amendment Act 1997 61C: Public notification of certain access arrangements 1: This section applies if an application under section 61 2: The Minister of Conservation must determine whether or not the proposed activities are significant mining activities and, in doing so, must have regard to— a: the effects the activities are likely to have on conservation values for the land concerned; and b: the effects the activities are likely to have on other activities on the land; and c: the activities' net impact on the land, either while the activities are taking place or after their completion; and d: any other matters that the Minister considers relevant to achieving the purpose of this Act. 3: If the Minister of Conservation determines the proposed mining activities to be significant mining activities,— a: he or she must ensure that the application is publicly notified in accordance with section 49 an application for a concession that is b: section 49 c: the Director-General of Conservation must perform the duties required by that section as if the application were a proposal, including sending a recommendation and summary of objections and comments received to the Minister of Conservation and, if the application relates to a matter to which section 61(1AA) 4: The public notification of an application in accordance with subsection (3) may (without limitation) be conducted in conjunction with the public notification of any related concession application under the Conservation Act 1987 Section 61C inserted 24 May 2013 section 42 Crown Minerals Amendment Act 2013 Section 61C(3)(a) amended 18 October 2017 section 206(2) Resource Legislation Amendment Act 2017 62: Prohibition of access in respect of Crown land 1: The Governor-General may, by Order in Council made on the recommendation of the Minister and the Minister administering the land concerned, prohibit access in respect of any Crown land. 2: No minimum impact activities shall be carried out on land subject to an Order in Council under subsection (1). 3: No access arrangement shall be made in respect of any land subject to an Order in Council under subsection (1). 4: An Order in Council made under subsection (1) shall not affect— a: any access arrangement entered into before the date of the Order in Council or any rights granted under such an arrangement; or b: the rights of the holder of an existing privilege under Schedule 1 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 62(4)(b) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 62(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 63: Request for appointment of arbitrator 1: If, by the end of 60 days (or, in the case of access required for a geophysical survey, 30 days) after a person serves notice in writing under section 59 2: The person desiring access, and each owner and occupier of the land concerned, may agree to the appointment of any person as arbitrator. 64: Appointment of arbitrator in default of agreement 1: If, by the end of 30 days after a person desiring access serves notice in accordance with section 63 chief executive 2: Every such application shall be accompanied by the prescribed fee. 3: On receipt of such an application the chief executive Section 64(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 64(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 65: Fixing time and place for conducting hearing 1: As soon as practicable after having been appointed, an arbitrator shall— a: fix a time and place for conducting a hearing into the question of access to the land concerned; and b: cause notice of his or her 2: The arbitrator may, by a further notice served on the person desiring access and on each of the owners and occupiers of the land concerned (whether on the application of the person desiring access or of any owner or occupier of that land or otherwise), vary the time or place fixed for conducting the hearing. 3: The arbitrator shall, at the time and place fixed under this section, conduct a hearing into the question of access to the land concerned. Section 65(1)(b) amended 28 September 1993 Crown Minerals Amendment Act 1993 66: Declaration by Order in Council that access arrangement may be determined by arbitrator 1: If— a: the owner or occupier of any land which is subject to a permit fails or refuses to enter into an access arrangement with the holder of the permit in respect of such land by the end of 60 days after the holder has served on the owner or occupier a notice of intention to obtain an access arrangement as specified in section 59 b: the land is not Maori land, or land registered in the name of Pootatau Te Wherowhero under section 19 section 55(2) the permit holder may apply to the chief executive 2: On receiving an application under subsection (1), the chief executive 3: If the Minister, after considering the application and the chief executive's a: enter into an access arrangement with the permit holder; or b: consent in writing to an arbitrator determining an access arrangement; or c: make representations to the Minister as to why a declaration should not be made under this section. 4: A notice under subsection (3) shall specify the land to which it relates and the public interest grounds which the Minister considers support the application, and shall have attached to it a copy of the application. 5: If, within the period of 3 months referred to in subsection (3),— a: an access arrangement between the permit holder and the owner and occupier is not entered into; or b: the owner and occupier do not consent to an arbitrator determining an access arrangement— the Governor-General, within 3 months after the expiry of that period, may by Order in Council on the joint advice of the Minister 6: A consent given or declaration made under this section shall entitle an arbitrator to proceed to determine an access arrangement between the applicant under this section and the owner and occupier of the land concerned; and any such arrangement shall be effective in respect of the land to which it relates. 7: An order 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 66(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(1)(b) amended 15 November 1995 section 36 Waikato Raupatu Claims Settlement Act 1995 Section 66(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 66(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 67: Right of appearance 1: At any hearing by an arbitrator into the question of access, a person desiring access to the land concerned, and each of the owners and occupiers of the land, are entitled to appear and be heard. 2: A party to a hearing may be represented by counsel or otherwise. 68: Conciliation 1: An arbitrator shall not make a determination until the arbitrator has brought, or has used his or her best endeavours to bring, the parties to a settlement acceptable to all of them. 2: If the parties come to such a settlement, the arbitrator shall make a determination which gives effect to the terms of the settlement. 69: Procedure 1: Except as otherwise provided by this Act, the procedure at a hearing shall be as determined by the arbitrator. 2: An arbitrator shall act according to equity, good conscience, and the substantial merits of the case without regard for technicalities or legal forms. 3: An arbitrator may conduct a hearing even though 1 or more of the parties to the hearing fails to attend the hearing. 70: Determination of access arrangement, etc 1: As soon as practicable after conducting a hearing, the arbitrator shall determine an access arrangement in respect of the land concerned giving the person desiring access access to the land on reasonable conditions, and serve a copy of the arrangement on each of the parties to the hearing. 2: An access arrangement that is determined by an arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner or occupier of the land is entitled under section 76 3: Where the person desiring access has not obtained the required permit under this Act at the time of the determination of an access arrangement, the arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner and occupier would be entitled under section 76 71: Effect of access arrangement, etc An access arrangement determined by an arbitrator— a: takes effect when a copy of the arrangement has been served on each of the parties to the hearing and the person desiring access has complied with the requirements of section 83 b: has effect as if its terms were embodied in a deed that had been duly executed by each of the parties; and c: runs with the land and binds all subsequent owners and occupiers. 72: Variation of access arrangements An access arrangement determined by an arbitrator may, subject to the terms of the arrangement, be varied by the arbitrator with the consent of all of the parties to the arrangement, or their successors. 73: Costs Each party's costs, and the arbitrator's costs, in relation to the hearing shall be borne by the person desiring access. 74: Withdrawal from arbitration 1: The parties to a hearing may, at any time before the conclusion of the hearing, terminate the hearing by notice in writing, signed by all of the parties, served on the arbitrator. 2: This section does not limit the liability of the person desiring access to bear the arbitrator's costs in relation to the hearing. 75: Liability Subject to section 76(4) a: any determination made by the arbitrator; or b: any publication made by the arbitrator; or c: any other act, matter, or thing done by the arbitrator— for the purposes of a hearing, as long as the determination, publication, act, matter, or thing was made or done in good faith. 76: Compensation for owners and occupiers 1: Where a person is authorised to prospect, explore, or mine on or in land by a permit granted under this Act and by an access arrangement in respect of that land, the owner and occupier of the land are entitled to compensation from the permit holder for injurious affection and all other loss or damage suffered, or likely to be suffered, by them as a result of the grant of the permit or the exercise of the rights conferred by this Act, or by the permit, or by an access arrangement; and such compensation shall include all of the following: a: reimbursement of all reasonable costs and expenses incurred by the owner or occupier in respect of negotiations with the permit holder and all reasonable legal and valuation fees in respect of the determination of an access arrangement: b: reimbursement for loss of income: c: a sum by way of solatium for loss of privacy and amenities: d: reimbursement of all reasonable costs incurred in ensuring compliance with, and monitoring of, the access arrangement. 2: In assessing the amount of compensation to which an owner or occupier is entitled under subsection (1), an arbitrator shall assess it in accordance with the provisions of the Public Works Act 1981 a: where any land damaged is flat land the use of which is necessary for the proper working of hill land, the extent to which the value of the hill land is affected shall, in addition, be taken into account; and b: where an Order in Council has been made under section 66 3: For the purposes of subsection (2)(b)— a: the owner and occupier and any other person may give such information to the arbitrator as they possess: b: the arbitrator may require the person desiring access to give such information to the arbitrator as the arbitrator determines regarding the consideration agreed to be paid by that person for an access arrangement entered into with any other owner and occupier in any comparable situation. 4: Any information provided by a person to an arbitrator pursuant to subsection (3)(b) shall be treated as confidential by the arbitrator, and section 75 5: If a person desiring access fails or refuses to give any information pursuant to subsection (3)(b) to the arbitrator's satisfaction, within such reasonable period as is specified by the arbitrator, the arbitrator shall refuse to determine an access arrangement. 6: In considering the provision of compensation as part of an access arrangement, an arbitrator shall have regard to any monetary or non-monetary compensation offered to the owner or occupier by a person desiring access. 7: Where an owner or occupier suffers loss, injury, or damage due to the activities of a permit holder or of a person authorised under section 49(1) 8: In default of agreement between the parties, compensation payable under subsection (7) shall be assessed and determined by an arbitrator appointed in the same manner as for the determination of an access arrangement; and the provisions of this Act relating to the determination of an access arrangement shall, with all necessary modifications, apply accordingly. 77: Compliance with access conditions No person entitled to exercise a right of access by virtue of an access arrangement shall contravene the conditions of the arrangement. 78: Absentee or unknown owner of land 1: Where an owner or occupier of land with whom it is desired to enter into an access arrangement under this Part is— a: of unknown whereabouts and has no known agent; or b: unknown,— the person seeking the right of access may, after notifying Public Trust the District Court Public Trust it 2: On the making of such an order, Public Trust 3: Any compensation payable under an access arrangement to an owner or occupier to which an order under subsection (1) applies shall be paid to Public Trust 4: Where any doubt or dispute arises as to the right of any person to receive compensation held by Public Trust Public Trust Section 78(1) amended 1 March 2017 section 261 District Court Act 2016 Section 78(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 78(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 79: Absentee or unknown owner of minerals 1: If any person desires to enter into an agreement with the owner of a mineral estate for the purpose of acquiring title to or any interest in the mineral estate, and if the owner is— a: unknown; or b: of unknown whereabouts and has no known agent; or c: an infant, a mentally disordered person, or a person under some other legal disability,— then in the absence of steps taken to appoint a person to represent the owner and after notifying Public Trust Public Trust it 2: On the making of such an order, Public Trust 3: Public Trust 4: Any money payable pursuant to any such agreement shall be paid to Public Trust Public Trust it it 5: If any doubt or dispute arises as to the rights of any person to receive the money held by Public Trust Public Trust Public Trust Section 79(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 79(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 80: Access arrangements in respect of Maori land 1: Except where the land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori section 50 section 60 section 76 2: If any Maori land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori Trustee), the owner or the body corporate or the trustee, as the case may be, may appoint the Māori section 50 section 60 section 76 Māori 3: Any compensation agreed upon in any case where the Māori Māori Māori 4: If he or she thinks fit to do so, the Māori 5: Any action or decision of the Māori Māori Section 80(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 80(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 80(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 80(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 80(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Notation on land titles 81: Lodging and notation of permits Section 81 repealed 21 August 2003 section 10 Crown Minerals Amendment Act 2003 82: Lodging of certificates of extension Section 82 repealed 21 August 2003 section 11 Crown Minerals Amendment Act 2003 83: Notation of access rights on land titles 1: On entering into an access arrangement that is of more than 6 months’ duration from its date of commencement, the permit holder or applicant for a permit who entered into the arrangement must as soon as practicable lodge with the Registrar-General of Land a notice of the particulars of the arrangement with a copy of the arrangement attached, and any fee prescribed by regulations under the Land Transfer Act 2017 2: A copy of an arrangement lodged under subsection (1) may have excluded from it any monetary sums paid or agreed to be paid under it. 3: On receipt of a notice under subsection (1) and of the prescribed fee, the Registrar-General of Land must, if everything is in order, note the notice by recording it on the relevant record of title. Section 83 replaced 12 November 2018 section 250 Land Transfer Act 2017 84: Entry of permit and access particulars acts as notice only 1: The notation on a record of title by the Registrar-General of Land of the particulars of a permit or access arrangement operates only as notice of the existence of the permit or access arrangement and does not create any estate or interest under the Land Transfer Act 2017 2: This section does not apply to particulars of a permit granted after 21 August 2003 Section 84(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 84(2) added 21 August 2003 section 12 Crown Minerals Amendment Act 2003 Section 84(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 85: Land Transfer Act 2017 not to limit or affect rights under permits or rights of access 1: Nothing in the Land Transfer Act 2017 Registrar-General of Land section 81 the Registrar-General of Land section 83 2: This section does not apply to particulars of a permit granted after 21 August 2003 Section 85(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 85(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 85(2) added 21 August 2003 section 13 Crown Minerals Amendment Act 2003 Section 85(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 86: Notation of mineral ownership on land titles 1: Any person may apply to the Registrar-General of Land record of title Registrar-General of Land 2: Every application under subsection (1) shall be in the form prescribed under the Land Transfer Act 2017 Registrar-General of Land Land Transfer Act 2017 3: On the lodging with the Registrar-General of Land a: an application under subsection (1); or b: c: an instrument evidencing a transfer of or dealing with the ownership of a mineral; or d: an instrument having the effect of alienating land from the Crown,— the Registrar-General of Land record of title 4: Where the Registrar-General of Land Land Transfer Act 2017 Registrar-General of Land Registrar-General of Land Surveyor-General 5: Section 86(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(3)(b) repealed 21 August 2003 section 14(1) Crown Minerals Amendment Act 2003 Section 86(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 86(5) repealed 12 November 2018 section 250 Land Transfer Act 2017 87: Certified copies of 1: The Registrar-General of Land Land Transfer Act 2017 Registrar-General of Land 2: Any such certified copy that is signed by the Registrar-General of Land Section 87 heading amended 21 August 2003 section 15(1) Crown Minerals Amendment Act 2003 Section 87(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 87(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 87(1) amended 21 August 2003 section 15(2) Crown Minerals Amendment Act 2003 Section 87(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 87(2) amended 21 August 2003 section 15(3) Crown Minerals Amendment Act 2003 88: Recorded documents to be open for search Section 88 repealed 12 November 2018 section 250 Land Transfer Act 2017 89: Revision of records 1: On the receipt by the Registrar-General of Land Registrar-General of Land 2: This section applies only to permits lodged before 21 August 2003 Section 89(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 89(2) added 21 August 2003 section 17 Crown Minerals Amendment Act 2003 Section 89(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 2: Decommissioning of petroleum infrastructure and wells Subpart 2 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89A: Application of this subpart This subpart applies to— a: a permit holder: b: any person who applies for a permit before commencement if the application has not been determined on commencement: c: a licence holder: d: a person who transfers a permit or licence or all or part of a participating interest in a permit or licence on or after commencement, and a person to whom the permit or licence or all or part of a participating interest is transferred: e: a person who on commencement held a permit which has subsequently expired, been surrendered, or revoked (former permit holder): f: a person who on commencement held a licence which has subsequently expired, been surrendered, or revoked (former licence holder). Section 89A inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89B: Relationship between this subpart and other enactments 1: This subpart does not limit or affect any person’s obligations under another enactment (for example, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Health and Safety at Work Act 2015 2: Any requirement under this subpart for a person to supply information does not replace or limit any requirement for that person to supply information under other provisions in this Act or another enactment. 3: An exemption granted under this subpart from complying with a decommissioning requirement under this subpart does not exempt the person from complying with another enactment. Section 89B inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89C: Relationship between sections 42B and 42C, this subpart, and existing conditions of permits and licences 1: If the requirements of sections 42B 42C the provisions 2: On commencement, each permit and licence is deemed to contain a condition that repeats the provisions of subsection (1). Section 89C inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89D: Interpretation In this subpart, unless the context otherwise requires,— commencement current licence holder current permit holder licence Part 1 permit petroleum infrastructure section 89F plugging and abandonment section 89Q well a: means a borehole drilled or re-entered for the purposes of exploring for, appraising, or extracting petroleum; and b: includes— i: any borehole used for injection or reinjection purposes; and ii: any down-hole pressure-containing equipment; and iii: the wellhead; and iv: any other prescribed thing wellhead Section 89D inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89E: Decommissioning 1: In this Act, unless the context otherwise requires, decommissioning a: means an activity undertaken under any enactment (for example, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Health and Safety at Work Act 2015 b: includes (without limitation) and to the extent required by this Act or another enactment or by standards or by a regulatory agency,— i: removing petroleum infrastructure; and ii: plugging and abandoning a well; and iii: undertaking site restoration when production of a well ceases (for whatever reason); and iv: any other prescribed activity in relation to any petroleum infrastructure, or well drilled for the purposes of exploring or prospecting for, or mining of, petroleum. 2: However, if in relation to petroleum infrastructure, no other enactment, relevant standard, or requirement by a regulatory agency contains any requirements or standards relating to the method of decommissioning a particular item of petroleum infrastructure, that infrastructure must be decommissioned by totally removing it. 3: Despite subsection (2), an item of infrastructure left in place in accordance with a process set out in the regulations (if any) must be treated as having been decommissioned. Section 89E inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89F: Petroleum infrastructure In this Act, unless the context otherwise requires, petroleum infrastructure a: means— i: a structure (within the meaning of section 101A A: up until the point when the petroleum enters infrastructure used by a person other than a current permit holder or licence holder; and B: up until the point when the infrastructure is used for distributing or transporting the petroleum, or otherwise ceases to be part of the system for producing petroleum: ii: any equipment attached to, or used in connection with, a structure, well, vessel, or site, including cables, pipelines, flow-lines, gas lift lines, umbilicals, manifolds, and moorings: iii: any other prescribed thing or class of thing used in connection with, prospecting or exploring for, or mining of, petroleum; but b: does not include— i: a well: ii: any unmoored ship: iii: any vehicle: iv: any other prescribed thing or class of thing. Section 89F inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89G: Conditions relating to decommissioning 1: This section applies— a: if the Minister, on or after commencement, grants a permit: b: if the Minister, on or after commencement, consents to the transfer of all or part of a participating interest in a permit under section 41 Petroleum Act 1937 clause 12(1)(a) c: at any time on or after commencement while a permit or licence (whenever granted) is in force. 2: The Minister may (on the grant of a permit, or on giving consent to the transfer of a licence or all or part of a participating interest in a permit or licence, or on giving consent to a change of control, or when agreeing or determining the amount or kind of financial security required, or when specifying a timetable for decommissioning, or if the permit or licence holder consents) impose or vary conditions on the permit or licence holder in relation to the decommissioning of petroleum infrastructure or a well. Section 89G inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89H: Meaning of relevant older petroleum infrastructure 1: In this subpart, relevant older petroleum infrastructure a: means,— i: in relation to a current or former permit holder, petroleum infrastructure— A: put in place or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder) under a permit that was exchanged for the current permit or the former permit under section 32 B: that was in place at the time the exchange occurred: ii: also, in relation to a current or former permit holder, petroleum infrastructure put in place or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder)— A: in a part of the permit area or licence area of any former holder’s permit or licence that was subsequently relinquished or surrendered and included on the same day in the permit area of the current permit or included on the same day in a previous permit area or licence area and then subsequently included in the permit area of the current permit; or B: anywhere outside the permit area or licence area, but used solely to facilitate activities conducted in the permit or licence area to be relinquished or surrendered: iii: in relation to a current or former licence holder, petroleum infrastructure— A: put in place or used by a licence holder (whether the current licence holder or a different licence holder) under a licence that was exchanged for the current licence or the former licence under section 9(3) sections 11 12 Petroleum Act 1937 B: that was in place at the time the exchange occurred: iv: also, in relation to a current or former licence holder, petroleum infrastructure put in place or used by a licence holder (whether the current licence holder or a different licence holder)— A: in a part of the licence area or licence area of any former licence holder that was subsequently surrendered and included on the same day in the licence area of the current licence or included on the same day in a previous licence area and then subsequently included in the licence area of the current licence; or B: anywhere outside the licence area, but used solely to facilitate activities conducted in the licence area to be surrendered: v: also includes any class, or item, of petroleum infrastructure declared by the regulations, in relation to a class of, or individual, permit or licence holders, to be relevant older petroleum infrastructure (irrespective of whether any of the preceding paragraphs apply to the class or item of petroleum infrastructure); but b: excludes any class, or item, of petroleum infrastructure declared by the regulations, in relation to a class of, or individual, current permit or licence holders, not to be relevant older petroleum infrastructure (irrespective of whether any of the preceding subparagraphs apply to the class or item of petroleum infrastructure). 2: In this section and section 89I a: any reference to a permit or a former permit includes a permit or former permit of any kind: b: any reference to a licence or former licence includes a licence or former licence of any kind. Section 89H inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89I: Meaning of relevant older well In this subpart, relevant older well a: means,— i: in relation to a current or former permit holder, a well— A: drilled or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder) under a permit or licence that was exchanged for the current permit under section 32 B: that was in place at the time the exchange occurred: ii: also, in relation to a current or former permit holder, a well drilled or used by a permit holder or licence holder (whether the current permit holder or a different permit holder or licence holder)— A: in a part of the permit area or licence area of any former holder’s permit or licence that was subsequently relinquished or surrendered and included on the same day in a permit area of the current permit or included on the same day in a previous permit area or licence area and then subsequently included in the permit area of the current permit; or B: anywhere outside the permit area or licence area, but used solely to facilitate activities conducted in the permit or licence area to be relinquished or surrendered: iii: in relation to a current or former licence holder, a well— A: drilled or used by a licence holder (whether the current licence holder or a different licence holder) under a licence that was exchanged for the current licence under section 9(3) sections 11 12 Petroleum Act 1937 B: that was in place at the time the exchange occurred: iv: also, in relation to a current or former licence holder, any well put in place or used by the current licence holder or a different licence holder— A: in a part of the licence area or licence area of any former holder’s licence that was subsequently surrendered and included on the same day in the licence area of the current licence or included on the same day in a previous licence area and then subsequently included in the licence area of the current licence; or B: anywhere outside the licence area, but used solely to facilitate activities conducted in the licence area to be surrendered: v: any well included in the permit area of a current licence or permit that was used to delineate or appraise a deposit or occurrence of petroleum that the current permit or licence relates to (whether that well was drilled under the current licence or permit or a former licence or permit): vi: also any class of well or individual well declared in the regulations, in relation to a class of, or individual, permit or licence holders, to be a relevant older well (irrespective of whether any of the preceding subparagraphs apply to the class of well or individual well); but b: excludes any class of well declared by the regulations, in relation to a class of current permit or licence holders, not to be a relevant older well (irrespective of whether any of the preceding subparagraphs apply to the class of well or individual well). Section 89I inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Decommissioning obligations for petroleum infrastructure Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89J: Obligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure 1: A person who holds or will hold a permit at the time the obligation to decommission is required to be completed must carry out, and meet the costs of, the decommissioning of all petroleum infrastructure— a: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit (whenever granted), and all relevant older petroleum infrastructure; and b: in a case where only part of the permit area is to be relinquished or surrendered, located in the area of the permit that is to be relinquished or surrendered, and all relevant older petroleum infrastructure. 2: A person with a participating interest in a permit (whenever granted) who transfers all or any part of their participating interest in the permit on or after commencement, but before decommissioning is completed, must meet the costs of decommissioning all petroleum infrastructure— a: that is— i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit: ii: relevant older petroleum infrastructure; and b: that is in place when consent to the transfer is given under section 41 3: Subsection (2) does not apply in respect of all or any part of a participating interest in a permit that is transferred to the Minister. 4: A transfer of a participating interest in a permit is effective on and after the date of the Minister’s consent to that transfer under section 41 5: Subsections (1), (2), and (4) are subject to sections 89L 89M Section 89J inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89K: Obligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure 1: A person who holds or will hold a licence at the time the obligation to decommission is required to be completed must carry out, and meet the costs of, the decommissioning of all petroleum infrastructure— a: put in place or used for the purpose of carrying out, or otherwise related to, activities authorised by the current licence (whenever granted), and all relevant older petroleum infrastructure; and b: in a case where only part of the licence area is to be surrendered, located in the area of the licence that is to be surrendered, and all relevant older petroleum infrastructure. 2: A licence holder or any person with a participating interest in a licence who transfers the licence, or all or any part of their participating interest in the licence, on or after commencement but before decommissioning is completed must meet the costs of decommissioning all petroleum infrastructure— a: that is— i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the licence: ii: relevant older petroleum infrastructure; and b: that is in place when consent to the transfer is given under the Petroleum Act 1937 clause 12(1)(a) 3: Subsection (2) does not apply in respect of a licence, or all or any part of a participating interest in a licence, that is transferred to the Minister. 4: A transfer of a licence or a participating interest in a licence is effective on settlement of the agreement to transfer the licence or the interest in the licence. 5: Subsections (1), (2), and (4) are subject to sections 89L 89M Section 89K inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89L: Further obligations on transferors and transferees and Minister 1: This section applies to— a: a person ( person A b: a person ( person B c: the Minister. 2: Person A continues (to the extent provided in section 89M a: that is— i: put in place or used for the purpose of carrying out, or otherwise related to, activities authorised by the permit or licence: ii: relevant older petroleum infrastructure; and b: that is in place when consent to the transfer is given under section 41 Petroleum Act 1937 clause 12(1)(a) 3: The Minister, before consenting to the transfer of a licence or a participating interest in a permit or licence, must be satisfied that person B has, in accordance with the directions of the Minister,— a: entered into a financial security (with all the other persons with a participating interest in the licence or permit) that a permit holder or licence holder is required to obtain and maintain in accordance with sections 89ZL to 89ZR b: become a party to an existing financial security (entered into by all the other persons with a participating interest in the licence or permit) that was entered into previously in accordance with those sections, and within the time specified by the Minister. 4: A financial security referred to in subsection (3) may also be designed and operate to satisfy the requirements of section 89T(3) 5: If person B fails to comply with subsection (3),— a: to the extent provided in section 89M b: person A must be treated as continuing to be the holder of the licence or the participating interest in the permit or licence that was the subject of the transfer. Section 89L inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89M: Extent of liability of former permit and licence holders under sections 89J(2) and 89K(2) 1: One or more persons who are liable to meet the costs of decommissioning under section 89J(2) 89K(2) section 89J(1) or 89K(1) 2: Persons who are liable to meet the costs of decommissioning that are not met by the persons referred to in section 89J(1) 89K(1) a: the former licence or permit holder or person with a participating interest in a licence or permit ( person B person A b: if there are still any unpaid decommissioning costs, the person ( person C c: if there are still any unpaid decommissioning costs, the person ( person D d: if there are still any unpaid decommissioning costs, the person ( person E e: if there are still unpaid decommissioning costs, and there are still earlier former licence holders or former holders of a participating interest in a permit or licence, then those persons are liable, in an order of priority consistent with the formula in paragraphs (a) to (d), for the unpaid decommissioning costs. Section 89M inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89N: When decommissioning obligations of persons under section 89J, 89K, or 89L arise 1: Any person liable to carry out, or meet the costs of, decommissioning petroleum infrastructure, or both, under section 89J 89K 89L a: in a case where production permanently ceases in the area of the current permit or licence before the permit or licence expires,— i: by a date or dates agreed with the Minister for the completion of the decommissioning and the completion of earlier milestones in the decommissioning process; or ii: if there is no such agreed date or dates, by a date that is 2 years before the expiry of the current licence or permit, by a date or dates specified by the Minister by notice in writing to the person: b: the expiry or surrender of the current permit or licence: c: in a case where only part of the current permit area or licence area is to be relinquished or surrendered, before the Minister approves the partial relinquishment or surrender of the permit under section 35C 40 Petroleum Act 1937 clause 12(a) 2: However, if a permit or licence is revoked, the person who held the permit or licence immediately before it was revoked must carry out their decommissioning obligations under this subpart by a time agreed with, or specified by, the Minister. 3: To avoid doubt,— a: the obligations imposed by subsections (1) and (2) continue in force even if— i: the relevant permit or licence has expired or has been surrendered or revoked: ii: the relevant person has ceased to be a permit or licence holder or the holder of any participating interest in a licence or permit; and b: a person may carry out their obligations under subsections (1) and (2) even if their permit or licence has expired, or has been revoked, or, as the case requires, relinquished or surrendered. 4: A permit holder or licence holder also acts in breach of their decommissioning obligations if they— a: give notice under section 42C(3) b: fail within a period after that notice agreed with the Minister, or in the event that there is no agreement, within a period after that notice specified by the Minister, to complete milestones agreed or specified under subsection (1)(a) to decommission the petroleum infrastructure for which they will be responsible for decommissioning, or fail to obtain an extension to that date or those dates from the Minister. 5: A certificate issued by the chief executive as to the date when decommissioning obligations took effect under this section— a: must be given to the person who has those obligations as soon as practicable after they take effect; and b: is conclusive evidence in any proceedings under this Act, in the absence of proof to the contrary, of when those obligations took effect. Section 89N inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89O: Criteria for agreeing or setting time frames for decommissioning When considering under section 89N a: the size of the field to be decommissioned: b: the complexity of the required decommissioning: c: the subpart 2 d: the decommissioning cost estimate: e: the estimated date on which production in the field will cease: f: the time required to comply with requirements under other enactments before decommissioning can commence or be completed: g: any other matters the Minister considers relevant. Section 89O inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89P: Joint and several liability 1: Subsection (2) applies if section 89J 2: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the permit holder in carrying out, and meeting the costs of, decommissioning petroleum infrastructure. 3: Subsection (4) applies if section 89K 4: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the licence holder in relation to carrying out, and meeting the costs of, decommissioning petroleum infrastructure. Section 89P inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Plugging and abandonment of wells Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89Q: What is plugging and abandonment of well A well is plugged and abandoned a: the well is sealed in order to make it permanently inoperable; and b: the sealing is conducted in accordance with any relevant enactment or standard, and the requirements of any regulatory authority; and c: the wellhead is removed; and d: any remediation of the site required by another enactment is completed; and e: any other prescribed action required to plug and abandon the well is completed. Section 89Q inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Decommissioning obligations in relation to wells Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89R: Obligations of permit holders, transferors, and transferees: decommissioning of wells 1: A person who holds or will hold a permit at the time the obligation to plug and abandon 1 or more wells is required to be completed must carry out, and meet the costs of, the plugging and abandoning of all wells— a: drilled or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit (whenever granted), and all relevant older wells; and b: in a case where only part of the permit area is to be relinquished or surrendered, located in the area of the permit that is to be relinquished or surrendered, and all relevant older wells. 2: A person with a participating interest in a permit (whenever granted) who transfers all or any part of their interest in the permit on or after commencement, but before decommissioning is completed, must meet the costs of plugging and abandoning all wells— a: that are— i: drilled or used for the purposes of carrying out, or otherwise related to, activities authorised by the current permit: ii: relevant older wells; and b: that are in place when consent to the transfer is given under section 41. 3: Subsection (2) does not apply in respect of all or any part of a participating interest in a permit that is transferred to the Minister. 4: A transfer of a participating interest in a permit is effective on and after the date of the Minister’s consent to that transfer under section 41 5: Subsections (1) and (2) are subject to sections 89T 89U Section 89R inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89S: Obligations of licence holders, transferors, and transferees: decommissioning of wells 1: A person who holds or will hold a licence at the time the obligation to plug and abandon 1 or more wells is required to be completed must carry out, and meet the costs of, plugging and abandoning all wells— a: drilled or used for the purposes of, or otherwise related to, activities authorised by the current licence, and all relevant older wells; and b: in a case where only part of the licence area is to be surrendered, located in the area of the licence that is to be surrendered, and all relevant older wells. 2: A licence holder or person with a participating interest in a licence who transfers the licence, or all or any part of their participating interest in the licence, on or after commencement but before decommissioning is completed must meet the costs of plugging and abandoning all wells— a: that are— i: drilled or used for the purposes of carrying out activities authorised by, or otherwise related to, the licence: ii: relevant older wells; and b: that are in place when consent to the transfer is given under the Petroleum Act 1937 clause 12(1)(a) 3: Subsection (2) does not apply in respect of any licence or all or part of a participating interest in a licence that is transferred to the Minister. 4: A transfer of a licence or a participating interest in a licence is effective on settlement of the agreement to transfer the licence or the interest in the licence. 5: Subsections (1) and (2) are subject to sections 89T 89U Section 89S inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89T: Further obligations on transferors and transferees and Minister 1: This section applies to— a: a person ( person A b: a person ( person B 2: Person A continues (to the extent provided in section 89U a: that is— i: put in place or used for the purposes of carrying out, or otherwise related to, activities authorised by the permit or licence: ii: a relevant older well; and b: that is in place when the transfer is consented to under section 41 Petroleum Act 1937 clause 12(1)(a) 3: The Minister, before consenting to the transfer of a licence or a participating interest in a permit or licence, must be satisfied that person B has, in accordance with the directions of the Minister,— a: entered into a financial security (with all the other persons with a participating interest in the licence or permit) that a permit holder or licence holder is required to obtain and maintain in accordance with sections 89ZL to 89ZR b: become a party to an existing financial security (entered into by all the other persons with a participating interest in the licence or permit) that was entered into previously in accordance with those sections, and within the time specified by the Minister. 4: A financial security referred to in subsection (3) may also be designed and operate to satisfy the requirements of section 89L(3) 5: If person B fails to comply with subsection (3),— a: to the extent provided in section 89U b: person A must be treated as continuing to be the holder of the licence or the participating interest in the permit or licence that was the subject of the transfer. Section 89T inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89U: Extent of liability of former permit and licence holders under sections 89R and 89S 1: One or more persons who are liable to meet the costs of plugging and abandonment under section 89R(2) 89S(2) section 89R(1) or 89S(1) 2: Persons who are liable to meet the costs of decommissioning that are not met by the persons referred to in section 89R(1) 89S(1) a: the former licence or permit holder or person with a participating interest in a licence or a permit ( person B person A b: if there are still any unpaid decommissioning costs, the person ( person C c: if there are still any unpaid decommissioning costs, the person ( person D d: if there are still any unpaid decommissioning costs, the person ( person E e: if there are still unpaid decommissioning costs, and there are still earlier former licence holders or former holders of a participating interest in a permit or licence, then those persons are liable, in an order of priority consistent with the formula in paragraphs (a) to (d), for the unpaid decommissioning costs. Section 89U inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89V: When decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise 1: A person liable to carry out, or meet costs of, plugging and abandoning wells, or both, under section 89R 89S 89T a: in a case where production permanently ceases in the area of the current permit or licence before the permit or licence expires,— i: by a date or dates agreed with the Minister for the completion of the decommissioning and the date or dates of completion of earlier milestones in the decommissioning process; or ii: if there is no such agreed date by the date or dates that is 2 years before the expiry of the current licence or permit, by a date or dates specified by the Minister by notice in writing to the person: b: the expiry or surrender of the current permit or licence: c: in a case where only part of the current permit area or licence area is to be relinquished or surrendered, before the Minister approves the partial relinquishment or surrender of the permit under section 35C 40 Petroleum Act 1937 clause 12(a) 2: However, if a permit or licence is revoked, the person who held the permit or licence immediately before it was revoked must carry out their decommissioning obligations under this subpart by a time agreed with, or specified by, the Minister. 3: To avoid doubt, the obligations imposed by subsections (1) and (2) continue in force even if— a: the relevant permit or licence has expired or has been surrendered or revoked: b: the relevant person has ceased to be a permit or licence holder or the holder of any participating interest in a licence or permit. 4: A permit holder or licence holder also acts in breach of their decommissioning obligations if they— a: give notice under section 42C(3) b: fail within a period after that notice agreed with the Minister, or in the event that there is no agreement, within a period after that notice specified by the Minister, to complete milestones agreed or specified under subsection (1)(a) to plug and abandon the well or wells for which they will be responsible for decommissioning, or fail to obtain an extension to that date or those dates from the Minister. 5: A certificate issued by the chief executive as to the date when decommissioning obligations took effect under this section— a: must be given to the person who has those obligations as soon as practicable after they take effect; and b: is conclusive evidence, in any proceedings under this Act, in the absence of proof to the contrary, of when those obligations took effect. Section 89V inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89W: Criteria for agreeing or setting time frames for decommissioning of wells When considering under section 89V a: the size of the field to be decommissioned: b: the complexity of the required decommissioning: c: the subpart 2 d: the decommissioning cost estimate: e: the estimated date on which production in the field will cease: f: the time required to comply with requirements under other enactments before decommissioning can commence or be completed: g: any other matters the Minister considers relevant. Section 89W inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89X: Joint and several liability 1: Subsection (2) applies if section 89R 2: Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder in relation to carrying out, and meeting the costs of, plugging and abandoning wells. 3: Subsection (4) applies if section 89S 4: Each person to whom this subsection applies is jointly and severally liable to perform the obligations of the licence holder in relation to carrying out, and meeting the costs of, plugging and abandoning wells. Section 89X inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Exemptions and deferrals Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89Y: Exemption and deferral powers of Minister 1: The Minister may, on application or on their own initiative, and if they consider it appropriate,— a: exempt a permit holder or licence holder from the requirements of this subpart to decommission a particular item of petroleum infrastructure or to plug and abandon a particular well; or b: defer the time for complying with an obligation to decommission a particular item of petroleum infrastructure or to plug and abandon a particular well. 2: The Minister may— a: grant an exemption or a deferral on any terms and conditions that they consider appropriate: b: amend or revoke an exemption or a deferral: c: grant an exemption for an indefinite or a limited period: d: replace an exemption or a deferral either before or when it expires. 3: An application under subsection (1) must be made in the prescribed manner (if any) and be accompanied by the prescribed fee (if any). 4: If the Minister grants an exemption or a deferral under this section, the Minister must provide the licence holder or permit holder with reasons for their decision and state them in the notice of exemption or deferral. 5: Class exemptions and class deferrals may be granted by regulations ( see section 105 Section 89Y inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89Z: Criteria for granting exemption 1: Before granting an exemption under section 89Y a: be satisfied— i: that the requirements are unreasonable or inappropriate in the particular case; or ii: that events have occurred that make the requirements unnecessary or inappropriate in the particular case; or b: be satisfied that the petroleum infrastructure or well in question will be used for a purpose other than exploration for, or mining of, petroleum by the person to be granted the exemption. 2: For the purposes of applying subsection (1)(b), the Minister may consider the following matters: a: the ownership of the petroleum infrastructure or well in question: b: any prescribed criteria: c: any other matter the Minister considers relevant. Section 89Z inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZA: Criteria for grant of deferral 1: Before granting a deferral under section 89Y 2: For the purposes of applying subsection (1), the Minister must consider— a: whether there is economic value to the owners of the petroleum infrastructure or well in deferring the decommissioning of that petroleum infrastructure or plugging and abandoning that well: b: the impact of failing to grant a deferral on the operation of associated petroleum infrastructure and wells: c: any plans for field development: d: the likelihood of an increase or a decrease in the costs of decommissioning during any deferral period, and the extent of that increase, so far as it can be estimated: e: any other matter the Minister considers relevant. Section 89ZA inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Reporting requirements Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZB: Subpart 2 decommissioning plan 1: A person who is, or will be, obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a subpart 2 a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The subpart 2 a: describe the planned decommissioning activities and the processes to be used to carry out those activities, and set out a proposed schedule for those activities; and b: be accurate as at the date of submission to the chief executive; and c: contain the prescribed information (if any); and d: meet any further prescribed requirements. Section 89ZB inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZC: Decommissioning cost estimate 1: A person who is, or will be, obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a cost estimate of all anticipated decommissioning work (a decommissioning cost estimate a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The decommissioning cost estimate must— a: comply with the standards prescribed (if any) for developing that estimate; and b: meet any further prescribed requirements. 3: The Minister may require any person who submits a cost estimate under subsection (1) to supply further information relating to the cost estimate within a time specified by the Minister. Section 89ZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZD: Asset registers to be submitted to chief executive 1: A permit holder or licence holder who is obliged, under this subpart, to carry out and meet the costs of decommissioning ( A a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The asset register must— a: be a complete and accurate list of the petroleum infrastructure and wells that A must decommission under sections 89J 89K 89R 89S b: contain the prescribed information (if any); and c: meet any further prescribed requirements. Section 89ZD inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZE: Decommissioning completion report 1: A person who is obliged, under this subpart, to carry out and meet the costs of decommissioning must submit a decommissioning completion report to the chief executive— a: at the prescribed times (if any); and b: within a specified time of the occurrence of prescribed events (if any); and c: on request from the Minister, within any reasonable time specified in the request. 2: The decommissioning completion report must— a: contain the prescribed information (if any); and b: meet any further prescribed requirements. Section 89ZE inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Ongoing monitoring of financial position Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZF: Permit and licence holders must provide information needed to monitor financial position 1: A permit holder or licence holder ( A 2: A must submit a copy of the information to the Minister— a: at the prescribed times (if any); or b: on request from the Minister, within any reasonable time specified in the request. 3: The Minister may, by written notice, require the person to provide any further information that the Minister considers relevant and reasonably necessary. 4: The person must provide a copy of the information to the Minister— a: in the form and in the manner set out in the notice; and b: within any reasonable time specified in the notice requiring the information. Section 89ZF inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Financial capability assessments Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZG: Minister may assess financial capability to meet decommissioning obligations 1: This section applies to a permit holder or licence holder ( A 2: The Minister may carry out an assessment to determine whether A is highly likely to have the financial capability to carry out and meet the costs of decommissioning (a financial capability assessment 3: The Minister may carry out a financial capability assessment at any time while the relevant permit or licence is in force. 4: The Minister may appoint any suitably qualified person to carry out a financial capability assessment on their behalf. Section 89ZG inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZH: Criteria for considering whether to carry out financial capability assessment When considering whether to carry out a financial capability assessment under section 89ZG a: information received under the following: i: section 42B ii: section 89ZB iii: section 89ZC iv: section 89ZD v: section 89ZF b: the circumstances of the particular permit holder or licence holder; and c: any information relating to current or emerging risks to the permit holder’s or licence holder’s ability to comply with their obligations under this subpart; and d: any other matters the Minister considers relevant. Section 89ZH inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZI: Process for carrying out financial capability assessment When carrying out a financial capability assessment under section 89ZG a: may take into account information received under the following: i: section 42B ii: section 89ZB subpart 2 iii: section 89ZC iv: section 89ZD v: section 89ZF b: may take into account any other information the Minister considers relevant; and c: must meet the prescribed requirements (if any). Section 89ZI inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZJ: Minister must notify outcome of financial capability assessment As soon as practicable after a financial capability assessment under section 89ZG a: the Minister’s conclusion as to whether they are highly likely to have the financial capability to carry out and meet the costs of decommissioning; and b: the reasons for that conclusion. Section 89ZJ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZK: Relevant persons must provide supporting information 1: This section applies to— a: a permit holder or licence holder who may be subject to a financial capability assessment under section 89ZG b: any other person the Minister considers is likely to hold information that is relevant and reasonably necessary to carry out the financial capability assessment (for example, parent companies, banks, or auditors). 2: The person must keep a record of any information prescribed by regulations as relevant and reasonably necessary to enable the Minister to carry out a financial capability assessment. 3: The person must provide a copy of the information to the Minister— a: on or before the prescribed time (if any); or b: on request from the Minister, within any reasonable time specified in the request. 4: The Minister may, by written notice, require the person to provide any further information that the Minister considers relevant and reasonably necessary to carry out the financial capability assessment. 5: The person must provide a copy of the information to the Minister— a: in the form and in the manner set out in the notice; and b: within any reasonable time specified in the notice requiring the information. 6: To avoid doubt, information gathered under this section is subject to section 90A Section 89ZK inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Financial securities Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZL: Permit and licence holders must hold 1 or more financial securities 1: A person who holds a permit or a licence (whenever granted) must obtain and maintain 1 or more financial securities, of a kind, and in an amount, determined by the Minister under section 89ZN(1) 2: The Minister must, as soon as is reasonably practicable after commencement, give each permit holder or licence holder a notice requiring them— a: to advise the chief executive in the prescribed manner (if any), by a specified date, of the kind of security, and the proposed amount to be secured, that the permit holder or licence holder considers appropriate; and b: to provide any information specified by the Minister to enable the Minister to make decisions on those matters. 3: However, if the permit or licence holder already maintains a financial security of the kind referred to in subsection (1) when they receive notice under subsection (2), they may propose that the Minister approve the continuation of that security (with or without modifications) as the Minister’s determination under subsection (1). 4: The permit holder must provide the information referred to in subsection (2)(b) and any proposal under subsection (3)— a: in the form and manner set out in the notice; and b: within any reasonable time set out in the notice requiring the information. 5: Any financial security referred to in this section is obtained or maintained on behalf of the Crown. 6: To avoid doubt, information gathered under this section is subject to section 90A Section 89ZL inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZM: Matters to which Minister must have regard in setting kind and amount of security 1: The Minister must, when determining the amount to be secured and the kind of security to be obtained by a permit holder or licence holder, take into account— a: the information (if any) provided by the permit holder or licence holder under section 89ZL(2)(b) section 89ZL(3) b: the prescribed criteria (if any) relating to particular kinds and amounts of financial security (including any prescribed hierarchy of securities and whether there is a preferred kind of security in the particular situation): c: the following: i: the estimated cost of decommissioning: ii: the extent to which the amount to be secured will cover the estimated cost of decommissioning: iii: the extent to which the kind of security to be required will ensure that the Crown will obtain payment of the amount in the event the permit holder or licence holder fails to carry out the decommissioning or separately meet those costs: d: the circumstances of the particular permit holder or licence holder: e: the time needed for the particular permit holder or licence holder to comply with their obligations under this subpart, and the time when work will need to start in order to achieve this: f: the estimated administration costs to the particular permit holder or licence holder of meeting and maintaining the security for the required period (including the costs of maintaining any possible increase in the amount required to be secured while the security is in place): g: any information relating to current or emerging risks to the permit holder’s or licence holder’s ability to comply with their obligations under this subpart: h: the conclusions of the most recent financial capability assessment (if any): i: any other matters the Minister considers relevant. 2: The Minister may require a permit holder or licence holder to give the Minister any information that the Minister considers will assist them in determining what kind of financial security should be obtained and the amount to be secured. 3: The permit holder or licence holder must provide the information— a: in the form and in the manner set out in the notice; and b: within any reasonable time specified in the notice requiring the information. Section 89ZM inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZN: Decision of Minister 1: The Minister, after following the processes set out in sections 89ZL 89ZM a: determine— i: the kind of security to be obtained, or entered into, by the permit holder or licence holder; and ii: the amount to be secured; and b: impose any conditions of the financial security that the Minister considers appropriate. 2: Before making a determination under subsection (1), the Minister must be satisfied that it complies with the prescribed criteria (if any) relating to particular kinds and amounts of financial security to be obtained and maintained. 3: The Minister may also direct how the security must be held, in accordance with the prescribed requirements (if any). 4: If the security required is in the form of a bond or a cash deposit paid to the chief executive,— a: if the security relates to a participating interest in a permit, section 97 b: if the security relates to a licence or a participating interest in a licence, section 47H clause 12(1)(a) 5: If the security required is in the form of a bond or cash or a cash deposit held either in accordance with section 97 6: The Minister must give the permit holder or licence holder a notice of the Minister’s decision specifying— a: the kind of financial security to be obtained: b: the amount to be secured: c: the time by which it must be obtained: d: if applicable, how it is to be held: e: a summary of the reasons for the Minister’s decision. Section 89ZN inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZO: Alteration of amount secured or kind of security required 1: The Minister may, at any time,— a: require a permit holder or licence holder referred to in section 89ZL(1) b: allow a permit holder or licence holder referred to in section 89ZL(1) c: require the permit holder or licence holder referred to in section 89ZL(1) 2: When exercising a power conferred by subsection (1), the Minister must take into account the matters referred to in section 89ZM(1)(b) to (j) Section 89ZO inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZP: Minister must notify required changes in kind of security or amount secured 1: The Minister must, after exercising a power under section 89ZO(1)(a), (b), or (c) section 89ZO(1)(a) or (c) 2: The notice must be accompanied by reasons for the required change. Section 89ZP inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZQ: Permit holder or licence holder may object to kind of security or amount set or required change to those matters 1: A permit holder or licence holder who receives written notice under section 89ZN(4) 89ZP(1) 2: A notice of objection under subsection (1) must be accompanied by reasons for, and evidence or other information supporting, the objection and refer to the criteria in section 89ZM 3: If a permit holder or licence holder makes an objection under subsection (1), they cannot make any subsequent objection to the required security or required change described in the notice unless there is a change in circumstances. Section 89ZQ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZR: What happens if permit holder or licence holder makes objection 1: If a permit holder or licence holder makes an objection under section 89ZQ a: give the permit holder or licence holder an opportunity to be heard; and b: consider and determine the objection within a reasonable time after its receipt. 2: The Minister must— a: dismiss the objection; or b: uphold the objection in whole or in part. 3: Not later than 30 working days after deciding whether to uphold an objection, the Minister must send to the permit holder or licence holder— a: a copy of the decision, which must include the reasons for the decision; and b: written notice of any required or permitted changes to the kind of security to be obtained and maintained or the amount secured, as the case requires; and c: if paragraph (b) applies, and the changes are required changes, the time by which the permit holder or licence holder must comply with the changes referred to in paragraph (b). Section 89ZR inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 4: Enforcement, remedies, and appeals Subpart 4 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZC: Application of this subpart This subpart applies in relation to any contravention or alleged contravention of this Act or the regulations. Section 89ZZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZD: Chief executive or enforcement officer may accept enforceable undertakings 1: The chief executive or an enforcement officer may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or the regulations. 2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. 2015 No 70 s 123 Section 89ZZD inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZE: Notice of decision and reasons for decision The chief executive or enforcement officer must give the person seeking to make an enforceable undertaking written notice of— a: their decision to accept or reject the undertaking; and b: the reasons for the decision. 2015 No 70 s 124 Section 89ZZE inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZF: When enforceable undertaking is enforceable An enforceable undertaking takes effect and becomes enforceable when the chief executive’s or enforcement officer’s decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the chief executive or enforcement officer. 2015 No 70 s 125 Section 89ZZF inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZG: 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 to a fine not exceeding $200,000. 2015 No 70 s 126 Section 89ZZG inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZH: Contravention of enforceable undertaking 1: The chief executive or an enforcement officer may apply to the District Court for an order referred to in subsection (2) if a person contravenes an enforceable undertaking. 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 the department that, with the authority of the Prime Minister, is responsible for the administration of this Act— a: the costs of the proceedings; and b: the reasonable costs of the chief executive or the enforcement officer in monitoring compliance with the enforceable undertaking in the future. 4: This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates. 2015 No 70 s 127 Section 89ZZH inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZI: 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 chief executive,— a: withdraw the undertaking; or b: vary the undertaking. 2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations. 2015 No 70 s 128 Section 89ZZI inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZJ: Proceedings for alleged contravention 1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention. 2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who— a: has made an enforceable undertaking in relation to that contravention; and b: has completely discharged the enforceable undertaking. 3: The chief executive or an enforcement officer may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed. 4: If the chief executive or an enforcement officer accepts an enforceable undertaking before the proceedings are completed, the chief executive or an enforcement officer must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129 Section 89ZZJ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Compliance notices Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZK: Power to issue compliance notices 1: This section applies if the chief executive or an enforcement officer reasonably believes that a person— a: is contravening a provision of this Act or the regulations; or b: is likely to contravene a provision of this Act or the regulations. 2: The chief executive or enforcement officer may issue a compliance notice requiring the person to— a: remedy the contravention; or b: prevent a likely contravention from occurring; or c: remedy the things or activities causing the contravention or likely to cause a contravention. 3: The chief executive or enforcement officer may issue a compliance notice only, if in the opinion of the chief executive or enforcement officer,— a: the contravention or likely contravention is or would be sufficiently serious to justify the issue of a compliance notice; or b: there has been a repeated contravention or a repetition of behaviour that is likely to lead to a contravention occurring; or c: the contravention or behaviour likely to lead to a contravention has been committed intentionally or recklessly or involves negligence on the person’s part. 4: However, each of the criteria specified in subsection (3)(a) to (c) may be considered on the basis of the information readily available to the chief executive or enforcement officer, and the chief executive or enforcement officer need not make further enquiries before applying those criteria. 2015 No 70 s 101 Section 89ZZK inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZL: Content of compliance notices 1: A compliance notice must state— a: that the chief executive or an enforcement officer believes, on reasonable grounds, that the person— i: is contravening a provision of this Act or the regulations; or ii: is likely to contravene a provision of this Act or the regulations; and b: the provision the chief executive or enforcement officer believes, on reasonable grounds, is being, or is likely to be, contravened; and c: briefly, how the provision is being, or is likely to be, contravened; and d: a period within which the person is required to remedy— i: the contravention or likely contravention; or ii: the things or activities causing the contravention or likely to cause a contravention. 2: A compliance notice may include recommendations concerning— a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates: b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 2015 No 70 s 102 Section 89ZZL inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZM: Compliance with compliance notice 1: A person who has been issued with a compliance notice must comply with the notice within the period specified in the notice. 2: A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding $200,000. 3: However, in a prosecution for an offence against subsection (2), the defendant has a defence if they prove that they had a reasonable excuse for failing to comply with the compliance notice within the required period. 4: It is not an offence to fail to comply with recommendations in a compliance notice. 2015 No 70 s 103 Section 89ZZM inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZN: Extension of time for compliance with compliance notices 1: This section applies if a person has been issued with a compliance notice. 2: The chief executive or enforcement officer may, on their own initiative or on the application of the person, by written notice given to the person, extend the compliance period for the compliance notice. 3: However, the chief executive or enforcement officer may extend the compliance period only if the period has not ended. 4: If a person applies for an extension of time for complying with a compliance notice not less than 2 weeks before the time for compliance expires but a decision has not been made on the application before the time for compliance expires, the period for compliance is deemed to be extended for a period of 2 weeks, to enable a decision on extension to be made within that period. 5: In this section, compliance period a: means the period stated in the compliance notice under section 89ZZL(1) b: includes any extension of that period under this section. 2015 No 70 s 104 Section 89ZZN inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 General provisions Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZO: General provisions relating to compliance notices 1: A compliance notice must be in writing. 2: A compliance notice may be addressed to any person under the person’s legal name or usual business name. 2015 No 70 s 112 Section 89ZZO inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZP: Changes to notice by chief executive or enforcement officer The chief executive or an enforcement officer (as the case may be) may make minor changes to a compliance notice— a: for clarification; or b: to correct errors or references; or c: to reflect changes of address or other circumstances. 2015 No 70 s 113 Section 89ZZP inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZQ: Chief executive or enforcement officer may vary or cancel compliance notice Except as provided in section 89ZZP 2015 No 70 s 114 Section 89ZZQ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZR: Formal irregularities or defects in compliance notice A compliance notice is not invalid merely because of— a: any defect, irregularity, omission, or want of form in the compliance notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; or b: a failure to use the correct name of the person to whom the compliance notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 89ZZS 2015 No 70 s 115 Section 89ZZR inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZS: Issue of compliance notice 1: A compliance notice may be issued to a person by— a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 16 years; or c: leaving it for the person at the person’s place of business or work with another person; or d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand. 2: Regulations may prescribe the steps a person to whom a compliance notice is issued must take to bring it to the attention of other persons. 3: A compliance notice— a: posted under subsection (1)(d) is to be treated as having been received by the person on the fifth working day after the day on which it was posted: b: delivered electronically under subsection (1)(e) is to be treated as having been received at the time the electronic communication first entered an information system that is outside the control of the chief executive or an enforcement officer. 2015 No 70 s 116 Section 89ZZS inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Civil proceedings for non-compliance with compliance notices Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZT: Civil proceedings relating to non-compliance with compliance notice 1: On an application by the chief executive or an enforcement officer, the District Court may make an order— a: compelling a person to comply with a compliance notice; or b: restraining a person from contravening a compliance notice. 2: The court may make an order— a: under subsection (1)(a), if it is satisfied that the person has refused or failed to comply with a compliance notice: b: under subsection (1)(b), if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance notice. 3: The courts may make an order under subsection (2) whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the compliance notice was issued. 2015 No 70 s 122 Section 89ZZT inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Pecuniary penalties Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZU: Reasonable mistake defence in pecuniary penalty proceedings 1: Every person has a defence to proceedings for pecuniary penalties under section 89ZZV a: the breach was due to a reasonable mistake or due to events outside of the person’s control; and b: the breach was remedied (to the extent that it could be remedied) as soon as practicable after the breach was discovered by the person or brought to the person’s notice; and c: the person has compensated or offered to compensate any person who has suffered loss or damage by that breach. 2: For the avoidance of doubt, a mistake Section 89ZZU inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZV: Pecuniary penalties 1: A court of competent jurisdiction may, on the application of the chief executive, order a person to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the person— a: has contravened any of the following provisions: i: sections 89J 89K ii: sections 89R 89S iii: section 89ZL iv: section 89ZV b: has attempted to contravene such a provision; or c: has aided, abetted, counselled, or procured any other person to contravene such a provision; or d: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene such a provision; or e: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision; or f: has conspired with any other person to contravene such a provision. 2: In determining an appropriate penalty under this section, the court must have regard to all relevant matters, in particular,— a: the nature and extent of the contravention; and b: the nature and extent of any loss or damage suffered by any person because of the contravention; and c: any gains made or losses avoided by the person in contravention; and d: the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence). 3: 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 million (or, in the case of a contravention referred to in subsection (1)(a)(iv), $5 million); or ii: either— A: if it can readily be ascertained and if the court is satisfied that the contravention resulted in a cost to the Crown or another person to remedy the effects of the contravention, 3 times the commercial gain; or B: if the commercial gain cannot be readily ascertained, 10% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period during which the contravention occurred. 4: 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. 5: Where conduct by any person constitutes a contravention of 2 or more provisions referred to in subsection (1)(a), proceedings may be instituted under this Act against that person in relation to the contravention of any 1 or more of the provisions; but no person is liable to more than 1 pecuniary penalty under this section in respect of the same conduct. 2003 No 52 s 107A Section 89ZZV inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZW: Proceedings for pecuniary penalties In any proceedings under this subpart for a pecuniary penalty,— a: the standard of proof is the standard of proof that applies in civil proceedings; and b: the chief executive may, by order of the court, obtain discovery and administer interrogatories. 2003 No 52 s 107B Section 89ZZW inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Criminal liability for knowingly failing to carry out certain obligations Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZX: Criminal liability for knowingly failing to carry out certain obligations 1: This section applies to a person ( A A’s decommissioning obligations a: carrying out or meeting the costs (or both) of decommissioning petroleum infrastructure under section 89J 89K section 89N b: carrying out or meeting the costs (or both) of plugging and abandoning wells under section 89R 89S section 89V 2: A commits an offence if they do an act, fail to act, or engage in a course of conduct knowing that the act, failure to act, or course of conduct will result in A not being able to meet A’s decommissioning obligations. 3: If A is a permit holder or licence holder that is a body corporate who, during the period while they are a current permit or licence holder commits an offence under subsection (2), any person who is a director of A when A commits the offence also commits an offence. 4: If A is a body corporate who commits an offence under subsection (2) in relation to decommissioning obligations under section 89N(2) 89V(2) 5: A person who commits an offence under this section is liable on conviction,— a: in the case of an individual, to imprisonment for a term not exceeding 2 years, or a fine not exceeding $1 million, or both; and b: in any other case, the greater of the following: i: a fine not exceeding $10 million: ii: a fine not exceeding 3 times the cost of decommissioning. 6: Proceedings under this section may be commenced within 3 years after the matter giving rise to the offence was discovered or ought reasonably to have been discovered. Section 89ZZX inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZY: Defence to criminal liability for directors 1: In any proceeding against a director under section 89ZZX(3) a: A took all reasonable steps to ensure A would meet A’s decommissioning obligations; or b: the director took all reasonable steps to ensure that A would meet A’s decommissioning obligations; or c: in the circumstances, the director could not reasonably have been expected to take steps to ensure that A would meet A’s decommissioning obligations. 2: In this section,— A section 89ZZX A’s decommissioning obligations section 89ZZX Section 89ZZY inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Relationship between pecuniary penalties and criminal liability Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZZ: Relationship between pecuniary penalties and criminal liability 1: A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding for a pecuniary penalty has been commenced against the person in relation to the same conduct. 2: A proceeding for a pecuniary penalty against a person in relation to particular conduct is stayed if a criminal proceeding against the person for that conduct results in a conviction. Section 89ZZZ inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Restrictions on indemnities and insurance Heading inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZZA: Restriction on indemnities 1: A body corporate must not indemnify any director, employee, or agent, or former director, employee, or agent, of the body corporate or of any related body corporate ( person C a: any pecuniary penalty imposed on person C under this Act; or b: any costs incurred by person C in defending any civil proceedings in which the pecuniary penalty referred to in paragraph (a) is imposed. 2: An indemnity given in contravention of subsection (1) is void. 3: In this section and section 89ZZZB indemnify indemnity 2003 No 52 s 107D Section 89ZZZA inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZZB: Restriction on insurance No person may enter into a contract of insurance that indemnifies or purports to indemnify a person ( person C a: any pecuniary penalty imposed on person C under this Act; or b: any costs incurred by person C in defending any civil proceedings in which the pecuniary penalty referred to in paragraph (a) is imposed. 2003 No 52 s 107E Section 89ZZZB inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 5: Crown liability Subpart 5 inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 89ZZZC: Effects of subparts 2 and 3 on Crown liability 1: Subparts 2 2: Subsection (1) does not extinguish or otherwise affect any liability the Crown may have under any other enactment, rule of law, or agreement. Section 89ZZZC inserted 2 December 2021 section 18 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 6: Offences and miscellaneous Subpart 6 heading inserted 2 December 2021 section 19 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Registers, records, and use of information Heading replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013 90: Permit holder records and reports 1: Each permit holder must keep detailed records and reports in respect of all prospecting, exploration, mining, decommissioning activities, and post-decommissioning activities a: in accordance with the conditions of the permit and the regulations; and b: in a form that is readily accessible at all reasonable times by the chief executive or any person authorised in writing by the chief executive. 1A: Without limiting the generality of subsection (1), the records and reports required to be kept include— a: financial records, including any financial records required to be kept and retained under the Tax Administration Act 1994 b: commercial records, including any feasibility studies: c: scientific and technical records: d: any calculations made in support of the above records: e: records, reports, statements, or any other documentation or information required under other legislation, if regulations made under this Act prescribe that they must be retained for the purposes of this Act: f: any other records or reports prescribed by regulations. 2: Each permit holder must provide to the chief executive, in accordance with the conditions of the permit and the regulations, a copy of the records and reports required to be kept under subsection (1) and, on the expiry of whichever of the periods referred to in subsection (6) first occurs, the chief executive must send a copy of those records and reports to the person designated by the Minister for the purposes of this subsection. 3: If requested by the chief executive to do so, a permit holder must provide to the chief executive— a: a copy of any report made by or for the permit holder in respect of any activities under the permit: b: a report on any specified aspect of the permit holder's activities under the permit. 4: When part of a permit is relinquished under section 35B 35C section 40 5: If a permit is revoked or transferred to the Minister under section 39 6: The information supplied by a permit holder under subsections (1) to (3), other than information in relation to permits specified in subsection (7), must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earliest of the following events: a: the expiry of 5 years from the date on which the information was obtained by the permit holder: b: the expiry of the permit and every subsequent permit in respect of that permit (in so far as the information relates to land covered by both the initial and any subsequent permit): c: if the permit holder surrenders the permit and is concurrently granted (under section 36(2)(b) 7: The information supplied by a permit holder under subsections (1) to (3) in respect of a prospecting permit for petroleum, or a non-exclusive prospecting permit for a mineral other than petroleum, must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earlier of the following events: a: the expiry of 15 years from the date on which the information was obtained by the permit holder: b: the conclusion of a public tender process for exploration permits to the extent that the information relates to land to which the public tender relates, except if the public tender process concludes earlier than 5 years from the date on which the information was obtained by the permit holder, in which case, the expiry of the 5 years. 8: Despite subsection (7), all information provided under subsections (1) to (3) to the chief executive by a non-exclusive petroleum prospecting permit holder who is determined to be a speculative prospector under section 90C 8A: The chief executive may, but is not required to, publish on an Internet site maintained by the chief executive or in any other way the chief executive considers appropriate all or any of the information supplied under this section, at any time after the information is required to be made available under any of subsections (6) to (8). 9: The Minister, the chief executive, or an enforcement officer may use information supplied under this section at any time before or after the information is required to be made available under any of subsections (6) to (8) for the purpose of exercising any power or performing any function conferred on the person by or under this Act. 10: Section 90A subsection (8A) or (9) 11: Nothing in this section requires the chief executive to send, make available, publish, or otherwise disclose any records, reports, information, or returns— a: under sections 42B 42C 89ZF 89ZK 89ZB 89ZC 89ZD 89ZE 89ZL 89ZM b: relating to the calculation and payment of royalties by permit holders. Section 90 replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90(1) amended 2 December 2021 section 20(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(1A) inserted 2 December 2021 section 20(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(8A) inserted 2 December 2021 section 20(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(10) amended 2 December 2021 section 20(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90(11) replaced 2 December 2021 section 20(5) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 90A: Disclosure of information 1: The Minister, an appropriate Minister, the chief executive, or any enforcement officer must not disclose any information provided under or for the purposes of any of sections 23A 24 32 33A to 33D 35 35A 36 to 38 41 to 41C 42 42B 42C 46 61 61B 61C 89ZC 89ZD 89ZE 89ZF 89ZL 89ZM 89ZZH 90 99E 99F a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed by or under this Act on the Minister, the chief executive, or any enforcement officer; or b: the information is publicly available; or c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or e: disclosure is required by another enactment; or ea: disclosure is authorised under section 90(8A) f: disclosure is required by a court of competent jurisdiction; or g: the information is disclosed to a regulatory agency under section 90E 2: Any information that is disclosed under subsection (1)(a) for the purposes of, or in connection with, the Minister's function of attracting permit applications under section 5(a) 3: All disclosures that are made under subsection (1)(a) to an external adviser to the Minister must be made on a confidential basis. Section 90A replaced 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90A(1) amended 2 December 2021 section 21(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90A(1) amended 2 December 2021 section 21(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 90A(1)(ea) inserted 2 December 2021 section 21(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 90B: Disclosure and publication of mineral resources and mineral production information 1: Every holder of a permit must provide to the chief executive all information in connection with mineral resources and mineral production that is prescribed as information that must be provided under this section. 2: The information must be provided in accordance with the regulations. 3: The chief executive may, in accordance with the regulations, publish all, or any part, of the information provided under this section. 4: For the purposes of this section, holder of a permit Section 90B inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 90C: Provisions relating to speculative prospectors 1: A non-exclusive petroleum prospecting permit holder may apply to the Minister for a determination that the holder is a speculative prospector and, if the Minister is satisfied that the holder is a speculative prospector, the Minister must confer that status on the permit holder effective from the date of conferral. 2: An applicant for a non-exclusive petroleum prospecting permit may, at the same time as applying for the permit, apply to the Minister for a determination that, if granted a permit, the applicant will be a speculative prospector and, if the Minister is satisfied that the applicant will be a speculative prospector, the Minister must confer that status on the applicant, effective from the date the permit is granted, if the Minister grants the permit application. 3: If a permit holder with speculative prospector status subsequently becomes aware that the holder no longer falls within the definition of a speculative prospector, the holder must notify the Minister as soon as practicable and in any case not later than 10 working days after the date on which the holder becomes aware of that fact. 4: If the Minister, having previously determined that a permit holder is a speculative prospector, subsequently considers that the permit holder's business activities are not consistent with those of a speculative prospector (for example, because the holder is providing or selling data on an exclusive basis to 1 petroleum explorer), the Minister may, by notice in writing to the permit holder, remove the permit holder's status as a speculative prospector. 5: Before removing a permit holder's status under subsection (4), the Minister must— a: inform the permit holder of his or her intention and provide an opportunity for the permit holder to comment; and b: consider any representations made by the permit holder. 6: If a permit holder notifies the Minister under subsection (3) or the Minister removes a permit holder's status as a speculative prospector under subsection (4), section 90(7) 7: In this Act, speculative prospector Section 90C inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 90D: Treatment of speculative prospecting information purchased or licensed by permit holder 1: If a permit holder purchases or licenses information that relates to the permit from a speculative prospector, for the purposes of section 90 2: However, when providing the information to the chief executive under section 90(2) 3: Despite section 90(6) and (7) 4: A permit holder must, if requested to do so, provide evidence to satisfy the chief executive that any information supplied to him or her by the permit holder under section 90 Section 90D inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 90E: Providing information to regulatory agencies 1: The Minister, an appropriate Minister, or the chief executive may provide to the health and safety regulator any information, or a copy of any document, that he or she— a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and b: considers may assist the health and safety regulator in the performance or exercise of the regulator’s functions, duties, or powers under any relevant health and safety legislation (as defined in section 16 2: The Minister, an appropriate Minister, or the chief executive may provide to Maritime New Zealand any information, or a copy of any document, that he or she— a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and b: considers may assist the Director of Maritime New Zealand in the performance or exercise of his or her or Maritime New Zealand's functions, duties, or powers under the Maritime Transport Act 1994 3: The Minister may provide to the Environmental Protection Authority (established by section 7 a: holds in relation to the matters referred to in section 29A(2)(d) section 24 29B b: considers may assist— i: the Environmental Protection Authority in the performance or exercise of its functions, duties, or powers under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Resource Management Act 1991 ii: a consent authority in the performance or exercise of its functions, duties, or powers under the Resource Management Act 1991 4: However, subsections (1) to (3) do not apply to any information obtained under section 90 5: A regulatory agency must not disclose any information provided to it under this section to any other person or organisation unless— a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by a specified Act on the regulatory agency; or b: the information is publicly available; or c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or e: disclosure is required by another enactment; or f: disclosure is required by a court of competent jurisdiction. Section 90E inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 Section 90E(1) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 90F: Conditions that may be imposed on providing information or documents under section 90E 1: A person providing information or documents under section 90E(1), (2), or (3) 2: The conditions imposed under this section may include (without limitation) conditions relating to— a: the storing of, use of, or access to anything provided: b: the copying, returning, or disposing of copies of documents provided. Section 90F inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 90G: Regulatory agency may provide information for purposes of this Act 1: A regulatory agency may provide to a recipient specified in subsection (2) any information or a copy of any document that it believes would assist the recipient in the performance or exercise of the recipient's functions, duties, or powers under this Act. 2: The recipients are— a: the Minister: b: an appropriate Minister: c: the chief executive: d: an enforcement officer. 3: A regulatory agency may provide to another regulatory agency any information or a copy of any document that it believes would assist that other agency in the performance or exercise of its functions, duties, or powers under a specified Act that relate to activities under or associated with a permit. 4: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless— a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or b: the information is publicly available; or c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or e: the disclosure is required by another enactment; or f: the disclosure is required by a court of competent jurisdiction. Section 90G inserted 24 May 2013 section 43 Crown Minerals Amendment Act 2013 91: Chief executive 1: The chief executive must keep a register of permits in the form that he or she thinks fit on which is entered brief particulars of all permits, including, in respect of each permit, the name and contact details of the permit participants, the name and contact details of the permit operator, and any changes, transfers, or leases of the permit. 2: The chief executive must ensure that the following information is available for public inspection on an Internet site maintained by or on behalf of the chief executive: a: a copy of every permit granted under this Act and all changes to a permit; and b: the register (or a copy of the register) kept under subsection (1); and c: any other prescribed documents. 3: The chief executive 4: The contents of any register kept by the chief executive chief executive 5: A certificate under the hand of the chief executive Section 91 heading amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(1) replaced 24 May 2013 section 44 Crown Minerals Amendment Act 2013 Section 91(2) replaced 24 May 2013 section 44 Crown Minerals Amendment Act 2013 Section 91(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 91(5) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 91A: Correction of errors or omissions The chief executive Section 91A inserted 21 August 2003 section 19 Crown Minerals Amendment Act 2003 Section 91A amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Miscellaneous provisions 92: Permits are not real or personal property 1: A permit is neither real nor personal property. 2: Except as expressly provided otherwise in the conditions of a permit,— a: on the death of a permit participant, his or her participating interest vests in the personal representative of the permit participant as if the participating interest were personal property, and the personal representative may deal with the participating interest to the same extent as the permit participant would have been able to; and b: on the bankruptcy of an individual who is the holder of a permit, the permit vests in the Official Assignee as if it were personal property, and he or she may deal with the permit to the same extent as the holder would have been able to do so; and c: a permit shall be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988 ; and d: a permit is personal property for the purposes of the Personal Property Securities Act 1999 3: The holder of a permit may grant a charge over that permit as if it were personal property, but the permit may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder. 4: In the case of a participating interest to which subsection (2)(a) applies, the participating interest must be treated as property for the purposes of the distribution of the permit participant's estate and the permit participant's personal representative may transfer the participating interest to a beneficiary of the permit participant's estate without obtaining consent under section 41 Section 92(2)(a) replaced 24 May 2013 section 45(1) Crown Minerals Amendment Act 2013 Section 92(2)(c) amended 24 May 2013 section 45(2) Crown Minerals Amendment Act 2013 Section 92(2)(d) inserted 24 May 2013 section 45(3) Crown Minerals Amendment Act 2013 Section 92(4) inserted 24 May 2013 section 45(4) Crown Minerals Amendment Act 2013 92A: Effect of liquidation or loss of registration of company 1: On the liquidation of a permit participant, its participating interest vests in the liquidator as if it were personal property, and the liquidator may deal with the participating interest to the same extent as the permit participant would have been able to. 2: On the removal of a permit participant from the New Zealand register under the Companies Act 1993 Section 92A inserted 24 May 2013 section 46 Crown Minerals Amendment Act 2013 93: Access arrangement does not confer interest 1: An access arrangement does not transfer to, or confer on, the permit holder or applicant for a permit an estate or interest in the land to which it relates. 2: A right of access obtained by the holder of a permit may, subject to the conditions of the relevant access arrangement, be enjoyed by the holder for the time being of that permit. 94: Officers not to have personal interest Except as otherwise provided in this Act or in regulations, no person holding any office under, or employed by, the Crown in any capacity in the administration of this Act shall hold, directly or indirectly, any pecuniary interest whatever in any permit. 95: Address for service 1: Every permit holder shall give written notification to the chief executive of a physical physical chief executive 2: Without limiting sections 352 353 section 96 of this Act 3: Every permit participant must give written notice to the chief executive of an address (which may be an email address) and telephone number at which the permit participant can be contacted. 4: A permit participant must give written notice to the chief executive of any change to the address or telephone number provided under subsection (3) as soon as reasonably practicable, but no later than 10 working days after the change takes effect. Section 95(1) amended 24 May 2013 section 47(1) Crown Minerals Amendment Act 2013 Section 95(1) amended 24 May 2013 section 47(2) Crown Minerals Amendment Act 2013 Section 95(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 95(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 95(3) inserted 24 May 2013 section 47(3) Crown Minerals Amendment Act 2013 Section 95(4) inserted 24 May 2013 section 47(3) Crown Minerals Amendment Act 2013 96: Service of documents, etc Sections 352 353 97: Application of monetary deposits 1: Subject to subsections (2) and (4), Part 7 chief executive 2: Any money paid to the chief executive 3: Subject to subsections (2) and (5) chief executive chief executive 4: Subject to subsection (5), on the termination chief executive a: if the permit holder has substantially complied with the conditions of the permit throughout its currency, he or she shall be entitled to a refund of the deposit, together with all accrued interest thereon, less any amount that has been applied by the Minister in accordance with subsection (2): b: if, in the opinion of the Minister, the permit holder has failed to comply substantially with the conditions of his or her permit, the Minister may direct that the full deposit or such part of it as he or she thinks fit shall be paid into the Departmental Bank Account in respect of outstanding fees, or into a Crown Bank Account (including interest payable under section 99J 5: In the case of any monetary deposit or bond held by the chief executive under a financial security required under section 89ZL a: the funds held by the chief executive must not be released until any required decommissioning is completed, unless they are released under section 89ZN(5) b: any interest to be paid to the permit holder must be repaid in 1 lump sum at the time when the principal sum deposited by the permit holder under section 89ZL Section 97(1) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(2) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(3) amended 2 December 2021 section 22(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 97(3) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(4) amended 2 December 2021 section 22(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 97(4) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 97(4)(b) amended 24 May 2013 section 48 Crown Minerals Amendment Act 2013 Section 97(4)(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 97(5) inserted 2 December 2021 section 22(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 97A: Chief executive may prescribe form of certain documents 1: The chief executive may prescribe— a: the form and electronic format of any applications, returns, information accompanying any applications or returns, or any other documents that are not otherwise prescribed in regulations made under this Act: b: the manner in which any applications, returns, information, or other documents must be submitted or notified if the manner of submission or notification is not otherwise prescribed in regulations made under this Act. 2: For the purposes of subsection (1)(a), the chief executive may prescribe different forms or formats for different classes of permits or minerals. 3: The chief executive must publish any form or format prescribed under subsection (1) on an Internet site maintained by or on behalf of the chief executive. 4: The production by the chief executive of any document purporting to be a prescribed form or an extract from a prescribed form, or a copy of a form or an extract, is, in all courts and in all proceedings, unless the contrary is proved, sufficient evidence that the form or electronic format was prescribed. 5: To avoid doubt, if the chief executive prescribes an electronic format for a form, the chief executive may require any signature on the form to be an electronic signature. Section 97A inserted 24 May 2013 section 49 Crown Minerals Amendment Act 2013 98: Gold fossicking areas (Crown land) 1: The appropriate Minister and the Minister may, by notice in the Gazette 2: The area and location of every gold fossicking area declared under subsection (1) shall be defined in the notice under that subsection. 3: Every person shall have the right to mine for gold in a gold fossicking area by means only of non-motorised hand held tools. 4: The designation of an area of land as a gold fossicking area does not prevent or restrict the granting of any permit in respect of that area. 5: The Minister may, by notice in the Gazette Section 98 heading amended 24 May 2013 section 50 Crown Minerals Amendment Act 2013 98A: Gold fossicking areas (other land) 1: The Minister may, by notice in the Gazette 2: The notice must— a: state that the area is open for public fossicking in respect of gold; and b: specify the area and its general location; and c: state that a person has the right to mine for gold in the area by means only of non-motorised hand held tools; and d: state any other terms or conditions that apply when a person is fossicking in the area (as agreed between the Minister and the owner of the land). 3: The Minister must revoke a designation made under subsection (1) if requested to do so by the authority. Section 98A inserted 24 May 2013 section 51 Crown Minerals Amendment Act 2013 99: Arbitration 1: A reference of a matter to arbitration under section 44 2: Where a dispute is referred to arbitration under this Part, the decision of the arbitrator or arbitrators or umpire shall be final and binding on the parties to the arbitration and the Minister shall take such steps as may be necessary to ensure that effect is given to the decision. Provisions relating to enforcement officers, auditing, and requiring information Heading inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99A: Appointment of enforcement officers 1: The chief executive may appoint 1 or more persons who are employees of a government department, a Crown entity, or a local authority to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Act. 2: The chief executive must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer. 3: An enforcement officer who exercises, or purports to exercise, a power conferred on the enforcement officer under this Act must carry and produce, if required to do so,— a: his or her warrant of authorisation; and b: evidence of his or her identity. 4: An enforcement officer must, on the termination of the enforcement officer's appointment, surrender his or her warrant to the chief executive. Section 99A inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99B: Powers of enforcement officers 1: Any enforcement officer, specifically authorised in writing by the Minister to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse or marae, for the purpose of determining whether a permit, this Act, or the regulations are being complied with. 2: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave in a prominent position at the place, or attached to a structure on the place, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection. 3: An enforcement officer may not enter, unless the permission of the landowner is obtained, any land that any other Act states may not be entered without that permission. 4: An enforcement officer who exercises the power of inspection under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer with the inspection. 5: A person who provides assistance under subsection (4) may exercise the powers provided to enforcement officers under subsection (1). Section 99B inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99C: Application for warrant for entry to search 1: An issuing officer (within the meaning of section 3(1) place, structure, vehicle, or ship subpart 3 place, structure, vehicle, or ship a: in respect of which an offence has been or is suspected of having been committed against this Act or the regulations; or b: that will be evidence of an offence against this Act or the regulations; or c: that is intended to be used for the purpose of committing an offence against this Act or the regulations. 2: An application may be made under subsection (1) by— a: a constable; or b: an enforcement officer specifically authorised in writing by the Minister to apply for search warrants. Section 99C inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Section 99C(1) amended 2 December 2021 section 23 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 99D: Application of Part 4 of Search and Surveillance Act 2012 Part 4 sections 118 119 Section 99D inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99E: Auditing 1: A person referred to in subsection (2) may carry out an audit of records, kept by or on behalf of the chief executive or a permit holder, for the purpose of obtaining information about the following matters and reporting that information to the chief executive: a: the calculation of mineral resources by a permit holder undertaking mining activities: b: the calculation and payment of the correct amount of royalties due by a permit holder: c: the calculation and payment of any other money payable to the Crown: d: compliance with any prescribed requirement to keep or provide records or other information. 2: The following persons may carry out an audit if directed by the chief executive: a: an enforcement officer: b: an independent auditor appointed by the chief executive. 3: If the chief executive requires an independent auditor to be appointed, the permit holder must pay the independent auditor's costs if required to do so by the chief executive. 4: However, the chief executive may require the payment of those costs only if the auditor has found material failures in relation to any calculations or payments or the keeping or providing of records or other information by the permit holder. Section 99E inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99F: Power to require information 1: The Minister, the chief executive, or any enforcement officer may, by written notice, require any person to provide any information that the person giving the notice considers is necessary for any purpose relating to that person’s functions, duties, or powers under this Act or for the administration or enforcement of this Act. 2: The information specified in the notice may relate to— a: any aspect of the operation of a permit: b: any commercial agreements or arrangements to which a permit participant is a party. 3: Information may be disclosed to the Minister, the chief executive, or an enforcement officer in confidence if— a: a person who is required to provide information under subsection (1) so requests; and b: the Minister, chief executive, or enforcement officer agrees to that request in writing. 4: A person required to provide any information under this section must provide the information— a: in the form and in the manner set out in the notice; and b: within any reasonable time specified in the notice requiring the information; and c: free of charge; and d: regardless of whether the Minister, chief executive, or enforcement officer agrees to the information being disclosed in confidence. Section 99F inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99G: Protection of persons acting under authority of this Act 1: No enforcement officer or person called upon to assist an enforcement officer who does an act, or omits to do an act, when performing a function or exercising a power conferred on that person by or under this Act (other than when exercising powers of inspection or search under sections 99B 99C 2: Sections 166 167 sections 99B 99C Section 99G inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Royalties and interest Heading inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99H: Royalties Every permit holder must— a: submit royalty returns in accordance with the relevant permit, this Act, and the regulations; and b: pay royalties in accordance with the relevant permit, this Act, and the regulations. Section 99H inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99I: Power to amend royalty returns or make default assessment 1: If the chief executive is satisfied that the information contained in a royalty return is incorrect, he or she may, at any time, amend the return and any assessment of the permit holder’s liability to pay money to the Crown (an amendment 2: If a permit holder fails to submit a royalty return when required to do so under this Act, the regulations, or a permit, the chief executive may make an assessment (a default assessment 3: As soon as practicable after making an amendment or a default assessment, the chief executive must notify the permit holder of— a: the particulars of the amendment or default assessment; and b: any grounds or information upon which the amendment or default assessment was based; and c: the right of the permit holder to object (as set out in section 99K 4: If an amendment or a default assessment results in the permit holder owing money to the Crown, the permit holder must pay the amount due within 20 working days after the date on which the permit holder is notified under subsection (3). 5: If an amendment shows that a permit holder has overpaid the amount of royalties due, the chief executive must, within 20 working days after the date of the amendment, arrange for a refund to be paid to the permit holder. 6: Interest calculated at the Commissioner's paying rate, as defined in section 120C 7: Despite subsection (1), the chief executive must not make an amendment to a permit holder's royalty return under this section at any time after the date that is 7 years from the end of the permit year in which the permit holder submitted the return if the amendment would result in an increase in the amount payable to the Crown, unless the chief executive is satisfied on reasonable grounds that the contents of the return— a: are fraudulent or wilfully misleading; or b: do not include an assessment of minerals obtained under the permit through a particular method or from a particular location, and in respect of which an assessment was required to be included in the return. Section 99I inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99J: Interest on unpaid money 1: If a permit holder does not fully pay, by the due date, all fees and other money payable by the holder to the Crown under this Act or the regulations (the original amount 2: The permit holder is liable for the interest payable and the interest must be calculated for every month or part of a month after the due date during which the original amount remains unpaid in full. 3: Interest must be calculated in accordance with the following formula: The following table contains a formula. a = b × c 12 where— a is the interest payable b is any part of the original amount that remains unpaid at the end of the month for which the interest is calculated c is the taxpayer's paying rate, as defined in section 120C 4: In the case of royalties where the amount payable was assessed or amended under section 99I 5: Any payment the chief executive receives or applies on account of a permit holder’s liability to pay an original amount must first be applied towards payment of the interest. Section 99J inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99K: Right to object to amendment or default assessment 1: A permit holder may object to an amendment or a default assessment under section 99I 2: An objection must be in writing and received by the chief executive not later than 40 working days after the date on which the permit holder is notified of the amendment or default assessment under section 99I(3) 3: The objection must set out the reasons for the objection. 4: The chief executive must— a: give the permit holder an opportunity to be heard; and b: consider and determine the objection within 40 working days after its receipt. 5: The chief executive must— a: dismiss the objection; or b: uphold the objection in whole or in part. 6: Not later than 20 working days after deciding an objection, the chief executive must send to the permit holder— a: a copy of the decision, which must include the reasons for the decision; and b: any amended royalty return or default assessment; and c: notice of the right of the permit holder to appeal (as set out in section 99L Section 99K inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 99L: Right of appeal 1: A permit holder who has made an objection under section 99K the District Court 2: An appeal must be made not later than 20 working days after the date on which the permit holder is notified of the chief executive's decision under section 99K(6) 3: The District Court may confirm, reverse, or modify the decision and, if applicable,— a: amend the relevant royalty return or default assessment; and b: specify the amount of any money to be paid by the permit holder to the Crown or to be refunded to the permit holder, as the case may be. 4: A decision of the District Court a: the ground of the appeal is that the decision is erroneous in point of law; or b: the District Court has determined that an amount of money is payable to the Crown and the amount is more than $2,000. 5: To avoid doubt, an appeal may be taken under subsection (4) by the permit holder or the chief executive (on behalf of the Crown). Section 99L inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Section 99L(1) amended 1 March 2017 section 261 District Court Act 2016 Section 99L(4) amended 1 March 2017 section 261 District Court Act 2016 99M: Status of original amendment or default assessment 1: This section applies to an amendment or a default assessment made by the chief executive under section 99I a: objects to the amendment or default assessment under section 99K b: having made an objection, exercises 1 or more of the appeal rights under section 99L 2: If the amendment or default assessment results in the permit holder owing money to the Crown,— a: the amendment or default assessment must be treated as correct and final until the permit holder has exhausted those rights or the time period by which the rights must be exercised has expired and a final decision has been given by the chief executive or a court, as the case may be ( final decision b: the permit holder must pay the money owing in accordance with section 99I(4) 3: If the final decision differs from the amendment or default assessment and— a: a refund is required to be paid to the permit holder, section 99I(5) and (6) b: a further amount is required to be paid by the permit holder, the permit holder must pay the amount to the chief executive within 20 working days after the date on which the final decision is made, including any interest calculated in accordance with section 99J Section 99M inserted 24 May 2013 section 52 Crown Minerals Amendment Act 2013 Offences and legal proceedings 100: Offences 1: Every person commits an offence against this Act who contravenes, or permits a contravention of, section 8 2: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following: a: section 33 holder responsibilities b: section 49(5) c: section 77 d: section 94 e: section 99F 2A: Every person commits an offence against this Act who contravenes, or permits a contravention of,— a: section 41AB(2) section 41AA(1) b: section 41AB(4) c: section 41A(2) 3: Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act. 3A: Every person commits an offence against this Act who knowingly provides altered, false, incomplete, or misleading information (including royalty returns) to the chief executive or any other person in respect of a matter or thing under this Act or the regulations. 4: Despite anything to the contrary in section 25 5: If an enforceable undertaking has been given, criminal proceedings may be taken for an offence within 6 months after— a: the enforceable undertaking is contravened; or b: it comes to the notice of the regulator that the enforceable undertaking has been contravened; or c: the chief executive agreed to the withdrawal of the enforceable undertaking. Section 100(2)(a) amended 24 May 2013 section 53(1) Crown Minerals Amendment Act 2013 Section 100(2)(e) inserted 2 December 2021 section 24(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 100(2A) inserted 19 February 2019 section 18 Crown Minerals Amendment Act 2019 Section 100(3A) inserted 24 May 2013 section 53(2) Crown Minerals Amendment Act 2013 Section 100(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 100(5) inserted 2 December 2021 section 24(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 101: Penalties 1: Every person who commits an offence against section 100(1) $400,000 $20,000 2: Every person who commits an offence against section 100(2) $20,000 $2,000 2A: Every person who commits an offence against section 100(2A) a: in the case of section 100(2A)(a) b: in the case of section 100(2A)(b) c: in the case of section 100(2A)(c) 3: Every person who commits an offence against section 100(3) $3,000 3A: Every person who commits an offence against section 100(3A) 4: A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 5: Where a person is convicted of an offence against section 77 6: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 101(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(1) amended 24 May 2013 section 54(1)(a) Crown Minerals Amendment Act 2013 Section 101(1) amended 24 May 2013 section 54(1)(b) Crown Minerals Amendment Act 2013 Section 101(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(2) amended 24 May 2013 section 54(2)(a) Crown Minerals Amendment Act 2013 Section 101(2) amended 24 May 2013 section 54(2)(b) Crown Minerals Amendment Act 2013 Section 101(2A) inserted 19 February 2019 section 19 Crown Minerals Amendment Act 2019 Section 101(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(3) amended 24 May 2013 section 54(3) Crown Minerals Amendment Act 2013 Section 101(3A) inserted 24 May 2013 section 54(4) Crown Minerals Amendment Act 2013 Section 101(3A) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101(4) substituted 30 June 2002 section 186 Sentencing Act 2002 101A: Interpretation In sections 101B 101C exclusive economic zone section 2(1) foreign ship section 2(1) master section 2(1) offshore area a: within the territorial sea; or b: within the exclusive economic zone; or c: on or above the continental shelf permitted prospecting, exploration, or mining activity specified non-interference zone section 101B(6) to (8) structure a: means any fixed, moveable, or floating structure or installation; and b: includes a petroleum pipeline, petroleum pumping station, petroleum tank station, or petroleum valve station. Section 101A inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013 Section 101A ship repealed 2 December 2021 section 25 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 101B: Interfering with structure or operation in offshore area 1: A person commits an offence if the person intentionally engages in conduct that results in— a: damage to, or interference with, any structure or ship that is in an offshore area and that is, or is to be, used in mining operations or for the processing, storing, preparing for transporting, or transporting of minerals; or b: damage to, or interference with, any equipment on, or attached to, such a structure or ship; or c: interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with such a structure or ship. 2: A person commits an offence if— a: the person is the master of a ship that, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity; or b: the person leaves a ship and, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity. 3: In prosecuting an offence against subsection (2), it is not necessary for the prosecution to prove that the person intended to commit the offence. 4: A person who commits an offence against subsection (1) is liable on a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $50,000: b: in the case of a body corporate, to a fine not exceeding $100,000. 5: A person who commits an offence against subsection (2) is liable on 6: For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice. 6A: In addition to complying with the Legislation Act 2019 New Zealand Notices to Mariners 7: A notice must specify— a: the permitted prospecting, mining, or exploration activity to which the non-interference zone relates; and b: the locality of the activity; and c: the area of the non-interference zone to which the activity relates (which may be up to 500 metres from any point on the outer edge of the structure or ship to which the activity relates or, if there is any equipment attached to the structure or ship, 500 metres from any point on the outer edge of the equipment); and d: the period (which may be up to 3 months) for which the notice has effect. 8: The chief executive, when determining the area of a non-interference zone for the purposes of a notice, must take into account the nature of the activity, including the size of any structure or ship to which the activity relates and any equipment attached to the structure or ship necessary for the carrying out of the activity. 9: No proceedings for an offence against this section may be brought in a New Zealand court in respect of a contravention of this section on board, or by a person leaving, a foreign ship without the consent of the Attorney-General. 10: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must comply with subsection (6A) 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 101B inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013 Section 101B(4) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101B(5) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 Section 101B(6) replaced 28 October 2021 regulation 45 Legislation Act (Amendments to Legislation) Regulations 2021 Section 101B(6A) inserted 28 October 2021 regulation 45 Legislation Act (Amendments to Legislation) Regulations 2021 Section 101B(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 101C: Powers of enforcement officers 1: An enforcement officer who has reasonable cause to suspect that a person is committing, has committed, or is attempting to commit an offence against section 101B a: stop a ship within a specified non-interference zone and detain the ship: b: remove any person or ship from a specified non-interference zone: c: prevent any person or ship from entering a specified non-interference zone: d: board a ship (whether within a specified non-interference zone or otherwise), give directions to the person appearing to be in charge, and require the person to give his or her name and address: e: without warrant, arrest a person. 2: If an enforcement officer described in subsection (6)(b) or (c) arrests a person under subsection (1)(e), the enforcement officer must cause the person to be delivered into the custody of a constable as soon as practicable. 3: An enforcement officer who exercises a power under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer to exercise the power. 4: A person who provides assistance under subsection (3) may exercise the powers provided to an enforcement officer under subsection (1)(a) to (d). 5: No enforcement officer, or person called upon to assist an enforcement officer, who does an act, or omits to do an act, when exercising a power under this section is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith. 6: For the purposes of this section, the following persons are enforcement officers: a: every constable: b: every person in command of a ship of the New Zealand Defence Force: c: every person acting under the command of a person described in paragraph (b). Section 101C inserted 24 May 2013 section 55 Crown Minerals Amendment Act 2013 102: Liability of principal for acts of agents 1: Where an offence is committed against this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence. 2: Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves— 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: 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. 3: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved— a: that the act that constituted the offence took place with his or her authority, permission, or consent; and b: that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 103: Strict liability 1: In any prosecution for an offence of contravening or permitting a contravention of section 8 2: Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves— a: that— i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and ii: the conduct of the defendant was reasonable in the circumstances; and iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case either— i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred. 3: Except with the leave of the court, 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 delivers to the prosecutor a written notice— a: stating that he or she intends to rely on subsection (2); and b: specifying the facts that support his or her reliance on subsection (2). 104: Recovery of fees and other money 1: All fees and other money payable to the Crown under this Act or the regulations granted under this Act, is 2: All fees payable under this Act or the regulations must be paid into a Departmental Bank Account, and all other money payable to the Crown under this Act, or the regulations, or under any permit granted under this Act, must be paid into a Crown Bank Account. 3: To avoid doubt, any interest payable on fees must be paid into a Crown Bank Account. Section 104(1) amended 24 May 2013 section 56(1) Crown Minerals Amendment Act 2013 Section 104(1) amended 24 May 2013 section 56(2) Crown Minerals Amendment Act 2013 Section 104(2) replaced 24 May 2013 section 56(3) Crown Minerals Amendment Act 2013 Section 104(3) inserted 24 May 2013 section 56(3) Crown Minerals Amendment Act 2013 104A: Interpretation In this Act,— infringement fee infringement offence Section 104A inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104B: Infringement offences 1: A person who is alleged to have committed an infringement offence may— a: be proceeded against by the filing of a charging document under section 14 b: be issued with an infringement notice under section 104D 2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) 3: See section 21 Section 104B inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104C: Who may issue infringement notices The chief executive may, in writing, authorise an enforcement officer to issue infringement notices under this Act. Section 104C inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104D: When infringement notice may be issued The chief executive or an enforcement officer may issue an infringement notice to a person if the chief executive or enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 104D inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104E: Revocation of infringement notice before payment made 1: The chief executive or an enforcement officer may revoke an infringement notice before— a: the infringement fee is paid; or b: an order for payment of a fine is made or deemed to be made by a court under section 21 2: The chief executive or enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice. 3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 104B(1)(a) or (b) Section 104E inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104F: What infringement notice must contain An infringement notice must be in the form prescribed in the regulations and must contain the following particulars: a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence: b: the amount of the infringement fee: c: the address of the [place where the infringement notice may be paid]: d: how the infringement fee may be paid: e: the time within which the infringement fee must be paid: f: a summary of the provisions of section 21(10) g: a statement that the person served with the notice has a right to request a hearing: h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing: i: any other matters prescribed in the regulations. Section 104F inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104G: How infringement notice may be issued to person 1: An infringement notice may be issued to a person who the chief executive or enforcement officer believes is committing or has committed the infringement offence by— a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 16 years; or c: leaving it for the person at the person’s place of business or work with another person; or d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand. 2: Unless the contrary is shown,— a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the chief executive or enforcement officer. Section 104G inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104H: Payment of infringement fees All infringement fees paid for infringement offences must be paid into a Crown Bank Account. Section 104H inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104I: Reminder notices A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 104I inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104J: Regulations Regulations may be made under section 105 a: prescribing infringement offences by— i: prescribing a duty, restriction, or prohibition for conduct that is similar to conduct, or similar to an element of conduct, for which there is a duty, restriction, or prohibition under any provision of this Act or regulations; and ii: providing that a contravention of the duty, restriction, or prohibition is an infringement offence: b: prescribing for those infringement offences— i: fines not exceeding— A: $2,000 for an individual: B: $6,000 in any other case: ii: infringement fees not exceeding— A: $1,000 for an individual: B: $3,000 in any other case. Section 104J inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 104K: Relationship between infringement offences and other offences A person may be prosecuted or convicted of any offence referred to in the Act (rather than proceeding under sections 104A to 104I Section 104K inserted 2 December 2021 section 26 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Regulations 105: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the form or content of applications, permits, notices, reports, or any other documentation or information required under this Act, and the manner in which such documentation or information is to be provided (including electronically) b: prescribing the information to be provided with applications for permits: c: prescribing conditions on which permits may be applied for, granted, changed, or extended: ca: specifying for the purposes of section 33C cb: prescribing, in relation to iwi engagement reports required under section 33C d: prescribing the manner in which permits may be surrendered: e: prescribing the manner in which persons wishing to apply for permits in respect of any land are to mark out or identify the land and prescribing a graticular system for the purpose of defining areas or parts of areas comprised in permits, applications for permits, or extensions of permits: f: prescribing registers to be kept under this Act g: providing for the keeping and provision of records, reports, information, and returns by permit holders for any purpose under this Act gaa: prescribing the records, statements, or any other documentation or information required under other legislation that must be retained for the purposes of this Act: gab: prescribing matters for the purposes of section 42B section 42C section 89ZD gac: prescribing requirements in relation to the subpart 2 section 89ZB gad: prescribing matters for the purposes of sections 89ZC 89ZE 89ZF gae: prescribing the standard or requirements that a decommissioning cost estimate submitted under section 89ZC ga: prescribing the information that must be provided under section 90B gb: prescribing the form, manner, and times in or at which the chief executive section 90B h: providing for the keeping by a holder of a permit of cores, specimens, or samples obtained in the course of activities carried out under the permit and for the examination, taking, and retention of such cores, specimens, or samples by authorised persons: i: prescribing matters in respect of which fees are to be payable under this Act, the amount of the fees, the time and manner of their payment, and the persons liable to pay them, and providing for charges for late payment of fees: j: authorising the refund or remission of any fees payable under this Act: k: prescribing the amount of monetary deposits or bonds required with applications for permits: l: prescribing the duties of permit holders and the activities to be carried out under permits: m: prohibiting or regulating activities under a permit near the boundaries of the land comprised in the permit and on or near land comprised in other permits: n: for the purposes of the definition of minimum impact activity, prescribing impacts as prohibited impacts and land as prohibited land: o: generally regulating activities carried out under permits: p: providing for the exemption of permit holders, either wholly or partially, and either absolutely or conditionally, from any of the conditions of their permits or from the provisions of any regulations for the time being in force under this Act q: the prevention of the waste or loss of petroleum: qa: regulating the decommissioning of petroleum infrastructure and the plugging and abandonment of wells: qb: exempting specified classes of permit holders or licence holders from the obligation to decommission specified classes of petroleum infrastructure, or to plug and abandon specified classes of wells, or both, or deferring any or all of those obligations: qc: declaring petroleum infrastructure and classes or items of petroleum infrastructure to be or not to be, as the case requires, relevant older petroleum infrastructure: qd: declaring an individual well or class of wells to be, or not to be, as the case requires, to be a relevant older well or relevant older wells: qe: requiring permit holders and licence holders to notify the chief executive of the likely date on which production will cease at any well, or in any field, at specified times: qf: regulating the making of payments for post-decommissioning work, the establishment and operation of accounts into which those payments are deposited, and the use of, and accounting for, funds in those accounts: qg: exempting specified classes of permit holders or licence holders from the obligation to make post-decommissioning payments under section 89ZV qh: prescribing requirements in relation to the ongoing monitoring of a permit or licence holder’s financial position and assessing their financial capability under sections 89ZF to 89ZK qi: regulating the setting, obtaining and maintaining of financial securities that permit holders and licence holders may be required to obtain and maintain, which may include, without limitation,— i: setting criteria that the Minister must consider under section 89ZM(1)(b) ii: specifying matters to be considered by the Minister when determining the amounts that are required to be secured (including 1 or more formulas or other methods of calculating those amounts): iii: prescribing circumstances in which certain kinds of securities will or will not be permitted: iv: requiring certain kinds of financial securities to be held in specified situations: v: setting a hierarchy of preferred financial securities, which may differ in different circumstances: vi: specifying how certain financial securities must be held: vii: setting time frames for the obtaining and maintaining of all or part of a required security: viii: prescribing the manner in which information is to be supplied for the purposes of section 89ZL(2) ix: enabling the Minister to determine any other specified matter in connection with financial securities: qj: specifying the maximum amount or a scale of maximum amounts to be secured by financial securities that permit holders and licence holders may be required to obtain and maintain: qk: regulating the setting and use of post-decommissioning payments, including, without limitation,— i: specifying criteria for calculating the amount of post-decommissioning payments that permit holders and licence holders are required to make: ii: setting time frames for making payments in 1 lump sum or by instalments: iii: setting criteria to be applied in determining whether post-decommissioning payments are to be made in a lump sum or by instalments: iv: setting criteria to be applied in determining whether to grant exemptions from post-decommissioning payments: v: providing for refunds of all or part of a post-decommissioning payment in specified circumstances: vi: setting restrictions on the use of post-decommissioning payments or post-decommissioning payments of a specified class: ql: regulating the setting, obtaining and maintaining of financial securities that persons with post-decommissioning obligations under section 89ZV 89ZW qm: prescribing matters for the purposes of section 89ZZS r: providing for such matters as are contemplated by or necessary for giving full effect to this Act 2: Any regulations made under this section may provide for different regulations to apply in respect of different classes of permits, permit holders, or activities or in respect of the same class of permits, permit holders, or activities, in different circumstances. 3: Any regulations made under this section may apply generally throughout New Zealand or within any specified part or parts thereof. All regulations made under this section shall, unless otherwise specified in the regulations, apply generally throughout New Zealand and the continental shelf. 3A: Regulations made under this section may apply in relation to licences, licence holders, and holders of a participating interest in a licence, or any class of licence or those persons, in so far as the regulations relate to subparts 2 3B: Regulations made under subsection (1)(qb) subsection (1)(qb), (qc), or (qd) (which relates to class exemptions) may only provide for exemptions— a: that the Minister is satisfied are exemptions from requirements that are unreasonable or inappropriate for the exempted class of persons to comply with; or b: if the Minister is satisfied that events have occurred that make the requirements unnecessary or inappropriate for the exempted class of persons to comply with. 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 105(1)(a) replaced 24 May 2013 section 57(1) Crown Minerals Amendment Act 2013 Section 105(1)(a) amended 2 December 2021 section 27(1) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(ca) inserted 24 May 2013 section 57(2) Crown Minerals Amendment Act 2013 Section 105(1)(cb) inserted 24 May 2013 section 57(2) Crown Minerals Amendment Act 2013 Section 105(1)(f) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)(g) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)(gaa) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(gab) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(gac) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(gad) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(gae) inserted 2 December 2021 section 27(2) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(ga) inserted 18 October 2004 section 5 Crown Minerals Amendment Act 2004 Section 105(1)(gb) inserted 18 October 2004 section 5 Crown Minerals Amendment Act 2004 Section 105(1)(gb) amended 24 May 2013 section 64 Crown Minerals Amendment Act 2013 Section 105(1)(p) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(1)(qa) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qb) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qc) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qd) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qe) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qf) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qg) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qh) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qi) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qj) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qk) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(ql) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(qm) inserted 2 December 2021 section 27(3) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(1)(r) amended 24 May 2013 section 57(3) Crown Minerals Amendment Act 2013 Section 105(3A) amended 2 December 2021 section 27(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(3B) amended 2 December 2021 section 27(4) Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 105(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 105A: Regulations relating to royalties 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: a: prescribing how royalties are to be calculated, or the rate or rates for royalties: b: prescribing thresholds that apply for the purpose of determining whether royalties are payable: c: prescribing the due dates for royalty payments and submitting royalty returns. 2: The regulations may make different provisions for— a: different minerals: b: a mineral that occurs in different specified states, places, phases, or strata: c: a mineral that is explored for or extracted by different specified methods. 3: If regulations made under this section are in force— a: when an initial permit is granted in respect of a mineral, royalties must be calculated in accordance with the regulations as they apply at the time the permit is granted: b: when a subsequent permit is granted in respect of the same mineral, royalties must also be calculated in accordance with the regulations as they applied at the time the initial permit was granted: c: when a permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with the regulations as they apply when the relevant change to the permit takes effect. 4: Despite subsection (3), the period in relation to which the royalty calculations are made must be that specified in the current regulations. 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 105A inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 Section 105A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 105B: Regulations not invalid for certain matters 1: No regulation made under section 105 105A a: it authorises the Minister or any other person— i: to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or any other person; or ii: to set any standard; or b: it otherwise leaves any matter to the discretion of the Minister or any other person. 2: No regulation made under section 105A Section 105B inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 105C: Regulations may incorporate material by reference 1: Regulations made under section 105 105A a: financial reporting standards in effect under the Financial Reporting Act 2013 section 5(1) financial reporting standards b: a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation: c: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries: d: any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations. 2: The material may be incorporated by reference in the regulations— a: in whole or in part; and b: with modifications, additions, or variations specified in the regulations. 3: The incorporated material— a: is as that exists at the time that the regulations are made; and b: forms part of the regulations for all purposes and has legal effect accordingly. 4: An amendment to, or replacement of, a financial reporting standard in regulations made under section 105 105A initial regulations sections 27 28 Financial Reporting Act 2013 a: the amendment or replacement is made by the External Reporting Board in accordance with that Act; and b: the amendment or replacement is of the same general character as the standard that is amended or replaced; and c: the initial regulations state that amendments or replacements have this effect. 5: An amendment to, or replacement of, any other material in the initial regulations referred to in subsection (1) has legal effect as part of the initial regulations only if it is specifically incorporated by amendment regulations to the initial regulations. 6: A copy of material incorporated by reference in regulations made under section 105 105A a: certified as a correct copy by the chief executive; and b: retained by the chief executive. 7: The production in proceedings of a certified copy of the material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material. 8: Material incorporated by reference in regulations made under section 105 105A 9: The department responsible for the administration of this Act must— a: provide electronic access to any material incorporated by reference in regulations made under this section, unless doing so would infringe copyright; and b: make the material available for inspection during working hours, free of charge, at the department's head office and at any other place that the chief executive determines is appropriate. 10: A failure to comply with subsection (9) does not invalidate regulations that incorporate any material incorporated by reference in regulations made under section 105 105A 11: Subpart 1 section 114 12: 13: Section 105C inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 Section 105C(1)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 105C(4) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 105C(11) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 105C(12) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 105C(13) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 105D: Requirement to consult on proposal to incorporate material by reference 1: Before regulations incorporating material by reference are made under section 105 105A a: make copies of the material proposed to be incorporated by reference (the proposed material administering department b: state where copies of the proposed material are available for purchase; and c: make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and d: give notice in the Gazette i: that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and ii: that copies of the proposed material can be purchased and stating the places at which they can be purchased; and iii: if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and f: consider any comments made. 2: The chief executive— a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and b: must, if paragraph (a) applies, give notice in the Gazette 3: The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administrating department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else. 4: A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 105C 5: For the purposes of subsection (1)(c), a chief executive may not rely on section 66 6: Nothing in this section applies to material proposed to be incorporated by reference described in section 105C(1)(a) 7: In this section, proposed material a: the material itself: b: an accurate translation in an official New Zealand language of the material, if the material is not in an official New Zealand language. Section 105D inserted 24 May 2013 section 58 Crown Minerals Amendment Act 2013 2: Savings and transitional provisions Part 2 replaced 24 May 2013 section 59 Crown Minerals Amendment Act 2013 106: Savings and transitional provisions The savings and transitional provisions set out in Schedule 1 Section 106 replaced 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Existing privileges Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 107: Existing privileges to continue Section 107 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 108: Administration of existing privileges Section 108 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 109: Bonds and monetary deposits Section 109 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 110: Fees payable by holders of existing privileges Section 110 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 110A: Data lodgement requirements in respect of petroleum licences Section 110A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 110B: Extension of term of petroleum prospecting licences Section 110B repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 111: Right to new permits Section 111 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 111A: No application under section 103D of Mining Act 1971 for extension of duration of mining privilege Section 111A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Existing applications Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 112: Existing applications under Mining Act 1971 Section 112 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 113: Existing applications under Coal Mines Act 1979 Section 113 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 114: Existing applications under Petroleum Act 1937 Section 114 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 114A: Priority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937 Section 114A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Transitional arrangements regarding access to land Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 115: Existing agreements regarding land access not affected Section 115 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 Miscellaneous provisions Heading repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 116: Notices under section 24 of Mining Act 1971 Section 116 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 117: Minister's obligations in respect of minerals programmes Section 117 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 118: Granting of petroleum permits before minerals programme issued Section 118 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 119: Restriction on granting of permits Section 119 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 119A: No compensation Section 119A repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 120: Repeals and revocations Section 120 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 121: Consequential amendments Section 121 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 122: Savings as to compensation claims Section 122 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013 123: Savings as to court proceedings Section 123 repealed 24 May 2013 section 59 Crown Minerals Amendment Act 2013

DLM248777

1991

Harbour Boards Dry Land Endowment Revesting Act 1991

1: Short Title This Act may be cited as the Harbour Boards Dry Land Endowment Revesting Act 1991. 2: Interpretation In this Act, unless the context otherwise requires,— Chief Surveyor Survey Act 1986 controlling authority a: in relation to any land specified in Part A b: in relation to any land specified in Part B c: in relation to any land specified in Part C Harbour Board Harbours Act 1950 local authority Local Government Act 2002 Minister successor Part 2B Treaty of Waitangi Treaty section 2 Section 2 local authority substituted 1 July 2003 section 262 Local Government Act 2002 3: Treaty of Waitangi All persons exercising functions and powers under this Act shall have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) 4: Land to be revested in the Crown or held by local authority as reserve 1: Notwithstanding anything in the Local Government Act 1974 or the Local Government Act 2002 subsections (2) to (8) a: declare any area of land specified in Part A i: to be revested in the Crown and held for conservation purposes and such other purpose or purposes under the Conservation Act 1987 ii: to be a reserve and to be classified for such purposes under the Reserves Act 1977 b: c: declare any area of land specified in Part C Reserves Act 1977 2: Any strip of land not exceeding 20 metres in width that is revested in the Crown by an Order in Council made under subsection (1)(a) may be declared by the order to be held as a marginal strip for the purposes of the Conservation Act 1987 3: Where any land is declared under subsection (1) or subsection (2) to be held for any purpose under the Conservation Act 1987 a: in the case of land declared to be held for conservation purposes, as if the declaration had been notified under section 7 b: in the case of land declared to be held for any other specified purpose or purposes under that Act, as if the declaration had been notified under section 18 c: in the case of land declared to be held as a marginal strip, as if the land were reserved as a marginal strip by section 24 4: 5: Where any land is declared under paragraph (a) or paragraph (c) of subsection (1) to be a reserve and to be classified for any purpose under the Reserves Act 1977 section 16 6: No Order in Council shall be made under subsection (1) in respect of— a: any land that has been transferred to a port company pursuant to the Port Companies Act 1988 b: any land identified at the commencement of this Act on a port company plan under that Act; or c: any land included in a proposed transfer of land to a port company pursuant to that Act, being a transfer that was commenced before the commencement of this Act but has not been completed. 7: Upon the revesting of any land in the Crown under this section,— a: the former vesting of that land in a local authority, whether pursuant to the Local Government Act 1974 or the Local Government Act 2002 b: that land shall be deemed to be revested in the Crown as if it had never been alienated from the Crown and free from all subsequent trusts, reservations, restrictions, and conditions. 8: No Order in Council shall be made under subsection (1) in respect of any specified land unless the land has been identified for the purposes of this section on a plan that is lodged in the office of the Chief Surveyor and is certified as correct for the purposes of this section by the Chief Surveyor. 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 4(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 4(1)(b) repealed 12 March 1993 section 12(3)(a) Reserves and Other Lands Disposal Act 1993 Section 4(4) repealed 12 March 1993 section 12(3)(a) Reserves and Other Lands Disposal Act 1993 Section 4(7)(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 4(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Endowments of dry harbour land not to be sold without approval of Minister 1: Any land that may be made subject to an Order in Council made under section 4 2: The approval of the Minister under subsection (1)— a: may be given subject to such exceptions, restrictions, and conditions as the Minister thinks fit, including any condition or restriction requiring the vendor to deal with money received by the vendor from the sale or exchange of land in a manner specified by the Minister, or requiring the vendor to obtain the consent of the Minister to the terms of any agreement or of any specified kind of agreement proposed to be entered into by the vendor in the exercise of the powers to which the approval relates; and b: shall be notified in the Gazette c: shall take effect on the date of publication of such notice or such other date as the Minister may specify in the notice. 3: Every agreement to sell or otherwise dispose of any such land, that is entered into without the approval of the Minister under this section, shall be unlawful and shall have no effect. 4: Nothing in this Act shall apply to any land sold or otherwise disposed of in accordance with this section. 6: Protection of endowments of dry harbour land 1: Except with the approval in writing of the Minister, no person shall destroy, damage, or modify, or cause to be destroyed, damaged, or modified— a: the whole or any part of any area of land specified in the Schedule that has not been sold or otherwise disposed of under section 5 b: any of the natural resources or historic resources of any such area. 2: The Minister may grant an approval under subsection (1) subject to such conditions as he or she thinks fit, or may decline to grant an approval. 3: Every person commits an offence against this Act who— a: contravenes subsection (1); or b: is in breach of any condition imposed by the Minister under subsection (2). 4: In this section, natural resources historic resources Conservation Act 1987 7: Saving of existing authorities, agreements, and rights 1: Subject to this section, where an Order in Council is made under section 4 a: every lease, licence, permit, consent, or other authority granted by a Harbour Board or a local authority (whether as a successor or otherwise); and b: every agreement in writing by such a Board or local authority to grant a lease, licence, permit, consent, or other authority; and c: every right within the meaning of the word rights section 2 that is, immediately before the commencement of that order, in effect in respect of any land specified in that order shall, to the extent to which it is lawful, continue to have effect in respect of that land according to its tenor. 2: The Minister is hereby authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the Crown in respect of any land specified in the Schedule. 3: The controlling authority may take all such proceedings as may be necessary to enforce any condition in any such lease, licence, permit, consent, or other authority as if the controlling authority had granted that authority. 4: Where an Order in Council is made under section 4 a: shall have reasonable access to the property; and b: may, after giving reasonable notice to the controlling authority, remove the property. 5: Nothing in subsection (4) shall limit or affect any lease, licence, permit, consent, other authority, agreement, or right continued in force by subsection (1). 8: Provisions relating to existing records of title 1: Every existing record of title section 4 Registrar-General of Land 2: Where the record of title Registrar-General of Land record of title record of title the Registrar-General of Land 3: Section 8 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(3) repealed 12 November 2018 section 250 Land Transfer Act 2017 9: Minister may apply for new records of title 1: The Minister may cause a plan of survey of any land revested in the Crown by an Order in Council made under section 4 licensed cadastral surveyor with the Registrar-General of Land 2: On or after the deposit of a plan of survey approved by the Chief Surveyor, the Registrar-General of Land Land Transfer Act 2017 record of title 3: Where a new record of title Registrar-General of Land record of title record of title 4: The Registrar-General of Land record of title record of title 5: Nothing in this section shall prevent the Minister applying in accordance with the provisions of the Land Transfer Act 2017 record of title section 4(1) Section 9 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 1 June 2002 section 68(1) Cadastral Survey Act 2002 Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(5) amended 12 November 2018 section 250 Land Transfer Act 2017 10: Other Acts affected The provisions of this Act shall have effect notwithstanding the provisions of the Land Transfer Act 2017 Section 10 amended 12 November 2018 section 250 Land Transfer Act 2017 11: Act not to render Crown liable for civil wrong Nothing effected or authorised by or under this Act— a: shall be regarded as making the Crown guilty of a civil wrong; or b: shall be regarded as— i: placing the Crown in breach of any contract, deed, agreement, or other instrument having effect in respect of any land specified in the Schedule; or ii: assigning to the Crown any liability of any local authority under any such contract, deed, agreement, or instrument; or c: shall be regarded as placing the Crown or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any land or any other property. 12: Penalties Every person who commits an offence against this Act is liable,— a: in the case of a natural person, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $10,000, and, where the offence is a continuing one, to a further fine not exceeding $1,000 for every day on which the offence has continued: b: in the case of a body corporate, to a fine not exceeding $80,000, and, where the offence is a continuing one, to a further fine not exceeding $10,000 for every day on which the offence has continued. 13: Offenders liable for loss or damage 1: Every person convicted of an offence against this Act shall be liable for any loss or damage or expenses arising from or caused by the act constituting the offence in addition to the penalty for the offence; and the amount payable in respect of the loss or damage or expense may be awarded by the court in fixing the penalty and may be recovered as a fine. 2: In assessing any amount payable under subsection (1), the court may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act, and shall take into account all other relevant factors. 14: Amendment to Conservation Act 1987 Amendment(s) incorporated in the Act(s) 15: Repeals Amendment(s) incorporated in the Act(s)

DLM250156

1991

Civil Aviation Amendment Act 1991

1: Short Title This Act may be cited as the Civil Aviation Amendment Act 1991, and shall be read together with and deemed part of the Civil Aviation Act 1990 2: 3: 4: 5: Appeal to District Court 1: 2: Nothing in subsection (1) 6: 7: 8: Transitional provisions relating to civil aviation regulations Subsection (1) amended 10 August 1992 39 Civil Aviation Amendment Act 1992 by inserting the words and for the purposes of the principal Act shall be deemed to be regulations made also under that Act Section 8 repealed 1 April 1997 14(1) Civil Aviation Amendment Act 1991 9: Delegation of functions and powers under civil aviation regulations Subsection (1) substituted (1A) (1B) inserted 10 August 1992 39 Civil Aviation Amendment Act 1992 Subsection (2) amended 13 August 1996 Civil Aviation Amendment Act 1996 by substituting the words Neither the Authority nor the Director shall The Secretary shall not Subsection (3) amended 10 August 1992 39 Civil Aviation Amendment Act 1992 by substituting the words Authority or the Director, as the case may be Secretary Subsections (4) (5) amended 10 August 1992 39 Civil Aviation Amendment Act 1992 by substituting the words Authority or the Director Secretary Subsection (6) amended 10 August 1992 39 Civil Aviation Amendment Act 1992 by substituting the word person Secretary amended by substituting the words that office office as Secretary Section 9 repealed 1 April 1997 14(1) Civil Aviation Amendment Act 1991 10: Refund of part of fees and charges paid under Civil Aviation Charges Regulations 1990 1: Subject to subsection (2) Authority Civil Aviation Charges Regulations 1990 a: The amount of that fee or charge under those regulations; and b: The amount of the corresponding fee or charge under the Civil Aviation Charges Regulations 1991 2: No refund shall be payable under subsection (1) Civil Aviation Charges Regulations 1990 Subsection (1) amended 10 August 1992 39 Civil Aviation Amendment Act 1992 by substituting the word Authority Secretary 11: 12: See, as from 20 August 1993 Land Transport Act 1993 8(2)(f) amended 11(2) substituted 13: Savings 1: Notwithstanding its repeal by section 101(1) Civil Aviation Act 1990 section 23 of the Civil Aviation Act 1964 5 years a: That section had not been repealed; and b: References in that section to the Act were references to the Civil Aviation Act 1990 c: References in that section to regulations and Proclamations were references to the Civil Aviation Regulations 1953 Civil Aviation Act 1964 2: Notwithstanding its repeal by section 101(3) section 9(3) Crown Proceedings Act 1950 5 years 3: For the purposes of subsection (2) Civil Aviation Regulations 1953 Subsections (1) (2) amended 20 August 1993 22 Civil Aviation Amendment Act 1993 by substituting the expression 5 years 3 years 14: Expiry of sections 8 9 1: Sections 8 9 2: The regulations continued in force by, or made under, section 8 section 9 3: All orders, notices, requirements, circulars, and other publications continued in force by section 8 4: Every act, matter, or thing commenced pursuant to an instrument of delegation in force under section 9 Subsection (1) amended 20 August 1993 22 Civil Aviation Amendment Act 1993 by substituting the expression 5 years 3 years Section 14 substituted 13 August 1996 Civil Aviation Amendment Act 1996

DLM250148

1991

Local Government Amendment Act (No 3) 1991

1: Short Title This Act may by cited as the Local Government Amendment Act (No 3) 1991, and shall be read together with and deemed part of the Local Government Act 1974 2: Road access 1: This subsection amended 321(3)(c) 2: This subsection amended s 321(3)(e)(i) 3: This subsection inserted s 321(3)(ca) 3: Validation Any action taken or decision made under the Local Government Act 1974 Resource Management Act 1991

DLM259601

1991

Fisheries Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Fisheries Amendment Act 1991, and shall be read together with and deemed part of the Fisheries Act 1983 2: Except as provided in section 7(4) 2: 3: 4: Appeal against allocation or failure to allocate provisional maximum individual transferable quota 1: This subsection amended s 28H(1) 2: This subsection amended s 28H(2) 3: This subsection amended s 28H(3) 4: This subsection amended s 28H(4) 5: Nothing in this section affects the validity, or prevents the continuation, of any appeal lodged before the date of the commencement of this section. 5: Appeal against allocation or failure to allocate provisional maximum transferable term quota 1: This subsection amended s 28HA(1) 2: This subsection amended s 28HA(2) 3: This subsection amended s 28HA(3) 4: This subsection amended s 28HA(4) 5: Nothing in this section affects the validity, or prevents the continuation, of any appeal lodged before the date of the commencement of this section. 6: Interpretation of provisions relating to compensation 1: 2: 3: 4: Subsection (3) repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 Subsection (4) repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 7: 8: 9: 10: Limit on total compensation payable 1: This subsection inserted section 15(aa) 2: 3: 4: Subsections (4) and (5) amended section 28OJ(1) 5: Subsections (4) and (5) amended section 28OJ(1) 6: Subsection (3) repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 Subsection (6) repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 Subsection (2) repealed 1 October 1995 section 9(4)(d) Fisheries Amendment Act 1995 11: 12: Manner and timing of payment of compensation 1: This subsection substituted s 28OL(1)(a) 2: 3: This section substituted s 28OL(3)(a) 4: No person shall have any claim against the Crown, the Minister, the Association, the Federation, or the Commission by reason of any delay in the payment of compensation that became payable under the principal Act before the commencement of this Act. 5: Notwithstanding anything in the principal Act, where compensation is payable under any of sections 28OG to 28OI a: In the case of rock lobster (if the compensation balance is sufficient), the payment due shall be paid out of the compensation balance as at the date of the commencement of this Act and be paid before the close of the next quarter after that date of commencement: b: In the case of any other species of fish (if the compensation balance is sufficient), the full amount of the agreed preliminary percentage of compensation shall be paid out of the compensation balance as at that date of commencement and be paid before the close of the next quarter after that date of commencement: c: If the compensation balance is insufficient to enable the payments referred to in paragraphs (a) and (b) of this subsection to be paid, the payments due shall be paid in accordance with the priorities set out in section 28OL(2) Subsection (2) repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 13: 14: 15: 16: 17: 18: 19: Commercial fishermen may be required to pay deemed value of excess or unauthorised quota fish 1: This subsection inserted s 28ZD(3) 2: Demands may be made under section 28ZD 20: 21: 22: 23: 24: 25: 26: Special regulations relating to freshwater farming 1: This subsection substituted s 91(e) 2: The following enactments are hereby consequentially repealed: a: Section 25 of the Fisheries Amendment Act 1986: b: Section 2(1) 27: 28: 29: Section 29 repealed 1 October 1994 section 8(3)(c) Fisheries Amendment Act 1994 30: Payments to Crown in lieu of disposal or surrender of fish taken contrary to Act 1: Where, in relation to any fish taken before the commencement of this section,— a: Any person either— i: Has notified or notifies a Fishery Officer or any employee of the Ministry of the matters notifiable under section 88(1)(c)(i) section 105A(1)(c)(ii) ii: Has furnished or furnishes the Director-General or the Ministry with a return in a form purporting to be required by the Director-General under section 66 b: That person or a licensed fish receiver— i: Has paid to the Crown a sum (including any interest and any additional amount for late payment) sought by the Crown in respect of the value of the fish referred to in the notice or return; or ii: Either— A: Has received a request or demand from the Crown to pay a sum in respect of the value of the fish referred to in the notice or return, being a request or demand that was not cancelled or withdrawn by the Crown before the commencement of this Act; or B: Receives a request or demand, being a request or demand made for the first time, to pay a sum in respect of the value of the fish referred to in the notice or return or receives a request or demand to pay such a sum that is issued in place of a request or demand that was made and subsequently cancelled or withdrawn by the Crown; or iii: Has entered into any agreement or made any arrangement with the Crown in respect of the fish referred to in the notice or return, being an agreement or arrangement in respect of quota held by that person or another person whereby— A: The fish taken were regarded for the purposes of the agreement or arrangement as having been taken under the authority of that quota; and B: The right to take fish under the authority of that quota was adjusted accordingly,— then, as the case may be,— c: The sum paid shall be deemed to have been validly paid and the Crown shall be entitled to retain that sum; or d: The request or demand shall be deemed to have been validly made and shall be treated as a lawful debt due to the Crown by the person or licensed fish receiver, and that debt shall, subject to subsection (3) of this section, be deemed to be a statutory debt within the meaning of section 13A of the Ministry of Agriculture and Fisheries Act 1953 and may be recovered in any Court of competent jurisdiction; or e: The agreement or arrangement shall be deemed to have been validly made and all of the parties thereto shall be bound by it. 2: Every request or demand referred to in subsection (1)(b)(ii)(B) of this section, not being a request or demand made in place of, and for the same amount as, a request or demand cancelled or withdrawn by the Crown, shall be for a sum calculated having regard to the basis on which any like requests or demands were calculated before the commencement of this Act. 3: Section 13A of the Ministry of Agriculture and Fisheries Act 1953 shall apply to debts due under this section as if such debts are payable within 3 months after the date on which payment is demanded (being a demand made on or after the commencement of this Act). 4: Nothing in subsection (1) of this section affects any demand made under section 28ZD 31:

DLM228931

1991

Driftnet Prohibition Act 1991

1: Short Title and commencement 1: This Act may be cited as the Driftnet Prohibition Act 1991. 2: This Act shall come into force on 15 April 1991. 2: Interpretation In this Act, unless the context otherwise requires,— Convention Convention Area a: the high seas (not being waters under the fisheries jurisdiction of any State or territory) within the area lying between the latitudes 10 degrees North latitude and 50 degrees South latitude that is eastward of 130 degrees East longitude and westward of 120 degrees West longitude; and b: all waters under the fisheries jurisdiction of any Party to the Convention that— i: lie within the area specified in paragraph (a); or ii: are adjacent to any territory of the Party that is situated wholly or partly within that area Director-General responsible chief executive driftnet a: either singly or tied or connected together in combination with other nets is more than 1 kilometre in length; and b: acts by enmeshing, entrapping, or entangling any fish or marine life; and c: acts by drifting in the water, or on the surface of the water; and d: does not have attached to it sufficient means of anchoring it to any point of land or the sea bed (irrespective of whether the net has attached to it any means of being attached to any vessel) enforcement officer a: any officer of the New Zealand Naval Forces of the rank of midshipman or above: b: any other member of the New Zealand Armed Forces authorised in writing for the time being by the Chief of Defence Force to be an enforcement officer for the purposes of this Act: c: any Fishery Officer appointed or deemed to have been appointed as such under subsection (1) or subsection (4) of section 76 foreign vessel internal waters of New Zealand section 4 , Contiguous Zone, master Minister New Zealand fisheries waters section 2(1) New Zealand vessel section 2 of the Shipping and Seamen Act 1952 Civil Aviation Regulations 1953 owner take vessel Section 2 Director-General amended 1 July 1995 Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 2 internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 3: Definition of driftnet fishing For the purposes of this Act, the term driftnet fishing a: taking fish or marine life with the use of a driftnet: b: attempting to take fish or marine life with the use of a driftnet: c: engaging in any other activity which could reasonably be expected to result in the taking of fish or marine life with the use of a driftnet, including searching for and locating fish to be taken by that method: d: any operations at sea in support of, or in preparation for, any activity described in this definition, including— i: operations of placing, searching for, or recovering fish-aggregating devices or associated electronic equipment such as radio beacons; and ii: operations involving the preparation, supply, storage, refrigeration, transhipment, transportation, or processing of any fish or marine life taken with the use of a driftnet: e: the use of aircraft in support of the activities described in this definition, except for flights in emergencies involving the health or safety of crew members or the safety of a vessel. Prohibitions on driftnet fishing and related activities 4: Prohibition on driftnet fishing in New Zealand fisheries waters 1: No vessel shall be used for driftnet fishing in New Zealand fisheries waters. 2: No person shall engage in driftnet fishing in New Zealand fisheries waters. 5: Prohibition on driftnet fishing in Convention Area 1: No New Zealand vessel shall be used for driftnet fishing in the Convention Area. 2: No New Zealand citizen shall engage in driftnet fishing in the Convention Area. 6: Prohibition of driftnets on vessels No vessel in New Zealand fisheries waters shall have on board any driftnet. 7: Prohibition on transportation and transhipment 1: No vessel in New Zealand fisheries waters shall be used to transport or tranship, or in an attempt to transport or tranship, any fish or marine life taken using a driftnet. 2: No person in New Zealand fisheries waters shall transport or tranship, or attempt to transport or tranship, any fish or marine life taken using a driftnet. 3: No New Zealand vessel in the Convention Area shall be used to transport or tranship, or in an attempt to transport or tranship, any fish or marine life taken using a driftnet. 4: No New Zealand citizen in the Convention Area shall transport or tranship, or attempt to transport or tranship, any fish or marine life taken using a driftnet. 8: Prohibition on landing 1: No vessel shall be used to land, or in an attempt to land, in New Zealand any fish or marine life taken using a driftnet. 2: No person shall land or attempt to land in New Zealand any fish or marine life taken using a driftnet. 9: Prohibition on processing No person shall process or attempt to process in New Zealand any fish or marine life taken using a driftnet. 10: Prohibition on visits by driftnet fishing vessels No foreign vessel that— a: has on board any driftnet, or is otherwise equipped for driftnet fishing; or b: has within the preceding 3 months been engaged in driftnet fishing (whether within or outside New Zealand fisheries waters or the Convention Area),— shall enter the internal waters of New Zealand. 11: Prohibition on supplying and provisioning driftnet fishing vessels 1: No vessel shall be used in New Zealand fisheries waters to supply food, fuel, or other goods and services to any vessel engaged or that is to engage in driftnet fishing in New Zealand fisheries waters or the Convention Area. 2: No person shall acquire food, fuel, or other goods and services in New Zealand for the purpose of supply to any vessel engaged or that is to engage in driftnet fishing in New Zealand fisheries waters or the Convention Area. 3: No New Zealand vessel shall be used to supply any fuel, food, or other goods and services to any vessel engaged or that is to engage in driftnet fishing in the Convention Area. 4: No New Zealand citizen shall supply any fuel, food, or other goods and services to any vessel engaged or that is to engage in driftnet fishing in the Convention Area. 5: Nothing in this section shall prevent the supply of such food, fuel, and other goods and services as is necessary to enable a vessel to proceed safely and directly to a port outside New Zealand. 12: Power to deny entry to driftnet fishing vessels and supply vessels 1: Where the Director-General has reasonable grounds to believe that— a: any foreign vessel— i: has on board any driftnet, or is otherwise equipped for driftnet fishing; or ii: has within the preceding 3 months been engaged in driftnet fishing (whether within or outside New Zealand fisheries waters or the Convention Area); or b: any foreign vessel is to be used to supply any food, fuel, or other goods and services acquired or to be acquired in New Zealand to any vessel engaged or to be engaged in driftnet fishing in New Zealand fisheries waters or the Convention Area,— the Director-General may direct the vessel not to enter the internal waters of New Zealand or, if it has entered the internal waters of New Zealand, to leave those waters. 2: No vessel shall— a: enter the internal waters of New Zealand in contravention of any direction given under subsection (1); or b: having entered the internal waters of New Zealand, fail in contravention of any direction given under subsection (1) to leave those waters as soon as is reasonably practicable,— unless the direction is withdrawn by the Director-General under subsection (3)(c). 3: A direction under subsection (1)— a: shall be notified to the master or owner of the vessel in such manner as may be practicable in the circumstances; and b: shall, if given otherwise than in writing, be recorded in writing and forwarded to the owner or master of the vessel as soon as is reasonably practicable; and c: may at any time be withdrawn by the Director-General, upon being satisfied that the vessel is not engaged or to engage in driftnet fishing, or is not to supply vessels engaged or to engage in driftnet fishing in New Zealand fisheries waters or the Convention Area. 4: Nothing in this section shall prevent a vessel from entering or remaining in the internal waters of New Zealand for such period as is necessary for the purposes of obtaining such food, fuel, and other goods and services necessary to enable it to proceed safely and directly to a port outside New Zealand. Powers of enforcement officers, etc 13: Powers of search 1: An enforcement officer may, for the purpose of enforcing the provisions of this Act,— a: stop and go on board any— i: vessel that is in New Zealand fisheries waters; or ii: New Zealand vessel that is in the Convention Area,— and inspect and examine the vessel, including any machinery, equipment, or other property or articles on board the vessel; and b: where there is reasonable cause to believe that any offence is being or has been committed against this Act by or from or in relation to that vessel,— i: require the owner or the master or any member of the crew of the vessel to produce any certificate, official logbook, or other document in the possession or under the control of the owner, master, or crew member that relates to the vessel: ii: require the master to produce any certificate of registration, charter, or other document, or to provide other information relating to the owner of the vessel: iii: take copies of any record or document referred to in subparagraph (i) or subparagraph (ii), where the record or document is relevant to a suspected offence against this Act: iv: require the master of the vessel, or any other person, to give any explanation or information concerning that vessel, or any fish, marine life, fishing method, machinery, equipment, records or documents, or other article or thing on board or connected with the vessel. 2: An enforcement officer may, where the officer has reasonable cause to believe that any offence is being or has been committed against this Act, and that any fish, marine life, net, equipment, or other thing to which any suspected offence against this Act relates is being concealed or is located in any premises (including any vessel or vehicle, but not including any private dwellinghouse),— a: stop (where appropriate), enter, and inspect the premises, and examine (by opening where necessary) any property, record, document, or other article therein: b: require any person to give any explanation or information concerning the premises, or any fish, marine life, property, record, document, or other article therein: c: take copies of any record or document referred to in paragraph (a), where the record or document is relevant to a suspected offence against this Act. 3: Nothing in subsection (1)(b)(iv) or subsection (2)(b) requires a person to answer any question where to do so would tend to incriminate that person. 3A: The provisions of subparts 1 4 5 7 9 10 4: An enforcement officer may, for the purpose of exercising any power under this section to take copies of any record or document, take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such record or document. Section 13(3A) inserted 1 October 2012 section 235 Search and Surveillance Act 2012 14: Powers of arrest 1: Where an enforcement officer— a: has reasonable cause to believe that any person is committing or has committed an offence against this Act; and b: considers that there is a real risk that the person may not be able to be served with proceedings under this Act, or may not appear to answer any such proceedings,— the enforcement officer may arrest that person. 2: Where an enforcement officer arrests a person pursuant to subsection (1),— a: the officer shall cause the person to be delivered into the custody of a constable as soon as practicable; and b: if the person so delivered into custody is issued with a summons pursuant to sections 28 to 30 section 31 Section 14(2)(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 15: Powers of seizure 1: An enforcement officer may seize— a: any fish or marine life that the officer believes on reasonable grounds is being taken or has been taken, transported, transhipped, landed, or processed in contravention of this Act: b: any vessel, vehicle, fishing gear, implement, appliance, material, container, goods, or equipment that the officer believes on reasonable grounds is being or has been or is intended to be used in the commission of an offence against any of sections 4 to 10 c: any goods that the officer believes on reasonable grounds have been acquired or are to be supplied in contravention of section 11 2: Subject to section 18 subparts 1 5 6 7 9 10 Section 15(2) inserted 1 October 2012 section 236 Search and Surveillance Act 2012 16: Custody of property seized Section 16 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 17: Release of property by Director-General Section 17 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 18: Spoilage or deterioration of fish, etc, seized 1: Where, in the opinion of the Director-General, any fish, marine life, or other article seized pursuant to section 15 2: The Crown shall not be liable to any person for any spoilage or deterioration in the quality of any fish or marine life seized under section 15 19: Disposal of property where ownership cannot be ascertained Section 19 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 20: Release of property by court Section 20 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 21: Final release of seized property Section 21 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 22: Persons assisting enforcement officer Section 22 repealed 1 October 2012 section 237 Search and Surveillance Act 2012 23: Protection of enforcement officers and assistants from liability 1: Any enforcement officer who does, or omits to do, any act in pursuance or intended pursuance of this Act, and any person giving assistance to an enforcement officer when called upon to do so under section 22 2: The Crown shall not be held directly or indirectly liable for any such act or omission or assistance, unless the enforcement officer or person concerned would himself or herself incur liability for the act or omission or assistance. 24: Enforcement officer to produce evidence of authority to act Section 24 repealed 1 October 2012 section 238 Search and Surveillance Act 2012 Proceedings for offences, etc 25: Offences 1: Every person commits an offence against this Act, and is liable on conviction to a fine not exceeding $250,000, who— a: is the owner or master of any vessel— i: that is used in contravention of any of sections 4(1) 5(1) 7(1), 7(3) 8(1) ii: that has a driftnet on board in contravention of section 6 iii: that enters the internal waters of New Zealand in contravention of section 10 section 12(2) b: contravenes section 9 2: Every person commits an offence against this Act, and is liable on conviction to a fine not exceeding $100,000, who— a: contravenes any of sections 4(2) 5(2) 7(2), 7(4) 8(2) b: is the owner or master of any vessel that is used in contravention of section 11(1) section 11(3) 3: Every person commits an offence against this Act, and is liable on conviction to a fine not exceeding $50,000, who contravenes section 11(2) or section 11(4) 4: Every person commits an offence against this Act, and is liable on conviction to a fine not exceeding $20,000, who— a: resists or obstructs, or incites or encourages any other person to resist or obstruct, any enforcement officer while in the execution of the enforcement officer's powers or duties, or any person lawfully assisting the enforcement officer; or b: fails without reasonable cause to comply with the requirements of any enforcement officer; or c: furnishes to any enforcement officer any particulars knowing that those particulars are false or misleading in any material respect, or being reckless as to whether those particulars are so false or misleading. 26: Proceedings for offences 1: Any offence against this Act that is committed within New Zealand fisheries waters, or within the Convention Area by a New Zealand citizen or by use of a New Zealand vessel, shall be deemed to have been committed in New Zealand. 2: 3: Despite anything to the contrary in section 25 Section 26(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 27: Strict liability In any prosecution for an offence against any of sections 4 to 12 28: Defences 1: In any proceedings for an offence against this Act it shall, subject to subsection (2), be a defence if— a: in the case of an offence against section 4 section 5 i: the defendant was engaged, or the vessel was used, only in any activity or operation referred to in paragraphs (c) to (e) of the definition of the term driftnet fishing in section 3 ii: the defendant did not know, and could not with the exercise of reasonable diligence have ascertained, that the activity or operation was in support of or preparation for or otherwise related to the taking of fish or marine life by use of a driftnet: b: in the case of an offence against section 6 c: in the case of an offence against section 7 section 8 section 9 i: the defendant satisfies the court that the defendant did not know, and could not with the exercise of reasonable diligence have ascertained, that the fish or marine life to which the offence relates was taken using a driftnet; or ii: the fish or marine life to which the offence relates was preserved in containers in a country other than New Zealand; or iii: the transportation, transhipment, landing, or processing of the fish or marine life to which the offence relates was conducted at the direction or request of an enforcement officer, or was conducted in respect of fish or marine life disposed of by the Director-General or Minister pursuant to section 18 section 19 section 30 d: in the case of an offence against section 10 e: in the case of an offence against section 11 2: Where the owner or master of a vessel is charged with an offence specified in subsection (1)(a) or subsection (2)(b) of section 25 3: In any proceedings for an offence against this Act, it shall be a defence if the defendant proves that the act or omission constituting the offence took place in circumstances of stress or emergency and was necessary for the preservation, protection, or maintenance of human life. 29: Evidence in proceedings 1: In any proceedings for an offence against this Act, the following certificates or documents shall be admissible in evidence and shall, in the absence of proof to the contrary, be sufficient evidence of the matters stated in the certificate or of the contents of the document, as the case may require: a: a certificate purporting to be signed by the Minister of Foreign Affairs and stating— i: that any State, country, or territory specified in the certificate is a Party to the Convention; or ii: that an area specified in the certificate is within the Convention Area: b: a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate,— i: a vessel specified in the certificate was or was not registered under section 57 ii: a person specified in the certificate was or was not the owner of a registered fishing vessel specified in the certificate; or iii: a direction was given under section 12(1) c: any— i: certificate purporting to be signed by the Registrar of Ships appointed under the Shipping and Seamen Act 1952 ii: copy of a certificate of registry issued under the Shipping and Seamen Act 1952 d: any— i: certificate purporting to be signed by a Chief Surveyor appointed under the Survey Act 1986 chief executive of Land Information New Zealand ii: map, plan, or other such document purporting to be certified as true by a Chief Surveyor or by the chief executive of Land Information New Zealand e: any certificate purporting to be signed by a member of the Armed Forces within the meaning of the Defence Act 1990 i: the position of any vessel at a date and time specified in the certificate; or ii: that the member of the Armed Forces is satisfied that the equipment used to determine the position of any vessel was in proper working order and that the equipment was accurate within specifications detailed in the certificate. 2: A certificate purporting to be signed by a person referred to in subsection (1) may relate to any 1 or more of the matters with respect to which that person has authority to certify. 3: The production of any certificate or copy of any document for the purposes of this section purporting to be signed by any person authorised under this section to sign it shall be prima facie evidence of the certificate or copy without proof of the signature of the person purporting to have signed it. 4: Any certificate (not being a certified copy of a document) referred to in subsection (1) shall be admissible in evidence only if— a: at least 14 days before the hearing at which the certificate is to be tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate as a witness at the hearing; and b: the court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate should not be admissible as evidence in the proceedings. 5: Any copy of a record or other document taken by an enforcement officer under section 13 6: A copy of a record or document referred to in subsection (5) (including a copy of such a copy) shall be admissible in evidence only if— a: the prosecutor or an agent of the prosecutor serves on the defendant, or the defendant's agent or counsel, not less than 14 days before the hearing at which it is proposed to tender the copy in evidence,— i: notice of the prosecutor's intention to tender the copy in evidence; and ii: a copy of the copy to be so tendered; and b: the court has not, on the application of the defendant made not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), ordered that the copy should not be admissible as evidence in the proceedings. 7: The court shall not make an order under subsection (4) or subsection (6) unless it is satisfied that there is a reasonable doubt as to the accuracy or validity of the relevant certificate or copy. Section 29(1)(d)(i) amended 15 November 2000 section 3 Driftnet Prohibition Amendment Act 2000 Section 29(1)(d)(ii) amended 15 November 2000 section 3 Driftnet Prohibition Amendment Act 2000 30: Forfeiture of property on conviction 1: On the conviction of any person for an offence against any of sections 4 to 9 a: any vessel used in respect of the commission of the offence; and b: any vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, or equipment used in respect of the commission of the offence; and c: any fish or marine life in respect of which the offence was committed— shall be forfeit to the Crown, and shall be disposed of in such manner as the Minister thinks fit. 2: On the conviction of any person for an offence against section 11 3: Nothing in section 9 section 18 section 19 31: Revocations The following regulations are hereby revoked: a: the Exclusive Economic Zone (Driftnet) Regulations 1989 (SR 1989/197) b: the Fisheries (Driftnet) Regulations 1989 (SR 1989/198)

DLM250188

1991

Land Transfer Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Land Transfer Amendment Act 1991, and shall be read together with and deemed part of the Land Transfer Act 1952 2: This Act shall come into force on the day after the day on which it receives the Royal assent. 2: Fees 1: This subsection substituted section 235 2: 3: The Land Transfer Amendment Act 1963 section 16(2) , without fee or on payment of the prescribed fee, as the Registrar thinks fit 4: Section 17 Land Transfer Amendment Act 1966 5: For the avoidance of doubt, it is hereby declared that the prescription, demanding, payment, or receipt, before the commencement of this Act, of any fee was as valid and effectual as if subsections (1) and (2) of this section

DLM230212

1991

Judicature Amendment Act 1991

1: Short Title and commencement 1: This Act may be cited as the Judicature Amendment Act 1991, and shall be read together with and deemed part of the Judicature Act 1908 2: Except as provided in section 6(5) 2: 3: Abolition of Administrative Division of High Court 1: The Administrative Division of the High Court is hereby abolished. 2: This subsection repealed sections 25 to 26B 3: The Judicature Amendment Act 1968 4: 5: Every reference to the Administrative Division of the High Court in any enactment passed before the date of the commencement of this section (other than an enactment specified in the first column of the Schedule to this Act) or in any document executed before that date shall be deemed to be a reference to the High Court. 4: Appointment of Masters 1: This subsection amended section 26C(2) section 5 of the Judicature Amendment Act 1986 section 3 of the Judicature Amendment Act (No 2) 1988 2: Section 3 of the Judicature Amendment Act (No 2) 1988 5: 6: New sections substituted 1: This subsection substituted section 58A section 58B 2: This subsection amended section 59 3: This subsection amended section 60A 4: Section 9 Judicature Amendment Act 1979 5: This section shall come into force on the 1st day of October 1991. 7: Procedure This section inserted section 9(4A) 8: Transitional provisions Nothing in section 3

DLM230264

1991

Resource Management Act 1991

1: Short Title and commencement 1: This Act may be cited as the Resource Management Act 1991. 2: Except as provided in subsection (3), this Act shall come into force on 1 October 1991. 3: Section 1(3) repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 1: Interpretation and application 2: Interpretation 1: In this Act, unless the context otherwise requires,— abatement notice section 322 access strip section 237B Conservation Act 1987 Schedule 1 accommodated activity section 9(1) accredited section 39A adverse effects assessment a: by the Minister of Conservation under Part 1 of Schedule 12 b: by a regional council under section 17B(1)(a) Part 2 of Schedule 12 adverse effects report a: by the Minister of Conservation in accordance with Part 1 of Schedule 12 b: by a regional council under section 17B(1)(b) Part 2 of Schedule 12 agent agent of the ship a: any agent in New Zealand of the owner of the ship; or b: any agent of the ship agreement section 9(1) aircraft airport allotment section 218 amenity values applicant a: in sections 37A 40 41B 41C 42A i: for the purposes of a review of consent conditions, the consent holder; or ii: for any matter described in section 39(1) b: in section 96 i: initiates a matter described in section 39(1)(b) ii: holds a resource consent referred to in section 39(1)(c) iii: initiates a requirement for a designation: c: in Part 6AA section 141 aquaculture activities a: means any activity described in section 12 b: includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but c: does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed— i: are not in the exclusive and continuous possession or control of the person undertaking the activity; or ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed ; and d: does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment aquatic life section 2(1) bed a: in relation to any river— i: for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks: ii: in all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and b: in relation to any lake, except a lake controlled by artificial means,— i: for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin: ii: in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and c: in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and d: in relation to the sea, the submarine areas covered by the internal waters and the territorial sea benefits and costs best practicable option a: the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and b: the financial implications, and the effects on the environment, of that option when compared with other options; and c: the current state of technical knowledge and the likelihood that the option can be successfully applied biological diversity boundary activity boundary rule section 87AAB certificate of compliance consent authority or the Environmental Protection Authority section 139 change section 43AA Chief Freshwater Commissioner clause 65(3) climate change coastal marine area the foreshore, seabed, and coastal water, and the air space above the water a: of which the seaward boundary is the outer limits of the territorial sea: b: of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of— i: 1 kilometre upstream from the mouth of the river; or ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal permit section 87(c) coastal water a: seawater with a substantial fresh water component; and b: seawater in estuaries, fiords, inlets, harbours, or embayments combined document section 80 commercial fishing section 2(1) common marine and coastal area section 9(1) company lease a: that is granted by a company owning an estate or interest in the land; and b: that is held by a person by virtue of being a shareholder in the company,— and includes a licence within the meaning of section 122 completion certificate section 222 conditions consent authority consent notice section 221 constable section 4 contaminant odorous compounds, a: when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or b: when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged contaminated land a: has significant adverse effects on the environment; or b: is reasonably likely to have significant adverse effects on the environment contravene controlled activity section 87A(2) cross lease a: that is granted by any owner of the land; and b: that is held by a person who has an estate or interest in an undivided share in the land Crown organisation section 4 customary marine title area section 9(1) customary marine title group section 9(1) customary marine title order section 9(1) designation section 166 determination section 2(1) development capacity section 30(5) Director of Maritime New Zealand Director section 439 discharge discharge permit section 87(e) discretionary activity section 87A(4) district a: means the district of the territorial authority as defined in accordance with the Local Government Act 2002 b: includes, for the purposes of section 89 district plan section 43AA district rule section 43AAB dumping a: in relation to waste or other matter, its deliberate disposal; and b: in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment;— but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation, if those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation, or if the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter; and to dump dumped dwellinghouse employee a: in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and b: in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) enforcement officer a: in sections 327 328 333 section 38 b: in the rest of this Act, means an enforcement officer authorised under section 38 343I enforcement order section 319 section 314 section 320 environment a: ecosystems and their constituent parts, including people and communities; and b: all natural and physical resources; and c: amenity values; and d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters Environment Court court Environment Court section 247 Environmental Protection Authority EPA section 7 equivalent zone esplanade reserve Reserves Act 1977 a: which is either— i: a local purpose reserve within the meaning of section 23 section 239 ii: a reserve vested in the Crown or a regional council under section 237D b: which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229 esplanade strip section 232 section 229 excessive noise section 326 existing use certificate section 139A exploration Crown Minerals Act 1991 fast-track application section 87AAC fish section 2(1) fisheries resources section 2(1) fishing section 2(1) foreshore freshwater fresh water freshwater commissioner clause 65 freshwater hearings panel clause 38 freshwater planning instrument section 80A(2) and (8) freshwater planning process subpart 4 Part 4 geothermal energy geothermal water greenhouse gas section 4(1) harmful substance harvestable spat section 2(1) hazardous substance section 2 heritage order section 187 heritage protection authority section 187 historic heritage a: means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities: i: archaeological: ii: architectural: iii: cultural: iv: historic: v: scientific: vi: technological; and b: includes— i: historic sites, structures, places, and areas; and ii: archaeological sites; and iii: sites of significance to Māori, including wāhi tapu; and iv: surroundings associated with the natural and physical resources incineration to incinerate incinerated industrial or trade premises a: any premises used for any industrial or trade purposes; or b: any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or c: any other premises from which a contaminant is discharged in connection with any industrial or trade process;— industrial or trade process infrastructure a: pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, b: a network for the purpose of telecommunication as defined in section 5 c: a network for the purpose of radiocommunication as defined in section 2(1) d: facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person— i: uses them in connection with the generation of electricity for the person's use; and ii: does not use them to generate any electricity for supply to any other person: e: a water supply distribution system, including a system for irrigation: f: a drainage or sewerage system: g: structures for transport on land by cycleways, rail, roads, walkways, or any other means: h: facilities for the loading or unloading of cargo or passengers transported on land by any means: i: an airport as defined in section 2 j: a navigation installation as defined in section 2 k: facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) l: anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166 infringed boundary section 87AAB intensification planning instrument IPI section 80E(1) intensification streamlined planning process ISPP subpart 5A Part 6 interim enforcement order section 320 internal waters section 4 intrinsic values a: their biological and genetic diversity; and b: the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience iwi authority iwi participation legislation section 58L joint management agreement a: is made by a local authority with 1 or more— i: public authorities, as defined in paragraph (b) of the definition of public authority: ii: iwi authorities or groups that represent hapu; and b: provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority's functions, powers, or duties under this Act relating to a natural or physical resource; and c: specifies the functions, powers, or duties; and d: specifies the natural or physical resource; and e: specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and f: may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and g: if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and h: may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding kaitiakitanga lake land a: includes land covered by water and the airspace above land; and b: in a national environmental standard dealing with a regional council function under section 30 c: in a national environmental standard dealing with a territorial authority function under section 31 land use consent section 87(a) large lot residential zone section 77F lawyer section 6 local authority local board section 5(1) maataitai mahinga maataitai Mana Whakahono a Rohe subpart 2 mana whenua marine and coastal area section 9(1) marine incineration facility section 257 Maritime New Zealand section 429 master section 2(1) medium density residential standards MDRS Schedule 3A mineral section 2(1) mining Crown Minerals Act 1991 Minister Minister of Aquaculture Minister of Fisheries Fisheries Act 1996 mouth a: as agreed and set between the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed regional coastal plan; or b: as declared by the Environment Court section 310 and once so agreed and set or declared shall not be changed in accordance with Schedule 1 national environmental standard section 43 national planning standard section 58E national policy statement section 52 National Policy Statement on Urban Development NPS-UD a: that was approved by the Governor-General under section 52(2) b: as amended by section 77S(1) natural and physical resources natural hazard network utility operator section 166 new residential zone New Zealand coastal policy statement section 57 noise non-complying activity section 87A(5) notice of decision a: a copy of a decision on— i: an application for a resource consent; or ii: a requirement for a designation; or iii: a provision of a policy statement or plan; or b: a notice summarising a decision under paragraph (a) occupier a: the inhabitant occupier of any property; and b: c: for the purposes of section 16 occupy a: where the occupation is reasonably necessary for another activity; and b: where it is to the exclusion of all or any class of persons who are not expressly allowed to occupy that part of the coastal marine area by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent; and c: for a period of time and in a way that, but for a rule in the regional coastal plan and in any relevant proposed regional coastal plan or the holding of a resource consent under this Act, a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense offshore installation section 222(1) oil transfer site section 281 on-scene commander section 281 open coastal water operative section 43AA owner a: in relation to any land, means the person who is for the time being entitled to the rack rent of the land or who would be so entitled if the land were let to a tenant at a rack rent; and includes— i: the owner of the fee simple of the land; and ii: any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and b: in relation to any ship or offshore installation or oil transfer site, has the same meaning as in section 222(2) permitted activity section 87A(1) person plan section 43AA policy 3 Schedule 3B policy 4 Schedule 3B policy 5 Schedule 3B policy statement section 43AA prescribed prescribed form private road section 315 private way section 315 production land a: means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products): b: does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals and production prohibited activity section 87A(6) proposed plan section 43AAC proposed policy statement section 43AA prospecting Crown Minerals Act 1991 protected customary right section 9(1) protected customary rights area section 9(1) protected customary rights group section 9(1) protected customary rights order section 9(1) public authority a: in section 33 section 33(2) b: in section 36B i: a local authority; and ii: a statutory body; and iii: the Crown public boundary section 87AAB public notice section 2AB public work Public Works Act 1981 Reserves Act 1977 National Parks Act 1980 qualifying matter section 77I 77O raft region Local Government Act 2002 regional coastal plan section 43AA regional council a: has the same meaning as in section 5 b: includes a unitary authority within the meaning of that Act regional plan section 43AA regional policy statement section 43AA regional rule section 43AAB regulations relevant residential zone a: means all residential zones; but b: does not include— i: a large lot residential zone: ii: an area predominantly urban in character that the 2018 census recorded as having a resident population of less than 5,000, unless a local authority intends the area to become part of an urban environment: iii: an offshore island: iv: to avoid doubt, a settlement zone renewable energy requiring authority section 166 reservation section 2(1) residential unit a: means a building or part of a building that is used for a residential activity exclusively by 1 household; and b: includes sleeping, cooking, bathing, and toilet facilities residential zone resource consent section 87 restricted coastal activity section 68 restricted discretionary activity section 87A(3) river RMA permission right sections 66 68 road section 315 ; and includes a motorway as defined in section 2(1) Government Roading Powers Act 1989 rule section 43AA seaweed section 2(1) serve section 352 section 353 settlement zone section 77F ship section 2(1) soil conservation space special tribunal section 202 specified territorial authority a: every tier 1 territorial authority: b: a tier 2 territorial authority that is required by regulations made under section 80I(1) c: a tier 3 territorial authority that is required by regulations made under section 80K(1) State highway section 2(1) Government Roading Powers Act 1989 structure ; and includes any raft subdivision consent section 87(b) subdivision of land subdivide land section 218 submission survey plan cadastral survey dataset section 4 a: survey plan i: a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 2017 ii: a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 b: survey plan i: a unit plan; and ii: a cadastral survey dataset to give effect to the grant of a cross lease or company lease tangata whenua taonga raranga tauranga waka territorial authority Local Government Act 2002 territorial sea section 3 tier 1 territorial authority a: Auckland Council: b: Christchurch City Council: c: Hamilton City Council: d: Hutt City Council: e: Kapiti Coast District Council: f: Porirua City Council: g: Selwyn District Council: h: Tauranga City Council: i: Upper Hutt City Council: j: Waikato District Council: k: Waimakariri District Council: l: Waipa District Council: m: Wellington City Council: n: Western Bay of Plenty District Council tier 2 territorial authority a: Dunedin City Council: b: Hastings District Council: c: Napier City Council: d: Nelson City Council: e: New Plymouth District Council: f: Palmerston North City Council: g: Queenstown–Lakes District Council: h: Rotorua District Council: i: Tasman District Council: j: Whangarei District Council tier 3 territorial authority tikanga Maori Treaty of Waitangi (Te Tiriti o Waitangi) section 2 unit section 5(1) section 5(1) unit plan section 5(1) unitary authority section 5(1) use a: in sections 9 10 10A 10B 81(2) 176(1)(b)(i) 193(a) i: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land: ii: drill, excavate, or tunnel land or disturb land in a similar way: iii: damage, destroy, or disturb the habitats of plants or animals in, on, or under land: iv: deposit a substance in, on, or under land: v: any other use of land; and b: in sections 9 10A 81(2) 176(1)(b)(i) 193(a) variation section 43AA waste or other matter water a: means water in all its physical forms whether flowing or not and whether over or under the ground: b: includes fresh water, coastal water, and geothermal water: c: does not include water in any form while in any pipe, tank, or cistern water body water conservation order section 200 water permit section 87(d) wetland working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year. 2: In this Act, unless the context otherwise requires,— a: a reference to a Part, section, or schedule, is a reference to a Part, section, or schedule of this Act: b: a reference in a section to a subsection is a reference to a subsection of that section: c: a reference in a subsection to a paragraph is a reference to a paragraph of that subsection: d: a reference in a section to a paragraph is a reference to a paragraph of that section: e: a reference in a schedule to a clause is a reference to a clause of that schedule: f: a reference in a clause of a schedule to a subclause is a reference to a subclause of that clause: g: a reference in a subclause in a schedule to a paragraph is a reference to a paragraph of that subclause: h: a reference in a clause in a schedule to a paragraph is a reference to a paragraph of that clause. Section 2(1) access rights repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) access strip inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) accommodated activity inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) accredited inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) adverse effects assessment inserted 25 November 2004 section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) adverse effects report inserted 25 November 2004 section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) agent agent of the ship inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) aircraft inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) airport inserted 7 July 1993 section 2(1) Resource Management Amendment Act 1993 Section 2(1) amendment repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) applicant replaced 1 October 2009 section 4(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) aquaculture activities replaced 1 January 2005 section 4(2) Resource Management Amendment Act (No 2) 2004 Section 2(1) aquaculture activities amended 1 October 2011 section 4(1) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture activities amended 1 October 2011 section 4(2) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture activities inserted 1 October 2011 section 4(2) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquaculture management area repealed 1 October 2011 section 4(3) Resource Management Amendment Act (No 2) 2011 Section 2(1) aquatic life inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) bed replaced 7 July 1993 section 2(3) Resource Management Amendment Act 1993 Section 2(1) benefits and costs inserted 7 July 1993 section 2(3) Resource Management Amendment Act 1993 Section 2(1) biological diversity inserted 1 August 2003 section 3(1) Resource Management Amendment Act 2003 Section 2(1) board repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) board of inquiry repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) boundary activity boundary rule inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) certificate of compliance amended 1 October 2009 section 4(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) change replaced 1 October 2009 section 4(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) Chief Freshwater Commissioner inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) climate change inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) coastal marine area amended 7 July 1993 section 2(6) Resource Management Amendment Act 1993 Section 2(1) collaborative group repealed 1 July 2020 section 4(3) Resource Management Amendment Act 2020 Section 2(1) collaborative planning process repealed 1 July 2020 section 4(2) Resource Management Amendment Act 2020 Section 2(1) combined document inserted 19 April 2017 section 4(1) Resource Legislation Amendment Act 2017 Section 2(1) commercial fishing inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) company lease amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) consent authority replaced 7 July 1993 section 2(7) Resource Management Amendment Act 1993 Section 2(1) consent authority amended 1 October 2009 section 4(7) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) constable replaced 1 October 2008 section 130(1) Policing Act 2008 Section 2(1) contaminant amended 1 August 2003 section 3(3) Resource Management Amendment Act 2003 Section 2(1) contaminated land replaced 1 October 2009 section 4(8) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) controlled activity replaced 1 August 2003 section 3(4) Resource Management Amendment Act 2003 Section 2(1) controlled activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) costs and benefits repealed 7 July 1993 section 2(9) Resource Management Amendment Act 1993 Section 2(1) Crown organisation inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) customary marine title area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary marine title order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) customary rights order repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) declaration repealed 1 October 2009 section 4(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) determination inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) development capacity inserted 19 April 2017 section 4(1) Resource Legislation Amendment Act 2017 Section 2(1) Director of Maritime New Zealand Director replaced 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) discretionary activity replaced 1 August 2003 section 3(5) Resource Management Amendment Act 2003 Section 2(1) discretionary activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) district replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) district plan replaced 1 October 2009 section 4(9) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) district rule replaced 1 October 2009 section 4(10) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) dumping replaced 17 December 1997 section 2(9) Resource Management Amendment Act 1997 Section 2(1) employee inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) enforcement officer replaced 1 July 2020 section 4(4) Resource Management Amendment Act 2020 Section 2(1) Environment Court court inserted 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2(1) Environmental Protection Authority EPA replaced 1 July 2011 section 4 Resource Management Amendment Act 2011 Section 2(1) equivalent zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) esplanade reserve replaced 7 July 1993 section 2(11) Resource Management Amendment Act 1993 Section 2(1) esplanade strip inserted 7 July 1993 section 2(11) Resource Management Amendment Act 1993 Section 2(1) existing use certificate inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) exploration inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) fast-track application inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) fish inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) fisheries resources inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) fishing inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) foreshore and seabed reserve repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) freshwater fresh water replaced 1 July 2020 section 4(5) Resource Management Amendment Act 2020 Section 2(1) freshwater commissioner inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater hearings panel inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater planning instrument inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) freshwater planning process inserted 1 July 2020 section 4(1) Resource Management Amendment Act 2020 Section 2(1) Government road repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) greenhouse gas inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) harmful substance inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) harvestable spat inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) hazardous substance inserted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 2(1) historic heritage inserted 1 August 2003 section 3(7) Resource Management Amendment Act 2003 Section 2(1) holder repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) incineration inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) industrial or trade premises amended 17 December 1997 section 2(3) Resource Management Amendment Act 1997 Section 2(1) infrastructure inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) infrastructure amended 19 April 2017 Resource Legislation Amendment Act 2017 Section 2(1) infrastructure amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 2(1) infringed boundary inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) intensification planning instrument IPI inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) intensification streamlined planning process ISPP inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) internal waters amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) iwi participation legislation inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) joint management agreement inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) kaitiakitanga replaced 17 December 1997 section 2(4) Resource Management Amendment Act 1997 Section 2(1) lake amended 7 July 1993 section 2(12) Resource Management Amendment Act 1993 Section 2(1) land replaced 1 October 2009 section 4(11) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) large lot residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) lawyer inserted 1 March 2017 section 4 Resource Management Amendment Act 2016 Section 2(1) local board inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 2(1) management plan repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) Mana Whakahono a Rohe inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) marine farming repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) marine incineration facility inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) Maritime New Zealand replaced 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) master inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) medium density residential standards MDRS inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) mineral replaced 7 July 1993 section 2(13) Resource Management Amendment Act 1993 Section 2(1) mining inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) Minister of Aquaculture inserted 1 October 2011 section 4(4) Resource Management Amendment Act (No 2) 2011 Section 2(1) Minister of Fisheries inserted 1 October 2011 section 4(4) Resource Management Amendment Act (No 2) 2011 Section 2(1) mouth amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2(1) national environmental standard inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) national planning standard inserted 19 April 2017 section 4(3) Resource Legislation Amendment Act 2017 Section 2(1) National Policy Statement on Urban Development NPS-UD inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) new residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) non-complying activity replaced 1 August 2003 section 3(8) Resource Management Amendment Act 2003 Section 2(1) non-complying activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) notice of decision inserted 1 August 2003 section 3(8) Resource Management Amendment Act 2003 Section 2(1) occupier repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) occupy inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) offshore installation inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) oil transfer site inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) on-scene commander inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) operative replaced 1 October 2009 section 4(12) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) owner replaced 1 February 1995 section 2(1) Resource Management Amendment Act 1994 Section 2(1) permitted activity replaced 1 August 2003 section 3(9) Resource Management Amendment Act 2003 Section 2(1) permitted activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) plan replaced 1 October 2009 section 4(13) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) planning document repealed 4 September 2013 section 4 Resource Management Amendment Act 2013 Section 2(1) Planning Tribunal Tribunal repealed 17 December 1997 section 2(6) Resource Management Amendment Act 1997 Section 2(1) policy 3 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy 4 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy 5 inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) policy statement replaced 1 October 2009 section 4(14) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) production land amended 17 December 1997 section 2(7) Resource Management Amendment Act 1997 Section 2(1) prohibited activity replaced 1 August 2003 section 3(10) Resource Management Amendment Act 2003 Section 2(1) prohibited activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) proposed plan replaced 1 October 2009 section 4(15) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) proposed policy statement inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) prospecting inserted 26 November 1997 section 4(2) Crown Minerals Amendment Act (No 2) 1997 Section 2(1) protected customary right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights order inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) public authority inserted 10 August 2005 section 4(1) Resource Management Amendment Act 2005 Section 2(1) public boundary inserted 18 October 2017 section 124(1) Resource Legislation Amendment Act 2017 Section 2(1) public foreshore and seabed repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) public notice replaced 18 October 2017 section 124(2) Resource Legislation Amendment Act 2017 Section 2(1) qualifying matter inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) raft inserted 7 July 1993 section 2(15) Resource Management Amendment Act 1993 Section 2(1) recognised customary activity repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) region replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional coastal plan replaced 1 October 2009 section 4(17) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional council replaced 25 November 2004 section 3(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 2(1) regional plan replaced 1 October 2009 section 4(18) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional policy statement replaced 1 October 2009 section 4(19) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) regional road repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional rule replaced 1 October 2009 section 4(20) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) relevant residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) renewable energy inserted 2 March 2004 section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 Section 2(1) reservation inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) residential unit inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) residential zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) restricted coastal activity replaced 1 October 2009 section 4(21) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) restricted discretionary activity inserted 1 August 2003 section 3(13) Resource Management Amendment Act 2003 Section 2(1) restricted discretionary activity amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) river replaced 7 July 1993 section 2(16) Resource Management Amendment Act 1993 Section 2(1) RMA permission right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) road amended 7 July 1993 section 2(17) Resource Management Amendment Act 1993 Section 2(1) rule replaced 1 October 2009 section 4(22) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) seaweed inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) settlement zone inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) ship inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) soil conservation inserted 1 August 2003 section 3(14) Resource Management Amendment Act 2003 Section 2(1) space inserted 1 January 2005 section 4(3) Resource Management Amendment Act (No 2) 2004 Section 2(1) spat repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) spat catching repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) specified territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(2) State highway amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) structure amended 7 July 1993 section 2(18) Resource Management Amendment Act 1993 Section 2(1) submission replaced 1 October 2009 section 4(23) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) survey plan replaced 1 October 2009 section 4(24) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) survey plan amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) survey plan amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) taking repealed 1 January 2005 section 4(1) Resource Management Amendment Act (No 2) 2004 Section 2(1) territorial authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) tier 1 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) tier 2 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) tier 3 territorial authority inserted 21 December 2021 section 4 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 2(1) unit amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(1) unit plan replaced 20 June 2011 section 233(1) Unit Titles Act 2010 Section 2(1) unitary authority inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 2(1) use inserted 1 October 2009 section 4(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) variation replaced 1 October 2009 section 4(25) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2(1) waste or other matter inserted 1 February 1995 section 2(2) Resource Management Amendment Act 1994 Section 2(1) working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 2AA: Definitions relating to notification 1: The definitions in subsection (2) apply only in relation to— a: an application for a resource consent for an activity; or b: any of the following matters: i: a review of a resource consent: ii: an application to change or cancel a condition of a resource consent: iii: a notice of requirement for a designation or heritage order: iv: a notice of requirement to alter a designation or heritage order: v: an application or proposal to vary or cancel an instrument creating an esplanade strip: vi: a matter of creating an esplanade strip by agreement. 2: In this Act, unless the context otherwise requires,— affected customary marine title group section 95G affected person section 95E 149ZCF affected protected customary rights group section 95F limited notification section 95 169(1) 190(1) notification public notification a: giving notice of the application or matter in the manner required by section 2AB b: giving that notice within the time limit specified by section 95 169(1) 190(1) c: serving notice of the application or matter on every prescribed person. Section 2AA inserted 1 October 2009 section 5 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 2AA(2) replaced 18 October 2017 section 125 Resource Legislation Amendment Act 2017 2AB: Meaning of public notice 1: If this Act requires a person to give public notice a: publish on an Internet site to which the public has free access a notice that— i: includes all the information that is required to be publicly notified; and ii: is in the prescribed form (if any); and b: publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates. 2: The notice and the short summary of the notice must be worded in a way that is clear and concise. Section 2AB inserted 18 October 2017 section 126 Resource Legislation Amendment Act 2017 2AC: Availability of documents Interpretation 1: In this section, document a: information of any kind; and b: public notices of any kind; and c: reports and evidence of any kind; and d: policy statements and plans of any kind, together with any changes or variations of those documents. Application of this section 2: This section applies if this Act requires a document to be made available for inspection in physical form to the public, a class of members of the public, a person, or a class of persons at a specified place such as council offices or a library. 3: This section applies on and from 25 March 2020. How documents may be made available 4: The requirement referred to in subsection (2) is satisfied if the person responsible for making the document available— a: makes it available in electronic form free of charge on an Internet site; and b: provides advice on how the document may be obtained or accessed. 5: In addition, the person responsible for making a document available may— a: make it available for inspection; and b: upon request, make a physical copy of the document available for purchase at a reasonable cost. Repeal 6: Section 2AC inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 2AC heading amended 1 July 2020 section 5(1) Resource Management Amendment Act 2020 Section 2AC(6) heading repealed 1 July 2020 section 5(2) Resource Management Amendment Act 2020 Section 2AC(6) repealed 1 July 2020 section 5(3) Resource Management Amendment Act 2020 2A: Successors 1: In this Act, unless the context otherwise requires, any reference to a person 2: For the purposes of this Act, where the person is a body of persons which is unincorporate, the successor shall include a body of persons which is corporate and composed of substantially the same members. Section 2A inserted 2 September 1996 section 3 Resource Management Amendment Act 1996 3: Meaning of effect In this Act, unless the context otherwise requires, the term effect a: any positive or adverse effect; and b: any temporary or permanent effect; and c: any past, present, or future effect; and d: any cumulative effect which arises over time or in combination with other effects— regardless of the scale, intensity, duration, or frequency of the effect, and also includes— e: any potential effect of high probability; and f: any potential effect of low probability which has a high potential impact. Section 3 amended 7 July 1993 section 3 Resource Management Amendment Act 1993 3A: Person acting under resource consent with permission Subject to section 134 Section 3A inserted 7 July 1993 section 4 Resource Management Amendment Act 1993 3B: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 12 Section 3B inserted 19 April 2017 section 5 Resource Legislation Amendment Act 2017 4: Act to bind the Crown 1: This Act binds the Crown, except as provided in this section. 2: This Act does not apply to any work or activity of the Crown which— a: is a use of land within the meaning of section 9 b: the Minister of Defence certifies is necessary for reasons of national security. 3: Section 9(3) Conservation Act 1987 Schedule 1 a: is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 Schedule 1 b: does not have a significant adverse effect beyond the boundary of the area of land. 3A: Section 9 Gazette 4: 5: An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if— a: it is a Crown organisation; and b: the notice or direction is served or issued against the Crown organisation in its own name. 6: An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if— a: it is a Crown organisation; and b: a local authority or the EPA c: the order is made against the Crown organisation in its own name. 7: Subsections (5) and (6) apply despite section 17(1)(a) 8: An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if— a: it is liable to be proceeded against for the alleged offence under subsection (9); and b: the notice is served against the Crown organisation in its own name. 9: An instrument of the Crown may be prosecuted for an offence against this Act only if— a: it is a Crown organisation; and b: the offence is alleged to have been committed by the Crown organisation; and c: the proceedings are commenced— i: by a local authority , the EPA, ii: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and iii: in accordance with the Crown Organisations (Criminal Liability) Act 2002 10: However, subsections (8) and (9) are subject to section 8(4) 11: If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of— a: serving or issuing an abatement notice or excessive noise direction against it; and b: making an enforcement order against it; and c: serving an infringement notice on it; and d: enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it. 12: Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not— a: be served or issued with an abatement notice or excessive noise direction; or b: have an enforcement order made against it; or c: be served with an infringement notice; or d: be prosecuted for an offence against this Act. Section 4(1) replaced 1 October 2009 section 6(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(3) replaced 7 July 1993 section 5 Resource Management Amendment Act 1993 Section 4(3) amended 1 October 2009 section 6(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(3A) inserted 8 December 2009 section 5 Corrections (Use of Court Cells) Amendment Act 2009 Section 4(4) repealed 7 July 1993 section 5 Resource Management Amendment Act 1993 Section 4(5) replaced 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(6) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(6)(b) amended 1 July 2020 section 6(1) Resource Management Amendment Act 2020 Section 4(7) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(8) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(9) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(9)(c)(i) amended 1 July 2020 section 6(2) Resource Management Amendment Act 2020 Section 4(10) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(11) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(12) inserted 1 October 2009 section 6(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 4A: Application of this Act to ships and aircraft of foreign States Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following: a: warships of any State other than New Zealand: b: aircraft of the defence forces of any State other than New Zealand: c: any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes: d: the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c). Section 4A inserted 20 August 1998 section 3 Resource Management Amendment Act 1994 2: Purpose and principles 5: Purpose 1: The purpose of this Act is to promote the sustainable management of natural and physical resources. 2: In this Act, sustainable management a: sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and b: safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and c: avoiding, remedying, or mitigating any adverse effects of activities on the environment. 6: Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: a: the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: b: the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: c: the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: d: the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: e: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: f: the protection of historic heritage from inappropriate subdivision, use, and development: g: the protection of protected customary rights: h: the management of significant risks from natural hazards. Section 6(f) inserted 1 August 2003 section 4 Resource Management Amendment Act 2003 Section 6(g) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 6(h) inserted 19 April 2017 section 6 Resource Legislation Amendment Act 2017 7: Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to— a: kaitiakitanga: aa: the ethic of stewardship: b: the efficient use and development of natural and physical resources: ba: the efficiency of the end use of energy: c: the maintenance and enhancement of amenity values: d: intrinsic values of ecosystems: e: f: maintenance and enhancement of the quality of the environment: g: any finite characteristics of natural and physical resources: h: the protection of the habitat of trout and salmon: i: the effects of climate change: j: the benefits to be derived from the use and development of renewable energy. Section 7(aa) inserted 17 December 1997 section 3 Resource Management Amendment Act 1997 Section 7(ba) inserted 2 March 2004 section 5(1) Resource Management (Energy and Climate Change) Amendment Act 2004 Section 7(e) repealed 1 August 2003 section 5 Resource Management Amendment Act 2003 Section 7(i) inserted 2 March 2004 section 5(2) Resource Management (Energy and Climate Change) Amendment Act 2004 Section 7(j) inserted 2 March 2004 section 5(2) Resource Management (Energy and Climate Change) Amendment Act 2004 8: Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi 3: Duties and restrictions under this Act Land 9: Restrictions on use of land 1: No person may use land in a manner that contravenes a national environmental standard unless the use— a: is expressly allowed by a resource consent; or b: is allowed by section 10 c: is an activity allowed by section 10A d: is an activity allowed by section 20A 2: No person may use land in a manner that contravenes a regional rule unless the use— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 3: No person may use land in a manner that contravenes a district rule unless the use— a: is expressly allowed by a resource consent; or b: is allowed by section 10 c: is an activity allowed by section 10A 4: No person may contravene section 176 178 193 194 5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority. 6: This section does not apply to use of the coastal marine area. Section 9 replaced 1 October 2009 section 7 Resource Management (Simplifying and Streamlining) Amendment Act 2009 10: Certain existing uses in relation to land protected 1: Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if— a: either— i: the use was lawfully established before the rule became operative or the proposed plan was notified; and ii: the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified: b: or— i: the use was lawfully established by way of a designation; and ii: the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed. 2: Subject to sections 357 to a: an application has been made to the territorial authority within 2 years of the activity first being discontinued; and b: the territorial authority has granted an extension upon being satisfied that— i: the effect of the extension will not be contrary to the objectives and policies of the district plan ii: the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority's opinion it is unreasonable in all the circumstances to require the obtaining of every such approval. 3: This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan 4: For the avoidance of doubt, this section does not apply to any use of land that is— a: controlled under section 30(1)(c) b: restricted under section 12 c: restricted under section 13 5: Nothing in this section limits section 20A 6: Section 10(1) replaced 7 July 1993 section 7(1) Resource Management Amendment Act 1993 Section 10(2) amended 10 August 2005 section 5 Resource Management Amendment Act 2005 Section 10(2)(b)(i) amended 7 July 1993 section 7(2) Resource Management Amendment Act 1993 Section 10(3) amended 7 July 1993 section 7(3) Resource Management Amendment Act 1993 Section 10(5) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 10(6) repealed 1 October 2009 section 8 Resource Management (Simplifying and Streamlining) Amendment Act 2009 10A: Certain existing activities allowed 1: In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a proposed district plan taking legal effect in accordance with section 86B 149N(8) the rule in the rule in takes legal effect in accordance with section 86B or 149N(8) a: the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B 149N(8) b: the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B 149N(8) c: the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative. 2: Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)(c), may continue to be carried on until the application has been decided and any appeals have been determined. Section 10A inserted 7 July 1993 section 8 Resource Management Amendment Act 1993 Section 10A(1) amended 1 October 2009 section 9(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1) amended 1 October 2009 section 9(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1)(a) amended 1 October 2009 section 9(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10A(1)(b) amended 1 October 2009 section 9(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 10B: Certain existing building works allowed 1: Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use as defined in section 7 2: Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if— a: a building consent was issued and any amendments were incorporated in the building consent Building Act 2004 took legal effect in accordance with section 86B 149N(8) b: the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent. 3: Subsection (2) shall not apply if— a: the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B 149N(8) b: the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 c: a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 took legal effect in accordance with section 86B 149N(8) 4: Section 10(4) and (5) Section 10B inserted 2 September 1996 section 4 Resource Management Amendment Act 1996 Section 10B(1) amended 31 March 2005 section 414 Building Act 2004 Section 10B(2)(a) amended 1 October 2009 section 10(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(2)(a) amended 31 March 2005 section 414 Building Act 2004 Section 10B(3)(a) amended 1 October 2009 section 10(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(3)(b) amended 31 March 2005 section 414 Building Act 2004 Section 10B(3)(c) amended 1 October 2009 section 10(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10B(3)(c) amended 31 March 2005 section 414 Building Act 2004 Section 10B(4) replaced 1 October 2009 section 10(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 11: Restrictions on subdivision of land 1: No person may subdivide land, within the meaning of section 218 a: first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent; and second, is shown on one of the following: i: a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1) Part 10 ii: a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1) section 228 iii: a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1) Part 10 b: effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 Public Works Act 1981 c: effected by the establishment, change, or cancellation of a reserve under section 338 ca: effected by a transfer under section 23 State-Owned Enterprises Act 1986 section 27D cb: effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 Conservation Act 1987 Schedule 1 cc: effected by transfer or gift of any land to Heritage New Zealand Pouhere Taonga Heritage New Zealand Pouhere Taonga Act 2014 Queen Elizabeth the Second National Trust Act 1977 d: effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 1A: 2: Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 Section 11(1)(a) replaced 1 July 2020 section 7(1) Resource Management Amendment Act 2020 Section 11(1)(c) amended 7 July 1993 section 9(2) Resource Management Amendment Act 1993 Section 11(1)(c) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 11(1)(ca) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)(cb) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)(cc) inserted 7 July 1993 section 9(3) Resource Management Amendment Act 1993 Section 11(1)(cc) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11(1)(d) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 11(1A) repealed 1 July 2020 section 7(2) Resource Management Amendment Act 2020 Section 11(2) amended 7 July 1993 section 9(4) Resource Management Amendment Act 1993 Coastal marine area 12: Restrictions on use of coastal marine area 1: No person may , in the coastal marine area, a: reclaim or drain any foreshore or seabed; or b: erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or c: disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or d: deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or e: destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or f: introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed ; or g: destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage— unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), 2: No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,— a: occupy any part of the common marine and coastal area; or b: remove any sand, shingle, shell, or other natural material from that area. 3: Without limiting subsection (1), no person may carry out any activity— a: in, on, under, or over any coastal marine area; or b: in relation to any natural and physical resources contained within any coastal marine area,— in a manner that contravenes a national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) section 20A 4: In this Act a: b: remove any sand, shingle, shell, national environmental standard or the 5: This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council. 6: This section shall not apply to anything to which section 15A or 15B 7: This section does not prohibit a regional council from removing structures from the common marine and coastal area, in accordance with the requirements of section 19(3) to (3C) Section 12(1) amended 1 October 2009 section 12(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(1) amended 7 July 1993 section 10(1)(a) Resource Management Amendment Act 1993 Section 12(1) amended 7 July 1993 section 10(1)(b) Resource Management Amendment Act 1993 Section 12(1)(f) amended 1 August 2003 section 6 Resource Management Amendment Act 2003 Section 12(1)(g) inserted 1 August 2003 section 6 Resource Management Amendment Act 2003 Section 12(2) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 12(3) amended 1 October 2009 section 12(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(3) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 12(4) amended 17 December 1997 section 4(2) Resource Management Amendment Act 1997 Section 12(4) amended 7 July 1993 section 10(3) Resource Management Amendment Act 1993 Section 12(4)(a) repealed 1 January 2005 section 5 Resource Management Amendment Act (No 2) 2004 Section 12(4)(b) amended 1 October 2009 section 12(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(4)(b) amended 7 July 1993 section 10(5) Resource Management Amendment Act 1993 Section 12(5) replaced 1 October 2009 section 12(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 12(6) inserted 20 August 1998 section 4 Resource Management Amendment Act 1994 Section 12(6) amended 20 August 1998 section 4(4) Resource Management Amendment Act 1997 Section 12(7) inserted 19 April 2017 section 7 Resource Legislation Amendment Act 2017 12A: Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas Section 12A repealed 1 October 2011 section 5 Resource Management Amendment Act (No 2) 2011 12B: Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist Section 12B repealed 1 October 2011 section 6 Resource Management Amendment Act (No 2) 2011 River and lake beds 13: Restriction on certain uses of beds of lakes and rivers 1: No person may, in relation to the bed of any lake or river,— a: use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or b: excavate, drill, tunnel, or otherwise disturb the bed; or c: introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or d: deposit any substance in, on, or under the bed; or e: reclaim or drain the bed— unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), 2: No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 2A: The activities are— a: to enter onto or pass across the bed of a lake or river: b: to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river: c: to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river: d: to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river. 3: This section does not apply to any use of land in the coastal marine area. 4: Nothing in this section limits section 9 Section 13 heading amended 7 July 1993 section 11 Resource Management Amendment Act 1993 Section 13(1) replaced 7 July 1993 section 11 Resource Management Amendment Act 1993 Section 13(1) amended 1 October 2009 section 13(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 13(2) replaced 1 October 2009 section 13(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 13(2A) inserted 1 October 2009 section 13(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Water 14: Restrictions relating to water 1: No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity— a: is expressly allowed by a resource consent; or b: is an activity allowed by section 20A 2: No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3): a: water other than open coastal water; or b: heat or energy from water other than open coastal water; or c: heat or energy from the material surrounding geothermal water. 3: A person is not prohibited by subsection (2) a: the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), b: in the case of fresh water, the water, heat, or energy is required to be taken or used for— i: an individual's reasonable domestic needs; or ii: the reasonable needs of a person’s and the taking or use does not, or is not likely to, have an adverse effect on the environment; or c: in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or d: in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual's reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or e: the water is required to be taken or used for emergency or training purposes in accordance with section 48 Section 14(1) replaced 1 October 2009 section 14(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(2) replaced 1 October 2009 section 14(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3) amended 1 October 2009 section 14(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3)(a) amended 1 October 2009 section 14(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 14(3)(b)(ii) amended 19 April 2017 section 8 Resource Legislation Amendment Act 2017 Section 14(3)(e) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Discharges 15: Discharge of contaminants into environment 1: No person may discharge any— a: contaminant or water into water; or b: contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or c: contaminant from any industrial or trade premises into air; or d: contaminant from any industrial or trade premises onto or into land— unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent 2: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge— a: is expressly allowed by other regulations; or b: is expressly allowed by a resource consent; or c: is an activity allowed by section 20A 2A: No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge— a: is expressly allowed by a national environmental standard or other regulations; or b: is expressly allowed by a resource consent; or c: is an activity allowed by section 20A 3: This section shall not apply to anything to which section 15A section 15B Section 15(1) amended 1 October 2009 section 15(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(2) replaced 1 October 2009 section 15(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(2A) inserted 1 October 2009 section 15(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 15(3) inserted 20 August 1998 section 5 Resource Management Amendment Act 1994 15A: Restrictions on dumping and incineration of waste or other matter in coastal marine area 1: No person may, in the coastal marine area,— a: dump any waste or other matter from any ship, aircraft, or offshore installation; or b: incinerate any waste or other matter in any marine incineration facility— unless the dumping or incineration is expressly allowed by a resource consent. 2: No person may dump, in the coastal marine area, any ship, aircraft, or offshore installation unless expressly allowed to do so by a resource consent. 3: Nothing in this section permits the dumping of radioactive waste or radioactive matter (to which section 15C section 15B Section 15A inserted 20 August 1998 section 6 Resource Management Amendment Act 1994 15B: Discharge of harmful substances from ships or offshore installations 1: No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless— a: the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or b: after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters: i: the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials: ii: any conspicuous change of colour or visual clarity: iii: any emission of objectionable odour: iv: any significant adverse effects on aquatic life; or c: the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment. 2: No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless— a: the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or b: after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life. 3: Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges. 4: No person may discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or subsection (2)(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)(b) or (c) or subsection (2)(b). 5: A discharge authorised by subsection (1) or subsection (2), regulations made under this Act section 7 Section 15B replaced 20 August 1998 section 6 Resource Management Amendment Act 1997 15C: Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area 1: Notwithstanding anything to the contrary in this Act, no person may, in the coastal marine area,— a: dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or b: store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water. 2: In this section,— radioactive waste or other radioactive matter section 257 toxic or hazardous waste Section 15C inserted 20 August 1998 section 6 Resource Management Amendment Act 1994 Noise 16: Duty to avoid unreasonable noise 1: Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or 2: A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9 12 13 14 15 15A 15B Section 16(1) amended 7 July 1993 section 14 Resource Management Amendment Act 1993 Section 16(2) replaced 1 October 2009 section 16 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Adverse effects 17: Duty to avoid, remedy, or mitigate adverse effects 1: Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with— a: any of sections 10 10A 10B 20A b: a national environmental standard, a rule, a resource consent, or a designation. 2: The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty. 3: Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12 a: require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court b: require a person to do something that, in the opinion of the Environment Court 4: Subsection (3) is subject to section 319(2) Environment Court Section 17(1) replaced 1 October 2009 section 17 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 17(3)(a) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 17(3)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 17(4) inserted 7 July 1993 section 15(2) Resource Management Amendment Act 1993 Section 17(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Recognised customary activities Heading repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 17A: Recognised customary activity may be exercised in accordance with any controls Section 17A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 17B: Adverse effects assessment Section 17B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Emergencies 18: Possible defence in cases of unforeseen emergencies 1: Any person who is prosecuted under section 338 sections 9 11 12 13 14 15 15A 15B section 341 section 341A section 341B 2: No person may be prosecuted for acting in accordance with section 330 Section 18(1) replaced 20 August 1998 section 8 Resource Management Amendment Act 1994 Procedure Heading inserted 19 April 2017 section 9 Resource Legislation Amendment Act 2017 18A: Procedural principles Every person exercising powers and performing functions under this Act must take all practicable steps to— a: use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions or powers being performed or exercised; and b: ensure that policy statements and plans— i: include only those matters relevant to the purpose of this Act; and ii: are worded in a way that is clear and concise; and c: promote collaboration between or among local authorities on their common resource management issues. Section 18A inserted 19 April 2017 section 9 Resource Legislation Amendment Act 2017 Effect of certain changes to plans Heading repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009 19: Certain rules in proposed plans to be operative Section 19 repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009 20: Certain rules in proposed plans not to have effect Section 20 repealed 1 October 2009 section 18 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Certain existing lawful activities allowed Heading inserted 1 October 2009 section 19 Resource Management (Simplifying and Streamlining) Amendment Act 2009 20A: Certain existing lawful activities allowed 1: If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B 149N(8) a: before the rule took legal effect in accordance with section 86B 149N(8) i: was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and ii: was lawfully established; and b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B 149N(8) c: the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B 149N(8) 2: If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,— a: before the rule became operative, the activity— i: was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and ii: was lawfully established; and b: the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and c: the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined. Section 20A replaced 1 August 2003 section 8 Resource Management Amendment Act 2003 Section 20A(1) amended 1 October 2009 section 20(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)(a) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)(b) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 20A(1)(c) amended 1 October 2009 section 20(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Miscellaneous provisions 21: Avoiding unreasonable delay Every person who exercises or carries out functions, powers, or duties, or is required to do anything, under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances. 22: Duty to give certain information 1: This section applies when an enforcement officer has reasonable grounds to believe that a person ( person A 2: The enforcement officer may direct person A to give the officer the following information: a: if person A is a natural person, his or her full name, address, and date of birth: b: if person A is not a natural person, person A's full name and address. 3: The enforcement officer may also direct person A to give the officer the following information about a person ( person B a: if person B is a natural person, his or her full name, address, and date of birth: b: if person B is not a natural person, person B's full name and address. Section 22 replaced 1 October 2009 section 21 Resource Management (Simplifying and Streamlining) Amendment Act 2009 23: Other legal requirements not affected 1: Compliance with this Act does not remove the need to comply with all other applicable legislation and other rules of law 2: The duties and restrictions described in this Part shall only be enforceable against any person through the provisions of this Act; and no person shall be liable to any other person for a breach of any such duty or restriction except in accordance with the provisions of this Act. 3: Nothing in subsection (2) limits or affects any right of action which any person may have independently of the provisions of this Act. Section 23(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 4: Functions, powers, and duties of central and local government Functions, powers, and duties of Ministers 24: Functions of Minister for the Environment The Minister for the Environment shall have the following functions under this Act: a: the recommendation of the issue of national policy statements under section 52 b: the recommendation of the making of national environmental standards ba: the approval of a national planning standard under section 58E c: to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA d: the recommendation of the approval of an applicant as a requiring authority under section 167 section 188 e: the recommendation of the issue of water conservation orders under section 214 f: the monitoring of the effect and implementation of this Act (including any regulations in force under it), national policy statements, national planning standards, g: the monitoring of the relationship between the functions, powers, and duties of central government and local government under this Part ga: the monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance: h: the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act: i: any other functions specified in this Act. Section 24(b) amended 10 August 2005 section 6(1) Resource Management Amendment Act 2005 Section 24(ba) inserted 19 April 2017 section 10(1) Resource Legislation Amendment Act 2017 Section 24(c) replaced 1 October 2009 section 22 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24(f) amended 19 April 2017 section 10(2) Resource Legislation Amendment Act 2017 Section 24(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24(ga) inserted 7 July 1993 section 17 Resource Management Amendment Act 1993 24A: Power of Minister for the Environment to investigate and make recommendations The Minister for the Environment may— a: investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act b: make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and c: investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act d: make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and e: take action under section 25 section 25A Section 24A inserted 10 August 2005 section 7 Resource Management Amendment Act 2005 Section 24A(a) amended 1 October 2009 section 23 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 24A(c) amended 1 October 2009 section 23 Resource Management (Simplifying and Streamlining) Amendment Act 2009 25: Residual powers of Minister for the Environment 1: Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority. 2: The Minister shall not make an appointment under subsection (1) until— a: the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and b: the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of. 3: Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly. 4: All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown. 25A: Minister may direct preparation of plan, change, or variation 1: The Minister for the Environment— a: may direct a regional council— i: to prepare a regional plan that addresses a resource management issue relating to a function in section 30 ii: to prepare a change to its regional plan that addresses the issue; or iii: to prepare a variation to its proposed regional plan that addresses the issue; and b: may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and c: must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified. 2: The Minister— a: may direct a territorial authority— i: to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31 ii: to prepare a variation to its proposed district plan that addresses the issue; and b: must, in giving a direction, specify a reasonable period within which the change or variation must be notified. Section 25A inserted 10 August 2005 section 8 Resource Management Amendment Act 2005 25B: Ministers may direct commencement of review 1: The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence. 2: The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence. 3: The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence. 4: For the purposes of subsections (1) to (3), section 79(5) to (9) Section 25B inserted 1 October 2009 section 24 Resource Management (Simplifying and Streamlining) Amendment Act 2009 26: Minister may make grants and loans 1: The Minister for the Environment may make grants and loans on such conditions as he or she thinks fit to any person to assist in achieving the purpose of this Act. 2: All money spent or advanced by the Minister under this section shall be paid out of money appropriated by Parliament for the purpose. 3: All money received by the Minister under this Act shall be paid into a Section 26(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989 27: Minister may require local authorities to supply information 1: The Minister for the Environment may require the bodies described in subsection (2) to supply the information described in subsection (3). 2: The bodies are— a: a local authority; and b: a network utility operator approved as a requiring authority; and c: a body corporate approved as a heritage protection authority. 3: The information is information to which all the following apply: a: it is about the body's exercise of any of its functions, powers, or duties under this Act; and b: it is held by the body; and c: it may reasonably be required by the Minister. 4: The Minister must require the information in a notice that— a: is in writing; and b: is dated. 5: The body— a: must supply the Minister with the information within— i: 20 working days of the date of the notice; or ii: a longer time set by the Minister; and b: must not charge the Minister for the supply. Section 27 replaced 10 August 2005 section 9 Resource Management Amendment Act 2005 28: Functions of Minister of Conservation The Minister of Conservation shall have the following functions under this Act: a: the preparation and recommendation of New Zealand coastal policy statements under section 57 b: the approval of regional coastal plans in accordance with Schedule 1 c: d: the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities e: f: any other functions specified in this Act. Section 28(c) repealed 1 October 2009 section 25(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28(d) replaced 7 July 1993 section 19(1) Resource Management Amendment Act 1993 Section 28(d) amended 1 October 2009 section 25(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28(e) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 28(f) inserted 1 October 2011 section 7 Resource Management Amendment Act (No 2) 2011 28A: Regional council must supply information to Minister of Conservation 1: The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of— a: a coastal permit relating to its region; or b: its regional coastal plan; or c: the exercise of a protected customary right 2: The Minister of Conservation must request the required information by giving a written and dated notice to the regional council. 3: The council must supply the information to the Minister of Conservation within— a: 20 working days of the date of the notice; or b: a longer time set by the Minister of Conservation. 4: The council must not charge for supplying the information. Section 28A replaced 1 October 2009 section 26 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 28A(1)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 28B: Functions of Minister of Aquaculture The Minister of Aquaculture has the following functions under this Act: a: suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD b: making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA c: recommending the making of regulations under sections 360A to 360C Section 28B inserted 1 October 2011 section 8 Resource Management Amendment Act (No 2) 2011 29: Delegation of functions by Ministers 1: Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with clause 5 a: certifying any work or activity under section 4 b: appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25 c: recommending the making of a national environmental standard under section 44 d: recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52 53 57 da: approving, changing, replacing, or revoking a national planning standard under section 58E 58H e: the following functions, powers, and duties under Part 6AA i: deciding whether to make a direction under section 142(2) 147(1) ii: appointing a board of inquiry under section 149J section 142(2) 147(1)(a) iii: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) 147(1)(a) iv: deciding whether to intervene in a matter under section 149ZA v: deciding under section 149ZC section 149ZB f: recommending the making of an Order in Council under section 150C g: recommending the making of an Order in Council under section 165O ga: h: approving an applicant as a requiring authority under section 167 i: approving an applicant as a heritage protection authority under section 188 j: recommending the issue or amendment of a water conservation order under section 214 216 k: recommending the appointment of an Environment Judge or alternate Environment Judge under section 250 l: recommending the appointment of the Chief Environment Court Judge section 251 m: recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254 n: recommending the making of regulations under section 360 o: approving a regional coastal plan under clause 19 p: q: this power of delegation. 2: A chief executive may, in accordance with clauses 2 3 clause 5 3: Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 6 4: The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f) Part 6AA sections 357B to 357D a: deciding whether to make a direction under section 142(2) 147(1) b: appointing a board of inquiry under section 149J section 142(2) 147(1)(a) c: extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) 147(1)(a) d: deciding whether to intervene in a matter under section 149ZA e: deciding under section 149ZC section 149ZB 4A: The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties— a: under section 149ZD(4) b: under sections 357B(b) 357C 357D 4B: The Environmental Protection Authority may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the Authority— a: under section 149ZD(4) b: under sections 357B(b) 357C 357D 5: A delegation under subsection (4) or (4A) a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and b: does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned. 6: A delegation under subsection (4B)— a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and b: does not prevent the Environmental Protection Authority from performing the functions or duties, or exercising the powers, concerned. Section 29(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(1)(a) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(b) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(c) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(d) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(da) inserted 19 April 2017 section 11(1) Resource Legislation Amendment Act 2017 Section 29(1)(e) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(f) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(g) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(ga) repealed 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(h) replaced 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(i) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(j) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(k) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(l) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(l) amended 1 July 2020 section 8 Resource Management Amendment Act 2020 Section 29(1)(m) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(n) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(o) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(1)(p) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 29(1)(q) inserted 1 October 2009 section 27(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 29(4) inserted 1 October 2009 section 27(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(4) amended 1 July 2011 section 5 Resource Management Amendment Act 2011 Section 29(4A) inserted 4 September 2013 section 5(1) Resource Management Amendment Act 2013 Section 29(4B) inserted 19 April 2017 section 11(2) Resource Legislation Amendment Act 2017 Section 29(5) inserted 1 October 2009 section 27(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 29(5) amended 4 September 2013 section 5(2) Resource Management Amendment Act 2013 Section 29(6) inserted 19 April 2017 section 11(3) Resource Legislation Amendment Act 2017 29A: Restriction on Ministerial direction The Minister may not give a direction under section 103 section 42C(c) Section 29A inserted 1 July 2011 section 6 Resource Management Amendment Act 2011 Functions, powers, and duties of local authorities 30: Functions of regional councils under this Act 1: Every regional council shall have the following functions for the purpose of giving effect to this Act in its region: a: the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region: b: the preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance: ba: the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in relation to housing and business land to meet the expected demands of the region: c: the control of the use of land for the purpose of— i: soil conservation: ii: the maintenance and enhancement of the quality of water in water bodies and coastal water: iii: the maintenance of the quantity of water in water bodies and coastal water: iiia: the maintenance and enhancement of ecosystems in water bodies and coastal water: iv: the avoidance or mitigation of natural hazards: v: ca: the investigation of land for the purposes of identifying and monitoring contaminated land: d: in respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of— i: land and associated natural and physical resources: ii: the occupation of space in, and the extraction of sand, shingle, shell, or other natural material from, the coastal marine area, to the extent that it is within the common marine and coastal area: iii: the taking, use, damming, and diversion of water: iv: discharges of contaminants into or onto land, air, or water and discharges of water into water: iva: the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations: v: any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards vi: the emission of noise and the mitigation of the effects of noise: vii: activities in relation to the surface of water: e: the control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including— i: the setting of any maximum or minimum levels or flows of water: ii: the control of the range, or rate of change, of levels or flows of water: iii: the control of the taking or use of geothermal energy: f: the control of discharges of contaminants into or onto land, air, or water and discharges of water into water: fa: if appropriate, the establishment of rules in a regional plan to allocate any of the following: i: the taking or use of water (other than open coastal water): ii: the taking or use of heat or energy from water (other than open coastal water): iii: the taking or use of heat or energy from the material surrounding geothermal water: iv: the capacity of air or water to assimilate a discharge of a contaminant: fb: if appropriate, and in conjunction with the Minister of Conservation,— i: the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water: ii: the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A g: in relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of— i: soil conservation: ii: the maintenance and enhancement of the quality of water in that water body: iii: the maintenance of the quantity of water in that water body: iv: the avoidance or mitigation of natural hazards: ga: the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity: gb: the strategic integration of infrastructure with land use through objectives, policies, and methods: h: any other functions specified in this Act. 2: A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996 3: However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources. 4: A rule to allocate a natural resource established by a regional council in a plan under subsection (1)(fa) or (fb) may allocate the resource in any way, subject to the following: a: the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and b: nothing in paragraph (a) affects section 68(7) c: the rule may allocate the resource in anticipation of the expiry of existing consents; and d: in allocating the resource in anticipation of the expiry of existing consents, the rule may— i: allocate all of the resource used for an activity to the same type of activity; or ii: allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and e: the rule may allocate the resource among competing types of activities; and f: the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)(b) to (e) 5: In this section and section 31 business land a: business and business parks: b: centres, to the extent that this zone allows business uses: c: commercial: d: industrial: e: mixed use, to the extent that this zone allows business uses: f: retail development capacity a: the zoning, objectives, policies, rules, and overlays that apply to the land under the relevant proposed and operative regional policy statements, regional plans, and district plans; and b: the capacity required to meet— i: the expected short and medium term requirements; and ii: the long term requirements; and c: the provision of adequate development infrastructure to support the development of the land development infrastructure a: water supply, wastewater, and storm water; and b: to the extent that it is controlled by local authorities, land transport as defined in section 5(1) Section 30 heading amended 20 August 1998 section 9 Resource Management Amendment Act 1994 Section 30(1)(ba) inserted 19 April 2017 section 12(1) Resource Legislation Amendment Act 2017 Section 30(1)(c)(iiia) inserted 1 August 2003 section 9(1) Resource Management Amendment Act 2003 Section 30(1)(c)(v) repealed 19 April 2017 section 12(2) Resource Legislation Amendment Act 2017 Section 30(1)(ca) inserted 10 August 2005 section 11(1) Resource Management Amendment Act 2005 Section 30(1)(d)(ii) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 30(1)(d)(iva) inserted 20 August 1998 section 9 Resource Management Amendment Act 1994 Section 30(1)(d)(v) amended 19 April 2017 section 12(3) Resource Legislation Amendment Act 2017 Section 30(1)(fa) inserted 10 August 2005 section 11(2) Resource Management Amendment Act 2005 Section 30(1)(fb) inserted 10 August 2005 section 11(2) Resource Management Amendment Act 2005 Section 30(1)(ga) inserted 1 August 2003 section 9(2) Resource Management Amendment Act 2003 Section 30(1)(gb) inserted 10 August 2005 section 11(3) Resource Management Amendment Act 2005 Section 30(2) replaced 1 October 2011 section 9 Resource Management Amendment Act (No 2) 2011 Section 30(3) replaced 1 October 2011 section 9 Resource Management Amendment Act (No 2) 2011 Section 30(4) inserted 10 August 2005 section 11(4) Resource Management Amendment Act 2005 Section 30(5) inserted 19 April 2017 section 12(4) Resource Legislation Amendment Act 2017 31: Functions of territorial authorities under this Act 1: Every territorial authority shall have the following functions for the purpose of giving effect to this Act in its district: a: the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district: aa: the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in respect of housing and business land to meet the expected demands of the district: b: the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of— i: the avoidance or mitigation of natural hazards; and ii: iia: the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land: iii: the maintenance of indigenous biological diversity: c: d: the control of the emission of noise and the mitigation of the effects of noise: e: the control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes: f: any other functions specified in this Act. 2: The methods used to carry out any functions under subsection (1) may include the control of subdivision. Section 31 heading amended 7 July 1993 section 22 Resource Management Amendment Act 1993 Section 31(1)(aa) inserted 19 April 2017 section 13(1) Resource Legislation Amendment Act 2017 Section 31(1)(b) replaced 1 August 2003 section 10(1) Resource Management Amendment Act 2003 Section 31(1)(b)(ii) repealed 19 April 2017 section 13(2) Resource Legislation Amendment Act 2017 Section 31(1)(b)(iia) inserted 10 August 2005 section 12 Resource Management Amendment Act 2005 Section 31(1)(c) repealed 1 August 2003 section 10(1) Resource Management Amendment Act 2003 Section 31(2) inserted 1 August 2003 section 10(2) Resource Management Amendment Act 2003 31A: Minister of Conservation to have certain powers of local authority 1: The Minister of Conservation— a: has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the responsibilities, duties, and powers that a regional council would have under section 30(1)(d) b: may exercise, in respect of the islands specified in paragraph (a),— i: the responsibilities, duties, and powers that a regional council would have under this Act if those islands were within the region ii: the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority. 2: The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)(b) are in addition to the powers conferred on that Minister by subsection (1)(a). 3: The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act. Section 31A inserted 1 July 2003 section 262 Local Government Act 2002 Section 31A(1)(b)(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 32: Requirements for preparing and publishing evaluation reports 1: An evaluation report required under this Act must— a: examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and b: examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by— i: identifying other reasonably practicable options for achieving the objectives; and ii: assessing the efficiency and effectiveness of the provisions in achieving the objectives; and iii: summarising the reasons for deciding on the provisions; and c: contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal. 2: An assessment under subsection (1)(b)(ii) must— a: identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for— i: economic growth that are anticipated to be provided or reduced; and ii: employment that are anticipated to be provided or reduced; and b: if practicable, quantify the benefits and costs referred to in paragraph (a); and c: assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions. 3: If the proposal (an amending proposal national planning standard, existing proposal a: the provisions and objectives of the amending proposal; and b: the objectives of the existing proposal to the extent that those objectives— i: are relevant to the objectives of the amending proposal; and ii: would remain if the amending proposal were to take effect. 4: If the proposal will impose a greater or lesser 4A: If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1 a: summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1 b: summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice. 5: The person who must have particular regard to the evaluation report must make the report available for public inspection— a: as soon as practicable after the proposal is made (in the case of a standard, regulation, national policy statement, or New Zealand coastal policy statement b: at the same time as the proposal is 6: In this section,— objectives a: for a proposal that contains or states objectives, those objectives: b: for all other proposals, the purpose of the proposal proposal national planning standard, provisions a: for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change: b: for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal. Section 32 replaced 3 December 2013 section 70 Resource Management Amendment Act 2013 Section 32(3) amended 19 April 2017 section 14(1) Resource Legislation Amendment Act 2017 Section 32(4) amended 19 April 2017 section 14(2) Resource Legislation Amendment Act 2017 Section 32(4A) inserted 19 April 2017 section 14(3) Resource Legislation Amendment Act 2017 Section 32(5)(a) amended 24 October 2019 section 125 Statutes Amendment Act 2019 Section 32(5)(b) amended 19 April 2017 section 14(4) Resource Legislation Amendment Act 2017 Section 32(6) proposal amended 19 April 2017 section 14(5) Resource Legislation Amendment Act 2017 32AA: Requirements for undertaking and publishing further evaluations 1: A further evaluation required under this Act— a: is required only for any changes that have been made to, or are proposed for, the proposal since the evaluation report for the proposal was completed (the changes b: must be undertaken in accordance with section 32(1) to (4) c: must, despite paragraph (b) and section 32(1)(c) d: must— i: be published in an evaluation report that is made available for public inspection at the same time as the approved proposal (in the case of a national policy statement or a New Zealand coastal policy statement or a national planning standard ii: be referred to in the decision-making record in sufficient detail to demonstrate that the further evaluation was undertaken in accordance with this section. 2: To avoid doubt, an evaluation report does not have to be prepared if a further evaluation is undertaken in accordance with subsection (1)(d)(ii). 3: In this section, proposal national planning standard, Section 32AA inserted 3 December 2013 section 70 Resource Management Amendment Act 2013 Section 32AA(1)(d)(i) amended 19 April 2017 section 15(1)(a) Resource Legislation Amendment Act 2017 Section 32AA(1)(d)(i) amended 19 April 2017 section 15(1)(b) Resource Legislation Amendment Act 2017 Section 32AA(3) amended 19 April 2017 section 15(2) Resource Legislation Amendment Act 2017 32A: Failure to carry out evaluation 1: A challenge to an objective, policy, rule, or other method on the ground that an evaluation report required under this Act has not been prepared or regarded, a further evaluation required under this Act has not been undertaken or regarded, or section 32 32AA section 49 149E 149F 149O Schedule 1 2: Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32 3: In this section, proposal national planning standard, a: an evaluation report must be prepared under this Act; or b: a further evaluation must be undertaken under this Act. Section 32A inserted 1 August 2003 section 11 Resource Management Amendment Act 2003 Section 32A(1) amended 3 December 2013 section 71(1) Resource Management Amendment Act 2013 Section 32A(1) amended 4 September 2013 section 6 Resource Management Amendment Act 2013 Section 32A(2) replaced 3 December 2013 section 71(2) Resource Management Amendment Act 2013 Section 32A(3) inserted 3 December 2013 section 71(2) Resource Management Amendment Act 2013 Section 32A(3) amended 19 April 2017 section 16 Resource Legislation Amendment Act 2017 33: Transfer of powers 1: A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section. 2: For the purposes of this section, public authority a: a local authority; and b: an iwi authority; and c: d: a government department; and e: a statutory authority; and f: a joint committee set up for the purposes of section 80; and g: a local board 3: 4: A local authority shall not transfer any of its functions, powers, or duties under this section unless— a: it has used the special consultative procedure set out in section 83 b: before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and c: both authorities agree that the transfer is desirable on all of the following grounds: i: the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty: ii: efficiency: iii: technical or special capability or expertise. 5: 6: A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed. 7: A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty. 8: A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee. 9: A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement. Section 33(1) replaced 1 August 2003 section 12(1) Resource Management Amendment Act 2003 Section 33(2) replaced 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 33(2)(c) repealed 1 October 2011 section 11 Resource Management Amendment Act (No 2) 2011 Section 33(2)(g) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 33(3) repealed 1 August 2003 section 12(2) Resource Management Amendment Act 2003 Section 33(4)(a) replaced 1 July 2003 section 262 Local Government Act 2002 Section 33(5) repealed 1 August 2003 section 12(2) Resource Management Amendment Act 2003 34: Delegation of functions, etc, by local authorities 1: A local authority may delegate to any committee of the local authority established in accordance with the Local Government Act 2002 2: A territorial authority may delegate to any community board established in accordance with the Local Government Act 2002 3: Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan. 3A: A unitary authority 3B: Subsection (3A) does not prevent a unitary authority 4: 5: 6: 7: Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to the delegate. 8: Except as provided in the instrument of delegation, every person to whom any function, power, or duty has been delegated under this section may, without confirmation by the local authority, exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it. 9: Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary. 10: A delegation under this section does not affect the performance or exercise of any function, power, or duty by the local authority. 11: In subsections (3A) and (3B), Auckland Council local board section 4(1) Section 34(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 34(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 34(3) replaced 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(3A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 34(3A) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 34(3B) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 34(3B) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Section 34(4) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(5) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(6) repealed 1 August 2003 section 13 Resource Management Amendment Act 2003 Section 34(11) inserted 1 November 2010 Local Government (Auckland Transitional Provisions) Act 2010 34A: Delegation of powers and functions to employees and other persons 1: A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following: a: the approval of a proposed policy statement or plan under clause 17 b: this power of delegation. 1A: If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 5 a: the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and b: if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities. 2: A local authority may delegate to any other person any functions, powers, or duties under this Act except the following: a: the powers in subsection (1)(a) and (b): b: the decision on an application for a resource consent: c: the making of a recommendation on a requirement for a designation. 3: 4: Section 34(7), (8), (9), and (10) 5: Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections. Section 34A inserted 1 August 2003 section 14 Resource Management Amendment Act 2003 Section 34A(1)(a) replaced 1 October 2009 section 28 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 34A(1A) inserted 19 April 2017 section 17 Resource Legislation Amendment Act 2017 Section 34A(3) repealed 10 August 2005 section 14 Resource Management Amendment Act 2005 35: Duty to gather information, monitor, and keep records 1: Every local authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act or regulations under this Act 2: Every local authority shall monitor— a: the state of the whole or any part of the environment of its region or district— i: to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and ii: in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and b: the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and c: the exercise of any functions, powers, or duties delegated or transferred by it; and ca: the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and d: the exercise of the resource consents that have effect in its region or district, as the case may be ; and e: in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 and take appropriate action (having regard to the methods available to it under this Act) where this is shown to be necessary. 2AA: Monitoring required by subsection (2) must be undertaken in accordance with any regulations. 2A: Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b). 3: Every local authority shall keep reasonably available at its principal office, information which is relevant to the administration of policy statements and plans, the monitoring of resource consents, and current issues relating to the environment of the area, to enable the public— a: to be better informed of their duties and of the functions, powers, and duties of the local authority; and b: to participate effectively under this Act. 4: Every local authority shall keep reasonably available at each of the offices in its region or district such of the information referred to in subsection (3) as relates to that part of the region or district. 5: The information to be kept by a local authority under subsection (3) shall include— a: copies of its operative and any proposed policy statements and plans including all requirements for designations and heritage orders, and all operative and proposed changes to those policy statements and plans; and aa: copies of all material incorporated by reference in any plan or proposed plan under Part 3 b: all its decisions relating to submissions on any proposed policy statements and plans which have not yet become operative; and c: in the case of a territorial authority, copies of every operative and proposed regional policy statement and regional plan for the region of which its district forms part; and d: in the case of a regional council, copies of every operative and proposed district plan for every territorial authority in its region; and e: in the case of a regional council, a copy of every Order in Council served on it under section 154(a) f: copies of any national environmental standard or g: records of all applications for resource consents received by it; and ga: records of all decisions under any of sections 37 , 87BA 87BB 87E 95 to 95G 198C 198H gb: records of all resource consents granted within the local authority's region or district; and gc: records of the transfer of any resource consent; and h: i: a summary of all written complaints received by it during the preceding 5 years concerning alleged breaches of the Act or a plan, and information on how it dealt with each such complaint; and j: records of natural hazards to the extent that the local authority considers appropriate for the effective discharge of its functions; and ja: in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and access strips in the district; and jb: in the case of a regional council, records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and k: any other information gathered under subsections (1) and (2). 6: In subsections (2)(e) and (5)(jb), regional council Section 35(1) amended 1 October 2009 section 29(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(2)(a) replaced 4 September 2013 section 7(1) Resource Management Amendment Act 2013 Section 35(2)(b) replaced 1 August 2003 section 15(1) Resource Management Amendment Act 2003 Section 35(2)(ca) inserted 19 April 2017 section 18(1) Resource Legislation Amendment Act 2017 Section 35(2)(d) amended 17 January 2005 section 10(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 35(2)(e) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 35(2AA) inserted 19 April 2017 section 18(2) Resource Legislation Amendment Act 2017 Section 35(2A) inserted 1 August 2003 section 15(2) Resource Management Amendment Act 2003 Section 35(5)(aa) inserted 10 August 2005 section 15 Resource Management Amendment Act 2005 Section 35(5)(f) amended 1 October 2009 section 29(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)(g) replaced 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)(ga) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)(ga) amended 18 October 2017 section 128 Resource Legislation Amendment Act 2017 Section 35(5)(ga) amended 4 September 2013 section 7(2) Resource Management Amendment Act 2013 Section 35(5)(ga) amended 1 October 2009 section 29(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)(gb) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)(gc) inserted 1 August 2003 section 15(3) Resource Management Amendment Act 2003 Section 35(5)(h) repealed 1 October 2009 section 29(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35(5)(ja) inserted 7 July 1993 section 24 Resource Management Amendment Act 1993 Section 35(5)(jb) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 35(6) inserted 17 January 2005 section 10(3) Resource Management (Foreshore and Seabed) Amendment Act 2004 35A: Duty to keep records about iwi and hapu 1: For the purposes of this Act or regulations under this Act a: the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act or regulations under this Act b: the planning documents that are recognised by each iwi authority and lodged with the local authority; and c: any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga ; and d: any Mana Whakahono a Rohe entered into under section 58O 2: For the purposes of subsection (1)(a) and (c),— a: the Crown must provide to each local authority information on— i: the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and ii: any groups that represent hapu for the purposes of this Act or regulations under this Act iii: the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and b: the local authority must include in its records all the information provided to it by the Crown under paragraph (a). 3: In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,— a: on iwi, obtained directly from the relevant iwi authority; and b: on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act or regulations under this Act 4: In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act or regulations under this Act 5: If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,— a: the provision of the other enactment prevails; or b: the advice given under the other enactment prevails; or c: the determination made under the other enactment prevails. 6: Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act 7: Information required to be provided under this section must be provided in accordance with any prescribed requirements. Section 35A inserted 10 August 2005 section 16 Resource Management Amendment Act 2005 Section 35A(1) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(1)(a) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(1)(c) amended 19 April 2017 section 19(1) Resource Legislation Amendment Act 2017 Section 35A(1)(d) inserted 19 April 2017 section 19(2) Resource Legislation Amendment Act 2017 Section 35A(2)(a)(ii) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(3)(b) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(4) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(6) amended 1 October 2009 section 30 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 35A(7) inserted 4 September 2013 section 8 Resource Management Amendment Act 2013 36: Administrative charges 1: A local authority may from time to time a: charges payable by applicants for the preparation or change of a policy statement or plan, for the carrying out by the local authority of its functions in relation to such applications: aa: charges payable by an applicant who makes a request under section 100A ab: charges payable if 1 or more submitters make a request under section 100A i: charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i): ac: charges payable by a requiring authority or heritage protection authority who makes a request under section 100A ad: charges payable if 1 or more submitters make a request under section 100A i: charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and ii: charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i): ae: charges payable by persons proposing to undertake an activity, for the carrying out by the local authority of its functions in relation to issuing a notice under section 87BA 87BB af: charges payable by a person making an objection under section 357A(1)(f) or (g) section 357AB b: charges payable by applicants for resource consents, for the carrying out by the local authority of any 1 or more of and existing use certificates c: charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance and existing use certificates section 35 ca: charges payable by persons seeking authorisations under Part 7A cb: charges payable by holders of resource consents, for the carrying out by the local authority of any 1 or more of i: the review is carried out at the request of the consent holder; or ii: the review is carried out under section 128(1)(a) iii: the review is carried out under section 128(1)(c) ; or iv: the review is carried out under section 128(2) cc: charges payable by a person who carries out a permitted activity, for the monitoring of that activity, if the local authority is empowered to charge for the monitoring in accordance with section 43A(8) cd: charges payable by the farm operator of a farm that is required to have a certified freshwater farm plan, for the carrying out by the local authority of its functions under section 217I d: charges payable by requiring authorities and heritage protection authorities, for the carrying out by the local authority of any 1 or more of e: charges for providing information in respect of plans and resource consents, payable by the person requesting the information: f: charges for supply of documents, payable by the person requesting the document: g: any kind of charge authorised for the purposes of this section by regulations. 1A: To avoid doubt, charges may be fixed under subsection (1) to recover costs incurred by the consent authority for performing its functions under— a: sections 88 to 88F 91(1) and (2) 91A to 92B 95 95A(2) 96 to 103B section 15AA b: Part 2 section 15AA 2: Charges fixed under this section must be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority. 3: Charges may be fixed under this section only— a: in the manner set out in section 150 b: after using the special consultative procedure set out in section 83 c: in accordance with section 36AAA 3A: 4: A local authority must fix a charge under this section if required to do so by regulations made under section 360F Additional charges 5: Except where regulations are made under section 360F 6: A local authority must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (5). 7: Sections 357B to 358 Other matters 8: Section 36AAB Section 36(1) amended 19 April 2017 section 20(1) Resource Legislation Amendment Act 2017 Section 36(1) amended 19 April 2017 section 20(3) Resource Legislation Amendment Act 2017 Section 36(1)(aa) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(ab) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(ac) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(ad) inserted 1 October 2009 section 31(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(ae) inserted 18 October 2017 section 129 Resource Legislation Amendment Act 2017 Section 36(1)(af) inserted 18 October 2017 section 129 Resource Legislation Amendment Act 2017 Section 36(1)(b) amended 1 October 2009 section 31(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(b) amended 10 August 2005 section 17(1) Resource Management Amendment Act 2005 Section 36(1)(c) amended 10 August 2005 section 17(2) Resource Management Amendment Act 2005 Section 36(1)(ca) inserted 1 January 2005 section 8 Resource Management Amendment Act (No 2) 2004 Section 36(1)(cb) inserted 10 August 2005 section 17(3) Resource Management Amendment Act 2005 Section 36(1)(cb) amended 1 October 2009 section 31(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(cb)(iii) amended 1 October 2009 section 31(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(cb)(iv) inserted 1 October 2009 section 31(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1)(cc) inserted 19 April 2017 section 20(2) Resource Legislation Amendment Act 2017 Section 36(1)(cd) inserted 1 July 2020 section 9 Resource Management Amendment Act 2020 Section 36(1)(d) amended 1 October 2009 section 31(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36(1A) inserted 19 April 2017 section 188(2) Resource Legislation Amendment Act 2017 Section 36(2) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(3) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(3A) repealed 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(4) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(5) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(6) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(7) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 Section 36(8) replaced 19 April 2017 section 20(4) Resource Legislation Amendment Act 2017 36AAA: Criteria for fixing administrative charges 1: When fixing charges under section 36 2: The sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates. 3: A particular person or particular persons should be required to pay a charge only— a: to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or b: where the need for the local authority's actions to which the charge relates results from the actions of those persons; or c: in a case where the charge is in respect of the local authority's monitoring functions under section 35(2)(a) i: to the extent that the monitoring relates to the likely effects on the environment of those persons' activities; or ii: to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole. 4: The local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act— a: in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or b: where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties. Section 36AAA inserted 19 April 2017 section 21 Resource Legislation Amendment Act 2017 36AAB: Other matters relating to administrative charges 1: A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in section 36 2: Where a charge of a kind referred to in section 36 3: However, subsection (2) does not apply to a charge to which section 36(1)(ab)(ii), (ad)(ii), or (cb)(iv) 4: A local authority must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of charges fixed under section 36 Section 36AAB inserted 19 April 2017 section 21 Resource Legislation Amendment Act 2017 36AA: Local authority policy on discounting administrative charges 1: A local authority must provide a discount on an administrative charge imposed under section 36 as follows: a: a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) b: a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) 2: The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 section 360(1)(hj) 2A: The Minister must ensure that regulations made under section 360(1)(hj) 3: A local authority may adopt, in accordance with the special consultative procedure set out in section 83 section 36 a: an application for a resource consent or an application to change or cancel conditions under section 127 b: the responsibility for the failure rests with the local authority. 4: The policy must specify— a: the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and b: the procedure an applicant must follow to obtain the discount. 5: Section 36AA inserted 1 October 2009 section 32 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 36AA(1) replaced 1 October 2011 section 12(1) Resource Management Amendment Act (No 2) 2011 Section 36AA(2A) inserted 1 October 2011 section 12(2) Resource Management Amendment Act (No 2) 2011 Section 36AA(5) repealed 1 October 2011 section 12(3) Resource Management Amendment Act (No 2) 2011 Duties of local authorities and applicants Heading inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 36A: No duty under this Act to consult about resource consent applications and notices of requirement 1: The following apply to an applicant for a resource consent and the local authority: a: neither has a duty under this Act to consult any person about the application; and b: each must comply with a duty under any other enactment to consult any person about the application; and c: each may consult any person about the application. 2: This section applies to a notice of requirement issued under any of sections 168 168A 189 189A a: the notice were an application for a resource consent; and b: the authority were an applicant. Section 36A inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Powers and duties of local authorities and other public authorities Heading inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 36B: Power to make joint management agreement 1: A local authority that wants to make a joint management agreement must— a: notify the Minister that it wants to do so; and b: satisfy itself— i: that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement— A: represents the relevant community of interest; and B: has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and ii: that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and c: include in the joint management agreement details of— i: the resources that will be required for the administration of the agreement; and ii: how the administrative costs of the joint management agreement will be met. 2: A local authority that complies with subsection (1) may make a joint management agreement. Section 36B inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 36C: Local authority may act by itself under joint management agreement 1: This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together. 2: The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind. Section 36C inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 36D: Effect of joint management agreement A decision made under a joint management agreement has legal Section 36D inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Section 36D amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 36E: Termination of joint management agreement Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days' notice. Section 36E inserted 10 August 2005 section 18 Resource Management Amendment Act 2005 Waivers and extension of time limits 37: Power of waiver and extension of time limits 1: A consent authority or local authority may, in any particular case,— a: extend a time period specified in this Act or in regulations, whether or not the time period has expired; or b: waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents. 1A: However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM 2: If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may— a: waive compliance with the requirement; or b: direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit. Section 37 replaced 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37(1A) inserted 1 October 2011 section 13 Resource Management Amendment Act (No 2) 2011 37A: Requirements for waivers and extensions 1: A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37 a: the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and b: the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and c: its duty under section 21 2: A time period may be extended under section 37 a: a time not exceeding twice the maximum time period specified in this Act; or b: a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees. 3: Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of— a: an application for a resource consent; or b: an application to change or cancel a condition of a resource consent; or c: a review of a resource consent. 4: A consent authority may extend a time period under section 37 a: the time period as extended does not exceed twice the maximum time period specified in this Act; and b: either— i: special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or ii: the applicant agrees to the extension; and c: the authority has taken into account the matters specified in subsection (1). 5: A consent authority may extend a time period under section 37 a: the applicant agrees to the extension; and b: the authority has taken into account the matters specified in subsection (1). 6: A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver. Section 37A inserted 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37A(3) replaced 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(4) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(5) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37A(6) inserted 1 October 2009 section 33 Resource Management (Simplifying and Streamlining) Amendment Act 2009 37B: Persons to have powers of consent authority for purposes of sections 37 and 37A The following bodies have the powers of a consent authority under sections 37 37A a: the Minister, while carrying out any of his or her functions under Part 6AA b: a board of inquiry appointed under section 149J Part 6AA section 149R ba: the EPA, while carrying out its functions under Part 6AA section 146(1) c: a special tribunal appointed under section 202 d: Section 37B inserted 1 August 2003 section 17 Resource Management Amendment Act 2003 Section 37B(a) replaced 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(b) replaced 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(ba) inserted 1 October 2009 section 34 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 37B(d) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Enforcement officers 38: Authorisation and responsibilities of enforcement officers 1: A local authority may authorise— a: any of its officers; or b: any of the officers of any other local authority, or of the new Ministry or Maritime New Zealand to carry out all or any of the functions and powers as an enforcement officer under this Act. 2: A local authority may authorise any person who is— a: the holder of a licence as a property guard issued under section 34 b: employed by a person authorised under paragraph (a) and who is— i: the holder of a certificate of approval issued under section 40 ii: a person in respect of whom permission granted under section 37 to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 328 3: The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to 1 or more a: compliance with a resource consent issued by that Minister under section 31A b: c: 4: Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed between the Minister and the local authority. 5: The local authority or Minister shall supply every enforcement officer authorised under this section 6: Every enforcement officer authorised under this section 7: Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the local authority or Minister, as the case may be. Section 38(1)(b) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 38(1)(b) amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 38(1)(b) amended 17 December 1997 section 9(1) Resource Management Amendment Act 1997 Section 38(2) amended 7 July 1993 section 26 Resource Management Amendment Act 1993 Section 38(2)(a) replaced 1 April 2011 section 121(1) Private Security Personnel and Private Investigators Act 2010 Section 38(2)(b) replaced 17 December 1997 section 9(2) Resource Management Amendment Act 1997 Section 38(3) amended 17 January 2005 section 12(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 38(3)(a) replaced 1 October 2009 section 35(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 38(3)(b) repealed 1 October 2009 section 35(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 38(3)(c) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(5) amended 1 July 2020 section 10(1) Resource Management Amendment Act 2020 Section 38(6) amended 1 July 2020 section 10(2) Resource Management Amendment Act 2020 Powers and duties in relation to hearings 39: Hearings to be public and without unnecessary formality 1: Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33 34 34A 117 149J 202 357C a: a proposed policy statement, a plan, a change, or a variation b: an application for a resource consent; or c: d: an application to change or cancel a e: a matter for which a direction has been made under section 142(2) 147(1)(a) f: a requirement for a designation or heritage order; or fa: a requirement to alter a designation or heritage order; or g: an application for a water conservation order,— the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 Local Government Official Information and Meetings Act 1987 2: In determining an appropriate procedure for the purposes of subsection (1), the authority shall— a: avoid unnecessary formality; and b: recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 c: not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and d: not permit cross-examination. 3: Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J Section 39(1) amended 1 October 2009 section 36(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1) amended 10 August 2005 section 20(1) Resource Management Amendment Act 2005 Section 39(1) amended 10 August 2005 section 20(2) Resource Management Amendment Act 2005 Section 39(1) amended 7 July 1993 section 27(1) Resource Management Amendment Act 1993 Section 39(1)(a) amended 1 October 2009 section 36(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)(c) amended 1 October 2009 section 36(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)(d) amended 1 October 2009 section 36(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)(e) replaced 1 October 2009 section 36(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(1)(fa) inserted 1 October 2009 section 36(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 39(2)(b) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 39(3) inserted 4 September 2013 section 9 Resource Management Amendment Act 2013 39AA: Hearing using remote access facilities Interpretation 1: In this section,— audio link audiovisual link remote access facility a: audio link: b: audiovisual link: c: any other similar facility. Direction to use remote access facilities 2: For the purposes of section 39 3: A direction may be made under subsection (2)— a: on the initiative of the authority itself; or b: at the request of any person with a right to be heard at the hearing under section 40 4: An authority may make a direction under subsection (2) provided that the authority— a: considers it appropriate and fair to do so; and b: is satisfied that the necessary remote access facilities are available. 5: If a hearing is conducted in full or in part using a remote access facility, the authority must,— a: if it is reasonably practicable to do so, enable access to the hearing by making the hearing available live and free of charge to the public, for example, on an Internet site; or b: as soon as practicable after the hearing closes, make available free of charge on its Internet site— i: an audio or a video recording of the hearing; or ii: a written transcript of the hearing. Exclusions 6: This section does not apply— a: to a public hearing if the relevant authority is represented by 1 or more persons appearing in person at the hearing and 1 or more persons make submissions or give evidence by means of a remote access facility; or b: to a hearing to which section 47A Deemed compliance 7: A hearing conducted in full or in part before 25 March 2020 using a remote access facility is deemed to comply with this section. When 8: This section applies on and from 25 March 2020. 9: Section 39AA inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 39AA heading amended 1 July 2020 section 11(1) Resource Management Amendment Act 2020 Section 39AA(8) heading amended 1 July 2020 section 11(2) Resource Management Amendment Act 2020 Section 39AA(9) repealed 1 July 2020 section 11(3) Resource Management Amendment Act 2020 39A: Accreditation 1: The Minister must— a: approve a qualification or qualifications establishing a person's accreditation; and b: give notice of each qualification. 2: A notice under subsection (1)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 39A inserted 10 August 2005 section 21 Resource Management Amendment Act 2005 Section 39A(1)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 39B: Persons who may be given hearing authority 1: This section applies when a local authority wants to apply any of sections 33 34 section 34A a: an application for a resource consent b: a notice of requirement given under section 168 section 189 c: a request under clause 21(1) ; or d: a review of a resource consent; or e: an application to change or cancel a condition of a resource consent; or f: a proposed policy statement or plan that is notified under clause 5 or given limited notification under clause 5A g: any matter under section 357C 2: If the local authority wants to give authority to 1 person, it may do so only if the person is accredited. 3: If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if— a: all persons in the group, including the chairperson, are accredited; or b: the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited. 4: If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if— a: all the persons in the group are accredited; or b: over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited. Section 39B inserted 9 August 2006 section 22(1) Resource Management Amendment Act 2005 Section 39B(1)(a) amended 12 September 2014 section 14(1) Resource Management Amendment Act (No 2) 2011 Section 39B(1)(c) amended 12 September 2014 section 14(2) Resource Management Amendment Act (No 2) 2011 Section 39B(1)(d) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)(e) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)(f) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(1)(f) amended 19 April 2017 section 22 Resource Legislation Amendment Act 2017 Section 39B(1)(g) inserted 12 September 2014 section 14(3) Resource Management Amendment Act (No 2) 2011 Section 39B(3) replaced 12 September 2014 section 14(4) Resource Management Amendment Act (No 2) 2011 Section 39B(4) replaced 12 September 2014 section 14(4) Resource Management Amendment Act (No 2) 2011 39C: Effect of lack of accreditation 1: This section applies when a local authority purports to give authority under section 39B 2: No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B Section 39C inserted 10 August 2005 section 23 Resource Management Amendment Act 2005 40: Persons who may be heard at hearings 1: At any hearing described in section 39 2: Notwithstanding subsection (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support. 3: If— a: the applicant; or b: any person who made a submission and stated they wished to be heard at any such hearing— fails to appear at the hearing, the authority Section 40 heading amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 40(3) inserted 7 July 1993 section 28 Resource Management Amendment Act 1993 Section 40(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 41: Provisions relating to hearings 1: The following provisions of the Commissions of Inquiry Act 1908 sections 33 34 34A 117 149J 202 a: section 4 b: section 4B c: section 4D d: section 5 e: section 6 f: section 7 2: Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing. 3: All allowances for a witness shall be paid by the party on whose behalf the witness is called. 4: At every hearing conducted in relation to a matter described in section 39(1) section 42A Section 41(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41(1) amended 10 August 2005 section 24 Resource Management Amendment Act 2005 Section 41(4) inserted 7 July 1993 section 29 Resource Management Amendment Act 1993 41A: Control of hearings An authority conducting a hearing on a matter described in section 39(1) any of sections 41B to 41D Section 41A inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41A amended 18 October 2017 section 130 Resource Legislation Amendment Act 2017 41B: Directions to provide evidence within time limits 1: The authority may direct the applicant to provide briefs of evidence to the authority before the hearing. 2: The applicant must provide the briefs of evidence at least 10 working days before the hearing. 3: The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing. 4: The person must provide the briefs of evidence at least 5 working days before the hearing. 5: 6: 7: Section 41B inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41B(5) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013 Section 41B(6) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013 Section 41B(7) repealed 3 March 2015 section 88 Resource Management Amendment Act 2013 41C: Directions and requests before or at hearings 1: Before or at the hearing, the authority may— a: direct the order of business at the hearing, including the order in which evidence and submissions are presented; or b: direct that evidence and submissions be— i: recorded; or ii: taken as read; or iii: limited to matters in dispute; or c: direct the applicant, when presenting evidence or a submission, to present it within a time limit; or d: direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit. 2: Before or at the hearing, the authority may request a person who has made a submission to provide further information. 3: At the hearing, the authority may request the applicant to provide further information. 4: At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply: a: the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and b: the applicant is notified before the authority commissions the report; and c: the applicant does not refuse to agree to the commissioning of the report. 5: The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission. 5A: Subsection (5B) applies to— a: any further information that— i: is requested under subsection (2) or (3); and ii: is received in writing or electronically after the start of the hearing; but iii: is not given as evidence at the hearing; and b: any report that is commissioned under subsection (4). 5B: The authority must— a: provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and b: make the further information or report available at its office to any person who made a submission and did not state a wish to be heard. 5C: However, the authority does not need to provide further information to the applicant or submitter who provided the information. 6: At the hearing, the authority may direct a person presenting a submission not to present— a: the whole submission, if all of it is irrelevant or not in dispute; or b: any part of it that is irrelevant or not in dispute. 7: 8: 9: Section 41C inserted 10 August 2005 section 25(1) Resource Management Amendment Act 2005 Section 41C(5) replaced 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5A) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5B) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(5C) inserted 1 October 2009 section 38 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 41C(7) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017 Section 41C(8) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017 Section 41C(9) repealed 18 October 2017 section 131 Resource Legislation Amendment Act 2017 41D: Striking out submissions 1: An authority conducting a hearing on a matter described in section 39(1) a: it is frivolous or vexatious: b: it discloses no reasonable or relevant case: c: it would be an abuse of the hearing process to allow the submission or the part to be taken further: d: it is supported only by evidence that, though purporting to be independent expert evidence, has been prepared by a person who is not independent or who does not have sufficient specialised knowledge or skill to give expert evidence on the matter: e: it contains offensive language. 2: An authority— a: may make a direction under this section before, at, or after the hearing; and b: must record its reasons for any direction made. 3: A person whose submission is struck out, in whole or in part, has a right of objection under section 357 Section 41D inserted 18 October 2017 section 132 Resource Legislation Amendment Act 2017 42: Protection of sensitive information 1: A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary— a: to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of waahi tapu; or b: to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,— and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available. 2: A local authority may make an order for the purpose of subsection (1)— a: that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48 b: prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement. 3: An order made under subsection (2)(b) in relation to— a: any matter described in subsection (1)(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances: b: any matter described in subsection (1)(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings— and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act 1987 4: Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court section 279(3)(a) 5: Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court section 279(3)(b) 6: In this section— a: information b: local authority i: a board of inquiry appointed under section 47 149J ia: a local board: ii: a community board: iii: a public body: iv: a special tribunal: v: a person given authority to conduct hearings under any of sections 33 34 34A 117 202 Section 42(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 42(5) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 42(6)(b) replaced 1 October 2009 section 39 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42(6)(b)(ia) inserted 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 Reports Heading inserted 7 July 1993 section 30 Resource Management Amendment Act 1993 42A: Reports to local authority 1: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)(b) section 39(1) 1AA: The local authority may— a: require an officer of the local authority to prepare the report; or b: commission a consultant or any other person employed for the purpose to prepare the report. 1A: The report does not need to repeat information included in the applicant's application under section 88(2) 1B: Instead, the report may— a: adopt all of the information; or b: adopt any part of the information by referring to the part adopted. 2: Any report prepared under subsection (1) may be considered at any hearing conducted by the local authority. 3: If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy— a: at least 15 working days before the hearing, if the authority gives a direction under section 41B b: at least 5 working days before the hearing, if the authority does not give a direction under section 41B 4: If the report is in writing, the authority must— a: make the report available at its office to any person who made a submission and did not state a wish to be heard; and b: give written or electronic notice to those submitters that the report is available at the authority's office. 5: The local authority may waive compliance with— a: subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or b: subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph. Section 42A inserted 7 July 1993 section 30 Resource Management Amendment Act 1993 Section 42A(1) replaced 4 September 2013 section 10 Resource Management Amendment Act 2013 Section 42A(1AA) inserted 4 September 2013 section 10 Resource Management Amendment Act 2013 Section 42A(1A) replaced 3 March 2015 section 89 Resource Management Amendment Act 2013 Section 42A(1B) replaced 3 March 2015 section 89 Resource Management Amendment Act 2013 Section 42A(3) replaced 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42A(4) replaced 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42A(5) inserted 1 October 2009 section 40(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 4A: Environmental Protection Authority Part 4A inserted 1 October 2009 section 41 Resource Management (Simplifying and Streamlining) Amendment Act 2009 42B: Establishment of Environmental Protection Authority Section 42B repealed 1 July 2011 section 7 Resource Management Amendment Act 2011 42C: Functions of EPA The functions of the Environmental Protection Authority are— aa: to make recommendations to the Minister under section 144A section 142(1) a: to receive matters lodged under section 145 b: to make recommendations to the Minister under section 146 149ZB ba: to receive matters under section 149B(2) c: to make decisions under section 139 d: to provide secretarial and support services to— i: a board of inquiry appointed under section 149J ii: a special tribunal appointed under section 202 daa: to provide planning advice under section 149L dab: if requested by the Minister, to provide secretarial and support services to a person appointed under another Act to make a decision requiring the application of provisions of this Act as applied or modified by the other Act: dac: if requested by the Minister, to provide advice and secretarial and support services to the Minister in relation to the Minister’s functions under the streamlined planning process ( see subpart 5 Part 5 da: to provide technical advice to the Minister on the development of a national environmental standard: e: to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4) f: to perform the enforcement functions conferred by section 343F g: if requested by the Minister, to provide secretarial and support services to assist the Chief Freshwater Commissioner in the exercise of his or her functions and powers in respect of the freshwater planning process; and h: to exercise any other functions specified in this Act. Section 42C inserted 1 October 2009 section 41 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 42C(aa) inserted 1 July 2011 section 8(1) Resource Management Amendment Act 2011 Section 42C(ba) inserted 1 July 2011 section 8(2) Resource Management Amendment Act 2011 Section 42C(d) inserted 1 July 2011 section 8(3) Resource Management Amendment Act 2011 Section 42C(daa) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(dab) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(dac) inserted 19 April 2017 section 23 Resource Legislation Amendment Act 2017 Section 42C(da) inserted 1 July 2011 section 8(4) Resource Management Amendment Act 2011 Section 42C(f) replaced 1 July 2020 section 12 Resource Management Amendment Act 2020 Section 42C(g) inserted 1 July 2020 section 12 Resource Management Amendment Act 2020 Section 42C(h) inserted 1 July 2020 section 12 Resource Management Amendment Act 2020 42CA: Cost recovery for specified function of EPA 1: If the Minister asks the EPA under section 42C(dab) supported person a: the Minister may direct the EPA to recover from that person the actual and reasonable costs incurred by the EPA in providing the services; and b: the EPA may recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989 2: The EPA must, on request by the supported person, provide an estimate of the costs likely to be recovered under this section. 3: When recovering costs under this section, the EPA must have regard to the following criteria: a: the sole purpose is to recover the reasonable costs incurred in providing the services: b: the supported person should be required to pay for costs only to the extent that the benefit of the services provided by the EPA is obtained by that person as distinct from the community as a whole: c: the extent to which any activity by the supported person reduces the cost to the EPA of providing the services. 4: If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction. Section 42CA inserted 19 April 2017 section 24 Resource Legislation Amendment Act 2017 42D: Secretary for the Environment to exercise functions of EPA Section 42D repealed 1 July 2011 section 9 Resource Management Amendment Act 2011 5: Standards, policy statements, and plans 43AA: Interpretation In this Act, unless the context requires another meaning,— change a: a change proposed by a local authority to a policy statement or plan under clause 2 section 80F(1) or (2) b: a change proposed by any person to a policy statement or plan by a request under clause 21 district plan a: means an operative plan approved by a territorial authority under Schedule 1 b: includes all operative changes to the plan (whether arising from a review or otherwise) operative a: has become operative— i: in terms of clause 20 ii: under section 86F b: has not ceased to be operative plan policy statement proposed policy statement clause 5 , or given limited notification under clause 5A clause 20 regional coastal plan a: means an operative plan approved by the Minister of Conservation under Schedule 1 b: includes all operative changes to the plan (whether arising from a review or otherwise) regional plan a: means an operative plan approved by a regional council under Schedule 1 b: includes a regional coastal plan regional policy statement a: means an operative regional policy statement approved by a regional council under Schedule 1 b: includes all operative changes to the policy statement (whether arising from a review or otherwise) rule variation clause 16A a: a proposed policy statement or plan; or b: a change. Section 43AA inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43AA change replaced 21 December 2021 section 5 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 43AA proposed policy statement amended 19 April 2017 section 25(a) Resource Legislation Amendment Act 2017 Section 43AA proposed policy statement amended 19 April 2017 section 25(b) Resource Legislation Amendment Act 2017 43AAB: Meaning of district rule and regional rule 1: In this Act, unless the context otherwise requires, district rule section 76 2: Subsection (1) is subject to section 86B clause 10(5) 3: In this Act, unless the context otherwise requires, regional rule section 68 4: Subsection (3) is subject to section 86B clause 10(5) Section 43AAB inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009 43AAC: Meaning of proposed plan 1: In this Act, unless the context otherwise requires, proposed plan a: means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 or given limited notification under clause 5A clause 20 b: includes— i: a proposed plan or a change to a plan proposed by a person under Part 2 clause 25(2)(a) ii: an IPI notified in accordance with section 80F(1) or (2) 2: Subsection (1) is subject to section 86B clause 10(5) Section 43AAC inserted 1 October 2009 section 42 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43AAC(1)(a) amended 19 April 2017 section 26(a) Resource Legislation Amendment Act 2017 Section 43AAC(1)(a) amended 19 April 2017 section 26(b) Resource Legislation Amendment Act 2017 Section 43AAC(1)(b) replaced 21 December 2021 section 6 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 1: National direction Subpart 1 heading inserted 19 April 2017 section 27 Resource Legislation Amendment Act 2017 National environmental standards Heading replaced 19 April 2017 section 27 Resource Legislation Amendment Act 2017 43: Regulations prescribing national environmental standards 1: The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements: a: standards for the matters referred to in section 9 section 11 section 12 section 13 section 14 section 15 i: contaminants: ii: water quality, level, or flow: iii: air quality: iv: soil quality in relation to the discharge of contaminants: b: standards for noise: c: standards, methods, or requirements for monitoring. 2: The regulations may include: a: qualitative or quantitative standards: b: standards for any discharge or the ambient environment: c: methods for classifying a natural or physical resource: d: methods, processes, or technology to implement standards: da: non-technical methods or requirements: e: exemptions from standards: f: transitional provisions for standards, methods, or requirements. 3: Section 360(2) 4: Regulations made under this section may apply— a: generally; or b: to any specified district or region of any local authority; or c: to any specified part of New Zealand. 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 43 replaced 20 May 2003 section 18 Resource Management Amendment Act 2003 Section 43(1)(a) amended 10 August 2005 section 27 Resource Management Amendment Act 2005 Section 43(2)(da) inserted 19 April 2017 section 28(1) Resource Legislation Amendment Act 2017 Section 43(4) inserted 19 April 2017 section 28(2) Resource Legislation Amendment Act 2017 Section 43(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 43A: Contents of national environmental standards 1: National environmental standards a: prohibit an activity: b: allow an activity: c: restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard d: require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard e: specify, in relation to a rule made before the commencement of a national environmental standard i: the extent to which any matter to which the standard ii: the time period during which any matter to which the standard f: require local authorities to review, under section 128(1) or consents a national environmental standard 2: A national environmental standard that prohibits an activity— a: may do one or both of the following: i: state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard , including the duration of a consent ii: require compliance with the rules in a plan or proposed plan as a term or condition; or b: may state that the activity is a prohibited activity. 3: If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),— a: allow the activity, unless it states that a resource consent is required for the activity; or b: state that the activity is a permitted activity. 4: A national environmental standard that allows an activity— a: may state that a resource consent is not required for the activity; or b: may do one or both of the following: i: state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and ii: require compliance with the rules in a plan or proposed plan as a term or condition. 5: If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans: a: a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and b: the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and c: if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail. 6: A national environmental standard that allows a resource consent to be granted for an activity— a: may state that the activity is— i: a controlled activity; or ii: a restricted discretionary activity; or iii: a discretionary activity; or iv: a non-complying activity; and b: may state the matters over which— i: control is reserved; or ii: discretion is restricted. 7: A national environmental standard may specify the activities for which the consent authority— a: must give public notification of an application for a resource consent: b: is precluded from giving public notification of an application for a resource consent: c: is precluded from giving limited notification of an application for a resource consent. 8: A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard. Section 43A inserted 20 May 2003 section 18 Resource Management Amendment Act 2003 Section 43A heading replaced 1 October 2009 section 43(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43A(1) amended 10 August 2005 section 28(1) Resource Management Amendment Act 2005 Section 43A(1)(b) replaced 10 August 2005 section 28(2) Resource Management Amendment Act 2005 Section 43A(1)(c) amended 10 August 2005 section 28(3) Resource Management Amendment Act 2005 Section 43A(1)(d) amended 10 August 2005 section 28(3) Resource Management Amendment Act 2005 Section 43A(1)(e) amended 10 August 2005 section 28(4)(a) Resource Management Amendment Act 2005 Section 43A(1)(e)(i) amended 10 August 2005 section 28(4)(b) Resource Management Amendment Act 2005 Section 43A(1)(e)(ii) amended 10 August 2005 section 28(4)(b) Resource Management Amendment Act 2005 Section 43A(1)(f) amended 19 April 2017 section 29(1) Resource Legislation Amendment Act 2017 Section 43A(1)(f) amended 10 August 2005 section 28(5) Resource Management Amendment Act 2005 Section 43A(2) replaced 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(2)(a)(i) amended 19 April 2017 section 29(2) Resource Legislation Amendment Act 2017 Section 43A(3) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(4) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(5) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(6) inserted 10 August 2005 section 28(6) Resource Management Amendment Act 2005 Section 43A(7) inserted 1 October 2009 section 43(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43A(8) inserted 19 April 2017 section 29(3) Resource Legislation Amendment Act 2017 43B: Relationship between national environmental standards and rules or consents 1: A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it. 2: For the purposes of subsection (1),— a: a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises: b: a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise. 3: A rule or resource consent that is more lenient than a national environmental standard prevails over the standard if the standard expressly says that a rule or consent may be more lenient than it. 4: For the purposes of subsection (3), a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts. 5: A land use consent or a subdivision consent granted under the district rules published under the Legislation Act 2019 6: The following permits and consents prevail over a national environmental standard: a: a coastal, water, or discharge permit: b: a land use consent granted in relation to a regional rule. 6A: Subsection (6) applies— a: if those permits or consents are granted before the date on which a relevant national environmental standard is published under the Legislation Act 2019 b: until a review of the conditions of the permit or consent under section 128(1)(ba) 7: This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is published under the Legislation Act 2019 8: 9: If a national environmental standard requires a resource consent to be obtained for an activity, sections 10 10A 10B 20A(2) Section 43B replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 Section 43B(3) replaced 19 April 2017 section 30(1) Resource Legislation Amendment Act 2017 Section 43B(5) replaced 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43B(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(5) amended 19 April 2017 section 30(2) Resource Legislation Amendment Act 2017 Section 43B(6) replaced 19 April 2017 section 30(3) Resource Legislation Amendment Act 2017 Section 43B(6A) inserted 19 April 2017 section 30(3) Resource Legislation Amendment Act 2017 Section 43B(6A)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(7) replaced 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 43B(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43B(8) repealed 1 October 2009 section 44 Resource Management (Simplifying and Streamlining) Amendment Act 2009 43C: Relationship between national environmental standards and water conservation orders 1: A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard. 2: A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order. Section 43C replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 43D: Relationship between national environmental standards and designations 1: A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following: a: the designation lapses: b: the designation is altered under section 181 2: If the conditions of a designation are altered as described in subsection (1)(b), the standard— a: applies to the altered conditions; and b: does not apply to the unaltered conditions. 3: A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,— a: the designation exists; and b: no outline plan for the designation has completed the process described in section 176A 4: A national environmental standard that exists when a designation is made prevails over the designation. 5: A use is not required to comply with a national environmental standard if— a: the use was lawfully established by way of a designation that has lapsed; and b: the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and c: the standard is made— i: after the designation was made; and ii: before or after it lapses. 6: Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events: a: the work is made; and b: the standard is made; and c: the designation is applied to the work. 7: In this section, conditions Section 43D replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 43E: Relationship between national environmental standards and bylaws 1: A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it. 2: For the purposes of subsection (1), a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises. 3: A bylaw may be more lenient than a national environmental standard if the standard expressly specifies that the bylaw may be more lenient. 4: For the purposes of subsection (3), a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts. 5: In this section, bylaw Section 43E replaced 10 August 2005 section 29 Resource Management Amendment Act 2005 Section 43E(3) replaced 19 April 2017 section 31 Resource Legislation Amendment Act 2017 43F: Description of discharges in national environmental standards for discharges A national environmental standard for an activity that is a discharge may describe the discharge by referring to— a: particular contaminants or sources of contaminants in a discharge; or b: the circumstances or sources of a discharge. Section 43F inserted 10 August 2005 section 29 Resource Management Amendment Act 2005 43G: Incorporation of material by reference in national environmental standards Section 43G repealed 19 April 2017 section 32 Resource Legislation Amendment Act 2017 44: Restriction on power to make national environmental standards 1: Before recommending the making of a national environmental standard to the Governor-General, the Minister must— a: comply with section 46A(3) b: prepare an evaluation report for the standard in accordance with section 32 c: have particular regard to that report when deciding whether to recommend the making of the standard; and d: publicly notify the report and recommendation made under section 46A(4)(c) 51(2) 2: For the purposes of subsection (1)(a), the Minister— a: must consider a report and any recommendations made to the Minister under section 46A(4)(c) 51 b: may make any changes, or no changes, to the proposed national environmental standard as the Minister thinks fit. 2: 3: The Minister need not follow the steps in section 46A a: that has no more than a minor effect; or b: that corrects errors or makes similar technical alterations. Section 44 replaced 1 October 2009 section 45 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 44(1) replaced 19 April 2017 section 33(1) Resource Legislation Amendment Act 2017 Section 44(2) inserted 1 July 2020 section 13 Resource Management Amendment Act 2020 Section 44(2) repealed 19 April 2017 section 33(1) Resource Legislation Amendment Act 2017 Section 44(3) amended 19 April 2017 section 33(2) Resource Legislation Amendment Act 2017 44A: Local authority recognition of national environmental standards 1: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard. 2: Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if— a: both of the following apply: i: the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and ii: the standard does not expressly say that a rule may be more stringent than it; or b: the rule in the plan is more lenient than a provision in the standard and the standard does not expressly specify that a rule may be more lenient than the provision in the standard. 3: If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e) a: without using the process in Schedule 1 b: in accordance with the specification in the national environmental standard. 4: If the duplication or conflict arises as described in section 43A(5)(c) a: without using the process in Schedule 1 b: as soon as practicable after the date on which the standard comes into force. 5: In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict— a: without using the process in Schedule 1 b: as soon as practicable after the date on which the standard comes into force. 6: A local authority may amend a plan or proposed plan to include a reference to a national environmental standard— a: without using the process in Schedule 1 b: after the date on which the standard comes into force. 7: Every local authority and consent authority must observe national environmental standards. 8: Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so. Section 44A inserted 1 October 2009 section 45 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 44A(2)(b) replaced 19 April 2017 section 34 Resource Legislation Amendment Act 2017 National policy statements 45: Purpose of national policy statements (other than New Zealand coastal policy statements) 1: The purpose of national policy statements is to state objectives and policies for 2: In determining whether it is desirable to prepare a national policy statement, the Minister may have regard to— a: the actual or potential effects of the use, development, or protection of natural and physical resources: b: New Zealand's interests and obligations in maintaining or enhancing aspects of the national or global environment: c: anything which affects or potentially affects any structure, feature, place, or area of national significance: d: anything which affects or potentially affects more than 1 region: e: anything concerning the actual or potential effects of the introduction or use of new technology or a process which may affect the environment: f: anything which, because of its scale or the nature or degree of change to a community or to natural and physical resources, may have an impact on, or is of significance to, New Zealand: g: anything which, because of its uniqueness, or the irreversibility or potential magnitude or risk of its actual or potential effects, is of significance to the environment of New Zealand: h: anything which is significant in terms of section 8 i: the need to identify practices (including the measures referred to in section 24(h) j: any other matter related to the purpose of a national policy statement. Section 45(1) amended 20 May 2003 section 19 Resource Management Amendment Act 2003 45A: Contents of national policy statements 1: A national policy statement must state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act. 2: A national policy statement may also state— a: the matters that local authorities must consider in preparing policy statements and plans: b: methods or requirements in policy statements or plans, and any specifications for how local authorities must apply those methods or requirements, including the use of models and formulae: c: the matters that local authorities are required to achieve or provide for in policy statements and plans: d: constraints or limits on the content of policy statements or plans: e: objectives and policies that must be included in policy statements and plans: f: directions to local authorities on the collection and publication of specific information in order to achieve the objectives of the statement: g: directions to local authorities on monitoring and reporting on matters relevant to the statement, including— i: directions for monitoring and reporting on their progress in relation to any provision included in the statement under this section; and ii: directions for monitoring and reporting on how they are giving effect to the statement; and iii: directions specifying standards, methods, or requirements for carrying out monitoring and reporting under subparagraph (i) or (ii): h: any other matter relating to the purpose or implementation of the statement. 3: A national policy statement may apply— a: generally; or b: to any specified district or region of any local authority; or c: to any specified part of New Zealand. 4: A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings. 5: Consultation undertaken before this section comes into force in relation to a matter included in a national policy statement satisfies the requirement for consultation under section 46A Section 45A inserted 19 April 2017 section 35 Resource Legislation Amendment Act 2017 46: Proposed national policy statement Section 46 repealed 19 April 2017 section 36 Resource Legislation Amendment Act 2017 46A: Single process for preparing national directions 1: This section and sections 47 to 51 2: In this section and sections 46B to 51 national direction a: a national environmental standard: b: a national policy statement. 3: If the Minister proposes to issue a national direction, the Minister must either— a: follow the requirements set out in sections 47 to 51 b: establish and follow a process that includes the steps described in subsection (4). 4: The steps required in the process established under subsection (3)(b) must include the following: a: the public and iwi authorities must be given notice of— i: the proposed national direction; and ii: why the Minister considers that the proposed national direction is consistent with the purpose of the Act; and b: those notified must be given adequate time and opportunity to make a submission on the subject matter of the proposed national direction; and c: a report and recommendations must be made to the Minister on the submissions and the subject matter of the national direction; and d: the matters listed in section 51(1) 5: In preparing a national direction, the Minister may, at any time, consult on a draft national direction. 6: When choosing between subsection (3)(a) and (b), the Minister may consider— a: the advantages and disadvantages of preparing the proposed national direction quickly: b: the extent to which the proposed national direction differs from— i: other national environmental standards: ii: other national policy statements: iii: regional policy statements: iv: plans: c: the extent and timing of public debate and consultation that took place before the proposed national direction was prepared: d: any other relevant matter. 7: If the Minister decides, after consulting as required by subsection (3), to recommend that regulations on the same subject matter as that consulted on be made under any of sections 360 to 360C 8: Section 46A replaced 19 April 2017 section 37 Resource Legislation Amendment Act 2017 Section 46A(2) amended 30 November 2022 section 109 Statutes Amendment Act 2022 Section 46A(7) amended 1 July 2020 section 14 Resource Management Amendment Act 2020 Section 46A(8) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 46B: Incorporation of material by reference in national direction A national direction Schedule 1AA Section 46B inserted 10 August 2005 section 33 Resource Management Amendment Act 2005 Section 46B heading amended 19 April 2017 section 38(1) Resource Legislation Amendment Act 2017 Section 46B amended 19 April 2017 section 38(2) Resource Legislation Amendment Act 2017 47: Board of inquiry 1: The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national direction 2: The Minister may, as the Minister sees fit,— a: set terms of reference for the board of inquiry; and b: set the rate of remuneration to be paid to members of the board of inquiry. 3: A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. Section 47 replaced 20 May 2003 section 20 Resource Management Amendment Act 2003 Section 47(1) amended 19 April 2017 section 39 Resource Legislation Amendment Act 2017 Section 47(3) inserted 1 October 2009 section 47 Resource Management (Simplifying and Streamlining) Amendment Act 2009 47A: Board of inquiry to suspend consideration or consider additional material 1: The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2) a: direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material): b: provide the board with additional material to consider. 2: The Minister must give public notice of a direction under subsection (1)(a), including the reasons for the direction. 3: A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)(a). Section 47A inserted 1 October 2009 section 48 Resource Management (Simplifying and Streamlining) Amendment Act 2009 48: Public notification of proposal for national direction and inquiry 1: As soon as practicable after its appointment, a board of inquiry must ensure that— a: public notice of the proposed national direction b: a copy of the short summary of the notice referred to in section 2AB(1)(b) 2: Every notice for the purposes of this section shall be in the prescribed form and shall state— a: a description of the proposed national direction ab: places at which the proposed national direction b: that submissions on the proposed national direction c: the closing date for submissions (which shall be not earlier than 20 working days after public notification). Section 48 heading replaced 19 April 2017 section 40(1) Resource Legislation Amendment Act 2017 Section 48(1) replaced 18 October 2017 section 133 Resource Legislation Amendment Act 2017 Section 48(1)(a) amended 24 October 2019 section 126 Statutes Amendment Act 2019 Section 48(2)(a) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)(ab) inserted 20 May 2003 section 21(3) Resource Management Amendment Act 2003 Section 48(2)(ab) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)(b) amended 19 April 2017 section 40(3) Resource Legislation Amendment Act 2017 Section 48(2)(b) amended 20 May 2003 section 21(4) Resource Management Amendment Act 2003 49: Submissions to board of inquiry 1: Any person may make a submission to the board of inquiry about a proposed national direction section 48 2: Every submission shall be in writing, shall be served on the board of inquiry, and shall state whether or not the person making the submission wishes to be heard in respect of the submission, and shall also state any other matter prescribed in regulations made under this Act. Section 49(1) amended 19 April 2017 section 41 Resource Legislation Amendment Act 2017 50: Conduct of hearing 1: Sections 39 to 42A direction a: a consent authority or local authority were a reference to a board of inquiry; and b: a proposed direction direction 2: The board of inquiry must give at least 10 working days' notice of the dates, times, and place of the hearing of the inquiry. 3: The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42 4: To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40 Section 50 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 50(1) amended 19 April 2017 section 42 Resource Legislation Amendment Act 2017 Section 50(1)(b) amended 19 April 2017 section 42 Resource Legislation Amendment Act 2017 Section 50(3) replaced 1 October 2009 section 49 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 50(4) inserted 1 October 2009 section 49 Resource Management (Simplifying and Streamlining) Amendment Act 2009 51: Matters to be considered and board of inquiry's report 1: The board of inquiry must consider the following matters: a: the matters in Part 2 b: the proposed national direction c: any submissions received on the proposed national direction ca: if applicable, section 47A(1)(b) d: any evidence received; and e: any other relevant matter. 2: After considering the matters, the board of inquiry must arrange for a report and recommendations to be made to the Minister within any terms of reference set by the Minister. Section 51 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 51(1)(b) amended 19 April 2017 section 43 Resource Legislation Amendment Act 2017 Section 51(1)(c) amended 19 April 2017 section 43 Resource Legislation Amendment Act 2017 Section 51(1)(ca) inserted 1 October 2009 section 50 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 51(1)(ca) amended 1 July 2020 section 15 Resource Management Amendment Act 2020 51A: Withdrawal of proposed national policy statement 1: The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2) 2: The Minister must give public notice of the withdrawal, including the reasons for the withdrawal. 3: If a board of inquiry has not reported to the Minister under section 51(2) a: withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or b: withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act. Section 51A inserted 1 October 2009 section 51 Resource Management (Simplifying and Streamlining) Amendment Act 2009 52: Consideration of recommendations and approval or withdrawal 1: In the case of a national policy statement, whether made in accordance with section 46A(3)(a) or (b) a: first, must consider a report and any recommendations made to him or her by a board of inquiry under section 46A(4)(c) 51 b: secondly, may— i: make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or ii: withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal; and c: thirdly, must undertake an section 32 2: The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement. 3: The Minister must, as soon as practicable after a national policy statement has been approved,— a: issue the statement by having it published under the Legislation Act 2019 b: publicly notify the statement and the report in whatever form he or she thinks appropriate and send a copy to every local authority; and c: provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations). d: 4: A national policy statement under this section is secondary legislation ( see Part 3 5: That Act applies as if— a: the Minister were the maker of the national policy statement; and b: the national policy statement were made when the Order in Council under subsection (2) is made. 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 The maker must: LA19 ss 73 74(1)(a) cl 14 • give public notice of it (see section 2AB • publish it in whatever form the maker thinks appropriate • publish the Order in Council made under subsection (2) in the Gazette • comply with subsection (3) and section 54(1) 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 replaced 20 May 2003 section 22 Resource Management Amendment Act 2003 Section 52 heading amended 1 October 2009 section 52(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 52(1) replaced 3 December 2013 section 75 Resource Management Amendment Act 2013 Section 52(1) amended 19 April 2017 section 44(1) Resource Legislation Amendment Act 2017 Section 52(1)(a) amended 19 April 2017 section 44(2) Resource Legislation Amendment Act 2017 Section 52(1)(c) amended 19 April 2017 section 44(3)(a) Resource Legislation Amendment Act 2017 Section 52(1)(c) amended 19 April 2017 section 44(3)(b) Resource Legislation Amendment Act 2017 Section 52(3)(a) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(3)(c) replaced 1 October 2009 section 52(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 52(3)(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 53: Changes to or review or revocation of national policy statements 1: The Minister may review, change, or revoke a national policy statement after using one of the processes referred to in section 46A(1) 2: The Minister may, without using a process referred to in subsection (1),— a: amend a national policy statement if the amendment is of minor effect or corrects a minor error: b: amend the NPS-UD in accordance with section 77S(2) 3: A change, revocation, or amendment 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 referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • give public notice of it (see section 2AB • publish it in whatever form the maker thinks appropriate • publish the Order in Council made under section 52(2) Gazette • comply with sections 52(3) 54(1) 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 (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • give public notice of it (see section 2AB • publish it in whatever form the maker thinks appropriate • comply with section 54(1) 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(1) amended 10 August 2005 section 34 Resource Management Amendment Act 2005 Section 53(2) replaced 21 December 2021 section 7 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 53(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 54: Publication of national policy statements 1: When a national policy statement is issued, changed, or revoked, the Minister must send a copy of the statement, change, or revocation to every local authority. 2: When a national policy statement is reviewed, the Minister must— a: publish the review in whatever form the Minister thinks appropriate; and b: send a copy of the review to every local authority; and c: give public notice of the review. Section 54 replaced 28 October 2021 section 3 Secondary Legislation Act 2021 55: Local authority recognition of national policy statements 1: In subsections (2) and (2A), document a: a regional policy statement; or b: a proposed regional policy statement; or c: a proposed plan; or d: a plan; or e: a variation. 2: A local authority must amend a document, if a national policy statement directs so,— a: to include specific objectives and policies set out in the statement; or b: so that objectives and policies specified in the document give effect to objectives and policies specified in the statement ; or c: if it is necessary to make the document consistent with any constraint or limit set out in the statement. 2A: The local authority must— a: make the amendments referred to in subsection (2) without using the process in Schedule 1 b: give public notice of the amendments within 5 working days after making them. 2B: The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document. 2C: The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1 2D: In all cases, the local authority must make the amendments— a: as soon as practicable; or b: within the time specified in the national policy statement (if any); or c: before the occurrence of an event specified in the national policy statement (if any). 3: A local authority must also take any other action that is directed by 4: Section 55 replaced 20 May 2003 section 23 Resource Management Amendment Act 2003 Section 55(1) replaced 10 August 2005 section 35 Resource Management Amendment Act 2005 Section 55(2) replaced 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2)(b) amended 19 April 2017 section 45(1) Resource Legislation Amendment Act 2017 Section 55(2)(c) inserted 19 April 2017 section 45(2) Resource Legislation Amendment Act 2017 Section 55(2A) replaced 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2B) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2C) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(2D) inserted 1 October 2009 section 53 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 55(3) amended 19 April 2017 section 45(3) Resource Legislation Amendment Act 2017 Section 55(4) repealed 19 April 2017 section 45(4) Resource Legislation Amendment Act 2017 New Zealand coastal policy statements 56: Purpose of New Zealand coastal policy statements The purpose of a New Zealand coastal policy statement is to state objectives and Section 56 amended 19 April 2017 section 46 Resource Legislation Amendment Act 2017 57: Preparation of New Zealand coastal policy statements 1: There shall at all times be at least 1 New Zealand coastal policy statement prepared, recommended, and issued using one of the processes referred to in section 46A(3) sections 46 to 52 2: Sections 53 54 55 3: For the status under the Legislation Act 2019 a: a New Zealand coastal policy statement, see section 52(4) b: a change or amendment to, or revocation of, a New Zealand coastal policy statement, see section 53(3) Section 57(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 57(1) amended 19 April 2017 section 47 Resource Legislation Amendment Act 2017 Section 57(1) amended 10 August 2005 section 36 Resource Management Amendment Act 2005 Section 57(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 58: Contents of New Zealand coastal policy statements 1: A New Zealand coastal policy statement may state objectives and a: national priorities for the preservation of the natural character of the coastal environment of New Zealand, including protection from inappropriate subdivision, use, and development: b: the protection of the characteristics of the coastal environment of special value to the tangata whenua including waahi tapu, tauranga waka, mahinga maataitai, and taonga raranga: c: activities involving the subdivision, use, or development of areas of the coastal environment: d: the Crown's interests e: the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities— i: have or are likely to have significant or irreversible adverse effects on the coastal marine area; or ii: relate to areas in the coastal marine area that have significant conservation value: f: the implementation of New Zealand's international obligations affecting the coastal environment: g: the procedures and methods to be used to review the policies and to monitor their effectiveness: ga: national priorities for maintaining and enhancing public access to and along the coastal marine area: gb: the protection of protected customary rights h: any other matter relating to the purpose of a New Zealand coastal policy statement. 2: A New Zealand coastal policy statement may also include any of the matters specified in section 45A(2) and (4) 3: A New Zealand coastal policy statement or any provisions of it may apply— a: generally within the coastal environment; or b: to any specified part of the coastal environment. Section 58(1) amended 10 August 2005 section 37 Resource Management Amendment Act 2005 Section 58(1)(d) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 58(1)(e) replaced 1 October 2009 section 54 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 58(1)(ga) inserted 25 November 2004 section 13 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 58(1)(gb) inserted 25 November 2004 section 13 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 58(1)(gb) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 58(2) inserted 19 April 2017 section 48 Resource Legislation Amendment Act 2017 Section 58(3) inserted 19 April 2017 section 48 Resource Legislation Amendment Act 2017 58A: Incorporation of material by reference in New Zealand coastal policy statements Section 58A repealed 19 April 2017 section 49 Resource Legislation Amendment Act 2017 National planning standards Heading inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58B: Purposes of national planning standards 1: The purposes of national planning standards are— a: to assist in achieving the purpose of this Act; and b: to set out requirements or other provisions relating to any aspect of the structure, format, or content of regional policy statements and plans to address any matter that the Minister considers— i: requires national consistency: ii: is required to support the implementation of a national environmental standard, a national policy statement, a New Zealand coastal policy statement, or regulations made under this Act: iii: is required to assist people to comply with the procedural principles set out in section 18A 2: In this section and sections 58C to 58K Section 58B inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58C: Scope and contents of national planning standards 1: National planning standards must— a: give effect to national policy statements; and b: be consistent with— i: national environmental standards; and ii: regulations made under this Act; and iii: water conservation orders. 2: National planning standards may specify— a: any of the matters specified in section 45A(2) and (4) b: objectives, policies, methods (including rules), and other provisions to be included in plans: c: objectives, policies, methods (but not rules), and other provisions to be included in regional policy statements: d: that a local authority must review, under section 128(1) 3: For the purpose of subsection (2)(b), national planning standards may include any rules that could be included in any plan under section 68 68A to 70A 76 77A to 77D 4: A national planning standard may also— a: specify the structure and form of regional policy statements and plans: b: direct local authorities— i: to use a particular structure and form for regional policy statements and plans: ii: to include specific provisions in their policy statements and plans: iii: to choose from a number of specific provisions to be included in their policy statements and plans: c: direct whether a national planning standard applies generally, to specific regions or districts, or to other parts of New Zealand: d: include time frames for local authorities to give effect to the whole or part of a national planning standard, including different time frames for different local authorities: e: specify where local provisions must or may be included in regional policy statements and plans: f: include requirements that relate to the electronic accessibility and functionality of policy statements and plans. 5: National planning standards may incorporate material by reference, and Schedule 1AA 6: National planning standards may, for ease of reference, set out (or incorporate by reference) provisions of a national policy statement, New Zealand coastal policy statement, or regulations (including a national environmental standard), but those provisions do not form part of a national planning standard for the purposes of any other provision of this Act or for any other purpose. Section 58C inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58D: Preparation of national planning standards 1: If the Minister decides to prepare a national planning standard, the Minister must prepare it in accordance with this section and sections 58E to 58K 2: In preparing or amending a national planning standard, the Minister may have regard to— a: whether it is desirable to have national consistency in relation to a resource management issue: b: whether the national planning standard supports the implementation of national environmental standards, national policy statements, a New Zealand coastal policy statement, or regulations made under this Act: c: whether the national planning standard should allow for local circumstances and, if so, to what extent: d: whether it is appropriate for the national planning standard to apply to a specified district, region, or other parts of New Zealand rather than nationally: e: any other matter that is relevant to the purpose of the national planning standard. 3: Before approving a national planning standard, the Minister must— a: prepare a draft national planning standard; and b: prepare an evaluation report in accordance with section 32 c: publicly notify the draft; and d: establish a process that— i: the Minister considers gives the public, local authorities, and iwi authorities adequate time and opportunity to make a submission on the draft; and ii: requires a report and recommendations to be made to the Minister on those submissions and the subject matter of the draft. Section 58D inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58E: Approval of national planning standard 1: Before approving a national planning standard, the Minister must— a: consider the report and recommendations made under section 58D(3)(d)(ii) b: carry out a further evaluation of the draft national planning standard in accordance with section 32AA 2: The Minister may— a: approve a national planning standard after changing the draft in the manner that the Minister thinks fit; or b: withdraw all or part of a draft national planning standard and give public notice of the withdrawal, including the reasons for the withdrawal. 3: National planning standards under this section are secondary legislation ( see Part 3 4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • give notice of its approval in the Gazette • give public notice of its approval (see section 2AB • comply with section 58F 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 58E inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58E(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58E(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 58F: Publication of national planning standards and other documents 1: The Minister must ensure that— a: b: all national planning standards are published together in an integrated format that will assist the implementation of the national planning standards; and c: copies of all national planning standards are provided to every local authority. 2: The Minister must publish all the national planning standards and the reports and any recommendations on them made to the Minister under section 58D(3)(d) Section 58F inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58F(1)(a) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 58G: First set of national planning standards 1: The Minister must ensure that a first set of national planning standards is approved not later than 2 years after the date on which this section comes into force. 2: The first set of national planning standards must include the following minimum requirements (the minimum requirements a: a structure and form for policy statements and plans, including references to relevant national policy statements, national environmental standards, and regulations made under this Act; and b: definitions; and c: requirements for the electronic functionality and accessibility of policy statements and plans. 3: The Minister must ensure that, at all times after the approval of the first set of national planning standards, the minimum requirements are included in a planning standard. Section 58G inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58H: Changing, replacing, or revoking national planning standards 1: The Minister may change or replace a national planning standard, following the process set out in sections 58D 58E 2: If a change to a national planning standard has not more than a minor effect or corrects errors or makes similar technical alterations, the Minister may make the change without following the process set out in sections 58D 58E 2A: The Minister may change the period for compliance specified in standards 17.2.a and 17.8.a of the National Planning Standards 2019 from 3 years to 5 years without following the process set out in sections 58D 58E Gazette section 58F(2) 3: The Minister may revoke a national planning standard in whole or in part, but must first give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation. 4: The revocation of the whole or part of a national planning standard does not have the effect of revoking any provision of a plan included at the direction of, or in reliance on, a revoked provision of the national planning standard. 5: A change to or revocation of a national planning standard 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 referred to in subsection (2) or (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) or (3) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • comply with section 58F(2) 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 • give notice of its approval in the Gazette • give public notice of its approval (see section 2AB • comply with section 58F 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 58H inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58H(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58H(2A) inserted 3 November 2021 clause 9 COVID-19 Response (Management Measures) Legislation Act 2021 Section 58H(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58H(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 58I: Local authority recognition of national planning standards 1: In this section and sections 58J 58K document a: a regional policy statement: b: a proposed regional policy statement: c: a proposed plan: d: a plan: e: a variation: f: a change. Mandatory directions 2: If a national planning standard so directs, a local authority must amend each of its documents— a: to include specific provisions in the documents; and b: to ensure that the document is consistent with any constraint or limit placed on the content of the document under section 58C(2)(a) to (c) 3: An amendment required by subsection (2) must— a: be made without using any of the processes set out in Schedule 1 b: be made within the time specified in the national planning standard or (in the absence of a specified time) within 1 year after the date on which the national planning standard is published under the Legislation Act 2019 c: amend the document to include the provisions as directed; and d: include any consequential amendments to any document as necessary to avoid duplication or conflict with the amendments; and e: be publicly notified not later than 5 working days after the amendments are made under paragraph (d). Discretionary directions 4: If a national planning standard directs a local authority to choose from a number of specific provisions in a national planning standard, the local authority must— a: choose an appropriate provision; and b: use one of the processes set out in Schedule 1 c: notify any amendment required under this section within the time specified in the national planning standard, using any of the processes provided for by Schedule 1 d: make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1 e: publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made. 5: A document is amended as from the date of the relevant public notice under subsection (3)(e) or (4)(c). 6: For the purpose of subsection (4)(a), a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard. Other changes that may be directed 7: A local authority must— a: make all other amendments to any document that are required to give effect to any provision in a national planning standard that affects the document, using one of the processes set out in Schedule 1 b: notify all amendments required under paragraph (a) not later than 1 year after the date on which the national planning standard is published under the Legislation Act 2019 8: A local authority must also take any other action that is directed by a national planning standard. 9: This section and section 58J Section 58I inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Section 58I(3)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58I(7)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 58J: Time frames applying under first set of national planning standards 1: In the case of the first set of national planning standards, if a process provided by Schedule 1 Gazette section 58K a: a different time is specified in the first set; or b: subsection (3) applies. 2: Subsection (3) applies if— a: a local authority has notified a proposed policy statement or plan before the first set of national planning standards is notified in the Gazette b: a process provided by Schedule 1 3: If this subsection applies, the local authority must make the amendments required— a: within the time specified in the national planning standard; or b: if no time is specified, not later than 5 years after the date on which the proposed policy statement or plan becomes operative. Section 58J inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 Publication of documents Heading inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 58K: Obligation to publish documents Not later than 1 year after the date on which the approval of the first set of national planning standards is notified in the Gazette Section 58K inserted 19 April 2017 section 50 Resource Legislation Amendment Act 2017 2: Mana Whakahono a Rohe: Iwi participation arrangements Subpart 2 inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58L: Definitions In this subpart and Schedule 1 area of interest initiating iwi authority section 58O(1) iwi participation legislation Schedule 3 Mana Whakahono a Rohe participating authorities section 58O(5) participating iwi authorities a: have agreed to participate in a Mana Whakahono a Rohe; and b: have agreed the order in which negotiations are to be conducted relevant iwi authority relevant local authority local authority Section 58L inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Section 58L relevant local authority amended 24 October 2019 section 127 Statutes Amendment Act 2019 Purpose and guiding principles Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58M: Purpose of Mana Whakahono a Rohe The purpose of a Mana Whakahono a Rohe is— a: to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and b: to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e) 7(a) 8 Section 58M inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58N: Guiding principles In initiating, developing, and implementing a Mana Whakahono a Rohe, the participating authorities must use their best endeavours— a: to achieve the purpose of the Mana Whakahono a Rohe in an enduring manner: b: to enhance the opportunities for collaboration amongst the participating authorities, including by promoting— i: the use of integrated processes: ii: co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono a Rohe: c: in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono a Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities: d: to work together in good faith and in a spirit of co-operation: e: to communicate with each other in an open, transparent, and honest manner: f: to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise: g: to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes: h: to recognise that a Mana Whakahono a Rohe under this subpart does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation. Section 58N inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Initiating Mana Whakahono a Rohe Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58O: Initiation of Mana Whakahono a Rohe Invitation from 1 or more iwi authorities 1: At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001 initiating iwi authorities Obligations of local authorities that receive invitation 2: As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities— a: may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and b: must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties 3: The hui or meeting required by subsection (2)(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise. 4: The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on— a: the process for negotiation of 1 or more Mana Whakahono a Rohe; and b: which parties are to be involved in the negotiations; and c: the times by which specified stages of the negotiations must be concluded. 5: The iwi authorities and local authorities that are able to agree at the hui or meeting how they will develop a Mana Whakahono a Rohe (the participating authorities 6: If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe. Other matters relevant to Mana Whakahono a Rohe 7: If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart. 8: The participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono a Rohe. 9: Nothing in this subpart prevents a local authority from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono a Rohe with, 1 or more iwi authorities. Section 58O inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58P: Other opportunities to initiate Mana Whakahono a Rohe Later initiation by iwi authority 1: An iwi authority that, at the time of receiving an invitation to a meeting or hui under section 58O(2)(b) Local Electoral Act 2001 2: If a Mana Whakahono a Rohe exists and another iwi authority in the same area as the initiating iwi wishes to initiate a Mana Whakahono a Rohe under section 58O(1) 3: The provisions of this subpart apply to any initiation under subsection (1). Initiation by local authority 4: A local authority may initiate a Mana Whakahono a Rohe with an iwi authority or with hapū. 5: The local authority and iwi authority or hapū concerned must agree on— a: the process to be adopted; and b: the time period within which the negotiations are to be concluded; and c: how the Mana Whakahono a Rohe is to be implemented after negotiations are concluded. 6: If 1 or more hapū are invited to enter a Mana Whakahono a Rohe under subsection (4), the provisions of this subpart apply as if the references to an iwi authority were references to 1 or more hapū, to the extent that the provisions relate to the contents of a Mana Whakahono a Rohe ( see sections 58M 58N 58R 58T 58U Section 58P inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58Q: Time frame for concluding Mana Whakahono a Rohe If an invitation is initiated under section 58O(1) a: 18 months after the date on which the invitation is received; or b: any other period agreed by all the participating authorities. Section 58Q inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Contents Heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58R: Contents of Mana Whakahono a Rohe 1: A Mana Whakahono a Rohe must— a: be recorded in writing; and b: identify the participating authorities; and c: record the agreement of the participating authorities about— i: how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification Schedule 1 ii: how the participating authorities will undertake consultation requirements, including the requirements of section 34A(1A) clause 4A iii: how the participating authorities will work together to develop and agree on methods for monitoring under this Act; and iv: how the participating authorities will give effect to the requirements of any relevant iwi participation legislation, or of any agreements associated with, or entered into under, that legislation; and v: a process for identifying and managing conflicts of interest; and vi: the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono a Rohe, including the matters described in subsection (2). 2: The dispute resolution process recorded under subsection (1)(c)(vi) must— a: set out the extent to which the outcome of a dispute resolution process may constitute an agreement— i: to alter or terminate a Mana Whakahono a Rohe ( see ii: iii: to complete the review of a local authority’s policies and processes (to ensure that they are consistent with a Mana Whakahono a Rohe) see section 58T(2) iv: jointly to review the effectiveness of a Mana Whakahono a Rohe at a later date ( see section 58T(3) v: to undertake any additional reporting ( see section 58T(5) b: require each of the participating authorities to bear its own costs for any dispute resolution process undertaken. 3: The dispute resolution process must not require a local authority to suspend commencing, continuing, or completing any process under the Act while the dispute resolution process is in contemplation or is in progress. 4: A Mana Whakahono a Rohe may also specify— a: how a local authority is to consult or notify an iwi authority on resource consent matters, where the Act provides for consultation or notification: b: the circumstances in which an iwi authority may be given limited notification as an affected party: c: any arrangement relating to other functions, duties, or powers under this Act: d: if there are 2 or more iwi authorities participating in a Mana Whakahono a Rohe, how those iwi authorities will work collectively together to participate with local authorities: e: whether a participating iwi authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act. 5: Unless the participating authorities agree,— a: the contents of a Mana Whakahono a Rohe must not be altered; and b: a Mana Whakahono a Rohe must not be terminated. 6: If 2 or more iwi authorities collectively have entered into a Mana Whakahono a Rohe with a local authority, any 1 of the iwi authorities, if seeking to amend the contents of the Mana Whakahono a Rohe, must negotiate with the local authority for that purpose rather than seek to enter into a new Mana Whakahono a Rohe. Section 58R inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Section 58R(1)(c)(i) amended 1 July 2020 section 16 Resource Management Amendment Act 2020 Section 58R(2)(a)(ii) repealed 24 October 2019 section 128(1) Statutes Amendment Act 2019 Section 58R(2)(a)(iii) amended 24 October 2019 section 128(2) Statutes Amendment Act 2019 58S: Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe 1: This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono a Rohe. 2: The participating authorities— a: may by agreement undertake a binding process of dispute resolution; but b: if they do not reach agreement on a binding process, must undertake a non-binding process of dispute resolution. 3: Whether the participating authorities choose a binding process or a non-binding process, each authority must— a: jointly appoint an arbitrator or a mediator; and b: meet its own costs of the process. 4: If the dispute remains unresolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister. 5: The Minister, with a view to assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono a Rohe, may— a: appoint, and meet the costs of, a Crown facilitator: b: direct the participating authorities to use a particular alternative dispute resolution process for that purpose. Section 58S inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58T: Review and monitoring 1: A local authority that enters into a Mana Whakahono a Rohe under this subpart must review its policies and processes to ensure that they are consistent with the Mana Whakahono a Rohe. 2: The review required by subsection (1) must be completed not later than 6 months after the date of the Mana Whakahono a Rohe, unless a later date is agreed by the participating authorities. 3: Every sixth anniversary after the date of a Mana Whakahono a Rohe, or at any other time by agreement, the participating authorities must jointly review the effectiveness of the Mana Whakahono a Rohe, having regard to the purpose of a Mana Whakahono a Rohe stated in section 58M section 58N 4: The obligations under this section are in addition to the obligations of a local authority under— a: section 27 b: section 35 5: Any additional reporting may be undertaken by agreement of the participating authorities. Section 58T inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 58U: Relationship with iwi participation legislation A Mana Whakahono a Rohe does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation. Section 58U inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 3: Local authority policy statements and plans Subpart 3 heading inserted 19 April 2017 section 51 Resource Legislation Amendment Act 2017 Regional policy statements 59: Purpose of regional policy statements The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region. 60: Preparation and change of regional policy statements 1: There shall at all times be for each region 1 regional policy statement prepared by the regional council in the manner set out in Schedule 1 2: A regional policy statement may be changed in the manner set out in Schedule 1 61: Matters to be considered by regional council (policy statements) 1: A regional council must prepare and change its regional policy statement in accordance with— a: its functions under section 30 b: the provisions of Part 2 c: its obligation (if any) to prepare an evaluation report in accordance with section 32 d: its obligation to have particular regard to an evaluation report prepared in accordance with section 32 da: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and e: any regulations. 2: In addition to the requirements of section 62(3) a: any— i: management plans and strategies prepared under other Acts; and ii: iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014 iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and iv: to the extent that their content has a bearing on resource management issues of the region; and b: the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils ; and c: the extent to which the regional policy statement needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 d: any emissions reduction plan made in accordance with section 5ZI e: any national adaptation plan made in accordance with section 5ZS 2A: When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region: a: the council must take into account any relevant planning document recognised by an iwi authority; and b: in relation to a planning document prepared by a customary marine title group under section 85 section 93 i: recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and ii: take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group. 3: In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition Section 61 heading amended 17 December 1997 section 11 Resource Management Amendment Act 1997 Section 61(1) replaced 3 December 2013 section 76 Resource Management Amendment Act 2013 Section 61(1)(da) inserted 19 April 2017 section 52(1) Resource Legislation Amendment Act 2017 Section 61(2) amended 19 April 2017 section 52(2) Resource Legislation Amendment Act 2017 Section 61(2)(a)(ii) repealed 1 August 2003 section 24(1) Resource Management Amendment Act 2003 Section 61(2)(a)(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 61(2)(a)(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 61(2)(a)(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 61(2)(a)(iv) repealed 1 August 2003 section 24(1) Resource Management Amendment Act 2003 Section 61(2)(b) amended 28 June 2013 section 176(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 61(2)(c) inserted 28 June 2013 section 176(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 61(2)(d) inserted 30 November 2022 section 17 Resource Management Amendment Act 2020 Section 61(2)(e) inserted 30 November 2022 section 17 Resource Management Amendment Act 2020 Section 61(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 61(3) inserted 17 December 1997 section 11 Resource Management Amendment Act 1997 Section 61(3) amended 1 October 2009 section 55 Resource Management (Simplifying and Streamlining) Amendment Act 2009 62: Contents of regional policy statements 1: A regional policy statement must state— a: the significant resource management issues for the region; and b: the resource management issues of significance to iwi authorities in the region; and c: the objectives sought to be achieved by the statement; and d: the policies for those issues and objectives and an explanation of those policies; and e: the methods (excluding rules) used, or to be used, to implement the policies; and f: the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement; and g: the environmental results anticipated from implementation of those policies and methods; and h: the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions; and i: the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land— i: to avoid or mitigate natural hazards or any group of hazards; and ii: iii: to maintain indigenous biological diversity; and j: the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and k: any other information required for the purpose of the regional council's functions, powers, and duties under this Act. 2: If no responsibilities are specified in the regional policy statement for functions described in subsection (1)(i)(i) or (ii), the regional council retains primary responsibility for the function in subsection (1)(i)(i) and the territorial authorities of the region retain primary responsibility for the function in subsection (1)(i)(ii). 3: A regional policy statement must not be inconsistent with any water conservation order and must give effect to a national policy statement , a New Zealand coastal policy statement, or a national planning standard Section 62 replaced 1 August 2003 section 25 Resource Management Amendment Act 2003 Section 62(1)(b) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 62(1)(i)(ii) repealed 19 April 2017 section 53(1) Resource Legislation Amendment Act 2017 Section 62(3) amended 19 April 2017 section 53(2) Resource Legislation Amendment Act 2017 Regional plans 63: Purpose of regional plans 1: The purpose of the preparation, implementation, and administration of regional plans is to assist a regional council to carry out any of its functions in order to achieve the purpose of this Act. 2: Without limiting subsection (1), the purpose of the preparation, implementation, and administration of regional coastal plans is to assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region. 64: Preparation and change of regional coastal plans 1: There shall at all times be, for all the coastal marine area of a region, 1 or more regional coastal plans prepared in the manner set out in Schedule 1 2: A regional coastal plan may form part of a regional plan where it is considered appropriate in order to promote the integrated management of a coastal marine area and any related part of the coastal environment. 3: Where a regional coastal plan forms part of a regional plan, the Minister of Conservation shall approve only that part which relates to the coastal marine area. 4: A regional coastal plan may be changed in the manner set out in Schedule 1 Section 64(1) replaced 7 July 1993 section 35 Resource Management Amendment Act 1993 Section 64(1) amended 1 October 2011 section 15 Resource Management Amendment Act (No 2) 2011 Section 64(4) amended 1 October 2011 section 15 Resource Management Amendment Act (No 2) 2011 64A: Imposition of coastal occupation charges 1: Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to— a: the extent to which public benefits from the coastal marine area are lost or gained; and b: the extent to which private benefit is obtained from the occupation of the coastal marine area,— whether or not a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area 2: Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan. 3: Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan— a: the circumstances when a coastal occupation charge will be imposed; and b: the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and c: the level of charges to be paid or the manner in which the charge will be determined; and d: in accordance with subsection (5), the way the money received will be used. 4: No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan. 4A: A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 5: Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area. Section 64A inserted 17 December 1997 section 12 Resource Management Amendment Act 1997 Section 64A(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 64A(4A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 65: Preparation and change of other regional plans 1: A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c), (ca), (e), (f), (fa), (fb), (g), or (ga) 1A: A regional council given a direction under section 25A(1) a: prepare a regional plan that implements the direction; or b: prepare a change to its regional plan in a way that implements the direction; or c: prepare a variation to its regional plan in a way that implements the direction. 2: A plan must be prepared in accordance with Schedule 1 3: Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise: a: any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict: b: any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance: c: any risks from natural hazards: d: any foreseeable demand for or on natural and physical resources: e: any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources: f: the restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration: g: the implementation of a national policy statement or New Zealand coastal policy statement: h: any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality: i: any other significant issue relating to any function of the regional council under this Act. 4: Any person may request a regional council to prepare or change a regional plan in the manner set out in Part 2 4A: A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA a: is also the administering body in which the recreation reserve land is vested; and b: agrees that the request and application may be made jointly. 5: A regional plan may be changed in the manner set out in the relevant Part of Schedule 1 6: A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if— a: the statement contains a provision to which the plan does not give effect; and b: one of the following occurs: i: the statement is reviewed under section 79 ii: the statement is reviewed under section 79 iii: the statement is changed or varied and becomes operative. 7: A regional council a: within the time specified in the statement, if a time is specified; or b: as soon as reasonably practicable, in any other case. Section 65(1) replaced 1 August 2003 section 26 Resource Management Amendment Act 2003 Section 65(1) amended 10 August 2005 section 39(1) Resource Management Amendment Act 2005 Section 65(1A) inserted 10 August 2005 section 39(2) Resource Management Amendment Act 2005 Section 65(2) replaced 1 August 2003 section 26 Resource Management Amendment Act 2003 Section 65(3)(c) replaced 19 April 2017 section 54(1) Resource Legislation Amendment Act 2017 Section 65(4) amended 19 April 2017 section 54(2) Resource Legislation Amendment Act 2017 Section 65(4A) inserted 19 April 2017 section 188(3) Resource Legislation Amendment Act 2017 Section 65(5) amended 19 April 2017 section 54(3) Resource Legislation Amendment Act 2017 Section 65(6) inserted 10 August 2005 section 39(3) Resource Management Amendment Act 2005 Section 65(7) inserted 10 August 2005 section 39(3) Resource Management Amendment Act 2005 Section 65(7) amended 19 April 2017 section 54(4) Resource Legislation Amendment Act 2017 66: Matters to be considered by regional council (plans) 1: A regional council must prepare and change any regional plan in accordance with— a: its functions under section 30 b: the provisions of Part 2 c: a direction given under section 25A(1) d: its obligation (if any) to prepare an evaluation report in accordance with section 32 e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32 ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and f: any regulations. 2: In addition to the requirements of section 67(3) and (4) a: any proposed regional policy statement in respect of the region; and b: the Crown's interests c: any— i: management plans and strategies prepared under other Acts; and ii: iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014 iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and iv: v: relevant project area and project objectives (as those terms are defined in section 9 section 98 to the extent that their content has a bearing on resource management issues of the region; and d: the extent to which the regional plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans, of adjacent regional councils ; and e: to the extent to which the regional plan needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 f: any emissions reduction plan made in accordance with section 5ZI g: any national adaptation plan made in accordance with section 5ZS 2A: When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region: a: the council must take into account any relevant planning document recognised by an iwi authority; and b: in relation to a planning document prepared by a customary marine title group under section 85 section 93 i: recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and ii: take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group. 3: In preparing or changing any regional plan, a regional council must not have regard to trade competition or the effects of trade competition Section 66 heading amended 17 December 1997 section 13 Resource Management Amendment Act 1997 Section 66(1) replaced 3 December 2013 section 77 Resource Management Amendment Act 2013 Section 66(1)(ea) inserted 19 April 2017 section 55 Resource Legislation Amendment Act 2017 Section 66(2) amended 10 August 2005 section 40(2) Resource Management Amendment Act 2005 Section 66(2)(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 66(2)(c)(ii) repealed 1 August 2003 section 27(1) Resource Management Amendment Act 2003 Section 66(2)(c)(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 66(2)(c)(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 66(2)(c)(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 66(2)(c)(iv) repealed 1 August 2003 section 27(1) Resource Management Amendment Act 2003 Section 66(2)(c)(v) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 66(2)(d) amended 28 June 2013 section 176(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 66(2)(e) inserted 28 June 2013 section 176(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 66(2)(f) inserted 30 November 2022 section 18 Resource Management Amendment Act 2020 Section 66(2)(g) inserted 30 November 2022 section 18 Resource Management Amendment Act 2020 Section 66(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 66(3) inserted 17 December 1997 section 13 Resource Management Amendment Act 1997 Section 66(3) amended 1 October 2009 section 56 Resource Management (Simplifying and Streamlining) Amendment Act 2009 67: Contents of regional plans 1: A regional plan must state— a: the objectives for the region; and b: the policies to implement the objectives; and c: the rules (if any) to implement the policies. 2: A regional plan may state— a: the issues that the plan seeks to address; and b: the methods, other than rules, for implementing the policies for the region; and c: the principal reasons for adopting the policies and methods; and d: the environmental results expected from the policies and methods; and e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and f: the processes for dealing with issues— i: that cross local authority boundaries; or ii: that arise between territorial authorities; or iii: that arise between regions; and g: the information to be included with an application for a resource consent; and h: any other information required for the purpose of the regional council's functions, powers, and duties under this Act. 3: A regional plan must give effect to— a: any national policy statement; and b: any New Zealand coastal policy statement; and ba: a national planning standard; and c: any regional policy statement. 4: A regional plan must not be inconsistent with— a: a water conservation order; or b: any other regional plan for the region; or c: 5: A regional plan must record how a regional council has allocated a natural resource under section 30(1)(fa) or (fb) and (4) 6: A regional plan may incorporate material by reference under Part 3 Section 67 replaced 10 August 2005 section 41 Resource Management Amendment Act 2005 Section 67(3)(ba) inserted 19 April 2017 section 56 Resource Legislation Amendment Act 2017 Section 67(4)(c) repealed 1 October 2011 section 16 Resource Management Amendment Act (No 2) 2011 68: Regional rules 1: A regional council may, for the purpose of— a: carrying out its functions under this Act (other than those described in paragraphs (a) and (b) of section 30(1) b: achieving the objectives and policies of the plan,— include rules in a regional plan 2: Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail. 2A: Rules may be made under this section for the protection of other property (as defined in section 7 3: In making a rule, the regional council shall have regard to the actual or potential effect on the environment of activities, including, in particular, any adverse effect 3A: 3B: 4: A a: has or is likely to have significant or irreversible adverse effects on a coastal marine area; or b: occurs or is likely to occur in an area having significant conservation value. 5: A rule may— a: apply throughout the region or a part of the region: b: make different provision for— i: different parts of the region; or ii: different classes of effects arising from an activity: c: apply all the time or for stated periods or seasons: d: be specific or general in its application: e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan. 6: 7: Where a regional plan includes a rule relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, the plan may state— a: whether the rule shall affect, under section 130 b: that the holders of resource consents may comply with the terms of the rule, or rules, in stages or over specified periods. 8: Where regulations have been made under section 360(1)(ha) a: give public notice of the fact that such regulations have been made or revoked or have ceased to apply, as the case may be, and in such detail as the council considers appropriate, generally describe the nature of any rules deemed to be included in the plan or proposed plan by those regulations; and b: ensure that a copy of any regulations deeming rules to be included in the plan or proposed plan is annexed to, and appropriate annotations are made in, every copy of that plan or proposed plan that is under the regional council's control. 9: Notwithstanding anything to the contrary in this section, no rule of a regional coastal plan shall authorise as a permitted activity any of the following activities to which section 15A a: the dumping in the coastal marine area of any waste or other matter from any ship, aircraft, or offshore installation: b: the dumping in the coastal marine area of any ship, aircraft, or offshore installation: c: the incineration in the coastal marine area of any waste or other matter in any marine incineration facility. 10: Subject to subsection (9), sections 69 70(2) 11: A a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or c: treats the land as not contaminated for purposes stated in the rule. Section 68(1) amended 1 August 2003 section 29(1) Resource Management Amendment Act 2003 Section 68(2A) replaced 31 March 2005 section 414 Building Act 2004 Section 68(3) amended 1 August 2003 section 29(2) Resource Management Amendment Act 2003 Section 68(3A) repealed 1 August 2003 section 29(3) Resource Management Amendment Act 2003 Section 68(3B) repealed 1 August 2003 section 29(3) Resource Management Amendment Act 2003 Section 68(4) amended 1 August 2003 section 29(4) Resource Management Amendment Act 2003 Section 68(5)(e) replaced 1 August 2003 section 29(5) Resource Management Amendment Act 2003 Section 68(6) repealed 17 December 1997 section 14 Resource Management Amendment Act 1997 Section 68(7) inserted 7 July 1993 section 37(4) Resource Management Amendment Act 1993 Section 68(8) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(9) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(10) inserted 20 August 1998 section 10 Resource Management Amendment Act 1994 Section 68(11) inserted 10 August 2005 section 42 Resource Management Amendment Act 2005 Section 68(11) amended 1 October 2009 section 57 Resource Management (Simplifying and Streamlining) Amendment Act 2009 68A: Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities 1: Despite section 68 section 17 2: If, immediately before the commencement of section 17 a: any person may act, or continue to act, in accordance with the rule until any alteration of the rule has legal effect; but b: a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 17 section 79 Part 1 Section 68A replaced 1 October 2011 section 17 Resource Management Amendment Act (No 2) 2011 69: Rules relating to water quality 1: Where a regional council— a: provides in a plan that certain waters are to be managed for any purpose described in respect of any of the classes specified in Schedule 3 b: includes rules in the plan about the quality of water in those waters,— the rules shall require the observance of the standards specified in that schedule in respect of the appropriate class or classes unless, in the council's opinion, those standards are not adequate or appropriate in respect of those waters in which case the rules may state standards that are more stringent or specific. 2: Where a regional council provides in a plan that certain waters are to be managed for any purpose for which the classes specified in Schedule 3 3: Subject to the need to allow for reasonable mixing of a discharged contaminant or water, a regional council shall not set standards in a plan which result, or may result, in a reduction of the quality of the water in any waters at the time of the public notification of the proposed plan unless it is consistent with the purpose of this Act to do so. 4: On and from the commencement of this subsection, Schedule 3 Section 69(4) inserted 19 April 2017 section 57 Resource Legislation Amendment Act 2017 70: Rules about discharges 1: Before a regional council includes in a regional plan a rule that allows as a permitted activity— a: a discharge of a contaminant or water into water; or b: a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water,— the regional council shall be satisfied that none of the following effects are likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants): c: the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials: d: any conspicuous change in the colour or visual clarity: e: any emission of objectionable odour: f: the rendering of fresh water unsuitable for consumption by farm animals: g: any significant adverse effects on aquatic life. 2: Before a regional council includes in a regional plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the regional council shall be satisfied that, having regard to— a: the nature of the discharge and the receiving environment; and b: other alternatives, including a rule requiring the observance of minimum standards of quality of the environment,— the inclusion of that rule in the plan is the most efficient and effective means of preventing or minimising those adverse effects on the environment. Rules relating to discharge of greenhouse gases Heading repealed 30 November 2022 section 20 Resource Management Amendment Act 2020 70A: Application to climate change of rules relating to discharge of greenhouse gases Section 70A repealed 30 November 2022 section 19 Resource Management Amendment Act 2020 70B: Implementation of national environmental standards Section 70B repealed 30 November 2022 section 20 Resource Management Amendment Act 2020 71: Rules about esplanade reserves on reclamation Section 71 repealed 7 July 1993 section 38 Resource Management Amendment Act 1993 District plans 72: Purpose of district plans The purpose of the preparation, implementation, and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of this Act. 73: Preparation and change of district plans 1: There must at all times be 1 district plan for each district, prepared in the manner set out in the relevant Part of Schedule 1 1A: A district plan may be changed in the manner set out in the relevant Part of Schedule 1 1B: A territorial authority given a direction under section 25A(2) 2: Any person may request a territorial authority to change a district plan, and the plan may be changed in the manner set out in Part 2 5 2A: A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA a: is also the administering body in which the recreation reserve land is vested; and b: agrees that the request and application may be made jointly. 3: A district plan may be prepared in territorial sections. 4: A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if— a: the statement contains a provision to which the plan does not give effect; and b: one of the following occurs: i: the statement is reviewed under section 79 ii: the statement is reviewed under section 79 iii: the statement is changed or varied and becomes operative. 5: A local authority must comply with subsection (4)— a: within the time specified in the statement, if a time is specified; or b: as soon as reasonably practicable, in any other case. Section 73(1) replaced 19 April 2017 section 58(1) Resource Legislation Amendment Act 2017 Section 73(1A) replaced 19 April 2017 section 58(2) Resource Legislation Amendment Act 2017 Section 73(1B) inserted 10 August 2005 section 44(1) Resource Management Amendment Act 2005 Section 73(2) amended 19 April 2017 section 58(3) Resource Legislation Amendment Act 2017 Section 73(2A) inserted 19 April 2017 section 188(4) Resource Legislation Amendment Act 2017 Section 73(4) inserted 10 August 2005 section 44(2) Resource Management Amendment Act 2005 Section 73(5) inserted 10 August 2005 section 44(2) Resource Management Amendment Act 2005 74: Matters to be considered by territorial authority 1: A territorial authority must prepare and change its district plan in accordance with— a: its functions under section 31 b: the provisions of Part 2 c: a direction given under section 25A(2) d: its obligation (if any) to prepare an evaluation report in accordance with section 32 e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32 ea: a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and f: any regulations. 2: In addition to the requirements of section 75(3) and (4) a: any— i: proposed regional policy statement; or ii: proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4 b: any— i: management plans and strategies prepared under other Acts; and ii: iia: relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014 iii: regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and iv: relevant project area and project objectives (as those terms are defined in section 9 section 98 to the extent that their content has a bearing on resource management issues of the district; and c: the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities; and d: any emissions reduction plan made in accordance with section 5ZI e: any national adaptation plan made in accordance with section 5ZS 2A: A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district. 3: In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition Section 74(1) replaced 3 December 2013 section 78 Resource Management Amendment Act 2013 Section 74(1)(ea) inserted 19 April 2017 section 59 Resource Legislation Amendment Act 2017 Section 74(2) amended 10 August 2005 section 45(2) Resource Management Amendment Act 2005 Section 74(2)(a) replaced 17 December 1997 section 15(1) Resource Management Amendment Act 1997 Section 74(2)(b)(ii) repealed 1 August 2003 section 31(1) Resource Management Amendment Act 2003 Section 74(2)(b)(iia) inserted 1 July 1993 section 118(2) Historic Places Act 1993 Section 74(2)(b)(iia) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 74(2)(b)(iii) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 74(2)(b)(iv) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 74(2)(d) inserted 30 November 2022 section 21 Resource Management Amendment Act 2020 Section 74(2)(e) inserted 30 November 2022 section 21 Resource Management Amendment Act 2020 Section 74(2A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 74(3) inserted 17 December 1997 section 15(2) Resource Management Amendment Act 1997 Section 74(3) amended 1 October 2009 section 58 Resource Management (Simplifying and Streamlining) Amendment Act 2009 75: Contents of district plans 1: A district plan must state— a: the objectives for the district; and b: the policies to implement the objectives; and c: the rules (if any) to implement the policies. 2: A district plan may state— a: the significant resource management issues for the district; and b: the methods, other than rules, for implementing the policies for the district; and c: the principal reasons for adopting the policies and methods; and d: the environmental results expected from the policies and methods; and e: the procedures for monitoring the efficiency and effectiveness of the policies and methods; and f: the processes for dealing with issues that cross territorial authority boundaries; and g: the information to be included with an application for a resource consent; and h: any other information required for the purpose of the territorial authority's functions, powers, and duties under this Act. 3: A district plan must give effect to— a: any national policy statement; and b: any New Zealand coastal policy statement; and ba: a national planning standard; and c: any regional policy statement. 4: A district plan must not be inconsistent with— a: a water conservation order; or b: a regional plan for any matter specified in section 30(1) 5: A district plan may incorporate material by reference under Part 3 Section 75 replaced 10 August 2005 section 46 Resource Management Amendment Act 2005 Section 75(3)(ba) inserted 19 April 2017 section 60 Resource Legislation Amendment Act 2017 76: District rules 1: A territorial authority may, for the purpose of— a: carrying out its functions under this Act; and b: achieving the objectives and policies of the plan,— include rules in a district plan 2: Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail. 2A: Rules may be made under this section, for the protection of other property (as defined in section 7 3: In making a rule, the territorial authority shall have regard to the actual or potential effect on the environment of activities including, in particular, any adverse effect 3A: 3B: 4: A rule may— a: apply throughout a district or a part of a district: b: make different provision for— i: different parts of the district; or ii: different classes of effects arising from an activity: c: apply all the time or for stated periods or seasons: d: be specific or general in its application: e: require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan. 4A: A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,— a: the tree or trees are described; and b: the allotment is specifically identified by street address or legal description of the land, or both. 4B: A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if— a: the allotments are adjacent to each other; and b: the trees on the allotments together form a group of trees; and c: in a schedule to the plan,— i: the group of trees is described; and ii: the allotments are specifically identified by street address or legal description of the land, or both. 4C: In subsections (4A) and (4B),— group of trees urban environment allotment allotment section 218 a: that is no greater than 4 000 m 2 b: that is connected to a reticulated water supply system and a reticulated sewerage system; and c: on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and d: that is not reserve (within the meaning of section 2(1) Conservation Act 1987 Reserves Act 1977 4D: To avoid doubt, subsections (4A) and (4B) apply— a: regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and b: regardless of whether the allotment or allotments are also clad with bush or other vegetation. 5: A a: provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or b: provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or c: treats the land as not contaminated for purposes stated in the rule. Section 76(1) amended 1 August 2003 section 33(1) Resource Management Amendment Act 2003 Section 76(2A) replaced 31 March 2005 section 414 Building Act 2004 Section 76(3) amended 1 August 2003 section 33(2) Resource Management Amendment Act 2003 Section 76(3A) repealed 1 August 2003 section 33(3) Resource Management Amendment Act 2003 Section 76(3B) repealed 1 August 2003 section 33(3) Resource Management Amendment Act 2003 Section 76(4)(e) replaced 1 August 2003 section 33(4) Resource Management Amendment Act 2003 Section 76(4A) replaced 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4B) replaced 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4C) inserted 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(4D) inserted 4 September 2013 section 12 Resource Management Amendment Act 2013 Section 76(5) inserted 10 August 2005 section 47 Resource Management Amendment Act 2005 Section 76(5) amended 1 October 2009 section 59(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 77: Rules about esplanade reserves on subdivision and road stopping 1: Subject to Part 2 section 229 a: that an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 metres: b: that section 230 c: that instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under section 232 2: A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 hectares or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under section 230(5) 3: A territorial authority may include in its district plan a rule which provides— a: that esplanade reserves, required to be set aside under section 345(3) b: that section 345(3) 4: Rules made under this section shall make provision for such matters a: generally; or b: in a particular locality; or c: in particular circumstances. Section 77 replaced 7 July 1993 section 41 Resource Management Amendment Act 1993 Section 77(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Additional provisions for regional rules and district rules 77A: Power to make rules to apply to classes of activities and specify conditions 1: A local authority may— a: categorise activities as belonging to one of the classes of activity described in subsection (2); and b: make rules in its plan or proposed plan for each class of activity that apply— i: to each activity within the class; and ii: for the purposes of that plan or proposed plan; and c: specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 220 2: An activity may be— a: a permitted activity; or b: a controlled activity; or c: a restricted discretionary activity; or d: a discretionary activity; or e: a non-complying activity; or f: a prohibited activity. 3: Subsection (1)(b) is subject to section 77B Section 77A replaced 1 October 2009 section 60 Resource Management (Simplifying and Streamlining) Amendment Act 2009 77B: Duty to include certain rules in relation to controlled or restricted discretionary activities 1: Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity. 2: The local authority must specify in the rule the matters over which it has reserved control in relation to the activity. 3: Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity. 4: The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity. Section 77B replaced 1 October 2009 section 60 Resource Management (Simplifying and Streamlining) Amendment Act 2009 77C: Certain activities to be treated as discretionary activities or prohibited activities Section 77C repealed 1 October 2009 section 61 Resource Management (Simplifying and Streamlining) Amendment Act 2009 77D: Rules specifying activities for which consent applications must be notified or are precluded from being notified A local authority may make a rule specifying the activities for which the consent authority— a: must give public notification of an application for a resource consent: b: is precluded from giving public notification of an application for a resource consent: c: is precluded from giving limited notification of an application for a resource consent. Section 77D replaced 1 October 2009 section 62 Resource Management (Simplifying and Streamlining) Amendment Act 2009 77E: Local authority may make rule about financial contributions 1: A local authority may make a rule requiring a financial contribution for any class of activity other than a prohibited activity. 2: A rule requiring a financial contribution must specify in the relevant plan or proposed plan— a: the purpose for which the financial contribution is required (which may include the purpose of ensuring positive effects on the environment to offset any adverse effect); and b: how the level of the financial contribution will be determined; and c: when the financial contribution will be required. 3: To avoid doubt, if a rule requiring a financial contribution is incorporated into a specified territorial authority’s district plan under section 77G section 86B 4: In this section and section 77T financial contribution section 108(9) Section 77E inserted 21 December 2021 section 8 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Interpretation of sections 77F to 77T and Schedule 3A Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77F: Interpretation In this section, sections 77G to 77T Schedule 3A national planning standards urban environment a: is, or is intended by the specified territorial authority to be, predominantly urban in character; and b: is, or is intended by the specified territorial authority to be, part of a housing and labour market of at least 10,000 people urban non-residential zone Section 77F inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification requirements in residential zones Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77G: Duty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones 1: Every relevant residential zone of a specified territorial authority must have the MDRS incorporated into that zone. 2: Every residential zone in an urban environment of a specified territorial authority must give effect to policy 3 or policy 5, as the case requires, in that zone. 3: When changing its district plan for the first time to incorporate the MDRS and to give effect to policy 3 or policy 5, as the case requires, and to meet its obligations in section 80F 4: In carrying out its functions under this section, a specified territorial authority may create new residential zones or amend existing residential zones. 5: A specified territorial authority— a: must include the objectives and policies set out in clause 6 b: may include objectives and policies in addition to those set out in clause 6 i: provide for matters of discretion to support the MDRS; and ii: link to the incorporated density standards to reflect how the territorial authority has chosen to modify the MDRS in accordance with section 77H 6: A specified territorial authority may make the requirements set out in Schedule 3A section 77I 7: To avoid doubt, existing provisions in a district plan that allow the same or a greater level of development than the MDRS do not need to be amended or removed from the district plan. 8: The requirement in subsection (1) to incorporate the MDRS into a relevant residential zone applies irrespective of any inconsistent objective or policy in a regional policy statement. Section 77G inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77H: Requirements in Schedule 3A may be modified to enable greater development 1: In addition to giving effect to policy 3 or policy 5, a specified territorial authority may enable a greater level of development than provided for by the MDRS by— a: omitting 1 or more of the density standards set out in Part 2 b: including rules that regulate the same effect as a density standard set out in Part 2 2: To avoid doubt, more lenient 3: A specified territorial authority is considered to have met its obligations under section 77G(1) 4: A specified territorial authority may choose not to incorporate 1 or more density standards set out in Part 2 5: To avoid doubt, if a density standard is incorporated into a specified territorial authority’s district plan under subsection (1), the density standard does not have immediate legal effect under section 86B Section 77H inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77I: Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones A specified territorial authority may make the MDRS and the relevant building height or density requirements under policy 3 less enabling of development in relation to an area within a relevant residential zone only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present: a: a matter of national importance that decision makers are required to recognise and provide for under section 6 b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010: c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River: d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 Waitakere Ranges Heritage Area Act 2008 e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure: f: open space provided for public use, but only in relation to land that is open space: g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order: h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation: i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand: j: any other matter that makes higher density, as provided for by the MDRS or policy 3, inappropriate in an area, but only if section 77L Section 77I inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77J: Requirements in relation to evaluation report 1: This section applies if a territorial authority is amending its district plan (as provided for in section 77G 2: The evaluation report from the specified territorial authority referred to in section 32 3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,— a: demonstrate why the territorial authority considers— i: that the area is subject to a qualifying matter; and ii: that the qualifying matter is incompatible with the level of development permitted by the MDRS (as specified in Schedule 3A b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and c: assess the costs and broader impacts of imposing those limits. 4: The evaluation report must include, in relation to the provisions implementing the MDRS,— a: a description of how the provisions of the district plan allow the same or a greater level of development than the MDRS: b: a description of how modifications to the MDRS as applied to the relevant residential zones are limited to only those modifications necessary to accommodate qualifying matters and, in particular, how they apply to any spatial layers relating to overlays, precincts, specific controls, and development areas, including— i: any operative district plan spatial layers; and ii: any new spatial layers proposed for the district plan. 5: The requirements set out in subsection (3)(a) apply only in the area for which the territorial authority is proposing to make an allowance for a qualifying matter. 6: The evaluation report may for the purposes of subsection (4) describe any modifications to the requirements of section 32 Section 77J inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77K: Alternative process for existing qualifying matters 1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77J a: identify by location (for example, by mapping) where an existing qualifying matter applies: b: specify the alternative density standards proposed for those areas identified under paragraph (a): c: identify in the report prepared under section 32 d: describe in general terms for a typical site in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been permitted by the MDRS and policy 3: e: notify the existing qualifying matters in the IPI. 2: To avoid doubt, existing qualifying matters included in the IPI— a: do not have immediate legal effect on notification of the IPI; but b: continue to have effect as part of the operative plan. 3: In this section, an existing qualifying matter section 77I(a) to (i) Section 77K inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77L: Further requirement about application of section 77I(j) A matter is not a qualifying matter under section 77I(j) section 32 a: identifies the specific characteristic that makes the level of development provided by the MDRS (as specified in Schedule 3A b: justifies why that characteristic makes that level of development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and c: includes a site-specific analysis that— i: identifies the site to which the matter relates; and ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and iii: evaluates an appropriate range of options to achieve the greatest heights and densities permitted by the MDRS (as specified in Schedule 3A Section 77L inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77M: Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations 1: This section applies in relation to the consideration by a consent authority of an application made under section 88 new application a: for an activity to which the MDRS are proposed to apply in an area in a relevant residential zone; and b: that is lodged on or after the date on which a specified territorial authority notifies its IPI incorporating the MDRS in its district plan in accordance with section 80F(1) or (2) 2: The consent authority considering the new application must consider the plan or proposed plan and apply section 104(1)(b)(vi) a: the provisions of the district plan or any proposed district plan (other than the IPI) cease to have effect in relation to the consideration of the new application; and b: the objectives and policies set out in clause 6 section 77G(5)(a) 3: Subsection (2)(a) applies to the extent that the provisions referred to are inconsistent with the objectives and policies— a: set out in clause 6 b: proposed in the IPI to be included in the district plan in accordance with section 77G(5)(a) 4: This section does not apply in relation to any area or site that— a: is a qualifying matter area (within the meaning of section 86BA(7) b: is in a new residential zone notified in the IPI. 5: Subsection (6) applies if a designation for which the Minister of Education is the requiring authority— a: is included in the specified territorial authority’s district plan; and b: the designation applies to land that— i: is in a relevant residential zone; or ii: adjoins a relevant residential zone. 6: Works undertaken under a designation of the kind referred to in subsection (5) may rely on the provisions of the relevant residential zone that incorporate the density standards in Part 2 7: Any objectives or policies of a regional policy statement or proposed regional policy statement do not apply to the consent authority’s consideration of the new application to the extent that they are inconsistent with the objectives and policies in clause 6 8: This section does not affect the operation of subpart 7 9: To avoid doubt, the MDRS are irrelevant to the consideration of a new application unless and until the MDRS are notified in the relevant IPI. Section 77M inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification requirements in non-residential zones Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77N: Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones 1: When changing its district plan for the first time to give effect to policy 3 or policy 5, and to meet its obligations under section 80F 2: In carrying out its functions under subsection (1), the territorial authority must ensure that the provisions in its district plan for each urban non-residential zone within the authority’s urban environment give effect to the changes required by policy 3 or policy 5, as the case requires. 3: In carrying out its functions under subsection (1), a specified territorial authority— a: may create new urban non-residential zones or amend existing urban non-residential zones: b: may modify the requirements set out in policy 3 to be less enabling of development than provided for by policy 3, if authorised to do so under section 77O Section 77N inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77O: Qualifying matters in application of intensification policies to urban non-residential areas A specified territorial authority may modify the requirements of policy 3 in an urban non-residential zone to be less enabling of development than provided in those policies only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present: a: a matter of national importance that decision makers are required to recognise and provide for under section 6 b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010: c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River: d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 Waitakere Ranges Heritage Area Act 2008 e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure: f: open space provided for public use, but only in relation to land that is open space: g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order: h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation: i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand: j: any other matter that makes higher density development as provided for by policy 3, as the case requires, inappropriate in an area, but only if section 77R Section 77O inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77P: Requirements governing application of section 77O 1: This section applies if a specified territorial authority is amending its district plan (as required by section 77N 2: The evaluation report from the specified territorial authority referred to in section 32 3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,— a: in the area for which the territorial authority is proposing to make an allowance for a qualifying matter, demonstrate why the territorial authority considers— i: that the area is subject to a qualifying matter; and ii: that the qualifying matter is incompatible with the level of development provided for by policy 3 for that area; and b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and c: assess the costs and broader impacts of imposing those limits. Section 77P inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77Q: Alternative process for existing qualifying matters 1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77P a: identify by location (for example, by mapping) where an existing qualifying matter applies: b: specify the alternative density standards proposed for the area or areas identified under paragraph (a): c: identify in the report prepared under section 32 d: describe in general terms for typical sites in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been enabled by policy 3: e: notify the existing qualifying matters in the IPI. 2: To avoid doubt, existing qualifying matters included in the IPI— a: do not have immediate legal effect on notification of the IPI; but b: continue to have effect as part of the operative plan. 3: In this section, an existing qualifying matter section 77O(a) to (i) Section 77Q inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77R: Further requirements about application of section 77O(j) A matter is not a qualifying matter under section 77O(j) section 32 a: identifies the specific characteristic that makes the level of urban development required within the relevant paragraph of policy 3 inappropriate; and b: justifies why that characteristic makes that level of urban development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and c: includes a site-specific analysis that— i: identifies the site to which the matter relates; and ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and iii: evaluates an appropriate range of options to achieve the greatest heights and densities provided for by policy 3 while managing the specific characteristics. Section 77R inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Amendment of NPS-UD Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77S: Amendment of NPS-UD 1: Policy 3 in the NPS-UD is amended by,— a: in paragraph (c), after “building heights of”, inserting “at”; and b: replacing paragraph (d) with: “(d): within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activity and community services.” 2: The Minister for the Environment, after consulting the Minister of Housing, may amend the NPS-UD to make any changes that the Minister for the Environment is satisfied are required as a result of the enactment of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 a: remove an inconsistency or a potential inconsistency between the NPS-UD and that Act; or b: amend or replace the definition of planning decision in the NPS-UD; or c: otherwise clarify the interrelationship between the NPS-UD and that Act. Section 77S inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Financial contributions Heading inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 77T: Review of financial contributions provisions Each specified territorial authority may, if it considers it appropriate to do so, include financial contributions provisions, or change its financial contributions provisions (as applicable) in the district plan, and, if it does so, may notify them in the IPI required to be notified in accordance with section 80F Section 77T inserted 21 December 2021 section 9 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Miscellaneous provisions Heading repealed 19 April 2017 section 61 Resource Legislation Amendment Act 2017 78: Withdrawal of proposed policy statements and plans Section 78 repealed 7 July 1993 section 42 Resource Management Amendment Act 1993 78A: Combined regional and district documents Section 78A repealed 1 October 2009 section 63 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Review Heading inserted 19 April 2017 section 62 Resource Legislation Amendment Act 2017 79: Review of policy statements and plans 1: A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years: a: a regional policy statement: b: a regional plan: c: a district plan. 2: If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Parts 1 4 5 3: If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision— a: as if it were a change; and b: in the manner set out in Parts 1 4 5 4: Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has: a: a regional policy statement: b: a regional plan: c: a district plan. 5: In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative. 6: If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Parts 1 4 5 7: If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan— a: as if it were a proposed policy statement or plan; and b: in the manner set out in Parts 1 4 5 8: A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section. 9: The obligations on a local authority under this section are in addition to its duty to monitor under section 35 Section 79 replaced 1 October 2009 section 64 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 79(2) amended 19 April 2017 section 63(1) Resource Legislation Amendment Act 2017 Section 79(3)(b) amended 19 April 2017 section 63(2) Resource Legislation Amendment Act 2017 Section 79(6) amended 19 April 2017 section 63(3) Resource Legislation Amendment Act 2017 Section 79(7)(b) amended 19 April 2017 section 63(4) Resource Legislation Amendment Act 2017 79AA: Application of temporary provisions in respect of section 79 1: The temporary provisions set out in subsections (2) and (3) apply instead of section 79(1) a: beginning on the commencement date; and b: ending with the close of 30 September 2024. 2: A local authority may commence a review of a provision of any of the following documents it has: a: a regional policy statement: b: a regional plan: c: a district plan. 3: However, any review of a provision that would have taken place under section 79(1) 4: In this section, commencement date Schedule 3 5: This section is repealed on 1 October 2024. 2024-10-01 Resource Management Act 1991 Section 79AA repealed Section 79AA inserted 3 November 2021 clause 10 COVID-19 Response (Management Measures) Legislation Act 2021 79A: Circumstance when further review required Section 79A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 79B: Consequence of review under section 79A Section 79B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Combined documents Heading inserted 19 April 2017 section 64 Resource Legislation Amendment Act 2017 80: Combined regional and district documents 1: Local authorities may prepare, implement, and administer the combined regional and district documents as set out in subsections (2) to (6). 2: A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following: a: a regional policy statement: b: a regional plan, including a regional coastal plan: c: a district plan. 3: Two or more territorial authorities may prepare, implement, and administer a combined district plan for the whole or any part of their combined districts. 4: Two or more regional councils may prepare, implement, and administer a document that meets the requirements of the following: a: a regional plan, including a regional coastal plan, for the whole or any part of their combined regions: b: a regional policy statement, for the whole or any part of their combined regions: c: a regional plan, including a regional coastal plan, and a regional policy statement, for the whole or any part of their combined regions. 5: One or more regional councils or territorial authorities may prepare, implement, and administer a combined regional and district plan for the whole or any part of their respective regions or districts. 6: A regional council and all the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following: a: a regional policy statement for the region; and b: a regional plan, including a regional coastal plan, for the region; and c: either— i: a district plan for each of the territorial authorities; or ii: a combined district plan for their combined districts. 6A: In preparing or amending a combined document, the relevant local authorities must apply the requirements of this Part, as relevant for the documents comprising the combined document. 6B: The relevant local authorities may also, in preparing the provisions of a regional plan or a district plan, as the case may be, for a combined document that includes a regional policy statement,— a: give effect to a proposed regional policy statement; and b: have regard to an operative regional policy statement. 7: Without limiting subsections (1) to (6B) 8: A combined document prepared under this section must clearly identify— a: the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and b: the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement; and c: which local authority is responsible for observing, and enforcing the observance of, each provision of the document. 9: A combined document prepared under this section— a: must be prepared in accordance with Schedule 1 b: when approved by a local authority is deemed, for the purposes of this Act, to be a plan or regional policy statement separately prepared and approved by that authority for its region or district, as the case may be. 10: Subsection (9)(b) applies whether or not the combined document is approved by any of the other local authorities concerned. 11: Clauses 30 30A Section 80 replaced 1 October 2009 section 66 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 80(6A) inserted 19 April 2017 section 65(1) Resource Legislation Amendment Act 2017 Section 80(6B) inserted 19 April 2017 section 65(1) Resource Legislation Amendment Act 2017 Section 80(7) amended 19 April 2017 section 65(2) Resource Legislation Amendment Act 2017 Section 80(11) amended 8 August 2014 section 78 Local Government Act 2002 Amendment Act 2014 4: Freshwater planning process Subpart 4 replaced 1 July 2020 section 22 Resource Management Amendment Act 2020 80A: Freshwater planning process 1: The purpose of this subpart is to require all freshwater planning instruments prepared by a regional council to undergo the freshwater planning process. 2: A freshwater planning instrument a: a proposed regional plan or regional policy statement for the purpose of giving effect to any national policy statement for freshwater management: b: a proposed regional plan or regional policy statement that relates to freshwater (other than for the purpose described in paragraph (a)): c: a change or variation to a proposed regional plan or regional policy statement if the change or variation— i: is for the purpose described in paragraph (a); or ii: otherwise relates to freshwater. 3: A regional council must prepare a freshwater planning instrument in accordance with this subpart and Part 4 a: prepare that part in accordance with this subpart and Part 4 b: prepare the parts that do not relate to freshwater in accordance with Part 1 subpart 5 4: A regional council must— a: publicly notify the freshwater planning instrument; and b: if the purpose of the freshwater planning instrument is to give effect to the National Policy Statement for Freshwater Management 2020, publicly notify the freshwater planning instrument by 31 December 2024; and c: no later than 6 months after it has publicly notified the freshwater planning instrument, submit the documents required by clause 37(1) required documents d: at least 20 working days before submitting the required documents, provide to the Chief Freshwater Commissioner in writing— i: its notice of intention to submit those documents; and ii: the regional council and local tangata whenua nominations for appointment to the freshwater hearings panel required by clause 59(1)(b) and (c) 5: The following is an outline of the rest of the freshwater planning process set out in Part 4 a: the Chief Freshwater Commissioner must convene a freshwater hearings panel to conduct the public hearing of submissions on the freshwater planning instrument: b: the freshwater hearings panel must conduct the public hearing of submissions in accordance with its powers and the procedures set out in Part 4 c: after the public hearing of submissions is concluded, the freshwater hearings panel must make recommendations to the regional council on the freshwater planning instrument: d: the regional council may accept or reject any recommendation. However,— i: the regional council must provide reasons for rejecting a recommendation; and ii: a person who made a submission on the freshwater planning instrument may make an appeal in accordance with subpart 2 of Part 4 of Schedule 1 6: For the purpose of this subpart the following provisions of Schedule 1 a: clauses 1(3) 1A 1B 2(1) 3 to 3C 4A 5 6 7(1) and (2) 8 8A 8D b: clauses 16 16A 16B 17 20 20A c: if a request is made by a person under clause 21(1) Part 2 7: This section does not affect the Minister’s ability to call in a matter that the Minister considers is or is part of a proposal of national significance under section 142 8: In subsection (2), a proposed regional plan does not include a proposed regional coastal plan or a change or variation to that plan. 9: Section 37(1)(a) Part 4 10: In subsection (4), publicly notify clause 5 11: Subsection (5) is by way of explanation only and does not limit or affect the other provisions of this Act. Section 80A replaced 1 July 2020 section 22 Resource Management Amendment Act 2020 5: Streamlined planning process Subpart 5 inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017 80B: Purpose, scope, application of Schedule 1, and definitions 1: This subpart and Part 5 2: Under this subpart, Schedule 1 a: clauses 1A to 3C 6 6A 16 20A b: clauses 4 9 13 21 to 27 clauses 25(2)(a)(i) and (ii) 26(b) 28(2) to (6) c: the rest of Part 1 i: this subpart; or ii: Part 5 iii: a direction given under clause 78 3: In this subpart and Part 5 national direction a: a national planning standard; or b: a national environmental standard; or c: regulations made under section 360 d: a national policy statement planning instrument a: means a policy statement or plan; and b: includes a change or variation to a policy statement or plan responsible Minister Part 5 a: the Minister of Conservation, in the case of a regional coastal plan: b: both the Minister and the Minister of Conservation, in the case of a proposed planning instrument that is to encompass matters within the jurisdiction of both those Ministers: c: the Minister, in every other case. Section 80B inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017 80C: Application to responsible Minister for direction 1: If a local authority determines that, in the circumstances, it would be appropriate to use the streamlined planning process to prepare a planning instrument, it may apply in writing to the responsible Minister in accordance with clause 75 2: However, a local authority may apply for a direction only if the planning instrument or proposed planning instrument is not a freshwater planning instrument and a: the proposed planning instrument will implement a national direction: b: as a matter of public policy, the preparation of a planning instrument is urgent: c: the proposed planning instrument is required to meet a significant community need: d: a plan or policy statement raises an issue that has resulted in unintended consequences: e: the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80 f: the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (e). 3: In relation to a private plan change accepted under clause 25(2)(b) 4: If an application is made under this section, it must be submitted to the responsible Minister before the local authority gives notice— a: under clause 5 5A b: c: under clauses 25(2)(a)(i) 26(b) Section 80C inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017 Section 80C(2) amended 1 July 2020 section 23(1) Resource Management Amendment Act 2020 Section 80C(4)(b) repealed 1 July 2020 section 23(2) Resource Management Amendment Act 2020 5A: Intensification planning instruments and intensification streamlined planning process Subpart 5A inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80D: What this subpart and Part 6 of Schedule 1 do This subpart and Part 6 Section 80D inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Intensification planning instruments Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80E: Meaning of intensification planning instrument 1: In this Act, intensification planning instrument IPI a: that must— i: incorporate the MDRS; and ii: give effect to,— A: in the case of a tier 1 territorial authority, policies 3 and 4 of the NPS-UD; or B: in the case of a tier 2 territorial authority to which regulations made under section 80I(1) C: in the case of a tier 3 territorial authority to which regulations made under section 80K(1) b: that may also amend or include the following provisions: i: provisions relating to financial contributions, if the specified territorial authority chooses to amend its district plan under section 77T ii: provisions to enable papakāinga housing in the district: iii: related provisions, including objectives, policies, rules, standards, and zones, that support or are consequential on— A: the MDRS; or B: policies 3, 4, and 5 of the NPS-UD, as applicable. 2: In subsection (1)(b)(iii), related provisions a: district-wide matters: b: earthworks: c: fencing: d: infrastructure: e: qualifying matters identified in accordance with section 77I 77O f: storm water management (including permeability and hydraulic neutrality): g: subdivision of land. Section 80E inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80F: Specified territorial authority must notify IPI 1: The following territorial authorities must notify an IPI on or before 20 August 2022: a: every tier 1 territorial authority: b: a tier 2 territorial authority to which regulations made before 21 March 2022 under section 80I(1) 2: The following territorial authorities must notify an IPI on or before the date specified in the applicable regulations: a: a tier 2 territorial authority to which regulations made on or after 21 March 2022 under section 80I(1) b: a tier 3 territorial authority to which regulations made under section 80K(1) 3: A territorial authority to which subsection (1) or (2) applies must prepare the IPI— a: using the ISPP; and b: in accordance with— i: clause 95 ii: any requirements specified by the Minister in a direction made under section 80L Section 80F inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80G: Limitations on IPIs and ISPP IPIs 1: A specified territorial authority must not do any of the following: a: notify more than 1 IPI: b: use the IPI for any purpose other than the uses specified in section 80E c: withdraw the IPI. ISPP 2: A local authority must not use the ISPP except as permitted under section 80F(3) Section 80G inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80H: IPI must show how MDRS are incorporated 1: When a specified territorial authority notifies its IPI in accordance with section 80F(1) or (2) sections 77M 86B 86BA a: which provisions incorporate— i: the density standards in Part 2 ii: the objectives and policies in clause 6 b: which provisions in the operative district plan and any proposed plan are replaced by— i: the density standards in Part 2 ii: the objectives and policies in clause 6 2: The identification of a provision in an IPI as required in subsection (1)— a: does not form part of the IPI; and b: may be removed, without any further authority than this subsection, by the specified territorial authority once the IPI becomes operative. Section 80H inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Tier 2 territorial authorities Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80I: Regulations requiring tier 2 territorial authority to change district plan 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 2 territorial authority to prepare and notify an IPI. 2: An Order in Council made under subsection (1) on or after 21 March 2022 must specify the date by which the tier 2 territorial authority must notify the IPI. 3: Before recommending the making of regulations under subsection (1), the Minister must— a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and b: be satisfied that the district of the relevant tier 2 territorial authority is experiencing an acute housing need. 4: The Minister, in determining whether a district is experiencing an acute housing need,— a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and b: may have regard to any other information indicating that there is an acute housing need in the district. 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 80I inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Tier 3 territorial authorities Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80J: Tier 3 territorial authority may request regulations requiring territorial authority to change district plan 1: A tier 3 territorial authority may request the Minister to recommend the making of regulations under section 80K(1) 2: The Minister may approve or decline the request. 3: Before approving or declining the request, the Minister must— a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and b: determine whether the district of the relevant tier 3 territorial authority is experiencing an acute housing need. 4: The Minister, in determining whether a district is experiencing an acute housing need,— a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and b: may have regard to any other information indicating that there is an acute housing need in the district. Section 80J inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80K: Regulations requiring tier 3 territorial authority to change district plan 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 3 territorial authority to prepare and notify an IPI. 2: An Order in Council made under subsection (1) must specify the date by which the tier 3 territorial authority must notify the IPI. 3: The Minister may recommend the making of regulations under subsection (1) only if— a: the Minister has received a request from a tier 3 territorial authority under section 80J(1) b: the Minister is satisfied that the requirements specified in section 80J(3) 4: 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 80K inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Ministerial direction Heading inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80L: Minister may make direction 1: The Minister may direct 1 or more specified territorial authorities in relation to the following requirements: a: the number of panel members that the specified territorial authority must appoint to an independent hearings panel established under clause 96(1)(a) b: the level of experience and qualifications that a person must meet before the specified territorial authority may appoint that person to an independent hearings panel: c: 1 or more periods of time within which the specified territorial authority must complete 1 or more stages of the ISPP: d: matters on which the specified territorial authority must report to the Minister. 2: The direction may also include the Minister’s statement of expectations for the specified territorial authority. 3: In deciding the content of the direction, the Minister must have regard to section 80D 4: A direction 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 80L inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80M: Amendment of direction 1: The Minister may initiate an amendment of a direction made under section 80L 2: A specified territorial authority may request in writing that the Minister amend a direction made under section 80L 3: The Minister may amend the direction as the Minister thinks appropriate. 4: Unless an amendment made under this section has no more than a minor effect or is made to correct a technical error, section 80L(1), (2), and (3) 5: An amendment 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 80M inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 80N: Specified territorial authority must comply with direction 1: A specified territorial authority— a: must comply with the terms of a direction made under section 80L b: must have regard to that statement. 2: The direction applies as from time to time amended in accordance with section 80M Section 80N inserted 21 December 2021 section 10 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 6: Miscellaneous matters Subpart 6 heading inserted 19 April 2017 section 66 Resource Legislation Amendment Act 2017 81: Boundary adjustments 1: Where the boundaries of any region or district are altered, and any area comes within the jurisdiction of a different local authority,— a: the plan or proposed plan that applied to the area before the alteration of the boundaries shall continue to apply to that area and shall, in so far as it applies to the area, be deemed to be part of the plan or proposed plan of the different local authority: b: any activity that may, before the alteration of the boundaries, have been undertaken under section 19 2: Where the boundaries of any district are altered so as to include within that district any area not previously within the boundaries of any other district, no person may use that land 3: A territorial authority shall, as soon as practicable but within 2 years, make such changes to its district plans as it considers necessary to cover any area that comes within its jurisdiction, and, after the changes are made, this section shall cease to apply. Section 81(1)(b) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 81(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 82: Disputes 1: Subsection (2) applies if there is a dispute about— a: whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or b: whether there is an inconsistency between a regional policy statement or a regional plan and a district plan (including any rules of a plan) on a matter of regional significance; or c: whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard 2: A Minister or local authority responsible for a relevant national policy statement, New Zealand coastal policy statement, a national planning standard, 3: If a dispute about whether there is an inconsistency described in subsection (1)(a) or (b) is referred to the court, and the court considers that there is an inconsistency, the court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1 4: If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard or a national planning standard section 55 or 58I 5: However, the court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement or a national planning standard national planning standard, 6: To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2) , and giving effect to the national planning standard includes giving effect to it by complying with section 58I(2) Section 82 replaced 1 August 2003 section 36 Resource Management Amendment Act 2003 Section 82(1)(c) amended 19 April 2017 section 67(1) Resource Legislation Amendment Act 2017 Section 82(2) amended 19 April 2017 section 67(2) Resource Legislation Amendment Act 2017 Section 82(3) replaced 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(4) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(4) amended 19 April 2017 section 67(3) Resource Legislation Amendment Act 2017 Section 82(4) amended 19 April 2017 section 67(4) Resource Legislation Amendment Act 2017 Section 82(4) amended 19 April 2017 section 67(5) Resource Legislation Amendment Act 2017 Section 82(5) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(5) amended 19 April 2017 section 67(6) Resource Legislation Amendment Act 2017 Section 82(5) amended 19 April 2017 section 67(7) Resource Legislation Amendment Act 2017 Section 82(6) inserted 1 October 2009 section 67 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 82(6) amended 19 April 2017 section 67(8) Resource Legislation Amendment Act 2017 82A: Dispute relating to review under section 79A Section 82A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 83: Procedural requirements deemed to be observed A policy statement or plan that is held out by a local authority as being operative shall be deemed to have been prepared and approved in accordance with Schedule 1 section 316(3) 84: Local authorities to observe their own policy statements and plans 1: While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent authority, shall observe and, to the extent of its authority, enforce the observance of the policy statement or plan. 2: No purported grant of a resource consent, and no waiver or sufferance or departure from a policy statement or plan, whether written or otherwise, shall, unless authorised by this Act, have effect in so far as it is contrary to subsection (1). 85: Environment Court may give directions in respect of land subject to controls 1: An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act. 2: Notwithstanding subsection (1), any person having an interest in land to which any provision or proposed provision of a plan or proposed plan applies, and who considers that the provision or proposed provision would render that interest in land incapable of reasonable use, may challenge that provision or proposed provision on those grounds— a: in a submission made under Schedule 1 b: in an application to change a plan made under clause 21 3: Subsection (3A) applies in the following cases: a: on an application to the Environment Court to change a plan under clause 21 b: on an appeal to the Environment Court in relation to a provision of a proposed plan or change to a plan. 3A: The Environment Court, if it is satisfied that the grounds set out in subsection (3B) are met, may,— a: in the case of a plan or proposed plan (other than a regional coastal plan or proposed regional coastal plan), direct the local authority to do whichever of the following the local authority considers appropriate: i: modify, delete, or replace the provision in the plan or proposed plan in the manner directed by the court: ii: acquire all or part of the estate or interest in the land under the Public Works Act 1981 A: the person with an estate or interest in the land or part of it agrees; and B: the requirements of subsection (3D) are met; and b: in the case of a regional coastal plan or proposed regional coastal plan,— i: report its findings to the applicant, the regional council concerned, and the Minister of Conservation; and ii: include a direction to the regional council to modify, delete, or replace the provision in the manner directed by the court. 3B: The grounds are that the provision or proposed provision of a plan or proposed plan— a: makes any land incapable of reasonable use; and b: places an unfair and unreasonable burden on any person who has an interest in the land. 3C: Before exercising its jurisdiction under subsection (3A), the Environment Court must have regard to— a: Part 3 section 9(3) b: the effect of subsection (1) of this section. 3D: The Environment Court must not give a direction under subsection (3A)(a)(ii) unless— a: the person with the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of that person)— i: had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and ii: the provision or proposed provision remained in substantially the same form; and b: the person with the estate or interest in the land or part of the land consents to the giving of the direction. 4: Any direction given or report made under subsection (3A) has effect under this Act as if it were made or given under clause 15 5: Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 clause 14 6: In this section,— provision of a plan or proposed plan reasonable use 7: Section 85 heading replaced 19 April 2017 section 68(1) Resource Legislation Amendment Act 2017 Section 85(2)(a) amended 19 April 2017 section 68(2) Resource Legislation Amendment Act 2017 Section 85(2)(b) amended 7 July 1993 section 43(1)(b) Resource Management Amendment Act 1993 Section 85(3) replaced 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3A) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3B) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3C) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(3D) inserted 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(4) replaced 19 April 2017 section 68(3) Resource Legislation Amendment Act 2017 Section 85(5) replaced 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Section 85(6) replaced 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Section 85(7) repealed 19 April 2017 section 68(4) Resource Legislation Amendment Act 2017 Plan must not allow activity that prevents protected customary rights Heading inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 85A: Plan or proposed plan must not include certain rules A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 Section 85A inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 85A amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 85B: Process to apply if plan or proposed plan does not comply with section 85A 1: If a protected customary rights group section 85A a: make a submission to the local authority concerned under clause 6 b: request a change under clause 21 c: apply to the Environment Court in accordance with section 293A(3) 2: A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A a: the effects of the proposed activity on the exercise of a protected customary right; and b: the area that the proposed activity would have in common with the protected customary right c: the degree to which the proposed activity must be carried out to the exclusion of other activities; and d: the degree to which the exercise of a protected customary right e: whether the protected customary right Section 85B inserted 17 January 2005 section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 85B(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(1)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 85B(2)(a) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)(d) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 85B(2)(e) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 86: Power to acquire land 1: In addition to any power it may have to acquire land for any public work which it is authorised to undertake, a regional council or territorial authority may, while its plan is operative, acquire by agreement under the Public Works Act 1981 a: terminating or preventing any non-complying or prohibited activity in relation to that land: b: facilitating activity in relation to that land that is in accordance with the objectives and policies of the plan. 2: Except as provided in sections 85(3A)(a)(ii) 185 198 3: Every person having any interest in land taken for any purpose authorised by subsection (1) shall be entitled to all compensation which that person would be entitled to if the land had been acquired for a public work under the Public Works Act 1981 Section 86(2) amended 19 April 2017 section 69 Resource Legislation Amendment Act 2017 7: Legal effect of rules Subpart 7 heading inserted 19 April 2017 section 70 Resource Legislation Amendment Act 2017 Legal effect of rules Heading repealed 19 April 2017 section 70 Resource Legislation Amendment Act 2017 86A: Purpose of sections 86B to 86G 1: The purpose of sections 86B to 86G 2: Except to the extent that subsection (1) applies, sections 86B to 86G Section 86A inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86A(1) amended 19 April 2017 section 71 Resource Legislation Amendment Act 2017 86B: When rules in proposed plans 1: A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4) 102(1) 106(1) a: subsection (3) or section 86BA b: the Environment Court, in accordance with section 86D c: the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 2: However, subsection (1)(c) applies only if— a: the local authority makes the decision before clause 5 b: the c: the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C 3: A rule in a proposed plan has immediate legal effect if the rule— a: protects or relates to water, air, or soil (for soil conservation); or b: protects areas of significant indigenous vegetation; or c: protects areas of significant habitats of indigenous fauna; or d: protects historic heritage; or e: provides for or relates to aquaculture activities. 4: For the purposes of subsection (2)(c), a decision is rescinded a: the local authority publicly notifies that the decision is rescinded; and b: the public notice includes a statement of the decision to which it relates and the date on which the recision was made. 5: For the purposes of subsection (3) and section 86BA immediate legal effect clause 5 6: Section 86B inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86B heading amended 19 April 2017 section 72(1) Resource Legislation Amendment Act 2017 Section 86B(1) amended 21 December 2021 section 11(1) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(1)(a) amended 21 December 2021 section 11(2) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(2)(a) amended 19 April 2017 section 72(2) Resource Legislation Amendment Act 2017 Section 86B(2)(b) amended 19 April 2017 section 72(3) Resource Legislation Amendment Act 2017 Section 86B(3)(e) replaced 1 October 2011 section 18(1) Resource Management Amendment Act (No 2) 2011 Section 86B(5) amended 21 December 2021 section 11(3) Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 86B(6) repealed 1 October 2011 section 18(2) Resource Management Amendment Act (No 2) 2011 86BA: Immediate legal effect of rules in IPI prepared using ISPP Immediate legal effect: general 1: A rule in a proposed plan has immediate legal effect if the rule meets all of the following criteria: a: the rule is in an IPI prepared using the ISPP: b: the rule authorises as a permitted activity a residential unit in a relevant residential zone in accordance with the density standards set out in Part 2 c: the rule does not apply to either of the following areas: i: a new residential zone: ii: a qualifying matter area. 2: If a rule in a district plan ( rule A rule B a: rule A ceases to have legal effect from the time at which rule B has immediate legal effect; and b: rule A is no longer to be treated as an operative provision of the district plan. More lenient density standards 3: Subsection (4) applies if a rule in a proposed plan— a: meets the criteria specified in subsection (1)(a) and (c); and b: would meet the criterion specified in subsection (1)(b) but for the fact that it includes a proposed density standard that— i: regulates the same effect as a density standard set out in Part 2 ii: is proposed, in accordance with section 77H(1)(b) 4: If this subsection applies,— a: the proposed density standard does not have immediate legal effect; but b: all other density standards referred to in subsection (1)(b) have immediate legal effect and subsection (2) applies to those standards as if they were rule B. Omitted or additional density standards 5: Subsection (6) applies if— a: the rule referred to in subsection (1)— i: omits, in accordance with section 77H(1)(a) Part 2 ii: includes an additional requirement, condition, or permission regulating an effect other than those set out in Part 2 b: the omitted density standard, or the additional requirement, condition, or permission, regulates the same effect as a rule (including a density standard, requirement, condition, or permission) in the operative plan (the operative rule 6: If this subsection applies, the operative rule continues to have legal effect until the date on which the proposed plan becomes operative. Interpretation 7: In this section, more lenient section 77H(2) qualifying matter area section 77I Section 86BA inserted 21 December 2021 section 12 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 86C: When rule has legal effect if decision to delay its effect is rescinded 1: This section applies to a rule to which section 86B(1)(c) 2: The rule has legal effect from the later of— a: the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded: b: the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) Section 86C inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 86D: Environment Court may order rule to have legal effect from date other than standard date 1: In this section, rule a: in a proposed plan b: that is not a rule of a type described in section 86B(3)(a) to (e) 2: A local authority may apply before or after the proposed plan is publicly notified under clause 5 clause 10(4) 3: If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of— a: the date that the proposed plan is publicly notified; and b: the date of the court order. Section 86D inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86D(1)(a) amended 19 April 2017 section 73(1) Resource Legislation Amendment Act 2017 Section 86D(1)(b) amended 19 April 2017 section 73(2) Resource Legislation Amendment Act 2017 86E: Local authorities must identify rules having early or delayed legal effect 1: A local authority must clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) a: at the time the proposed plan is notified under clause 5 , or given limited notification under clause 5A b: as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D 2: 3: The identification of a rule in a proposed plan a: does not form part of the proposed plan b: may be removed, without any further authority than this subsection, by the local authority once the plan clause 20 Section 86E inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86E(1)(a) amended 19 April 2017 section 74(1) Resource Legislation Amendment Act 2017 Section 86E(2) repealed 19 April 2017 section 74(2) Resource Legislation Amendment Act 2017 Section 86E(3) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017 Section 86E(3) amended 19 April 2017 section 74(4) Resource Legislation Amendment Act 2017 Section 86E(3)(a) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017 Section 86E(3)(b) amended 19 April 2017 section 74(3) Resource Legislation Amendment Act 2017 86F: When rules in proposed plans must be treated as operative 1: A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,— a: no submissions in opposition have been made or appeals have been lodged; or b: all submissions in opposition and appeals have been determined; or c: all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed. 2: However, until the decisions have been given under clause 10(4) Section 86F inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86F(2) inserted 19 April 2017 section 75 Resource Legislation Amendment Act 2017 86G: Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act 1: A reference in this Act or in any regulations made under it to a rule in a proposed plan a: has not taken legal effect in accordance with section 86B b: has not become operative under section 86F 2: Subsection (1) applies subject to any express provision to the contrary in this Act. Section 86G inserted 1 October 2009 section 68 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 86G(1) amended 19 April 2017 section 76(1) Resource Legislation Amendment Act 2017 Section 86G(1) amended 19 April 2017 section 76(2) Resource Legislation Amendment Act 2017 6: Resource consents 87AA: This Part subject to Part 6A This Part applies subject to Part 6A Section 87AA inserted 26 March 2002 section 7 Resource Management (Aquaculture Moratorium) Amendment Act 2002 87AAB: Meaning of boundary activity and related terms 1: An activity is a boundary activity a: the activity requires a resource consent because of the application of 1 or more boundary rules, but no other district rules, to the activity; and b: no infringed boundary is a public boundary. 2: In this section,— boundary rule a: the distance between a structure and 1 or more boundaries of an allotment; or b: the dimensions of a structure in relation to its distance from 1 or more boundaries of an allotment infringed boundary a: means a boundary to which an infringed boundary rule applies: b: if there is an infringement to a boundary rule when measured from the corner point of an allotment (regardless of where the infringement is to be measured from under the district plan), means every allotment boundary that intersects with the point of that corner: c: if there is an infringement to a boundary rule that relates to a boundary that forms part of a private way, means the allotment boundary that is on the opposite side of the private way (regardless of where the infringement is to be measured from under the district plan) public boundary Section 87AAB inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017 87AAC: Meaning of fast-track application 1: An application is a fast-track application a: is for a resource consent for a controlled activity (but no other activity) that requires consent under a district plan (other than a subdivision of land); and b: includes an address for service that is an electronic address. 2: An application described in subsection (1) ceases to be a fast-track application if— a: a consent authority gives public or limited notification of the application; or b: a hearing is to be held for the application; or c: at the time the application is lodged, the applicant notifies the consent authority that the applicant wishes to opt out of the fast track process. 3: To avoid doubt, if an application ceases to be a fast-track application under subsection (2)(a) or (b),— a: the application is not incomplete by reason only that it does not include the information referred to in section 88(2)(c) b: a consent authority may, under section 92 section 88(2)(c) 4: To avoid doubt, when an application ceases to be a fast-track application,— a: the application becomes subject to the standard processing requirements (including any time periods for doing anything) under this Act that would have applied if the application had not been a fast-track application; and b: those time periods are deemed to have been running from the time they would have begun if this section had not applied and are not reset as from the time the application ceases to be fast-track. Section 87AAC inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017 Section 87AAC(1) replaced 1 July 2020 section 24 Resource Management Amendment Act 2020 87AAD: Overview of application of this Part to boundary activities and fast-track applications 1: If an activity is a boundary activity,— a: the activity may be a permitted activity if the requirements of section 87BA b: there are restrictions on who may be notified of an application for a resource consent for the activity ( see sections 95A(4) and (5) 95B(7) c: the right of appeal under section 120 2: If an application is a fast-track application,— a: a consent authority must, within the time limit specified in section 95 b: notice of a decision on the application must be given within the time limit specified in section 115(4A) c: except as provided for in paragraphs (a) and (b), this Act applies to the application in the same way as it applies to any other application for a resource consent. 3: This overview is by way of explanation only. If any provision of this Act conflicts with this overview, that provision prevails. Section 87AAD inserted 18 October 2017 section 134 Resource Legislation Amendment Act 2017 87: Types of resource consents In this Act, the term resource consent a: a consent to do something that otherwise would contravene section 9 section 13 land use consent b: a consent to do something that otherwise would contravene section 11 subdivision consent c: a consent to do something in a coastal marine area that otherwise would contravene any of sections 12 14 15 15A 15B coastal permit d: a consent to do something (other than in a coastal marine area) that otherwise would contravene section 14 water permit e: a consent to do something (other than in a coastal marine area) that otherwise would contravene section 15 discharge permit Section 87(c) amended 20 August 1998 section 17 Resource Management Amendment Act 1997 Section 87(c) amended 20 August 1998 section 11 Resource Management Amendment Act 1994 87A: Classes of activities 1: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 2: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and— a: the consent authority must grant a resource consent except if— i: section 106 ii: section 55(2) b: the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and c: the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 3: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and— a: the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 4: If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and— a: the consent authority may decline the consent or grant the consent with or without conditions; and b: if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan. 5: If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may— a: decline the consent; or b: grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D 6: If an activity is described in this Act, regulations (including a national environmental standard), or a plan a: no application for a resource consent may be made for the activity; and b: the consent authority must not grant a consent for it. 7: However, subsection (6) does not apply to a concurrent application lodged under subpart 4 Section 87A inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87A(2)(a) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 87A(6) amended 1 October 2011 section 19(1) Resource Management Amendment Act (No 2) 2011 Section 87A(7) inserted 1 October 2011 section 19(2) Resource Management Amendment Act (No 2) 2011 87B: Certain activities to be treated as discretionary activities or prohibited activities 1: An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if— a: Part 3 b: a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A c: a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative. 2: Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 3: Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) 4: Any mining whose main purpose is to mine mercury must be treated as a prohibited activity. Section 87B inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87B(4) inserted 24 October 2019 section 129 Statutes Amendment Act 2019 87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities 1: A boundary activity is a permitted activity if— a: the person proposing to undertake the activity provides to the consent authority— i: a description of the activity; and ii: a plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape, and location on the site of the proposed activity; and iii: the full name and address of each owner of the site; and iv: the full name and address of each owner of an allotment with an infringed boundary; and b: each owner of an allotment with an infringed boundary— i: gives written approval for the activity; and ii: signs the plan referred to in paragraph (a)(ii); and c: the consent authority notifies the person proposing to undertake the activity that the activity is a permitted activity. 2: If a person proposing to undertake an activity provides information to a consent authority under this section, the consent authority must,— a: if subsection (1)(a) and (b) are satisfied, give a notice under subsection (1)(c); or b: if subsection (1)(a) and (b) are not satisfied, notify the person of that fact and return the information to the person. 3: The consent authority must take the appropriate action under subsection (2) within 10 working days after the date on which it receives the information it needs to make a decision under subsection (2)(a) or (b). 4: A notice given under this section must be in writing. 5: If a person has submitted an application for a resource consent for a boundary activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant. 6: A notice given under subsection (1)(c) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to. Section 87BA inserted 18 October 2017 section 135 Resource Legislation Amendment Act 2017 87BB: Activities meeting certain requirements are permitted activities 1: An activity is a permitted activity if— a: the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, regulations (including any national environmental standard), a plan, or a proposed plan; and b: any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and c: any adverse effects of the activity on a person are less than minor; and d: the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity. 2: A consent authority may give a notice under subsection (1)(d)— a: after receiving an application for a resource consent for the activity; or b: on its own initiative. 3: The notice must be in writing and must include— a: a description of the activity; and b: details of the site at which the activity is to occur; and c: the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision. 4: If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant. 5: A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to. Section 87BB inserted 18 October 2017 section 135 Resource Legislation Amendment Act 2017 Streamlining decision-making on resource consents Heading inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 87C: Sections 87D to 87I apply to resource consent applications 1: Sections 87D to 87I a: an application for a resource consent that has been notified: b: an application to change or cancel a condition of a resource consent that has been notified. 2: If the application is called in under section 142(2) sections 87D to 87I Section 87C inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 87D: Request for application to go directly to Environment Court 1: The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority. 2: The applicant must make the request in the period— a: starting on the day on which the application is made; and b: ending 5 working days after the date on which the period for submissions on the application closes. 3: The applicant must make the request electronically or in writing on the prescribed form. Section 87D inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 87E: Consent authority’s decision on request 1: If the consent authority determines under section 88(3) Section 88(4) and (5) 2: If the consent authority receives the request after it has determined that the application will not be notified, it must return the request. 3: If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5). 4: If the consent authority decides not to notify the application, it must return the request. 5: If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification. 6: In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request. 6A: Despite the discretion to grant a request under subsection (5) or (6), if regulations have been made under section 360(1)(hm) a: the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist. 7: No submitter has a right to be heard by the consent authority on a request. 8: If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision. 9: If the consent authority declines the request under subsections (5) to (6A) section 357A(1)(e) Section 87E inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87E(6A) inserted 4 September 2013 section 13(1) Resource Management Amendment Act 2013 Section 87E(9) amended 4 September 2013 section 13(2) Resource Management Amendment Act 2013 87F: Consent authority's subsequent processing 1: If the consent authority does not grant the applicant's request under section 87D 2: If the consent authority grants the applicant's request under section 87D (7) 3: The consent authority must prepare a report on the application within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the application closes: b: the period that ends 20 working days after the date on which the authority decides to grant the request. 4: In the report, the consent authority must a: address issues that are set out in sections 104 to 112 b: suggest conditions that it considers should be imposed if the Environment Court grants the application ; and c: provide a summary of submissions received. 5: As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to— a: the applicant; and b: every person who made a submission on the application. 6: The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report. 7: In providing that assistance, the consent authority— a: is a party to the proceedings; and b: must be available to attend hearings to— i: discuss or clarify any matter in its report: ii: give evidence about its report: iii: discuss submissions received and address issues raised by the submissions: iv: provide any other relevant information requested by the court. Section 87F inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87F(2) amended 4 September 2013 section 14(1) Resource Management Amendment Act 2013 Section 87F(4) amended 4 September 2013 section 14(2) Resource Management Amendment Act 2013 Section 87F(4)(b) amended 4 September 2013 section 14(3) Resource Management Amendment Act 2013 Section 87F(4)(c) inserted 4 September 2013 section 14(4) Resource Management Amendment Act 2013 Section 87F(6) inserted 4 September 2013 section 14(5) Resource Management Amendment Act 2013 Section 87F(7) inserted 4 September 2013 section 14(5) Resource Management Amendment Act 2013 87G: Environment Court determines application 1: Subsection (2) applies to an applicant who— a: receives a report provided under section 87F(5) b: continues to want the application to be determined by the Environment Court instead of by a consent authority. 2: The application is referred to the Environment Court by the applicant,— a: within 15 working days b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on— i: the consent authority that granted the applicant's request under section 87D ii: every person who made a submission to the authority on the application; and c: telling the Registrar of the Environment Court by written notice when the copies have been served. 3: A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with— a: the application to which the notice of motion relates; and b: the authority's report on the application; and c: all the submissions on the application that the authority received; and d: all the information and reports on the application that the authority was supplied with. 4: Section 274 , and any person who has made a submission to the consent authority on the application and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section 5: Parts 11 11A 6: If considering a matter that is an application for a resource consent, the court must apply sections 104 to 112 138A 7: If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 104 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation. 8: However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 107F(3)(b) or (c) Section 87G inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87G(2) replaced 4 September 2013 section 15(1) Resource Management Amendment Act 2013 Section 87G(2)(a) amended 3 March 2015 section 90 Resource Management Amendment Act 2013 Section 87G(4) amended 4 September 2013 section 15(2) Resource Management Amendment Act 2013 Section 87G(5) amended 4 September 2013 section 15(3) Resource Management Amendment Act 2013 Section 87G(8) inserted 1 October 2011 section 20 Resource Management Amendment Act (No 2) 2011 87H: Residual powers of consent authority The consent authority that would have determined the application had the Environment Court not done so under section 87G Section 87H inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 87I: When consent authority must determine application 1: This section applies when— a: an applicant receives a report under section 87F(5) b: either— i: the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2) ii: the applicant does not lodge a notice of motion with the Environment Court under section 87G(2) c: 2: The application must be determined by the consent authority. Section 87I inserted 1 October 2009 section 69 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 87I(1)(b)(ii) amended 3 March 2015 section 91(1) Resource Management Amendment Act 2013 Section 87I(1)(c) repealed 3 March 2015 section 91(2) Resource Management Amendment Act 2013 Application for resource consent 88: Making an application 1: A person may apply to the relevant consent 1A: A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA a: is also the administering body in which the recreation reserve land is vested; and b: agrees that the applications may be made jointly. 2: An application must— a: be made in the prescribed form and manner; and b: include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required by Schedule 4 c: 2A: An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries. 3: A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not— a: include the information prescribed by regulations; or b: include the information required by subsection (2)(b) 3A: The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination. 4: If, after an application has been returned as incomplete, that application is lodged again with the consent 5: Sections 357 to 358 6: If a joint application is made under subsection (1A), the application to exchange recreation reserve land must be— a: processed, with the resource consent application, in accordance with sections 88 to 88F 91(1) and (2) 91A to 92B 95 95A(2) 96 to 103B b: decided under section 15AA Section 88 replaced 1 August 2003 section 37 Resource Management Amendment Act 2003 Section 88(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88(1A) inserted 19 April 2017 section 188(5) Resource Legislation Amendment Act 2017 Section 88(2) replaced 3 March 2015 section 92(1) Resource Management Amendment Act 2013 Section 88(2)(b) replaced 1 July 2020 section 25(1) Resource Management Amendment Act 2020 Section 88(2)(c) repealed 1 July 2020 section 25(1) Resource Management Amendment Act 2020 Section 88(2A) inserted 1 October 2011 section 21 Resource Management Amendment Act (No 2) 2011 Section 88(3) replaced 3 March 2015 section 92(2) Resource Management Amendment Act 2013 Section 88(3)(b) replaced 18 October 2017 section 136(2) Resource Legislation Amendment Act 2017 Section 88(3)(b) amended 1 July 2020 section 25(2) Resource Management Amendment Act 2020 Section 88(3A) inserted 3 March 2015 section 92(2) Resource Management Amendment Act 2013 Section 88(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88(5) amended 10 August 2005 section 50 Resource Management Amendment Act 2005 Section 88(6) inserted 19 April 2017 section 188(6) Resource Legislation Amendment Act 2017 88A: Description of type of activity to remain the same 1: Subsection (1A) applies if— a: an application for a resource consent has been made under section 88 or 145 b: the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made , or that the application was treated as being made under section 87B i: a proposed plan being notified; or ii: a decision being made under clause 10(1) iii: otherwise. 1A: The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged. 2: Notwithstanding subsection (1), any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 104(1)(b) 3: Section 88A inserted 17 December 1997 section 18 Resource Management Amendment Act 1997 Section 88A(1) replaced 1 August 2003 section 38(1) Resource Management Amendment Act 2003 Section 88A(1)(a) amended 1 October 2009 section 70(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1)(b) amended 1 October 2009 section 70(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1)(b)(ii) amended 1 October 2009 section 70(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88A(1A) inserted 1 August 2003 section 38(1) Resource Management Amendment Act 2003 Section 88A(2) amended 1 August 2003 section 38(2) Resource Management Amendment Act 2003 Section 88A(3) repealed 1 October 2009 section 70(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 88B: Time limits from which time periods are excluded in relation to applications 1: This section provides for the deferral of certain time limits relating to applications. 2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded. 3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 88H Section 87F(3) Section 88C(4) or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 101(2) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 103A Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 115(3) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 88G Section 115(4) Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2) 4: See also section 103(4) and (5) Section 88B replaced 3 March 2015 section 93 Resource Management Amendment Act 2013 Section 88B(3) amended 30 September 2020 section 26(1) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(2) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(3) Resource Management Amendment Act 2020 Section 88B(3) amended 30 September 2020 section 26(4) Resource Management Amendment Act 2020 Section 88B(4) inserted 7 August 2020 section 300 Urban Development Act 2020 88C: Excluded time periods relating to provision of further information Request for further information 1: Subsection (2) applies when— a: an authority has requested an applicant, under section 92(1) b: the request is the first request made by the authority to the applicant under that provision; and c: the request is made before the authority decides whether to notify the application. 2: The period that must be excluded from every applicable time limit under section 88B a: starting with the date of the request under section 92(1) b: ending as follows: i: if the applicant provides the information within 15 working days, the date on which the applicant provides the information: ii: if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information: iii: if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a) iv: if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends: v: if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information. Commissioning of report—applicant agrees 3: Subsection (4) applies when— a: an authority has notified an applicant, under section 92(2)(b) b: the applicant agrees, under section 92B(1) 4: The period that must be excluded from every applicable time limit under section 88B a: starting with the date of the notification under section 92(2)(b) b: ending with the date on which the authority receives the report. Commissioning of report—applicant disagrees 5: Subsection (6) applies when— a: an authority has notified an applicant, under section 92(2)(b) b: the applicant does not agree, under section 92B(1) 6: The period that must be excluded from every applicable time limit under section 88B a: starting with the date of the notification under section 92(2)(b) b: ending with the earlier of the following: i: the date on which the period of 15 working days ends; and ii: the date on which the authority receives the applicant's refusal, under section 92B(1) Section 88C replaced 1 October 2009 section 71 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88C(1) heading inserted 3 March 2015 section 94(1) Resource Management Amendment Act 2013 Section 88C(1)(b) replaced 3 March 2015 section 94(2) Resource Management Amendment Act 2013 Section 88C(1)(c) inserted 3 March 2015 section 94(2) Resource Management Amendment Act 2013 Section 88C(2) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013 Section 88C(3) heading inserted 3 March 2015 section 94(4) Resource Management Amendment Act 2013 Section 88C(4) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013 Section 88C(5) heading inserted 3 March 2015 section 94(5) Resource Management Amendment Act 2013 Section 88C(6) amended 3 March 2015 section 94(3) Resource Management Amendment Act 2013 88D: Excluded time periods relating to direct referral Request for direct referral declined and no objection 1: Subsection (2) applies when— a: an applicant makes a request under section 87D(1) b: the consent authority declines the request under section 87E(5) to (6A) c: the applicant does not object under section 357A(1)(e) 2: The period that must be excluded from every applicable time limit under section 88B a: starting with the date on which the consent authority receives the request; and b: ending with the date on which the 15 working days referred to in section 357C(1) Request for direct referral declined and objection dismissed 3: Subsection (4) applies when— a: an applicant makes a request under section 87D(1) b: the consent authority declines the request under section 87E(5) to (6A) c: the consent authority dismisses the applicant's objection under section 357D 4: The period that must be excluded from every applicable time limit under section 88B a: starting with the date on which the consent authority receives the request; and b: ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection. Request for direct referral granted or objection upheld 5: Subsection (6) applies when— a: an applicant makes a request under section 87D(1) b: either— i: the consent authority grants the request under section 87E(5) to (6A) ii: the consent authority declines the request under section 87E(5) to (6A) section 357D 6: The period that must be excluded from every applicable time limit under section 88B a: starting with the date on which the consent authority receives the request; and b: ending with the earlier of the following: i: the date on which the 15 working days referred to in section 87G(2)(a) ii: the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2) Section 88D replaced 3 March 2015 section 95 Resource Management Amendment Act 2013 88E: Excluded time periods relating to other matters Deferral pending application for additional consents 1: Subsection (2) applies when a consent authority determines, under section 91(1) 2: The period that must be excluded from every applicable time limit under section 88B a: starting with the date of the notification of the determination to the applicant under section 91(2) b: ending with— i: the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b) ii: the date of an Environment Court order revoking the authority's determination. Approval sought from affected persons or groups 3: Subsection (4) applies when an applicant tries, for the purposes of section 95E(3) 95F 95G 4: The period that must be excluded from every applicable time limit under section 88B Referral to mediation 5: Subsection (6) applies when a consent authority refers persons to mediation under section 99A 6: The period that must be excluded from every applicable time limit under section 88B a: starting with the date of the reference; and b: ending with the earlier of the following: i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and ii: the date on which the mediator reports the outcome of the mediation to the authority. Suspension of processing of notified application 7: Subsection (8) applies when the processing of an application is suspended under section 91A 8: The period that must be excluded from every applicable time limit under section 88B a: starting with the date on which the suspension started: b: ending with the date on which the suspension ceased. Section 88E inserted 1 October 2009 section 71 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 88E(1) heading inserted 3 March 2015 section 96(1) Resource Management Amendment Act 2013 Section 88E(2) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(3) heading inserted 3 March 2015 section 96(3) Resource Management Amendment Act 2013 Section 88E(3) replaced 3 March 2015 section 96(3) Resource Management Amendment Act 2013 Section 88E(4) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(5) heading inserted 3 March 2015 section 96(4) Resource Management Amendment Act 2013 Section 88E(6) amended 3 March 2015 section 96(2) Resource Management Amendment Act 2013 Section 88E(7) heading inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013 Section 88E(7) heading amended 30 September 2020 section 27 Resource Management Amendment Act 2020 Section 88E(7) inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013 Section 88E(8) inserted 3 March 2015 section 96(5) Resource Management Amendment Act 2013 88F: Excluded time periods relating to pre-request aquaculture agreements 1: Subsection (2) applies when— a: an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and b: the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM c: it is the first request made by the applicant for that purpose. 2: The period that must be excluded from every applicable time limit under section 88B a: starting with the date on which the request is made; and b: ending with the earlier of the following: i: the 80th working day after the date on which the request is made: ii: the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to. Section 88F inserted 1 October 2011 section 22 Resource Management Amendment Act (No 2) 2011 Section 88F heading replaced 3 March 2015 section 97(1) Resource Management Amendment Act 2013 Section 88F(2) amended 3 March 2015 section 97(2) Resource Management Amendment Act 2013 88G: Exclusion of period when processing of non-notified application suspended 1: Subsection (2) applies when a non-notified application is suspended under section 91D 2: The period that must be excluded from every applicable time limit under section 88B a: starting from the date on which the suspension started; and b: ending on the date on which the suspension ceased. Section 88G inserted 30 September 2020 section 28 Resource Management Amendment Act 2020 88H: Excluded time periods relating to non-payment of administrative charges 1: Subsection (2) applies if— a: an application for a resource consent is lodged with a consent authority; and b: a charge fixed under section 36 section 95 c: the applicant does not pay the charge when it is payable. 2: The consent authority may exclude from every applicable time limit in section 95 a: starting from the date on which payment is due; and b: ending on the date on which payment is made. Section 88H inserted 30 September 2020 section 28 Resource Management Amendment Act 2020 88I: Excluded time periods under Urban Development Act 2020 The period described in section 103(4) Section 88I inserted 7 August 2020 section 300 Urban Development Act 2020 89: Applications to territorial authorities for resource consents where land is in 1: Where an application for a subdivision consent is made to a territorial authority and any part , or all, shall 2: Where— a: an application is made to a territorial authority for a resource consent for an activity which an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and b: on the date the application is made the proposed location of the activity is still within the coastal marine area,— then the authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act shall apply accordingly. 3: Section 116(2) Section 89 heading amended 7 July 1993 section 45 Resource Management Amendment Act 1993 Section 89(1) amended 7 July 1993 section 45(a) Resource Management Amendment Act 1993 Section 89(1) amended 7 July 1993 section 45(b) Resource Management Amendment Act 1993 89A: Applications affecting navigation to be referred to Maritime New Zealand 1: This section applies to the following applications: a: an application for a coastal permit to do any of the following in the coastal marine area: i: reclaim land: ii: build a structure: iii: do or maintain works for the improvement, management, protection, or utilisation of a harbour: b: an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area: c: an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river: d: an application for a land use consent to use the bed of a navigable lake or river. 2: The local authority must send a copy of the application to Maritime New Zealand. 3: Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes. 4: If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report. 5: The local authority must— a: ensure that a copy of Maritime New Zealand's report is provided to— i: the applicant; and ii: every person who has made a submission on the application: b: take the report into account in its consideration of the application. Section 89A inserted 1 October 2009 section 72 Resource Management (Simplifying and Streamlining) Amendment Act 2009 90: Distribution of application to other authorities Section 90 repealed 1 August 2003 section 40 Resource Management Amendment Act 2003 91: Deferral pending application for additional consents 1: A consent authority may determine not to proceed with the notification or hearing of an application for a resource consent if it considers on reasonable grounds that— a: other resource consents under this Act will also be required in respect of the proposal to which the application relates; and b: it is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any 1 or more of those other resource consents be made before proceeding further. 2: Where a consent authority makes a determination under subsection (1), it shall forthwith notify the applicant of the determination. 3: The applicant may apply to the Environment Court Section 91(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 91A: Applicant may have processing of notified 1: A consent authority must suspend the processing of a notified application when a request is received in accordance with this section. 2: The applicant may request the consent authority to suspend the processing of an application at any time in the period— a: starting when the application is notified; and b: ending when— i: the hearing is completed, if a hearing is held for the application; or ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application. 3: However, a request must not be made if— a: the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a) b: the Minister has made a direction under section 142(2) c: a total of 130 or more working days have been excluded from time limits under section 88B section 88E(8) 4: The request must be made by written or electronic notice. 5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. Section 91A inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91A heading amended 30 September 2020 section 29 Resource Management Amendment Act 2020 91B: When suspension of processing of notified application 1: A consent authority must cease to suspend the processing of a notified a: a request is received in accordance with this section; or b: the applicant lodges a notice of motion with the Environment Court under section 87G(2)(a) c: the Minister makes a direction under section 142(2) d: the consent authority decides under section 91C 2: The applicant may request the consent authority to cease to suspend the processing of a notified 3: The request must be made by written or electronic notice. 4: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. Section 91B inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91B heading amended 30 September 2020 section 30(1) Resource Management Amendment Act 2020 Section 91B(1) amended 30 September 2020 section 30(2) Resource Management Amendment Act 2020 Section 91B(2) amended 30 September 2020 section 30(2) Resource Management Amendment Act 2020 91C: Notified application 1: Subsection (2) applies if— a: a total of 130 or more working days have been excluded from time limits under section 88B a notified section 88E(8) b: the application is suspended at the time. 2: The consent authority must decide to— a: return the application to the applicant; or b: continue to process the application. 3: If the consent authority decides to return the application,— a: it must be returned together with a written explanation as to why it is being returned; but b: the applicant may object to the consent authority under section 357(3A) 4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application. Section 91C inserted 3 March 2015 section 98 Resource Management Amendment Act 2013 Section 91C heading amended 30 September 2020 section 31(1) Resource Management Amendment Act 2020 Section 91C(1)(a) amended 30 September 2020 section 31(2) Resource Management Amendment Act 2020 91D: Applicant may have processing of non-notified application suspended 1: A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section. 2: The applicant may request the consent authority to suspend the processing of a non-notified application at any time in the period— a: starting on the date on which the application is first lodged with the authority; and b: ending when— i: the hearing is completed, if a hearing is held for the application; or ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or iii: the application is notified. 3: However, a request must not be made if— a: the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a) b: the Minister has made a direction under section 142(2) c: a total of 20 working days have been excluded from time limits under section 88B 4: The request must be made by written or electronic notice. 5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started. Section 91D inserted 30 September 2020 section 32 Resource Management Amendment Act 2020 91E: When suspension of processing of non-notified application ceases 1: A consent authority must cease to suspend the processing of a non-notified application when— a: a request is received in accordance with this section; or b: the applicant lodges a notice of motion with the Environment Court under section 87G(2)(a) c: the Minister makes a direction under section 142(2) d: the consent authority decides under section 91F 2: The applicant may request the consent authority to cease to suspend the processing of a non-notified application if it is currently suspended. 3: The request must be made by written or electronic notice. 4: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased. Section 91E inserted 30 September 2020 section 32 Resource Management Amendment Act 2020 91F: Non-notified application may be returned after certain period 1: Subsection (2) applies if the processing of the non-notified application has been suspended for a total of 20 working days in response to 1 or more requests under section 91D 2: The consent authority must decide to— a: return the application to the applicant; or b: continue to process the application. 3: If the consent authority decides to return the application,— a: it must be returned together with a written explanation as to why it is being returned; but b: the applicant may object to the consent authority under section 357(3A) 4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application. Section 91F inserted 30 September 2020 section 32 Resource Management Amendment Act 2020 Further information 92: Further information, or agreement, may be requested 1: A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request 2: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply: a: the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and b: the applicant is notified before the authority commissions the report; and c: the applicant does not refuse, under section 92B(1) 3: The consent authority must notify the applicant, in writing, of its reasons for— a: requesting further information under subsection (1); or b: wanting to commission a report under subsection (2). 3A: The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if— a: the applicant refuses, under section 92A b: the applicant refuses, under section 92B 3B: The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office. 4: This section does not apply to reports prepared under section 42A 5: Section 92 replaced 1 August 2003 section 41 Resource Management Amendment Act 2003 Section 92 heading replaced 10 August 2005 section 52(1) Resource Management Amendment Act 2005 Section 92(1) amended 10 August 2005 section 52(2) Resource Management Amendment Act 2005 Section 92(2) replaced 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3) replaced 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3A) inserted 10 August 2005 section 52(3) Resource Management Amendment Act 2005 Section 92(3B) inserted 1 October 2009 section 73(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92(5) repealed 1 October 2009 section 73(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 92A: Responses to request 1: An applicant who receives a request under section 92(1) a: provide the information; or b: tell the consent authority in a written notice that the applicant agrees to provide the information; or c: tell the consent authority in a written notice that the applicant refuses to provide the information. 2: A consent authority that receives a written notice under subsection (1)(b) must— a: set a reasonable time within which the applicant must provide the information; and b: tell the applicant in a written notice the date by which the applicant must provide the information. 3: The consent authority must consider the application under section 104 a: does not respond to the request; or b: agrees to provide the information under subsection (1)(b) but does not do so; or c: refuses to provide the information under subsection (1)(c). 4: 5: 6: Section 92A inserted 10 August 2005 section 53 Resource Management Amendment Act 2005 Section 92A(3) replaced 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(4) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(5) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92A(6) repealed 1 October 2009 section 74 Resource Management (Simplifying and Streamlining) Amendment Act 2009 92B: Responses to notification 1: An applicant who receives a notification under section 92(2)(b) 2: The consent authority must consider the application under section 104 a: does not respond in accordance with subsection (1); or b: refuses to agree to the commissioning of the report. 3: 4: 5: Section 92B inserted 10 August 2005 section 53 Resource Management Amendment Act 2005 Section 92B(2) replaced 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(3) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(4) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 92B(5) repealed 1 October 2009 section 75 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Notification of applications Heading repealed 1 August 2003 section 41 Resource Management Amendment Act 2003 93: When public notification of consent applications is required Section 93 repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 94: When public notification of consent applications is not required Section 94 repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 94A: Forming opinion as to whether adverse effects are minor or more than minor Section 94A repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 94B: Forming opinion as to who may be adversely affected Section 94B repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 94C: Public notification if applicant requests or if special circumstances exist Section 94C repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 94D: When public notification and service requirements may be varied Section 94D repealed 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Public notification and limited notification of applications Heading inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 95: Time limit for public notification or limited notification 1: A consent authority must, within the time limit specified in subsection (2),— a: decide, in accordance with sections 95A 95B b: notify the application if it decides to do so. 2: The time limit is,— a: in the case of a fast-track application, 10 working days after the day the application is first lodged; and b: in the case of any other application, 20 working days after the day the application is first lodged. Section 95 replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017 95A: Public notification of consent applications 1: A consent authority must follow the steps set out in this section, in the order given, to determine whether to publicly notify an application for a resource consent. Step 1: mandatory public notification in certain circumstances 2: Determine whether the application meets any of the criteria set out in subsection (3) and,— a: if the answer is yes, publicly notify the application; and b: if the answer is no, go to step 2. 3: The criteria for step 1 are as follows: a: the applicant has requested that the application be publicly notified: b: public notification is required under section 95C c: the application is made jointly with an application to exchange recreation reserve land under section 15AA Step 2: if not required by step 1, public notification precluded in certain circumstances 4: Determine whether the application meets either of the criteria set out in subsection (5) and,— a: if the answer is yes, go to step 4 (step 3 does not apply); and b: if the answer is no, go to step 3. 5: The criteria for step 2 are as follows: a: the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes public notification: b: the application is for a resource consent for 1 or more of the following, but no other, activities: i: a controlled activity: ii: iii: a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity. iv: 6: Step 3: if not precluded by step 2, public notification required in certain circumstances 7: Determine whether the application meets either of the criteria set out in subsection (8) and,— a: if the answer is yes, publicly notify the application; and b: if the answer is no, go to step 4. 8: The criteria for step 3 are as follows: a: the application is for a resource consent for 1 or more activities, and any of those activities is subject to a rule or national environmental standard that requires public notification: b: the consent authority decides, in accordance with section 95D Step 4: public notification in special circumstances 9: Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,— a: if the answer is yes, publicly notify the application; and b: if the answer is no, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B Section 95A replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017 Section 95A(5)(b)(ii) repealed 30 September 2020 section 33(1) Resource Management Amendment Act 2020 Section 95A(5)(b)(iv) repealed 30 September 2020 section 33(1) Resource Management Amendment Act 2020 Section 95A(6) repealed 30 September 2020 section 33(2) Resource Management Amendment Act 2020 95B: Limited notification of consent applications 1: A consent authority must follow the steps set out in this section, in the order given, to determine whether to give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A Step 1: certain affected groups and affected persons must be notified 2: Determine whether there are any— a: affected protected customary rights groups; or b: affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity). 3: Determine— a: whether the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement made in accordance with an Act specified in Schedule 11 b: whether the person to whom the statutory acknowledgement is made is an affected person under section 95E 4: Notify the application to each affected group identified under subsection (2) and each affected person identified under subsection (3). Step 2: if not required by step 1, limited notification precluded in certain circumstances 5: Determine whether the application meets either of the criteria set out in subsection (6) and,— a: if the answer is yes, go to step 4 (step 3 does not apply); and b: if the answer is no, go to step 3. 6: The criteria for step 2 are as follows: a: the application is for a resource consent for 1 or more activities, and each activity is subject to a rule or national environmental standard that precludes limited notification: b: the application is for a controlled activity (but no other activities) that requires a resource consent under a district plan (other than a subdivision of land). Step 3: if not precluded by step 2, certain other affected persons must be notified 7: In the case of a boundary activity, determine in accordance with section 95E 8: In the case of any other activity, determine whether a person is an affected person in accordance with section 95E 9: Notify each affected person identified under subsections (7) and (8) of the application. Step 4: further notification in special circumstances 10: Determine whether special circumstances exist in relation to the application that warrant notification of the application to any other persons not already determined to be eligible for limited notification under this section (excluding persons assessed under section 95E a: if the answer is yes, notify those persons; and b: if the answer is no, do not notify anyone else. Section 95B replaced 18 October 2017 section 137 Resource Legislation Amendment Act 2017 Section 95B(6)(b) replaced 1 July 2020 section 34(1) Resource Management Amendment Act 2020 Section 95B(7) replaced 1 July 2020 section 34(2) Resource Management Amendment Act 2020 95C: Public notification of consent application after request for further information or report 1: A consent authority must publicly notify an application for a resource consent ( see section 95A(2) and (3) a: it has not already decided whether to give public or limited notification of the application; and b: subsection (2) or (3) applies. 2: This subsection applies if the consent authority requests further information on the application under section 92(1) a: does not provide the information before the deadline concerned; or b: refuses to provide the information. 3: This subsection applies if the consent authority notifies the applicant under section 92(2)(b) a: does not respond before the deadline concerned; or b: refuses to agree to the commissioning of the report. 4: This section applies despite any rule or national environmental standard that precludes public or limited notification of the application. Section 95C inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 95C(1) amended 18 October 2017 section 138 Resource Legislation Amendment Act 2017 95D: Consent authority decides if adverse effects likely to be more than minor A consent authority that is deciding, for the purpose of section 95A(8)(b) a: must disregard any effects on persons who own or occupy— i: the land in, on, or over which the activity will occur; or ii: any land adjacent to that land; and b: may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and c: in the case of a d: must disregard trade competition and the effects of trade competition; and e: must disregard any effect on a person who has given written approval to the relevant application. Section 95D inserted 1 October 2009 section 76 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 95D amended 18 October 2017 section 139(1) Resource Legislation Amendment Act 2017 Section 95D(c) amended 18 October 2017 section 139(2)(a) Resource Legislation Amendment Act 2017 Section 95D(c) amended 18 October 2017 section 139(2)(b) Resource Legislation Amendment Act 2017 95E: Consent authority decides if person is affected person 1: For the purpose of giving limited notification of an application for a resource consent for an activity to a person under section 95B(4) and (9) affected person 2: The consent authority, in assessing an activity's adverse effects on a person for the purpose of this section,— a: may disregard an adverse effect of the activity on the person if a rule or a national environmental standard permits an activity with that effect; and b: must, if the activity is a controlled activity or a restricted discretionary activity, disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule or a national environmental standard reserves control or restricts discretion; and c: must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11 3: A person is not an affected person in relation to an application for a resource consent for an activity if— a: the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or b: the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval. 4: Subsection (3) prevails over subsection (1). Section 95E replaced 18 October 2017 section 140 Resource Legislation Amendment Act 2017 95F: Meaning of affected A protected customary rights group is an affected protected customary rights group a: the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3 b: the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section. Section 95F replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 95F heading amended 18 October 2017 section 141(1) Resource Legislation Amendment Act 2017 Section 95F amended 18 October 2017 section 141(2) Resource Legislation Amendment Act 2017 95G: Meaning of affected A customary marine title group is an affected customary marine title group a: the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3 b: the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section. Section 95G inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 95G heading amended 18 October 2017 section 142(1) Resource Legislation Amendment Act 2017 Section 95G amended 18 October 2017 section 142(2) Resource Legislation Amendment Act 2017 Submissions on applications 96: Making submissions 1: If an application for a resource consent is publicly notified, a person described in subsection (2) may make a submission about it to the consent authority. 2: Any person may make a submission, but the person's right to make a submission is limited by section 308B section 308A 3: If an application for a resource consent is the subject of limited notification, a person described in subsection (4) may make a submission about it to the consent authority. 4: A person served with notice of the application may make a submission, but the person's right to make a submission is limited by section 308B section 308A 5: A submission must be in the prescribed form. 6: A submission must be served— a: on the consent authority within the time allowed by section 97 b: on the applicant as soon as is reasonably practicable after service on the consent authority. 7: A submission may state whether— a: it supports the application; or b: it opposes the application; or c: it is neutral. Section 96 replaced 1 October 2009 section 77 Resource Management (Simplifying and Streamlining) Amendment Act 2009 97: Time limit for submissions 1: This section specifies the closing date for serving submissions on a consent authority that has notified an application. 2: If public notification was given, the closing date is the 20th working day after the date of public notification. 3: If limited notification was given, the closing date is the 20th working day after the date of limited notification. 4: However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission. Section 97 replaced 3 March 2015 section 100 Resource Management Amendment Act 2013 98: Advice of submissions to applicant As soon as reasonably practicable after the closing date for submissions, the consent authority shall provide the applicant with a list of all submissions received by it. Pre-hearing meetings and mediation Heading amended 10 August 2005 section 57(1) Resource Management Amendment Act 2005 99: Pre-hearing meetings 1: A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following: a: each other or one another; and b: the authority; and c: anyone else whose presence at the meeting the authority considers appropriate. 2: The authority may invite or require persons to attend a meeting— a: either— i: at the request of 1 or more of the persons; or ii: on its own initiative; and b: only for the purpose of— i: clarifying a matter or issue; or ii: facilitating resolution of a matter or issue. 3: The authority may require persons to attend a meeting only with the consent of the person who made the application. 4: A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if— a: the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and b: all the persons at the meeting agree. 5: The chairperson of the meeting must, before the hearing, prepare a report that— a: does not include anything communicated or made available at the meeting on a without prejudice basis; and b: for the parties who attended the meeting,— i: sets out the issues that were agreed; and ii: sets out the issues that are outstanding; and c: for all the parties,— i: may set out the nature of the evidence that the parties are to call at the hearing; and ii: may set out the order in which the parties are to call the evidence at the hearing; and iii: may set out a proposed timetable for the hearing. 6: The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing. 7: The consent authority must have regard to the report in making its decision on the application. 8: If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline— a: to process the person's application; or b: to consider the person's submission. 9: If the consent authority declines, under subsection (8)(a), to process the person's application,— a: the person may not appeal under section 120 b: the person may object under section 357A 10: If the consent authority declines, under subsection (8)(b), to consider the person's submission, the person— a: may not appeal under section 120 i: the decision to decline to consider the submission; or ii: the decision on the application; and b: may not become under section 274 c: may object under section 357A Section 99 replaced 10 August 2005 section 57(2) Resource Management Amendment Act 2005 99A: Mediation 1: A consent authority may refer to mediation a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application. 2: The authority may exercise the power in subsection (1)— a: either— i: at the request of one of the persons; or ii: on its own initiative; and b: only with the consent of all the persons being referred; and c: only for the purpose of mediating between the persons on a matter or issue. 3: Mediation under this section must be conducted by— a: a person to whom the authority delegates, under section 34A b: a person whom the authority appoints to mediate, if the authority is the person who has made an application for a resource consent. 4: The person who conducts the mediation must report the outcome of the mediation to the consent authority. Section 99A inserted 10 August 2005 section 58 Resource Management Amendment Act 2005 Hearings 100: Obligation to hold a hearing A hearing need not be held in accordance with this Act in respect of an application for a resource consent a: the consent authority considers that a hearing is necessary; or b: either the applicant or a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that he or she does not wish to be heard. Section 100 amended 1 August 2003 section 95 Resource Management Amendment Act 2003 100A: Hearing by commissioner if requested by applicant or submitter 1: This section applies in relation to an application for a resource consent if— a: the application is notified; and b: in accordance with section 100 2: The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (4). 3: The request must be made no later than 5 working days after the closing date for submissions on the application. 4: If the local authority receives a request under subsection (2), it must delegate, under section 34A(1) Section 100A inserted 1 October 2009 section 78 Resource Management (Simplifying and Streamlining) Amendment Act 2009 101: Hearing date and notice 1: If a hearing of an application for a resource consent is to be held, the consent authority shall fix a commencement date and time, and the place, of the hearing. 2: If the application was not notified, the date for the commencement of the hearing must be within 35 working days after the date the application was first lodged with the consent authority. 2A: 3: The consent authority shall give at least 10 working days' notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to— a: the applicant; and b: every person who made a submission on the application stating his or her wish to be heard and who has not subsequently advised that he or she does not wish to be heard. 4: Where a joint hearing is to be held under section 102 Section 101(2) replaced 3 March 2015 section 101 Resource Management Amendment Act 2013 Section 101(2A) repealed 1 October 2009 section 79 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 101(4) amended 7 July 1993 section 51(3) Resource Management Amendment Act 1993 102: Joint hearings by 2 or more consent authorities 1: Where applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities shall jointly hear and consider those applications unless— a: all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and b: the applicant agrees that a joint hearing need not be held. 2: When a joint hearing is to be held, the regional council for the area concerned shall be responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible. 3: Where 2 or more consent authorities jointly hear applications for resource consents, they shall jointly decide those applications unless— a: any application is for a restricted coastal activity; or b: any of the consent authorities consider on reasonable grounds that it is not appropriate to do so. 4: Where 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3), they shall identify in their decision on those applications— a: their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and b: the manner in which administrative charges will be allocated between the consent authorities,— and any consent shall be issued by the relevant consent authority accordingly. 4A: Where 2 or more consent authorities separately decide applications, and all the consent authorities have agreed to grant a resource consent, they shall ensure any conditions to be imposed are not inconsistent with each other. 5: In any appeal under section 120 6: This section shall also apply to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal. 7: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A Section 102(4A) inserted 7 July 1993 section 52(1) Resource Management Amendment Act 1993 Section 102(6) inserted 7 July 1993 section 52(2) Resource Management Amendment Act 1993 Section 102(7) inserted 1 October 2009 section 80 Resource Management (Simplifying and Streamlining) Amendment Act 2009 103: Combined hearings in respect of 2 or more applications 1: Where 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that consent authority has decided to hear the applications, the consent authority shall hear and decide those applications together unless— a: the consent authority is of the opinion that the applications are sufficiently unrelated so that it is unnecessary to hear and decide the applications together; and b: the applicant agrees that a combined hearing need not be held. 2: This section shall also apply to any other matter the consent authority is empowered to decide or recommend on under this Act in relation to the same proposal. 3: If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A Section 103(2) inserted 7 July 1993 section 53 Resource Management Amendment Act 1993 Section 103(3) inserted 1 October 2009 section 81 Resource Management (Simplifying and Streamlining) Amendment Act 2009 103A: Time limit for completion of hearing of notified application 1: This section applies to a hearing of an application for a resource consent that was notified. 2: If public notification was given, the hearing must be completed no later than 75 working days after the closing date for submissions on the application. 3: If limited notification was given, the hearing must be completed no later than 45 working days after the closing date for submissions on the application. Section 103A replaced 3 March 2015 section 102 Resource Management Amendment Act 2013 103B: Requirement to provide report and other evidence before hearing 1: This section applies to a hearing of an application for a resource consent that was notified. 2: The consent authority must provide the following (the authority's evidence a: a copy of any written report prepared under section 42A(1) b: briefs of any other evidence to be called by the authority. 3: The applicant must provide briefs of evidence (the applicant's evidence 4: A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence 5: The consent authority must make the following available at its office to the persons specified: a: the authority's evidence, to any person who made a submission and did not state a wish to be heard: b: the applicant's evidence, to any person who made a submission: c: any submitter's evidence, to any other person who made a submission. 6: The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is made available. 7: This section overrides sections 41B 42A(3) to (5) Section 103B inserted 3 March 2015 section 102 Resource Management Amendment Act 2013 Decisions 104: Consideration of applications 1: When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 and section 77M a: any actual and potential effects on the environment of allowing the activity; and ab: any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and b: any relevant provisions of— i: a national environmental standard: ii: other regulations: iii: a national policy statement: iv: a New Zealand coastal policy statement: v: a regional policy statement or proposed regional policy statement: vi: a plan or proposed plan; and c: any other matter the consent authority considers relevant and reasonably necessary to determine the application. 2: When forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or 2A: When considering an application affected by section 124 or 165ZH(1)(c) 2B: When considering a resource consent application for an activity in an area within the scope of a planning document prepared by a customary marine title group under section 85 2C: Subsection (2B) applies until such time as the regional council, in the case of a consent authority that is a regional council, has completed its obligations in relation to its regional planning documents under section 93 2D: When considering a resource consent application that relates to a wastewater network, as defined in section 5 a: must not grant the consent contrary to a wastewater environmental performance standard made under section 138 b: must include, as a condition of granting the consent, requirements that are no less restrictive than is necessary to give effect to the wastewater environmental performance standard. 3: A consent authority must not, a: when considering an application, have regard to— i: trade competition or the effects of trade competition; or ii: any effect on a person who has given written approval to the application: b: c: grant a resource consent contrary to— i: section 107 107A 217 ii: an Order in Council in force under section 152 iii: any regulations: iv: wāhi tapu conditions included in a customary marine title order or agreement: v: section 55(2) d: grant a resource consent if the application should have been 3A: See also section 103(3) section 9 4: A consent authority considering an application must ignore subsection (3)(a)(ii) if the person withdraws the approval in a written notice received by the consent authority before the date of the hearing, if there is one, or, if there is not, before the application is determined. 5: A consent authority may grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for. 6: A consent authority may decline an application for a resource consent on the grounds that it has inadequate information to determine the application. 7: In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available. Section 104 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104(1) amended 21 December 2021 section 13 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 104(1)(ab) inserted 18 October 2017 section 143 Resource Legislation Amendment Act 2017 Section 104(1)(b) replaced 1 October 2009 section 83(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(2) amended 1 October 2009 section 83(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(2A) inserted 10 August 2005 section 59 Resource Management Amendment Act 2005 Section 104(2A) amended 1 October 2011 section 23(1) Resource Management Amendment Act (No 2) 2011 Section 104(2B) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(2B) amended 4 September 2013 section 17 Resource Management Amendment Act 2013 Section 104(2C) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(2D) inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 104(3) amended 1 October 2009 section 83(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)(a) replaced 1 October 2009 section 83(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)(b) repealed 1 October 2009 section 83(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3)(c) replaced 17 January 2005 section 24 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 104(3)(c)(i) replaced 28 September 2008 section 6 Resource Management Amendment Act 2008 Section 104(3)(c)(i) amended 1 October 2011 section 23(2) Resource Management Amendment Act (No 2) 2011 Section 104(3)(c)(iv) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(3)(c)(v) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 104(3)(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(3A) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 104(4) replaced 1 October 2009 section 83(5) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(6) inserted 1 October 2009 section 83(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104(7) inserted 1 October 2009 section 83(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009 104A: Determination of applications for controlled activities After considering an application for a resource consent for a controlled activity, a consent authority— a: must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and b: may impose conditions on the consent under section 108 i: over which control is reserved in national environmental standards or other regulations; or ii: over which it has reserved its control in its plan or proposed plan. Section 104A inserted 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104A(a) replaced 10 August 2005 section 60 Resource Management Amendment Act 2005 Section 104A(b) replaced 1 October 2009 section 84 Resource Management (Simplifying and Streamlining) Amendment Act 2009 104B: Determination of applications for discretionary or non-complying activities After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority— a: may grant or refuse the application; and b: if it grants the application, may impose conditions under section 108 Section 104B inserted 1 August 2003 section 44 Resource Management Amendment Act 2003 104C: Determination of applications for restricted discretionary activities 1: When considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which— a: a discretion is restricted in national environmental standards or other regulations: b: it has restricted the exercise of its discretion in its plan or proposed plan. 2: The consent authority may grant or refuse the application. 3: However, if it grants the application, the consent authority may impose conditions under section 108 a: a discretion is restricted in national environmental standards or other regulations: b: it has restricted the exercise of its discretion in its plan or proposed plan. Section 104C replaced 1 October 2009 section 85 Resource Management (Simplifying and Streamlining) Amendment Act 2009 104D: Particular restrictions for non-complying activities 1: Despite any decision made for the purpose of notification in relation to adverse effects a: the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) b: the application is for an activity that will not be contrary to the objectives and policies of— i: the relevant plan, if there is a plan but no proposed plan in respect of the activity; or ii: the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or iii: both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity. 2: To avoid doubt, section 104(2) Section 104D inserted 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 104D(1) amended 18 October 2017 section 144 Resource Legislation Amendment Act 2017 Section 104D(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 104D(1)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Decisions on applications relating to discharge of greenhouse gases Heading repealed 4 September 2013 section 18 Resource Management Amendment Act 2013 104E: Applications relating to discharge of greenhouse gases Section 104E repealed 30 November 2022 section 35 Resource Management Amendment Act 2020 104F: Implementation of national environmental standards Section 104F repealed 30 November 2022 section 36 Resource Management Amendment Act 2020 104G: Consideration of activities affecting drinking water supply source water When considering an application for a resource consent, the consent authority must have regard to— a: the actual or potential effect of the proposed activity on the source of a drinking water supply that is registered under section 55 b: any risks that the proposed activity may pose to the source of a drinking water supply that are identified in a source water risk management plan prepared in accordance with the requirements of the Water Services Act 2021 Section 104G inserted 15 November 2021 section 206(1) Water Services Act 2021 105: Matters relevant to certain applications 1: If an application is for a discharge permit or coastal permit to do something that would contravene section 15 section 15B section 104(1) a: the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and b: the applicant's reasons for the proposed choice; and c: any possible alternative methods of discharge, including discharge into any other receiving environment. 2: If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1) section 108(2)(g) Section 105 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003 106: Consent authority may refuse subdivision consent in certain circumstances 1: A a: there is a significant risk from natural hazards; or b: c: sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision. 1A: For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of— a: the likelihood of natural hazards occurring (whether individually or in combination); and b: the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and c: any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b). 2: Conditions under subsection (1) must be— a: for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and b: of a type that could be imposed under section 108 Section 106 replaced 1 August 2003 section 44 Resource Management Amendment Act 2003 Section 106(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 106(1)(a) replaced 18 October 2017 section 145(1) Resource Legislation Amendment Act 2017 Section 106(1)(b) repealed 18 October 2017 section 145(1) Resource Legislation Amendment Act 2017 Section 106(1A) inserted 18 October 2017 section 145(2) Resource Legislation Amendment Act 2017 107: Restriction on grant of certain discharge permits 1: Except as provided in subsection (2), a consent authority shall not grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A a: the discharge of a contaminant or water into water; or b: a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or ba: the dumping in the coastal marine area from any ship, aircraft, or offshore installation of any waste or other matter that is a contaminant,— if, after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water), is likely to give rise to all or any of the following effects in the receiving waters: c: the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials: d: any conspicuous change in the colour or visual clarity: e: any emission of objectionable odour: f: the rendering of fresh water unsuitable for consumption by farm animals: g: any significant adverse effects on aquatic life. 2: A consent authority may grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A a: that exceptional circumstances justify the granting of the permit; or b: that the discharge is of a temporary nature; or c: that the discharge is associated with necessary maintenance work— and that it is consistent with the purpose of this Act to do so. 3: In addition to any other conditions imposed under this Act, a discharge permit or coastal permit may include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of subsection (1) and of any relevant regional rules. Section 107(1) amended 20 August 1998 section 14(2) Resource Management Amendment Act 1994 Section 107(1) amended 7 July 1993 section 57(1) Resource Management Amendment Act 1993 Section 107(1)(b) replaced 20 August 1998 section 14(1) Resource Management Amendment Act 1994 Section 107(1)(ba) inserted 20 August 1998 section 14(1) Resource Management Amendment Act 1994 Section 107(2) replaced 17 December 1997 section 23(1) Resource Management Amendment Act 1997 Section 107(2) amended 20 August 1998 section 14(2) Resource Management Amendment Act 1994 Section 107(3) replaced 7 July 1993 section 57(4) Resource Management Amendment Act 1993 107A: Restrictions on grant of resource consents Section 107A repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 107B: Provision for certain infrastructure works and related operations Section 107B repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 107C: Circumstances when written approval for resource consent required from holder of customary rights order Section 107C repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 107D: Process to apply if grant of resource consent has effect of cancelling customary rights order Section 107D repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Decisions on applications relating to non-aquaculture activities Heading repealed 1 October 2011 section 24 Resource Management Amendment Act (No 2) 2011 107E: Decision on application to undertake non-aquaculture activity in aquaculture management area Section 107E repealed 1 October 2011 section 25 Resource Management Amendment Act (No 2) 2011 107F: Applications to undertake aquaculture activities 1: This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2), including an application under subpart 4 2: This section does not apply to an application that relates to— a: an area— i: that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10 20 21 ii: where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or b: an area that is or was subject to the coastal permit referred to in section 20A c: an area in a gazetted aquaculture area within the meaning of section 35 3: The consent authority must take the following actions: a: unless the application is returned under section 88(3A) b: if information or a report is obtained in relation to the application under section 41C 42A 92 149 c: if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received. 4: For the purposes of subsection (3)(c), in the case of a concurrent application made under subpart 4 Section 107F inserted 1 October 2011 section 26 Resource Management Amendment Act (No 2) 2011 Section 107F(3)(a) amended 3 March 2015 section 103 Resource Management Amendment Act 2013 108: Conditions of resource consents 1: Except as expressly provided in this section and subject to section 108AA 2: A resource consent may include any 1 or more of the following conditions: a: subject to subsection (10), a condition requiring that a financial contribution be made: b: a condition requiring provision of a bond (and describing the terms of that bond) in accordance with section 108A c: a condition requiring that services or works, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource, be provided: d: in respect of any resource consent (other than a subdivision consent), a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates): e: subject to subsection (8), in respect of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 section 15B f: in respect of a subdivision consent, any condition described in section 220 section 87A(2)(b) or (3)(a) g: in respect of any resource consent for reclamation granted by the relevant consent authority, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10 h: in respect of any coastal permit to occupy any part of the common marine and coastal area i: detailing the extent of the exclusion of other persons: ii: specifying any coastal occupation charge. 3: A consent authority may include as a condition of a resource consent a requirement that the holder of a resource consent supply to the consent authority information relating to the exercise of the resource consent. 4: Without limiting subsection (3), a condition made under that subsection may require the holder of the resource consent to do 1 or more of the following: a: to make and record measurements: b: to take and supply samples: c: to carry out analyses, surveys, investigations, inspections, or other specified tests: d: to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner: e: to provide information to the consent authority at a specified time or times: f: to provide information to the consent authority in a specified manner: g: to comply with the condition at the holder of the resource consent's expense. 5: Any conditions of a kind referred to in subsection (3) that were made before the commencement of this subsection, and any action taken or decision made as a result of such a condition, are hereby declared to be, and to have always been, as valid as they would have been if subsections (3) and (4) had been included in this Act when the conditions were made, or the action was taken, or the decision was made. 6: 7: Any condition under subsection (2)(d) 8: Before deciding to grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B (2)(e) a: the nature of the discharge and the receiving environment; and b: other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment— the inclusion of that condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment. 9: In this section, financial contribution a: money; or b: land, including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Maori land within the meaning of Te Ture Whenua Maori Act 1993 c: a combination of money and land. 10: A consent authority must not include a condition in a resource consent requiring a financial contribution unless— a: the condition is imposed in accordance with the purposes specified in the plan or proposed plan b: the level of contribution is determined in the manner described in the plan or proposed plan Section 108(1) replaced 17 December 1997 section 24(1) Resource Management Amendment Act 1997 Section 108(1) amended 18 October 2017 section 146 Resource Legislation Amendment Act 2017 Section 108(2) replaced 17 December 1997 section 24(1) Resource Management Amendment Act 1997 Section 108(2)(b) replaced 1 August 2003 section 45(1) Resource Management Amendment Act 2003 Section 108(2)(f) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 108(2)(h) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 108(3) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(4) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(5) replaced 7 July 1993 section 58(6) Resource Management Amendment Act 1993 Section 108(6) repealed 1 August 2003 section 45(3) Resource Management Amendment Act 2003 Section 108(7) amended 17 December 1997 section 24(3) Resource Management Amendment Act 1997 Section 108(8) amended 20 August 1998 section 24(4)(a) Resource Management Amendment Act 1997 Section 108(8) amended 17 December 1997 section 24(4)(b) Resource Management Amendment Act 1997 Section 108(9) replaced 17 December 1997 section 24(5) Resource Management Amendment Act 1997 Section 108(10) inserted 17 December 1997 section 24(5) Resource Management Amendment Act 1997 Section 108(10)(a) amended 1 August 2003 section 45(4) Resource Management Amendment Act 2003 Section 108(10)(b) amended 1 August 2003 section 45(5) Resource Management Amendment Act 2003 108AA: Requirements for conditions of resource consents 1: A consent authority must not include a condition in a resource consent for an activity unless— a: the applicant for the resource consent agrees to the condition; or b: the condition is directly connected to 1 or more of the following: i: an adverse effect of the activity on the environment: ii: an applicable district or regional rule, or a national environmental standard: iii: a wastewater environmental performance standard made under section 138 c: the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent. 2: Subsection (1) does not limit this Act or regulations made under it. 3: This section does not limit section 77A 106 220 4: For the purpose of this section, a district or regional rule or a national environmental standard is applicable 5: Nothing in this section affects section 108(2)(a) Section 108AA inserted 18 October 2017 section 147 Resource Legislation Amendment Act 2017 Section 108AA(1)(b) replaced 15 November 2021 section 206(1) Water Services Act 2021 108A: Bonds 1: A bond required under section 108(2)(b) a: a condition relating to the alteration or removal of structures: b: a condition relating to remedial, restoration, or maintenance work: c: a condition providing for ongoing monitoring of long-term effects. 2: A condition describing the terms of the bond to be entered into under section 108(2)(b) a: require that the bond be given before the resource consent is exercised or at any other time: b: require that section 109(1) c: provide that the liability of the holder of the resource consent be not limited to the amount of the bond: d: require the bond to be given to secure performance of conditions of the consent including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent: e: require the holder of the resource consent to provide such security as the consent authority thinks fit for the performance of any condition of the bond: f: require the holder of the resource consent to provide a guarantor (acceptable to the consent authority) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy: g: provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the consent authority. 3: If a consent authority considers that an adverse effect may continue or arise at any time after the expiration of a resource consent granted by it, the consent authority may require that a bond continue for a specified period that the consent authority thinks fit. Section 108A inserted 1 August 2003 section 46 Resource Management Amendment Act 2003 109: Special provisions in respect of bonds or covenants 1: Every bond given under section 108A section 108(2)(d) a: shall be deemed to be an instrument creating an interest in the land within the meaning of section 51 b: when registered under the Land Transfer Act 2017 section 103 2: Where any such bond or covenant has been registered under the Land Transfer Act 2017 Registrar-General of Land 3: Where any bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the consent authority, the consent authority may from time to time, under section 171 4: Where the holder fails, within the period prescribed by the resource consent (or within such further period as the consent authority may allow), to complete, to the satisfaction of the consent authority, any work in respect of which any bond is given (including completion of any interim monitoring required) a: the consent authority may enter on the land and complete the work and recover the cost thereof from the holder out of any money or securities deposited with the consent authority or money paid by a guarantor, so far as the money or securities will extend; and b: on completion of the work to the satisfaction of the consent authority, any money or securities remaining in the hands of the consent authority after payment of the cost of the works shall be returned to the holder or the guarantor, as the case may be. 5: Where the cost of any work done by the consent authority under subsection (4) exceeds the amount recovered by the consent authority under that subsection, the amount of that excess shall be a debt due to the consent authority by the holder, and shall thereupon be a charge on the land. 6: The provisions of Part 12 Section 109(1) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 109(1) amended 17 December 1997 section 25(b) Resource Management Amendment Act 1997 Section 109(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 109(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 109(4) amended 1 August 2003 section 47 Resource Management Amendment Act 2003 110: Refund of money and return of land where activity does not proceed 1: Subject to subsection (2), where— a: a resource consent includes a condition under section 108(2)(a) b: that resource consent lapses under section 125 section 126 section 138 c: the activity in respect of which the resource consent was granted does not proceed,— the consent authority shall refund or return to the consent holder, or his or her personal representative, any financial contribution paid or land set aside under section 108(2)(a) 2: A consent authority may retain any portion of a financial contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the consent authority in relation to the activity and its discontinuance. Section 110(1) amended 17 December 1997 section 26 Resource Management Amendment Act 1997 Section 110(1) amended 7 July 1993 section 59 Resource Management Amendment Act 1993 Section 110(1)(a) amended 17 December 1997 section 26 Resource Management Amendment Act 1997 Section 110(1)(a) amended 7 July 1993 section 59 Resource Management Amendment Act 1993 111: Use of financial contributions Where a consent authority has received a cash contribution under section 108(2)(a) Section 111 amended 1 July 2003 section 262 Local Government Act 2002 Section 111 amended 17 December 1997 section 27 Resource Management Amendment Act 1997 Section 111 amended 7 July 1993 section 60 Resource Management Amendment Act 1993 112: Obligation to pay rent and royalties deemed condition of consent 1: In every coastal permit authorising the holder to— a: b: remove any sand, shingle, shell, section 12(4) there shall be implied a condition that the holder shall at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown,— c: where the permit was permitted to be granted by virtue of an authorisation granted under section 161 d: any sum of money required to be paid by any regulation made under section 360(1)(c) 2: In every water permit granted to do something that would otherwise contravene section 14(2)(c) section 360(1)(c) 3: Where an activity specified in subsection (1) or subsection (2) is a permitted activity in a plan, there shall be implied as a condition in the plan that the person undertaking the activity shall at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)(c) Section 112 heading amended 17 December 1997 section 28 Resource Management Amendment Act 1997 Section 112(1)(a) repealed 17 December 1997 section 28 Resource Management Amendment Act 1997 Section 112(1)(b) amended 7 July 1993 section 61(1) Resource Management Amendment Act 1993 Section 112(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 112(3) inserted 7 July 1993 section 61(2) Resource Management Amendment Act 1993 113: Decisions on applications to be in writing, etc 1: Every decision on an application for a resource consent that is notified a: the reasons for the decision; and aa: the relevant statutory provisions that were considered by the consent authority; and ab: any relevant provisions of the following that were considered by the consent authority: i: a national environmental standard: ia: a national policy statement: ii: a New Zealand coastal policy statement: iii: a regional policy statement: iv: a proposed regional policy statement: v: a plan: vi: a proposed plan; and ac: the principal issues that were in contention; and ad: a summary of the evidence heard; and ae: the main findings on the principal issues that were in contention b: in a case where a resource consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration. 2: Without limiting subsection (1), in a case where a resource consent is granted which, when exercised, is likely to allow any of the effects described in section 107(1)(c) to (g) 3: A decision prepared under subsection (1) may,— a: instead of repeating material, cross-refer to all or a part of— i: the assessment of environmental effects provided by the applicant concerned: ii: any report prepared under section 41C 42A 92 b: adopt all or a part of the assessment or report, and cross-refer to the material accordingly. 4: Every decision on an application for a resource consent that is not notified must be in writing and state the reasons for the decision. Section 113(1) amended 1 October 2009 section 86(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)(aa) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)(ab) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)(ab)(i) replaced 1 October 2009 section 86(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)(ab)(ia) inserted 1 October 2009 section 86(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(1)(ac) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)(ad) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)(ae) inserted 10 August 2005 section 62 Resource Management Amendment Act 2005 Section 113(1)(ae) amended 1 October 2009 section 86(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(2) inserted 7 July 1993 section 62 Resource Management Amendment Act 1993 Section 113(3) inserted 1 October 2009 section 86(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 113(4) inserted 1 October 2009 section 86(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 114: Notification 1: A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant. 2: A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on— a: persons who made a submission; and b: other persons and authorities that it considers appropriate. 3: If the consent authority serves a notice summarising a decision, it must— a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and b: include with the notice a statement of the places where a copy of the decision is available; and c: send or provide, on request, a copy of the decision within 3 working days after the request is received. 4: If the decision is to grant an application that section 107F a: send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry of Fisheries: b: advise the applicant that— i: the decision is still subject to an aquaculture decision by the chief executive of the Ministry of Fisheries under the Fisheries Act 1996 ii: the consent may commence only in accordance with section 116A c: if there is no appeal relating to the decision, or following completion of any such appeal,— i: send a copy of the final decision to the chief executive of the Ministry of Fisheries; and ii: request an aquaculture decision from the chief executive under the Fisheries Act 1996 5: If a consent authority forwards, at the same time, 2 or more decisions to the chief executive of the Ministry of Fisheries under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received. 6: Subsection (4) does not apply if the decision relates to an application for a change or cancellation of the conditions of a consent under section 127 section 132 section 165ZH a: that consent had conditions specified under section 186H(3) b: the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision. 7: For the purpose of subsection (4), in the case of a concurrent application made under subpart 4 a: paragraphs (a) and (b) of that subsection are to be performed by the EPA; and b: paragraph (c) of that subsection are to be performed by the consent authority. 8: If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA a: the resource consent is subject to a decision by the administering body on the application to exchange the recreation reserve land; and b: the decision on the exchange will be made under section 15AA c: the resource consent will not commence until the date determined under section 116B Section 114 replaced 1 August 2003 section 48 Resource Management Amendment Act 2003 Section 114(4) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(5) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(6) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(7) inserted 1 October 2011 section 27 Resource Management Amendment Act (No 2) 2011 Section 114(8) inserted 19 April 2017 section 188(8) Resource Legislation Amendment Act 2017 115: Time limits for notification of decision 1: Notice of a decision on an application for a resource consent must be given under section 114 2: If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing. 3: If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the authority. 4: If the application was notified and a hearing is not held, notice of the decision must be given within 20 working days after the closing date for submissions on the application. 4A: Despite anything else in this section, if the application is a fast-track application, notice of the decision must be given within 10 working days after the date the application was first lodged with the authority. 5: Section 115 replaced 1 October 2009 section 87 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 115(4A) inserted 18 October 2017 section 148 Resource Legislation Amendment Act 2017 Section 115(5) repealed 3 March 2015 section 104 Resource Management Amendment Act 2013 116: When a resource consent commences 1: Except as provided in subsections (1A), (2), (4), and (5) or sections 116A 116B a: when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or b: when the Environment Court unless the resource consent states a later date Environment Court 1A: A resource consent that has been granted— a: for a non-notified application; or b: for a notified application where the time for lodging submissions has expired and either— i: no submissions are received; or ii: all submissions received are withdrawn before a decision is made— commences section 114 applies, or an objection has been made under section 357A 1AB: If an objection has been made under section 357A section 358 2: A resource consent to which section 89(2) a: in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 355(3) b: in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 245(5) 3: 4: Where the Environment Court grants a resource consent under section 87G 149U 5: Where a board of inquiry grants a resource consent under section 149R 6: If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) Section 116(1) amended 19 April 2017 section 188(9) Resource Legislation Amendment Act 2017 Section 116(1) amended 1 October 2011 section 28 Resource Management Amendment Act (No 2) 2011 Section 116(1) amended 1 October 2009 section 88(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 116(1) amended 7 July 1993 section 64(1)(a) Resource Management Amendment Act 1993 Section 116(1) amended 7 July 1993 section 64(1)(b) Resource Management Amendment Act 1993 Section 116(1)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 116(1A) inserted 7 July 1993 section 64(2) Resource Management Amendment Act 1993 Section 116(1A) amended 1 October 2009 section 88(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(1A) amended 10 August 2005 section 63 Resource Management Amendment Act 2005 Section 116(1A) amended 1 August 2003 section 50(1) Resource Management Amendment Act 2003 Section 116(1AB) inserted 1 August 2003 section 50(2) Resource Management Amendment Act 2003 Section 116(1AB) amended 10 August 2005 section 63 Resource Management Amendment Act 2005 Section 116(3) repealed 1 October 2009 section 88(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(4) inserted 1 October 2009 section 88(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(5) inserted 1 October 2009 section 88(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 116(6) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 116A: When coastal permit for aquaculture activities may commence 1: A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section. 2: If the chief executive of the Ministry of Fisheries makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H a: amend the permit, if necessary, to note any conditions specified under section 186H(3) b: notify the applicant that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this paragraph, or, if the permit specifies a later commencement date, on that date. 3: If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H a: amend the permit to remove the areas affected by the reservation: b: provide the applicant with a copy of the amended permit: c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant. 4: If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H a: amend the permit to show the areas affected by the reservation: b: provide the applicant with a copy of the amended permit: c: notify the applicant that the permit will not commence in the area affected by the reservation, unless— i: an aquaculture agreement is registered in accordance with section 186ZH ii: a compensation declaration has been registered under section 186ZHA 5: If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH 186ZHA a: amend the permit so that it no longer shows the areas affected by the reservation: b: provide the applicant with a copy of the amended permit: c: notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date. 6: If subsection (5) applies, then for the purposes of section 125(1)(b) 7: If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK a: amend the permit to remove the areas affected by the reservation: b: provide the applicant with a copy of the amended permit: c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant. 8: If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant. 9: Subsections (3) and (7) apply even if the permit was granted under section 104A 10: In the case of a concurrent application made under subpart 4 Section 116A inserted 1 October 2011 section 29 Resource Management Amendment Act (No 2) 2011 116B: When resource consent commences if subject to grant of application to exchange recreation reserve land If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA a: the consent authority must notify the applicant when the procedures in sections 15 15AA b: the resource consent commences on— i: the date of the notification under paragraph (a); or ii: any later date that is specified in the notification. Section 116B inserted 19 April 2017 section 188(10) Resource Legislation Amendment Act 2017 Restricted coastal activities 117: Application to carry out restricted coastal activity 1: An application for a coastal permit to carry out an activity that a regional coastal plan describes as a restricted coastal activity must be made to the regional council for the region concerned, except if the application is made to the EPA under section 145 2: The regional council is the consent authority in relation to the application for the coastal permit. 3: Any provisions of this Act that apply in relation to an application for a resource consent apply in relation to the application for the coastal permit, except as provided in this section. 4: The consent authority must, after receiving the application, promptly provide a copy of it to the Minister of Conservation and the relevant territorial authority. 5: The consent authority must publicly notify the application. 6: Section 100A 7: The consent authority must delegate, under section 34A section 34A(1) 8: The consent authority must ensure that a notice of its decision on the application is served on the Minister of Conservation under section 114 Section 117 replaced 1 October 2009 section 89 Resource Management (Simplifying and Streamlining) Amendment Act 2009 118: Recommendation of hearing committee Section 118 repealed 1 October 2009 section 90 Resource Management (Simplifying and Streamlining) Amendment Act 2009 119: Decision on application for restricted coastal activity Section 119 repealed 1 October 2009 section 90 Resource Management (Simplifying and Streamlining) Amendment Act 2009 119A: Coastal permit for restricted coastal activity treated as if granted by regional council 1: Subsection (3) applies to a coastal permit for a restricted coastal activity granted at any time by the Minister of Conservation for a coastal marine area within the region of a regional council. 2: If subsection (3) applies to a coastal permit, it applies on and from the later of— a: 1 October 2009; or b: the date that the coastal permit is granted. 3: The coastal permit is to be treated as if— a: it were granted by the regional council; and b: the regional council were the consent authority in relation to the coastal permit on and from the date it was granted. Section 119A replaced 1 October 2009 section 91 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Appeals 120: Right to appeal 1: Any 1 or more of the following persons may appeal to the Environment Court section 121 a: the applicant or consent holder: b: any person who made a submission on the application or review of consent conditions: c: in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation. 1A: However, there is no right of appeal under this section against the whole or any part of a decision of a consent authority referred to in subsection (1) to the extent that the decision relates to a boundary activity, unless the boundary activity is a non-complying activity. 1B: A person exercising a right of appeal under subsection (1)(b) may appeal— a: any matter that was raised in the person’s submission except any part of the submission that is struck out under section 41D b: any matter that was not raised in the person’s submission. 2: This section is in addition to the rights provided for in sections 357A 357AB 357C 357D provide Section 120(1) amended 1 October 2009 section 92(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 120(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 120(1)(c) inserted 1 October 2009 section 92(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 120(1A) replaced 30 September 2020 section 37(1) Resource Management Amendment Act 2020 Section 120(1B) replaced 1 July 2020 section 37(2) Resource Management Amendment Act 2020 Section 120(2) inserted 7 July 1993 section 68(2) Resource Management Amendment Act 1993 Section 120(2) amended 18 October 2017 section 149(2) Resource Legislation Amendment Act 2017 Section 120(2) amended 10 August 2005 section 65 Resource Management Amendment Act 2005 121: Procedure for appeal 1: Notice of an appeal under section 120 a: state the reasons for the appeal and the relief sought; and b: state any matters required by regulations; and c: be lodged with the Environment Court 2: The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in section 120 Environment Court 3: Section 121(1)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 121(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 121(3) repealed 1 October 2009 section 93 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Nature of resource consent 122: Consents not real or personal property 1: A resource consent is neither real nor personal property. 2: Except as expressly provided otherwise in the conditions of a consent,— a: on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and b: on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and c: a consent shall be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988 3: The holder of a resource consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder. 4: Subject to the provisions of this Act, and in particular to subsection (3), the Personal Property Securities Act 1999 a: the resource consent were goods within the meaning of that Act; and b: the resource consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts). 5: Except to the extent— a: that the coastal permit expressly provides otherwise; and b: that is reasonably necessary to achieve the purpose of the coastal permit,— no coastal permit shall be regarded as— c: an authority for the holder to occupy a coastal marine area d: conferring on the holder the same rights in relation to the use and occupation of the area against those persons as if he or she were a tenant or licensee of the land. 6: Except to the extent— a: that the consent expressly provides otherwise; and b: that is reasonably necessary to achieve the purpose of the consent,— no coastal permit shall be regarded as an authority for the holder to remove sand, shingle, shell, Section 122(4) replaced 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 122(5)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 122(6) amended 7 July 1993 section 70 Resource Management Amendment Act 1993 Duration of consent 123: Duration of consent Except as provided in section 123A 125 a: the period for which a coastal permit for a reclamation, or a land use consent in respect of a reclamation that would otherwise contravene section 13 b: subject to paragraph (c), the period for which any other land use consent, or a subdivision consent, is granted is unlimited, unless otherwise specified in the consent: c: the period for which any other coastal permit, or any other land use consent to do something that would otherwise contravene section 13 section 116 d: the period for which any other resource consent is granted is the period (not exceeding 35 years from the date of granting) specified in the consent and, if no such period is specified, is 5 years from the date of commencement of the consent under section 116 Section 123 amended 1 October 2011 section 30 Resource Management Amendment Act (No 2) 2011 123A: Duration of consent for aquaculture activities 1: A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted. 2: The period specified under subsection (1) must be not less than 20 years from the date of commencement of the consent under section 116A a: the applicant has requested a shorter period; or b: a shorter period is required to ensure that adverse effects on the environment are adequately managed ; or c: a national environmental standard expressly allows a shorter period. 3: The period specified under subsection (1) must be not more than 35 years from the date of commencement of the consent under section 116A 4: This section applies subject to section 125 Section 123A inserted 1 October 2011 section 31 Resource Management Amendment Act (No 2) 2011 Section 123A(2)(b) amended 19 April 2017 section 77(1) Resource Legislation Amendment Act 2017 Section 123A(2)(c) inserted 19 April 2017 section 77(2) Resource Legislation Amendment Act 2017 124: Exercise of resource consent while applying for new consent 1: Subsection (3) applies when— a: a resource consent is due to expire; and b: the holder of the consent applies for a new consent for the same activity; and c: the application is made to the appropriate consent authority; and d: the application is made at least 6 months before the expiry of the existing consent. 2: Subsection (3) also applies when— a: a resource consent is due to expire; and b: the holder of the consent applies for a new consent for the same activity; and c: the application is made to the appropriate consent authority; and d: the application is made in the period that— i: begins 6 months before the expiry of the existing consent; and ii: ends 3 months before the expiry of the existing consent; and e: the authority, in its discretion, allows the holder to continue to operate. 3: The holder may continue to operate under the existing consent until— a: a new consent is granted and all appeals are determined; or b: a new consent is declined and all appeals are determined. 4: This section does not apply to an application to which section 165ZH Section 124 replaced 10 August 2005 section 66 Resource Management Amendment Act 2005 Section 124(4) inserted 1 October 2011 section 32 Resource Management Amendment Act (No 2) 2011 124A: When sections 124B and 124C apply and when they do not apply 1: Sections 124B 124C section 124 2: Sections 124B 124C section 124 a: they apply if, when the application is made,— i: the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and ii: the relevant plan does not expressly say that sections 124A to 124C do not apply; and b: they apply to the extent to which the amount of the resource sought by a person described in section 124B(1)(a) and (b) i: is allocated to the same type of activity; and ii: is left after the deduction of every amount allocated to every other existing resource consent. 3: Sections 124B 124C section 124 Section 124A inserted 9 August 2008 section 67 Resource Management Amendment Act 2005 124B: Applications by existing holders of resource consents 1: This section applies when— a: a person holds an existing resource consent to undertake an activity under any of sections 12 13 14 15 b: the person makes an application affected by section 124 c: the consent authority receives 1 or more other applications for a resource consent that— i: are to undertake an activity using some or all of the natural resource to which the existing consent relates; and ii: could not be fully exercised until the expiry of the existing consent. 2: The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c). 3: The consent authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c). 4: The consent authority must determine an application described in subsection (1)(b) by applying all the relevant provisions of this Act and the following criteria: a: the efficiency of the person's use of the resource; and b: the use of industry good practice by the person; and c: if the person has been served with an enforcement order not later cancelled under section 321 section 338 i: how many enforcement orders were served or convictions entered; and ii: how serious the enforcement orders or convictions were; and iii: how recently the enforcement orders were served or the convictions entered. Section 124B inserted 9 August 2008 section 67 Resource Management Amendment Act 2005 124C: Applications by persons who are not existing holders of resource consents 1: This section applies when— a: a person makes an application for a resource consent to undertake an activity under any of sections 12 13 14 15 b: the person does not hold an existing consent for the same activity using some or all of the same natural resource; and c: a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 124B(1)(a) d: the person makes the application more than 3 months before the expiry of the consent described in section 124B(1)(a) 2: The consent authority must— a: hold the application without processing it; and b: notify the holder of the existing consent— i: that the application has been received; and ii: that the holder may make an application affected by section 124 3: If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 124 4: If the holder of the existing consent does not make an application affected by section 124 5: If the holder of the existing consent makes an application affected by section 124 6: If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 124 Section 124C inserted 9 August 2008 section 67 Resource Management Amendment Act 2005 125: Lapsing of consent s 1: A resource consent lapses on the date specified in the consent or, if no date is specified,— a: 5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or b: 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area. 1A: However, a consent does not lapse under subsection (1) if, before the consent lapses,— a: the consent is given effect to; or b: an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account— i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and iii: the effect of the extension on the policies and objectives of any plan or proposed plan. 1B: Sections 357A 357C to 358 2: For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 223 section 224 3: This section is subject to section 150G Section 125 heading amended 7 July 1993 section 71 Resource Management Amendment Act 1993 Section 125(1) replaced 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(1A) replaced 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(1B) inserted 1 October 2011 section 33 Resource Management Amendment Act (No 2) 2011 Section 125(2) inserted 7 July 1993 section 71 Resource Management Amendment Act 1993 Section 125(3) inserted 19 March 2004 section 4 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 126: Cancellation of consent 1: A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years. 2: Subsection (1) does not apply if— a: the resource consent expressly provides otherwise; or b: within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account— i: whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and ii: the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan. 3: Sections 357A 357C 358 Section 126 replaced 1 August 2003 section 52 Resource Management Amendment Act 2003 Section 126(3) amended 10 August 2005 section 69 Resource Management Amendment Act 2005 127: Change or cancellation of consent condition on application by consent holder 1: The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following: a: the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 b: no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent. 2: 3: Sections 88 to 121 a: the application were an application for a resource consent for a discretionary activity; and b: the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively. 3A: If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) 4: For the purposes of determining who is adversely affected by the change or cancellation, the consent a: made a submission on the original application; and b: may be affected by the change or cancellation. Section 127(1) replaced 10 August 2005 section 70 Resource Management Amendment Act 2005 Section 127(2) repealed 10 August 2005 section 70 Resource Management Amendment Act 2005 Section 127(3) replaced 1 August 2003 section 53(2) Resource Management Amendment Act 2003 Section 127(3A) inserted 1 October 2011 section 34 Resource Management Amendment Act (No 2) 2011 Section 127(4) replaced 1 August 2003 section 53(2) Resource Management Amendment Act 2003 Section 127(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Review of consent conditions by consent authority 128: Circumstances when consent conditions can be reviewed 1: A consent authority may, in accordance with section 129 a: at any time or times i: to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or ii: to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B iii: for any other purpose specified in the consent; or b: in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, if— i: a regional plan contains a rule that relates to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water; and ii: the rule has been made operative; and iii: the regional council considers that it is appropriate to review the conditions of the permit or consent in order to enable the levels, flows, rates, or standards set by the rule to be met; or ba: in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or bb: in the case of a land use consent, in relation to a relevant regional rule; or c: if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions; or d: if the review is part of a review carried out under subsection (2A). 2: A consent authority must, in accordance with section 129 section 339(5)(b) 2A: If more than 1 resource consent is affected by the rule referred to in subsection (1)(b)(i), the consent authority may review the conditions of those resource consents together for the purpose of managing the effects of the activities carried out under those resource consents. 3: A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) Section 128(1)(a) amended 7 July 1993 section 73(1)(a) Resource Management Amendment Act 1993 Section 128(1)(a)(ii) amended 20 August 1998 section 30 Resource Management Amendment Act 1997 Section 128(1)(a)(ii) amended 7 July 1993 section 73(1)(b) Resource Management Amendment Act 1993 Section 128(1)(b) replaced 1 July 2020 section 38(1) Resource Management Amendment Act 2020 Section 128(1)(ba) replaced 19 April 2017 section 78 Resource Legislation Amendment Act 2017 Section 128(1)(bb) inserted 19 April 2017 section 78 Resource Legislation Amendment Act 2017 Section 128(1)(d) inserted 1 July 2020 section 38(2) Resource Management Amendment Act 2020 Section 128(2) replaced 1 October 2009 section 94 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 128(2A) inserted 1 July 2020 section 38(3) Resource Management Amendment Act 2020 Section 128(3) inserted 1 October 2011 section 35 Resource Management Amendment Act (No 2) 2011 129: Notice of review 1: A notice under section 128 a: shall advise the consent holder of the conditions of the consent which are the subject of the review; and b: shall state the reasons for the review; and c: shall specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 128(1)(a) or (ba) or (2) d: may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions ; and e: must advise a consent holder by whom a charge is payable under section 36(1)(cb) i: of the fact that the charge is payable; and ii: of the estimated amount of the charge; and f: must, if section 128(2A) section 128(1)(b)(i) 2: If notification of the review is required under section 130 section 128 a: 30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or b: 10 working days after the service of the notice (if the consent holder is not invited to propose new conditions). Section 129(1)(c) amended 1 October 2009 section 95 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 129(1)(c) amended 1 August 2003 section 55(1) Resource Management Amendment Act 2003 Section 129(1)(d) amended 10 August 2005 section 72(1) Resource Management Amendment Act 2005 Section 129(1)(e) inserted 10 August 2005 section 72(2) Resource Management Amendment Act 2005 Section 129(1)(f) inserted 1 July 2020 section 39 Resource Management Amendment Act 2020 Section 129(2) replaced 1 August 2003 section 55(2) Resource Management Amendment Act 2003 130: Public notification, submissions, and hearing, etc 1: Sections 96 to 102 a: the notice of review under section 129 b: the consent holder were the applicant for the resource consent. 2: Sections 96 to 102 section 117(4), (6), (7), and (8) a: the notice of review under section 129 b: the consent holder were the applicant for a resource consent. 3: Sections 95 to 95G a: the review of consent conditions were an application for a resource consent for a discretionary activity; and b: the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively. 4: 5: If a regional plan or regional coastal plan states that a rule will affect the exercise of existing resource consents under section 68(7) a: is not required to comply with sections 95 to 95G b: must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 129 6: Where a consent which would otherwise be heard under subsection (5) is a consent granted for a restricted coastal activity, the provisions of subsection (2) shall apply except that the only persons who may be heard in relation to the matter are 7: Notwithstanding subsections (5) and (6), if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule shall affect the exercise of existing consents under section 68(7) 8: When reviewing the conditions of a resource consent under section 128(1)(ba) a: make a submission to the consent authority; and b: request to be heard. Section 130(2) replaced 1 October 2009 section 96(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(3) replaced 1 August 2003 section 56(1) Resource Management Amendment Act 2003 Section 130(3) amended 4 September 2013 section 19 Resource Management Amendment Act 2013 Section 130(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(4) repealed 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(5) replaced 1 August 2003 section 56(3) Resource Management Amendment Act 2003 Section 130(5)(a) amended 4 September 2013 section 19 Resource Management Amendment Act 2013 Section 130(5)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(6) inserted 7 July 1993 section 75(2) Resource Management Amendment Act 1993 Section 130(6) amended 1 October 2009 section 96(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 130(7) inserted 7 July 1993 section 75(2) Resource Management Amendment Act 1993 Section 130(8) inserted 1 August 2003 section 56(4) Resource Management Amendment Act 2003 131: Matters to be considered in review 1: When reviewing the conditions of a resource consent, the consent authority a: shall have regard to the matters in section 104 aa: in the case of a review under section 128(2) b: may have regard to the manner in which the consent has been used. 2: Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B a: the nature of the discharge and the receiving environment; and b: the financial implications for the applicant of including that condition; and c: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment— that including that condition is the most efficient and effective means of removing or reducing that adverse effect. Section 131(1) amended 1 October 2009 section 97(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 131(1)(aa) inserted 1 October 2009 section 97(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 131(2) amended 20 August 1998 section 31 Resource Management Amendment Act 1997 132: Decisions on review of consent conditions 1: A consent authority may change the conditions of a resource consent (other than any condition as to the duration of the consent) on a review under section 128 that section 1A: Sections 114(4) 116A section 128(3) 2: Sections 106 to 116 sections 120 121 section 128 a: the review were an application for a resource consent; and b: the consent holder were an applicant for a resource consent. 3: A consent authority may cancel a resource consent if— a: it reviews the consent under section 128(1)(c) b: the application for the consent contained inaccuracies that the consent authority considers materially influenced the decision made on the application; and c: there are significant adverse effects on the environment resulting from the exercise of the consent. 4: A consent authority may also cancel a resource consent if— a: it reviews the consent under section 128(2) b: there are significant adverse effects on the environment resulting from the exercise of the consent. Section 132(1) amended 7 July 1993 section 76(1)(a) Resource Management Amendment Act 1993 Section 132(1) amended 7 July 1993 section 76(1)(b) Resource Management Amendment Act 1993 Section 132(1A) inserted 1 October 2011 section 36 Resource Management Amendment Act (No 2) 2011 Section 132(2) amended 1 October 2009 section 98(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 132(3) replaced 1 October 2009 section 98(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 132(4) replaced 1 October 2009 section 98(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 133: Powers under Part 12 not affected Nothing in sections 127 to 132 Environment Court Part 12 Section 133 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 133A: Minor corrections of resource consents A consent authority that grants a resource consent may, within 20 Section 133A inserted 10 August 2005 section 73 Resource Management Amendment Act 2005 Section 133A amended 4 September 2013 section 20 Resource Management Amendment Act 2013 Transfer of consents 134: Land use and subdivision consents attach to land 1: Except as provided in subsection (2), a land use consent and a subdivision consent shall attach to the land to which each relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise. 2: Subsection (1) does not apply to any land use consent to do something that would otherwise contravene section 13 3: The holder of a land use consent described in subsection (2) may transfer the whole or any part of the holder's interest in the consent to any other person unless the consent expressly provides otherwise. 4: The transfer of the holder's interest in a consent described in subsection (2) has no effect until written notice of the transfer is given to the consent authority that granted the consent. 135: Transferability of coastal permits 1: A holder of a coastal permit— a: may transfer the whole or any part of the holder's interest in the permit to any other person: b: may not transfer the whole or any part of the holder's interest in the permit to another site— unless the consent or a rule in a regional coastal plan expressly provides otherwise. 2: The transfer of the holder's interest in a coastal permit under subsection (1) has no effect until written notice of the transfer is given to the consent authority that granted the permit. Section 135(1) replaced 7 July 1993 section 77 Resource Management Amendment Act 1993 136: Transferability of water permits 1: A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site. 2: A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder's interest in the permit— a: to any owner or occupier of the site in respect of which the permit is granted; or b: to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer— i: is expressly allowed by a regional plan; or ii: has been approved by the consent authority that granted the permit on an application under subsection (4). 2A: A transfer under subsection (1) or subsection (2) may be for a limited period. 3: A transfer under any of subsections (1), (2)(a), and (2)(b)(i) shall have no effect until written notice of the transfer is received by the consent authority that granted the permit. 4: An application under subsection (2)(b)(ii)— a: shall be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and b: shall be considered in accordance with sections 39 to 42A, 88 to 115 120 121 i: the application for a transfer were an application for a resource consent; and ii: the consent holder were an applicant for a resource consent,— except that, and in addition to the matters set out in section 104 5: Where the transfer of the whole or part of the holder's interest in a water permit is notified under subsection (3), or approved under subsection (2)(b)(ii), and is not for a limited period, a: on the same conditions as the original permit (where subsection (3) applies); or b: on such conditions as the consent authority determines under subsection (4) (where that subsection applies). Section 136(2A) inserted 10 August 2005 section 74(1) Resource Management Amendment Act 2005 Section 136(4)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 136(5) amended 10 August 2005 section 74(2) Resource Management Amendment Act 2005 137: Transferability of discharge permits 1: The holder of a discharge permit may— a: transfer part or all of the holder's interest in the permit; and b: make the transfer for part or all of the remaining period of the permit. 2: The holder may make the transfer if it— a: is for the site for which the permit is granted; and b: is to— i: another owner or occupier of the site for which the permit is granted; or ii: a local authority. 3: The holder may make the transfer if it is for another site and is to any person, if a regional plan— a: allows the transfer; or b: allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer. 4: A regional plan may allow a transfer or a consent authority may allow a transfer if— a: the transfer does not worsen the actual or potential effect of any discharges on the environment; and b: the transfer does not result in any discharges that contravene a national environmental standard; and c: if the discharge is to water, both sites are in the same catchment; and d: if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and e: if the discharge is to air and paragraph (d) does not apply, both sites are in the same region. 5: An application under subsection (3)(b)— a: must be in the prescribed form; and b: must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and c: must be considered under sections 39 to 42A, 88 to 115 120 121 i: the application for a transfer were an application for a resource consent; and ii: the holder were an applicant for a resource consent. 6: The transfer has no effect until the consent authority that granted the permit receives written notice of it. 7: When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,— a: the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and b: the interest, or the part of it transferred, is a new permit on the same conditions as the original permit. Section 137 replaced 10 August 2005 section 75 Resource Management Amendment Act 2005 Section 137(5)(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 138: Surrender of consent 1: The holder of a resource consent may surrender the consent, either in whole or part, by giving written notice to the consent authority. 2: A consent authority may refuse to accept the surrender of part of a resource consent where it considers that surrender of that part would— a: affect the integrity of the consent; or b: affect the ability of the consent holder to meet other conditions of the consent; or c: lead to an adverse effect on the environment. 3: A person who surrenders a resource consent remains liable under this Act— a: for any breach of conditions of the consent which occurred before the surrender of the consent; and b: to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4). 4: A surrender of a resource consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority. 138A: Special provisions relating to coastal permits for dumping and incineration 1: Without limiting section 104 section 15A(1) a: the nature of any discharge of any contaminant which the dumping or incineration may involve and the sensitivity of the receiving environment to adverse effects and the applicant's reasons for making the proposed choice; and b: any possible alternative methods of disposal or combustion including any involving discharge into any other receiving environment,— and, without limiting the powers of the consent authority under section 92 2: Without limiting section 108 a: the nature of any discharge of a contaminant and the receiving environment; and b: other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment,— the inclusion of the condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment. 3: In respect of a coastal permit to do something that would otherwise contravene section 15A(1) section 129 4: Subject to subsection (5), sections 129 to 133 section 128 5: Before deciding to grant a coastal permit subject to a condition described in subsection (2) and before deciding to change the conditions of a coastal permit pursuant to subsections (3) and (4), the consent authority shall be satisfied, in the particular circumstances, and having regard to— a: the nature of any discharge of a contaminant and the receiving environment; and b: the financial implications for the holder of including that condition; and c: other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment— that including a condition in the permit requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on the environment is the most efficient and effective means of removing or reducing that adverse effect. 6: In every coastal permit to do something that would otherwise contravene section 15A(1) Maritime New Zealand Section 138A inserted 20 August 1998 section 15 Resource Management Amendment Act 1994 Section 138A(6) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Certificates of compliance or existing use Heading replaced 10 August 2005 section 76 Resource Management Amendment Act 2005 139: Consent authorities and Environmental Protection Authority to issue certificates of compliance 1: This section applies if an activity could be done lawfully in a particular location without a resource consent. 2: A person may request the consent authority to issue a certificate of compliance. 3: A certificate states that the activity can be done lawfully in a particular location without a resource consent. 4: The authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (5). 5: The authority must issue the certificate if— a: the activity can be done lawfully in the particular location without a resource consent; and b: the person pays the appropriate administrative charge. 6: The authority must issue the certificate within 20 working days of the later of the following: a: the date on which it received the request: b: the date on which it received the further information under subsection (4). 7: The certificate issued to the person must— a: describe the activity and the location; and b: state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the authority received the request. 8: The authority must not issue a certificate if— a: the request for a certificate is made after a proposed plan is notified; and b: the activity could not be done lawfully in the particular location without a resource consent under the proposed plan. 8A: The authority must not issue a certificate if a notice for the activity is in force under section 87BA(1)(c) 87BB(1)(d) 9: Sections 357A , 357AB 357C to 358 10: A certificate is treated as if it were an appropriate resource consent that— a: contains the conditions specified in an applicable national environmental standard; and b: contains the conditions specified in an applicable plan. 11: A certificate treated as a resource consent is subject to sections 10 10A 20A(2) 12: A certificate treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 120(1) or (2) 121 122 125 134 135 136 137 13: If an activity relates to a matter that is or is part of a proposal of national significance for which a direction has been made under section 142(2) 147(1)(a) or (b) a: a reference to a consent authority is to be treated as a reference to the EPA; and b: subsection (5)(b) does not apply; and c: the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request ; and d: if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction. 14: In this section, activity Section 139 replaced 1 October 2009 section 99 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 139(8A) inserted 18 October 2017 section 150(1) Resource Legislation Amendment Act 2017 Section 139(9) amended 18 October 2017 section 150(2) Resource Legislation Amendment Act 2017 Section 139(12) amended 18 October 2017 section 150(3) Resource Legislation Amendment Act 2017 Section 139(13)(c) amended 19 April 2017 section 79(1) Resource Legislation Amendment Act 2017 Section 139(13)(d) inserted 19 April 2017 section 79(2) Resource Legislation Amendment Act 2017 139A: Consent authorities to issue existing use certificates 1: A person may request the consent authority to issue a certificate that— a: describes a use of land in a particular location; and b: states that the use of the land was a use of land allowed by section 10 c: specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate. 2: A person may request the consent authority to issue a certificate that— a: describes an activity to which section 10A section 20A b: states that the activity was an activity allowed by section 10A section 20A c: specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and d: describes the period for which the activity is allowed under section 10A section 20A 3: The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate. 4: The consent authority must issue a certificate under subsection (1) if it— a: is satisfied that the use of the land is a use of land allowed by section 10 b: receives payment of the appropriate administrative charge. 5: The consent authority must issue a certificate under subsection (2) if it— a: is satisfied that the activity is an activity allowed by section 10A section 20A b: receives payment of the appropriate administrative charge. 6: A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates: a: the date on which the authority receives the request; and b: the date on which the authority receives all the information required under subsection (3); and c: the date on which the authority receives the payment of the appropriate administrative charge. 7: Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies. 8: The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate. 9: An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119 , 120(1A) and (1B) 123 to 150 10: Sections 357A , 357AB 357C to 358 Section 139A inserted 10 August 2005 section 78 Resource Management Amendment Act 2005 Section 139A(9) amended 18 October 2017 section 151(1) Resource Legislation Amendment Act 2017 Section 139A(10) amended 18 October 2017 section 151(2) Resource Legislation Amendment Act 2017 Decisions on proposals of national significance Heading repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 6AA: Proposals of national significance Part 6AA inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 140: Outline of this Part 1: This section sets out the general scheme and effect of this Part. This section is by way of explanation only and does not limit or affect the other provisions of this Part or this Act. 2: This Part provides the Minister with specific powers in relation to applications for resource consents, applications for changes to or cancellation of resource consent conditions, local authority plan changes or variations, requests for plan changes, requests for the preparation of regional plans, matters relating to regional policy statements, 3: If exercised by the Minister, these powers set in motion one of 2 procedures by which the application, change, variation, request, or notice ( the matter 4: There are 3 ways in which a matter may come to the Minister for his or her decision on whether to make a direction to refer a matter to a board of inquiry or the Environment Court for decision. If the matter has been lodged with a local authority, the Minister may decide to make a direction on his or her own initiative or in response to a request from the local authority or the applicant. If the matter has been lodged with the Environmental Protection Authority, the Minister may decide to make a direction after receiving a recommendation from the EPA. 5: If the Minister decides not to make a direction to refer a matter to a board of inquiry or the Environment Court for decision, the matter will be processed by the local authority that, in the normal course of the Act, would be responsible for dealing with it. However, the Minister may still intervene in the process, for example, by making a submission on the matter for the Crown, appointing a project co-ordinator to advise the local authority on any thing relating to the matter, or appointing an additional hearings commissioner. Section 140 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 140(2) amended 1 July 2020 section 40 Resource Management Amendment Act 2020 141: Interpretation In this Part, unless the context requires another meaning,— applicant a: the person who lodged the application, for a matter that is an application for— i: a resource consent; or ii: a change to or cancellation of the conditions of a resource consent: b: the person making the request, for a matter that is a request for a change to a plan— i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)(b) ii: excluding a request that has been adopted by the local authority: c: the person making the request, for a matter that is a request for the preparation of a regional plan— i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)(b) ii: excluding a request that has been adopted by the local authority: d: the requiring authority that lodged the notice of requirement, for a matter that is a notice of requirement for a designation or to alter a designation: e: the heritage protection authority that lodged the notice of requirement, for a matter that is a notice of requirement for a heritage order or to alter a heritage order: f: the local authority, for a matter that is— i: a change to its plan or policy statement ii: a request for the preparation of a regional plan that has been adopted by a local authority; or iii: a variation to its proposed plan or policy statement; or g: the Minister of the Crown or the territorial authority making the request, for a matter that is a request for a change to a regional policy statement,— i: including a request that has been accepted by a board of inquiry under section 149M clause 25(2)(b) ii: excluding a request that has been adopted by the local authority local authority a: the consent authority that would process an application lodged under section 88 or 127 section 88 or 127 b: the territorial authority responsible for the district plan or proposed district plan, for a matter that is a request for a change to a district plan, a change to a district plan, or a variation to a proposed district plan: c: the regional council responsible for the regional plan or proposed regional plan, for a matter that is a request for the preparation of a regional plan, a request for a change to a regional plan, a change to a regional plan, or a variation to a proposed regional plan: ca: the regional council responsible for the regional policy statement or proposed policy statement, for a matter relating to a regional policy statement: d: the territorial authority responsible for dealing with a notice of requirement given under Part 8 matter a: an application for a resource consent; or b: an application for a change to or cancellation of the conditions of a resource consent; or c: a request for the preparation of a regional plan (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request d: a request for a change to a plan (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request e: a change to a plan or part of a change to a plan f: a variation to a proposed plan or part of a variation to a proposed plan g: a notice of requirement for a designation; or h: a notice of requirement for a heritage order; or i: a notice of requirement to alter a designation or a heritage order; or j: a request for a change to a regional policy statement (including a request that has been accepted or adopted in whole or in part by a local authority) or part of such a request; or k: a change to a regional policy statement or part of a change; or l: a variation to a proposed regional policy statement or part of a variation; or m: a combination of any 2 or more matters described in paragraphs (c) to (f) and (j) to (l) matter relating to a regional policy statement Section 141 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 141 applicant amended 1 July 2020 section 41(2) Resource Management Amendment Act 2020 Section 141 applicant amended 1 July 2020 section 41(3) Resource Management Amendment Act 2020 Section 141 applicant inserted 1 July 2020 section 41(1) Resource Management Amendment Act 2020 Section 141 local authority inserted 1 July 2020 section 41(4) Resource Management Amendment Act 2020 Section 141 matter amended 19 April 2017 section 80(1) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(2) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(3) Resource Legislation Amendment Act 2017 Section 141 matter amended 19 April 2017 section 80(4) Resource Legislation Amendment Act 2017 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter inserted 1 July 2020 section 41(5) Resource Management Amendment Act 2020 Section 141 matter relating to a regional policy statement inserted 1 July 2020 section 41(6) Resource Management Amendment Act 2020 141A: Minister's power to intervene Section 141A repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 141B: Minister's power to call in matters that are or are part of proposals of national significance Section 141B repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 141C: Form and effect of Minister's direction Section 141C repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 1: Minister may make direction in relation to matter Subpart 1 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Matter lodged with local authority Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 142: Minister may call in matter that is or is part of proposal of national significance 1: This section applies if a matter has been lodged with a local authority and— a: the Minister, at his or her own initiative, decides to apply this section; or b: the Minister receives a request from an applicant or a local authority to make a direction for the matter under subsection (2). 2: If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to— a: refer the matter to a board of inquiry for decision; or b: refer the matter to the Environment Court for decision. 3: In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to— a: any relevant factor, including whether the matter— i: has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or ii: involves or is likely to involve significant use of natural and physical resources; or iii: affects or is likely to affect a structure, feature, place, or area of national significance; or iiia: gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) and (j) to (m) section 141 iv: affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or v: results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or vi: involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or vii: is or is likely to be significant in terms of section 8 viii: will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or ix: affects or is likely to affect more than 1 region or district; or x: relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and b: any advice provided by the EPA. 4: In deciding whether to make a direction under subsection (2), the Minister must have regard to— a: the views of the applicant and the local authority; and b: the capacity of the local authority to process the matter ; and c: the recommendations of the EPA. 5: A direction made under subsection (2) must— a: be in writing and be signed by the Minister; and b: state the Minister's reasons for making the direction. 6: If a local authority or an applicant requests the Minister to call in a matter (by making a direction under subsection (2)) and the Minister decides not to do so, the EPA must give notice of the Minister's decision to the local authority and the applicant. 6A: When requesting the Minister to call in a matter (by making a direction under subsection (2)), a local authority or an applicant must at the same time serve the other party (the local authority or the applicant, as the case may be) with notice of the request. 7: To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A 8: The Minister must not make a direction under subsection (2)(b) if section 149C(2)(a) or (b) or regional policy statement Section 142 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 142(3) replaced 1 July 2011 section 10(1) Resource Management Amendment Act 2011 Section 142(3)(a)(iiia) inserted 19 April 2017 section 81 Resource Legislation Amendment Act 2017 Section 142(3)(a)(iiia) amended 1 July 2020 section 42(1) Resource Management Amendment Act 2020 Section 142(4)(b) amended 1 July 2011 section 10(2) Resource Management Amendment Act 2011 Section 142(4)(c) inserted 1 July 2011 section 10(2) Resource Management Amendment Act 2011 Section 142(6A) inserted 4 September 2013 section 21(1) Resource Management Amendment Act 2013 Section 142(7) inserted 1 July 2011 section 10(3) Resource Management Amendment Act 2011 Section 142(8) inserted 4 September 2013 section 21(2) Resource Management Amendment Act 2013 Section 142(8) amended 1 July 2020 section 42(2) Resource Management Amendment Act 2020 143: Restriction on when local authority may request call in A local authority (whether acting as an applicant or a local authority) may not make a request to the Minister in respect of either of the following matters unless it has complied with the consultation provisions in clauses 2 3 4 , and with clause 5(1)(a) a: a change to a plan or regional policy statement clause 2 b: a variation to a proposed plan or regional policy statement Section 143 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 143 amended 3 December 2013 section 79 Resource Management Amendment Act 2013 Section 143(a) amended 1 July 2020 section 43 Resource Management Amendment Act 2020 Section 143(b) amended 1 July 2020 section 43 Resource Management Amendment Act 2020 144: Restriction on when Minister may call in matter The Minister must not call in a matter (by making a direction under section 142(2) a: later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter; or b: after the local authority gives notice of its decision or recommendation on the matter, if the local authority has decided not to notify the matter. Section 144 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 144(a) replaced 19 April 2017 section 82 Resource Legislation Amendment Act 2017 144A: EPA to advise and make recommendations to Minister in relation to call-in 1: The Minister may request the EPA to advise him or her on whether a matter is, or is part of, a proposal of national significance. 2: Section 142(3)(a) 3: The EPA must provide advice under subsection (1) no later than 20 working days after receiving the Minister's request. 4: The EPA's advice must include its recommendation that the Minister— a: call the matter in and make a direction to refer it to a board of inquiry for a decision; or b: call the matter in and make a direction to refer it to the Environment Court for a decision; or c: not call the matter in. 5: The EPA must serve a copy of its recommendation on the applicant and the local authority. 6: The 20-working-day time frame specified in subsection (3) applies subject to section 149(5) and (6) Section 144A inserted 1 July 2011 section 11 Resource Management Amendment Act 2011 Matter lodged with EPA Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 145: Matter lodged with EPA 1: A person may lodge 1 or more of the following matters with the EPA: a: an application for a resource consent: b: a request for the preparation of a regional plan (other than a regional coastal plan): c: a request for a change to a plan. 1A: A person must not lodge with the EPA a plan change request made under subpart 4 2: The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA. 3: A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA. 4: A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA. 5: If the matter is an application for a resource consent, section 88 a: every reference in that section to a consent authority must be read as a reference to the EPA; and b: the applicant has no right of objection under section 88(5) 6: If the matter is an application for a change to or cancellation of the conditions of a resource consent,— a: section 127(1) b: section 88 i: the application must be treated as if it were an application for a resource consent for a discretionary activity; and ii: every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and iii: the applicant has no right of objection under section 88(5) 7: If the matter is a notice of requirement for a designation or to alter a designation, section 168 8: If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189 9: If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22 9A: If the matter is a concurrent application lodged with a plan change request made under subpart 4 section 107F(3) 10: A person who lodges a matter with the EPA under subsections (1) to (4) must serve the local authority with notice of the matter and of its lodging with the EPA under this section. 11: A matter may not be lodged with the EPA under this section if— a: the same matter has been lodged with a local authority; and b: the applicant or the local authority has requested that the Minister call in the matter. Section 145 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 145(1A) inserted 1 October 2011 section 37(1) Resource Management Amendment Act (No 2) 2011 Section 145(9A) inserted 1 October 2011 section 37(2) Resource Management Amendment Act (No 2) 2011 146: EPA to recommend course of action to Minister 1: No later than 20 working days after receiving a matter lodged under section 145 section 147(1)(a), (b), or (c) 2: The EPA may also recommend to the Minister that he or she exercise 1 or more of the following powers: a: if the EPA recommends that the Minister make a direction under section 147(1)(a) or (b) i: to make a submission on the matter for the Crown: ii: to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under section 149R(1) b: if the EPA recommends that the Minister make a direction under section 147(1)(c) i: to make a submission on the matter for the Crown: ii: to appoint a project co-ordinator for the matter to advise the local authority: iii: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters: iv: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter. 3: The EPA must serve a copy of its recommendation on the applicant and the local authority. 4: The 20-working day time frame specified in subsection (1) applies subject to section 149(5) and (6) 5: This section applies to plan change requests and concurrent applications made under subpart 4 a: the 20 working days referred to in subsection (1) begins on the later of the following days: i: the day on which the EPA determines that, for the purposes of section 88(3) ii: the day on which the EPA receives all the information and reports required under section 149: b: any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application. 6: The EPA must not recommend to the Minister that he or she make a direction under section 147(1)(b) section 149C(2)(a) or (b) Section 146 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 146(5) inserted 1 October 2011 section 38 Resource Management Amendment Act (No 2) 2011 Section 146(6) inserted 4 September 2013 section 22 Resource Management Amendment Act 2013 147: Minister makes direction after EPA recommendation 1: After the Minister receives a recommendation from the EPA under section 146 a: refer the matter to a board of inquiry for decision; or b: refer the matter to the Environment Court for decision; or c: refer the matter to the local authority. 2: The Minister may make a direction under subsection (1)(a) or (b) only if he or she considers that the matter is or is part of a proposal of national significance. 3: The Minister must apply section 142(3) 4: In deciding on making a direction under subsection (1), the Minister must have regard to— a: the views of the applicant and the local authority; and b: the capacity of the local authority to process the matter; and c: the recommendations of the EPA. 5: A direction made under subsection (1) must— a: be in writing and be signed by the Minister; and b: state the Minister's reasons for making the direction. 6: To avoid doubt, the Minister may make a direction under subsection (1) that differs from the direction recommended by the EPA under section 146(1) 7: For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4 8: The Minister must not make a direction under subsection (1)(b) if section 149C(2)(a) or (b) Section 147 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 147(7) inserted 1 October 2011 section 39 Resource Management Amendment Act (No 2) 2011 Section 147(8) inserted 4 September 2013 section 23 Resource Management Amendment Act 2013 General provisions for matter lodged with local authority or EPA Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 148: Proposals relating to coastal marine area 1: If a proposal of national significance relates wholly to the coastal marine area, this Part applies with the following modifications: a: references to the Minister must be read as references to the Minister of Conservation; and b: sections 149Q(3)(e) and (f) 149R(4)(e) and (f) the Minister of Conservation 2: If a proposal of national significance relates partly to the coastal marine area, this Part applies with the following modifications: a: references to the Minister must be read as references to the Minister and the Minister of Conservation; and b: sections 149Q(3)(e) and (f) 149R(4)(e) and (f) the Minister and the Minister of Conservation Section 148 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149: EPA may request further information or commission report 1: Subsection (2) applies to a matter if— a: the matter has been lodged with the EPA under section 145 b: a request relating to the matter has been made by a local authority or an applicant for a direction under section 142(1)(b) c: the Minister decides, at his or her own initiative, to apply section 142 2: The EPA may,— a: by written notice, request an applicant to provide further information relating to the matter: b: require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)). 3: An applicant who receives a request under subsection (2)(a) must, within 15 working days after the date of the request, do one of the following things: a: provide the information; or b: tell the EPA by written notice that the applicant agrees to provide the information; or c: tell the EPA by written notice that the applicant refuses to provide the information. 4: If the EPA receives a notice under subsection (3)(b), the EPA must— a: set a reasonable time within which the applicant must provide the information; and b: tell the applicant by written notice the date by which the applicant must provide the information. 5: If the EPA requests further information under subsection (2)(a) before making its recommendation to the Minister on a matter under section 144A 146 section 144A(3) or 146(1) a: if the information is provided in accordance with this section, the day after the day on which the EPA receives the information; or b: if the EPA receives a notice of refusal under subsection (3)(c), the day after the day on which the EPA receives the notice; or c: in any other case, the day after the day on which the deadline for providing the information expires. 6: If the EPA requires a report under subsection (2)(b) before making its recommendation to the Minister on a matter under section 144A 146 section 144A(3) or 146(1) 7: The EPA must make its recommendation even if the applicant— a: does not provide the information before the deadline; or b: refuses to provide the information. Section 149 replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149(1) replaced 4 September 2013 section 24 Resource Management Amendment Act 2013 Section 149(5) amended 1 July 2011 section 12(1)(a) Resource Management Amendment Act 2011 Section 149(5) amended 1 July 2011 section 12(1)(b) Resource Management Amendment Act 2011 Section 149(6) amended 1 July 2011 section 12(2)(a) Resource Management Amendment Act 2011 Section 149(6) amended 1 July 2011 section 12(2)(b) Resource Management Amendment Act 2011 How matter processed if direction made to refer matter to board of inquiry or court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149A: EPA must serve Minister's direction on local authority and applicant As soon as practicable after the Minister makes a direction under section 142(2) 147(1)(a) or (b) a: the local authority; and b: the applicant. Section 149A replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149B: Local authority's obligations if matter called in 1: Subsection (2) applies to a local authority if— a: the Minister calls in a matter by making a direction under section 142(2) b: the local authority has been served with the direction under section 149A 2: The local authority must, without delay, provide the EPA with— a: the matter; and b: all information received by the local authority that relates to the matter; and c: if applicable, the submissions received by the local authority on the matter. Section 149B replaced 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149C: EPA must give public notice of Minister's direction 1: The EPA must give public notice of a direction the Minister makes under section 142(2) 147(1)(a) or (b) 2: Subsection (1) does not apply if— a: the matter is a request for the preparation of a regional plan, a request for a change to a plan, or a request for a change to a regional policy statement, clause 21 i: has not yet made a decision on the request under clause 25 ii: has made a decision to accept the request, but has not yet prepared the proposed plan or change under clause 26(a) iii: has made a decision to adopt the request, but has not yet notified the proposed plan or change under clause 5 b: the matter is a request for the preparation of a regional plan, or a request for a change to a plan, lodged with the EPA under section 145 c: the Minister instructs that the giving of public notice be delayed under section 149D d: the Minister decides under section 149ZC ; or e: the matter is a concurrent application made under subpart 4 3: A notice under subsection (1) must— a: state the Minister's reasons for making the direction; and b: describe the matter to which the direction applies; and c: state where the matter, its accompanying information, and any further information may be viewed; and d: state that any person may make submissions on the matter to the EPA; and e: state the closing date for the receipt of submissions; and ea: specify an electronic address for sending submissions; and f: state the address for service of the EPA and the applicant (or each applicant if more than 1). 4: When the EPA gives public notice under subsection (1), it must also serve a copy of the notice on— a: each owner and occupier (other than an applicant) of any land to which the matter relates; and b: each owner and occupier of any land adjoining any land to which the matter relates; and c: if applicable, every person who has made a submission on the matter to the local authority. Section 149C inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149C(2)(a) amended 1 July 2020 section 44 Resource Management Amendment Act 2020 Section 149C(2)(d) amended 1 October 2011 section 40(1) Resource Management Amendment Act (No 2) 2011 Section 149C(2)(e) inserted 1 October 2011 section 40(2) Resource Management Amendment Act (No 2) 2011 Section 149C(3)(ea) inserted 19 April 2017 section 83 Resource Legislation Amendment Act 2017 149D: Minister may instruct EPA to delay giving public notice pending application for additional consents 1: The Minister may instruct the EPA to delay giving public notice of a direction under section 149C 2: Subsection (1) applies if the Minister considers, on reasonable grounds, that— a: resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and b: the nature of the proposal will be better understood if applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter. 3: The EPA must, without delay, give notice to the local authority and the applicant of the instruction under subsection (1). 4: The Minister may, at any time, rescind an instruction given under subsection (1) and instruct the EPA to give public notice of the direction concerned under section 149C Section 149D inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149E: EPA to receive submissions on matter if public notice of direction has been given 1: Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which— a: the Minister has made a direction under section 142(2) 147(1)(a) or (b) b: public notice has been given under section 149C 2: Subsection (1) applies— a: whether or not the person has already made a submission to the local authority on the matter; but b: subject to subsections (5) to (8). 3: A submission must be— a: in the prescribed form; and b: served— i: on the EPA, within the time allowed under subsection (9); and ii: on the applicant, as soon as practicable after service on the EPA. 3A: If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) 3B: If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b) 4: A submission must state whether it supports the matter, it opposes the matter, or it is neutral. 5: If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 6: However, subsection (5) does not apply if the matter is a notice of requirement for a heritage order (or to alter a heritage order), a request for the preparation of a regional plan, a request for a change to a plan, a change to a plan, a variation to a proposed plan, a request for a change to a regional policy statement, a change to a regional policy statement, or a variation to a proposed regional policy statement. 7: If the matter is a change to a plan proposed by a local authority under clause 2 a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement, a: must not make a submission if the person could gain an advantage in trade competition through the submission; and b: may make a submission only if directly affected by an effect of the change or variation that— i: adversely affects the environment; and ii: does not relate to trade competition or the effects of trade competition. 8: If the matter is a request for the preparation of a regional plan, a request for a change to a plan or a regional policy statement, a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 9: The closing date for making a submission is 30 working days 10: Any submissions on the matter received by the local authority before the matter is called in (by a direction being made under section 142(2) Section 149E inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149E(3A) inserted 19 April 2017 section 84(1) Resource Legislation Amendment Act 2017 Section 149E(3B) inserted 19 April 2017 section 84(1) Resource Legislation Amendment Act 2017 Section 149E(6) replaced 1 July 2020 section 45(1) Resource Management Amendment Act 2020 Section 149E(7) amended 1 July 2020 section 45(2) Resource Management Amendment Act 2020 Section 149E(8) amended 1 July 2020 section 45(3) Resource Management Amendment Act 2020 Section 149E(9) amended 19 April 2017 section 84(2) Resource Legislation Amendment Act 2017 149F: EPA to receive further submissions if matter is request, change, or variation 1: Subsection (2) applies if the matter for which the Minister makes a direction under section 142(2) 147(1)(a) or (b) a variation to a proposed plan, or a matter relating to a regional policy statement 2: The EPA must produce a summary of all the submissions on the matter received under section 149E a: the availability of a summary of submissions on the matter; and b: where the summary and the submissions can be inspected; and c: the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subsection (3) may make a further submission on the matter; and d: the date of the last day for making further submissions (as calculated under paragraph (c)); and da: an electronic address for sending further submissions; and e: the address for service of the EPA. 3: The following persons may make a further submission on the matter: a: any person representing a relevant aspect of the public interest; and b: any person that has an interest in the matter c: the local authority. 4: However, a further submission— a: may only be in support of or in opposition to a submission made on a matter under section 149E b: may not be made on a concurrent application made under subpart 4 5: A further submission must be in the prescribed form. 5A: If a person who makes a further electronic submission on a matter to which the further submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) 5B: If subsection (5A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b) 6: A person who makes a further submission under subsection (3) must serve a copy of it on— a: the applicant; and b: the person who made the submission under section 149E 7: The further submission must be served no later than 5 working days after the day on which the person provides the EPA with the further submission. 8: In subsection (1), request for a change to a plan subpart 4 Section 149F inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149F(1) amended 1 July 2020 section 46(1) Resource Management Amendment Act 2020 Section 149F(2)(da) inserted 19 April 2017 section 85(1) Resource Legislation Amendment Act 2017 Section 149F(3)(b) amended 1 July 2020 section 46(2) Resource Management Amendment Act 2020 Section 149F(4) replaced 1 October 2011 section 41(1) Resource Management Amendment Act (No 2) 2011 Section 149F(5A) inserted 19 April 2017 section 85(2) Resource Legislation Amendment Act 2017 Section 149F(5B) inserted 19 April 2017 section 85(2) Resource Legislation Amendment Act 2017 Section 149F(8) inserted 1 October 2011 section 41(2) Resource Management Amendment Act (No 2) 2011 149G: EPA must provide board or court with necessary information 1: This section applies if a matter is referred to a board of inquiry or the Environment Court under this Part. 2: The EPA must provide the board of inquiry or Environment Court, as the case may be, with each of the following things as soon as is reasonably practicable after receiving it: a: the matter: b: all the information received by the EPA that relates to the matter: c: the submissions received by the EPA on the matter. 3: The EPA must also commission the local authority to prepare a report on the key issues in relation to the matter that includes— a: any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a national planning standard, b: a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and c: if applicable, the activity status of all proposed activities in relation to the matter. 4: The EPA must provide a copy of the report to— a: the board of inquiry or the Environment Court, as the case may be; and b: the applicant; and c: every person who made a submission on the matter. Section 149G inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149G(3)(a) amended 19 April 2017 section 86 Resource Legislation Amendment Act 2017 149H: Local authority may not notify further change or variation in certain circumstances If the Minister makes a direction under section 142(2) 147(1)(a) or (b) a: a matter that is a change to a plan; or b: a matter that is a variation to a proposed plan; or c: a matter that is a request for the preparation of a regional plan or a request for a change to a plan (including a request that has been accepted or adopted by the local authority or accepted by a board of inquiry); or d: a matter relating to a regional policy statement. Section 149H inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149H(d) inserted 1 July 2020 section 47 Resource Management Amendment Act 2020 149I: Limitation on withdrawal of change or variation 1: A local authority may withdraw a change that was notified under clause 5 a variation to a proposed plan, or matter relating to a regional policy statement section 142(2) section 149F 2: An applicant may withdraw the applicant's request for a proposed regional plan, a request for a change to a plan, or a matter relating to a regional policy statement section 142(2) 147(1)(a) or (b) section 149F 3: If the applicant withdraws a request for a change to the plan that is a plan change request made under subpart 4 Section 149I inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149I(1) amended 1 July 2020 section 48(1) Resource Management Amendment Act 2020 Section 149I(2) amended 1 July 2020 section 48(2) Resource Management Amendment Act 2020 Section 149I(3) inserted 1 October 2011 section 42 Resource Management Amendment Act (No 2) 2011 2: How matter decided if direction made to refer matter to board of inquiry or court Subpart 2 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Matter decided by board of inquiry Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149J: Minister to appoint board of inquiry 1: This section applies if the Minister makes a direction under section 142(2)(a) 147(1)(a) 2: As soon as practicable after making the direction, the Minister must appoint a board of inquiry to decide the matter and to complete the performance or exercise of its functions, duties, and powers in relation to the matter (including any appeals in relation to the matter that are filed in any court) 3: The Minister must appoint— a: no fewer than 3, but no more than 5, members; and b: 1 member as the chairperson, who may (but need not) be 3A: The Minister may, if he or she considers it appropriate,— a: invite the EPA to nominate persons to be members of the board: b: appoint a member of the EPA board to be a member of the board of inquiry. 3B: The Minister may, as he or she sees fit, set terms of reference about administrative matters relating to the inquiry. 4: A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board. Section 149J inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149J(2) amended 4 September 2013 section 25 Resource Management Amendment Act 2013 Section 149J(3)(b) amended 19 April 2017 section 87(1) Resource Legislation Amendment Act 2017 Section 149J(3A) inserted 19 April 2017 section 87(2) Resource Legislation Amendment Act 2017 Section 149J(3B) inserted 19 April 2017 section 87(2) Resource Legislation Amendment Act 2017 149K: How members appointed 1: The Minister must comply with this section when appointing a board of inquiry under section 149J 2: The Minister must seek suggestions for members of the board from the local authority. 3: However, the Minister may appoint a person as a member of the board whether or not he or she receives a suggestion for the person under subsection (2). 4: In appointing members, the Minister must consider the need for the board to have available to it, from its members,— a: knowledge, skill, and experience relating to— i: this Act; and ii: the matter or type of matter that the board will be considering; and iii: tikanga Māori; and iv: the local community; and v: the exercise of control over the manner of examining and cross-examining witnesses; and b: legal expertise; and c: technical expertise in relation to the matter or type of matter that the board will be considering. Section 149K inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149K(4) replaced 19 April 2017 section 88 Resource Legislation Amendment Act 2017 149KA: EPA may make administrative decisions 1: The EPA may— a: make decisions regarding administrative and support matters that are incidental or ancillary to the conduct of an inquiry under this Part; or b: allow the board of inquiry to make those decisions. 2: The EPA must have regard to the purposes of minimising costs and avoiding unnecessary delay when exercising its powers or performing its functions under subsection (1)(a) or (b). Section 149KA inserted 19 April 2017 section 89 Resource Legislation Amendment Act 2017 149L: Conduct of inquiry 1: A board of inquiry appointed to determine a matter under section 149J sections 92 to 92B 99 to 100 a: the matter were an application for a resource consent; and b: every reference in those sections to an application or an application for a resource consent were a reference to the matter. 2: If a hearing is to be held, the EPA must— a: fix a place for the hearing, which must be near to the area to which the matter relates; and b: fix the commencement date and time for the hearing; and c: give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to— i: the applicant; and ii: every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard. 3: The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a nationally significant proposal. 4: A board of inquiry— a: must conduct its inquiry in accordance with any terms of reference set by the Minister under section 149J(3B) b: must carry out its duties in a timely and cost-effective manner: c: may direct that briefs of evidence be provided in electronic form: d: must keep a full record of all hearings and proceedings: e: may allow a party to question any other party or witness: f: may permit cross-examination: g: may, without limiting sections 39 40 to 41D 99 99A i: direct that a conference of a group of experts be held: ii: direct that a conference be held with— A: any of the submitters who wish to be heard at the hearing; or B: the applicant; or C: any relevant local authority; or D: any combination of such persons: h: must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subsection (3). 5: A board of inquiry may obtain planning advice from the EPA in relation to— a: the relevant district and regional plans, regional and national policy statements, a national planning standard, national environmental standards, and other similar documents: b: the issues raised by the matter being considered by the board. Section 149L inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149L(2) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(3) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(4) replaced 19 April 2017 section 90 Resource Legislation Amendment Act 2017 Section 149L(5) inserted 19 April 2017 section 90 Resource Legislation Amendment Act 2017 149M: Process if matter is request for regional plan or change and particular circumstances apply 1: This section applies if the matter before a board of inquiry is a request for the preparation of a regional plan, or a request for a change to a plan or a regional policy statement a: the request is lodged with the EPA under section 145 b: the request is lodged with the local authority under clause 21 section 142(2) clause 25 2: The board may only— a: accept the request entirely under clause 25(2)(b) b: reject the request entirely under clause 25(4) 3: To make a decision under subsection (2), the board— a: has all the powers of a local authority under clauses 23 24 b: must consult the local authority on its views before making its decision. 4: If the board accepts the request,— a: the board must serve notice of its decision on the applicant and the local authority; and b: the local authority must prepare the proposed plan or change in accordance with section 149N c: the EPA must do anything required of it by sections 149F 149O d: the board must— i: conduct an inquiry on the proposed plan or change in accordance with sections 149L 149P(1) ii: apply section 149P(6) or (7) iii: produce a draft report on the proposed plan or change under section 149Q iv: produce a final report on the proposed plan or change under section 149R 4A: For the purposes of subsection (4)(c), in the case of a plan change request made under subpart 4 a: must be included in the public notice and invitation to make submissions; but b: must not be included in the invitation to make further submissions. 5: If the board rejects the request, the board must serve notice of its decision on the applicant and the local authority. Section 149M inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149M(1) amended 1 July 2020 section 49 Resource Management Amendment Act 2020 Section 149M(4)(c) replaced 4 September 2013 section 27 Resource Management Amendment Act 2013 Section 149M(4A) inserted 1 October 2011 section 43 Resource Management Amendment Act (No 2) 2011 149N: Process if section 149M applies or proposed plan or change not yet prepared 1: Subsections (2) to (4) apply if— a: a board of inquiry has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement section 149M b: a local authority has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement clause 25(2)(b) section 142(2) clause 26(a) 2: The local authority must prepare the proposed plan or change in consultation with the applicant as if clause 26(a) 3: The local authority must then serve a copy of the proposed plan or change on the EPA,— a: if the circumstances in subsection (1)(a) apply, no later than 4 months after the local authority was served with notice of the board's decision under section 149M(4) b: if the circumstances in subsection (1)(b) apply, no later than 4 months after the local authority was served with the Minister's direction under section 149A 4: The local authority must also give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8)(b) section 149O 5: Subsections (6) to (8) apply if a local authority has adopted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement, clause 25(2)(a) section 142(2) clause 5 6: The local authority must, no later than 4 months after the local authority was served with the Minister's direction under section 149A a: serve a copy of the proposed plan or change on the EPA; and b: give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O 7: A rule in a proposed plan or change served on the EPA under subsection (6) has legal effect only once a decision is made by the board of inquiry or court. 8: However, a rule has legal effect on and from the date on which the EPA gives public notice of— a: the proposed plan or change under section 149O i: protects or relates to water, air, or soil (for soil conservation); or ii: protects areas of significant indigenous vegetation; or iii: protects areas of significant habitats of indigenous fauna; or iv: protects historic heritage: b: the proposed plan under section 149O 9: Section 149N inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149N(1)(a) amended 1 July 2020 section 50(1) Resource Management Amendment Act 2020 Section 149N(1)(b) amended 1 July 2020 section 50(1) Resource Management Amendment Act 2020 Section 149N(4) amended 1 October 2011 section 45(1) Resource Management Amendment Act (No 2) 2011 Section 149N(5) amended 1 July 2020 section 50(2) Resource Management Amendment Act 2020 Section 149N(8) replaced 1 October 2011 section 45(2) Resource Management Amendment Act (No 2) 2011 Section 149N(9) repealed 1 October 2011 section 45(2) Resource Management Amendment Act (No 2) 2011 149O: Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N 1: This section applies where the EPA receives a proposed plan or change to a plan or regional policy statement section 149N 2: On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that— a: states the Minister's reasons for making a direction in relation to the matter; and b: states where the proposed plan or change, accompanying information, and any further information may be viewed; and c: specifies any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under this section; and d: states that any person may make submissions to the EPA on the proposed plan or change; and e: specifies the closing date for receiving submissions; and f: specifies an electronic address for sending submissions; and g: specifies the address for service of the EPA and the applicant. 3: Any person may make a submission on— a: a proposed plan or change for which public notice is given under subsection (2), and, for that purpose, section 149E(3), (4), and (8) b: a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5) 4: However, the closing date for making a submission under subsection (3) is 30 working days 4A: If a person who makes an electronic submission under subsection (3) on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) 4B: If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b) 5: On receiving a copy of the proposed plan or change, the EPA must also provide the board of inquiry with a copy of the proposed plan or change. 6: When the EPA gives public notice under subsection (2), it must also serve a copy of the notice on— a: each owner and occupier (other than an applicant) of any land to which the matter relates; and b: each owner and occupier of any land adjoining any land to which the matter relates. Section 149O inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149O(1) amended 1 July 2020 section 51 Resource Management Amendment Act 2020 Section 149O(2) replaced 19 April 2017 section 91(1) Resource Legislation Amendment Act 2017 Section 149O(3) replaced 1 October 2011 section 46 Resource Management Amendment Act (No 2) 2011 Section 149O(4) amended 19 April 2017 section 91(2) Resource Legislation Amendment Act 2017 Section 149O(4A) inserted 19 April 2017 section 91(3) Resource Legislation Amendment Act 2017 Section 149O(4B) inserted 19 April 2017 section 91(3) Resource Legislation Amendment Act 2017 149P: Consideration of matter by board 1: A board of inquiry considering a matter must— a: have regard to the Minister's reasons for making a direction in relation to the matter; and b: consider any information provided to it by the EPA under section 149G c: act in accordance with subsection (2), (3), (4), (5), (6), (7), (8), or (9) 2: A board of inquiry considering a matter that is an application for a resource consent must apply sections 104 to 104D 105 to 112 138A 3: A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 104 to 104D 105 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively. 4: A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation— a: must have regard to the matters set out in section 171(1) section 171(1A) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 4A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the board of inquiry may not impose a condition under subsection (4)(b)(iii) requiring a financial contribution (as defined in section 108(9) 5: A board of inquiry considering a matter that is a notice of requirement for a heritage order or to alter a heritage order— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the board thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 6: A board of inquiry considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 66 to 70 77A to 77D ; and d: must apply section 165H 7: A board of inquiry considering a matter that is a change to a district plan or a variation to a proposed district plan— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 74 to 77D 8: A board of inquiry considering a plan change request and its concurrent application made under subpart 4 a: firstly, determine matters in relation to the plan change request; and b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request. 9: For the purposes of subsection (8)(b), a board of inquiry must process, consider, and determine the concurrent application as if it were a regional council acting under section 165ZW 9A: A board of inquiry considering a matter relating to a regional policy statement— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 61 62 10: A board of inquiry must decline a concurrent application if, as a result of the board's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity. Section 149P inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149P(1)(c) amended 1 October 2011 section 47(1) Resource Management Amendment Act (No 2) 2011 Section 149P(2) amended 1 July 2020 section 52(1) Resource Management Amendment Act 2020 Section 149P(3) amended 1 July 2020 section 52(2) Resource Management Amendment Act 2020 Section 149P(4A) inserted 1 July 2020 section 52(3) Resource Management Amendment Act 2020 Section 149P(6)(c) amended 1 July 2020 section 52(4) Resource Management Amendment Act 2020 Section 149P(6)(c) amended 4 September 2013 section 28(1) Resource Management Amendment Act 2013 Section 149P(6)(d) inserted 4 September 2013 section 28(2) Resource Management Amendment Act 2013 Section 149P(8) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011 Section 149P(9) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011 Section 149P(9A) inserted 1 July 2020 section 52(5) Resource Management Amendment Act 2020 Section 149P(10) inserted 1 October 2011 section 47(2) Resource Management Amendment Act (No 2) 2011 149Q: Board to produce draft report Section 149Q repealed 19 April 2017 section 92 Resource Legislation Amendment Act 2017 149R: Board to produce 1: As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must— a: make its decision; and b: produce a written report. 2: The board must perform the duties in subsection (1) a: the day on which the EPA gave public notice under section 149C section 142(2) 147(1)(a) b: the day on which the EPA gave public notice under section 149O to a plan or regional policy statement c: the day on which the EPA gave limited notification under section 149ZC(4) 2A: For the purposes of subsection (2), the 9-month period excludes— a: the period starting on 20 December in any year and ending with 10 January in the following year: b: any time while an inquiry is suspended under section 149ZG(3) 2B: 3: The report— a: must state the board's decision; and b: must give reasons for the decision; and c: must include a statement of the principal issues that were in contention; and d: must include the main findings on the principal issues that were in contention; and e: may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement or to a national planning standard f: may recommend that a national policy statement, a New Zealand coastal policy statement, a national planning standard, 4: The EPA must provide a: the applicant; and b: the local authority; and c: any other relevant local authorities; and d: the persons who made submissions on the matter; and e: the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and f: the Minister; and g: if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision. 5: The EPA must publish the board's report and give public notice of where and how copies of it can be obtained. 6: Nothing in section 37(1) 7: The EPA's functions under this section are in addition to the EPA's functions under section 114(7)(a) 8: For the purposes of subsection (4)(d), the EPA is to be taken to have provided a copy of the final report to a submitter if— a: the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and b: the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and c: the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a). Section 149R inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149R heading amended 19 April 2017 section 93(1) Resource Legislation Amendment Act 2017 Section 149R(1) replaced 19 April 2017 section 93(2) Resource Legislation Amendment Act 2017 Section 149R(2) amended 19 April 2017 section 93(3) Resource Legislation Amendment Act 2017 Section 149R(2)(b) amended 1 July 2020 section 53 Resource Management Amendment Act 2020 Section 149R(2A) replaced 19 April 2017 section 93(4) Resource Legislation Amendment Act 2017 Section 149R(2B) repealed 19 April 2017 section 93(4) Resource Legislation Amendment Act 2017 Section 149R(3)(e) amended 19 April 2017 section 93(5) Resource Legislation Amendment Act 2017 Section 149R(3)(f) amended 19 April 2017 section 93(6) Resource Legislation Amendment Act 2017 Section 149R(4) amended 19 April 2017 section 93(7) Resource Legislation Amendment Act 2017 Section 149R(7) inserted 1 October 2011 section 44 Resource Management Amendment Act (No 2) 2011 Section 149R(8) inserted 19 April 2017 section 93(8) Resource Legislation Amendment Act 2017 149RA: Minor corrections of board decisions, etc 1: At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor omissions, errors, or other defects 2: The board may correct a resource consent as if the board were a consent authority acting under section 133A 3: The board may amend a proposed plan as if the board were a local authority acting under clause 16(2) a: the day on which the local authority approves the proposed plan under clause 17 clause 19 b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired. 3A: The board may amend a proposed regional policy statement as if the board were a local authority acting under clause 16(2) a: the day on which the local authority approves the proposed regional policy statement under clause 17 b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired. 4: The board may correct a requirement before the earlier of the following: a: the day on which the local authority includes the relevant designation or heritage order in its district plan and any proposed district plan under section 175(2) b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired. Section 149RA inserted 4 September 2013 section 30 Resource Management Amendment Act 2013 Section 149RA(1) amended 19 April 2017 section 94 Resource Legislation Amendment Act 2017 Section 149RA(3A) inserted 1 July 2020 section 54 Resource Management Amendment Act 2020 149S: Minister may extend time by which board must report 1: Despite section 149R(2) 2: The Minister may grant an extension only if— a: he or she considers that special circumstances apply; and b: the time period as extended does not exceed 18 months from— i: the day on which the EPA gives public notice under section 149C section 142(2) 147(1)(a) ii: the day on which the EPA gives public notice under section 149O iii: the day on which the EPA gives limited notification under section 149ZC(4) 3: However, the Minister may grant an extension that results in a time period greater than that described in subsection (2)(b) if the applicant agrees. 3A: For the purposes of subsection (2)(b), the period of 18 months excludes any time while an inquiry is suspended under section 149ZG(3) 4: The EPA must give written notice to the following persons if the Minister grants an extension under subsection (1), or each time the Minister grants an extension under subsection (1), as the case may be: a: the applicant; and b: the local authority; and c: any person who made a submission on the matter. 5: The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board. 6: Subsection (5) does not limit subsection (1). Section 149S inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149S(3A) inserted 19 April 2017 section 95 Resource Legislation Amendment Act 2017 Section 149S(5) inserted 4 September 2013 section 31 Resource Management Amendment Act 2013 Section 149S(6) inserted 4 September 2013 section 31 Resource Management Amendment Act 2013 Matter decided by Environment Court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149T: Matter referred to Environment Court 1: This section applies if the Minister makes a direction under section 142(2)(b) 147(1)(b) 2: The matter is referred to the Environment Court by the applicant lodging with the court— a: a notice of motion specifying the orders sought and the grounds on which the application is made; and b: a supporting affidavit on the circumstances giving rise to the application. 3: The applicant must— a: serve a copy of the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and b: serve the documents as soon as is reasonably practicable after lodging them; and c: tell the Registrar when the documents have been served. 4: If the matter is a change to a district plan proposed by a territorial authority under clause 2 clause 4 5: The court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person. 6: Section 274 Section 149T inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149U: Consideration of matter by Environment Court 1: The Environment Court, when considering a matter referred to it under section 149T a: have regard to the Minister's reasons for making a direction in relation to the matter; and b: consider any information provided to it by the EPA under section 149G c: act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be. 2: If considering a matter that is an application for a resource consent, the court must apply sections 104 to 104D 105 to 112 138A 3: If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the court must apply sections 104 to 104D 105 to 112 a: it were a consent authority and the application were an application for resource consent for a discretionary activity; and b: every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively. 4: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court— a: must have regard to the matters set out in section 171(1) section 171(1A) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 4A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)(b)(iii) requiring a financial contribution (as defined in section 108(9) 5: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). 6: If considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan, the court— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 66 to 70 77A 77D 7: If considering a matter that is a change to a district plan or a variation to a proposed district plan, the court— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 74 to 77D 7A: If considering a matter relating to a regional policy statement, the court— a: must apply clause 10(1) to (3) b: may exercise the powers under section 293 c: must apply sections 61 62 8: Part 11 Section 149U inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149U(2) amended 1 July 2020 section 55(1) Resource Management Amendment Act 2020 Section 149U(3) amended 1 July 2020 section 55(2) Resource Management Amendment Act 2020 Section 149U(4A) inserted 1 July 2020 section 55(3) Resource Management Amendment Act 2020 Section 149U(6)(c) amended 1 July 2020 section 55(4) Resource Management Amendment Act 2020 Section 149U(7A) inserted 1 July 2020 section 55(5) Resource Management Amendment Act 2020 Appeals Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149V: Appeal from decisions only on question of law 1: A person described in section 149R(4)(a) to (f) section 149R(1) or 149U 2: An applicant for a matter to which section 149M 3: If the appeal is from a decision of a board of inquiry, sections 300 to 307 a: every reference to the Environment Court in those sections must be read as a reference to the board of inquiry; and b: those sections must be read with any other necessary modifications; and c: the High Court Rules 2016 4: If the appeal is from a decision of the Environment Court, section 299 5: No appeal may be made to the Court of Appeal from a determination of the High Court under this section. 6: However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76 7: If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75 8: No appeal may be made from any appeal determined by the Court of Appeal in accordance with subsection (7). 9: Despite any enactment to the contrary,— a: an application for leave for the purposes of subsection (6) must be filed no later than 10 working days after the determination of the High Court; and b: the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies as a matter of priority and urgency. Section 149V inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149V(3)(c) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 149V(6) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 149V(7) amended 1 March 2017 section 183(b) Senior Courts Act 2016 3: Miscellaneous provisions Subpart 3 inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Process after decision of board of inquiry or court on certain matters Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149W: Local authority to implement decision of board or court about proposed regional plan or change or variation 1: Subsections (2) and (3) apply to a local authority if a board of inquiry or the Environment Court— a: considers a matter that is a proposed regional plan, a change to a plan, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement; and b: decides that changes must be made to that matter. 2: As soon as practicable after receiving notice of the decision of the board or the court under section 149R(4) 149U a: the local authority must amend the proposed regional plan or a change or variation to a plan or regional policy statement clause 16(1) section 293 b: if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan) , or a regional policy statement i: approve the proposed plan, change, or variation under clause 17 ii: make the plan, change, or variation operative by giving public notice in accordance with clause 20 c: if the decision is in respect of a change or variation to a regional coastal plan, the local authority must— i: adopt the change or variation under clause 18(1) ii: send the plan to the Minister of Conservation for his or her approval in accordance with clause 19 iii: following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20 3: For the purposes of subsection (2)(c)(ii), clause 19 4: A local authority must comply with section 175 Section 149W inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149W(1) replaced 1 July 2020 section 56(1) Resource Management Amendment Act 2020 Section 149W(2)(a) amended 1 July 2020 section 56(2) Resource Management Amendment Act 2020 Section 149W(2)(b) amended 1 July 2020 section 56(3) Resource Management Amendment Act 2020 149X: Residual powers of local authority 1: Subsection (2) applies to a resource consent that has been granted by a board of inquiry or the Environment Court under section 149R 149U 2: The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself. 3: Subsection (4) applies to a requirement confirmed (with or without modifications) by a board of inquiry or the Environment Court under section 149R 149U 4: The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself. Section 149X inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Minister makes direction to refer matter to local authority Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149Y: EPA must refer matter to local authority if direction made by Minister 1: This section applies if the Minister makes a direction under section 147(1)(c) 2: The EPA must give notice of the Minister's direction to the local authority and the applicant. 3: The EPA must also— a: provide the local authority with— i: the matter; and ii: all the material received by the EPA that relates to the matter; and b: inform the local authority that it must process the matter in accordance with section 149Z Section 149Y inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149Z: Local authority must process referred matter 1: A local authority must process a matter referred to it under section 149Y(3) section 149ZA 2: If the matter is an application for a resource consent, the local authority must treat the application as if— a: it had been made to the local authority under section 88(1) b: it had been lodged on the date that the local authority received notification from the EPA under section 149Y(3) c: section 88(3) and (3A) 3: If the matter is a notice of requirement for a designation or to alter a designation, the local authority must treat the notice as if it had been— a: given to the local authority under section 168 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 4: However, if the matter is a notice of requirement for a designation, or to alter a designation, to which section 168A(1) 181(4) section 168A or 181 section 149Y(3) 5: If the matter is a notice of requirement for a heritage order or to alter a heritage order, the local authority must treat the notice as if it had been— a: given to the local authority under section 189 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 6: However, if the matter is a notice of requirement for a heritage order, or to alter a heritage order, to which section 189A(1) 195A(5) section 149Y(3) 7: If the matter is a request for the preparation of a regional plan or a change to a plan, the local authority must treat the request as if it had been— a: made to the local authority under clause 21 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) 8: If the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been— a: made to the local authority under section 127 b: lodged on the date that the local authority received notification from the EPA under section 149Y(3) Section 149Z inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149Z(2)(c) amended 3 March 2015 section 105 Resource Management Amendment Act 2013 Minister's powers to intervene in matter Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149ZA: Minister's powers to intervene in matter 1: The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter: a: to make a submission on the matter for the Crown: b: to appoint a project co-ordinator for the matter to advise the local authority: c: if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters: d: if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter. 2: In deciding whether to act under subsection (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance. 3: If the Minister makes a direction under subsection (1)(c),— a: the local authorities must hold the joint hearing; and b: section 102 4: If the Minister appoints a hearings commissioner under subsection (1)(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority. 5: To avoid doubt, if the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subsection (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under section 146(2) Section 149ZA inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Process if related matter already subject to direction to refer to board of inquiry or court Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149ZB: How EPA must deal with certain applications and notices of requirement 1: This section applies to a matter that is an application or notice of requirement described in subsection (2) if— a: the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) 147(1)(a) or (b) b: the application or notice was lodged with the EPA either— i: before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under section 142(2) 147(1)(a) or (b) ii: after the matter or matters have been determined by the board or the court and the matter or matters have been granted or confirmed. 2: The applications and notices are— a: an application for a resource consent: b: an application for a change to or cancellation of the conditions of a resource consent: c: a notice of requirement to alter a designation: d: a notice of requirement to alter a heritage order. 3: In addition to making a recommendation to the Minister under section 146 section 147(1)(a), (b), or (c) sections 149ZCB to 149ZCF Section 149ZB inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149ZB(3) amended 18 October 2017 section 152 Resource Legislation Amendment Act 2017 149ZC: Minister to decide whether application or notice of requirement to be notified 1: If the Minister decides to make a direction under section 147(1)(a) or (b) section 149ZB 2: The Minister must apply sections 149ZCB to 149ZCF 3: If the Minister decides that the application or notice is to be publicly notified, sections 149C to 149E 4: If the Minister decides that the application or notice is not to be publicly notified, but is to be subject to limited notification, the EPA must give limited notification of the application or notice 5: Any person who receives a notice under subsection (4) may make a submission to the EPA and, for that purpose, section 149E(3) to (6) 6: However, the closing date for making a submission under subsection (5) is 20 working days after the day on which the EPA gives the notice under subsection (4). Section 149ZC inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 149ZC(2) replaced 18 October 2017 section 153(1) Resource Legislation Amendment Act 2017 Section 149ZC(4) amended 18 October 2017 section 153(2) Resource Legislation Amendment Act 2017 149ZCA: Application of sections 149ZCB to 149ZCF Sections 149ZCB to 149ZCF section 149ZB section 149ZC Section 149ZCA inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 149ZCB: Public notification of application or notice at Minister's discretion 1: The Minister may, in his or her discretion, decide whether to require the EPA to publicly notify an application or a notice. 2: Despite subsection (1), the EPA must publicly notify an application or a notice if— a: the Minister decides (under section 149ZCE b: the applicant requests public notification of the application or notice; or c: a rule or national environmental standard requires public notification of the application or notice. 3: Despite subsections (1) and (2)(a), the EPA must not publicly notify the application or notice if— a: a rule or national environmental standard precludes public notification of the application or notice; and b: subsection (2)(b) does not apply. 4: Despite subsection (3), the EPA may publicly notify an application or a notice if the Minister decides that special circumstances exist in relation to the application or notice. 5: To avoid doubt, if an application or notice is to be publicly notified in accordance with this section, sections 149C to 149E Section 149ZCB inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 149ZCC: Limited notification of application or notice 1: If the Minister decides not to require the EPA to publicly notify an application or a notice, the Minister must, in relation to the activity,— a: decide if there is any affected person (under section 149ZCF b: identify any affected protected customary rights group or affected customary marine title group. 2: The EPA must give limited notification of the application or notice to any affected person unless a rule or national environmental standard precludes limited notification of the application or notice. 3: The EPA must give limited notification of the application or notice to an affected protected customary rights group or affected customary marine title group even if a rule or national environmental standard precludes public or limited notification of the application or notice. 4: In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities. 5: To avoid doubt, if an application or notice is to be limited notified in accordance with this section, section 149ZC(4) Section 149ZCC inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 149ZCD: Public notification of application or notice after request for further information 1: Despite section 149ZCB(1) a: the Minister has not already required the EPA to give public or limited notification of the application or notice; and b: subsection (2) applies. 2: This subsection applies if the EPA requests further information on the application or notice under section 149(2)(a) a: does not provide the information before the deadline concerned; or b: refuses to provide the information. 3: This section applies despite any rule or national environmental standard that precludes public or limited notification of the application or notice. Section 149ZCD inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 149ZCE: Minister to decide if adverse effects likely to be more than minor For the purpose of deciding under section 149ZCB(2)(a) a: must disregard any effects on persons who own or occupy— i: the land in, on, or over which the activity will occur or apply; or ii: any land adjacent to that land; and b: may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and c: in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and d: must disregard trade competition and the effects of trade competition; and e: must disregard any effect on a person who has given written approval in relation to the relevant application or notice. Section 149ZCE inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 149ZCF: Minister to decide if person is affected person 1: The Minister must decide that a person is an affected person, in relation to an activity, if the adverse effects of the activity on the person are minor or more than minor (but are not less than minor). 2: The Minister, in making his or her decision,— a: may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and b: in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the activity does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and c: must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11 3: Despite anything else in this section, the Minister must decide that a person is not an affected person if— a: the person has given, and not withdrawn, approval for the activity in a written notice received by the authority before the authority has decided whether there are any affected persons; or b: it is unreasonable in the circumstances to seek the person's written approval. Section 149ZCF inserted 18 October 2017 section 154 Resource Legislation Amendment Act 2017 Costs of processes under this Part Heading inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149ZD: Costs of processes under this Part recoverable from applicant 1: A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part. 2: The EPA may recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged). 3: The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA). 4: The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under this Part. 5: The local authority, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section. 6: When recovering costs under this section, the local authority, EPA, or Minister must have regard to the following criteria: a: the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate: b: the applicant should be required to pay for costs only to the extent that the benefit of the actions of the local authority, EPA, or Minister (as the case may be) to which the costs relate is obtained by the applicant as distinct from the community as a whole: c: the extent to which any activity by the applicant reduces the cost to the local authority, EPA, or Minister (as the case may be) of carrying out any of its functions, powers, and duties. 7: A person may object under section 357B Section 149ZD inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149ZE: Remuneration, allowances, and expenses of boards of inquiry The Fees and Travelling Allowances Act 1951 section 149J a: the board is a statutory board within the meaning of the Act; and b: a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs: i: remuneration by way of fees, salary, or allowances under the Act; and ii: travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and c: the Act applies to payments under paragraph (b). Section 149ZE inserted 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 149ZF: Liability to pay costs constitutes debt due to EPA or the Crown 1: This section applies when— a: the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4) b: the requirement to pay is final, in that the person who is required to pay— i: has not objected under section 357B section 358 ii: has objected or appealed and the objection or the appeal has been decided against that person. 2: The costs referred to in subsection (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction. Section 149ZF inserted 19 April 2017 section 96 Resource Legislation Amendment Act 2017 149ZG: Process may be suspended if costs outstanding 1: This section applies if— a: the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4) b: the EPA has given the person written notice that, unless the costs specified in the notice are paid,— i: the EPA may cease to carry out its functions in relation to the matter; and ii: if it does so, the inquiry will be suspended. 2: If the person referred to in subsection (1)(b) fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter. 3: If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended. 4: If the EPA ceases to carry out its functions in respect of the matter, but subsequently the person required to pay the costs does so,— a: the EPA must resume carrying out its functions in respect of the matter; and b: the inquiry is resumed. 5: The EPA must, as soon as practicable after an inquiry is suspended under subsection (3) or is resumed under subsection (4)(b), notify the following that the inquiry is suspended or has resumed (as the case may be): a: the applicant; and b: the board; and c: the Minister; and d: the relevant local authority; and e: every person who has made a submission on the matter. 6: Nothing in this section affects or prejudices the right of a person to object under section 357B section 358 Section 149ZG inserted 19 April 2017 section 96 Resource Legislation Amendment Act 2017 150: Residual powers of authorities Section 150 repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 150AA: Reference to Environment Court Section 150AA repealed 1 October 2009 section 100 Resource Management (Simplifying and Streamlining) Amendment Act 2009 6A: Aquaculture moratorium Part 6A inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 150A: Interpretation In this Part, unless the context otherwise requires,— application moratorium a: beginning on 28 November 2001; and b: ending on the close of— i: 31 December 2004; or ii: in relation to a coastal marine area described in an order made under section 150C Section 150A inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150A moratorium replaced 19 March 2004 section 5 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 150B: Moratorium 1: Subsection (2) applies to— a: an application that requires public notification b: an application that does not require public notification i: it was made to a consent authority before the moratorium; and ii: the consent authority had not, before the moratorium, decided not to give limited notification of the application 2: The consent authority must not process or determine the application until the moratorium has expired in relation to the area that the application relates to. 3: Subsection (4) applies if an application is made to a consent authority during the moratorium. 4: The consent authority— a: must not process the application; and b: must not determine the application; and c: must return the application, and any fee accompanying it, to the applicant as soon as practicable. 5: This section does not apply to an application if— a: the application relates to a coastal marine area that, immediately before the moratorium, was subject to— i: a coastal permit; or ii: a marine farming lease or licence under the Marine Farming Act 1971 b: the application is for a new coastal permit for the same activities in the same area. Section 150B inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150B(1)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 150B(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 150B(1)(b)(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 150C: Earlier expiry of moratorium in relation to specified areas 1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than 31 December 2004 2: The Minister must not make a recommendation unless— a: the regional council concerned has requested the Minister to make the recommendation; and b: the Minister is satisfied, based on information and explanations provided by the regional council, that— i: a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and ii: the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and iii: the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future. 3: The Minister must make a recommendation under subsection (1) within 40 4: For the purposes of subsection (3), sections 37 37A 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 150C inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Section 150C(1) amended 19 March 2004 section 6(1) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 Section 150C(3) amended 19 March 2004 section 6(2) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 Section 150C(4) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 150C(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 150D: Pending applications to be considered under rules as at end of moratorium Section 150D repealed 1 January 2005 section 12 Resource Management Amendment Act (No 2) 2004 150E: Transitional provision Section 150E repealed 1 January 2005 section 12 Resource Management Amendment Act (No 2) 2004 150F: No compensation No compensation is payable by the Crown to any person for any loss or damage arising from the application of this Part. Section 150F inserted 26 March 2002 section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 Certain coastal permits continued Heading inserted 19 March 2004 section 7 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 150G: Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued 1: This section applies to coastal permits issued— a: in the period beginning on 1 June 1995 and ending with the close of 1 August 2003; and b: for the occupation of an area in the coastal marine area for the purpose of aquaculture activities, and for any activity related to that occupation. 2: A coastal permit is given effect to when the holder of the permit applies under section 67J section 67Q 3: A coastal permit that has lapsed under section 125 section 125 section 67J section 67Q Section 150G inserted 19 March 2004 section 7 Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 7: Coastal tendering 151AA: Part not to apply to applications to occupy coastal marine area This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area. Section 151AA inserted 1 January 2005 section 13 Resource Management Amendment Act (No 2) 2004 151: Interpretation In this Part, unless the context otherwise requires,— authorisation section 161 Minister Order in Council section 152 Section 151 public notice repealed 18 October 2017 section 155 Resource Legislation Amendment Act 2017 152: Order in Council may be made requiring holding of authorisation 1: The Governor-General may, by Order in Council, on the advice of the Minister, direct that a consent authority must not grant a coastal permit, in respect of a specified part of the marine and coastal area (other than in respect of any specified freehold land) that would, if granted, authorise the permit holder— a: b: remove any sand, shingle, shell, section 12(4) c: reclaim or drain any of such land that is foreshore or seabed— unless the applicant for the coastal permit is the holder of an authorisation authorising such 2: Every Order in Council made under subsection (1) may, by Order in Council made on the advice of the Minister, be amended or revoked. 3: The Minister shall not advise the making of an Order in Council under subsection (1) or subsection (2) which relates to any activity described in subsection (1)(c) 4: The Minister shall not advise the making of an Order in Council under subsection (1) or (2) unless the Minister considers that there is, or is likely to be, in respect of any area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities referred to in subsection (1). 5: Every Order in Council made under subsection (1), and every Order in Council made under subsection (2) amending a previous Order in Council, shall expire on the second anniversary of the date on which— a: in the case of an Order in Council made under subsection (1), it came into force: b: in the case of an Order in Council made under subsection (2), the original Order in Council amended came into force. 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 152(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 152(1) amended 1 January 2005 section 14(1)(b) Resource Management Amendment Act (No 2) 2004 Section 152(1)(a) repealed 1 January 2005 section 14(1)(a) Resource Management Amendment Act (No 2) 2004 Section 152(1)(b) amended 7 July 1993 section 80 Resource Management Amendment Act 1993 Section 152(3) amended 1 January 2005 section 14(2) Resource Management Amendment Act (No 2) 2004 Section 152(4) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 152(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 153: Application of Order in Council An Order in Council shall not apply to or affect— a: any application for a coastal permit made before the date on which the Order in Council came into force: b: any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something— i: that otherwise would contravene section 14 section 15 section 15A section 15B ii: that otherwise would contravene section 12 section 152(1)(b) or (c) c: any application to which any of sections 389 390 390A 390C 393 and 395 d: any application for a coastal permit to which section 124 e: any of the following in force or being carried out on the date on which the Order in Council came into force: i: any coastal permit: ii: any lease, licence, permit, Order in Council, or approval described in section 425 iii: any permitted activity in the coastal marine area: iv: any other lawful activity. Section 153(b)(i) replaced 1 August 2003 section 59 Resource Management Amendment Act 2003 Section 153(b)(ii) replaced 1 August 2003 section 59 Resource Management Amendment Act 2003 Section 153(b)(ii) amended 1 January 2005 section 15(1) Resource Management Amendment Act (No 2) 2004 Section 153(c) amended 1 January 2005 section 15(2) Resource Management Amendment Act (No 2) 2004 Section 153(c) amended 7 July 1993 section 81 Resource Management Amendment Act 1993 Section 153(d) replaced 17 December 1997 section 33(2) Resource Management Amendment Act 1997 Section 153(e)(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 154: Publication, etc, of Order in Council The Minister shall as soon as practicable— a: cause a copy of every Order in Council to be served on the appropriate regional council; and b: cause a notice of the making of the Order in Council and its effect to be served on— i: the Minister for the Environment: ii: iii: every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates: iv: the tangata whenua of that region, through iwi authorities c: Section 154(b)(ii) repealed 1 October 2009 section 101 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 154(b)(iv) amended 10 August 2005 section 84 Resource Management Amendment Act 2005 Section 154(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 155: Particulars of Order in Council to be endorsed on regional coastal plan On receipt of a copy of an Order in Council under section 154 156: Effect of Order in Council Except as otherwise provided in section 153 a: b: remove any sand, shingle, shell, section 12(4) c: reclaim or drain any of such land that is foreshore or seabed— unless the applicant for that permit is the holder of an authorisation authorising such Section 156 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 156 amended 1 January 2005 section 16(b) Resource Management Amendment Act (No 2) 2004 Section 156(a) repealed 1 January 2005 section 16(a) Resource Management Amendment Act (No 2) 2004 Section 156(b) amended 7 July 1993 section 82 Resource Management Amendment Act 1993 157: Calling of public tenders for authorisations 1: Where an Order in Council is in force in respect of any part of the coastal marine area, the Minister may, from time to time and at any time, by public tender of which public notice has been given, offer authorisations for the whole or any portion of that part in respect of all or any activities to which the Order in Council applies. 2: The public notice of every such offer shall— a: specify the range of activities to which the authorisation, once issued, will apply; and b: describe the area of land to which the authorisation, once issued, will apply, including the size, shape, and location of that area; and c: specify the closing date for tenders, which may be any date the Minister considers appropriate; and d: specify the manner in which tenders must be submitted. 3: Every such public notice may also specify— a: b: in the case of extraction, the maximum tonnage and period (not exceeding 35 years) of extraction: c: whether or not it is intended that the area will be retendered when the coastal permit to which it relates expires. 4: The Minister may amend, revoke, or replace any such notice before the time by which tenders must be received expires. Section 157(3)(a) repealed 1 January 2005 section 17 Resource Management Amendment Act (No 2) 2004 158: Requirements of tender 1: Every tender for an authorisation shall— a: specify the activity or range of activities in respect of which the authorisation is sought; and b: c: in respect of an activity to which section 152(1)(b) d: specify the total remuneration offered, including— i: any initial payment for the authorisation: ii: iii: any royalty for the extraction of material, and any proposed formula for adjustment of royalty. 1A: 2: Every such tender shall be accompanied by— a: the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and b: any additional information specified in the public notice calling for tenders. Section 158(1)(b) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004 Section 158(1)(d)(ii) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004 Section 158(1A) repealed 1 January 2005 section 18 Resource Management Amendment Act (No 2) 2004 159: Acceptance of tender, etc 1: After having regard to— a: the interests (including the financial interests) of the Crown in the coastal marine area; and b: the financial and other circumstances of the tenderers; and c: any other matters the Minister considers relevant— the Minister may in the Minister's discretion— d: accept any tender, whether or not it is the highest tender; or e: enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or f: reject all tenders and call for new tenders under section 157 2: On making a decision to accept a tender or to reject all tenders, the Minister shall forthwith give written notification of the decision and the reasons for it to the appropriate regional council and every tenderer. 3: When giving notification under subsection (2) of the decision to accept a tender, the Minister shall include in the notification details of the name of the successful tenderer and the nature of the activity to which the tender relates. 4: If the Minister reaches an agreement with a tenderer pursuant to subsection (1)(e), the Minister shall forthwith give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates. 160: Notice of acceptance of tender 1: Every tender accepted in accordance with section 159 2: At the same time as giving any written notice of acceptance under subsection (1), the Minister shall also give written notice to every other tenderer of the failure of their tender and, on request, shall return all documents submitted with each unsuccessful tender. 161: Grant of authorisation 1: Where the Minister gives notice of acceptance of a tender under section 160 section 159(1)(e) 2: The Minister shall cause a copy of every such authorisation to be given to the appropriate regional council. 162: Authorisation not to confer right to coastal permit, etc 1: The granting of an authorisation under section 161 2: If a coastal permit is granted to the holder of an authorisation in respect of an area to which the authorisation relates, that permit— a: in the case of an activity to which section 152(1)(b) i: must not be granted for a period greater than the period specified in the authorisation; and ii: must not authorise the removal of any material at a rate, or of a total quantity, greater than that specified in the authorisation; and b: is subject to section 112 c: Section 162(2)(a) replaced 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004 Section 162(2)(b) replaced 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004 Section 162(2)(c) repealed 1 January 2005 section 19 Resource Management Amendment Act (No 2) 2004 163: Authorisation transferable Every authorisation may be transferred by its holder to any other person, but the transfer shall not take effect until written notice of it has been given to and received by the Minister and the appropriate regional council. 164: Authorisation to lapse in certain circumstances 1: Subject to subsection (2), an authorisation shall lapse unless, within 2 years after it was granted, its holder has obtained a coastal permit which includes conditions authorising the holder to undertake the activity and (if relevant) occupy the area in respect of which the authorisation was granted. 2: Where— a: before the second anniversary of the date an authorisation is granted, its holder has applied for a coastal permit in respect of the activity to which the authorisation relates; and b: on that second anniversary date— i: no decision has been made by the consent authority on that application; or ii: the consent authority has made a decision, but the time for lodging appeals to the Environment Court court the authorisation shall not lapse until the time for lodging an appeal in respect of the decision has expired, or the decision of the court Section 164(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 164(2)(b)(ii) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 165: Tender money 1: Where a person to whom an authorisation has been granted forwarded an initial payment to the Minister pursuant to section 158(2) a Public Finance Act 1989 2: Where an authorisation granted to a person to whom subsection (1) applies has lapsed pursuant to section 164 a 3: Where any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister pursuant to section 158(2) Section 165(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 165(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 7A: Occupation of common marine and coastal area Part 7A inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Part 7A heading amended 1 October 2011 section 48 Resource Management Amendment Act (No 2) 2011 165A: Overview 1: This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart. 2: Subpart 1 a: a power to refuse to receive an application for a coastal permit to occupy the common marine and coastal area if made within 1 year after refusing a similar application: b: provisions about the contents of a regional coastal plan: c: requirements for a regional council (before including a rule in a regional coastal plan or proposed regional coastal plan about the allocation of space in the common marine and coastal area) to have regard to, and be satisfied about, certain matters: d: a power by Order in Council to direct a regional council not to proceed with the allocation of authorisations or to proceed as specified in the order: e: a power of the Minister of Conservation to approve a method of allocating authorisations: f: general provisions about authorisations: g: a power of the Minister of Aquaculture, on request from a regional council, to suspend receipt of applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities or to direct a regional council to process and hear applications together. 3: Subpart 2 4: Subpart 3 5: Subpart 4 a: as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and b: is operative when a concurrent application is lodged. Section 165A replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165AB: Establishment of aquaculture management areas Section 165AB repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165B: Relationship of Part with rest of Act The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part. Section 165B replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165BB: Some applications for coastal permits must be cancelled Section 165BB repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165BC: Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan Section 165BC repealed 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 1: Managing occupation in common marine and coastal area Subpart 1 replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165C: Interpretation In this subpart, unless the context otherwise requires,— authorisation Minister public notice section 2AB tender trustee section 4 1991 No 69 s 165A Section 165C replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165C public notice amended 18 October 2017 section 156 Resource Legislation Amendment Act 2017 165D: Power of consent authorities to refuse to receive applications for coastal permits For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type in respect of the same space or in respect of space in close proximity to the space concerned. 1991 No 69 s 165B Section 165D replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165E: Applications in relation to aquaculture settlement areas 1: No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004 a: relates to that space and activity; and b: was provided to the trustee under section 13 2: A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only— a: to the extent that that activity is compatible with aquaculture activities; and b: after consultation with the trustee and iwi in the region. 3: Subsection (1) does not affect any application received by a consent authority— a: after 1 January 2005; but b: before the space became an aquaculture settlement area. 4: In subsection (2)(b), iwi Maori Fisheries Act 2004 Section 165E replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Regional coastal plan provisions relating to occupation of common marine and coastal area Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165F: Provisions about occupation of common marine and coastal area 1: A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying— a: that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice: b: that the consent authority may process and hear together applications for coastal permits for the occupation of— i: the same space in a common marine and coastal area; or ii: different spaces in a common marine and coastal area that are in close proximity to each other: c: that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b): d: limits on— i: the character, intensity, or scale of activities associated with the occupation of space: ii: the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities. 2: However, a rule made for the purposes of subsection (1)(a) does not apply to an application made for a coastal permit under an authorisation. 3: For the purposes of subsection (1), a provision in a regional coastal plan or proposed regional coastal plan may relate to an activity, 1 or more classes of activities, or all activities. 1991 No 69 s 165D Section 165F replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165G: Plan may specify allocation methods A regional coastal plan or proposed regional coastal plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations. 1991 No 69 s 165H Section 165G replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165H: Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan 1: Before including a rule in a regional coastal plan or proposed regional coastal plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must— a: have regard to— i: the reasons for and against including the proposed rule; and ii: if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,— A: the reasons why allocation other than by a method of allocating authorisations is justified; and B: how this may affect the preferential rights provided for in section 165W iii: if the proposed rule provides for a method of allocating authorisations other than by public tender,— A: the reasons why allocation other than by public tender is justified; and B: how this may affect the preferential rights provided for in section 165W b: be satisfied that— i: a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and ii: if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space. 1A: The regional council must— a: prepare a report summarising the matters required by subsection (1); and b: make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the regional coastal plan or proposed regional coastal plan. 2: Sections 32 32AA 3: Subsection (1) applies subject to an Order in Council made under section 165K 4: A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 1 5: Subsection (4) does not preclude a person who is hearing a submission or an appeal on a proposed regional coastal plan from taking into account the matters stated in subsection (1). 1991 No 69 s 165I Section 165H replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165H(1A) inserted 3 December 2013 section 80(1) Resource Management Amendment Act 2013 Section 165H(2) amended 3 December 2013 section 80(2) Resource Management Amendment Act 2013 165I: Offer of authorisations for activities in common marine and coastal area in accordance with plan 1: If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area. 2: Subsection (1) applies subject to— a: subsection (3); and b: any Order in Council made under section 165K 3: A regional council must give the Minister not less than 4 months' notice before making an offer of authorisations under subsection (1). 1991 No 69 s 165F Section 165I replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165J: When applications not to be made unless applicant holds authorisation in accordance with plan 1: Subsection (2) applies to space in the common marine and coastal area if a regional coastal plan or a rule in a proposed regional coastal plan that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space. 2: A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of— a: an authorisation that relates to the space and activity; or b: a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation. 3: Subsection (2) does not affect any applications received by the regional council before the regional coastal plan became operative or the rule in a proposed regional coastal plan had legal effect. 4: Subsection (2) does not affect any application referred to in section 165ZH a: after a rule in a proposed regional coastal plan has legal effect; but b: before the rule becomes operative. 1991 No 69 s 165K Section 165J replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165K: Power to give directions relating to allocation of authorisations for space provided for in plan 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council whose regional coastal plan or any proposed regional coastal plan provides for a rule in relation to a method of allocating authorisations for space in a common marine and coastal area— a: not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or b: in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council. 2: The Minister may make a recommendation under subsection (1) only for 1 or more of the following purposes: a: to give effect to Government policy in the common marine and coastal area: b: to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992: c: to facilitate compliance with section 165W d: to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004. 3: The matters referred to in subsection (1)(b) include— a: the allocation method to be used: b: subject to sections 123 123A c: the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown: d: the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation. 4: If an Order in Council contains a direction under subsection (3)(a), the order must be made before— a: the relevant proposed plan is notified under clause 5 26 b: the Minister approves the relevant regional coastal plan under clause 19 5: If an Order in Council contains a direction under subsection (3)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 165I 6: Subject to subsection (4), the Minister may make a recommendation under subsection (1) only if the Minister makes the recommendation within 3 months after receiving a notice under section 165I(3) 7: An Order in Council does not affect the following if made before the Order in Council comes into force: a: a publicly notified offer of authorisations: b: an application for a coastal permit. 8: An authorisation allocated in accordance with subsection (3)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 9: An order under this section is secondary legislation ( see Part 3 1991 No 69 s 165O 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 165K replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165K(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Ministerial approval of use of method of allocating authorisations Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165L: Regional council may request use of allocation method 1: This section applies if— a: in a regional council’s opinion it is desirable due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and b: either— i: a regional coastal plan does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or ii: a regional coastal plan does provide for a rule referred to in subparagraph (i), but the regional council considers that it will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities. 2: The regional council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area. 3: A request under subsection (2) must— a: specify,— i: if it does not relate to a public tender, the proposed method for allocation of authorisations; and ii: the activities it is proposed the public tender or other allocation method will apply to; and iii: the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and iv: how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and v: the reasons for the council’s opinion that it is desirable that an allocation method be used in relation to the space; and b: if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and c: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request. 4: A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion. 5: On the day a request is made under subsection (2), or as soon as practicable afterwards, a regional council must— a: give public notice of the request; and b: give notice of the request to the Environmental Protection Authority. 6: A public notice under subsection (5) must include— a: the matters in subsection (3)(a)(i) to (iii); and b: a statement to the effect of section 165M(2) and (3) Section 165L replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165M: Stay on applications following request under section 165L 1: Subsection (2) applies if a regional council has made a request under section 165L(2) 2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 165L(5)(a) a: the day on which the regional council publicly notifies under section 165N(8) b: the day on which the approval of an allocation method is notified in the Gazette section 165N(1)(c)(i) 3: If the request is approved, section 165Q 4: Neither this section nor section 165Q section 165L(2) section 165ZH Section 165M replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165N: Minister may approve use of allocation method 1: If the Minister receives a request under section 165L(2) a: must consult with relevant Ministers, including the Minister of Aquaculture (if the request relates to aquaculture activities); and b: may— i: consult any other person whom the Minister considers it appropriate to consult; and ii: request any further information from the regional council that made the request; and c: must, within 25 working days after the date of receipt of the request,— i: by notice in the Gazette A: on the terms specified by the regional council in the request; or B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or ii: decline the request. 2: A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request. 3: Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c). 4: The Minister must not approve the request unless he or she considers that— a: there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and b: the method and terms of allocation specified in the request, or any modified terms determined by the Minister will— i: effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable. 5: In considering whether to approve a request, the Minister must have regard to— a: Government policy in relation to the common marine and coastal area: b: the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992: c: the need to facilitate compliance with section 165W d: the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004 6: As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision. 7: A Gazette a: must specify,— i: if the approval does not relate to a public tender, the other allocation method that is approved; and ii: the space and activities that the public tender or other allocation method will apply to; and iii: how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and b: may also specify 1 or more of the following: i: whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and ii: an expiry date for the approval; and iii: a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and iv: any restrictions on transferring authorisations allocated under the public tender or other allocation method; and v: that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and vi: subject to sections 123 123A vii: that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and viii: that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost. 8: If the Minister declines a request made under section 165L(2) a: the Minister must notify the regional council of the decision to decline the request; and b: the regional council must as soon as practicable after receiving notice under paragraph (a) publicly notify that— i: the request was declined; and ii: applications may be made for coastal permits to occupy any space for any activity that was the subject of the request. 9: A provision in a regional coastal plan that relates to the allocation of space to which a Gazette Gazette 10: An authorisation allocated in accordance with subsection (7)(b)(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004 Section 165N replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165O: Period of approval 1: An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette a: the date on which it is expressed in the relevant Gazette b: the date it lapses under section 165P(2) c: the date it is revoked by a further notice in the Gazette 2: The Minister may, by notice in the Gazette a: is requested to do so by the regional council; and b: considers that— i: there are no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or ii: the regional council has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities. 3: The Minister may, by notice in the Gazette Gazette Gazette a: the Minister receives a request from the regional council to do so; and b: the Minister considers that— i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and ii: the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands. Section 165O replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165P: Offer of authorisations where approved by Minister 1: If the Minister approves the use of a public tender or other method for allocating authorisations under section 165N(1)(c) 2: A Gazette section 165N(1)(c) 3: The Minister may by notice in the Gazette a: the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and b: the regional council requires further time to carry out the public tender or implement the other approved allocation method. Section 165P replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165Q: When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette 1: Subsection (2) applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette section 165N(1)(c)(i) 2: During the period that the approval to use public tendering or another allocation method applies, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity. Section 165Q replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Authorisations Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165R: Authorisation not to confer right to coastal permit 1: The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation relates to. 2: However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation. 1991 No 69 s 165L Section 165R replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165S: Authorisation transferable 1: An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned. 2: This section applies subject to any restrictions on the transfer of authorisations specified in— a: the Gazette section 165N b: the relevant regional coastal plan under which the authorisations were allocated. 1991 No 69 s 165M Section 165S replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165T: Authorisation lapses in certain circumstances 1: An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies. 2: Subsection (3) applies,— a: for an authorisation for which no earlier date is specified, if,— i: before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and ii: on the second anniversary date,— A: no decision has been made by the consent authority whether to grant or decline the application; or B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or b: for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,— i: before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and ii: on the date specified in the authorisation,— A: no decision has been made by the consent authority whether to grant or decline the application; or B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal. 3: The authorisation does not lapse until— a: the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or b: an appeal has been lodged and the court has given its decision on the appeal. 1991 No 69 s 165N Section 165T replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165U: Public notice of offer of authorisations by regional council 1: A notice given under section 165I 165P(1) a: specify the activities that the authorisation will apply to after it is issued; and b: describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and c: subject to sections 123 123A d: specify the closing date for offers; and e: specify the criteria that the regional council will apply in selecting successful offers for authorisations; and f: include details of any direction given under section 165K g: specify the manner in which offers for authorisations must be submitted; and h: specify any charge payable under section 36(1)(ca) i: specify any other matter that the regional council considers appropriate in the circumstances. 2: A notice may specify conditions on which the authorisation will be granted, including— a: a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and b: restrictions on the transfer of authorisations. 3: If an offer of authorisations is to be by tender, the notice must also— a: specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and b: specify whether or not there is a reserve price. 4: This section applies subject to an Order in Council made under section 165K 1991 No 69 s 165P Section 165U replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165V: Requirements for offers for authorisations 1: An offer for an authorisation must specify— a: the activity or range of activities in respect of which the authorisation is sought; and b: the site it applies to. 2: In the case of a tender for authorisations, the tender must also specify— a: the total remuneration offered (including any annual rental component); and b: the form of payment of the remuneration. 3: A tender must be accompanied by— a: a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and b: any additional information specified in the notice calling for tenders. 4: An offer or a tender must be accompanied by any charge payable under section 36(1)(ca) 5: If a tender is accepted under section 165X 1991 No 69 s 165Q Section 165V replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165W: Preferential rights of iwi 1: In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations. 2: Subsection (1) applies to preferential rights conferred by— a: section 316 b: section 119 c: section 79 d: section 106 e: section 118 f: section 92 3: For the purposes of subsection (1), provisions in the Acts referred to in subsection (2) relating to a preferential right that contain references to the Minister of Conservation or Part 7 1991 No 69 s 165R Section 165W replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165X: Acceptance of offer for authorisations 1: After considering the offers for authorisations in accordance with the criteria specified under section 165U a: accept any offer; or b: reject all offers; or c: reject all offers and call for new offers; or d: negotiate with any person who made an offer with a view to reaching an agreement. 2: If the offer of authorisations is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received. 3: As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer. 4: If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to. 1991 No 69 s 165S Section 165X replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165Y: Grant of authorisation If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165X 1991 No 69 s 165T Section 165Y replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165Z: Tender money 1: If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender. 2: The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989 3: If an authorisation granted to a successful tenderer has lapsed under section 165T 4: If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 165V(3) 1991 No 69 s 165U Section 165Z replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZA: Use of tender money The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region. 1991 No 69 s 165V Section 165ZA replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZB: Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities 1: This section applies if— a: a regional council has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities; and b: in the regional council's opinion— i: the provisions of a regional coastal plan will not enable it to manage effectively the identified demands; and ii: it is desirable that applications for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities be suspended to enable the regional council to amend its regional coastal plan or to use other measures available under this subpart to deal with the identified demands. 2: The regional council may request the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the space for the purpose of aquaculture activities. 3: A request under subsection (2) must— a: specify— i: the space in the common marine and coastal area it is proposed the suspension will apply to; and ii: the aquaculture activities that it is proposed the suspension will apply to; and iii: the planning or other measure that the council proposes to implement to deal with the identified demand; and iv: the proposed duration of the suspension, which must be not more than 12 months; and b: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request. 4: A regional council must— a: give public notice of a request under subsection (2) on the day the request is made or as soon as practicable after the request is made; and b: give notice of the request to the Environmental Protection Authority. 5: A public notice under subsection (4) must include— a: the matters specified in subsection (3)(a); and b: a statement to the effect of section 165ZC(2) and (3) 6: To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities. Section 165ZB replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZC: Effect on applications of request under section 165ZB 1: Subsection (2) applies if a regional council has made a request under section 165ZB(2) 2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(4)(a) a: if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6) b: if the request is granted, the date on which the Gazette section 165ZD 3: Neither this section nor section 165ZD a: any application received by the regional council before the request was made under section 165ZB(2) b: any application to which section 165ZH c: any application made in accordance with an authorisation. Section 165ZC replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZD: Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities 1: If the Minister of Aquaculture receives a request under section 165ZB(2) a: must consult the Minister of Conservation; and b: may— i: consult any other person whom the Minister considers it appropriate to consult; and ii: request any further information from the regional council that made the request; and c: must, within 25 working days after receiving the request,— i: approve the request by notice in the Gazette A: on the terms specified by the regional council in the request; or B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or ii: decline the request. 2: A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request. 3: Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c). 4: The Minister must not approve the request unless he or she considers that— a: there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; and b: the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will— i: effectively manage the high demand or competing demands identified under paragraph (a); and ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable. 5: A Gazette a: the space and aquaculture activities that the suspension on applications will apply to; and b: the date the notice expires, which must not be more than 12 months after the date of the Gazette 6: If the Minister declines a request made under section 165ZB(2) a: the Minister must notify the regional council of the decision to decline the request; and b: the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that— i: the request was declined; and ii: applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request. 7: The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette Section 165ZD replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZE: Subsequent requests for direction in relation to suspension of receipt of applications 1: The Minister of Aquaculture may issue a further Gazette section 165ZD a: a request for a further suspension on the receipt of applications is made by a regional council under section 165ZB b: the Minister considers that— i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and ii: the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and iii: the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand. 2: Sections 165ZB to 165ZD Section 165ZE replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZF: Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities 1: This section applies if, in a regional council’s opinion,— a: processing and hearing together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities would be more efficient and would enable better assessment and management of cumulative effects of the permits; and b: a regional coastal plan or proposed regional council plan does not provide adequately for efficient processing and assessment and management of the cumulative effects of permits to occupy the common marine and coastal area for the purpose of the aquaculture activities. 2: The regional council may request the Minister of Aquaculture to direct the regional council to process and hear together applications for coastal permits to occupy the space for the purpose of aquaculture activities. 3: A request under subsection (2) must— a: specify— i: the space in the common marine and coastal area it is proposed the direction will apply to; and ii: the aquaculture activities that it is proposed the direction will apply to; and iii: the applications or classes of applications it is proposed that the direction will apply to; and b: be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities if the direction were made. Section 165ZF replaced 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFA: Ministerial power to direct applications to be processed and heard together 1: If the Minister receives a request under section 165ZF(2) a: must consult the Minister of Conservation: and b: may— i: consult any other person whom the Minister considers it appropriate to consult; and ii: request any further information from the regional council that made the request; and c: must, within 25 working days after receiving the request,— i: by notice in the Gazette A: on the terms specified by the regional council in the request; or B: on terms that in the Minister’s opinion will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the notice; or ii: decline the request. 2: A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from giving a direction or declining a request. 3: Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c). 4: The Minister must not give a direction under subsection (1)(c)(i) unless he or she considers that the direction will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction. 5: The Gazette a: the space in the common marine and coastal area that the direction applies to; and b: the aquaculture activities that the direction applies to; and c: the applications or classes of applications the direction applies to, which,— i: subject to subparagraph (ii), may (without limitation) include— A: applications made on or after the date of the Gazette B: applications made but not determined before the date of the Gazette C: applications defined by reference to their contents (for example, by the size of the space they relate to); but ii: may not include applications— A: in respect of which the regional council has determined, before the date of the Gazette B: in respect of which the regional council has determined, before the date of the Gazette C: to which section 165ZH D: made more than 12 months after the date of the Gazette E: in respect of which a notice of motion has been lodged with the Environment Court under section 87G Gazette F: called in by the Minister of Conservation under section 142 Gazette G: for which a call-in request has been made by the regional council or the applicant under section 142(1)(b) Gazette H: lodged with the Environmental Protection Authority before the date of the Gazette section 147(1)(c) 6: The Gazette Gazette 7: The regional council must comply with a provision specified in the Gazette 8: The Minister must notify the decision to give a direction or to decline a request for a direction to the regional council, Minister of Conservation, and the Environmental Protection Authority. 9: On and from the date of a Gazette Gazette Section 165ZFA inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Processing and hearing together of applications for coastal permits Heading inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFB: Application of sections 165ZFC to 165ZFH Sections 165ZFC to 165ZFH a: a rule included in a regional coastal plan or a proposed regional coastal plan under section 165F b: a Gazette section 165N c: a Gazette section 165ZFA Section 165ZFB inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFC: Interpretation In this section and sections 165ZFD to 165ZFH affected application a: means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and b: includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement comes into force PHT requirement Gazette section 165ZFB Section 165ZFC inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFD: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I 1: On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 87D 2: Despite sections 87E to 87G a: the regional council is considering a request by an applicant under section 87D in respect of an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 165ZFE b: the regional council has granted a request by an applicant under section 87D section 87G(2)(a) i: the regional council must continue to process the application in accordance with sections 165ZFE 165ZFF section 87F(3) to (5) ii: the applicant may not lodge a notice of motion under section 87G(2)(a) Section 165ZFD inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFE: Processing of affected applications 1: Sections 88 to 98 2: The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants— a: of the names and contact details of the other affected applicants; and b: that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request. 3: The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 87D 4: If the regional council receives requests under subsection (2) from all the applicants in respect of affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court. 4A: Despite the discretion to grant a request under subsection (4), if regulations have been made under section 360(1)(hm) a: the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist. 5: If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants in respect of affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 165ZFF 6: If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests. 7: Section 87F(4) to (6) 8: Each applicant in respect of an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (6), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council. 9: If the regional council— a: receives advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that— i: the applicant’s affected application is to be determined by the Environment Court; and ii: the applicant must lodge a notice of motion with the Environment Court that complies with section 87G(2)(a) 15 working days b: does not receive advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must— i: give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and ii: continue to process and hear together the affected applications in accordance with this section and section 165ZFF 10: Section 87G(2)(b) and (c), (3), and (4) 11: If an applicant does not lodge a notice of motion with the Environment Court within 15 working days a: give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and b: if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion the regional council must cancel the applicant’s affected application. 12: Sections 87G(5) to (7) and 87H 13: Sections 99 100 Section 165ZFE inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 Section 165ZFE(4A) inserted 4 September 2013 section 34(1) Resource Management Amendment Act 2013 Section 165ZFE(7) amended 4 September 2013 section 34(2) Resource Management Amendment Act 2013 Section 165ZFE(9)(a)(ii) amended 3 March 2015 section 106(1) Resource Management Amendment Act 2013 Section 165ZFE(11) amended 3 March 2015 section 106(2) Resource Management Amendment Act 2013 165ZFF: Hearing of affected applications The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications: a: if a hearing is to be held in respect of any affected application,— i: a hearing must be held in respect of all affected applications; and ii: all affected applications must be heard together; and b: if an applicant or person who made a submission on an affected application makes a request under section 100A(2) section 34A(1) c: for the purposes of section 101(2) i: within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 165ZFE(2) ii: within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 165ZFE(5) or (9) d: despite section 115,— i: decisions on the affected applications are, subject to section 88(4) ii: notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii); and e: paragraph (d)(i) is subject to sections 124B 124C Section 165ZFF inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFG: Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142 1: Despite sections 142 144 a: the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and b: if the Minister decides to call in an affected application by making a direction under section 142(2) c: in deciding whether to make the direction referred to in paragraph (b), the Minister— i: may, in addition to the matters specified in section 142(3) ii: must have regard to the capacity of the local authority to process the affected applications and the views of— A: the applicants for all the affected applications; and B: the regional council; and C: if the PHT requirement was made by Gazette section 165ZFA 2: Section 165ZFF(a), (d), and (e) Part 6AA Section 165ZFG inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 165ZFH: Effect of requirement that applications be processed and heard together on lodgement of applications with EPA On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the Environmental Protection Authority under section 145 Section 165ZFH inserted 1 October 2011 section 49 Resource Management Amendment Act (No 2) 2011 2: Privately initiated plan changes Subpart 2 repealed 1 October 2011 section 50 Resource Management Amendment Act (No 2) 2011 3: Order in which applications by existing consent holders are to be processed Subpart 3 inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 165ZG: Application 1: This subpart applies— a: only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities; and b: in relation to such applications made on or after 23 August 2004. 2: However, this subpart does not apply to an application for a coastal permit to occupy space in the common marine and coastal area for an aquaculture activity if, at the time the application is made, a regional coastal plan provides for a method of allocating authorisations in respect of the space and activity. Section 165ZG inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZG(1)(a) replaced 1 October 2011 section 51(1) Resource Management Amendment Act (No 2) 2011 Section 165ZG(2) replaced 1 October 2011 section 51(2) Resource Management Amendment Act (No 2) 2011 165ZH: Processing applications for existing permit holders 1: This section applies if— a: a person holds— i: a deemed coastal permit under section 10 20 21 ii: a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and b: the permit referred to in paragraph (a)(i) or (ii) ( existing coastal permit i: is in force at the time of any application under paragraph (c); and ii: applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and c: the holder of the existing coastal permit ( existing permit holder i: for occupation of some or all of the same space; and ii: for the same or another aquaculture activity; and iii: accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and d: the application and any related applications are— i: made to the appropriate consent authority; and ii: made— A: at least 6 months before the expiry of the existing coastal permit; or B: in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate. 2: If this section applies, then— a: the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and b: no other application to occupy the space that the application relates to may be accepted before the determination of the application; and c: the holder may continue to operate under the existing coastal permit until— i: a new coastal permit is granted and all appeals are determined; or ii: a new coastal permit is declined and all appeals are determined. Section 165ZH replaced 1 October 2011 section 52 Resource Management Amendment Act (No 2) 2011 165ZI: Applications for space already used for aquaculture activities 1: This section applies to an application for a coastal permit to occupy space in the common marine and coastal area for a: the application relates to space that is subject to a permit referred to in section 165ZH b: the application is made by a person who is not the existing permit holder. 2: The application must be held by the consent authority without processing until 3 months before the expiry of the permit. 3: While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy 4: After receiving an application referred to in subsection (1), the council must notify the existing permit holder— a: of the application; and b: that the holder can make an application in accordance with section 165ZH(1)(c) 5: If an application to which section 165ZH(1)(c) 6: If the application to which section 165ZH(2) 7: If no application to which section 165ZH(2) 8: However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 165ZH(1)(c) Section 165ZI inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZI(1) amended 1 October 2011 section 53(1) Resource Management Amendment Act (No 2) 2011 Section 165ZI(3) amended 1 October 2011 section 53(2) Resource Management Amendment Act (No 2) 2011 Section 165ZI(4)(b) amended 1 October 2011 section 53(3) Resource Management Amendment Act (No 2) 2011 Section 165ZI(5) amended 1 October 2011 section 53(4)(a) Resource Management Amendment Act (No 2) 2011 Section 165ZI(5) amended 1 October 2011 section 53(4)(b) Resource Management Amendment Act (No 2) 2011 Section 165ZI(8) amended 1 October 2011 section 53(5) Resource Management Amendment Act (No 2) 2011 165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities 1AA: When considering an application under section 165ZH 1: When considering an application to which section 165ZH section 165ZI(7) or (8) a: compliance with the relevant regional coastal plan; and b: compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant. c: 2: In making an assessment under subsection (1)(a) and (b), the council must, in relation to any successful enforcement action under Part 12 a: the number of any breaches that have occurred; and b: the seriousness of the breach; and c: how recently the breach occurred; and d: the subsequent behaviour of the applicant after enforcement action. Section 165ZJ inserted 1 January 2005 section 20 Resource Management Amendment Act (No 2) 2004 Section 165ZJ(1AA) inserted 1 October 2011 section 54(1) Resource Management Amendment Act (No 2) 2011 Section 165ZJ(1) amended 1 October 2011 section 54(2) Resource Management Amendment Act (No 2) 2011 Section 165ZJ(1)(c) repealed 1 October 2011 section 54(3) Resource Management Amendment Act (No 2) 2011 4: Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities Subpart 4 inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZK: Application This subpart applies only in relation to a rule in a regional coastal plan that,— a: at the commencement of section 55 b: is still operative when a plan change request is made. Section 165ZK inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZL: Interpretation In this subpart, unless the context otherwise requires,— concurrent application section 165ZN plan change request a: made under clause 21 section 165ZK i: to provide for aquaculture activities; and ii: to make any related changes; and b: made in conjunction with, or in contemplation of, a concurrent application. Section 165ZL inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZM: Other provisions of Act apply subject to this subpart 1: The provisions of this Act relating to consent applications and plan change requests apply to concurrent applications and plan change requests under this subpart subject to the provisions of this subpart. 2: Subsections (3) to (4) do not limit subsection (1). 3: Section 36AA and any regulations made under section 360(1)(hj) 4: The following provisions of Part 6 sections 88A to 88E 91A 95 to 95G 96(7) 97 99 to 103A 115 121(1)(c) Section 165ZM inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZM(4) amended 3 March 2015 section 107 Resource Management Amendment Act 2013 165ZN: Application for coastal permit to undertake aquaculture activities 1: An application for a coastal permit to undertake an aquaculture activity in the common marine and coastal area that otherwise could not be made because of section 87A(6) a: the person making the application also makes a plan change request under clause 21 b: the application for the coastal permit is made— i: at the same time as the plan change request is made; or ii: if the plan change request is lodged with a regional council, within 20 working days after receiving the regional council's notification of its decision under clause 25(5) c: the plan change request is to change— i: the regional coastal plan to make the aquaculture activity in the common marine and coastal area a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity; and ii: related matters (if any) in the regional coastal plan; and d: the application for the coastal permit would be consistent with the plan change if the plan change request were accepted and made. 2: For the purposes of subsection (1)(d), section 165ZW(1) Section 165ZN inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZO: Identifying plan change requests and concurrent applications 1: A concurrent application must identify the plan change request it relates to. 2: A plan change request must— a: identify the concurrent application it relates to, if the plan change request and concurrent application are made at the same time; or b: specify that it is intended to lodge a concurrent application subsequently, if the plan change request is accepted. Section 165ZO inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZP: Incomplete concurrent application 1: This section applies if a concurrent application is returned, under section 88(3A) 2: The regional council is not required to take any further action on the plan change request unless the application is lodged again within the time specified in subsection (3). 3: If the application is not lodged again within 20 working days after the date on which the applicant receives the returned application, the application and the plan change request lapse. Section 165ZP inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZP(1) amended 3 March 2015 section 108 Resource Management Amendment Act 2013 165ZQ: Additional consents 1: If the regional council makes a determination under section 91(1) a: the expiry of the 10 section 88(3) b: the day after the application is lodged again under section 165ZP(3) section 88(3A) 2: If the regional council determines that 1 or more further consents will be required, the regional council is not required to take any further action on the plan change request until the applications for the further consents have been lodged and accepted as complete under section 88(3) Section 165ZQ inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 Section 165ZQ(1)(a) amended 3 March 2015 section 109(1) Resource Management Amendment Act 2013 Section 165ZQ(1)(b) amended 3 March 2015 section 109(2) Resource Management Amendment Act 2013 165ZR: Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn 1: If, under clause 25(4) 2: If, under clause 25(2)(b) 3: If a plan change request is withdrawn or deemed to be withdrawn under clause 28 Section 165ZR inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZS: Consideration of plan change request 1: The regional council— a: may not adopt a plan change request under clause 25(2)(a) b: may accept a plan change request under clause 25(2)(b) 2: If the regional council accepts a plan change request, the person making the plan change request may, within 20 working days after being notified of the council's decision under clause 25(5) a: if a concurrent application has been lodged with the plan change request and the plan change request has been modified under clause 24 i: amend the concurrent application; or ii: withdraw the concurrent application and lodge a replacement concurrent application: b: if a concurrent application has not been lodged with the plan change request, lodge a concurrent application. Section 165ZS inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZT: Notification of accepted plan change request 1: For the purposes of publicly notifying an accepted plan change request and its concurrent application under clause 26(b)(i) 2: If a concurrent application has been lodged, the period begins on the day on which the regional council receives written confirmation from the applicant that the applications will not be amended or withdrawn. 3: If a concurrent application has been lodged but has been amended, or withdrawn and a replacement application lodged, the period begins on the day on which the regional council confirms to the applicant that the application as amended or the replacement application is complete and that no other resource consents are required. 4: If a concurrent application has not been lodged but is lodged after the plan change request is accepted by the regional council, the period begins on the day on which the regional council confirms to the applicant that the application is complete and that no other resource consents are required. 5: Notification of a plan change request under subsection (1) must also include notification of the concurrent application. 6: For the purposes of subsection (5), clause 5 Section 165ZT inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZU: Submissions on plan change request and concurrent application 1: The regional council must, in addition to preparing a summary of submissions on the plan change request, prepare a summary of submissions on the concurrent application. 2: Clause 7 3: However, no person may make further submissions under clause 8 Section 165ZU inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZV: Hearing of submissions 1: The regional council must hear, under clause 8B 2: For the purposes of clause 8C Section 165ZV inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZW: Type of activity in relation to concurrent activities 1: After a plan change request has been accepted and publicly notified, the regional council must process the concurrent application that the plan change request relates to on the basis that the activities for which the application is made are non-complying activities. 2: The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the regional council's decision on the plan change request that the concurrent application relates to. Section 165ZW inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZX: Consideration of plan change request and concurrent application 1: A regional council considering a plan change request and its concurrent application made under subpart 4 a: firstly, determine matters in relation to the plan change request; and b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request. 2: A regional council must decline a concurrent application if, as a result of the council's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity. Section 165ZX inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZY: Regional council's decision on concurrent application The regional council must make and publicly notify its decision on the concurrent application not later than the close of the 20th working day after publicly notifying its decision on the plan change request in accordance with clause 10(4) Section 165ZY inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZZ: Appeals 1: An appeal against a decision relating to the plan change request or the concurrent application or both must be lodged within 20 working days after the day on which the regional council publicly notifies its decision on the concurrent application. 2: If appeals are lodged against both the decision on the plan change request and the concurrent application, the appeals must be heard together. Section 165ZZ inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 165ZZA: Grant of coastal permit 1: If the regional council grants a concurrent application and issues a coastal permit, the commencement of the coastal permit under section 116A 2: If the Minister of Conservation declines to approve the plan change, the regional council must cancel the coastal permit. Section 165ZZA inserted 1 October 2011 section 55 Resource Management Amendment Act (No 2) 2011 8: Designations and heritage orders Designations 166: Definitions In this Act— designation section 168 or section 168A clause 4 eligible infrastructure section 8 network utility operator a: undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, b: operates or proposes to operate a network for the purpose of— i: telecommunication as defined in section 5 ii: radiocommunication as defined in section 2(1) c: is an electricity operator or electricity distributor as defined in section 2 d: undertakes or proposes to undertake the distribution of water for supply (including irrigation); or e: undertakes or proposes to undertake a drainage or sewerage system; or f: constructs, operates, or proposes to construct or operate, a road or railway line; or g: is an airport authority as defined by the Airport Authorities Act 1966 h: is a provider of any approach control service within the meaning of the Civil Aviation Act 1990 ha: is a responsible SPV that is constructing or proposing to construct eligible infrastructure; or i: undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act,— and the words network utility operation public work requiring authority a: a Minister of the Crown; or b: a local authority; or c: a network utility operator approved as a requiring authority under section 167 responsible infrastructure authority section 7 responsible SPV section 7 SPV Infrastructure Funding and Financing Act 2020 2: In this Part, work relates to the construction of eligible infrastructure a: involves such construction for which an SPV has financial responsibility; or b: is work— i: that is required to facilitate the future construction of eligible infrastructure; and ii: for which the local authority or the territorial authority giving notice of its requirement for a designation (under section 168 168A Section 166 heading replaced 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) designation amended 7 July 1993 section 83(1) Resource Management Amendment Act 1993 Section 166(1) eligible infrastructure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) network utility operator amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 166(1) network utility operator replaced 20 December 2001 section 158 Telecommunications Act 2001 Section 166(1) network utility operator replaced 7 July 1993 section 83(2) Resource Management Amendment Act 1993 Section 166(1) network utility operator inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) public work inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) responsible infrastructure authority inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) responsible SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(1) SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 166(2) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 167: Application to become requiring authority 1: A network utility operator may apply to the Minister in the prescribed form for approval as a requiring authority. 2: The Minister may make such inquiry into the application and request such information as he or she considers necessary. 3: The Minister may, by notice in the Gazette a: a particular project or work; or b: a particular network utility operation— on such terms and conditions (including provision of a bond) as are specified in the notice. 4: The Minister shall not issue a notice under subsection (3) unless he or she is satisfied that— a: the approval of the applicant as a requiring authority is appropriate for the purposes of carrying on the project, work, or network utility operation; and b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment. 4A: If the applicant is a network utility operator described in paragraph (ha) of the definition of that term in section 166(1) 5: Where the Minister is satisfied that— a: a requiring authority is unlikely to undertake or complete a project, work, or network utility operation for which approval as a requiring authority was given; or b: a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or c: a requiring authority is no longer a network utility operator— the Minister shall, by notice in the Gazette 6: Upon the revocation of an approval under subsection (5), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, shall be deemed to be transferred to the Minister under section 180 Section 167 replaced 7 July 1993 section 84 Resource Management Amendment Act 1993 Section 167(4A) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 168: Notice of requirement to territorial authority 1: A Minister of the Crown who, or a local authority which, has financial responsibility for a public work, may at any time give notice in the prescribed form a: for a public work; or b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work. 2: A requiring authority for the purposes section 167 in the prescribed form a: for a project or work; or b: in respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of such a project or work. 3: In addition, a local authority may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation for a work that relates to the construction of eligible infrastructure for which the local authority is a responsible infrastructure authority. 3: 4: A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority affected. 5: Upon receipt of notification under subsection (4), the territorial authority shall— a: publicly notify the withdrawal; and b: notify all persons upon whom the requirement has been served. Section 168(1) amended 1 August 2003 section 60(1) Resource Management Amendment Act 2003 Section 168(2) amended 1 August 2003 section 60(2) Resource Management Amendment Act 2003 Section 168(2) amended 7 July 1993 section 85(a) Resource Management Amendment Act 1993 Section 168(2)(a) replaced 7 July 1993 section 85(b) Resource Management Amendment Act 1993 Section 168(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 168(3) repealed 1 August 2003 section 60(3) Resource Management Amendment Act 2003 168A: Notice of requirement by territorial authority 1: This section applies if a territorial authority decides to issue a notice of requirement for a designation— a: for a public work within its district and for which it has financial responsibility; or ab: for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; or b: in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work. 1A: The territorial authority must decide whether to notify the notice of requirement under— a: subsection (1AA); or b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF i: a reference to an application or notice were a reference to the notice of requirement; and ii: a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and iii: a reference to an activity were a reference to the designation. 1AA: Despite section 149ZCB(1) a: it has not already decided whether to give public or limited notification of the notice; and b: either— i: further information is requested from the territorial authority under section 92(1) A: does not provide the information before the deadline concerned; or B: refuses to provide the information; or ii: the territorial authority is notified under section 92(2)(b) A: does not respond before the deadline concerned; or B: refuses to agree to the commissioning of the report. 1AB: Subsection (1AA) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement. 1B: Section 168 2: Sections 96 97 99 to 103 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant or a consent authority were a reference to the territorial authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to an activity were a reference to the designation. 2AA: However, section 101(2) a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority: b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B 2A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition. 3: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2 a: any relevant provisions of— i: a national policy statement: ii: a New Zealand coastal policy statement: iii: a regional policy statement or proposed regional policy statement: iv: a plan or proposed plan; and b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if— i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or ii: it is likely that the work will have a significant adverse effect on the environment; and c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and d: any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement. 3A: The effects to be considered under subsection (3) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the requirement, as long as those effects result from measures proposed or agreed to by the requiring authority. 4: The territorial authority may decide to— a: confirm the requirement: b: modify the requirement: c: impose conditions: d: withdraw the requirement. 5: Sections 173 174 175 Section 168A inserted 7 July 1993 section 86 Resource Management Amendment Act 1993 Section 168A(1) replaced 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(1)(ab) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 168A(1A) replaced 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1AA) inserted 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1AB) inserted 18 October 2017 section 157(1) Resource Legislation Amendment Act 2017 Section 168A(1B) inserted 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(2) replaced 18 October 2017 section 157(2) Resource Legislation Amendment Act 2017 Section 168A(2AA) inserted 3 March 2015 section 110 Resource Management Amendment Act 2013 Section 168A(2A) inserted 1 October 2009 section 102 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 168A(3) replaced 1 August 2003 section 61(3) Resource Management Amendment Act 2003 Section 168A(3A) inserted 18 October 2017 section 157(3) Resource Legislation Amendment Act 2017 Section 168A(4) replaced 1 August 2003 section 61(3) Resource Management Amendment Act 2003 Section 168A(5) inserted 1 August 2003 section 61(3) Resource Management Amendment Act 2003 169: Further information, notification, submissions, and hearing for notice of requirement to territorial authority 1: If a territorial authority is given notice of a requirement under section 168 a: subsection (1A); or b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF i: a reference to an application or notice were a reference to the notice of requirement; and ii: a reference to an applicant were a reference to the requiring authority; and iii: a reference to the Minister or the EPA were a reference to the territorial authority; and iv: a reference to an activity were a reference to the designation. 1A: Despite section 149ZCB(1) a: it has not already decided whether to give public or limited notification of the notice; and b: either— i: the territorial authority requests further information from the requiring authority under section 92(1) A: does not provide the information before the deadline concerned; or B: refuses to provide the information; or ii: the territorial authority notifies the requiring authority under section 92(2)(b) A: does not respond before the deadline concerned; or B: refuses to agree to the commissioning of the report. 1B: Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement. 2: Unless the territorial authority applies section 170 sections 92 to 92B 96 to 103 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant were a reference to the requiring authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to a consent authority were a reference to the territorial authority; and e: a reference to an activity were a reference to the designation; and f: a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 171 3: However, section 101(2) a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority: b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B Section 169 replaced 1 October 2009 section 103 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 169(1) replaced 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(1A) inserted 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(1B) inserted 18 October 2017 section 158(1) Resource Legislation Amendment Act 2017 Section 169(2) replaced 18 October 2017 section 158(2) Resource Legislation Amendment Act 2017 Section 169(3) inserted 3 March 2015 section 111(3) Resource Management Amendment Act 2013 170: Discretion to include requirement in proposed plan 1: If a territorial authority is given notice of a requirement under section 168 clause 5 section 169 2: To obtain consent for the purposes of subsection (1) a: notify the requiring authority as to which planning process it intends to use under Schedule 1 b: seek the consent of the requiring authority to use that planning process for considering the requirement. c: Where proposal is to use collaborative planning process 3: 4: 5: 6: Where proposal is to use streamlined planning process 7: Subsection (8) applies if a territorial authority— a: receives a notice of requirement under section 168 b: within 40 working days of receiving that notice of requirement, proposes to apply to the responsible Minister under section 80C 8: If this subsection applies, the territorial authority may, if the requiring authority consents, include in its application to the responsible Minister the requirement as well as the matters that will be the subject of the proposed planning instrument, instead of complying with section 169 Section 170(1) amended 19 April 2017 section 97(1) Resource Legislation Amendment Act 2017 Section 170(2) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017 Section 170(2) amended 1 July 2020 section 57(1) Resource Management Amendment Act 2020 Section 170(2)(b) replaced 1 July 2020 section 57(2) Resource Management Amendment Act 2020 Section 170(2)(c) repealed 1 July 2020 section 57(2) Resource Management Amendment Act 2020 Section 170(3) heading repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(3) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(4) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(5) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(6) repealed 1 July 2020 section 57(3) Resource Management Amendment Act 2020 Section 170(7) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017 Section 170(8) inserted 19 April 2017 section 97(2) Resource Legislation Amendment Act 2017 171: Recommendation by territorial authority 1A: When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition. 1: When considering a requirement and any submissions received, a territorial authority must, subject to Part 2 a: any relevant provisions of— i: a national policy statement: ii: a New Zealand coastal policy statement: iii: a regional policy statement or proposed regional policy statement: iv: a plan or proposed plan; and b: whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if— i: the requiring authority does not have an interest in the land sufficient for undertaking the work; or ii: it is likely that the work will have a significant adverse effect on the environment; and c: whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and d: any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement. 1B: The effects to be considered under subsection (1) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority. 2: The territorial authority may recommend to the requiring authority that it— a: confirm the requirement: b: modify the requirement: c: impose conditions: d: withdraw the requirement. 2A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the territorial authority may not recommend imposing a condition requiring a financial contribution (as defined in section 108(9) 3: The territorial authority must give reasons for its recommendation under subsection (2). Section 171 replaced 1 August 2003 section 63 Resource Management Amendment Act 2003 Section 171(1A) inserted 1 October 2009 section 104 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 171(1B) inserted 18 October 2017 section 159 Resource Legislation Amendment Act 2017 Section 171(2A) inserted 1 July 2020 section 58 Resource Management Amendment Act 2020 172: Decision of requiring authority 1: Within 30 working days of the day on which it receives a territorial authority's recommendation under section 171 2: A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified. 3: Where a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority shall give reasons for its decision. 173: Notification of decision on designation 1: A territorial authority must ensure that, within 15 working days after a decision is made by a requiring authority under section 172 a: persons who made a submission; and b: land owners and occupiers directly affected by the decision. 2: If the territorial authority gives a notice summarising a decision, it must— a: make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district; and b: include with the notice a statement of the places where a copy of the decision is available; and c: send or provide, on request, a copy of the decision within 3 working days after the request is received. Section 173 replaced 1 August 2003 section 64 Resource Management Amendment Act 2003 174: Appeals 1: Any 1 or more of the following persons may appeal to the Environment Court section 172 a: the territorial authority concerned: b: any person who made a submission on the requirement. 2: Notice of an appeal under this section shall— a: state the reasons for the appeal and the relief sought; and b: state any matters required to be stated by regulations; and c: be lodged with the Environment Court section 173 3: The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) (other than the appellant), within 5 working days after the notice is lodged with the court 4: In determining an appeal, the Environment Court must have regard to the matters set out in section 171(1) a: cancel a requirement; or b: confirm a requirement; or c: confirm a requirement, but modify it or impose conditions on it as the court thinks fit. 5: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)(c) requiring a financial contribution (as defined in section 108(9) Section 174(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 174(2)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 174(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 174(4) replaced 1 October 2009 section 105 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 174(5) inserted 1 July 2020 section 59 Resource Management Amendment Act 2020 175: Designation to be provided for in district plan 1: Subsection (2) applies to a territorial authority if— a: a requiring authority makes a decision under section 172 i: no appeal is lodged against the requiring authority's decision within the time permitted by section 174(2)(c) ii: an appeal is lodged against the requiring authority's decision under section 174 iii: an appeal is lodged against the requiring authority's decision and the Environment Court confirms or modifies the requirement; or b: a board of inquiry decides to confirm a requirement with or without modifications under section 149R c: the Environment Court decides to confirm a requirement with or without modifications under section 149U 198E 198K 2: The territorial authority must, as soon as practicable and without using Schedule 1 a: include the designation in its district plan and any proposed district plan as if it were a rule in accordance with the requirement as issued or modified in accordance with this Act; and b: state in its district plan and in any proposed district plan the name of the requiring authority that has the benefit of the designation. Section 175 replaced 1 October 2009 section 106 Resource Management (Simplifying and Streamlining) Amendment Act 2009 176: Effect of designation 1: If a designation is included in a district plan, then— a: section 9(3) b: no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including— i: undertaking any use of the land ii: subdividing the land; and iii: changing the character, intensity, or scale of the use of the land. 2: The provisions of a district or proposed district plan 3: This section is subject to section 177 Section 176(1) replaced 1 August 2003 section 65 Resource Management Amendment Act 2003 Section 176(1)(a) amended 1 October 2009 section 107(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 176(1)(b)(i) amended 1 October 2009 section 107(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 176(2) amended 17 December 1997 section 37(2) Resource Management Amendment Act 1997 Section 176(2) amended 7 July 1993 section 90(2) Resource Management Amendment Act 1993 176A: Outline plan 1: Subject to subsection (2), an outline plan of the public work, project, or work to be constructed on designated land must be submitted by the requiring authority to the territorial authority to allow the territorial authority to request changes before construction is commenced. 2: An outline plan need not be submitted to the territorial authority if— a: the proposed public work, project, or work has been otherwise approved under this Act; or b: the details of the proposed public work, project, or work, as referred to in subsection (3), are incorporated into the designation; or c: the territorial authority waives the requirement for an outline plan. 3: An outline plan must show— a: the height, shape, and bulk of the public work, project, or work; and b: the location on the site of the public work, project, or work; and c: the likely finished contour of the site; and d: the vehicular access, circulation, and the provision for parking; and e: the landscaping proposed; and f: any other matters to avoid, remedy, or mitigate any adverse effects on the environment. 4: Within 20 working days after receiving the outline plan, the territorial authority may request the requiring authority to make changes to the outline plan. 5: If the requiring authority decides not to make the changes requested under subsection (4), the territorial authority may, within 15 working days after being notified of the requiring authority's decision, appeal against the decision to the Environment Court. 6: In determining any such appeal, the Environment Court must consider whether the changes requested by the territorial authority will give effect to the purpose of this Act. 7: This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority. Section 176A inserted 17 December 1997 section 38 Resource Management Amendment Act 1997 177: Land subject to existing designation or heritage order 1: Subject to sections 9(2) 11 to 15 a: the requiring authority responsible for the later designation may do anything that is in accordance with b: the authority responsible for the earlier designation or order may, notwithstanding section 176(1)(b) in accordance with 2: The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied— a: that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or b: that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order. Section 177(1) amended 1 October 2009 section 108 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 177(1) amended 7 July 1993 section 91(a) Resource Management Amendment Act 1993 Section 177(1) amended 7 July 1993 section 91(b) Resource Management Amendment Act 1993 Section 177(1)(a) amended 7 July 1993 section 91(c) Resource Management Amendment Act 1993 Section 177(1)(b) amended 7 July 1993 section 91(c) Resource Management Amendment Act 1993 178: Interim effect of requirements for designations 1: This section applies when— a: a requiring authority gives notice of a requirement for a designation to the EPA under section 145 b: a requiring authority gives notice of a requirement for a designation to a territorial authority under section 168 c: a territorial authority decides to issue a notice of requirement for a designation within its own district under section 168A d: a requiring authority gives notice of a requirement for a modified designation under clause 4 e: a territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would prevent or hinder the public work, project, or work to which the designation relates unless the person has the prior written consent of the requiring authority. 3: The period starts,— a: for the purposes of subsection (1)(a), on the day on which the requiring authority gives notice under section 145 b: for the purposes of subsection (1)(b), on the day on which the requiring authority gives notice of the requirement under section 168 c: for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 168A d: for the purposes of subsection (1)(d), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 4 e: for the purposes of subsection (1)(e), on the day on which the territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 4: The period ends on the earliest of the following days: a: the day on which the requirement is withdrawn: b: the day on which the requirement is cancelled: c: the day on which the designation is included in the district plan. 5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement. 6: This section does not prevent an authority responsible for an earlier designation or heritage order from doing anything that is in accordance with the earlier designation or order. Section 178 replaced 1 October 2009 section 109 Resource Management (Simplifying and Streamlining) Amendment Act 2009 179: Appeals relating to sections 176 to 178 1: Any person who has been refused consent by a requiring authority under section 176(1)(b) 177(2) 178(2) Environment Court 2: Notice of an appeal under this section shall— a: state the reasons for the appeal and the relief sought; and b: state any matters required to be stated by regulations; and c: be lodged with the Environment Court section 176(1)(b) 177(2) 178(2) 3: In considering an appeal under this section, the court a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and b: whether the decision appealed against would render the land which is subject to the designation or requirement incapable of reasonable use; and c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation— and may confirm or reverse the decision appealed against or modify the decision in such manner as the court Section 179(1) amended 1 October 2009 section 110(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 179(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 179(2)(c) amended 1 October 2009 section 110(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 179(2)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 179(3) replaced 7 July 1993 section 93 Resource Management Amendment Act 1993 Section 179(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 180: Transfer of rights and responsibilities for designations 1: Where the financial responsibility for a project or work or network utility operation is transferred from one requiring authority to another, responsibility for any relevant designation shall also be transferred. 2: The requiring authority which transfers responsibility for the designation shall advise the Minister for the Environment and the relevant territorial authority, and, for the purposes of section 175(2)(b) using the process in Schedule 1 Section 180 replaced 7 July 1993 section 94 Resource Management Amendment Act 1993 Section 180(2) amended 1 October 2009 section 111 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 180(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 180A: When financial responsibility is transferred to responsible SPV 1: This section applies if— a: a local authority or territorial authority holds a designation for work that relates to the construction of eligible infrastructure within the meaning of paragraph (b) of the definition of relates to the construction of eligible infrastructure in section 166(2) b: a responsible SPV has taken over, or proposes to take over, the construction; and c: a designation continues to be required for the construction; and d: the responsible SPV is not a requiring authority; and e: the authority is the responsible infrastructure authority in relation to the construction. 2: The designation continues to apply to the construction work. 3: The responsible infrastructure authority may, by written notice, delegate to the responsible SPV those functions, duties, and powers in relation to the designation that relate to the construction of eligible infrastructure. 4: The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions attached to the designation. 5: A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority. Section 180A inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 181: Alteration of designation 1: A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation. 2: Subject to subsection (3), sections 168 to 179 and 198AA to 198AD 3: A territorial authority may at any time alter a designation in its district plan or a requirement in its proposed district plan a: the alteration— i: involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or ii: involves only minor changes or adjustments to the boundaries of the designation or requirement b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and c: both the territorial authority and the requiring authority agree with the alteration— and sections 168 to 179 and 198AA to 198AD alteration 4: This section shall apply, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement Section 181(2) amended 3 March 2015 section 112 Resource Management Amendment Act 2013 Section 181(3) amended 3 March 2015 section 112 Resource Management Amendment Act 2013 Section 181(3) amended 1 August 2003 section 66(1) Resource Management Amendment Act 2003 Section 181(3) amended 1 August 2003 section 66(3) Resource Management Amendment Act 2003 Section 181(3)(a)(ii) amended 1 August 2003 section 66(2) Resource Management Amendment Act 2003 Section 181(4) inserted 7 July 1993 section 95 Resource Management Amendment Act 1993 Section 181(4) amended 1 August 2003 section 66(4) Resource Management Amendment Act 2003 182: Removal of designation 1: If a requiring authority no longer wants a designation or part of a designation, it shall give notice in the prescribed form to— a: the territorial authority concerned; and b: every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and c: every other person who, in the opinion of the requiring authority, is likely to be affected by the designation. 2: As soon as reasonably practicable after receiving a notice under subsection (1), the territorial authority shall, without using the process in Schedule 1 3: The provisions of Schedule 1 4: This section shall apply, with all necessary modifications, to a notice by a territorial authority to withdraw its own designation or part of a designation within its own district. 5: Notwithstanding subsections (2) to (4), where a territorial authority considers the effect of the removal of part of a designation on the remaining designation is more than minor, it may, within 20 working days of receipt of the notice under subsection (1), decline to remove that part of the designation. 6: A requiring authority may object, under section 357 Section 182 replaced 7 July 1993 section 96 Resource Management Amendment Act 1993 Section 182(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 183: Review of designation which has not lapsed Section 183 repealed 7 July 1993 section 97 Resource Management Amendment Act 1993 184: Lapsing of designations which have not been given effect to 1: A designation lapses on the expiry of 5 years after the date on which it is included in the district plan a: it is given effect to before the end of that period; or b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection; or c: the designation specified a different period when incorporated in the plan. 2: Where paragraph (b) or paragraph (c) of subsection (1) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in that paragraph unless— a: it is given effect to before the end of that period; or b: the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection. 3: A requiring authority may object, under section 357 Section 184(1) amended 7 July 1993 section 98 Resource Management Amendment Act 1993 Section 184(3) inserted 10 August 2005 section 90 Resource Management Amendment Act 2005 184A: Lapsing of designations of territorial authority in its own district 1: Section 184 2: A designation of a territorial authority in its own district lapses on the expiry of 5 years after the date on which it is included in the district plan unless— a: it is given effect to before the end of that period; or b: within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation and fixes a longer period for the purposes of this subsection; or c: the designation specified a different period when incorporated in the plan. 3: Where paragraph (b) or paragraph (c) of subsection (2) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in whichever of those paragraphs is applicable, unless— a: it is given effect to before the end of that period; or b: within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation and fixes a longer period for the purpose of this subsection. Section 184A inserted 7 July 1993 section 99 Resource Management Amendment Act 1993 185: Environment Court 1: An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or requirement under this Part may apply at any time to the Environment Court Public Works Act 1981 2: An application under subsection (1) shall be in the prescribed form and a copy of the application shall be served upon the requiring authority and the relevant territorial authority by the applicant. 3: The Environment Court a: the owner has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the designation or requirement at a price not less than the market value that the land would have had if it had not been subject to the designation or requirement; and b: either— i: the designation or requirement prevents reasonable use of the owner's estate or interest in the land; or ii: the applicant was the owner, or the spouse , civil union partner, or de facto partner 4: Before making an order under subsection (1) the court 5: If the Environment Court Public Works Act 1981 section 17 6: Where subsection (5) applies in respect of a requiring authority which is a network utility operator approved under section 167 a: any agreement shall be deemed to have been entered into with the Minister of Lands on behalf of the network utility operator as if the land were required for a government work; and b: all costs and expenses incurred by the Minister of Lands in respect of the acquisition of the land shall be recoverable from the network utility operator as a debt due to the Crown. 7: The amount of compensation payable for an estate or interest in land ordered to be taken under this section shall be assessed as if the designation or requirement had not been created. Section 185 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 185(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 185(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 185(3)(b)(ii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 185(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 185(5) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 186: Compulsory acquisition powers 1: A network utility operator that is a requiring authority may apply to the Minister of Lands to have land required for a project or work acquired or taken under Part 2 2: The effect of any Proclamation taking land for the purposes of subsection (1) shall be to vest the land in the network utility operator instead of the Crown. 3: Land which is subject to a heritage order shall not be taken without the consent of the heritage protection authority. 4: Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) as may be agreed, be set apart for a project or work of a network utility operator in the manner provided in sections 50 52 sections 40 41 5: Any claim for compensation under the Public Works Act 1981 6: All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) shall be recoverable from the network utility operator as a debt due to the Crown. 7: Sections 40 41 7A: This section does not apply if— a: the network utility operator is a responsible SPV; and b: the land is protected Māori land. 8: For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land. Section 186(1) replaced 1 August 2003 section 67 Resource Management Amendment Act 2003 Section 186(7A) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Heritage orders 187: Meaning of heritage order and heritage protection authority In this Act— heritage order section 189 section 189A heritage protection authority a: any Minister of the Crown including— i: the Minister of Conservation acting either on his or her own motion or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and ii: the Minister for Māori Development b: a local authority acting either on its own motion or on the recommendation of an iwi authority: c: Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)(i) d: a body corporate section 188 Section 187 heritage order amended 7 July 1993 section 100(1) Resource Management Amendment Act 1993 Section 187 heritage protection authority amended 1 July 2020 section 60 Resource Management Amendment Act 2020 Section 187 heritage protection authority replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 187 heritage protection authority amended 7 July 1993 section 100(2) Resource Management Amendment Act 1993 188: Application to become 1: Any body corporate having an interest in the protection of any place may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place. 2: For the purpose of this section, and sections 189 191 place 3: The Minister may make such inquiry into the application and request such information as he or she considers necessary. 4: The Minister may, by notice in the Gazette 5: The Minister shall not issue a notice under subsection (4) unless he or she is satisfied that— a: the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and b: the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act. 6: Where the Minister is satisfied that— a: a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or b: a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act,— the Minister shall, by notice in the Gazette 7: Upon— a: the revocation of the approval of a body corporate under subsection (6); or b: the dissolution of any body corporate approved as a heritage protection authority under subsection (4)— all functions, powers, and duties of the body corporate under this Act in relation to any heritage order, or requirement for a heritage order, shall be deemed to be transferred to the Minister under section 192 8: Section 188 heading amended 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(3) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(4) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(5) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(6) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(7) replaced 7 July 1993 section 101 Resource Management Amendment Act 1993 Section 188(8) repealed 7 July 1993 section 101 Resource Management Amendment Act 1993 189: Notice of requirement to territorial authority 1: A heritage protection authority may give notice in the prescribed form a: any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons; and b: such area of land (if any) surrounding that place as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place. 1A: However, a heritage protection authority that is a body corporate approved under section 188 2: For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest. 3: 4: A heritage protection authority may withdraw a requirement under this section by giving notice in writing to the territorial authority affected. 5: Upon receipt of notification under subsection (4), the territorial authority shall— a: publicly notify the withdrawal; and b: notify all persons upon whom the requirement has been served. 6: In this section,— Crown a: the Sovereign in right of New Zealand; and b: departments of State; and c: State enterprises named in Schedule 1 d: Crown entities within the meaning of section 7 e: the mixed ownership model companies named in Schedule 5 f: local authorities within the meaning of the Local Government Act 2002 private land a: means any land held in fee simple by any person other than the Crown; and b: includes— i: Maori land within the meaning of section 4 ii: land held by a person under a lease or licence granted to the person by the Crown. Section 189(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189(1A) inserted 19 April 2017 section 98(1) Resource Legislation Amendment Act 2017 Section 189(3) repealed 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189(6) inserted 19 April 2017 section 98(2) Resource Legislation Amendment Act 2017 189A: Notice of requirement for heritage order by territorial authority 1: This section applies if a territorial authority decides to issue a notice of requirement for a heritage order within its own district for the purposes described in section 189(1) and (2) 2: The territorial authority must decide whether to notify the notice of requirement under— a: subsection (2A); or b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF i: a reference to an application or notice were a reference to the notice of requirement; and ii: a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and iii: a reference to an activity were a reference to the heritage order. 2A: Despite section 149ZCB(1) a: it has not already decided whether to give public or limited notification of the notice; and b: either— i: further information is requested from the territorial authority under section 92(1) A: does not provide the information before the deadline concerned; or B: refuses to provide the information; or ii: the territorial authority is notified under section 92(2)(b) A: does not respond before the deadline concerned; or B: refuses to agree to the commissioning of the report. 2B: Subsection (2A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement. 3: Section 189 4: If the requirement is publicly notified, any person may make a submission about it to the territorial authority. 5: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority. 6: A submission must be in the prescribed form. 7: A submission must be served on the territorial authority within the time allowed by section 97 8: A submission may state whether— a: it supports the requirement; or b: it opposes the requirement; or c: it is neutral. 9: Sections 99 to 103 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant or a consent authority were a reference to the territorial authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to an activity were a reference to the heritage order. 9A: However, section 101(2) a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority: b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B 10: In considering the requirement, the territorial authority must have regard to— a: the matters set out in section 191 b: all submissions. 11: The territorial authority may— a: confirm the requirement, with or without conditions; or b: modify the requirement, with or without conditions; or c: withdraw the requirement. Section 189A replaced 1 October 2009 section 112 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 189A(2) replaced 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(2A) inserted 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(2B) inserted 18 October 2017 section 160(1) Resource Legislation Amendment Act 2017 Section 189A(9) replaced 18 October 2017 section 160(2) Resource Legislation Amendment Act 2017 Section 189A(9A) inserted 3 March 2015 section 113 Resource Management Amendment Act 2013 190: Further information, notification, submissions, and hearing for notice of requirement to territorial authority 1: If a territorial authority is given a notice of requirement under section 189 a: subsection (1A); or b: sections 149ZCB(1) to (4) 149ZCC(1) to (4) 149ZCE 149ZCF i: a reference to an application or notice were a reference to the notice of requirement; and ii: a reference to an applicant were a reference to the heritage protection authority; and iii: a reference to the Minister or the EPA were a reference to the territorial authority; and iv: a reference to an activity were a reference to the heritage order. 1A: Despite section 149ZCB(1) a: it has not already decided whether to give public or limited notification of the notice; and b: either— i: the territorial authority requests further information from the heritage protection authority under section 92(1), but the heritage protection authority— A: does not provide the information before the deadline concerned; or B: refuses to provide the information; or ii: the territorial authority notifies the heritage protection authority under section 92(2)(b) A: does not respond before the deadline concerned; or B: refuses to agree to the commissioning of the report. 1B: Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement. 2: If the requirement is publicly notified, any person may make a submission about it to the territorial authority. 3: If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority. 4: A submission must be in the prescribed form. 5: A submission must be served on the territorial authority within the time allowed by section 97 6: A submission may state whether— a: it supports the requirement; or b: it opposes the requirement; or c: it is neutral. 7: Sections 92 to 92B 98 to 103 a: a reference to a resource consent were a reference to the requirement; and b: a reference to an applicant were a reference to the heritage protection authority; and c: a reference to an application for a resource consent were a reference to the notice of requirement; and d: a reference to a consent authority were a reference to the territorial authority; and e: a reference to an activity were a reference to the heritage order; and f: a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 191 8: However, section 101(2) a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority: b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B Section 190 replaced 1 October 2009 section 113 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 190(1) replaced 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(1A) inserted 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(1B) inserted 18 October 2017 section 161(1) Resource Legislation Amendment Act 2017 Section 190(7) replaced 18 October 2017 section 161(2) Resource Legislation Amendment Act 2017 Section 190(8) inserted 3 March 2015 section 114(3) Resource Management Amendment Act 2013 191: Recommendation by territorial authority 1: Subject to Part 2 section 189 section 189 and reports with which the authority is supplied a: whether the place merits protection; and b: whether the requirement is reasonably necessary for protecting the place to which the requirement relates; and c: whether the inclusion in the requirement of any area of land surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place; and d: all relevant provisions of any national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, or district plan; and e: section 189(1) f: as appropriate, management plans or strategies approved under any other Act which relate to the place. 2: After considering a requirement made under section 189 a: that the requirement be confirmed, with or without modifications; or b: that the requirement be withdrawn. 3: In recommending the confirmation of a requirement under subsection (2)(a), the territorial authority may recommend the imposition of— a: a condition that the heritage protection authority reimburse the owner of the place for any additional costs of upkeep of the place required as a result of the making of the heritage order: b: such other conditions as the territorial authority considers appropriate. 4: The territorial authority shall give reasons for a recommendation made under subsection (2). Section 191(1) amended 1 October 2009 section 114 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 191(1) amended 7 July 1993 section 104(a) Resource Management Amendment Act 1993 Section 191(1)(e) amended 7 July 1993 section 104(b) Resource Management Amendment Act 1993 192: Application of other sections The following sections shall, with all necessary modifications, apply in respect of a requirement under section 189 189A section 171 section 191 a: section 172 aa: section 170 b: section 173 c: section 174 d: section 175 e: section 180 f: Section 192 amended 7 July 1993 section 105(1) Resource Management Amendment Act 1993 Section 192(aa) inserted 7 July 1993 section 105(2) Resource Management Amendment Act 1993 Section 192(f) repealed 1 October 2009 section 115 Resource Management (Simplifying and Streamlining) Amendment Act 2009 193: Effect of heritage order Where a heritage order is included in a district plan then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the relevant heritage protection authority named in the plan in respect of the order, do anything including— a: undertaking any use of land b: subdividing any land; and c: changing the character, intensity, or scale of the use of any land— that would wholly or partly nullify the effect of the heritage order. Section 193(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 193A: Land subject to existing heritage order or designation 1: Subject to sections 9(2) 11 to 15 a: the heritage protection authority responsible for the later heritage order may do anything that is in accordance with that heritage order only if that authority has first obtained the written consent of the authority responsible for the earlier order or designation; and b: the authority responsible for the earlier order or designation may, notwithstanding section 193 2: The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied— a: that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or b: that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order. Section 193A inserted 7 July 1993 section 106 Resource Management Amendment Act 1993 Section 193A(1) amended 1 October 2009 section 116 Resource Management (Simplifying and Streamlining) Amendment Act 2009 194: Interim effect of requirement 1: This section applies when— a: a heritage protection authority gives notice of a requirement for a heritage order to the EPA under section 145 b: a heritage protection authority gives notice of a requirement for a heritage order to a territorial authority under section 189 c: a territorial authority decides to issue a notice of requirement for a heritage order within its own district under section 189A d: a territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 2: In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would wholly or partly nullify the effect of the heritage order unless the person has the prior written consent of the heritage protection authority. 3: The period starts,— a: for the purposes of subsection (1)(a), on the day on which the heritage protection authority gives notice under section 145 b: for the purposes of subsection (1)(b), on the day on which the heritage protection authority gives notice of the requirement under section 189 c: for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 189A d: for the purposes of subsection (1)(d), on the day on which the territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 4: The period ends on the earliest of the following days: a: the day on which the requirement is withdrawn: b: the day on which the requirement is cancelled: c: the day on which the heritage order is included in the district plan. 5: A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement. Section 194 replaced 1 October 2009 section 117 Resource Management (Simplifying and Streamlining) Amendment Act 2009 195: Appeals relating to sections 193 and 194 1: Any person who— a: proposes to do anything in relation to land that is subject to a heritage order or requirement for a purpose which, but for the heritage order or requirement, would be lawful; and b: has been refused consent to undertake that use by a heritage protection authority under section 193 section 194 may appeal to the Environment Court 2: Notice of an appeal under this section shall— a: state the reasons for the appeal and the relief sought; and b: state any matters required to be stated by regulations; and c: be lodged with the Environment Court section 193 section 194 3: In considering an appeal under this section, the court a: whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and b: whether the decision appealed against would render the land which is subject to the heritage order or requirement incapable of reasonable use; and c: the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or heritage order— and may confirm or reverse the decision appealed against or modify the decision in such manner as the court Section 195(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 195(2)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 195(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 195A: Alteration of heritage order 1: A heritage protection authority that is responsible for a heritage order may at any time give notice to the territorial authority of its requirement to alter the heritage order. 2: Sections 189 to 195 and 198AA to 198AD 3: However, a territorial authority may at any time alter a heritage order in its district plan or a requirement in its proposed district plan if— a: the alteration— i: involves no more than a minor change to the effects on the environment associated with the heritage order concerned; or ii: involves only minor changes or adjustments to the boundaries of the heritage order or requirement; and b: written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and c: the territorial authority and the heritage protection authority agree with the alteration. 4: Sections 189 to 195 and 198AA to 198AD 5: This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own heritage order or requirement within its own district. Section 195A inserted 1 October 2009 section 118 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 195A(2) amended 3 March 2015 section 115 Resource Management Amendment Act 2013 Section 195A(4) amended 3 March 2015 section 115 Resource Management Amendment Act 2013 195B: Transfer of heritage order 1: The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority. 2: However, the Minister must not exercise the power under subsection (1) if— a: the heritage order relates to private land; and b: the transfer of the order is to a body corporate approved under section 188 3: In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account— a: the heritage values of the place or area subject to the heritage order; and b: the reasonable use of the place or area despite it being subject to a heritage order; and c: any other matters that the Minister considers relevant, such as— i: the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area: ii: the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area. 4: Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on— a: the heritage protection authority currently responsible for the heritage order; and b: the heritage protection authority to whom the Minister proposes to transfer that responsibility; and c: the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and d: the territorial authority in whose district the place or area subject to the order is located. 5: The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal. 6: The Minister must take into account all objections and submissions received within the specified time before making a final determination. 7: In subsection (2), private land section 189(6) Section 195B inserted 19 April 2017 section 99 Resource Legislation Amendment Act 2017 195C: Notice of determination 1: The Minister must publish a notice in the Gazette section 195B 2: The territorial authority in whose district the place or area subject to an order under section 195B Schedule 1 Section 195C inserted 19 April 2017 section 99 Resource Legislation Amendment Act 2017 196: Removal of heritage order Section 182 a: a heritage protection authority was a requiring authority; and b: a heritage order was a designation, except that the removal of a heritage order from a district plan shall not take effect until 10 working days after notice of removal is received by the territorial authority or after the territorial authority gives notice of the removal of its heritage order in its own district Section 196(b) amended 7 July 1993 section 108 Resource Management Amendment Act 1993 197: Compulsory acquisition powers 1: The acquisition of land by a heritage protection authority for the purposes of giving effect to a heritage order shall be deemed to be an acquisition of land, or an interest in land, for a public work for the purposes of the Public Works Act 1981 2: Where a heritage protection authority is neither the Crown nor a local authority, section 186 198: Environment Court 1: Upon application made to the Environment Court section 189 or section 189A court a: the applicant was the owner or spouse , civil union partner, or de facto partner b: the applicant has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the heritage order or requirement at a price not less than the market value the land would have had if it were not subject to the heritage order or requirement; and c: the heritage order or requirement renders or will render the land in respect of which it applies, incapable of reasonable use,— the Environment Court Public Works Act 1981 2: Before making an order under subsection (1), the court 3: If the court Public Works Act 1981 section 17 4: Where subsection (3) applies in respect of a heritage protection authority that is neither the Crown nor a local authority— a: any agreement shall be deemed to have been entered into with the Minister for Land Information b: all costs and expenses incurred by the Minister for Land Information 5: The amount of compensation payable for an estate or interest in land ordered to be taken under this section shall be assessed as if the heritage order or requirement had not been made. Section 198 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 198(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 198(1) amended 7 July 1993 section 109 Resource Management Amendment Act 1993 Section 198(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 198(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 198(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 198(4)(a) amended 1 July 1996 Survey Amendment Act 1996 Section 198(4)(b) amended 1 July 1996 Survey Amendment Act 1996 Time limits from which time periods are excluded in relation to designations and heritage orders Heading inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 198AA: Time limits from which time periods are excluded in relation to designations and heritage orders 1: This section provides for the deferral of certain time limits relating to designations and heritage orders. 2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded. 3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 section 169(1) 190(1) Section 198AB(2), (4), or (6) Section 198AD(2) Section 198D(3) Section 198AB(2), (4), or (6) Section 198AD(4) Section 198J(2) Section 198AD(4) Section 168A(2AA)(a) 189A(9A)(a) Section 198AD(2) Section 168A(2AA)(b) or (c) 189A(9A)(b) or (c) Section 198AC(8) Section 198AD(4) Section 169(3)(a) 190(8)(a) Section 198AB(2), (4), or (6) Section 198AD(2) Section 169(3)(b) or (c) 190(8)(b) or (c) Section 198AB(2), (4), or (6) Section 198AC(2), (4), or (6) Section 198AD(4) Section 198AA inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 198AB: Excluded time periods relating to provision of further information Request for further information 1: Subsection (2) applies when— a: a territorial authority has requested a requiring authority or heritage protection authority, under section 92(1) b: the request is the first request made by the territorial authority to the requiring authority or heritage protection authority under that provision— i: at all; or ii: after the closing date for submissions. 2: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date of the request under section 92(1) b: ending as follows: i: if the requiring authority or heritage protection authority provides the information within 15 working days, the date on which it provides the information: ii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information: iii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a) iv: if the requiring authority or heritage protection authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends: v: if the requiring authority or heritage protection authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information. Commissioning of report—other authority agrees 3: Subsection (4) applies when— a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b) b: the requiring authority or heritage protection authority agrees, under section 92B(1) 4: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date of the notification under section 92(2)(b) b: ending with the date on which the territorial authority receives the report. Commissioning of report—other authority disagrees 5: Subsection (6) applies when— a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b) b: the requiring authority or heritage protection authority does not agree, under section 92B(1) 6: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date of the notification under section 92(2)(b) b: ending with the earlier of the following: i: the date on which the period of 15 working days ends; and ii: the date on which the territorial authority receives the requiring authority's or heritage protection authority's refusal, under section 92B(1) Section 198AB inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 198AC: Excluded time periods relating to direct referral Request for direct referral declined and no objection 1: Subsection (2) applies when— a: a requiring authority or heritage protection authority makes a request under section 198B(1) b: the territorial authority declines the request under section 198C(4) to (5A) c: the requiring authority or heritage protection authority does not object under section 357(8) 2: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date on which the territorial authority receives the request; and b: ending with the date on which the 15 working days referred to in section 357C(1) Request for direct referral declined and objection dismissed 3: Subsection (4) applies when— a: a requiring authority or heritage protection authority makes a request under section 198B(1) b: the territorial authority declines the request under section 198C(4) to (5A) c: the territorial authority dismisses the requiring authority's or heritage protection authority's objection under section 357D 4: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date on which the territorial authority receives the request; and b: ending with the date on which the territorial authority notifies the requiring authority or heritage protection authority of its decision to dismiss the objection. Request for direct referral granted or objection upheld 5: Subsection (6) applies when— a: a requiring authority or heritage protection authority makes a request under section 198B(1) b: either— i: the territorial authority grants the request under section 198C(4) to (5A) ii: the territorial authority declines the request under section 198C(4) to (5A) section 357D 6: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date on which the territorial authority receives the request; and b: ending with the earlier of the following: i: the date on which the 15 working days referred to in section 198E(2)(a) ii: the date on which the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2) Decision to make direct referral to Environment Court 7: Subsection (8) applies when a territorial authority makes a decision under section 198H(1) 8: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date on which the territorial authority makes the decision; and b: ending with the earlier of the following: i: the date on which the 15 working days referred to in section 198K(1)(a) ii: the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 198K(1) Section 198AC inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 198AD: Excluded time periods relating to other matters Approval sought from affected persons or groups 1: Subsection (2) applies when a requiring authority or heritage protection authority tries, for the purposes of section 149ZCF(3) 95F 95G 2: The period that must be excluded from every applicable time limit under section 198AA Referral to mediation 3: Subsection (4) applies when a territorial authority refers persons to mediation under section 99A 4: The period that must be excluded from every applicable time limit under section 198AA a: starting with the date of the reference; and b: ending with the earlier of the following: i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and ii: the date on which the mediator reports the outcome of the mediation to the territorial authority. Section 198AD inserted 3 March 2015 section 116 Resource Management Amendment Act 2013 Section 198AD(1) amended 18 October 2017 section 162 Resource Legislation Amendment Act 2017 Streamlining decision-making on designations and heritage orders Heading inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198A: Sections 198B to 198G apply to requirements under section 168 or 189 1: Sections 198B to 198G a: a requirement for a designation under section 168 b: a requirement for a heritage order under section 189 c: a requirement under section 181 section 168 d: a requirement under section 195A section 189 2: If the notice of requirement is called in under section 142(2) sections 198B to 198G Section 198A inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198B: Requiring authority or heritage protection authority's request 1: The requiring authority or heritage protection authority must request the relevant territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority. 2: The requiring authority or heritage protection authority must make the request in the period— a: starting on the date on which the requiring authority or heritage protection authority gives notice under section 168 189 b: ending 5 working days after the date on which the period for submissions on the requirement closes. 3: The requiring authority or heritage protection authority must make the request electronically or in writing on the prescribed form. Section 198B inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198C: Territorial authority’s decision on request 1: If the territorial authority receives the request after it has determined that the requirement will not be notified, it must return the request. 2: If the territorial authority receives the request before it has determined whether the requirement will be notified, it must defer its decision on the request until after it has decided whether to notify the requirement and then apply either subsection (3) or (4). 3: If the territorial authority decides not to notify the requirement, it must return the request. 4: If the territorial authority decides to notify the requirement, it must give the requiring authority or heritage protection authority its decision on the request within 15 working days after the date of the decision on notification. 5: In any other case, the territorial authority must give the requiring authority or heritage protection authority its decision on the request within 15 working days after receiving the request. 5A: Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)(hm) a: the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but b: that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist. 6: No submitter has a right to be heard by the territorial authority on a request. 7: If the territorial authority returns or declines the request, it must give the requiring authority or heritage protection authority its reasons, in writing or electronically, at the same time as it gives the authority its decision. 8: If the territorial authority declines the request under subsections (4) to (5A) section 357 Section 198C inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198C(5A) inserted 4 September 2013 section 39(1) Resource Management Amendment Act 2013 Section 198C(8) amended 4 September 2013 section 39(2) Resource Management Amendment Act 2013 198D: Territorial authority's subsequent processing 1: If the territorial authority does not grant the request under section 198B 2: If the territorial authority decides to grant the request under section 198B (7) 3: The territorial authority must prepare a report on the requirement within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes: b: the period that ends 20 working days after the date on which the territorial authority decides to grant the request. 4: In the report, the territorial authority must a: address issues that are set out in section 171 191 b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications) ; and c: provide a summary of submissions received. 5: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to— a: the requiring authority or heritage protection authority; and b: every person who made a submission on the requirement. 6: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report. 7: In providing that assistance, the territorial authority— a: is a party to the proceedings; and b: must be available to attend hearings to— i: discuss or clarify any matter in its report: ii: give evidence about its report: iii: discuss submissions received and address issues raised by the submissions: iv: provide any other relevant information requested by the court. Section 198D inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198D(2) amended 4 September 2013 section 40(1) Resource Management Amendment Act 2013 Section 198D(4) amended 4 September 2013 section 40(2) Resource Management Amendment Act 2013 Section 198D(4)(b) amended 4 September 2013 section 40(3) Resource Management Amendment Act 2013 Section 198D(4)(c) inserted 4 September 2013 section 40(4) Resource Management Amendment Act 2013 Section 198D(6) inserted 4 September 2013 section 40(5) Resource Management Amendment Act 2013 Section 198D(7) inserted 4 September 2013 section 40(5) Resource Management Amendment Act 2013 198E: Environment Court decides 1: Subsection (2) applies to a requiring authority or heritage protection authority who— a: receives a report under section 198D(5) b: continues to want the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority. 2: The requirement is referred to the Environment Court by the requiring authority or heritage protection authority,— a: within 15 working days b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on— i: the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B ii: every person who made a submission to the territorial authority on the requirement; and c: telling the Registrar of the Environment Court by written notice when the copies have been served. 3: A territorial authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with— a: the requirement to which the notice of motion relates; and b: the authority's report on the requirement; and c: all the submissions on the requirement that the authority received; and d: all the information and reports on the requirement that the authority was supplied with. 4: Section 274 , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section 5: Parts 11 11A 6: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court— a: must have regard to the matters set out in section 171(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 6A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (6)(b)(iii) requiring a financial contribution (as defined in section 108(9) 7: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). Section 198E inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198E(2) replaced 4 September 2013 section 41(1) Resource Management Amendment Act 2013 Section 198E(2)(a) amended 3 March 2015 section 117 Resource Management Amendment Act 2013 Section 198E(4) amended 4 September 2013 section 41(2) Resource Management Amendment Act 2013 Section 198E(5) amended 4 September 2013 section 41(3) Resource Management Amendment Act 2013 Section 198E(6A) inserted 1 July 2020 section 61 Resource Management Amendment Act 2020 198F: Residual powers of territorial authority The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198E Section 198F inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198G: When territorial authority must deal with requirement (1): This section applies when— a: a requiring authority or heritage protection authority receives a report under section 198D(5) b: either— i: the requiring authority or heritage protection authority advises the territorial authority that it section 198E(2) ii: the requiring authority or heritage protection authority does not lodge a notice of motion with the Environment Court under section 198E(2) c: 2: The territorial authority must deal with the requirement. Section 198G inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198G(1)(b)(i) amended 3 March 2015 section 118(1) Resource Management Amendment Act 2013 Section 198G(1)(b)(ii) amended 3 March 2015 section 118(2) Resource Management Amendment Act 2013 Section 198G(1)(c) repealed 3 March 2015 section 118(3) Resource Management Amendment Act 2013 198H: Sections 198I to 198M apply to requirements under section 168A or 189A 1: Sections 198I to 198M a: a requirement for a designation under section 168A b: a requirement for a heritage order under section 189A c: a requirement under section 181 section 168A d: a requirement under section 195A section 189A 2: If the notice of requirement is called in under section 142(2) sections 198I to 198M Section 198H inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198I: Territorial authority's decision 1: The territorial authority must make its decision in the period— a: starting on the date on which the territorial authority decides to notify the requirement under section 168A(1A) 189A(2) b: ending 5 working days after the date on which the period for submissions on the requirement closes. 2: No submitter has a right to be heard by the territorial authority on a decision under section 198H Section 198I inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198J: Territorial authority's subsequent processing 1: The territorial authority must continue to process the requirement and must comply with subsections (2) to (6) 2: The territorial authority must prepare a report on the requirement within the longer of the following periods: a: the period that ends 20 working days after the date on which the period for submissions on the requirement closes: b: the period that ends 20 working days after the date on which the territorial authority makes its decision under section 198H(1) 3: In the report, the territorial authority must a: address issues that are set out in section 168A(3) 189A(10) b: suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications) ; and c: provide a summary of submissions received. 4: As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement. 5: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report. 6: In providing that assistance, the territorial authority— a: is a party to the proceedings; and b: must be available to attend hearings to— i: discuss or clarify any matter in its report: ii: give evidence about its report: iii: discuss submissions received and address issues raised by the submissions: iv: provide any other relevant information requested by the court. Section 198J inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198J(1) amended 4 September 2013 section 42(1) Resource Management Amendment Act 2013 Section 198J(3) amended 4 September 2013 section 42(2) Resource Management Amendment Act 2013 Section 198J(3)(b) amended 4 September 2013 section 42(3) Resource Management Amendment Act 2013 Section 198J(3)(c) inserted 4 September 2013 section 42(4) Resource Management Amendment Act 2013 Section 198J(5) inserted 4 September 2013 section 42(5) Resource Management Amendment Act 2013 Section 198J(6) inserted 4 September 2013 section 42(5) Resource Management Amendment Act 2013 198K: Environment Court decides 1: If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority,— a: within 15 working days b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and c: telling the Registrar of the Environment Court by written notice when the copies have been served. 2: The territorial authority must, without delay, provide the Environment Court with— a: the requirement to which the notice of motion relates; and b: the territorial authority's report on the requirement; and c: all the submissions on the requirement that the territorial authority received; and d: all the information and reports on the requirement that the territorial authority was supplied with. 3: Section 274 , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section 4: Parts 11 11A 5: If considering a matter that is a notice of requirement for a designation or to alter a designation, the court— a: must have regard to the matters set out in section 171(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and c: may waive the requirement for an outline plan to be submitted under section 176A 5A: However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(b)(iii) requiring a financial contribution (as defined in section 108(9) 6: If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court— a: must have regard to the matters set out in section 191(1) b: may— i: cancel the requirement; or ii: confirm the requirement; or iii: confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order). Section 198K inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198K(1) replaced 4 September 2013 section 43(1) Resource Management Amendment Act 2013 Section 198K(1)(a) amended 3 March 2015 section 119 Resource Management Amendment Act 2013 Section 198K(3) amended 4 September 2013 section 43(2) Resource Management Amendment Act 2013 Section 198K(4) amended 4 September 2013 section 43(3) Resource Management Amendment Act 2013 Section 198K(5A) inserted 1 July 2020 section 62 Resource Management Amendment Act 2020 198L: Residual powers of territorial authority The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198K Section 198L inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 198M: When territorial authority must deal with requirement 1: This section applies when— a: a territorial authority prepares a report under section 198J b: the territorial authority does not lodge a notice of motion with the Environment Court under section 198K(1) c: 2: The territorial authority must deal with the requirement. Section 198M inserted 1 October 2009 section 119 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 198M(1)(b) amended 3 March 2015 section 120(1) Resource Management Amendment Act 2013 Section 198M(1)(c) repealed 3 March 2015 section 120(2) Resource Management Amendment Act 2013 9: Water conservation orders 199: Purpose of water conservation orders 1: Notwithstanding anything to the contrary in Part 2 a: outstanding amenity or intrinsic values which are afforded by waters in their natural state: b: where waters are no longer in their natural state, the amenity or intrinsic values of those waters which in themselves warrant protection because they are considered outstanding. 2: A water conservation order may provide for any of the following: a: the preservation as far as possible in its natural state of any water body that is considered to be outstanding: b: the protection of characteristics which any water body has or contributes to, and which are considered to be outstanding,— i: as a habitat for terrestrial or aquatic organisms: ii: as a fishery: iii: for its wild, scenic, or other natural characteristics: iv: for scientific and ecological values: v: for recreational, historical, spiritual, or cultural purposes: c: the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance in accordance with tikanga Maori. 200: Meaning of water conservation order In this Act, the term water conservation order section 214 section 199 section 30(1) a: the quantity, quality, rate of flow, or level of the water body; and b: the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body; and c: the maximum allocation for abstraction or maximum contaminant loading consistent with the purposes of the order; and d: the ranges of temperature and pressure in a water body. 201: Application for water conservation order 1: Any person may, upon payment of any prescribed fee, apply to the Minister for the making of a water conservation order in respect of any water body. 2: An application under subsection (1) shall— a: identify the water body concerned; and b: state the reasons for the application with reference, where practicable, to the matters set out in sections 199 200 207 c: describe the provisions which, in the applicant's opinion, should be included in a water conservation order and the effect that such provisions would have on the water body. 3: The Minister may by notice in writing require the applicant to supply such further information in respect of the application as the Minister considers necessary. 202: Minister's obligations upon receipt of application 1: After receipt of an application (and any further information required by the Minister) under section 201 a: appoint a special tribunal to hear and report on the application; or b: reject the application— and notify the applicant of his or her decision, and where the application is rejected, of his or her reasons for the rejection. 2: Before appointing a special tribunal under subsection (1)(a), the Minister shall, where appropriate, consult with the Minister for Māori Development Section 202(2) amended 1 July 2020 section 63 Resource Management Amendment Act 2020 203: Special tribunal 1: A special tribunal appointed under section 202 a: comprise no fewer than 3, and no more than 5, members; and b: have a chairperson appointed either by the Minister or, if the Minister declines to do so, by the members. 2: Every special tribunal shall be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 a: remuneration by way of fees, salary, or allowances in accordance with that Act; and b: travelling allowances and travelling expenses in accordance with that Act in respect of time spent travelling in the service of the tribunal— and the provisions of that Act apply accordingly. 3: A member of a special tribunal is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the tribunal. Section 203(3) inserted 1 October 2009 section 120 Resource Management (Simplifying and Streamlining) Amendment Act 2009 204: Public notification of application 1: As soon as practicable after its appointment, a special tribunal shall ensure that— a: public notice of the application is given; and ab: a copy of the short summary of the notice referred to in section 2AB(1)(b) b: such other public notification of the application as the tribunal considers appropriate is given; and c: notice of the application is served on— i: the applicant; and ii: the relevant regional council; and iii: the relevant territorial authorities; and iv: the relevant iwi authorities; and v: such persons as the tribunal considers appropriate. 2: Every notice for the purposes of this section shall be in the prescribed form and shall state— a: a description of the application, and where the application and any relevant information held by the special tribunal may be viewed; and b: that submissions on the application may be made in writing by any person; and c: the effect of section 205(3) d: that the matters to be considered by the tribunal may be wider than the matters raised in the application; and e: the closing date for the receipt by the tribunal of such submissions; and f: the address for service of the tribunal and each applicant. 3: Section 92 a: every reference therein to a consent authority were a reference to the special tribunal; and b: every reference therein to a consent were a reference to the order. Section 204(1)(a) replaced 18 October 2017 section 163 Resource Legislation Amendment Act 2017 Section 204(1)(ab) inserted 18 October 2017 section 163 Resource Legislation Amendment Act 2017 205: Submissions to special tribunal 1: Any person may make submissions to the special tribunal about an application which is notified in accordance with section 204 2: Sections 37 96(5) and (6) 98 a: every reference therein to a consent authority were a reference to the tribunal; and b: every reference therein to a consent were a reference to an order ; and c: the reference in section 96(6)(a) to section 97 3: Any person who supports the making of a water conservation order but who would prefer— a: that the order instead preserve a different but related water body in the same catchment; or b: that different features and qualities of the water body be preserved,— shall endeavour, in his or her submission,— c: to make that preference known to the tribunal; and d: to specify the reasons for the preference, referring, where practicable, to the matters set out in sections 199 200 207 e: to describe the provisions which, in the person's opinion, should be included in the water conservation order and the effect that those provisions would have on the water body. 4: Any submission that does not contain all the matters referred to in subsection (3) may nevertheless be considered by the tribunal. 5: Any person who makes a submission opposing the making of an order shall specify the reasons why he or she considers the proposed order is not justified in terms of section 199 section 207 6: The special tribunal may, by notice in writing, require any person making a submission to supply such further information in respect of the submission as the special tribunal considers necessary. 7: The closing date for serving submissions on a special tribunal is the 20th working day after notification of the application under section 204 section 37 Section 205(2) amended 1 October 2009 section 121(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 205(2)(b) amended 1 October 2009 section 121(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 205(2)(c) inserted 1 October 2009 section 121(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 206: Conduct of hearing 1: The Minister shall, without delay, provide a special tribunal with the application in respect of which it has been appointed and any other relevant information received or held by the Minister. 2: 3: Sections 39 40 to 42 99 to 100 101 a: every reference in those sections to a consent authority were a reference to the special tribunal; and b: every reference in those sections to a resource consent were a reference to a water conservation order. 3A: However, section 101(2) a: if the special tribunal gives a direction under section 41B b: if the special tribunal does not give a direction under section 41B 4: In addition, any hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates. Section 206(2) repealed 1 October 2009 section 122(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 206(3) amended 3 March 2015 section 121(1) Resource Management Amendment Act 2013 Section 206(3A) inserted 3 March 2015 section 121(2) Resource Management Amendment Act 2013 Section 206(4) replaced 3 March 2015 section 121(3) Resource Management Amendment Act 2013 207: Matters to be considered In considering an application for a water conservation order, a special tribunal shall have particular regard to the purpose of a water conservation order and the other section 199 a: the application and all submissions; and b: the needs of primary and secondary industry, and of the community; and c: the relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan Section 207 amended 7 July 1993 section 110(1) Resource Management Amendment Act 1993 Section 207(c) amended 7 July 1993 section 110(2) Resource Management Amendment Act 1993 208: Special tribunal to report on application 1: As soon as reasonably practicable, a special tribunal shall prepare a report on the application for a water conservation order and give notice in accordance with subsection (2). 2: A notice for the purposes of subsection (1) shall— a: either include a draft water conservation order, or state that the tribunal recommends that the application be declined; and b: state the reasons for the tribunal's conclusion; and c: be sent to the applicant, the Minister, the regional council, the relevant territorial authorities, the relevant iwi authorities, and every person who made a submission on the application. 209: Right to make submissions to Environment Court 1: Any of the following persons may make a submission to the Environment Court section 208 a: the applicant for the proposed water conservation order to which the report relates: b: any person who made a submission to the special tribunal under section 205 c: any other person to whom the Environment Court 2: A submission shall be lodged with the Environment Court section 208(2) 3: A person who makes a submission shall, within 5 working days of the submission being lodged with the Environment Court Environment Court Section 209 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 209(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 209(1)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 209(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 209(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 210: Environment Court If 1 or more submissions are lodged with the Environment Court section 209 court Section 210 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 210 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 211: Who may be heard at inquiry The following persons have the right to be heard in person or be represented by another person at an inquiry conducted by the Environment Court section 210 a: the applicant for the proposed water conservation order to which the inquiry relates: b: the Minister: c: the regional council or territorial authority whose region or district may be affected by the proposed water conservation order: d: every person who made a submission to the special tribunal under section 205 e: any person who is granted leave to make a submission to the Environment Court section 209(1)(c) Section 211 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 211(e) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 212: Matters to be considered by Environment Court In conducting its inquiry, the Environment Court section 199 a: the needs of primary and secondary industry, and of the community; and b: the relevant provisions of every national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, and any proposed plan; and c: the report of the special tribunal and any draft water conservation order; and d: the application and all submissions lodged with the Environment Court e: such other matters as the Environment Court Section 212 replaced 7 July 1993 section 111 Resource Management Amendment Act 1993 Section 212 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 212 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 212(d) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 212(e) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 213: Court's report 1: On completion of its inquiry, the Environment Court a: include a draft water conservation order; or b: recommend that the application for a water conservation order be declined. 2: The Environment Court Environment Court Section 213 replaced 7 July 1993 section 112 Resource Management Amendment Act 1993 Section 213 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 213(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 213(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 214: Making of water conservation order 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order in respect of any water body. 2: The Minister shall not make a recommendation for the purposes of subsection (1) except in accordance with— a: the report of the special tribunal under section 208 Environment Court b: where the Environment Court Environment Court section 213 3: A water conservation order 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 214(2)(a) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 214(2)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 214(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 215: Minister's obligation to state reasons for not accepting recommendation If a special tribunal reports under section 208 Environment Court section 213 a: within 20 sitting days after making his or her decision, lay before the House of Representatives a written statement setting out the reasons for his or her decision; and b: within 20 working days after making his or her decision, serve on the applicant and every person who made a submission to the special tribunal or the Environment Court Section 215 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 215(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 216: Revocation or variation of order 1: Until the expiration of 2 years after the date a water conservation order is made under section 214 a: no application shall be made to the Minister to revoke any such order; and b: the Minister shall reject any application made under subsection (2) to amend any such order unless, after having regard to the purposes of the order and the restrictions and prohibitions imposed by the order, the Minister is satisfied that the amendment to which the application relates— i: will have no more than a minor effect; or ii: is of a technical nature and would enable the order to better achieve any purpose for which it was made; and c: no recommendation shall be made to the Governor-General— i: to revoke any such order; or ii: to amend any such order unless the Minister is satisfied that the amendment is of a minor nature or of a technical nature which would enable the order to better achieve any purpose for which it was made. 2: Except as provided in subsection (1), any person may at any time apply to the Minister for the revocation or amendment of any water conservation order, and every such application shall state the reasons for the application. 3: Upon receipt of an application made under subsection (2), if— a: the Minister is of the opinion that the application should not be rejected but that, by reason of the minor effect of the amendment, it is unnecessary to hold an inquiry; and b: the original applicant for the order (if that person can be located) and the regional council agree to the amendment— the Minister may recommend that the order be amended, and the Governor-General may, by Order in Council made on the recommendation of the Minister, amend the order accordingly. 4: Except as provided in subsection (3), an application made under subsection (2) for the revocation or amendment of a water conservation order shall be dealt with in the same manner as an application for such an order, and sections 201 to 215 5: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 216(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 217: Effect of water conservation order 1: No water conservation order shall affect or restrict any resource consent granted or any lawful use established in respect of the water body before the order is made. 2: Where a water conservation order is operative, the relevant consent authority— a: shall not grant a water permit , coastal permit, b: shall not grant a water permit, a coastal permit, the grant of any such permit or c: shall, in granting any water permit , coastal permit, Section 217(2)(a) amended 7 July 1993 section 113(1) Resource Management Amendment Act 1993 Section 217(2)(b) amended 7 July 1993 section 113(2)(a) Resource Management Amendment Act 1993 Section 217(2)(b) amended 7 July 1993 section 113(2)(b) Resource Management Amendment Act 1993 Section 217(2)(c) amended 7 July 1993 section 113(3) Resource Management Amendment Act 1993 9A: Freshwater farm plans Part 9A inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217A: Purpose The purpose of this Part is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of certified freshwater farm plans. Section 217A inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217B: Interpretation In this Part, unless the context otherwise requires,— arable land use a: grain cereal, legumes, or pulse grain: b: herbage seed: c: oilseed: d: maize grain, maize silage, cereal silage, or mangels: e: crops grown for seed multiplication: f: a crop prescribed in regulations made under section 217M(1)(a) auditor a: is appointed under section 217K b: meets the criteria prescribed in regulations made under section 217M(1)(h) certified freshwater farm plan section 217G section 217E(2) or (3) certifier a: is appointed under section 217K b: meets the criteria prescribed in regulations made under section 217M(1)(h) farm a: arable land use; or b: horticultural land use; or c: pastoral land use; or d: other agricultural land use prescribed in regulations made under section 217M(1)(b) e: any combination of the above farm operator horticultural land use pastoral land use regulations section 217M relevant regional council section 2 specified instrument Part 14 Section 217B inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217C: Application of this Part 1: This Part applies only— a: to a region, district, or part of New Zealand specified in an Order in Council under this section; and b: on and from the date specified in the Order in Council. 2: The Governor-General may, by Order in Council, on the recommendation of the Minister, determine— a: that this Part applies to a specified district, region, or part of New Zealand; and b: the date on which this Part applies to that district, region, or part of New Zealand. 3: Before making a recommendation under subsection (2), the Minister must— a: be satisfied that regulations are necessary to achieve the purpose of this Part in the specified district, region, or part of New Zealand; and b: consult the Minister of Agriculture. 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 217C inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 217D: Farm must have certified freshwater farm plan if it meets land use threshold 1: A farm must have a certified freshwater farm plan if— a: 20 or more hectares of the farm is arable land use; or b: 5 or more hectares of the farm is horticultural land use; or c: 20 or more hectares of the farm is pastoral land use; or d: a prescribed area of the farm is other agricultural land use prescribed in regulations made under section 217M(1)(b) e: 20 or more hectares of the farm is a combination of any 2 or more of the land uses described above. 2: A certified freshwater farm plan applies to the entire farm. Section 217D inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217E: Main duties of farm operators 1: A farm operator of a farm that is required to have a certified freshwater farm plan must— a: prepare a freshwater farm plan in accordance with this Part and regulations; and b: submit the plan to a certifier for certification; and c: ensure that the farm operates in compliance with the certified freshwater farm plan; and d: arrange for the farm to be audited in accordance with this Part and regulations for compliance with the certified freshwater farm plan. 2: A farm operator must keep the certified freshwater farm plan fit for purpose by— a: amending the plan as necessary to reflect any changes in the farm; and b: amending the plan as necessary to comply with this Part and regulations. 3: A farm operator must amend and recertify a certified freshwater farm plan if any circumstances prescribed by regulations apply. Section 217E inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217F: Contents of freshwater farm plan A freshwater farm plan must— a: identify any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and b: specify requirements that— i: are appropriate for the purpose of avoiding, remedying, or mitigating the adverse effects of those activities on freshwater and freshwater ecosystems; and ii: are clear and measurable; and c: demonstrate how any outcomes prescribed in regulations are to be achieved; and d: comply with any other requirements in regulations; and e: comply with section 217L Section 217F inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217G: Certification of freshwater farm plan 1: The farm operator must, within the prescribed time frame, submit a freshwater farm plan to a certifier. 2: The certifier must certify a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in section 217F 3: The certifier must, as soon as practicable, notify the relevant regional council— a: that the freshwater farm plan has been certified; and b: the date on which it was certified. 4: This section applies, with any necessary modifications, to a certified freshwater farm plan that is required by regulations to be amended and recertified. Section 217G inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217H: Audit of farm for compliance with certified freshwater farm plan 1: A farm operator must— a: arrange, within the prescribed time frame, for an auditor to audit the farm for compliance with the certified freshwater farm plan; and b: arrange for further audits to be carried out at the frequency required by regulations. 2: The audit must be completed in the manner prescribed in regulations. 3: The farm operator must provide the auditor with— a: an up-to-date copy of the certified freshwater farm plan and any relevant information; and b: any further information that the auditor reasonably requests for the purpose of the audit; and c: reasonable access to the farm (or any part of it) for the purpose of any audit inspection. 4: After completing the audit, the auditor must— a: provide the farm operator with a report of the auditor’s findings on whether the farm achieves compliance with the certified freshwater farm plan; and b: if the auditor finds that the farm achieves compliance, provide that report to the relevant regional council. 5: If the auditor finds that the farm fails to achieve compliance with the certified freshwater farm plan,— a: the auditor’s report— i: must include reasons why the farm failed to achieve compliance; and ii: specify reasonable time frames by which compliance must be achieved; and iii: may include recommendations on how compliance may be achieved; and b: the auditor must give the farm operator a reasonable opportunity to respond to the report; and c: the auditor must, after the prescribed period has expired, provide the farm operator and the relevant regional council with a final report— i: setting out the auditor’s findings (including the findings of the first report); and ii: stating whether compliance was achieved; and iii: including any recommendations from the auditor. Section 217H inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217I: Functions of regional councils 1: For the purposes of this Part, a regional council has the following functions: a: to enforce the observance of the requirements of this Part and regulations to the extent that their powers under this Act enable them to do so; and b: to monitor compliance by farm operators with their duties under this Part and with any requirements in regulations; and c: to receive notifications of freshwater farm plans that have been certified; and d: to receive audit reports and related notifications from auditors. 2: A regional council may require a farm operator to produce a certified freshwater farm plan for inspection. Section 217I inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217J: Records that must be kept by regional council A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of— a: whether the farm has a certified freshwater farm plan; and b: the date the plan was last certified; and c: the date the farm was last audited for compliance with the plan; and d: any other information required by regulations. Section 217J inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217K: Regional council must appoint certifiers and auditors 1: A regional council must— a: appoint 1 or more certifiers; and b: appoint 1 or more auditors. 2: A regional council may make an appointment under this section only if satisfied that criteria prescribed in regulations have been met. Section 217K inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217L: Relationship between certified freshwater farm plan and specified instruments 1: A certified freshwater farm plan may contain a requirement that— a: relates to an activity carried out on the farm (an activity b: restricts an activity more than a provision of a specified instrument. 2: However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails. 3: To avoid doubt, compliance with a requirement of a certified freshwater farm plan— a: does not of itself authorise a person to undertake an activity: b: may be specified or included as a requirement or condition in any specified instrument relating to an activity. Section 217L inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217M: Regulations relating to freshwater farm plans 1: The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that— a: prescribe crops for the purpose of the definition of arable land use in section 217B b: prescribe agricultural land uses for the purpose of the definition of farm in section 217B c: prescribe the area of land described in section 217D(1)(d) d: provide for the content of a freshwater farm plan, including (without limitation) specifying— i: any requirements, including any actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, remedying, or mitigating any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and ii: outcomes that must be achieved for the purpose of avoiding, remedying, or mitigating those adverse effects on freshwater and freshwater ecosystems; and iii: any other information that must be included in the plan for the purpose of this Part: e: provide for the form and manner in which a freshwater farm plan must be certified, including (without limitation) prescribing— i: time frames that must be complied with by the farm operator and certifier; and ii: any fees payable by the farm operator or the manner of calculating those fees: f: prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified: g: for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe— i: the time frame by which a farm must be audited; and ii: the frequency at which those audits must be carried out; and iii: the manner in which an audit must be completed; and iv: the period after which the auditor must provide their final report under section 217H(5)(c) v: any matters that an auditor must take into account when considering whether the farm achieves compliance with the certified freshwater farm plan; and vi: any fees payable by the farm operator or the manner of calculating those fees: h: prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role: i: require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of section 217I j: prescribe information that a regional council must keep in relation to farms in its jurisdiction: k: prescribe infringement offences for the contravention of, or non-compliance with, a provision of this Part or of any regulations made under this section: l: provide for any other matters that are contemplated by, or necessary for giving full effect to, this Part and for its due administration. 2: Regulations under this section may apply generally or to specified districts, regions, or parts of New Zealand. 3: Regulations under this section may incorporate material by reference under Schedule 1AA 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 217M inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217M(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 9B: Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems Part 9B inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217N: Purpose of this Part The purpose of this Part is to enable better monitoring of the actions being taken to improve freshwater quality and freshwater ecosystems, through the collection of sales information on nitrogenous fertiliser to inform freshwater management and planning under this Act. Section 217N inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217O: Nitrogenous fertiliser defined In this Part, nitrogenous fertiliser Section 217O inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217P: Obligation to comply with regulations If regulations made under section 217Q a: the collection of information relating to or arising from the sale and purchase of nitrogenous fertiliser; and b: the provision of that information to the EPA, a regional council, a specified agency, or a specified person or class of persons. Section 217P inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 217Q: Regulations relating to sales information on nitrogenous fertiliser 1: The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that— a: require persons of a specified class to collect any of the following information relating to or arising from the sale and purchase of nitrogenous fertiliser: i: the date of purchase: ii: where the purchase took place: iii: the name of the seller: iv: the name of the purchaser: v: the type of fertiliser purchased: vi: the volume of fertiliser purchased: vii: where the fertiliser is intended to be applied; and b: prescribe how the information is to be collected; and c: require persons who are required under paragraph (a) to collect the information to provide it to any 1 or more of the following: i: the EPA: ii: a regional council: iii: a specified person or class of persons: iv: a specified agency; and d: specify the manner in which, and the frequency at which, that information is to be provided; and e: allow the collection of personal information of a purchaser only if their purchase exceeds a prescribed volume of nitrogenous fertiliser. 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 217Q inserted 1 July 2020 section 64 Resource Management Amendment Act 2020 Section 217Q(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Subdivision and reclamations 218: Meaning of subdivision of land 1: In this Act, the term subdivision of land a: the division of an allotment— i: by an application to the Registrar-General of Land record of title ii: by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or iii: by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or iv: by the grant of a company lease or cross lease in respect of any part of the allotment; or v: by the deposit of a unit plan, or the Registrar-General of Land record of title b: an application to the Registrar-General of Land record of title record of title section 226 and the term subdivide land 2: In this Act, the term allotment a: any parcel of land under the Land Transfer Act 2017 i: the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or ii: a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or b: any parcel of land or building or part of a building that is shown or identified separately— i: on a survey plan; or ii: on a licence within the meaning of subpart 6 of Part 3 c: any unit on a unit plan; or d: any parcel of land not subject to the Land Transfer Act 2017 3: For the purposes of subsection (2), an allotment that is— a: subject to the Land Transfer Act 2017 b: not subject to that Act and was acquired by its owner under 1 instrument of conveyance— shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land. 4: For the purposes of subsection (2), the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment. Section 218(1)(a)(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)(a)(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(1)(a)(iii) replaced 1 August 2003 section 69 Resource Management Amendment Act 2003 Section 218(1)(a)(v) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)(a)(v) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(1)(a)(v) amended 7 July 1993 section 114(2) Resource Management Amendment Act 1993 Section 218(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 218(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(2)(b)(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(2)(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 218(3)(a) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 218(4) inserted 17 December 1997 section 39 Resource Management Amendment Act 1997 219: Information to accompany applications for subdivision consents Section 219 repealed 1 August 2003 section 70 Resource Management Amendment Act 2003 220: Condition of subdivision consents 1: Without limiting section 108 a: where an esplanade strip is required under section 230 section 232 aa: a condition requiring an esplanade reserve to be set aside in accordance with section 236 ab: a condition requiring the vesting of ownership of land in the coastal marine area or the bed of a lake or river in accordance with section 237A ac: a condition waiving the requirement for, or reducing the width of, an esplanade reserve or esplanade strip in accordance with section 230 section 405A b: subject to subsection (2), a condition that any specified part or parts of the land being subdivided or any other adjoining land of the subdividing owner be— i: transferred to the owner of any other adjoining land and amalgamated with that land or any part thereof; or ii: amalgamated, where the specified parts are adjoining; or iii: amalgamated, whether the specified parts are adjoining or not, for any purpose specified in a district plan or necessary to comply with any requirement of the district plan; or iv: held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotment or allotments in the subdivision: c: a condition that any allotment be subject to a requirement as to the bulk, height, location, foundations, or height of floor levels of any structure on the allotments: d: a condition that provision be made to the satisfaction of the territorial authority for the protection of the land or any part thereof, or of any land not forming part of the subdivision, against natural hazards natural hazards e: a condition that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority: f: a condition requiring that any easements be duly granted or reserved: g: a condition requiring that any existing easements in respect of which the land is the dominant tenement and which the territorial authority considers to be redundant, be extinguished, or be extinguished in relation to any specified allotment or allotments. 2: For the purposes of subsection (1)(b)— a: where any condition requires land to be amalgamated, the territorial authority shall, subject to subsection (3), specify (as part of that condition) that such land be held in 1 record of title b: land shall be regarded as adjoining other land notwithstanding that it is separated from the other land only by a road, railway, drain, water race, river, or stream. 3: Before deciding to grant a subdivision consent on a condition described in subsection (1)(b), the territorial authority shall consult with the Registrar-General of Land Registrar-General of Land Registrar-General of Land Section 220(1)(a) replaced 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)(aa) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)(ab) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)(ac) inserted 7 July 1993 section 116 Resource Management Amendment Act 1993 Section 220(1)(d) amended 18 October 2017 section 164(a) Resource Legislation Amendment Act 2017 Section 220(1)(d) amended 18 October 2017 section 164(b) Resource Legislation Amendment Act 2017 Section 220(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 221: Territorial authority to issue a consent notice 1: Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224 2: Every consent notice must be signed by a person authorised by the territorial authority to sign consent notices. 3: At any time after the deposit of the survey plan,— a: the owner may apply to a territorial authority to vary or cancel any condition specified in a consent notice: b: the territorial authority may review any condition specified in a consent notice and vary or cancel the condition. 3A: Sections 88 to 121 127(4) to 132 4: Every consent notice shall be deemed— a: to be an instrument creating an interest in the land within the meaning of section 51 b: to be a covenant running with the land when registered under the Land Transfer Act 2017 section 103 5: Where a consent notice has been registered under the Land Transfer Act 2017 after an application or review Registrar-General of Land Section 221(2) replaced 1 October 2009 section 123 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 221(3) replaced 10 August 2005 section 92(1) Resource Management Amendment Act 2005 Section 221(3A) inserted 10 August 2005 section 92(1) Resource Management Amendment Act 2005 Section 221(4)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(4)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 221(5) amended 10 August 2005 section 92(2) Resource Management Amendment Act 2005 222: Completion certificates 1: Where under this Part, compliance with a condition of a subdivision consent is dependent on the completion by the owner of any work required by the territorial authority or on the making of a financial contribution (as defined in section 108(9) section 224 or make the financial contribution (as the case may be) 2: The territorial authority may from time to time extend any period specified by it under subsection (1), but any such extension shall not affect any security given for the performance of the bond. 3: The territorial authority may exercise all of the powers conferred upon a consent authority by section 108A 4: The provisions of section 109 5: In this section, the term work contributions of money or land (including esplanade reserves and esplanade strips) Section 222(1) amended 17 December 1997 section 40(a) Resource Management Amendment Act 1997 Section 222(1) amended 17 December 1997 section 40(b) Resource Management Amendment Act 1997 Section 222(3) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 222(5) amended 7 July 1993 section 117 Resource Management Amendment Act 1993 Approval and deposit of survey plans 223: Approval of survey plan by territorial authority 1: An owner of any land may submit to a territorial authority for its approval, a survey plan in respect of that land if— a: a subdivision consent has been obtained for the subdivision to which the survey plan relates, and that consent has not lapsed; or b: a certificate of compliance has been obtained, and that certificate has not lapsed. 1A: Within 10 working days after receiving a survey plan submitted to it under subsection (1), a territorial authority must either— a: approve the survey plan; or b: decline the survey plan. 2: Subject to sections 237 237A 240 241 243 a: where a subdivision consent has been obtained, the survey plan conforms with the subdivision consent; or b: where a certificate of compliance has been obtained, the survey plan conforms with the certificate of compliance. 3: The chief executive 4: A certification under subsection (3) may be made either— a: by signing the plan or a copy of it; or b: by any other means that— i: identifies the person giving the certification and links the certificate to the survey plan; and ii: is as reliable as is appropriate to the purposes of this section. 5: A certificate under subsection (3) is conclusive evidence that all roads, private roads, reserves, land vested in the authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974 6: Nothing in subsection (3) affects any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision. Section 223(1A) inserted 1 August 2003 section 71 Resource Management Amendment Act 2003 Section 223(2) amended 7 July 1993 section 118 Resource Management Amendment Act 1993 Section 223(3) replaced 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 223(4) replaced 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(5) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 223(6) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 224: Restrictions upon deposit of survey plan No survey plan shall be deposited for the purposes of section 11(1)(a)(i) or (iii) a: b: where land shown on the survey plan will vest in the Crown or a territorial authority, there is endorsed on the survey plan or deposited with the Registrar-General of Land i: in the case of land subject to the Land Transfer Act 2017 ii: in the case of land not subject to that Act, every person having an interest , including any encumbrance, in Deeds Registration Act 1908 c: there is lodged with the Registrar-General of Land chief executive or other authorised officer it has approved the survey plan under section 223 i: a completion certificate has been issued in relation to such of the conditions to which section 222 ii: a consent notice has been issued in relation to such of the conditions to which section 221 iii: a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b) d: there is lodged for registration with the Registrar-General of Land ; and e: in relation to any unit plan, the requirements of the Unit Titles Act 2010 ; and f: in the case of a subdivision of land to be effected by the grant of a cross lease or company lease, or by the deposit of a unit plan, the territorial authority is satisfied on reasonable grounds that every existing building or part of an existing building (including any building or part thereof under construction) described in section 116A signed by a person authorised by the territorial authority to sign such certificates is lodged with the Registrar-General of Land g: where land is shown upon the survey plan to be subject to an esplanade strip, there is lodged for registration with the Registrar-General of Land ; and h: less than 3 years has elapsed since the territorial authority approved the plan under section 223 Section 224 amended 21 December 2021 section 14 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 Section 224 amended 1 October 2009 section 124(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(a) repealed 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(b)(i) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 224(b)(ii) amended 7 July 1993 section 119(1)(b) Resource Management Amendment Act 1993 Section 224(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(c) amended 1 July 2003 section 262 Local Government Act 2002 Section 224(c) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(c) amended 7 July 1993 section 119(2)(a) Resource Management Amendment Act 1993 Section 224(c)(iii) amended 17 December 1997 section 42(1) Resource Management Amendment Act 1997 Section 224(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(d) amended 7 July 1993 section 119(2)(b) Resource Management Amendment Act 1993 Section 224(e) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 224(e) amended 7 July 1993 section 119(2)(b) Resource Management Amendment Act 1993 Section 224(f) replaced 7 July 1993 section 119(3) Resource Management Amendment Act 1993 Section 224(f) amended 1 October 2009 section 124(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(f) amended 14 April 2005 section 14(2) Building Amendment Act 2005 Section 224(f) amended 31 March 2005 section 414 Building Act 2004 Section 224(f) amended 17 December 1997 section 42(2) Resource Management Amendment Act 1997 Section 224(g) inserted 7 July 1993 section 119(3) Resource Management Amendment Act 1993 Section 224(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 224(g) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 224(h) inserted 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 225: Agreement to sell land or building before deposit of plan 1: Any agreement to sell any land or any building or part of any building that constitutes a subdivision and is made before the appropriate survey plan is approved under section 223 Land Transfer Act 2017 2: Subject to subsection (1), any agreement to sell any allotment in a proposed subdivision made before the appropriate survey plan is approved under section 223 a: that the purchaser may, by notice in writing to the vendor, cancel the agreement at any time before the end of 14 days after the date of the making of the agreement: b: that the purchaser may, at any time after the expiration of 2 years after the date of granting of the resource consent or 1 year after the date of the agreement, whichever is the later, by notice in writing to the vendor, rescind the contract if the vendor has not made reasonable progress towards submitting a survey plan to the territorial authority for its approval or has not deposited the survey plan within a reasonable time after the date of its approval. 3: An agreement may be rescinded under subsection (2) notwithstanding that the parties cannot be restored to the position that they were in immediately before the agreement was made, and in any such case the rights and obligations of each party shall, in the absence of agreement between the parties, be as determined by a court of competent jurisdiction. Section 225(1) amended 12 November 2018 section 250 Land Transfer Act 2017 226: Restrictions upon issue of certificates of title for subdivision 1: The Registrar-General of Land record of title record of title issued a: the plan has been deposited in accordance with section 224 section 228 b: the plan has been deposited in accordance with section 306 section 306(7) ba: the plan has been approved under Part 25 of the Municipal Corporations Act 1954 bb: the plan has been approved under Part 2 of the Counties Amendment Act 1961 bc: the plan did not require the approval of the Council under Part 2 of the Counties Amendment Act 1961 Land Transfer Act 2017 c: the plan has been deposited in accordance with the Unit Titles Act 2010 d: the record of title e: the territorial authority has given a certificate signed by the principal administrative officer or other authorised officer to the effect i: that there is no district plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed district plan; or ii: that the allotment is in accordance with the requirements and provisions of the district plan and the proposed district plan (if any) for the area to which the survey plan relates; or iii: that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977 2: Nothing in section 11 record of title Section 226 heading amended 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 226(1)(ba) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)(bb) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)(bc) inserted 7 July 1993 section 120 Resource Management Amendment Act 1993 Section 226(1)(bc) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1)(c) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 226(1)(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226(1)(e) amended 1 August 2003 section 72 Resource Management Amendment Act 2003 Section 226(2) amended 12 November 2018 section 250 Land Transfer Act 2017 226A: Savings in respect of cross leases, company leases, and retirement village leases 1: Nothing in section 11 a: to the registration of a memorandum of cross lease or company lease, in renewal or in substitution for a cross lease or company lease, and the issue of a record of title i: deposited or lodged in the land registry office for cross lease or company lease purposes before the commencement of this Act; or ii: to which paragraph (b) or paragraph (c) of section 408(1) applies; or b: to the registration of a lease of a residence within retirement village premises shown on a plan deposited before the commencement of this Act or the issue of a certificate of title therefor ; or c: to the renewal or substitution of a company lease in respect of a building or part of a building if the original company lease was in existence before the commencement of this Act (whether or not the renewal or substitution is part of the original company lease or a subsequent company lease). 2: The Registrar-General of Land record of title lease instrument 3: For the purposes of this section, retirement village premises Section 226A inserted 7 July 1993 section 121 Resource Management Amendment Act 1993 Section 226A(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226A(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 226A(1)(c) inserted 1 August 2003 section 73 Resource Management Amendment Act 2003 Section 226A(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 226A(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 227: Cancellation of prior approvals 1: Where— a: before or after the date of commencement of this Act, a survey plan has been deposited under the Land Transfer Act 2017 b: a survey plan of the same land is deposited in accordance with section 224 the approval given to the first-mentioned survey plan on or before the date of deposit of the second-mentioned survey plan shall, except as to conditions to which sections 221 243 c: be deemed to be cancelled; or d: where the land in the second-mentioned survey plan is part only of the land in the first-mentioned survey plan, be deemed to be cancelled so far as it relates to the land in the second-mentioned survey plan. 2: Subsection (1) does not apply to the deposit of a unit plan, or to a survey plan which gives effect to the grant of a lease to which section 218(1)(a)(iii) Section 227(1) amended 17 December 1997 section 43 Resource Management Amendment Act 1997 Section 227(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 227(2) inserted 7 July 1993 section 122 Resource Management Amendment Act 1993 228: Subdivision by the Crown 1: Where a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 section 223 a: subject to subsection (2), the approval by the Chief Surveyor of the land district in which the land is situated of the survey plan of the subdivision has legal section 224 b: the land is then deemed to be subject to the Land Transfer Act 2017 record of title Registrar-General of Land i: the Director-General of Conservation if the land is a conservation area within the meaning of the Conservation Act 1987 , or a reserve under the Reserves Act 1977 National Parks Act 1980 Wildlife Act 1953 ii: the Surveyor-General or other officer authorised in writing by the Surveyor-General 2: Section 224 Registrar-General of Land record of title section 224 Section 228(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(1) amended 7 July 1993 section 123(1) Resource Management Amendment Act 1993 Section 228(1)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 228(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 228(1)(b)(i) amended 7 July 1993 section 123(2) Resource Management Amendment Act 1993 Section 228(1)(b)(ii) amended 7 July 1993 section 123(3) Resource Management Amendment Act 1993 Section 228(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 228(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Esplanade reserves 229: Purposes of esplanade reserves and esplanade strips An esplanade reserve or an esplanade strip has 1 or more of the following purposes: a: to contribute to the protection of conservation values by, in particular,— i: maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or ii: maintaining or enhancing water quality; or iii: maintaining or enhancing aquatic habitats; or iv: protecting the natural values associated with the esplanade reserve or esplanade strip; or v: mitigating natural hazards; or b: to enable public access to or along any sea, river, or lake; or c: to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values. Section 229 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 230: Requirement for esplanade reserves or esplanade strips 1: For the purposes of sections 77 229 to 237H and 405A 2: The provisions of sections 229 to 237H section 11(1)(a) 3: Except as provided by any rule in a district plan made under section 77(1) section 231 4: For the purposes of subsection (3), a river lake 5: If any rule made under section 77(2) section 231 section 232 Section 230 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 230(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 231: Esplanade reserves to vest on subdivision 1: An esplanade reserve required under section 230 section 236 a: shall be set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977 b: shall vest in and be administered by the territorial authority. 2: Nothing in this Part shall prevent the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977 3: Every survey plan submitted to the territorial authority under section 223 Section 231 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 232: Creation of esplanade strips 1: An esplanade strip of the width specified in a rule in a district plan made under section 77 section 229 2: Every such instrument shall— a: be in accordance with Schedule 10 b: be in the prescribed form; and c: be created in favour of the territorial authority; and d: create an interest in land, and may be registered under the Land Transfer Act 2017 e: when registered with the Registrar-General of Land f: bind every mortgagee or other person having an interest in the land, without that person's consent. 3: Where an esplanade strip is created, that strip may be closed to public entry under section 237C 4: When deciding under section 220(1)(a) a: which provisions in clauses 2 3 7 b: any other matters that the territorial authority considers appropriate to include in the instrument. 5: When deciding under subsection (4) which provisions (if any) to modify or exclude or what other matters to include, the territorial authority shall consider— a: any relevant rules in the district plan; and b: the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and c: the purpose or purposes of the strip, including the needs of potential users of the strip; and d: the use of the strip and adjoining land by the owner and occupier; and e: the use of the river, lake, or coastal marine area within or adjacent to the strip; and f: the management of any reserve in the vicinity. Section 232 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 232(2)(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 232(2)(e) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 233: Effect of change to boundary of esplanade strip 1: Where, for any reason, the mark of any mean high water springs or the bank of any river or the margin of any lake alters, and the alteration affects an existing esplanade strip within an allotment, a new esplanade strip coinciding with such alteration shall be deemed to have been created simultaneously with each and every such alteration within the allotment. 2: Any instrument creating any existing esplanade strip shall continue in existence and shall apply to a new esplanade strip created under subsection (1) without alteration, except as to location of the strip. 3: Every esplanade strip created by subsection (1) shall be of such dimensions and be situated and subject to the same conditions as if it had been created by an instrument continued under subsection (2) and shall extinguish in whole or in part, as the case may require, the existing esplanade strip which would have continued but for the alterations referred to in subsection (1). 4: Subject to this section, the provisions of this Act shall apply to every esplanade strip created by subsection (1). 5: Any person having an interest in land affected by the new esplanade strip created under subsection (1) shall be bound by the instrument applying to that strip. Section 233 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 234: Variation or cancellation of esplanade strips 1: The registered owner 2: The application shall include— a: a description of the strip and its location; and b: an assessment of the effects of varying or cancelling the strip. 3: The territorial authority may at any time initiate a proposal to vary or cancel the instrument creating an esplanade strip by preparing a statement covering the matters specified in subsection (2); and references to an application in this section shall include a statement made under this subsection. 4: Upon receipt of an application under subsection (1) by the territorial authority, or after the preparation of a statement by the territorial authority under subsection (3), the provisions of sections 127 to 132 5: The territorial authority, when considering an application to vary or cancel any instrument creating an esplanade strip shall have regard to— a: those matters set out in section 104(1) b: the purpose or purposes, as set out in section 229 c: any change in circumstances which has made the strip or any of the conditions in the instrument creating the strip inappropriate or unnecessary. 6: After considering the application for variation or cancellation of an instrument creating an esplanade strip, the territorial authority— a: may grant the application, with or without modifications; or b: may decline the application. 7: When all the appeals (if any) are finally determined, the territorial authority shall lodge for registration with the Registrar-General of Land chief executive 8: The Registrar-General of Land Section 234 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 234(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 234(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 234(7) amended 1 July 2003 section 262 Local Government Act 2002 Section 234(8) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 235: Creation of esplanade strips by agreement 1: An esplanade strip may at any time be created for any of the purposes specified in section 229 registered owner sections 229 232 233 234 237(2) 237C 2: No instrument for an esplanade strip by agreement may be registered with the Registrar-General of Land Section 235 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 235(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 235(1) amended 1 August 2003 section 74 Resource Management Amendment Act 2003 Section 235(1) amended 17 December 1997 section 44 Resource Management Amendment Act 1997 Section 235(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 236: Where land previously set aside or reserved Where— a: land along the mean high water mark or the mark of mean high water springs of the sea, or along the bank of any river, or along the margin of any lake, has— i: been set aside as an esplanade reserve under this Part, or has been reserved for the purpose specified in section 289 section 29(1) of the Counties Amendment Act 1961 section 11 of the Land Subdivision in Counties Act 1946 ii: been set aside or reserved for public recreation purposes pursuant to any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or iii: been reserved from sale or other disposition pursuant to section 24 section 58 b: a survey plan of land adjoining that land previously set aside or reserved is submitted to the territorial authority under section 223 then, notwithstanding that any land of the kind referred to in paragraph (a) has been previously reserved or set aside but subject to any rule in a district plan or any resource consent, there may, as a condition of consent under section 220(1)(aa) c: be of a width that is the difference between the width of the land previously set aside or reserved and— i: the width required by a rule in a district plan under section 77 ii: the width required by a rule in a district plan under section 77 iii: where any allotment less than 4 hectares is created when land is subdivided, and there is no rule in a district plan under section 77 section 230 Section 236 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 236 amended 17 December 1997 section 45 Resource Management Amendment Act 1997 237: Approval of survey plans where esplanade reserve or esplanade strips required 1: Subject to subsection (3), the territorial authority shall not approve a survey plan unless any esplanade reserve or esplanade strip required under this Part is shown on the survey plan. 2: Notwithstanding anything in the Land Transfer Act 2017 3: Where— a: an esplanade reserve or esplanade strip is required under this Part in respect of a subdivision which is to be effected by the grant of a cross lease or company lease or by the deposit of a unit plan; and b: it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 223 primary survey plan the territorial authority, after consultation with the Registrar-General of Land 4: Where the territorial authority approves a separate survey plan under subsection (3)— a: a memorandum to that effect shall be endorsed on the primary survey plan and the separate survey plan; and b: the Registrar-General of Land the Registrar-General of Land record of title section 228 5: Subject to this section, nothing in section 11 Section 237 replaced 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237(4)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237(4)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 237A: Vesting of land in common marine and coastal area or bed of lake or river 1: Where a survey plan is submitted to a territorial authority in accordance with section 223 a: show as vesting in the territorial authority— i: such part of the allotment as forms part of the bed of a river or lake and adjoins an esplanade reserve shown as vesting in the territorial authority; or ii: such part of the allotment as forms part of the bed of a river or lake and is required to be so vested as a condition of a resource consent: b: show any part of the allotment that is in the coastal marine area as part of the common marine and coastal area. 2: Any requirement to vest the bed under subsection (1)(a)(i) Section 237A inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237A heading replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237A(1)(b) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237A(2) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 237B: Access strips 1: A local authority may agree with the registered owner 2: Any such easement shall— a: be executed by the local authority and the registered owner b: be in the prescribed form; and c: contain the relevant provisions in accordance with Schedule 10 3: When deciding which matters shall be provided for in the easement, the parties shall consider— a: which provisions in clauses 2 3 7 b: any other matters that the local authority and registered proprietor consider appropriate to include in the easement. 4: When deciding under subsection (3) which provisions (if any) to modify or exclude or what other matters to include, the parties shall consider— a: any relevant rules in the district plan; and b: the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and c: the purpose of the strip, including the needs of potential users of the strip; and d: the use of the strip and adjoining land by the owner and occupier; and e: where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and f: the management of any reserve in the vicinity. 5: Any such easement shall take effect when registered at the office of the Registrar-General of Land 6: An access strip may be closed to public entry under section 237C 7: No easement for an access strip may be registered with the Registrar-General of Land 8: The registered owner section 234(7) and (8) Section 237B inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237B(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237B(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237B(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237B(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 237B(8) amended 12 November 2018 section 250 Land Transfer Act 2017 237C: Closure of strips to public 1: An esplanade strip or access strip may be closed to the public for the times and periods specified in the instrument or easement under Schedule 10 2: The local authority shall ensure, where practicable, that any closure specified in the instrument or easement, or any closure for safety or emergency reasons, is adequately notified (including notification that it is an offence to enter the strip during the period of closure) to the public by signs erected at all entry points to the strip, unless the instrument or easement provides that another person is responsible for such notification. Section 237C inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 237D: Transfers to the Crown or regional council 1: Notwithstanding the provisions of the Reserves Act 1977 Gazette a: shall cease to be vested in and administered by the territorial authority but instead shall vest in the Crown or the regional council; and b: shall have such classification under the Reserves Act 1977 Gazette and, subject to the provisions of the Reserves Act 1977 2: The Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette 3: The notice shall be registered in the office of the Registrar-General of Land Section 237D inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237D(1) amended 10 August 2005 section 94 Resource Management Amendment Act 2005 Section 237D(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 237E: Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares 1: Where an allotment of less than 4 hectares is created when land is subdivided, no compensation for esplanade reserves or esplanade strips shall be payable for any area of land within 20 metres from the mark of mean high water springs of the sea or from the bank of any river or from the margin of any lake, as the case may be. 2: Where an esplanade reserve or esplanade strip of a width greater than 20 metres is required to be set aside on an allotment of less than 4 hectares created when land is subdivided, the territorial authority shall pay compensation for the area of the esplanade reserve or esplanade strip above 20 metres, to the registered owner registered owner Section 237E inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237E(2) amended 12 November 2018 section 250 Land Transfer Act 2017 237F: Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more Where any esplanade reserve or esplanade strip of any width is required to be set aside or created on an allotment of 4 hectares or more created when land is subdivided, the territorial authority shall pay to the registered owner registered owner Section 237F inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237F amended 12 November 2018 section 250 Land Transfer Act 2017 237G: Compensation 1: This section applies if— a: the bed of a river or lake— i: is vested in the Crown in accordance with section 237A(1)(a) ii: adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more when land is subdivided; or b: land that is within the coastal marine area— i: becomes part of the common marine and coastal area in accordance with section 237A(1)(b) ii: adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more created when land is subdivided. 2: In the case of land referred to in subsection (1)(a), the Crown or territorial authority, as the case may be, must pay compensation to the registered owner registered owner 3: In the case of land referred to in subsection (1)(b), the Crown must pay compensation to the registered owner registered owner Section 237G replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 237G(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237G(3) amended 12 November 2018 section 250 Land Transfer Act 2017 237H: Valuation 1: If the territorial authority or Crown, as the case may be, and the registered owner section 237E section 237F section 237G a registered valuer agreed on by the parties (or, failing agreement, nominated by the President of the New Zealand Institute of Valuers) 2: The territorial authority or Crown, as the case may be, or the registered owner 3: Sections 34 35 36 38 a: the registered valuer had been appointed by a territorial authority to review the objection; and b: the review had been made under section 34 c: the references to a territorial authority in sections 34(4) 35 36 4: For the purposes of this section and of sections 237E to 237G a: in the case of an esplanade reserve, the value of the land set aside: b: in the case of an esplanade strip, the value of the interest in land created— and any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan. Section 237H inserted 7 July 1993 section 124 Resource Management Amendment Act 1993 Section 237H(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237H(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 237H(2) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 237H(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 237H(3) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Vesting of roads and reserves 238: Vesting of roads 1: When the Registrar-General of Land section 228 all interests in land including any a: in the case of a regional road, in the territorial authority or regional council, as the case may be: b: in the case of a Government road declared as such under any Act, in the Crown: c: in the case of a State highway, in the Crown or the territorial authority, as the case may be: d: in the case of any other road, in the territorial authority. 2: Section 238 amended 7 July 1993 section 125 Resource Management Amendment Act 1993 Section 238(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 238(2) repealed 12 November 2018 section 250 Land Transfer Act 2017 239: Vesting of reserves or other land 1: When the Registrar-General of Land section 228 a: any land shown on the survey plan as reserve to be vested in the territorial authority or the Crown, vests in the territorial authority or the Crown, as the case may be, free from all interests in land, including any Reserves Act 1977 b: any land shown on the survey plan as land to be vested in the territorial authority or in the Crown in lieu of reserves, shall vest in the territorial authority or in the Crown, as the case may be, free from all interests in land, including any ; and c: any land or any part of the bed of a river (not being part of the coastal marine area) or lake, shown on the survey plan as land to be vested in the territorial authority or the Crown, shall vest in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and d: to avoid doubt, any land shown on the survey plan as land in the coastal marine area becomes part of the marine and coastal area. 2: Notwithstanding subsection (1), the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land. 3: Any land vested in the Crown vests under the Land Act 1948 Section 239(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 239(1)(a) amended 7 July 1993 section 126(1)(a) Resource Management Amendment Act 1993 Section 239(1)(b) amended 7 July 1993 section 126(1)(b) Resource Management Amendment Act 1993 Section 239(1)(b) amended 7 July 1993 section 126(1)(c) Resource Management Amendment Act 1993 Section 239(1)(c) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 239(1)(d) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 239(2) inserted 7 July 1993 section 126(3) Resource Management Amendment Act 1993 Section 239(3) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Conditions as to amalgamation of land 240: Covenant against transfer of allotments 1: Where a subdivision consent includes a condition under section 220(1)(b) section 220(2)(a) a: shall not approve the survey plan unless the owner has entered into such a covenant; and b: when the covenant has been entered into, shall endorse on the survey plan a certificate to this effect. 2: Where a survey plan is endorsed with a certificate of the kind referred to in subsection (1)(b),— a: the Registrar-General of Land Land Transfer Act 2017 record of title section 228 b: the Registrar-General of Land unless the covenant referred to in the certificate has been lodged for registration. 3: Every covenant referred to in subsection (1) shall be in writing, be signed by the owner, be signed by the chief executive a: to be an instrument capable of registration under the Land Transfer Act 2017 section 51 b: to run with the land and bind subsequent owners. 4: The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any covenant imposed under this section or under the corresponding provision of any former enactment. 5: When a territorial authority cancels a covenant in whole or in part, then— a: where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan: b: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 240(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 240(2)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(2)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 240(3) amended 17 December 1997 section 46(1) Resource Management Amendment Act 1997 Section 240(3)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 240(4) inserted 7 July 1993 section 127 Resource Management Amendment Act 1993 Section 240(5) inserted 7 July 1993 section 127 Resource Management Amendment Act 1993 Section 240(5)(b) replaced 17 December 1997 section 46(2) Resource Management Amendment Act 1997 Section 240(5)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 240(5)(b) amended 1 July 2003 section 262 Local Government Act 2002 241: Amalgamation of allotments 1: Where a subdivision consent includes a condition under section 220(1)(b) section 220(2)(a) record of title a: the condition shall be endorsed on the survey plan; and b: the Registrar-General of Land Land Transfer Act 2017 c: in respect of a subdivision of the Crown, the Registrar-General of Land record of title section 228 until he or she is satisfied that the condition has been complied with as fully as may be possible in the office of the Registrar-General 2: When a condition of the kind referred to in subsection (1) , or a similar condition under the corresponding provision of any previous enactment, a: the separate parcels of land included in the record of title records of title b: on the issue of the record of title Registrar-General of Land record of title 3: The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any condition described in subsection (2). 4: When a territorial authority cancels a condition in whole or in part, then— a: where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan: b: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 241(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(1)(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(1)(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(2) amended 7 July 1993 section 128(1) Resource Management Amendment Act 1993 Section 241(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(2)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 241(2)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(3) inserted 7 July 1993 section 128(2) Resource Management Amendment Act 1993 Section 241(4) inserted 7 July 1993 section 128(2) Resource Management Amendment Act 1993 Section 241(4)(b) replaced 17 December 1997 section 47 Resource Management Amendment Act 1997 Section 241(4)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 241(4)(b) amended 1 July 2003 section 262 Local Government Act 2002 242: Prior registered instruments protected 1: Where— a: for the purpose of complying with a condition of a kind referred to in section 220(1)(b) i: a covenant is registered in accordance with section 240 ii: specified land is amalgamated in 1 record of title section 241 b: that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and c: that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of section 240(2) section 241(2) the specified land shall be deemed to be and always to have been part of the other land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on, that other land shall be deemed also to be rights and obligations in respect of, or encumbrances on, the specified land; and the Registrar-General of Land records of title 2: Where any instrument to which subsection (1) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the specified land which is registered subsequent to the issue of the record of title section 241 section 240 Registrar-General of Land records of title 3: Where a memorandum has been entered on a record of title Registrar-General of Land section 240(5) section 241(4) Registrar-General of Land Section 242(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 242(1)(a)(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 242(3) inserted 7 July 1993 section 129 Resource Management Amendment Act 1993 Section 242(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 242(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Conditions as to easements 243: Survey plan approved subject to grant or reservation of easements Where a subdivision consent is granted or any record of title a: no such easement shall— i: be surrendered by the owner of the dominant tenement; or ii: in the case of an easement in gross, be surrendered by the grantee of the easement; or iii: be merged by transfer to the owner of the dominant or iv: be varied— except with the written consent of the territorial authority: b: the territorial authority shall not approve the survey plan unless there is endorsed on the survey plan a memorandum showing, with respect to each such easement, which is the dominant tenement and which is the servient tenement or, in the case of an easement in gross, the name of the proposed grantee and which is the servient tenement: c: the Registrar-General of Land d: the Registrar-General of Land must endorse on any relevant records of title, a memorial that the easement is subject to the provisions of this section: e: the territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, revoke the condition in whole or part: f: when a territorial authority cancels a condition in whole or in part, then— i: where the survey plan has not been approved by the Surveyor-General, a memorandum of the cancellation must be endorsed on the survey plan or notice of the cancellation must be forwarded by that authority to the Surveyor-General, who must update his or her records accordingly: ii: where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land chief executive Registrar-General of Land Section 243 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 243 amended 7 July 1993 section 130(1) Resource Management Amendment Act 1993 Section 243(a)(iii) amended 7 July 1993 section 130(2) Resource Management Amendment Act 1993 Section 243(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 243(d) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 243(f) replaced 7 July 1993 section 130(3) Resource Management Amendment Act 1993 Section 243(f)(i) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 243(f)(ii) replaced 17 December 1997 section 48 Resource Management Amendment Act 1997 Section 243(f)(ii) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 243(f)(ii) amended 1 July 2003 section 262 Local Government Act 2002 Company leases and cross leases Heading repealed 1 July 1992 Building Act 1991 244: Company leases and cross leases Section 244 repealed 1 July 1992 Building Act 1991 Reclamations 245: Consent authority approval of a plan of survey of a reclamation 1: The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the reclamation, submit to the consent authority for its approval a plan of survey in respect of the land that has been reclaimed. 2: The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002 a: the area reclaimed, including its location and the position of all new boundaries; and b: the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip. 3: 4: A consent authority shall approve a plan of survey submitted to it under subsection (1) if, and only if, it is satisfied that— a: the reclamation conforms with the resource consent and any relevant provisions of any regional plan; and b: the plan of survey conforms with subsections (2) and (3) and the resource consent; and c: in respect of any condition of the resource consent that has not been complied with— i: a bond has been given under section 108(2)(b) ii: a covenant has been entered into under section 108(2)(d) 5: A regional council (as the consent authority) approves a plan of survey by— a: affixing its common seal to the plan of survey (or a copy of it); and b: having its chief executive sign and date a certificate stating that— i: the reclamation conforms with the resource consent and the relevant provisions of any regional plan; and ii: in respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)(b) 6: After signing the certificate referred to in subsection (5)(b) Section 245(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 245(2)(b) replaced 7 July 1993 section 131(1) Resource Management Amendment Act 1993 Section 245(3) repealed 7 July 1993 section 131(2) Resource Management Amendment Act 1993 Section 245(4)(c)(i) amended 17 December 1997 section 49(a) Resource Management Amendment Act 1997 Section 245(4)(c)(ii) amended 17 December 1997 section 49(b) Resource Management Amendment Act 1997 Section 245(5) replaced 1 October 2009 section 125(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 245(6) amended 1 October 2009 section 125(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 246: Restrictions on deposit of plan of survey for reclamation 1: The holder of every resource consent granted for a reclamation shall take all steps necessary to ensure that the plan of survey is deposited under the Land Transfer Act 2017 Registrar-General of Land section 245 2: No plan of survey of a reclamation shall be deposited under the Land Transfer Act 2017 Registrar-General of Land a: within the preceding 3 years the relevant consent authority has approved the plan of survey under section 245 b: there is lodged with the Registrar-General of Land section 245(5)(b) 3: On the deposit of a plan of survey under the Land Transfer Act 2017 Registrar-General of Land section 23 section 229 4: Subsection (3) shall apply notwithstanding section 167 Section 246(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2)(b) amended 1 October 2009 section 126 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(2)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 246(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 246(3) amended 7 July 1993 section 132 Resource Management Amendment Act 1993 11: Environment Court Part 11 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 247: Planning Tribunal re-named Environment Court There shall continue to be a court of record called the Environment Court which shall be the same court as the court called the Planning Tribunal immediately before the commencement of this section and which, in addition to the jurisdiction and powers conferred on it by or pursuant to this Act or any other Act, shall continue to have all the powers inherent in a court of record. Section 247 replaced 2 September 1996 section 6(1) Resource Management Amendment Act 1996 248: Membership of Environment Court The Environment Court a: Environment Judges sections 249 250 b: Environment Commissioners section 254 Section 248 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 248 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 248(a) amended 1 July 2020 section 65 Resource Management Amendment Act 2020 Section 248(a) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 248(b) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Environment Judges Environment Judges Heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 249: Eligibility for appointment as an Environment Judge Environment Judge 1: A person shall not be appointed or hold office as an Environment Judge Environment Judge 2: A person may not be appointed or hold office as an alternate Environment Judge unless— a: the person is a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge; or b: the person is a retired Environment Judge under the age of 75 years and the Chief Environment Court Judge certifies to the Attorney-General that the appointment is necessary for the proper conduct of the Environment Court. Section 249 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 249(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 249(2) replaced 1 July 2020 section 66 Resource Management Amendment Act 2020 250: Appointment of Environment Judges 1: The Governor-General may, on the recommendation of the Attorney-General, after consulting the Minister for the Environment and the Minister for Māori Development,— a: appoint a person as an Environment Judge in accordance with section 249(1) b: appoint a person as an alternate Environment Judge— i: in accordance with section 249(2)(a) ii: in accordance with section 249(2)(b) 2: A person appointed under subsection (1)(a) or (b)(i) holds office as an Environment Judge or as an alternate Environment Judge for the term that the person holds office as a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge, unless the person sooner resigns or is removed from office under this Act. 2A: When acting as an Environment Judge, an alternate Environment Judge appointed under subsection (1)(b)(ii) has the jurisdiction, powers, protections, privileges, and immunities of a District Court Judge under the District Court Act 2016 2B: A retired Environment Judge— a: may be appointed as an alternate Environment Judge for a term of not more than 2 years and may be reappointed for 1 or more terms; but b: must not be appointed— i: for a term that extends beyond the date on which the Judge reaches the age of 75 years; or ii: for multiple terms collectively totalling more than 5 years. 3: At any one time— a: no more than 10 Environment Judge b: any number of alternate Environment Judge 4: For the purposes of subsection (3)(a),— a: an Environment Judge who is acting on a full-time basis counts as 1: b: an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1: c: the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is for the time being permitted. 5: The Attorney-General must publish information explaining his or her process for— a: seeking expressions of interest for the appointment of Environment Judges and alternate Environment Judges; and b: nominating a person for appointment as an Environment Judge or an alternate Environment Judge. 6: Environment Judges and alternate Environment Judges must not practise as lawyers. Section 250 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 250(1) replaced 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2) replaced 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2A) inserted 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(2B) inserted 1 July 2020 section 67 Resource Management Amendment Act 2020 Section 250(3)(a) amended 1 October 2009 section 127 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 250(3)(a) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 250(3)(b) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 250(4) inserted 20 May 2004 section 3(2) Resource Management Amendment Act 2004 Section 250(5) inserted 1 March 2017 section 5 Resource Management Amendment Act 2016 Section 250(6) inserted 1 March 2017 section 5 Resource Management Amendment Act 2016 250A: Judge not to undertake other employment or hold other office 1: Environment Judges and alternate Environment Judges must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Environment Court Judge 2: An approval under subsection (1) may be given only if the Chief Environment Court Judge 3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge. Section 250A inserted 1 March 2017 section 6 Resource Management Amendment Act 2016 Section 250A(1) amended 1 July 2020 section 68 Resource Management Amendment Act 2020 Section 250A(2) amended 1 July 2020 section 68 Resource Management Amendment Act 2020 250B: Protocol relating to activities of Judges 1: The Chief Justice must develop and publish a protocol containing guidance on— a: the employment, or types of employment, that he or she considers may be undertaken consistent with being an Environment Judge or alternate Environment Judge; and b: the offices, or types of offices, that he or she considers may be held consistent with being an Environment Judge or alternate Environment Judge. 2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Environment Court Judge Section 250B inserted 1 March 2017 section 6 Resource Management Amendment Act 2016 Section 250B(2) amended 1 July 2020 section 69 Resource Management Amendment Act 2020 251: Chief Environment Court Judge 1: The Governor-General may, on the recommendation of the Attorney-General Environment Judge Chief Environment Court Judge 2: The Chief Environment Court Judge court Environment Judges Environment Judge court's Section 251 heading replaced 1 July 2020 section 70(1) Resource Management Amendment Act 2020 Section 251(1) amended 1 July 2020 section 70(2) Resource Management Amendment Act 2020 Section 251(1) amended 20 May 2004 section 4 Resource Management Amendment Act 2004 Section 251(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 251(2) amended 1 July 2020 section 70(2) Resource Management Amendment Act 2020 Section 251(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 251(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 251A: Appointment of acting Chief Environment Court Judge 1: This section applies if— a: the Chief Environment Court Judge b: the office of Chief Environment Court Judge 2: The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge Chief Environment Court Judge 3: While acting in place of the Chief Environment Court Judge Chief Environment Court Judge a: may perform the functions and duties of the Chief Environment Court Judge b: may for that purpose exercise all the powers of the Chief Environment Court Judge Section 251A inserted 10 August 2005 section 95 Resource Management Amendment Act 2005 Section 251A heading amended 1 July 2020 section 71(1) Resource Management Amendment Act 2020 Section 251A(1)(a) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(1)(b) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(2) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3)(a) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 Section 251A(3)(b) amended 1 July 2020 section 71(2) Resource Management Amendment Act 2020 252: When an alternate Environment Judge 1: An alternate Environment Judge Environment Judge Chief Environment Court Judge Environment Judge 2: When an alternate Environment Judge Environment Judge Environment Court Section 252 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 252(1) amended 1 July 2020 section 72 Resource Management Amendment Act 2020 Section 252(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 252(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 252(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Environment Commissioners Deputy Environment Commissioners Heading amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 253: Eligibility for appointment as Environment Commissioner Deputy Environment Commissioner When considering whether a person is suitable to be appointed as an Environment Commissioner Deputy Environment Commissioner Environment Court Attorney-General court court a: economic, commercial, and business affairs, local government, and community affairs: b: planning, resource management, and heritage protection: c: environmental science, including the physical and social sciences: d: architecture, engineering, surveying, minerals technology, and building construction: da: alternative dispute resolution processes: e: matters relating to the Treaty of Waitangi Section 253 heading amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 253 amended 20 September 2007 section 4 Resource Management Amendment Act 2007 Section 253 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 253 amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 253(da) inserted 2 September 1996 section 8 Resource Management Amendment Act 1996 254: Appointment of Environment Commissioner Deputy Environment Commissioner 1: The Governor-General may, on the recommendation of the Attorney-General for Māori Development Environment Commissioner Deputy Environment Commissioner Environment Court 2: A person may be reappointed as an Environment Commissioner Deputy Environment Commissioner 3: At any one time any number of Environment Commissioners or Deputy Environment Commissioners may hold office. 4: If an Environment Commissioner or Deputy Environment Commissioner is not reappointed, he or she may continue in office until his or her successor comes into office, notwithstanding that the term for which he or she was appointed may have expired. Section 254 heading amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 254(1) amended 1 July 2020 section 73 Resource Management Amendment Act 2020 Section 254(1) amended 20 May 2004 section 5 Resource Management Amendment Act 2004 Section 254(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 254(1) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 254(2) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 254(3) replaced 2 September 1996 section 9 Resource Management Amendment Act 1996 Section 254(4) inserted 2 September 1996 section 9 Resource Management Amendment Act 1996 255: When a Deputy Environment Commissioner 1: A Deputy Environment Commissioner Environment Commissioner a: the Environment Commissioner or b: the Chief Environment Court Judge Deputy Environment Commissioner 2: When a Deputy Environment Commissioner Environment Commissioner Deputy Environment Commissioner Environment Commissioner Environment Court Section 255 heading amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 255(1) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 255(1)(a) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 255(1)(a) amended 2 September 1996 section 10 Resource Management Amendment Act 1996 Section 255(1)(b) amended 1 July 2020 section 74 Resource Management Amendment Act 2020 Section 255(1)(b) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 255(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 255(2) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 256: Oath of office A person appointed as an Environment Commissioner Deputy Environment Commissioner Environment Court Section 256 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 256 amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Removal and resignation of members 257: Resignation An Environment Judge Environment Judge Environment Commissioner Deputy Environment Commissioner Attorney-General Section 257 amended 20 May 2004 section 6 Resource Management Amendment Act 2004 Section 257 amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 257 amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 258: Removal of members 1: The Governor-General may, if he or she thinks fit, remove an Environment Judge Environment Judge Environment Commissioner Deputy Environment Commissioner 2: The removal under subsection (1) of a District Court Judge from office as an Environment Judge Environment Judge Section 258(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 258(1) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 258(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Special advisors 259: Special advisors 1: The Chief Environment Court Judge Environment Court 2: A special advisor is not a member of the court court Section 259(1) amended 1 July 2020 section 75 Resource Management Amendment Act 2020 Section 259(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 259(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Officers of court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 260: Registrar and other officers 1: The Environment Court a: shall have a Registrar; and aa: may have 1 or more Deputy Registrars; and b: may have other persons to assist it in an administrative capacity. 2: The Registrar , a Deputy Registrar, court a: be appointed under the Public Service Act 2020 b: be officers of the court 2A: A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar subject to the control of the Registrar. 3: An officer of the court public service Section 260(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 260(1)(aa) inserted 10 August 2005 section 96(1) Resource Management Amendment Act 2005 Section 260(2) amended 10 August 2005 section 96(2) Resource Management Amendment Act 2005 Section 260(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 260(2)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 260(2)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 260(2A) inserted 10 August 2005 section 96(3) Resource Management Amendment Act 2005 Section 260(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 260(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Miscellaneous provisions relating to court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 261: Protection from legal proceedings 1: No action lies against any member of the Environment Court 2: In addition, a member of the Environment Court who is a District Court Judge also has the immunities conferred by section 23 3: No action lies against the Registrar for anything the Registrar says or does, or omits to say or do, while acting in good faith under section 278(3) section 281(5) section 281A 4: No action lies against a special advisor appointed under section 259 Section 261(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 261(2) inserted 20 May 2004 section 7 Resource Management Amendment Act 2004 Section 261(2) amended 1 March 2017 section 261 District Court Act 2016 Section 261(3) inserted 10 August 2005 section 97 Resource Management Amendment Act 2005 Section 261(4) inserted 1 July 2020 section 76 Resource Management Amendment Act 2020 262: Environment Court A member of the Environment Court court Section 262 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 262 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 263: Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors 1: Each Environment Commissioner and Deputy Environment Commissioner— a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951 2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a). 3: Each special advisor must be paid, out of money appropriated by Parliament for the purpose, remuneration by way of a salary, a fee, or an allowance, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 4: For the purposes of subsections (1)(b) and (3), the Fees and Travelling Allowances Act 1951 section 2 Section 263 replaced 1 December 2022 section 28 Remuneration Authority Legislation Act 2022 264: Annual report of Registrar 1: The Registrar shall no later than 31 August in each year, deliver to the Minister of the Crown who is responsible for the Ministry of Justice Environment Court Minister of the Crown who is responsible for the Ministry of Justice 2: The Minister of the Crown who is responsible for the Ministry of Justice Section 264(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 264(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 264(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 264(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 264(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Constitution of court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 265: Environment Court 1: The quorum for the Environment Court a: 1 Environment Judge Environment Commissioner b: 1 Environment Judge section 279 Part 12 c: 1 Environment Commissioner Chief Environment Court Judge or an Environment Judge section 280 2: When an Environment Judge Environment Commissioner Environment Judge 3: A decision of a majority of the members of the Environment Court court court Section 265 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 265(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 265(1)(a) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 265(1)(a) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 265(1)(b) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 265(1)(b) amended 7 July 1993 section 133 Resource Management Amendment Act 1993 Section 265(1)(c) amended 1 July 2020 section 77 Resource Management Amendment Act 2020 Section 265(1)(c) amended 19 April 2017 section 100 Resource Legislation Amendment Act 2017 Section 265(1)(c) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 265(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 265(2) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 265(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 266: Constitution of the Environment Court 1: It is in the sole discretion of the member of the Environment Court court court 2: The exercise of discretion under subsection (1) may not be questioned in proceedings before the court Section 266 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 266(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 266(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Conferences and additional dispute resolution 267: Conferences 1: An Environment Judge— a: must, as soon as practicable after the lodging of proceedings, consider whether to convene a conference presided over by a member of the court; and b: may, at any time after the lodging of proceedings, require the parties, or any Minister, local authority, or other person that or who has given notice of intention to appear under section 274 1A: Each person required to be present at a conference must— a: be present in person; or b: have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise at the conference. 2: Any party may request an Environment Judge 3: The member of the court a: direct that such amendments to pleadings be made as appear to the member to be necessary: b: direct that any admissions which have been made by any party and which do not appear in the pleadings, be recorded in such a manner as the member thinks fit: c: define the issues to be tried: d: direct that any issue, whether of fact or of law or of both, be tried before any other issue: e: fix the dates by which the respective parties shall deliver to the court f: direct the order in which the parties shall present their respective cases: g: direct the order in which a party may cross-examine witnesses called on behalf of any other party: h: limit the number of addresses and cross-examinations of witnesses by parties having the same interest: i: direct that the evidence, or the evidence of any particular witness or witnesses, shall be given orally in open hearing, or by affidavit, or by pre-recorded statement or report duly sworn by the witness before or at the hearing, or partly by one and partly by another or other of such modes of testifying; except that in every case any opposite party shall (if that party so requires) have the opportunity of cross-examining any witness: j: determine any question of admissibility of any evidence proposed to be tendered at the hearing by any party: k: require further or better particulars of any matters connected with the proceedings: l: adjourn the conference to allow for consultations among the parties: m: give such further or other directions as he or she considers necessary. 4: The member of the court a: shall ensure that the parties are given an opportunity to make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them; and b: with a view to such special order (if any) as to costs as may be just being made at the hearing, may cause a record to be made, in such form as the member may direct, of any refusal to make any admission or agreement. Section 267(1) replaced 19 April 2017 section 101 Resource Legislation Amendment Act 2017 Section 267(1A) inserted 19 April 2017 section 101 Resource Legislation Amendment Act 2017 Section 267(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 267(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 267(3)(e) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 267(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 268: Alternative dispute resolution 1: At any time after proceedings are lodged, the Environment Court may, for the purpose of facilitating the resolution of any matter, ask a member of the Environment Court or another person to conduct an ADR process before or at any time during the course of a hearing. 2: The Environment Court may act under this section on its own motion or on request. 3: A member of the Environment Court who conducts an ADR process is not disqualified from resuming his or her role to decide a matter if— a: the parties agree that the member should resume his or her role and decide the matter; and b: the member concerned and the court are satisfied that it is appropriate for him or her to do so. 4: In this section and section 268A ADR process Section 268 replaced 19 April 2017 section 102 Resource Legislation Amendment Act 2017 268A: Mandatory participation in alternative dispute resolution processes 1: This section applies to an ADR process conducted under section 268 2: Each party to the proceedings must participate in the ADR process in person or by a representative, unless leave is granted under this section. 3: Each person required to participate in an ADR process must— a: be present in person; or b: have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process. 4: A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process. 5: The Environment Court may grant leave if it considers that it is not appropriate for the party to participate in the ADR process. Section 268A inserted 19 April 2017 section 102 Resource Legislation Amendment Act 2017 Procedure and powers 269: Court 1: Except as expressly provided in this Act, the Environment Court 1A: However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution. 2: Environment Court 3: The Environment Court 4: The Environment Court section 267 Section 269 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 269(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 269(1A) inserted 4 September 2013 section 44 Resource Management Amendment Act 2013 Section 269(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 269(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 269(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 270: Hearing matters together 1: The Environment Court court's 2: Subsection (1) applies whenever the Environment Court Section 270(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 270(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 271: Local hearings The Environment Court court Section 271 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 271A: Submitter may be party to proceedings Section 271A repealed 1 August 2003 section 75 Resource Management Amendment Act 2003 272: Hearing of proceedings 1: The Environment Court 2: The time and place of hearing of proceedings before the court 3: The Registrar shall give not less than 15 working days notice of the time and place fixed for a hearing to every party to the proceedings concerned, except that an Environment Judge 4: If a person who has initiated proceedings before the court court court Section 272(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 272(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 272(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 272(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 273: Successors to parties to proceedings 1: Proceedings brought before the Environment Court 2: Every party appearing in proceedings before the Environment Court Section 273(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 273(1) amended 2 September 1996 section 12 Resource Management Amendment Act 1996 Section 273(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 273(2) amended 2 September 1996 section 12 Resource Management Amendment Act 1996 274: Representation at proceedings 1: The following persons may be a party to any proceedings before the Environment Court: a: the Minister: b: a local authority: c: the Attorney-General representing a relevant aspect of the public interest: d: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person's right to be a party is limited by section 308C section 308A da: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person’s right to be a party is limited by section 308CA section 308A e: a person who made a submission to which the following apply: i: it was made about the subject matter of the proceedings; and ii: section 308B(2) clauses 6(4) 29(1B) f: a person who made a submission to which the following apply: i: it was made about the subject matter of the proceedings; and ii: section 308B(2) clauses 6(4) 29(1B) iii: it was made in compliance with whichever of section 308B(2) clauses 6(4) 29(1B) 2: A person described in subsection (1) may become a party to the proceedings by giving notice a: the period for lodging a notice of appeal ends, if the proceedings are an appeal: b: the decision to hold an inquiry, if the proceedings are an inquiry: c: the proceedings are commenced, in any other case. 2A: A notice given under subsection (2) must be given to— a: the Environment Court; and b: the relevant local authority; and c: the appellant, in the case of an appeal, or the person who commenced proceedings, in any other case. 2B: The person giving notice under subsection (2) must, no later than 5 working days after the deadline for giving that notice, give the same notice to all other parties. 3: The notice given under subsection (2) must state— a: the proceedings in which the person has an interest; and b: whether the person supports or opposes the proceedings c: if applicable, the grounds for seeking representation under subsection (1)(c) or (d); and d: an address for service. 4: A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsections (4A) and, if relevant, (4B). 4A: Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal, inquiry, or other proceeding. 4B: However, in the case of a person described in subsection (1)(e) or (f), evidence may be called only a: within the scope of the appeal, inquiry, or other proceeding; and b: on matters arising out of that person's submissions in the previous related proceedings or on any matter on which that person could have appealed. 5: A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter. 6: For the purposes of determining whether a person has an interest in proceedings greater than the interest that the general public has Schedule 11 7: Subsections (2) to (2B) are subject to section 281 Section 274 replaced 1 August 2003 section 76 Resource Management Amendment Act 2003 Section 274(1) replaced 1 October 2009 section 128(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(1)(da) inserted 4 September 2013 section 45(1) Resource Management Amendment Act 2013 Section 274(2) replaced 1 October 2009 section 128(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(2) amended 4 September 2013 section 45(2) Resource Management Amendment Act 2013 Section 274(2A) inserted 4 September 2013 section 45(3) Resource Management Amendment Act 2013 Section 274(2B) inserted 4 September 2013 section 45(3) Resource Management Amendment Act 2013 Section 274(3)(b) amended 1 October 2009 section 128(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(4) replaced 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4A) inserted 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4B) inserted 10 August 2005 section 99 Resource Management Amendment Act 2005 Section 274(4B) amended 1 October 2009 section 128(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(6) amended 1 October 2009 section 128(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 274(7) replaced 4 September 2013 section 45(4) Resource Management Amendment Act 2013 275: Personal appearance or by representative A person who has a right to appear or is allowed to appear before the Environment Court Section 275 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 276: Evidence 1: The Environment Court a: receive anything in evidence that it considers appropriate to receive; and b: call for anything to be provided in evidence which it considers will assist it to make a decision or recommendation; and c: call before it a person to give evidence who, in its opinion, will assist it in making a decision or recommendation. 1A: The court may, whether or not the parties consent,— a: accept evidence that was presented at a hearing held by the consent authority under section 39 b: direct how evidence is to be given to the court. 2: The Environment Court 3: The Environment Court Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 4: This section applies subject to section 277A Section 276(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 276(1A) inserted 10 August 2005 section 100 Resource Management Amendment Act 2005 Section 276(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 276(3) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 276(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 276(4) inserted 19 April 2017 section 103 Resource Legislation Amendment Act 2017 276A: Evidence of documents A copy of, or extract from, a policy statement or plan, certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority, is admissible in evidence in legal proceedings to the same extent as the original document. Section 276A inserted 1 August 2003 section 77 Resource Management Amendment Act 2003 277: Hearings and evidence generally to be public 1: All hearings of the Environment Court 2: The Environment Court a: order that any evidence be heard in private: b: prohibit or restrict the publication of any evidence— if it considers that the reasons for doing so outweigh the public interest in a public hearing and publication of evidence. Section 277(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 277(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 277A: Powers of Environment Court in relation to evidence heard on appeal by way of rehearing Section 277A repealed 30 November 2022 section 110 Statutes Amendment Act 2022 278: Environment Court has powers of 1: The Environment Court and Environment Judges have the same powers that the District Court , including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by subpart 4 1A: Despite rule 9.31 2: An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge 3: If the Registrar is directed to do so by an Environment Judge, the Registrar may act on behalf of the Environment Court or an Environment Judge in doing any act preliminary or incidental to any proceedings, including— a: the issuing of summonses requiring the attendance of witnesses; and b: the making of an order for the production of documents; and c: the convening of a conference under section 267 4: An order made by the Registrar under subsection (3) or an application granted under section 281 5: The Registrar may take a statutory declaration or an affidavit. Section 278 heading amended 1 March 2017 section 261 District Court Act 2016 Section 278 heading amended 2 September 1996 section 14 Resource Management Amendment Act 1996 Section 278(1) replaced 2 September 1996 section 14 Resource Management Amendment Act 1996 Section 278(1) amended 1 March 2017 section 261 District Court Act 2016 Section 278(1) amended 10 August 2005 section 101(1) Resource Management Amendment Act 2005 Section 278(1A) inserted 10 August 2005 section 101(2) Resource Management Amendment Act 2005 Section 278(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 278(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 278(3) replaced 10 August 2005 section 101(3) Resource Management Amendment Act 2005 Section 278(4) inserted 10 August 2005 section 101(3) Resource Management Amendment Act 2005 Section 278(5) inserted 10 August 2005 section 101(3) Resource Management Amendment Act 2005 279: Powers of Environment Judge 1: An Environment Judge a: an order in the course of proceedings: b: an order that is not opposed: c: an order in respect of a matter which the parties to the proceedings agree should be heard and decided by an Environment Judge d: an order giving directions as to service of anything: e: an order in any proceedings when the matter at issue is substantially a question of law only: f: an order made on the application of a party to proceedings directing that any proceedings should be heard and decided by an Environment Judge fa: an order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by 1 Environment Judge Environment Commissioner g: an order as to costs: h: an order made on an application for a rehearing: i: an order on any appeal against any requirement to pay an administrative charge: j: a declaration relating to any inconsistency between a plan and a policy statement: k: an order directing that any determination under section 91 2: An Environment Judge a: exercise any powers conferred by the Chief Environment Court Judge Environment Commissioner section 280 b: waive a requirement or give a direction under section 281 3: An Environment Judge section 42 Environment Judge a: on an application made under section 42(4) b: on an application made under section 42(5) section 42(2) section 42 c: on an application made at any stage of proceedings before the Environment Court section 42(2) section 42 or may decline to make any such order. 4: An Environment Judge a: that it is frivolous or vexatious; or b: that it discloses no reasonable or relevant case in respect of the proceedings; or c: that it would otherwise be an abuse of the process of the Environment Court 5: In the case of an appeal under section 120 a: exercise any other powers of the Environment Court that may be conferred by the Chief Environment Court Judge b: exercise those powers on any terms and conditions that the Chief Environment Court Judge Section 279 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279 heading amended 7 July 1993 section 134 Resource Management Amendment Act 1993 Section 279(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(1)(c) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(1)(f) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(1)(fa) inserted 7 July 1993 section 134 Resource Management Amendment Act 1993 Section 279(1)(fa) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(1)(fa) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 279(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(2)(a) amended 1 July 2020 section 78 Resource Management Amendment Act 2020 Section 279(2)(a) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 279(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(3)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 279(4) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 279(4)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 279(5) inserted 19 April 2017 section 105 Resource Legislation Amendment Act 2017 Section 279(5)(a) amended 1 July 2020 section 78 Resource Management Amendment Act 2020 Section 279(5)(b) amended 1 July 2020 section 78 Resource Management Amendment Act 2020 280: Powers of Environment Commissioner Environment Judge 1: An Environment Commissioner or Environment Commissioners sitting without an Environment Judge may exercise such powers as may be conferred by the Chief Environment Court Judge Chief Environment Court Judge a: issue summonses requiring the attendance of witnesses; and b: convene a conference under section 267 1AA: If proceedings relate to an appeal under section 120 a: in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) section 267 b: exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit. 1A: 1B: An Environment Commissioner may take a declaration or an affidavit. 2: Any party may, within 15 working days of the exercise of any power under this section, apply in writing to an Environment Judge Environment Court 3: If leave is granted by an Environment Judge Environment Court 4: The Environment Court Environment Commissioner's Section 280 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 280 heading amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 280(1) replaced 10 August 2005 section 102 Resource Management Amendment Act 2005 Section 280(1) amended 1 July 2020 section 79 Resource Management Amendment Act 2020 Section 280(1AA) inserted 19 April 2017 section 106(1) Resource Legislation Amendment Act 2017 Section 280(1A) repealed 19 April 2017 section 106(2) Resource Legislation Amendment Act 2017 Section 280(1B) inserted 10 August 2005 section 102 Resource Management Amendment Act 2005 Section 280(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 280(2) amended 2 September 1996 section 15(3) Resource Management Amendment Act 1996 Section 280(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 280(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 280(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 280(4) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 281: Waivers and directions 1: A person may apply to the Environment Court a: waive a requirement of this Act or another Act or a regulation about— i: the time within which anything shall be served; or ii: the time within which an appeal or submission to the Environment Court must be lodged; or iia: the time within which a person must give notice under section 274 iii: the method of service; or iv: the documents that shall be served; or v: the persons on whom anything shall be served; or vi: the information, or the accuracy of information, that shall be supplied; or b: give a direction about— i: the time within which or the method by which anything is to be served; or ii: what shall be served, whether or not the direction complies with this Act or any other Act or a regulation; or iii: the terms, including terms as to adjournment, costs, or other things, on which any information shall be supplied. 2: The Environment Court 3: Without limiting subsection (2), the Environment Court court a: the appellant or applicant and the respondent consent to that waiver; or b: any of those parties who have not so consented will not be unduly prejudiced. 4: Without limiting subsections (2) and (3), the Environment Court 5: A Registrar may exercise a power in this section if conferred by the Chief Environment Court Judge Chief Environment Court Judge Section 281(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 281(1)(a)(ii) replaced 1 August 2003 section 79 Resource Management Amendment Act 2003 Section 281(1)(a)(iia) inserted 1 August 2003 section 79 Resource Management Amendment Act 2003 Section 281(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 281(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 281(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 281(5) inserted 10 August 2005 section 103 Resource Management Amendment Act 2005 Section 281(5) amended 1 July 2020 section 80 Resource Management Amendment Act 2020 281A: Registrar may waive, reduce, or postpone payment of fee 1: A person may apply to the Registrar for a waiver, reduction, or postponement of the payment to the court of any fee prescribed by regulations made under this Act. 2: The application must be made in the prescribed form (if any). 3: The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any prescribed criteria, that— a: the person responsible for paying the fee is unable to pay the fee in whole or in part; or b: in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised. Section 281A replaced 19 April 2017 section 107 Resource Legislation Amendment Act 2017 281B: Review of exercise of power by Registrar 1: A person directly affected by the exercise of a power by a Registrar may apply to an Environment Judge to reconsider the matter. 2: The application must be by notice to the Registrar and other persons affected, within 10 3: The Environment Judge may confirm, modify, or reverse the decision of the Registrar. Section 281B inserted 10 August 2005 section 104 Resource Management Amendment Act 2005 Section 281B(2) amended 4 September 2013 section 46 Resource Management Amendment Act 2013 282: Application of Contempt of Court Act 2019 1: Subparts 2 4 sections 25 26(1) and (2) 2: Those provisions apply to proceedings of the Environment Court as if— a: references to a court include the Environment Court; and b: references to a Judge include an Environment Judge and an Alternate Environment Judge; and c: references to a judicial officer include an Environment Commissioner and a Deputy Environment Commissioner; and d: references to an officer of the court include an officer of the Environment Court. Section 282 replaced 26 August 2020 section 29 Contempt of Court Act 2019 283: Non-attendance or refusal to co-operate 1: Except as provided in subsection (2), no person shall, without reasonable cause— a: fail to appear in accordance with a summons issued by an Environment Judge Environment Commissioner b: refuse to be sworn or give evidence at proceedings before the court c: refuse to answer any questions put by a member of the court court 2: A person need not comply with subsection (1) if he or she was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016 a: at the time the summons was served; or b: at some reasonable time before the hearing. Section 283(1)(a) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 283(1)(a) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 Section 283(1)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 283(1)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 283(2) amended 1 March 2017 section 261 District Court Act 2016 284: Witnesses' allowances 1: A witness attending the Environment Court 2: Payment of expenses shall be made in accordance with the scale of allowances for witnesses in civil cases under the District Court Act 2016 3: When a witness is called or evidence is obtained by the court court a: form part of the costs of the proceedings; or b: be paid from money appropriated by Parliament for the purpose. Section 284(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 284(2) amended 1 March 2017 section 261 District Court Act 2016 Section 284(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 284A: Security for costs Section 284A repealed 1 October 2009 section 129 Resource Management (Simplifying and Streamlining) Amendment Act 2009 285: Awarding costs 1: The Environment Court may order any party to proceedings before it to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable. 2: Subsection (1) does not apply if the Environment Court makes an order under section 308H(2) 3: The Environment Court may order any party to proceedings before it to pay to the Crown all or any part of the court's costs and expenses. 4: Subsection (3) does not apply if the Environment Court makes an order under section 308H(3) 5: In proceedings under section 87G 149T 198E 198K a: when deciding whether to make an order under subsection (1) or (3),— i: apply a presumption that costs under subsections (1) and (3) are not to be ordered against a person who is a party under section 274(1) ii: apply a presumption that costs under subsection (3) are to be ordered against the applicant; and b: when deciding on the amount of any order it decides to make, have regard to the fact that the proceedings are at first instance. 6: The Environment Court may order a party who fails to proceed with a hearing at the time the court arranges, or who fails to give adequate notice of the abandonment of the proceedings, to pay to any other party or to the Crown any of the costs and expenses incurred by the other party or the Crown. 7: The Environment Court may order an applicant to pay the costs and expenses that a consent authority or a territorial authority incurred in assisting the court in relation to a report provided by the authority under section 87F 165ZFE(6) 198D 198J 8: In deciding whether to make an order under subsection (7), the court must apply a presumption that such costs are to be ordered against the applicant. Section 285 replaced 1 October 2009 section 130 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 285(7) inserted 4 September 2013 section 47 Resource Management Amendment Act 2013 Section 285(8) inserted 4 September 2013 section 47 Resource Management Amendment Act 2013 286: Enforcing orders for costs An order for costs made by the Environment Court at the office of the court named in the order Section 286 amended 1 March 2017 section 261 District Court Act 2016 Section 286 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 287: Reference of questions of law to High Court 1: The Environment Court question 2: The case shall be settled and signed by an Environment Judge at the appropriate registry of the High Court 3: The settling and signing of the case by an Environment Judge court 4: The Environment Court at the appropriate registry of the High Court 5: For the purposes of this section, the appropriate registry of the High Court Section 287(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 287(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 287(2) amended 10 August 2005 section 105(1) Resource Management Amendment Act 2005 Section 287(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 287(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 287(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 287(4) amended 10 August 2005 section 105(2) Resource Management Amendment Act 2005 Section 287(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 287(5) replaced 10 August 2005 section 105(3) Resource Management Amendment Act 2005 288: Privileges and immunities Witnesses and counsel appearing before the Environment Court the District Court Section 288 amended 1 March 2017 section 261 District Court Act 2016 Section 288 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 288A: Information regarding reserved judgments The Chief Environment Court Judge a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and c: publish information about reserved judgments that he or she considers is useful. Section 288A inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Section 288A amended 1 July 2020 section 81 Resource Management Amendment Act 2020 288B: Recusal guidelines The Chief Environment Court Judge Section 288B inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Section 288B amended 1 July 2020 section 82 Resource Management Amendment Act 2020 288C: Judge may make order restricting commencement or continuation of proceeding 1: A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Environment Court. 2: The order may have— a: a limited effect (a limited order b: an extended effect (an extended order 3: A limited order restrains a party from continuing or commencing civil proceedings on a particular matter in the Environment Court. 4: An extended order restrains a party from continuing or commencing civil proceedings on a particular or related matter in the Environment Court. 5: Nothing in this section limits the court’s inherent power to control its own proceedings. Section 288C inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 288D: Grounds for making section 288C order 1: A Judge may make a limited order under section 288C 2: A Judge may make an extended order under section 288C 3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations. 4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons. 5: For the purpose of this section and sections 288E 288F Section 288D inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 288E: Terms of section 288C order 1: An order made under section 288C 2: An order made under section 288C Section 288E inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 288F: Procedure and appeals relating to section 288C orders 1: A party to any proceeding may apply for a limited order or an extended order. 2: A Judge may make an order under section 288C section 288C order 3: An application for leave to continue or commence a civil proceeding by a party subject to a section 288C 4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice. 5: A Judge’s determination of an application for leave is final. 6: A section 288C 7: The party against whom a section 288C 8: The appellant in an appeal under subsection (7) or the applicant for the section 288C 9: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be. Section 288F inserted 1 March 2017 section 8 Resource Management Amendment Act 2016 Appeals, inquiries, and other proceedings before Environment Court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 289: Reply to appeal or request for inquiry Section 289 repealed 1 October 2009 section 131 Resource Management (Simplifying and Streamlining) Amendment Act 2009 290: Powers of court 1: The Environment Court 2: The Environment Court 3: The Environment Court 4: Nothing in this section affects any specific power or duty the Environment Court Section 290 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 290(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 290(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 290(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 290(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 290AA: Powers of court in regard to certain appeals under clause 14 of Schedule 1 The Environment Court, when hearing an appeal under clause 14(1) section 55(2B) Section 290AA inserted 1 October 2009 section 132 Resource Management (Simplifying and Streamlining) Amendment Act 2009 290A: Environment Court to have regard to decision that is subject of appeal or inquiry In determining an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry. Section 290A inserted 10 August 2005 section 106 Resource Management Amendment Act 2005 291: Other proceedings before court 1: Except as otherwise provided in this Act, or any other Act, or regulation, every originating application to the Environment Court 2: The applicant shall as soon as reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit upon such persons, if any, as are parties to the application and advise the Registrar accordingly. 3: An Environment Judge 4: Every person upon whom a notice of motion has been served shall, if he or she desires to be heard on the application, within 15 working days after the date of service upon him or her, give written notice in the prescribed form to the Registrar and the applicant of his or her desire to be heard and of the matters he or she wishes to advance. Section 291 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 291(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 291(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Court's Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 292: Remedying defects in plans 1: The Environment Court a: remedying any mistake, defect, or uncertainty; or b: giving full effect to the plan. 2: The local authority to whom a direction is made under subsection (1) shall comply with the direction without using the process in Schedule 1 Section 292(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 292(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 293: Environment Court may order change to proposed 1: After hearing an appeal against, or an inquiry into, the provisions of any proposed policy statement or plan a: prepare changes to the proposed policy statement or plan b: consult the parties and other persons that the court directs about the changes: c: submit the changes to the court for confirmation. 2: The court— a: must state its reasons for giving a direction under subsection (1); and b: may give directions under subsection (1) relating to a matter that it directs to be addressed. 3: Subsection (4) applies if the Environment Court finds that a proposed policy statement or plan a: a national policy statement: b: a ba: a national planning standard: c: a relevant regional policy statement: d: a relevant regional plan: e: a water conservation order. 4: The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the proposed policy statement or plan 5: In subsections (3) and (4), departs departure proposed policy statement or plan a: does not give effect to a national policy statement, a New Zealand coastal policy statement, a national planning standard, b: is inconsistent with a relevant regional plan or water conservation order. Section 293 replaced 10 August 2005 section 107 Resource Management Amendment Act 2005 Section 293 heading amended 1 October 2009 section 133(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(1) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(1)(a) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(3) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(3)(b) amended 19 April 2017 section 108(1) Resource Legislation Amendment Act 2017 Section 293(3)(ba) inserted 19 April 2017 section 108(2) Resource Legislation Amendment Act 2017 Section 293(4) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(5) amended 1 October 2009 section 133(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 293(5)(a) amended 19 April 2017 section 108(3) Resource Legislation Amendment Act 2017 293A: Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011 1: This section applies to a determination made by the Environment Court on— a: an appeal relating to— i: a submission made in reliance on section 85B(1)(a) ii: a request made in reliance on section 85B(1)(b) b: an application made under section 85B(1)(c) 2: The Environment Court must— a: determine the matters referred to in subsection (1) in accordance with clause 15 b: consider the matters set out in section 85B(2) 3: An application made under section 85B(1)(c) a: made in accordance with section 291 b: without limiting the discretion as to service under section 291 Section 293A inserted 17 January 2005 section 29 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 293A heading replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 294: Review of decision by court 1: Where, after any decision has been given by the Environment Court court 2: Any party may apply to the court court 3: The decision of the court court Section 294 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 294(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 294(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 294(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Decisions of Environment Court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 295: Environment Court A decision of the Environment Court section 294 section 299 Section 295 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 295 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 296: No review of decisions unless right of appeal or reference to inquiry exercised If there is a right to refer any matter for inquiry to the Environment Court court a: no application for review under the Judicial Review Procedure Act 2016 b: no proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, may be heard by the High Court— unless the right has been exercised by the applicant in the proceedings and the court Section 296 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 296(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 297: Decisions of court Every decision, determination, or order of the Environment Court court court court Section 297 heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 297 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 298: Documents judicially noticed The Environment Court court Section 298 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Appeals from Environment Court Heading amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 299: Appeal to High Court on question of law 1: A party to a proceeding before the Environment Court under this Act or any other enactment may appeal on a question 2: The appeal must be made in accordance with the High Court Rules 2016 sections 300 to 307 Section 299 replaced 1 January 2004 section 48(1) Supreme Court Act 2003 Section 299(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 299(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 300: Notice of appeal 1: An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Environment Court 2: The appeal shall be filed with the Registrar of the High Court 3: Within the time specified in subsection (1) the appellant shall serve a copy of the notice on the authority whose decision was the subject of the Environment Court 4: Before or within 5 working days after the appeal is filed the appellant shall serve a copy of the notice on— a: every other party to the proceedings or any person who appeared before the Environment Court b: the Registrar of the Environment Court 5: The notice of appeal shall specify— a: the decision or report and recommendation, or part of the decision or report and recommendation, appealed against; and b: the error of law alleged by the appellant; and c: the question of law to be resolved; and d: the grounds of appeal with sufficient particularity for the court and other parties to understand them ; and e: the relief sought. 6: The Registrar of the Environment Court Section 300(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 300(2) amended 10 August 2005 section 109(1) Resource Management Amendment Act 2005 Section 300(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 300(4)(a) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 300(4)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 300(5)(d) amended 2 September 1996 section 17(a) Resource Management Amendment Act 1996 Section 300(5)(e) inserted 2 September 1996 section 17(b) Resource Management Amendment Act 1996 Section 300(6) amended 10 August 2005 section 109(2) Resource Management Amendment Act 2005 Section 300(6) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 301: Right to appear and be heard on appeal 1: A party to any proceedings or any person who appeared before the Environment Court a: the appellant; and b: the Registrar of the High Court c: the Registrar of the court d: when the decision or report and recommendation was made by the court 2: The notice to appear under subsection (1) shall be served within 10 working days after the party was served with the notice of appeal. Section 301(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 301(1)(b) amended 10 August 2005 section 110 Resource Management Amendment Act 2005 Section 301(1)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 301(1)(d) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 302: Parties to the appeal before the High Court 1: The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under section 301 2: The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with— a: every document which is filed or lodged with the Registrar of the High Court b: notice of the date set down for hearing the appeal. Section 302(2)(a) amended 10 August 2005 section 111 Resource Management Amendment Act 2005 303: Orders of the High Court 1: The High Court may, on application to it or on its own motion, make an order directing the Environment Court a: anything in the possession of the court b: a report recording, in respect of any matter or issue the High Court court c: a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may specify, any reasons or considerations to which the court 2: An application under subsection (1) shall be made— a: in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or b: in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal. 3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a question Section 303(1) amended 10 August 2005 section 112 Resource Management Amendment Act 2005 Section 303(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 303(1)(a) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 303(1)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 303(1)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 303(1)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 303(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 304: Dismissal of appeal The High Court may dismiss an appeal if— a: the appellant does not appear at the hearing of the appeal; or b: the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal. 305: Additional appeals on questions 1: When a party to an appeal other than the appellant wishes to contend that the decision or report and recommendation of the Environment Court questions 2: The notice under subsection (1) shall be lodged within 20 working days of the date on which the respondent is served with a copy of the notice of appeal. 3: Sections 299 300(3) and (4) 303 304 Section 305 heading amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 305(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 305(1) amended 10 August 2005 section 113 Resource Management Amendment Act 2005 Section 305(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 306: Extension of time On the application of a party to an appeal, the High Court may extend any period of time stated in sections 299 to 301 303 305 307: Date of hearing When a party to an appeal notifies the Registrar of the High Court a: that the notice of appeal has been served on all parties to the proceedings; and b: either— i: that no application has been lodged under section 303 ii: that any application lodged under section 303 the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable. Section 307 amended 10 August 2005 section 114 Resource Management Amendment Act 2005 308: Appeals to the Court of Appeal 1: Subpart 8 section 299 section 300 2: Subsection (1) does not apply to appeals against a determination of the High Court under section 299 section 149U section 149V(3) to (7) Section 308(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 308(2) inserted 1 October 2009 section 134 Resource Management (Simplifying and Streamlining) Amendment Act 2009 11A: Act not to be used to oppose trade competitors Part 11A inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 308A: Identification of trade competitors and surrogates In this Part,— a: person A b: person B c: person C i: to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B: ii: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)(a)(ii) 198E 198K Section 308A inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308A(c) replaced 4 September 2013 section 48 Resource Management Amendment Act 2013 308B: Limit on making submissions 1: Subsection (2) applies when person A wants to make a submission under section 96 2: Person A may make the submission only if directly affected by an effect of the activity to which the application relates, that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. 3: Failure to comply with the limits on submissions set in section 149E 149O Schedule 1 Section 308B inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308B(3) amended 19 April 2017 section 109 Resource Legislation Amendment Act 2017 308C: Limit on representation at appeals 1: This section applies when person A wants to be a party under section 274 2: Person A may be a party to the appeal only if directly affected by an effect of the subject matter of the appeal that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. Section 308C inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 308CA: Limit on representation at proceedings as party under section 274 1: This section applies when person A wants to be a party under section 274 section 87G 149T 165ZFE(9)(a)(ii) 198E 198K 2: Person A may be a party to the proceeding only if directly affected by an effect of the subject matter of the proceeding that— a: adversely affects the environment; and b: does not relate to trade competition or the effects of trade competition. Section 308CA inserted 4 September 2013 section 49 Resource Management Amendment Act 2013 308D: Limit on appealing under this Act Person A must not bring an appeal, or be a party to an appeal, under this Act , or become a party to a proceeding under section 87G 149T 165ZFE(9)(a)(ii) 198E 198K a: protecting person A from trade competition: b: preventing person B from engaging in trade competition: c: deterring person B from engaging in trade competition. Section 308D inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308D amended 4 September 2013 section 50 Resource Management Amendment Act 2013 308E: Prohibition on using surrogate Person A must not, for any of the purposes in section 308D a: to bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B: b: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)(a)(ii) 198E 198K Section 308E replaced 4 September 2013 section 51 Resource Management Amendment Act 2013 308F: Surrogate must disclose status Person C must tell the court if person C— a: appears before the court— i: as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B: ii: as a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)(a)(ii) 198E 198K b: has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A to bring the appeal or be a party to the appeal , or to be a party to the proceeding, section 308D Section 308F inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308F(a) replaced 4 September 2013 section 52(1) Resource Management Amendment Act 2013 Section 308F(b) amended 4 September 2013 section 52(2) Resource Management Amendment Act 2013 308G: Declaration that Part contravened 1: Proceedings may be brought in the Environment Court for a declaration that person A or person C— a: contravened any of the provisions in this Part: b: aided, abetted, counselled, induced, or procured the contravention of any of the provisions in this Part: c: conspired with any other person in the contravention of any of the provisions in this Part: d: was in any other way knowingly concerned in the contravention of any of the provisions in this Part. 2: The proceedings may be brought by any person (other than person A or person C) who was— a: a party to an appeal against a decision under this Act in favour of person B; or b: a party to a proceeding before the Environment Court that was lodged by person B under section 87G 149T 165ZFE(9)(a)(ii) 198E 198K 3: The proceedings must not be commenced until the appeal or proceedings referred to in subsection (2) are determined. 4: The proceedings must be commenced within 6 years after the contravention. 5: The Environment Court may make the declaration. Section 308G inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308G(2) replaced 4 September 2013 section 53 Resource Management Amendment Act 2013 Section 308G(3) replaced 4 September 2013 section 53 Resource Management Amendment Act 2013 308H: Costs orders if declaration made 1: This section applies if the Environment Court makes a declaration under section 308G 2: The Environment Court must make an order that the party against whom it makes the declaration pay to any other party an amount for costs and expenses that the court must calculate by— a: totalling all the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened the provision in this Part; and b: deducting from the total any amount for costs and expenses (including witness expenses) that the party against whom the declaration is made has paid to the other party in previous proceedings on the same matter. 3: The Environment Court must make an order that the party against whom it makes the declaration pay to the Crown an amount for costs and expenses that the court must calculate by— a: totalling all the costs and expenses incurred by the court because the party against whom the declaration is made contravened the provision in this Part; and b: deducting from the total any amount for costs and expenses that the party against whom the declaration is made has paid to the Crown in previous proceedings on the same matter. 4: The court may decline to make an order under subsection (2) or (3) only if the court considers that the order should not be made because the circumstances are exceptional. If the court declines to make an order under subsection (2) or (3), it may make an order under section 285(1) or (3) 5: If the court makes a declaration against person C, it must also make an order that person A not directly or indirectly reimburse person C for the costs and expenses that the court has ordered person C to pay. Section 308H inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 308I: Proceedings for damages in High Court 1: A person who obtains a declaration under section 308G 2: The proceedings must be brought in accordance with the High Court Rules 2016 3: The proceedings must be commenced within 6 years after the declaration is made. 4: The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration. Section 308I inserted 1 October 2009 section 135 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 308I(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 12: Declarations, enforcement, and ancillary powers 309: Proceedings to be heard by an Environment Judge 1: All proceedings under sections 310 to 319 321 to 325 Environment Judge Environment Court 2: Proceedings under section 320 Environment Judge a: in the District Court; and b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge 3: All proceedings under section 338 a: in the District Court; and b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge 4: This Part does not apply to a protected customary right 5: However, sections 310 to 313 sections 330 to 331 protected customary right Section 309 heading amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 309(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 309(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 309(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 309(2)(b) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 309(3)(b) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 309(4) inserted 17 January 2005 section 30 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 309(4) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 309(5) inserted 17 January 2005 section 30 Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 309(5) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Declarations 310: Scope and effect of declaration A declaration may declare— a: the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)— i: any duty under this Act to prepare and have particular regard to an evaluation report or to undertake and have particular regard to a further evaluation or imposed by section 32 32AA ii: any duty imposed by section 55 ; or b: whether, contrary to section 62(3) i: does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement or a national planning standard ii: is, or is likely to be, inconsistent with a water conservation order; or ba: whether a provision or proposed provision of a regional plan,— i: contrary to section 67(3) or a relevant provision or proposed provision of a national planning standard ii: contrary to section 67(4) section 186E bb: whether a provision or proposed provision of a district plan,— i: contrary to section 75(3) or a relevant provision or proposed provision of a national planning standard ii: contrary to section 75(4) section 30(1) c: whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act , regulations made under this Act, d: whether or not an act or omission, or a proposed act or omission, is a permitted activity, controlled activity, discretionary activity, non-complying activity, or prohibited activity, or breaches section 10 section 20A e: the point at which the landward boundary of the coastal marine area crosses any river ; or f: whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 184A g: the matters provided for in section 379 ; or h: any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 95 to 95G Section 310(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 310(a)(i) amended 3 December 2013 section 81 Resource Management Amendment Act 2013 Section 310(b) replaced 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(b)(i) amended 19 April 2017 section 110(1) Resource Legislation Amendment Act 2017 Section 310(ba) inserted 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(ba)(i) amended 19 April 2017 section 110(2) Resource Legislation Amendment Act 2017 Section 310(bb) inserted 10 August 2005 section 115(1) Resource Management Amendment Act 2005 Section 310(bb)(i) amended 19 April 2017 section 110(3) Resource Legislation Amendment Act 2017 Section 310(c) amended 1 August 2003 section 82(2) Resource Management Amendment Act 2003 Section 310(d) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 310(e) amended 7 July 1993 section 138(1) Resource Management Amendment Act 1993 Section 310(f) inserted 7 July 1993 section 138(2) Resource Management Amendment Act 1993 Section 310(g) inserted 7 July 1993 section 138(2) Resource Management Amendment Act 1993 Section 310(g) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 310(h) inserted 1 August 2003 section 82(3) Resource Management Amendment Act 2003 Section 310(h) amended 4 September 2013 section 54 Resource Management Amendment Act 2013 311: Application for declaration 1: Subject to subsections (2) and (3), any person may at any time apply to the Environment Court 2: No person (other than the consent authority , the EPA, Environment Court 3: No person (other than a local authority, consent authority, or the Minister of Conservation Environment Court section 310(e) Section 311(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 311(2) amended 1 July 2020 section 83 Resource Management Amendment Act 2020 Section 311(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 311(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 311(3) amended 7 July 1993 section 139 Resource Management Amendment Act 1993 312: Notification of application 1: The applicant for a declaration shall serve notice of the application in the prescribed form 2: Every notice required to be served under this section shall be served within 5 working days after the application is made to the court Section 312(1) amended 10 August 2005 section 116(1) Resource Management Amendment Act 2005 Section 312(1) amended 7 July 1993 section 140 Resource Management Amendment Act 1993 Section 312(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 313: Decision on application After hearing the applicant, and any person served with notice of the application , and any other person who has the right to be represented at proceedings under section 274 court a: make the declaration sought by an application under section 311 b: make any other declaration that it considers necessary or desirable; or c: decline to make a declaration. Section 313 amended 17 December 1997 section 50 Resource Management Amendment Act 1997 Section 313 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Enforcement orders 314: Scope of enforcement order 1: An enforcement order is an order made under section 319 Environment Court a: require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court i: contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, section 10 section 20A ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment: b: require a person to do something that, in the opinion of the court i: ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan, a rule in a proposed plan, ii: avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by or on behalf of that person: c: require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person: d: require a person to pay money to or reimburse any other person for any actual and on the environment, where the person against whom the order is sought i: an order under any other paragraph of this subsection; or ii: an abatement notice; or iii: a rule in a plan or a proposed plan iv: any of that person's other obligations under this Act: da: require a person to do something that, in the opinion of the court e: change or cancel a resource consent if, in the opinion of the court f: where the court Schedule 1 i: grant a dispensation from the need to comply with those requirements: ii: direct compliance with any of those requirements: iii: suspend the whole or any part of the policy statement or plan from a particular date (which may be on or after the date of the order, but no such suspension shall affect any court order made before the date of the suspension order). 2: For the purposes of subsection (1)(d), actual and reasonable costs 3: Except as provided in section 319(2) Environment Court section 36 4: Without limiting the provisions of subsections (1) to (3), an order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation). 5: An enforcement order shall, if the court Section 314(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(1)(a) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(1)(a)(i) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 314(1)(a)(i) amended 7 July 1993 section 141(1) Resource Management Amendment Act 1993 Section 314(1)(b) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(1)(b)(i) amended 7 July 1993 section 141(2) Resource Management Amendment Act 1993 Section 314(1)(d) amended 7 July 1993 section 141(3)(a) Resource Management Amendment Act 1993 Section 314(1)(d) amended 7 July 1993 section 141(3)(b) Resource Management Amendment Act 1993 Section 314(1)(d)(iii) amended 7 July 1993 section 141(3)(c) Resource Management Amendment Act 1993 Section 314(1)(da) inserted 7 July 1993 section 141(4) Resource Management Amendment Act 1993 Section 314(1)(da) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(1)(e) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(1)(f) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(2) replaced 7 July 1993 section 141(5) Resource Management Amendment Act 1993 Section 314(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 314(5) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 315: Compliance with enforcement order 1: Where an enforcement order is made against a person, and that enforcement order is served on that person, that person shall— a: comply with the order; and b: unless the order directs otherwise, pay all the costs and expenses of complying with the order. 2: If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court a: comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and b: sell or otherwise dispose of any structure or materials salvaged in complying with the order; and c: after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person. 3: Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 4: Failure to comply with an enforcement order is an offence under section 338 Section 315(1) replaced 7 July 1993 section 142 Resource Management Amendment Act 1993 Section 315(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 315(3) amended 12 November 2018 section 250 Land Transfer Act 2017 316: Application for enforcement order 1: Any person may at any time apply to the Environment Court paragraphs (a) to (d) of section 314(1) section 314(2) 2: An application may at any time be made in the prescribed form to the Environment Court by— a: a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 314(1)(da) b: a local authority or consent authority for an enforcement order of the kind specified in section 314(1)(e) 3: An application for an enforcement order under section 314(1)(f) a: by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or b: by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative. 4: Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 314(3) section 314(4) 5: No person (other than the consent authority , the EPA, Environment Court Section 316(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 316(2) replaced 1 July 2020 section 84(1) Resource Management Amendment Act 2020 Section 316(5) amended 1 July 2020 section 84(2) Resource Management Amendment Act 2020 Section 316(5) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 317: Notification of application 1: Except as provided in section 320 2: Every notice required to be served under this section shall be served within 5 working days after the application is made to the Environment Court Section 317(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 318: Right to be heard Except as provided in section 320 Environment Court a: hear the applicant; and b: hear any person against whom the order is sought who wishes to be heard , but only if that person notifies the Registrar that he or she wishes to be heard within 15 working days after the date on which he or she was notified of the application Section 318 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 318(b) amended 4 September 2013 section 55 Resource Management Amendment Act 2013 319: Decision on application 1: After considering an application for an enforcement order, the Environment Court a: except as provided in subsection (2), make any appropriate order under section 314 b: refuse the application. 2: Except as provided in subsection (3), the Environment Court must not make an enforcement order under section 314(1)(a)(ii), (b)(ii), (c), (d)(iv), or (da) a: that person is acting in accordance with— i: a rule in a plan; or ii: a resource consent; or iii: a designation; and b: the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be. 3: The Environment Court may make an enforcement order if— a: the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or b: the person was acting in accordance with a resource consent that has been changed or cancelled under section 314(1)(e) Section 319(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 319(2) replaced 1 August 2003 section 83 Resource Management Amendment Act 2003 Section 319(3) inserted 1 August 2003 section 83 Resource Management Amendment Act 2003 320: Interim enforcement order 1: Except as provided in this section, the provisions of sections 314 to 319 2: If an Environment Judge a: without requiring service of notice in accordance with section 317 b: without holding a hearing. 3: Before making an interim enforcement order, the Environment Judge a: what the effect of not making the order would be on the environment; and b: whether the applicant has given an appropriate undertaking as to damages; and c: whether the Judge should hear the applicant or any person against whom the interim order is sought; and d: such other matters as the Judge thinks fit. 4: The Judge shall direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order shall take effect from when it is served or such later date as the order directs. 5: A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge Environment Judge 6: An interim enforcement order stays in force until an application for an enforcement order under section 316 Environment Judge Environment Court section 321 Section 320 replaced 7 July 1993 section 145 Resource Management Amendment Act 1993 Section 320(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 320(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 320(5) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 320(6) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 320(6) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 321: Change or cancellation of enforcement order 1: Without limiting section 320(5) Environment Court 2: Sections 317 to 319 Section 321(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Abatement notices 322: Scope of abatement notice 1: An abatement notice may be served on any person by an enforcement officer— a: requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,— i: contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a resource consent; or ii: is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment: b: requiring that person to do something that, in the opinion of the enforcement officer, is necessary to ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan or a proposed plan, or a resource consent, and also necessary to avoid, remedy, or mitigate any actual or likely adverse effect on the environment— i: caused by or on behalf of the person; or ii: relating to any land of which the person is the owner or occupier: c: requiring that person, being— i: an occupier of any land; or ii: a person carrying out any activity in, on, under, or over a water body or the water within who is contravening section 16 2: Where any person is under a duty not to contravene a rule in a proposed plan under sections 9 12(3) 14(2) 15(2) a: to cease, or prohibit that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or b: to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan. 3: An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit. 4: An abatement notice shall not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or subsection (2) exist. Section 322(1)(b) replaced 7 July 1993 section 146(1) Resource Management Amendment Act 1993 Section 322(1)(c)(ii) amended 7 July 1993 section 146(2) Resource Management Amendment Act 1993 323: Compliance with abatement notice 1: Subject to the rights of appeal in section 325 a: comply with the notice within the period specified in the notice; and b: unless the notice directs otherwise, pay all the costs and expenses of complying with the notice. 2: If a person against whom an abatement notice is made under section 322(1)(c) a: take all such reasonable steps as he or she considers necessary to cause the noise to be reduced to a reasonable level; and b: when accompanied by a constable, seize and impound the noise source. 324: Form and content of abatement notice Every abatement notice shall be in the prescribed form and shall state— a: the name of the person to whom it is addressed; and b: the reasons for the notice; and c: the action required to be taken or ceased or not undertaken; and d: the period within which the action must be taken or cease, having regard to the circumstances giving rise to the abatement notice, being a reasonable period to take the action required or cease the action; but must not be less than 7 days after the date on which the notice is served if the abatement notice is within the scope of section 322(1)(a)(ii) e: the consequences of not complying with the notice or lodging a notice of appeal; and f: the rights of appeal under section 325 g: in the case of a notice under section 322(1)(c) an enforcement officer section 323(2) h: the name and address of the local authority or consent authority whose enforcement officer issued the notice or the address of the EPA, if the notice is issued by an enforcement officer appointed by the EPA Section 324(d) replaced 17 December 1997 section 51(1) Resource Management Amendment Act 1997 Section 324(f) amended 17 December 1997 section 51(2) Resource Management Amendment Act 1997 Section 324(g) amended 1 July 2020 section 85(1) Resource Management Amendment Act 2020 Section 324(h) amended 1 July 2020 section 85(2) Resource Management Amendment Act 2020 325: Appeals 1: Any person on whom an abatement notice is served may appeal to the Environment Court 2: Notice of an appeal under subsection (1) shall be in the prescribed form and shall— a: state the reasons for the appeal and the relief sought; and b: state any matters required by regulations; and c: be lodged with the Environment Court relevant authority (whose abatement notice is appealed against) 15 working 3: An appeal against an abatement notice does not operate as a stay of the notice unless— a: the abatement notice is within the scope of section 322(1)(a)(ii) b: a stay is granted by an Environment Judge under subsection (3D). 3A: Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court's decision on the appeal 3B: An application for a stay must be in the prescribed form and must— a: state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and b: state the likely effect on the environment if the stay is granted; and c: be lodged with the Environment Court and served immediately on the relevant authority 3C: Where a person applies for a stay under subsection (3A), an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged. 3D: Before granting a stay, an Environment Judge must consider— a: what the likely effect of granting a stay would be on the environment; and b: whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and c: whether to hear— i: the applicant: ii: the relevant authority d: such other matters as the Judge thinks fit. 3E: An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit. 3F: Any person to whom a stay is granted under subsection (3E) must serve a copy of it on the relevant authority legal 3G: Any stay granted under subsection (3E) remains in force until an order is made otherwise by the Environment Court. 3H: Notwithstanding section 309 4: 5: Except as provided in subsection (6), the Environment Court must not confirm an abatement notice that is the subject of an appeal if— a: the person served with the abatement notice was acting in accordance with— i: a rule in a plan; or ii: a resource consent; or iii: a designation; and b: the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, or notified the proposed plan, or granted the resource consent, or approved the designation, at the time of the approval, notification, or granting, as the case may be. 6: The Environment Court may confirm an abatement notice, that is the subject of an appeal, if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be. 7: In this section, relevant authority Section 325(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 325(2)(c) amended 1 July 2020 section 86(1) Resource Management Amendment Act 2020 Section 325(2)(c) amended 17 December 1997 section 52(1) Resource Management Amendment Act 1997 Section 325(2)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 325(3) replaced 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3A) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3B) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3B)(c) amended 1 July 2020 section 86(2) Resource Management Amendment Act 2020 Section 325(3C) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3D) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3D)(c)(ii) amended 1 July 2020 section 86(3) Resource Management Amendment Act 2020 Section 325(3E) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3F) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3F) amended 1 July 2020 section 86(4) Resource Management Amendment Act 2020 Section 325(3F) amended 1 October 2009 section 136(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 325(3G) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(3H) inserted 17 December 1997 section 52(2) Resource Management Amendment Act 1997 Section 325(4) repealed 1 October 2009 section 136(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 325(5) replaced 1 August 2003 section 84 Resource Management Amendment Act 2003 Section 325(6) inserted 1 August 2003 section 84 Resource Management Amendment Act 2003 Section 325(7) inserted 1 July 2020 section 86(5) Resource Management Amendment Act 2020 325A: Cancellation of abatement notice 1: In this section, relevant authority a: the local authority: b: the Minister of Conservation: c: the EPA. 2: Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time. 3: The relevant authority shall give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice. 4: Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice. 5: The relevant authority shall, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice. 6: The relevant authority shall give written notice of its decision to the person who applied under subsection (4). 7: Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court section 325(2) Section 325A inserted 7 July 1993 section 148 Resource Management Amendment Act 1993 Section 325A(1) replaced 1 July 2020 section 87 Resource Management Amendment Act 2020 Section 325A(7) amended 10 August 2005 section 118 Resource Management Amendment Act 2005 Section 325A(7) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 325B: Restrictions on certain applications for enforcement orders and abatement notices 1: No person may apply to the Environment Court paragraphs (a) to (d) of section 314(1) a: by or on behalf of the Director of Maritime New Zealand section 248 section 249 b: by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or c: by or on behalf of any on-scene commander under section 305 section 311 section 310 d: by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 section 311 2: No person (other than the Minister, the Director of Maritime New Zealand a consent authority, or the EPA Environment Court section 15B 3: No person may apply for an enforcement order of a kind specified in section 314(1)(d) section 342 Part 25 Section 325B inserted 20 August 1998 section 17 Resource Management Amendment Act 1994 Section 325B(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 325B(1)(a) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 325B(2) amended 1 July 2020 section 88 Resource Management Amendment Act 2020 Section 325B(2) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 325B(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 325B(3) replaced 17 December 1997 section 53 Resource Management Amendment Act 1997 Excessive noise 326: Meaning of excessive noise 1: In this Act, the term excessive noise a: aircraft being operated during, or immediately before or after, flight; or b: vehicle being driven on a road (within the meaning of section 2(1) Land Transport Act 1998 c: train, other than when being tested (when stationary), maintained, loaded, or unloaded. 2: Without limiting subsection (1), excessive noise a: includes noise that exceeds a standard for noise prescribed by a national environmental standard b: may include noise emitted by— i: a musical instrument; or ii: an electrical appliance; or iii: a machine, however powered; or iv: a person or group of persons; or v: an explosion or vibration. Section 326(1)(b) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 326(1)(c) replaced 17 December 1997 section 54 Resource Management Amendment Act 1997 Section 326(2) replaced 1 August 2003 section 85 Resource Management Amendment Act 2003 Section 326(2)(a) amended 10 August 2005 section 119 Resource Management Amendment Act 2005 327: Issue and effect of excessive noise direction 1: Any enforcement officer, or any constable acting upon the request of an enforcement officer, who— a: has received a complaint that excessive noise is being emitted from any place; and b: upon investigation of the complaint, is of the opinion that the noise is excessive,— may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level. 2: A direction under subsection (1) may be given in writing or orally. 3: Every direction under subsection (1) shall prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 72 hours or such shorter period as the enforcement officer or constable specifies, commencing at the time the direction is given. 4: The powers under this section are in addition to the powers under sections 322 to 325 section 316 328: Compliance with an excessive noise direction 1: Every person who is given a direction under section 327 2: Every person who knows or ought to know that a direction under section 327 3: If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable), or a constable may enter the place without further notice and— a: seize and remove from the place; or b: render inoperable by the removal of any part from; or c: lock or seal so as to make unusable— any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise. 4: Where a direction under section 327 a: seize and remove from the place; or b: render inoperable by the removal of any part from; or c: lock or seal so as to make unusable— any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise. 5: Where any enforcement officer or constable enters any place under subsection (4), he or she must leave in that place, in a prominent position,— a: a copy of the relevant written excessive noise direction issued under section 327 b: a written notice stating— i: the date and time of the entry: ii: the name of the person in charge of the entry: iii: the actions taken to ensure compliance with the excessive noise direction: iv: the address of the office at which inquiries may be made in relation to the entry. 6: Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary. 7: Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances. Section 328 heading amended 7 July 1993 section 149 Resource Management Amendment Act 1993 Section 328(4) replaced 17 December 1997 section 55 Resource Management Amendment Act 1997 Section 328(5) replaced 17 December 1997 section 55 Resource Management Amendment Act 1997 Section 328(6) inserted 7 July 1993 section 149 Resource Management Amendment Act 1993 Section 328(7) inserted 7 July 1993 section 149 Resource Management Amendment Act 1993 Water shortage 329: Water shortage direction 1: Where a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may issue a direction for either or both of the following: a: that the taking, use, damming, or diversion of water: b: that the discharge of any contaminant into water,— is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction. 2: A direction may relate to any specified water, to water in any specified area, or to water in any specified water body. 3: A direction may not last for more than 14 days but may be amended, revoked, or renewed by the regional council by a subsequent direction. 4: A direction comes into force on its issue and continues in force until it expires or is revoked. 5: A direction may be issued by any means the regional council thinks appropriate, but notice of the particulars of the direction shall be given to all persons required to apportion, restrict, or suspend— a: the taking, use, damming, or diversion of water; or b: the discharge of any contaminant into water,— as far as they can be ascertained, as soon as practicable after its issue. 6: For the purpose of this section, notice may be given to a person by serving it on the person or by publishing the notice in 1 or more daily newspapers circulating in the area where the person takes, uses, dams, or diverts the water, or discharges a contaminant into water. Emergency works 329A: Interpretation 1: In sections 330AAA 330AA 330C affected area area a: the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay: b: the districts of Tararua, Manawatū, Rangitikei, severe weather event a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023: b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions: c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023. 2: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 329A(2): This section is repealed on the close of 1 October 2024. Section 329A inserted 21 March 2023 section 17 Severe Weather Emergency Legislation Act 2023 Section 329A(1) area amended 13 April 2023 section 31(1) Severe Weather Emergency Recovery Legislation Act 2023 330: Emergency works and power to take preventive or remedial action 1: Where— a: any public work for which any person has financial responsibility; or b: any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act; or c: any project or work or network utility operation section 167 ; or ca: any service or system that any lifeline utility operates or provides— is, in the opinion of the person , authority, network utility operator, or lifeline utility, d: an adverse effect on the environment which requires immediate preventive measures; or e: an adverse effect on the environment which requires immediate remedial measures; or f: any sudden event the provisions of sections 9 12 13 14 15 network utility operator, or lifeline utility 1A: Subsection (1) applies whether or not the adverse effect or sudden event was foreseeable. 2: Where a local authority or consent authority— a: has financial responsibility for any public work; or b: has jurisdiction under this Act in respect of any natural and physical resource or area— which is, in the reasonable opinion of that local authority or consent authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or consent authority by its employees or agents may, without prior notice, enter any place (including a dwellinghouse when accompanied by a constable) and may take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency. 2A: Sections 9 12 13 14 15 3: As soon as practicable after entering any place under this section, every person must identify himself or herself and inform the occupier of the place of the entry and the reasons for it. 4: Nothing in this section shall authorise any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 5: In this section and section 330A lifeline utility section 4 Section 330 heading amended 20 August 1998 section 18 Resource Management Amendment Act 1994 Section 330(1) amended 4 September 2013 section 56(3) Resource Management Amendment Act 2013 Section 330(1) amended 4 September 2013 section 56(4) Resource Management Amendment Act 2013 Section 330(1)(c) amended 4 September 2013 section 56(1) Resource Management Amendment Act 2013 Section 330(1)(c) amended 7 July 1993 section 150(1) Resource Management Amendment Act 1993 Section 330(1)(ca) inserted 4 September 2013 section 56(2) Resource Management Amendment Act 2013 Section 330(1)(f) amended 7 July 1993 section 150(2) Resource Management Amendment Act 1993 Section 330(1A) inserted 10 August 2005 section 120(1) Resource Management Amendment Act 2005 Section 330(2A) inserted 10 August 2005 section 120(2) Resource Management Amendment Act 2005 Section 330(4) inserted 20 August 1998 section 18 Resource Management Amendment Act 1994 Section 330(5) inserted 4 September 2013 section 56(5) Resource Management Amendment Act 2013 330AAA: Modification of requirements in section 330(3) for authorities in affected areas 1: This section applies if, because of or in connection with the impacts of a severe weather event, a local authority or consent authority acting under section 330(2) 2: Section 330(3) a: there is displayed in a prominent place on the land a notice that gives the date of entry, the reasons for entry, and the contact details of a person who can provide further information; and b: as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002 3: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330AAA(3): This section is repealed on the close of 1 October 2024. Section 330AAA inserted 21 March 2023 section 18 Severe Weather Emergency Legislation Act 2023 330A: Resource consents for emergency works 1: Where an activity is undertaken under section 330 (other than the occupier) network utility operator, or lifeline utility 2: Where such an activity, but for section 330 sections 9 12 13 14 15 (other than the occupier) network utility operator, or lifeline utility 3: If the application is made within the time stated in subsection (2), the activity may continue until the application for a resource consent and any appeals have been finally determined. Section 330A inserted 7 July 1993 section 151 Resource Management Amendment Act 1993 Section 330A(1) amended 4 September 2013 section 57 Resource Management Amendment Act 2013 Section 330A(1) amended 10 August 2005 section 121(1)(a) Resource Management Amendment Act 2005 Section 330A(1) amended 10 August 2005 section 121(1)(b) Resource Management Amendment Act 2005 Section 330A(2) amended 4 September 2013 section 57 Resource Management Amendment Act 2013 Section 330A(2) amended 10 August 2005 section 121(2)(a) Resource Management Amendment Act 2005 Section 330A(2) amended 10 August 2005 section 121(2)(b) Resource Management Amendment Act 2005 330AA: Modification of requirements in section 330A for activities undertaken in affected areas 1: This section applies if, because of or in connection with the impacts of a severe weather event, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in an affected area under section 330 2: The time within which advice of the activity must be given under section 330A(1) 3: The time within which any application for a resource consent must be lodged under section 330A(2) 4: Section 330A(3) 5: In this section, lifeline utility section 330(5) 6: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330AA(6). This section is repealed on the close of 1 October 2024. Section 330AA inserted 21 March 2023 section 19 Severe Weather Emergency Legislation Act 2023 330B: Emergency works under Civil Defence Emergency Management Act 2002 1: If any activity is undertaken by any person exercising emergency powers during a state of emergency declared , or transition period notified, Civil Defence Emergency Management Act 2002 sections 9 12 13 14 15 2: If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken. 3: If such an activity, but for this section, would contravene any of sections 9 12 13 14 15 60 working days 4: If the application is made within the time stated in subsection (3), the activity may continue until the application for a resource consent and any appeals have been finally determined. 5: A person does not commit an offence under section 338(1)(a) Section 330B inserted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 330B(1) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 330B(3) amended 1 July 2020 section 89 Resource Management Amendment Act 2020 330C: Modification of requirements in section 330B for activities undertaken in affected areas 1: This section applies if, because of or in connection with the impacts of a severe weather event, a person (or a person acting on their behalf) undertakes an activity to which section 330B Civil Defence Emergency Management Act 2002 2: The time within which advice of the activity must be given under section 330B(2) 3: The time within which any application for a resource consent must be lodged under section 330B(3) 4: Section 330B(4) and (5) 5: This section is repealed on the close of 1 October 2024. 2024-10-02 Resource Management Act 1991 see section 330C(5): this section is repealed on the close of 1 October 2024. Section 330C inserted 21 March 2023 section 20 Severe Weather Emergency Legislation Act 2023 331: Reimbursement or compensation for emergency works 1: Where the local authority or consent authority takes action under section 330(2) require actual and reasonable costs (as defined in section 314(2) 1A: Where the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 314(1)(d) 2: Every— a: person having an estate or interest in land that is injuriously affected by the exercise of any power under section 330(2) b: other person suffering any damage as a result of the exercise of that power— shall be entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by his or her duties under the Act. 3: Any compensation under subsection (2) shall be claimed and determined in accordance with Part 5 Section 331(1) amended 7 July 1993 section 152(1)(a) Resource Management Amendment Act 1993 Section 331(1) amended 7 July 1993 section 152(1)(b) Resource Management Amendment Act 1993 Section 331(1A) inserted 7 July 1993 section 152(2) Resource Management Amendment Act 1993 Emergency activities undertaken by certain rural landowners and occupiers Heading inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 331A: Application of sections 331B to 331E 1: Sections 331B to 331E 2: In this section and sections 331B 331C 331E rural land a: has a general rural, rural production, or Māori purpose zoning status (or the nearest equivalent zone) in the relevant district or combined plan; or b: has located on it any marae, papakāinga, or urupā; or c: is used for the primary purpose of livestock or horticultural farming. 3: In this section, affected area section 329A Section 331A inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 331B: Owner or occupier of rural land may take emergency preventive or remedial measures 1: Subsection (2) applies if,— a: because of or in connection with the impacts of a severe weather event, a sudden event or an adverse effect on the environment has caused, is causing, or is likely to cause loss of life or injury to humans, loss of life or serious detriment to the health or well-being of animals, or serious damage to land or property; and b: the owner or occupier of rural land— i: considers, on reasonable grounds, that preventive or remedial measures are required to avoid, remedy, or mitigate the loss, injury, detriment, or damage; and ii: considers that, in the circumstances, the measures are proportionate to the loss, injury, detriment, or damage or the risk of the loss, injury, detriment, or damage; and iii: undertakes 1 or more activities to implement the measures in a manner that,— A: so far as is reasonably practicable, avoids, remedies, or mitigates the adverse environmental effects; and B: will not cause significant adverse effects beyond the boundaries of the owner’s or occupier’s rural land. 2: An activity undertaken under subsection (1)(b)(iii) is deemed to be a permitted activity for the purposes of any or all of the following: a: any relevant plan or proposed plan: b: any applicable regulations: c: any applicable national environmental standards. 3: However, an activity is not deemed a permitted activity under subsection (2) if it— a: is classified as a prohibited activity in any of the following: i: any relevant plan or proposed plan: ii: any applicable regulations: iii: any applicable national environmental standard; or b: is an activity referred to in section 12 c: is undertaken on culturally significant land, or will impact on culturally significant land, without the written permission of the relevant iwi or hapū given following notice to the relevant iwi or hapū by the owner or occupier of the rural land in accordance with subsection (4). 4: The notice referred to in subsection (3)(c) must be given to the relevant iwi or hapū at least 20 working days before the activity is undertaken and must include— a: details of the proposed activity to be undertaken; and b: the proximity of the proposed activity to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay c: the anticipated effect of the proposed activity on the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay d: a request for permission from the relevant iwi or hapū to undertake the proposed activity; and e: a request for protocols or management plans in relation to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement or specified statutory overlay 5: If an activity undertaken under subsection (1)(b)(iii) is not deemed a permitted activity, the relevant provisions of any relevant plan or proposed plan, any applicable regulations, and any applicable national environmental standards apply. 6: Subsection (2) applies whether or not the sudden event or adverse effect was foreseeable. 7: In this section,— culturally significant land a: is on, or adjoins, a wāhi tapu or a site of cultural significance; or b: is on or adjoins c: is within, is adjacent to, or directly affects the statutory overlay of ngā rohe moana and ngā rohe moana o ngā hapū o Ngāti Porou, as described in section 11 Schedule 3 severe weather event section 329A specified statutory overlay section 11 Schedule 3 statutory acknowledgement wāhi tapu site of cultural significance a: a relevant plan or proposed plan: b: the New Zealand Archaeological Association’s site recording scheme: c: a list maintained under section 65 81 ca: section 11 Schedule 3 d: the records of the Maori Land Court as a site set apart as a Maori reservation under Part 17 Section 331B inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 Section 331B(4)(b) amended 13 April 2023 section 32(1) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(4)(c) amended 13 April 2023 section 32(2) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(4)(e) amended 13 April 2023 section 32(3) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) culturally significant land amended 13 April 2023 section 32(4) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) culturally significant land inserted 13 April 2023 section 32(5) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) specified statutory overlay inserted 13 April 2023 section 32(6) Severe Weather Emergency Recovery Legislation Act 2023 Section 331B(7) wāhi tapu inserted 13 April 2023 section 32(7) Severe Weather Emergency Recovery Legislation Act 2023 331C: Requirement for owner or occupier to give notice to relevant consent authority 1: An owner or occupier of rural land who has acted under section 331B 2: Notice must be given within 60 working days after the activity begins, or such extended period that the consent authority may allow by written notice. 3: If the owner or occupier fails to comply with the specified or extended notice period in subsection (2), the permitted activity status of the activity is revoked as from the date on which the notice period in that subsection ends. Section 331C inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 331D: Duty to gather information, monitor, and keep records Nothing in section 331B 331C section 35 Section 331D inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 331E: Enforcement proceedings For the purposes of activities undertaken under section 331B Part 12 section 16 17 Section 331E inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 331F: Repeal of this section and sections 331A to 331E 1: This section and sections 331A to 331E 2: The repeal of section 331B 3: However, subsection (2) does not limit or affect the operation of this Act (including the ability to change the status of the permitted activity in a district or regional plan) after the repeal of section 331B 2024-04-02 Resource Management Act 1991 see section 331F(1): This section and sections 331A to 331E and the cross-heading above section 331A are repealed on the close of 1 April 2024. Section 331F inserted 21 March 2023 section 21 Severe Weather Emergency Legislation Act 2023 Powers of entry and search 332: Power of entry for inspection 1: Any enforcement officer, specifically authorised in writing by any local authority , consent authority, or by the EPA a: this Act, any regulations, a rule of a plan, a resource consent, section 10 or section 10A section 20A b: an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or c: any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9 12(3) 14(1) 15(2), and 15(2A) d: 2: For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter 2A: Where a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter. 3: Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request. 4: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer shall leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection. 5: An enforcement officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission. 6: Any enforcement officer exercising any power under this section may use such assistance as is reasonably necessary. Section 332(1) amended 1 July 2020 section 90 Resource Management Amendment Act 2020 Section 332(1)(a) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 332(1)(a) amended 7 July 1993 section 153(1) Resource Management Amendment Act 1993 Section 332(1)(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 332(1)(c) amended 1 October 2009 section 137 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 332(1)(d) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 332(2) amended 7 July 1993 section 153(2) Resource Management Amendment Act 1993 Section 332(2A) inserted 7 July 1993 section 153(3) Resource Management Amendment Act 1993 333: Power of entry for survey 1: For any purpose connected with the preparation, change, or review of a policy statement or plan, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so, may do all or any of the following: a: carry out surveys, investigations, tests, or measurements: b: take samples of any water, air, soil, or vegetation: c: enter or re-enter land (except a dwellinghouse),— at any reasonable time, with or without such assistance, vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose. 1A: 2: Reasonable written notice shall be given to the occupier of land to be entered under subsection (1)— a: that entry on to the land is authorised under this section: b: of the purpose for which entry is required: c: how and when entry is to be made. 3: Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request. Section 333(1A) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 334: Application for warrant for entry for search 1: An issuing officer (within the meaning of section 3 subpart 3 a: in respect of which an offence has been or is suspected of having been committed against this Act or regulations that is punishable by imprisonment; or b: which there is reasonable grounds to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or c: anything which there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment— may issue a warrant authorising the entry and search of any place or vehicle 2: The provisions of Part 4 3: Despite subsection (2), sections 118 119 Section 334(1) amended 1 October 2012 section 300(2)(a) Search and Surveillance Act 2012 Section 334(1) amended 1 October 2012 section 300(2)(b) Search and Surveillance Act 2012 Section 334(2) replaced 1 October 2012 section 300(3) Search and Surveillance Act 2012 Section 334(3) replaced 1 October 2012 section 300(3) Search and Surveillance Act 2012 335: Direction and execution 1: Every warrant under section 334 a: any specified constable; or b: any specified enforcement officer when accompanied by a constable; or c: generally, every constable; or d: generally, every enforcement officer when accompanied by a constable. 2: 3: 4: 5: Section 335 heading amended 1 October 2012 section 300(4) Search and Surveillance Act 2012 Section 335(2) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(3) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(4) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Section 335(5) repealed 1 October 2012 section 300(5) Search and Surveillance Act 2012 Return of property Heading replaced 4 September 2013 section 58 Resource Management Amendment Act 2013 336: Return of property seized under sections 323 and 328 1: Where any property is seized and impounded under section 323 328 relevant authority 2: Where an application is made under subsection (1), the relevant authority a: satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and b: the applicant has paid all costs incurred by the relevant authority 3: Where the relevant authority section 325(2) a: the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and b: the time limit for lodging the application were 6 months from the date of seizure. 4: The Environment Court, on an application under subsection (3), may— a: order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or b: refuse the application for the return of the property. 5: Where— a: any property seized under section 323 328 b: the return of the property has been refused under subsection (3) and no application has been lodged within 6 months of the date of seizure; or c: the Environment Court has refused the return of the property under subsection (4)(b),— the relevant authority 6: Any local authority, consent authority, or constable wishing to dispose of property under subsection (5)— a: must give written notice to the person from whom the property was seized, where the person's address is known; and b: may sell or cause the property to be otherwise disposed of; and c: may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and d: must, on demand, pay the remainder of the proceeds to the person from whom the property was seized. 7: In this section, relevant authority Section 336 replaced 4 September 2013 section 58 Resource Management Amendment Act 2013 Section 336(1) amended 1 July 2020 section 91(1) Resource Management Amendment Act 2020 Section 336(2) amended 1 July 2020 section 91(2) Resource Management Amendment Act 2020 Section 336(2)(b) amended 1 July 2020 section 91(3) Resource Management Amendment Act 2020 Section 336(3) amended 1 July 2020 section 91(4) Resource Management Amendment Act 2020 Section 336(5) amended 1 July 2020 section 91(5) Resource Management Amendment Act 2020 Section 336(7) inserted 1 July 2020 section 91(6) Resource Management Amendment Act 2020 337: Return of property seized under warrant Section 337 repealed 1 October 2012 section 300(6) Search and Surveillance Act 2012 Offences 338: Offences against this Act 1: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following: a: sections 9 11 12 13 14 15 b: any enforcement order: c: any abatement notice, other than a notice under section 322(1)(c) d: any water shortage direction under section 329 1A: Every person commits an offence against this Act who contravenes or permits a contravention of section 15A section 15C 1B: Where any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 15B a: if the discharge is from a ship, the master and the owner of the ship: b: if the discharge is from an offshore installation, the owner of the installation. 2: Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following: a: section 22 b: section 42 c: any excessive noise direction under section 327 d: any abatement notice for unreasonable noise under section 322(1)(c) e: any order (other than an enforcement order) made by the Environment Court 3: Every person commits an offence against this Act who— a: wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act: b: contravenes, or permits a contravention of, any of the following: i: section 283 Environment Court ii: any summons or order to give evidence issued or made pursuant to section 41 c: contravenes, or permits a contravention of, any provision (as provided in Schedule 10 section 237C 4: Despite anything to the contrary in section 25 12 months Section 338(1A) inserted 20 August 1998 section 19 Resource Management Amendment Act 1994 Section 338(1B) inserted 20 August 1998 section 19 Resource Management Amendment Act 1994 Section 338(2)(e) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 338(3)(b)(i) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 338(3)(c) inserted 7 July 1993 section 155 Resource Management Amendment Act 1993 Section 338(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 338(4) amended 1 July 2020 section 92 Resource Management Amendment Act 2020 339: Penalties 1: Every person who commits an offence against section 338(1), (1A), or (1B) a: in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000: b: in the case of a person other than a natural person, to a fine not exceeding $600,000. 1A: Every person who commits an offence against section 338(1), (1A), or (1B) 2: Every person who commits an offence against section 338(2) 3: Every person who commits an offence against section 338(3) 4: A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 5: If a person is convicted of an offence against section 338 a: the orders specified in section 314 b: an order requiring a consent authority to serve notice, under section 128(2) 6: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 339(1) replaced 1 October 2009 section 139(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 339(1A) inserted 1 October 2009 section 139(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 339(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339(4) replaced 30 June 2002 section 186 Sentencing Act 2002 Section 339(5) replaced 1 October 2009 section 139(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 339A: Protection against imprisonment for dumping and discharge offences involving foreign ships 1: No person shall be imprisoned for any offence of contravening or permitting a contravention of section 15A section 15B a: either— i: the person intended to commit the offence; or ii: the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would or would be likely to cause a significant or irreversible adverse effect on the coastal marine area; and b: the commission of the offence has had or is likely to have a significant or irreversible adverse effect on the coastal marine area. 2: In this section, foreign ship section 2(1) Section 339A inserted 20 August 1998 section 21 Resource Management Amendment Act 1994 339B: Additional penalty for certain offences for commercial gain 1: Where a person is convicted of an offence against section 338(1A) or (1B) section 339 2: For the purposes of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine. Section 339B inserted 20 August 1998 section 21 Resource Management Amendment Act 1994 339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent 1: Where— a: the master or owner of a ship is convicted of an offence against section 338 section 15A section 15B section 15C b: any fine or other monetary penalty imposed by a court under section 339 section 339B the court may order that the amount of the fine so unpaid be levied by distress and sale of the ship and its equipment. 2: Without limiting subsection (1), where any master or owner of a ship— a: is convicted of an offence against section 338 section 15A section 15B section 15C b: fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 339 section 339B the agent of the ship shall be civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority 2A: For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority ( see section 343F(b) 3: Every agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship shall be entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money which is or becomes payable by that agent to that master or owner; and any amount so paid by the agent shall, for the purposes of section 4(1)(p) 4: The District Court has 5: This section shall apply notwithstanding any enactment or rule of law. Section 339C inserted 20 August 1998 section 21 Resource Management Amendment Act 1994 Section 339C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 339C(2A) inserted 1 July 2020 section 93 Resource Management Amendment Act 2020 Section 339C(4) amended 1 March 2017 section 261 District Court Act 2016 340: Liability of principal for acts of agents 1: Where an offence is committed against this Act— a: by any person acting as the agent (including any contractor) b: by any person while in charge of a ship, the owner of the ship shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence. 2: Despite anything in subsection (1), if proceedings are brought under that subsection, it is a good defence if— a: the defendant proves,— i: in the case of a natural person (including a partner in a firm),— A: that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or B: that he or she took all reasonable steps to prevent the commission of the offence; or ii: in the case of a person other than a natural person,— A: that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or B: that the defendant took all reasonable steps to prevent the commission of the offence; and b: the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence. 3: If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved— a: that the act or omission that constituted the offence took place with his or her authority, permission, or consent; and b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. Section 340(1) replaced 20 August 1998 section 22 Resource Management Amendment Act 1994 Section 340(1)(a) amended 17 December 1997 section 57(1) Resource Management Amendment Act 1997 Section 340(2) replaced 1 October 2009 section 140 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 340(3) replaced 1 October 2009 section 140 Resource Management (Simplifying and Streamlining) Amendment Act 2009 341: Strict liability and defences 1: In any prosecution for an offence of contravening or permitting a contravention of any of sections 9 11 12 13 14 15 2: Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves— a: that— i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and ii: the conduct of the defendant was reasonable in the circumstances; and iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred. 3: Except with the leave of the court, 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 delivers to the prosecutor a written notice— a: stating that he or she intends to rely on subsection (2); and b: specifying the facts that support his or her reliance on subsection (2). Section 341(2)(b) amended 7 July 1993 section 156 Resource Management Amendment Act 1993 341A: Liability and defences for dumping and storage of waste or other matter It is a defence to prosecution for an offence of contravening or permitting a contravention of section 15A a: was necessary— i: to save or prevent danger to human life; or ii: to avert a serious threat to any ship, aircraft, or offshore installation; or iii: in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and b: was a reasonable step to take in all the circumstances; and c: was likely to result in less damage than would otherwise have occurred; and d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Section 341A inserted 20 August 1998 section 23 Resource Management Amendment Act 1994 341B: Liability and defences for discharging harmful substances 1: In any prosecution for an offence against section 338(1B) section 15B 2: It is a defence to prosecution for an offence against section 338(1B) a: the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or b: the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and— i: such damage occurred without the negligence or deliberate act of the defendant; and ii: as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape. Section 341B inserted 20 August 1998 section 23 Resource Management Amendment Act 1994 342: Fines to be paid to local authority instituting prosecution 1: Subject to subsection (2), where a person is convicted of an offence under section 338 proceedings in relation to the offence were commenced by or 2: There shall be deducted from every amount payable to a local authority under subsection (1), a sum equal to 10% thereof, and this sum shall be credited to a 3: Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money. 4: Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the local authority entitled to it under the order. 5: Nothing in section 73 6: If the court orders the payment of a fine for an offence prosecuted by the EPA acting under section 343F(b) a: 10% of the fine must be credited to a Crown Bank Account; and b: the balance of the fine must be credited to the local authority that the EPA was assisting. Section 342(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 342(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 342(6) inserted 1 July 2020 section 94 Resource Management Amendment Act 2020 343: Discharges from ships Section 343 repealed 20 August 1998 section 24 Resource Management Amendment Act 1994 Infringement offences Heading inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 343A: Infringement offences In sections 343B to 343D infringement fee section 360(1)(bb) infringement offence section 360(1)(ba) Section 343A inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 343B: Commission of infringement offence Where any person is alleged to have committed an infringement offence, that person may either— a: be proceeded against by filing a charging document under section 14 b: be served with an infringement notice as provided for in section 343C Section 343B inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343B(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 343C: Infringement notices 1: Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person. 2: Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, 3: Every infringement notice shall be in the prescribed form and shall contain the following particulars: a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and b: the amount of the infringement fee specified for that offence; and c: the address of the place at which the infringement fee may be paid; and d: the time within which the infringement fee must be paid; and e: a summary of the provisions of section 21(10) f: a statement that the person served with the notice has a right to request a hearing; and g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and h: such other particulars as are prescribed. 4: If an infringement notice has been issued under this section,— a: a reminder notice must be in the form prescribed under this Act; and b: proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 Section 343C inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 343C(4) replaced 9 October 2006 section 36(1) Summary Proceedings Amendment Act 2006 343D: Entitlement to infringement fees 1: A local authority shall be entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that authority. 2: However, any infringement fee relating to an infringement notice issued by an enforcement officer appointed by the EPA must be paid into a Crown Bank Account. Section 343D(1) inserted 2 September 1996 section 18 Resource Management Amendment Act 1996 Section 343D(2) inserted 1 July 2020 section 95 Resource Management Amendment Act 2020 12A: Enforcement functions of EPA Part 12A inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343E: Terms used in this Part 1: In this Part,— enforcement action a: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been— i: a contravention of a provision of this Act, any regulations, a rule in a plan, a rule in a proposed plan that has legal effect, a national environmental standard, or a resource consent; or ii: a failure to comply with a requirement of an enforcement order or abatement notice; or b: an application for an enforcement order under section 316 c: an application for an interim enforcement order under section 320 d: the service of an abatement notice under section 322 e: the filing of a charging document relating to an offence described in section 338 f: the issuing of an infringement notice under section 343C g: an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f) enforcement function section 343F incident a: a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national environmental standard, or a resource consent; or b: a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice subsequent action a: means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and b: includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a). 2: In paragraph (a) of the definition of enforcement action in subsection (1), other activity section 311 3: In this Part, an enforcement action is executed Section 343E inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343F: Enforcement functions of EPA The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act: a: the EPA may take an enforcement action and any subsequent action in relation to an incident if the local authority has not commenced taking any enforcement action in relation to the same incident: b: the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action: c: the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action. Section 343F inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343G: Intervention by EPA 1: If the EPA intervenes in an enforcement action of a local authority in relation to an incident,— a: the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and b: the local authority must,— i: on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 343E(1) ii: from the date specified in the notice, cease all enforcement action in relation to the incident; and c: the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and d: only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies. 2: When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person. 3: If the EPA decides to cease its intervention,— a: it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and b: it must specify in the notice the date on which the intervention will cease; and c: the local authority may, from the date referred to in paragraph (b),— i: take an enforcement action or subsequent action in relation to the incident; or ii: resume any enforcement action that it had commenced before the intervention. 4: To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person. Section 343G inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343H: EPA may change enforcement functions 1: The EPA may change its enforcement function in relation to an incident to another function described in section 343F 2: If the EPA decides to change to an intervention function described in section 343F(c) section 343G(1) Section 343H inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343I: EPA enforcement officers 1: The EPA may authorise a person described in subsection (2) to be an enforcement officer for the purpose of carrying out its enforcement functions under this Act. 2: A person may be authorised as an enforcement officer if the person— a: has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or b: is an employee of the EPA who is suitably qualified and trained. 3: The EPA must supply each enforcement officer with a warrant that— a: states the full name of the person; and b: includes a summary of the powers conferred on the person under this Act. 4: An enforcement officer may exercise the powers under this Act, in accordance with his or her warrant, only for the purposes for which he or she was appointed. 5: An enforcement officer exercising a power under this Act must have with him or her, and must produce if required to do so, his or her warrant and evidence of his or her identity. 6: An enforcement officer who holds a warrant issued under this section must, on the termination of the officer’s appointment, surrender the warrant to the EPA. 2012 No 72 ss 138 139 Section 343I inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343J: EPA may require information from local authority 1: The EPA may require a local authority to provide information that the EPA requires for taking an enforcement action in relation to an incident. 2: The EPA must notify the chief executive of the local authority in writing and specify the incident for which information is required. 3: A local authority must provide the required information to the EPA as soon as is reasonably practicable, but no later than 10 working days after the chief executive is notified. Section 343J inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343K: Additional reporting requirements 1: The annual report of the EPA under section 150 2: The EPA is not required to provide information under subsection (1) that would prejudice the maintenance of law, including the prevention, investigation, or detection of offences, or the right to a fair trial. Section 343K inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 343L: Order for payment of EPA’s costs in bringing a prosecution 1: On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs). 2: If the court makes an order under subsection (1), it must not make an order under section 4 3: If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation. 2015 No 70 s 152 Section 343L inserted 1 July 2020 section 96 Resource Management Amendment Act 2020 13: Hazards Control Commission Part 13 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 344: Interpretation Section 344 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 345: Purpose and principles Section 345 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 346: Establishment of Commission Section 346 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 347: Functions of Commission Section 347 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 348: Membership of Commission Section 348 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 349: Compliance with policy directions Section 349 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 350: Further provisions applying in respect of Commission Section 350 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 351: Regulations Section 351 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 14: Miscellaneous provisions 352: Service of documents 1: Where a notice or other document is to be served on a person for the purposes of this Act,— a: if the person has specified an electronic address as an address for service for the matter to which the document relates, and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address: b: if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods: i: delivering it personally to the person (other than a Minister of the Crown): ii: delivering it at the usual or last known place of residence or business of the person: iii: sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person: iv: posting it to the PO box address that the person has specified as an address for service: v: leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service: vi: sending it to the fax number that the person has specified as an address for service. 1AA: However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service. 1A: Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016 2: Where a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service 3: Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body. 4: Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (3) shall be deemed to be service on the partnership. 4A: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served— a: by delivering it at the organisation's head office or principal place of business; or b: by sending it to the fax number or electronic address c: by a method agreed between the organisation and the person serving the notice or document. 5: Where a notice or other document is sent by post to a person in accordance with subsection (1)(b)(iii) or (iv) Section 352(1) replaced 18 October 2017 section 165(1) Resource Legislation Amendment Act 2017 Section 352(1AA) inserted 18 October 2017 section 165(1) Resource Legislation Amendment Act 2017 Section 352(1A) inserted 1 March 2017 section 36(2) Electronic Courts and Tribunals Act 2016 Section 352(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 352(4A) inserted 1 October 2009 section 141(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 352(4A)(b) amended 18 October 2017 section 165(2) Resource Legislation Amendment Act 2017 Section 352(5) amended 18 October 2017 section 165(3) Resource Legislation Amendment Act 2017 352A: Mode of service of summons on master or owner of ship 1: If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 sections 15A 15B 15C Criminal Procedure Act 2011 a: if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or b: if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business. 1A: Subsection (1) applies despite any other enactment. 2: However, or Community Magistrate rules made under the Criminal Procedure Act 2011 3: Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,— a: where service is effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or b: where service is effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post. 4: In this section,— District Court Judge the District Court Act 2016 Justice section 2 of the Justice of the Peace Act 1957 Registrar section 5 Criminal Procedure Act 2011 Section 352A inserted 20 August 1998 section 25 Resource Management Amendment Act 1994 Section 352A(1) replaced 10 August 2005 section 122(1) Resource Management Amendment Act 2005 Section 352A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 352A(1A) inserted 10 August 2005 section 122(1) Resource Management Amendment Act 2005 Section 352A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 352A(2) amended 10 August 2005 section 122(2) Resource Management Amendment Act 2005 Section 352A(2) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 352A(4) replaced 10 August 2005 section 122(3) Resource Management Amendment Act 2005 Section 352A(4) District Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 352A(4) Registrar amended 19 April 2017 section 111 Resource Legislation Amendment Act 2017 Section 352A(4) Registrar amended 1 July 2013 section 413 Criminal Procedure Act 2011 353: Notices and consents in relation to Maori land Part 10 section 181(4) or the EPA Section 353 replaced 7 July 1993 section 158 Resource Management Amendment Act 1993 Section 353 amended 1 July 2020 section 97 Resource Management Amendment Act 2020 354: Crown's existing rights to resources to continue 1: Without limiting the Interpretation Act 1999 Crown Minerals Act 1991 a: section 3 of the Geothermal Energy Act 1953 b: section 21 of the Water and Soil Conservation Act 1967 c: section 261 of the Coal Mines Act 1979 shall not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed. 2: Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations. 3: Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under— a: this Act; or b: any other enactment; or c: any instrument or order made under an enactment. Section 354(1) amended 1 November 1999 section 38(1) Interpretation Act 1999 Section 354(2) replaced 7 July 1993 section 159 Resource Management Amendment Act 1993 Section 354(3) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 355: Vesting of reclaimed land 1: 2: Any person may apply to the Minister of Lands for any right, title, or interest in any land— a: which forms part of a riverbed or lakebed which is land of the Crown; and b: which has been reclaimed or is proposed to be reclaimed— to be vested in that person. 3: The Minister of Lands Gazette that forms part of a riverbed or lakebed that is not within the coastal marine area and a: determining an appropriate price (if any) to be paid by the applicant in respect thereof; and b: ensuring that the consent authority has issued a certificate under section 245(5)(a)(ii) or (5)(b)(ii) 4: Every Gazette a: shall state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and ab: must describe the right, title, or interest vested; and b: shall refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and c: shall be sent by the relevant Minister to the Registrar-General of Land record of title d: shall be registered, without fee, by the Registrar-General of Land 5: The Registrar-General of Land record of title Gazette 6: For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed. Section 355(1) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 355(3) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 355(3) amended 25 November 2004 section 34(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 355(4)(ab) inserted 25 November 2004 section 34(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 Section 355(4)(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 355(4)(c) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(4)(d) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 355(5) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 355(6) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 355AA: Effect of Foreshore and Seabed Act 2004 on vesting of reclamations Section 355AA repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 355AB: Application for renewals Section 355AB repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 355A: Application for consent to unlawful reclamation 1: Where land has at any time (whether before or after the date of commencement of this Act) been reclaimed from the coastal marine area unlawfully, any person may apply under section 88 2: The provisions of Part 6 Section 355A inserted 17 December 1997 section 58 Resource Management Amendment Act 1997 355B: Enforcement powers against unlawful reclamations 1: Where, since the date of commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the Minister of Conservation , a regional council, and the EPA Part 12 2: Where any land has been unlawfully reclaimed from the coastal marine area before the commencement of this Act, the Minister of Conservation , a regional council, or the EPA Part 12 3: Whether or not an enforcement order has been sought or granted under subsection (2), the Minister of Conservation , a regional council, and the EPA 4: For the avoidance of doubt, any action taken under subsection (3) to remove any reclaimed land requires a resource consent unless expressly allowed by a rule in a regional coastal plan and any relevant proposed regional coastal plan. Section 355B inserted 17 December 1997 section 58 Resource Management Amendment Act 1997 Section 355B(1) amended 1 July 2020 section 98(1) Resource Management Amendment Act 2020 Section 355B(2) amended 1 July 2020 section 98(2) Resource Management Amendment Act 2020 Section 355B(3) amended 1 July 2020 section 98(3) Resource Management Amendment Act 2020 356: Matters may be determined by arbitration 1: Except as provided in subsection (2), where— a: any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and b: every person who has such a right of appeal agrees— any of those persons may apply to the Environment Court Arbitration Act 1908 court 2: No person may apply to the Environment Court a: any matter relating to a requirement, designation, or heritage order: b: any matter relating to an application for a resource consent in respect of which the Minister has made a direction under section 141C c: any matter relating to a proposed regional policy statement or proposed regional coastal plan. 3: Where an order under subsection (1) is made no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal court 4: Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision; and may, in his or her award, confirm, amend, or cancel any such decision accordingly. 5: Except as otherwise expressly provided, nothing in this section shall limit the right of any persons to refer to arbitration any disputed matter arising under this Act. 6: Section 356(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 356(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 356(2)(b) amended 10 August 2005 section 123 Resource Management Amendment Act 2005 Section 356(3) amended 1 August 2003 section 86(1) Resource Management Amendment Act 2003 Section 356(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 356(6) repealed 1 August 2003 section 86(2) Resource Management Amendment Act 2003 Rights of objection Heading inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 357: Right of objection against certain decisions 1: A person whose application to a territorial authority is not granted under section 10(2) 2: A person whose submission to an authority is struck out under section 41D 3: A person whose application to a consent authority is determined to be incomplete under section 88(3) 3A: A person has a right of objection to a consent authority that decides to return the person's application under section 91C(2) 91F(2) 4: A person whose application or submission is declined to be processed or considered by a board of inquiry exercising the powers of a consent authority under section 99(8) 5: A person who requests a certificate of compliance from the EPA under section 139(13) 6: A requiring authority whose notice to a territorial authority is declined under section 182(5) 7: A requiring authority whose application to a territorial authority is not granted under section 184 8: A requiring authority or heritage protection authority whose request to a territorial authority is not granted under section 198C(4) to (5A) 9: A person has a right of objection to a regional council about a public notice given by the council under section 369(11) Section 357 replaced 1 October 2009 section 142 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357(2) amended 18 October 2017 section 166 Resource Legislation Amendment Act 2017 Section 357(3A) inserted 3 March 2015 section 122 Resource Management Amendment Act 2013 Section 357(3A) amended 30 September 2020 section 99 Resource Management Amendment Act 2020 Section 357(8) amended 4 September 2013 section 59 Resource Management Amendment Act 2013 357A: Right of objection to consent authority against certain decisions or requirements 1: There is a right of objection to a consent authority,— a: in respect of a decision of that authority, for any person who has made an application under— i: section 124(2) ii: section 125(1A)(b) iii: section 126(2)(b) iv: section 139 v: section 139A b: c: d: in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8) e: in respect of a decision of the authority under section 87E(5) to (6A) section 87D f: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if— i: the application or review was notified; and ii: either no submissions were received or any submissions received were withdrawn: g: in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if the application or review was not notified. 2: Subsection (1)(f) and (g) apply to an application made under section 88 sections 104B 104C section 34A 3: Subsection (1)(f) and (g) apply to an application made under section 127 4: Subsection (1)(f) and (g) apply to a review of the conditions of a resource consent under sections 128 to 132 5: Subsection (1)(f) and (g) apply to an application made under section 221 Section 357A inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357A(1)(a)(ii) amended 1 October 2011 section 56 Resource Management Amendment Act (No 2) 2011 Section 357A(1)(b) repealed 1 October 2009 section 143(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)(c) repealed 1 October 2009 section 143(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)(e) replaced 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)(e) amended 4 September 2013 section 60 Resource Management Amendment Act 2013 Section 357A(1)(f) inserted 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(1)(g) inserted 1 October 2009 section 143(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(2) replaced 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(3) replaced 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(4) inserted 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357A(5) inserted 1 October 2009 section 143(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 357AB: Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner 1: An applicant for a resource consent who has a right of objection under section 357A(1)(f) or (g) 2: If a consent authority receives a request under this section, the authority must, under section 34A(1) sections 357C 357D Section 357AB inserted 18 October 2017 section 167 Resource Legislation Amendment Act 2017 357B: Right of objection in relation to imposition of additional charges or recovery of costs There is a right of objection,— a: for a person required by a local authority to pay an additional charge under section 36(5) section 149ZD(1) ab: for a person required by the EPA to pay costs under section 149ZD(2) or (3) b: for a person required by the Minister to pay costs under section 149ZD(4) Section 357B inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357B(a) amended 19 April 2017 section 112 Resource Legislation Amendment Act 2017 Section 357B(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357B(ab) inserted 1 July 2011 section 13(1) Resource Management Amendment Act 2011 Section 357B(b) amended 1 July 2011 section 13(2) Resource Management Amendment Act 2011 357C: Procedure for making and hearing objection under sections 357 to 357B 1: An objection under section 357 357A 357B 2: A notice of objection must set out the reasons for the objection. 2A: A notice of an objection made under section 357A(1)(f) or (g) 3: In the case of an objection made under section 357 357A person or body to which the objection is made a: consider the objection within 20 working days; and b: if the objection has not been resolved, 4: In the case of an objection made under section 357B person or body to which the objection is made a: consider the objection as soon as reasonably practicable; and b: if the objection has not been resolved, Section 357C inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357C(1) replaced 1 October 2009 section 144(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(2A) inserted 18 October 2017 section 168 Resource Legislation Amendment Act 2017 Section 357C(3) amended 1 October 2009 section 144(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(3)(b) amended 4 September 2013 section 61 Resource Management Amendment Act 2013 Section 357C(4) amended 1 October 2009 section 144(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357C(4)(b) amended 4 September 2013 section 61 Resource Management Amendment Act 2013 357CA: Powers of hearings commissioner considering objection under section 357A(1)(f) or (g) 1: This section applies if a hearings commissioner is considering an objection made under section 357A(1)(f) or (g) see section 357AB 2: The hearings commissioner may do 1 or more of the following: a: require the person or body making the objection to provide further information: b: require the consent authority to provide further information: c: commission a report on any matter raised in the objection. 3: However, the hearings commissioner must not require further information or commission a report unless he or she considers that the information or report will assist the hearings commissioner to make a decision on the objection. Section 357CA inserted 18 October 2017 section 169 Resource Legislation Amendment Act 2017 357D: Decision on objections made under sections 357 to 357B 1: The person or body to which an objection is made under sections 357 to 357B a: dismiss the objection; or b: uphold the objection in whole or in part; or c: in the case of an objection under section 357B(a) section 36(5) 2: The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it. 3: In the case of an objection made under section 357A(1)(e) Section 357D inserted 10 August 2005 section 124 Resource Management Amendment Act 2005 Section 357D(1) amended 1 October 2009 section 145(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 357D(1)(c) amended 19 April 2017 section 113 Resource Legislation Amendment Act 2017 Section 357D(2) replaced 1 October 2009 section 145(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 358: Appeals against certain decisions or objections 1: Any person who has made an objection under section 357 or section 357A(1)(a), (d), (f), or (g) section 357B Environment Court 1A: However, appeals from the following objections are excluded: a: an objection under section 357A(1)(f) or (g) to (4) section 120(1A) b: an objection to an authority under section 357(2) c: an objection to an authority under section 357(3A) or (8) d: an objection to a board of inquiry under section 357(2) or (4) 2: Notice of an appeal under this section shall be in the prescribed form, stating the reasons for the appeal, and shall be lodged with the court section 357D(2) Environment Court 3: Any person lodging an appeal under this section shall ensure that a copy of the notice of appeal is served on the consent authority or local authority at the same time as the notice is lodged with the Environment Court 4: This section shall not apply to any person who has already exercised a right of appeal in respect of the same matter under section 120 Section 358(1) replaced 7 July 1993 section 162 Resource Management Amendment Act 1993 Section 358(1) amended 18 October 2017 section 170(1) Resource Legislation Amendment Act 2017 Section 358(1) amended 1 October 2009 section 146(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 358(1) amended 10 August 2005 section 125(1) Resource Management Amendment Act 2005 Section 358(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 358(1A) inserted 18 October 2017 section 170(2) Resource Legislation Amendment Act 2017 Section 358(1A)(a) amended 30 September 2020 section 100 Resource Management Amendment Act 2020 Section 358(2) amended 10 August 2005 section 125(2) Resource Management Amendment Act 2005 Section 358(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 358(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 359: Regional councils to pay rents, royalties, and other money received into Crown Bank Account All rents, royalties, and other sums of money which the holders of resource consents are, by virtue of any authorisation granted under section 161 section 360(1)(c) a: collect and receive from the holders of such resource consents in its region, all such rents, royalties, and other sums of money on behalf of the Crown; and b: pay that money into a Public Finance Act 1989 Section 359(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989 360: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the manner or content of applications, notices, or any other documentation or information as may be required under this Act: aa: prescribing the manner and content of forms for esplanade strips and access strips: ab: ac: prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required: b: prescribing the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, tenders, and operations, or other matters under this Act: baa: prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under section 281A i: assess a person’s ability to pay a fee; and ii: identify proceedings that concern matters of public interest: ba: prescribing those offences under this Act (including offences prescribed under paragraph (ho) or section 217M(1)(k) bb: prescribing infringement fees (which may be different fees for different offences)— i: not exceeding $2,000, in the case of a natural person, for an infringement offence prescribed under this subsection: ii: not exceeding $4,000, in the case of a person other than a natural person, for an infringement offence prescribed under this subsection: iii: not exceeding $100 per stock unit for each infringement offence prescribed under paragraph (ho) that is differentiated on the basis of the number of stock units, to a maximum fee of— A: $2,000 for each infringement offence in the case of a natural person; and B: $4,000 for each infringement offence in the case of a person other than a natural person: bc: prescribing, in relation to infringement offences against this Act, the form and content of infringement notices and reminder notices: c: prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents are liable to pay for— i: the occupation of the coastal marine area, to the extent that it is within the common marine and coastal area; and ii: the occupation of the bed of any river or lake that is land of the Crown; and iii: the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (i) or (ii); and iv: the use of geothermal energy: d: requiring the holders of water permits, discharge permits, coastal permits, or land use consents granted for any activity that would otherwise contravene section 13 da: prescribing the form and content (including conditions) of water permits and discharge permits: e: providing for any project or work to be a network utility operation for the purpose of section 166 f: prescribing the practice and procedure of the Environment Court court g: prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of Part 15 h: prescribing exemptions from any provision of section 15 , air, ha: deeming to be included in any regional coastal plan or proposed regional coastal plan rules that may apply generally or specifically and that may do all or any of the following: i: specify as controlled activities, restricted discretionary activities, section 15A ii: specify criteria to be considered in considering any application under section 88 section 15A section 127 section 128 hb: prescribing any substance to be a harmful substance for the purposes of section 2(1) hc: prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 15C hd: he: without limiting paragraph (d), in relation to any coastal permit to do something that otherwise would contravene section 15A Maritime New Zealand hf: prohibiting or permitting a discharge to which section 15B hg: prohibiting or permitting with or without conditions the making of a rule or the granting of a resource consent for a discharge to which section 15B hh: prescribing any operations of a ship, aircraft, or offshore installation as a normal operation: hi: prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in sections 41B to 41D hj: providing for discounts on administrative charges imposed under section 36 section 127 , or for decisions on activities permitted under section 87BA(1)(c) hk: prescribing, for the purposes of section 35(2) and (2AA) i: indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district: ia: matters by reference to which monitoring must be carried out: ii: standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored: hl: requiring local authorities to provide information gathered under sections 35 35A hm: prescribing, for the purposes of sections 87E 165ZFE 198C i: threshold amounts, which may differ for proposals of different types or in different locations; and ii: matters to which an authority is required to have regard in determining whether exceptional circumstances exist: hn: prescribing measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons i: apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle): ii: apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins coastal lakes and lagoons, and their margins iii: apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins iv: prescribe technical requirements for the purposes of the regulations (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting): ho: prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (hn): hp: prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by— i: local authorities: ii: the holders of resource consents: iii: other persons: hq: provide that, despite sections 68(2) 76(2) i: providing for any other such matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration. 2: Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice 2AA: 2A: No regulation shall be made under any of paragraphs (ha) to (he) of subsection (1) except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation. 2B: The Minister shall not recommend the making of any regulation under any of paragraphs (ha) to (hd) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that— a: it is necessary or desirable to do so for all or any of the following purposes: i: to implement New Zealand's obligations under any international convention, protocol, or agreement, relating to the protection of the marine environment and to which New Zealand is a party: ii: to enable New Zealand to become a party to any international convention, protocol, or agreement, relating to the protection of the marine environment: iii: to implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or b: it is not inconsistent with any such purpose to do so. 2C: The Minister may section 360(1)(hb) or (hc) 2D: Regulations made under subsection (1)(hf) and (hg) may apply— a: generally within New Zealand or to those areas of New Zealand specified in the regulations: b: generally to rules or resource consents, or to rules or resource consents made by the consent authorities specified in the regulations. 2E: Regulations may be made under section 360(1)(hm) 2F: Regulations made under subsection (1)(hn) or (ho) may specify— a: that rules inconsistent with those regulations be withdrawn or amended— i: to the extent necessary to remove the inconsistency; and ii: as soon as practicable after the date on which the regulations come into force; but iii: without using any of the processes under Schedule 1 b: in relation to a rule made before the commencement of the regulations,— i: the extent to which a matter that the regulations apply to continues to have effect; or ii: the period for which a matter that the regulations apply to continues to have effect. 2G: If regulations specify a matter under subsection (2F), the local authorities concerned must publicly notify that the rules have been withdrawn or amended not later than 5 working days after they are withdrawn or amended. 3: All regulations made under subsection (1)(g) that are still in force on the day that is 5 years after the date of commencement of this Act shall expire at the close of that day. 4: Regulations made under this section may incorporate material by reference. Schedule 1AA section 360 5: The following are secondary legislation ( see Part 3 a: regulations under subsection (1): b: a notice under subsection (2): c: an amendment under subsection (2C). 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) or (2C). Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (2C) 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 (2). Legislation Act 2019 requirements for secondary legislation made under subsection (2) 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 360(1)(aa) inserted 7 July 1993 section 163(1) Resource Management Amendment Act 1993 Section 360(1)(ab) repealed 1 October 2009 section 147(1) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(1)(ac) inserted 1 August 2003 section 88(1) Resource Management Amendment Act 2003 Section 360(1)(baa) inserted 19 April 2017 section 114(1) Resource Legislation Amendment Act 2017 Section 360(1)(ba) inserted 2 September 1996 section 19 Resource Management Amendment Act 1996 Section 360(1)(ba) amended 1 July 2020 section 101(1) Resource Management Amendment Act 2020 Section 360(1)(ba) amended 19 April 2017 section 114(2) Resource Legislation Amendment Act 2017 Section 360(1)(bb) replaced 1 July 2020 section 101(2) Resource Management Amendment Act 2020 Section 360(1)(bc) replaced 1 July 2020 section 101(2) Resource Management Amendment Act 2020 Section 360(1)(c) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 360(1)(da) inserted 19 April 2017 section 114(4) Resource Legislation Amendment Act 2017 Section 360(1)(f) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 360(1)(h) amended 7 July 1993 section 163(3)(a) Resource Management Amendment Act 1993 Section 360(1)(h) amended 7 July 1993 section 163(3)(b) Resource Management Amendment Act 1993 Section 360(1)(ha) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)(ha)(i) amended 1 August 2003 section 88(2) Resource Management Amendment Act 2003 Section 360(1)(hb) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)(hc) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)(hd) repealed 17 December 1997 section 60(1) Resource Management Amendment Act 1997 Section 360(1)(he) inserted 1 February 1995 section 26(2) Resource Management Amendment Act 1994 Section 360(1)(he) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 360(1)(hf) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)(hg) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)(hh) inserted 17 December 1997 section 60(2) Resource Management Amendment Act 1997 Section 360(1)(hi) inserted 10 August 2005 section 127 Resource Management Amendment Act 2005 Section 360(1)(hi) amended 18 October 2017 section 171(1) Resource Legislation Amendment Act 2017 Section 360(1)(hj) inserted 1 October 2009 section 147(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(1)(hj) amended 18 October 2017 section 171(2) Resource Legislation Amendment Act 2017 Section 360(1)(hk) replaced 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)(hk) amended 19 April 2017 section 114(5) Resource Legislation Amendment Act 2017 Section 360(1)(hk)(ia) inserted 19 April 2017 section 114(6) Resource Legislation Amendment Act 2017 Section 360(1)(hl) inserted 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)(hm) inserted 4 September 2013 section 62(1) Resource Management Amendment Act 2013 Section 360(1)(hn) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)(hn) amended 1 July 2020 section 101(3) Resource Management Amendment Act 2020 Section 360(1)(hn)(ii) amended 1 July 2020 section 101(4) Resource Management Amendment Act 2020 Section 360(1)(hn)(iii) amended 1 July 2020 section 101(4) Resource Management Amendment Act 2020 Section 360(1)(ho) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)(hp) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(1)(hq) inserted 19 April 2017 section 114(7) Resource Legislation Amendment Act 2017 Section 360(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 360(2A) inserted 1 February 1995 section 26(3) Resource Management Amendment Act 1994 Section 360(2AA) repealed 24 October 2019 section 130 Statutes Amendment Act 2019 Section 360(2B) inserted 1 February 1995 section 26(3) Resource Management Amendment Act 1994 Section 360(2C) inserted 17 December 1997 section 60(3) Resource Management Amendment Act 1997 Section 360(2C) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 360(2D) inserted 17 December 1997 section 60(3) Resource Management Amendment Act 1997 Section 360(2E) inserted 4 September 2013 section 62(2) Resource Management Amendment Act 2013 Section 360(2F) inserted 19 April 2017 section 114(9) Resource Legislation Amendment Act 2017 Section 360(2G) inserted 19 April 2017 section 114(9) Resource Legislation Amendment Act 2017 Section 360(4) inserted 1 October 2009 section 147(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 360(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 360A: Regulations amending regional coastal plans in relation to aquaculture activities 1: The Governor-General may, by Order in Council, amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area. 2: An amendment made under subsection (1)— a: becomes part of the operative plan as if it had been notified under clause 20 b: must not be inconsistent with, and is subject to, the other provisions of this Act (for example, subpart 1 c: may be amended— i: under this section; or ii: in accordance with Schedule 1 iii: under any other provision of this Act. 3: In this section and sections 360B 360C amend provisions a: omitting provisions (whether other provisions are substituted or not): b: adding provisions. 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 360A inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011 Section 360A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 360B: Conditions to be satisfied before regulations made under section 360A 1: Regulations must not be made under section 360A(1) 2: The Minister of Aquaculture must not make a recommendation unless the Minister— a: has first had regard to the provisions of the regional coastal plan that will be affected by the proposed regulations; and b: has consulted— i: the Minister of Conservation; and ii: other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and iii: any regional council that will be affected by the proposed regulations; and iv: the public and iwi authorities in accordance with subsection (3); and c: is satisfied that— i: the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and ii: the matters to be addressed by the proposed regulations are of regional or national significance; and iii: the regional coastal plan to be amended by the proposed regulations will continue to give effect to— A: any national policy statement; and B: any New Zealand coastal policy statement; and BA: a national planning standard; and C: any regional policy statement; and iv: the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard ; and d: has prepared an evaluation report for the proposed regulations in accordance with section 32 3: For the purposes of subsection (2)(b)(iv), the Minister of Aquaculture must— a: notify the public and iwi authorities of the proposed regulations; and b: establish a process that— i: the Minister of Aquaculture considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed regulations; and ii: requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and c: publicly notify the report and recommendation. 4: For the purposes of subsection (2)(b)(iv), the Minister is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations. Section 360B inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011 Section 360B(2)(c)(iii)(BA) inserted 19 April 2017 section 115 Resource Legislation Amendment Act 2017 Section 360B(2)(c)(iv) amended 3 December 2013 section 82(1) Resource Management Amendment Act 2013 Section 360B(2)(d) inserted 3 December 2013 section 82(2) Resource Management Amendment Act 2013 360C: Regional council's obligations As soon as practicable after regulations are made under section 360A(1) a: give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and b: amend the plan in accordance with the regulations— i: without using the process in Schedule 1 ii: by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force. Section 360C inserted 1 October 2011 section 57 Resource Management Amendment Act (No 2) 2011 360D: Regulations that prohibit or remove certain rules Section 360D repealed 1 July 2020 section 102 Resource Management Amendment Act 2020 360E: Procedures relevant to making rules under section 360D Section 360E repealed 1 July 2020 section 102 Resource Management Amendment Act 2020 360F: Regulations relating to administrative charges and other amounts 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of specifying the charges that a local authority is required to fix under section 36(1) see section 36(4) 2: Regulations made under this section— a: must not fix the amount to be charged by local authorities under section 36(1) b: may require local authorities— i: to fix charges for hearings commissioners determining plan changes or resource consent applications, in accordance with a delegation from the local authority under section 34A(1) ii: before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing: c: may require local authorities to fix charges for the functions referred to in section 36(1)(b) d: may require local authorities to fix charges listed in section 36(1) section 87BA 87BB 3: Regulations that relate to a function referred to in section 36(1)(b) a: must specify the class or classes of application in respect of which each charge is to be fixed; and b: must include a schedule of charges to be applied by local authorities, fixed on the basis of— i: the class of application; and ii: the complexity of the class of application to which the charges apply; and c: may specify a class or classes of additional charges that may apply. 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 360F inserted 19 April 2017 section 116 Resource Legislation Amendment Act 2017 Section 360F(2)(d) inserted 18 October 2017 section 172 Resource Legislation Amendment Act 2017 Section 360F(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 360G: Regulations relating to fast-track applications Section 360G repealed 1 July 2020 section 102 Resource Management Amendment Act 2020 360H: Regulations relating to notification of consent applications Section 360H repealed 1 July 2020 section 102 Resource Management Amendment Act 2020 361: Repeals and revocations 1: The enactments specified in Schedule 6 2: The regulations and orders specified in Schedule 7 3: Every Order in Council made under section 8A section 165 of the Harbours Act 1950 4: Every Proclamation made under section 132 of the Mining Act 1926 362: Consequential amendments The enactments specified in Schedule 8 363: Conflicts with special Acts Every local authority or other public body shall be guided, in the exercise of any function, power, or duty in relation to natural or physical resources imposed or conferred by any of the enactments specified in Schedule 9 15: Transitional provisions 364: Application of this Part This Part shall have effect notwithstanding the repeal of the enactments specified in Schedule 6 Schedule 7 Schedule 8 365: Meaning of permission In this Part, the term permission a: a consent within the meaning of the Town and Country Planning Act 1977 b: a licence under the Geothermal Energy Act 1953 section 9(1) of that Act section 11 of that Act c: a licence within the meaning of the Clean Air Act 1972 section 31 of that Act d: any of the following: i: a right in respect of water granted under section 21(3) of the Water and Soil Conservation Act 1967 section 58(2) of the Water and Soil Conservation Amendment Act 1988 ii: any authorisation in respect of water under section 21(2) section 21(2A) of that Act iii: any right referred to in section 21(1) of that Act iv: any right as expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954 Water and Soil Conservation Act 1967 v: vi: any damming of a river or stream, and diversion or taking of natural water, and any discharge of natural water into any other natural water, and any use of natural water referred to in section 31 of the Water and Soil Conservation Amendment Act 1973 vii: any right to dam, divert, take, discharge into, or use water granted under section 3 of the Clutha Development (Clyde Dam) Empowering Act 1982 viii: any right to take or use water granted under sections 4 or 5 of the Whakatane Paper Mills, Limited, Water Supply Empowering Act 1936 Whakatane Board Mills Limited Water Supply Act 1961 e: an approval by a territorial authority, under section 279 section 270 Section 365(d)(v) repealed 7 July 1993 section 164 Resource Management Amendment Act 1993 366: Effect of this Act on existing schemes, consents, etc Except as otherwise provided in this Part or in any regulations, from the date of commencement of this Act each of the following shall cease to have any effect: a: every proposed or operative regional planning scheme, maritime planning scheme, district scheme, and combined scheme under the Town and Country Planning Act 1977 b: every instrument referred to in section 368(2) section 370(2) c: every permission referred to in any of sections 383 to 387 402 d: every bylaw referred to in section 424(2) , (3), (4), or (8) e: every designation or requirement under the Town and Country Planning Act 1977 section 36 of the Historic Places Act 1980 f: every notice or direction under any of the following provisions: i: section 24D section 24G of the Water and Soil Conservation Act 1967 ii: section 35 g: every— i: current mining privilege within the meaning of section 2 of the Water and Soil Conservation Amendment Act 1971 ii: right granted under the Water and Soil Conservation Act 1967 section 18 of the Water and Soil Conservation Amendment Act 1971 Section 366(d) amended 7 July 1993 section 165 Resource Management Amendment Act 1993 367: Effect of regional planning schemes 1: Except as provided in subsection (2), every regional council and territorial authority, in carrying out any of its functions described in sections 30 31 section 24 of the Town and Country Planning Act 1977 Part 2 2: Subsection (1) shall cease to apply to a regional council or territorial authority once there is, in respect of the relevant region or district,— a: a proposed regional policy statement; and b: in the case of a region which includes a coastal marine area, an operative regional coastal plan (other than a regional coastal plan deemed to be constituted under section 370(1) Transitional regional plans 368: Existing notices, bylaws, etc, to become regional plans 1: Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region except in the coastal marine area immediately before the date of commencement of this Act, a regional plan (not being a regional coastal plan) shall be deemed to be constituted for that region, which plan shall— a: include as provisions of the plan such of those instruments as applied to that part of the region except in the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and b: be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Part. 2: The instruments to which subsection (1) applies are as follows: a: local water conservation notices published in the Gazette section 20H of the Water and Soil Conservation Act 1967 b: final water classifications notified under section 26F of the Water and Soil Conservation Act 1967 section 26E of that Act section 25(2)(b) of the Water and Soil Conservation Amendment Act (No 2) 1971 c: maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water, fixed under section 20J of the Water and Soil Conservation Act 1967 d: authorisations that have been notified under section 22 of the Water and Soil Conservation Act 1967 e: any bylaw made under— i: section 149 section 150 ii: section 34A of the Water and Soil Conservation Act 1967 section 4 of the Water and Soil Conservation Amendment Act 1973 iii: section 50 iv: section 24(2) section 55A of the Clean Air Act 1972 to the extent that the subject matter of the bylaw could be the subject matter of a regional rule: f: notices under section 34(2) g: the Clean Air Zone (Christchurch) Order 1977 clause 5G Clean Air Zones (Canterbury Region) Order 1984 clause 5 sections 2, 7, 8, 10, 15, 16(1), 16(2), 17, 19, and 20 1 and 2 of, the Clean Air Act 1972 Clean Air (Smoke) Regulations 1975 369: Provisions deemed to be regional rules 1: A provision that is deemed by section 368(1) a: authorises anything without further consent or approval being required from any person under any enactment, regulation, or order referred to in Schedules 6 7 8 b: authorises anything if the consent or approval of any person is obtained from any person under any enactment, regulation, or order referred to in Schedules 6 7 8 c: prohibits anything, or provides that it is an offence to do or omit to do anything, is deemed to be a regional rule having the effect of making an activity to which that act or omission relates a non-complying activity— and the provisions of this Act shall apply accordingly. 2: Notwithstanding subsection (1), a bylaw shall be deemed by subsection (1) to be a regional rule only if the regional council for the region concerned has publicly notified the relevant plan in accordance with section 376 3: Where provisions of a final water classification of the kind referred to in section 368(2)(b) section 368(1) 4: A consent authority may grant a discharge permit , or a coastal permit to do something that would otherwise contravene section 15 a: that exceptional circumstances justify the granting of the permit; or b: the discharge is of a temporary nature; or c: the discharge is associated with necessary maintenance work— and that it is consistent with the purpose of this Act to do so. 5: Without limiting section 113 6: In addition to any other conditions imposed under this Act, a permit granted pursuant to subsection (4)(a) or (b) shall include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of section 107(1) 7: Where provisions of an authorisation of the kind referred to in section 368(2)(d) section 368(1) 8: Where any provision of a bylaw of the kind referred to in section 368(2)(e)(i) section 368(2)(f) section 368(1) provided that, if the regional council considers special circumstances exist, it may, in its discretion, require any such application to be notified. 9: Where provisions of a notice of the kind referred to in section 368(2)(f) section 368(1) section 34(2) 10: Where the maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water fixed under section 20J of the Water and Soil Conservation Act 1967 section 368(1) a: a rule to the effect that no permit shall be granted in contravention of such provisions; and b: a rule to the effect that the exercise of existing consents shall be affected in accordance with section 68(7) 11: Where an order of the kind referred to in section 368(2)(g) section 368(1) a: authorise or prohibit the use, in a clean air zone, of any class of fuel specified in the notice; and b: authorise or prohibit the installation or use, in a clean air zone, of any class of fuel-burning equipment specified in the notice. 12: A regional plan deemed to be constituted under section 368 Schedule 1 13: Sections 357 to Section 369(4) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(4) amended 17 December 1997 section 61 Resource Management Amendment Act 1997 Section 369(5) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(6) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(7) replaced 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(8) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(9) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(10) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(11) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(12) inserted 7 July 1993 section 166 Resource Management Amendment Act 1993 Section 369(13) inserted 1 August 2003 section 89 Resource Management Amendment Act 2003 Section 369(13) amended 10 August 2005 section 126 Resource Management Amendment Act 2005 Transitional regional coastal plans 370: Existing notices, bylaws, etc, to become regional coastal plans 1: Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region within the coastal marine area immediately before the date of commencement of this Act, a regional coastal plan shall be deemed to be constituted for that region, which plan shall— a: include as provisions of the plan such of those instruments as applied to that part of the region within the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and b: be deemed to be operative from the date of commencement of this Act; and c: cease to be operative on the date upon which a regional coastal plan prepared in the manner set out in Schedule 1 2: The instruments to which subsection (1) applies are as follows: a: operative district schemes, combined schemes, and maritime planning schemes under the Town and Country Planning Act 1977 b: determinations of the Minister of Fisheries under section 4(2) of the Marine Farming Act 1971 Gazette section 4(4) of that Act c: instruments of the kinds referred to in section 368(2) d: declarations notified in the Gazette section 14E of the Marine Farming Act 1971 3: Where, in respect of the whole or any part of the coastal marine area of a region, any provision of a proposed district scheme, maritime planning scheme, or combined scheme, or any proposed change or variation or review Town and Country Planning Act 1977 4: Notwithstanding section 64(4) clause 21 a: the Minister of Conservation: b: the territorial authority for any district that is within or adjoins the relevant region. 5: However, subsection (4) does not apply to a plan change request made under subpart 4 Section 370(2)(d) inserted 7 July 1993 section 167(1) Resource Management Amendment Act 1993 Section 370(3) amended 7 July 1993 section 167(2) Resource Management Amendment Act 1993 Section 370(4) replaced 7 July 1993 section 167(3) Resource Management Amendment Act 1993 Section 370(5) inserted 1 October 2011 section 58 Resource Management Amendment Act (No 2) 2011 371: Provisions deemed to be regional rules 1: A provision of a district scheme or a combined scheme under the Town and Country Planning Act 1977 section 370 a: a regional rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977 b: a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977 c: a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977 and the provisions of this Act shall apply accordingly. 2: Any determination by the Minister of Fisheries described in section 370(2)(b) Marine Farming Act 1971 2A: Any declaration by the Minister of Fisheries described in section 370(2)(d) a: a controlled activity, when the person carrying on the activity requires exclusive occupation of the area specified in the determination; or b: a permitted activity, in every other case. 3: Except as provided in subsections (1) and (2), sections 368 369 a: a regional plan, were a reference to a regional coastal plan; and b: section 368(1) section 370(1) c: subject to section 370(4) section 65 section 64 d: a discharge permit, were a reference to a coastal permit to do something that would otherwise contravene section 15 4: Where any former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977 5: Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 section 378(1) Section 371 heading amended 7 July 1993 section 168 Resource Management Amendment Act 1993 Section 371(1)(c) replaced 7 July 1993 section 168(1) Resource Management Amendment Act 1993 Section 371(2A) inserted 7 July 1993 section 168(2) Resource Management Amendment Act 1993 Section 371(3)(c) replaced 7 July 1993 section 168(3) Resource Management Amendment Act 1993 Section 371(3)(d) inserted 7 July 1993 section 168(3) Resource Management Amendment Act 1993 Section 371(5) inserted 7 July 1993 section 168(4) Resource Management Amendment Act 1993 372: Power of Minister of Conservation to give directions relating to restricted coastal activities 1: Subject to subsection (3), the Minister of Conservation may, from time to time, having regard to the matters set out in paragraphs (a) and (b) of section 68(4) and such other matters as the Minister considers appropriate, direct a regional council, in accordance with subsection (2), to— a: treat any specified activity in the coastal marine area as a restricted coastal activity for the purposes of this Act, whether or not any regional coastal plan is deemed to be operative in that region under section 370 b: make any specified change to a regional coastal plan deemed to be operative under section 370 c: deal with any specified application for permission or for a coastal permit in respect of any activity in the coastal marine area as an application for a restricted coastal activity,— and the regional council shall forthwith comply with that direction accordingly. 2: A direction under subsection (1) shall be in writing, and shall be served on the relevant regional council. 3: A direction under subsection (1)— a: shall not affect any application for a permission or a coastal permit in respect of which the regional council has notified its decision; and b: shall not affect any other application for a permission or a coastal permit in respect of which the regional council has, before the date upon which the direction is served, fixed a commencement date for a hearing, which date is less than 6 working days after the date upon which the direction is served; and c: shall cease to have effect upon the date that a proposed regional coastal plan is made operative under clause 20 4: Upon receipt of a direction under subsection (1), the regional council so directed shall, as soon as reasonably practicable,— a: without using the process in Schedule 1 b: where the direction specifies that an application for a permission or for a coastal permit in respect of any activity in the coastal marine area shall be dealt with as an application for a restricted coastal activity, serve a copy of the direction on every applicant for that permission or coastal permit and every person who has made a submission in respect of that application; and c: give public notice of the direction, including a description of— i: any change to be made to any regional coastal plan; and ii: any application for permission or for a coastal permit specified in the direction. 5: Other provisions of this Act relating to the changing of a regional coastal plan do not apply to a change made in accordance with a direction given under subsection (1). 6: Subject to subsection (3), a direction given under this section shall take effect on the date that it is served, regardless of when the regional council makes any change to any regional coastal plan specified in the direction. 7: Until such time as a proposed regional coastal plan is notified in respect of a region, the Minister of Conservation may, from time to time, direct the relevant regional council as to— a: matters which the regional council shall have regard to in considering any application or class of applications for a coastal permit; and b: the conditions that should or should not be included in any coastal permit or class of coastal permits; and c: such other matters as the Minister thinks fit. 8: Subsections (2) and (3) shall apply to any directions given under subsection (7), except that those directions shall cease to have effect on the date that a proposed regional coastal plan is notified under clause 5 Section 372(3)(c) amended 1 August 2003 section 90 Resource Management Amendment Act 2003 Section 372(4)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Transitional district plans 373: Existing district and maritime schemes to become district plans 1: Where any operative district scheme or combined scheme or maritime planning scheme under the Town and Country Planning Act 1977 a: include as provisions of the plan such of the provisions of those schemes as apply to the district; and b: be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Act. 2: Where any proposed district scheme, combined scheme, or maritime planning scheme, or any change, review, or variation under the Town and Country Planning Act 1977 section 378 3: 4: Where, immediately before the date of commencement of this Act,— a: no operative district scheme, combined scheme, or maritime planning scheme under the Town and Country Planning Act 1977 b: no proposed district scheme, combined scheme, or maritime planning scheme, or proposed change or variation, under that Act has been publicly notified— in respect of any district, then, for the purposes of this Act every use of land Section 373(2) replaced 7 July 1993 section 169(1) Resource Management Amendment Act 1993 Section 373(3) repealed 7 July 1993 section 169(2) Resource Management Amendment Act 1993 Section 373(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 373(4) amended 7 July 1993 section 169(3) Resource Management Amendment Act 1993 374: Provisions deemed to be district rules 1: A provision of a district scheme or combined scheme that is deemed by section 373 a: a district rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977 b: a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977 c: a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977 and the provisions of this Act shall apply accordingly. 2: Where a former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977 3: Except as otherwise provided in subsection (1), a provision that is deemed by section 373 a: authorised anything without further consent or approval from the former consent authority being required, is deemed to be a district rule in respect of a permitted activity; or b: authorised anything if the consent or approval of the former consent authority was obtained, is deemed to be a district rule in respect of a discretionary activity; or c: prohibited anything, or provided that it was an offence to do or not to do anything, is deemed to be a district rule having the effect of making an activity to which the act or omission relates a non-complying activity,— and the provisions of this Act shall apply accordingly. 4: Where a plan or proposed plan or change is deemed to be constituted under section 373 a: is not specifically referred to in the plan; and b: immediately before the commencement of this Act, was subject to— i: controls, restrictions, or prohibitions and required the consent or approval of any person or body under any enactment or regulation referred to in Schedules 6 7 8 ii: any order, bylaw, or scheme or any other exercise of delegated authority (however described) and made or exercisable under any such enactment or regulation— which, because of the coming into force of this Act, can no longer be exercised or enforced— is a non-complying activity. 5: Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 section 378(1) Section 374(1)(c) replaced 7 July 1993 section 170(1) Resource Management Amendment Act 1993 Section 374(4) replaced 7 July 1993 section 170(2) Resource Management Amendment Act 1993 Section 374(5) inserted 7 July 1993 section 170(2) Resource Management Amendment Act 1993 375: Transitional provisions for public utilities 1: Subject to subsection (2), every district plan or any proposed district plan section 373 a: a rule that each of the following is a permitted activity throughout the district: i: transformers and lines for conveying electricity at a voltage up to and including 110 KV with a capacity up to and including 100 MVA: ii: household, commercial, and industrial connections to gas, water, drainage, and sewer pipes: iii: water and irrigation races, drains, channels, and pipes and necessary incidental equipment: iv: lines as defined by section 5 v: pipes for the distribution (but not transmission) of natural or manufactured gas at a gauge pressure not exceeding 2 000 kilopascals and necessary incidental equipment, including household connections and compressor stations: vi: pipes for the conveyance or drainage of water or sewage, and necessary incidental equipment including household connections: vii: lighthouses, navigational aids, and beacons; and b: a rule that each of the following is a discretionary activity throughout the district and shall be allowed upon the condition that the territorial authority is satisfied that the proposed location is suitable, namely: i: transformers and lines for conveying electricity at a voltage exceeding 110 KV and a capacity exceeding 100 MVA: ii: pipes for the transmission of natural or manufactured gas at a gauge pressure exceeding 2 000 kilopascals and necessary incidental equipment, including compressor stations. 2: The application of this section may be excluded or modified at any time in accordance with Schedule 1 3: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 375(1) amended 7 July 1993 section 171(1) Resource Management Amendment Act 1993 Section 375(1)(a)(iv) replaced 10 August 2005 section 128 Resource Management Amendment Act 2005 Section 375(2) replaced 7 July 1993 section 171(2) Resource Management Amendment Act 1993 Section 375(3) replaced 7 July 1993 section 171(2) Resource Management Amendment Act 1993 Provisions relating to all plans 376: Transitional plans to be notified and available The regional council or territorial authority of a region or district for which there is deemed to be a plan by virtue of any of sections 368 370 373 section 378 a: as soon as reasonably practicable, publicly notify the fact that as from the date of commencement of this Act the plan became operative and a description of the instruments or schemes whose provisions are included as provisions of that plan, and send a copy of the notice to every person and authority referred to in clause 5 b: keep in accordance with section 35 377: Obligation to review transitional plans 1: A local authority shall review a plan constituted under this Part and, subject to subsection (2), section 79 2: Where the plan includes any provisions of— a: a district scheme or combined scheme or a maritime planning scheme, section 79 section 79(1) and (2) section 59 or section 109(3) of the Town and Country Planning Act 1977 b: 2 or more district schemes or combined schemes or maritime planning schemes, section 79 section 79(1) and (2) section 59 or section 109(3) of the Town and Country Planning Act 1977 3: Where the plan includes any provisions of a district scheme, combined scheme, maritime planning scheme, or instrument that is deemed to have been completed and made operative under section 378 section 79 section 79(1) and (2) section 378 4: Subsections (1) and (2) are subject to subsection (3). 378: Proceedings in relation to plans 1: Subject to subsection (3), all proposed district schemes, combined schemes, and maritime planning schemes, and all changes and reviews, under the Town and Country Planning Act 1977 Town and Country Planning Act 1977 1A: Notwithstanding subsection (1), any local authority shall take into account the provisions of this Act in relation to any variation publicly notified on or after 28 May 1992. 1B: All variations to which subsection (1) applies, whether or not completed before the commencement of this subsection, are hereby validated and declared to have been lawfully commenced, notwithstanding that they may have been held invalid in any judicial proceedings before the commencement of this subsection. 1C: For the purposes of section 294 Environment Court 2: All proceedings relating to the preparation, amendment, review, or revocation of any instrument referred to in section 368(2) a: in cases where they have been wholly or partly heard, as if the enactments repealed by this Act continued in force; and b: in all other cases, as if they had been commenced under this Act which shall apply accordingly,— and all such proceedings, when completed, shall have effect under this Part after they have been completed as if they had been completed before the date of commencement of this Act. 3: Subject to section 427(7) Town and Country Planning Act 1977 4: Any person, who if this Act had not been enacted, had— a: a right of appeal to the High Court on a question of law; or b: a right to make any application for review— in respect of any proceedings to which subsection (1) or (2) applies shall continue to have that right, and that right may be exercised as if the enactments repealed by this Act continued in force. Section 378(1) replaced 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1A) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1B) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1C) inserted 7 July 1993 section 172 Resource Management Amendment Act 1993 Section 378(1C) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 379: Declarations Section 310 g: whether provisions of any instrument of a kind referred to in section 368(2) are deemed to constitute provisions of a plan under any of sections 368 and 370, and whether any such provision or any provision of a plan under section 373 is deemed by this Part to be a rule in respect of a permitted activity, a controlled activity, a discretionary activity, or a non-complying activity. Section 379 amended 7 July 1993 section 173 Resource Management Amendment Act 1993 Transitional notices, directions, etc 380: Existing notices which continue in effect Every notice given under any of the following enactments and that is in force immediately before the date of commencement of this Act shall continue to have effect, and the enactment under which it was given shall continue to apply, as if this Act had not been enacted: a: section 6 of the Noise Control Act 1982 b: section 77 of the Town and Country Planning Act 1977 c: section 94 of the Town and Country Planning Act 1977 d: section 177 of the Harbours Act 1950 e: section 29A of the Clean Air Act 1972 section 42 of that Act 381: Existing notices deemed to be abatement notices 1: Subject to subsection (2), every notice given under any of the following enactments that is in force (whether or not subject to any appeal) immediately before the date on which this Act commences shall be deemed to be an abatement notice served on a person under section 322 a: sections 24D and 24G of the Water and Soil Conservation Act 1967 b: section 35 2: Any right of appeal against a notice of a kind referred to in subsection (1) that exists at the date of commencement of this Act shall continue after that date as if the enactment giving that right continued in force. 382: Existing direction deemed to be excessive noise direction Every direction given under section 9(3) of the Noise Control Act 1982 section 327 382A: Return of property seized under Noise Control Act 1982 Any property seized and impounded under the provisions of section 7 or section 11 of the Noise Control Act 1982 section 328 Section 382A inserted 7 July 1993 section 174 Resource Management Amendment Act 1993 Transitional resource consents 383: Existing permissions to become land use consents Every permission— a: granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977 b: in force immediately before the date of commencement of this Act— shall be deemed to be a land use consent granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate territorial authority; and the provisions of this Act shall apply accordingly. 383A: Existing permissions to allow use of beds of lakes and rivers 1: Every Order in Council made under section 175 of the Harbours Act 1950 section 178(1)(b) or (2) of that Act section 13 2: Notwithstanding section 13 section 418(3), (3A), (3B), and (3C) section 13 3: Notwithstanding subsection (2), every resource consent deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the consent, at any time within 3 years after the date of commencement of this Act, to apply to the relevant regional council under section 127(1) Section 383A inserted 7 July 1993 section 175 Resource Management Amendment Act 1993 384: Existing permissions to become coastal permits 1: Every— a: permission granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977 b: licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950 section 175 of that Act section 178(1)(b) or (2) of that Act c: licence, permit, or authority granted under any Act that was, at the time of its enactment, a special Act within the meaning of the Harbours Act 1950 in respect of any area in the coastal marine area, being a permission, licence, permit, or authority in force immediately before the date of commencement of this Act, shall be deemed to be a coastal permit granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly. 2: Notwithstanding section 12 a: a permission referred to in subsection (1)(a); or b: a licence, permit, or approval referred to in subsection (1)(b); or c: a licence, permit, or authority referred to in subsection (1)(c); or d: a coastal permit granted by virtue of the operation of any of the provisions of sections 390 390A 390C 393 shall not thereby be authorised to carry out any activity referred to in section 12 3: Notwithstanding subsection (2), every coastal permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time until the proposed regional coastal plan is notified, to apply to the relevant regional council under section 127(1) 4: Notwithstanding section 127 5: This section applies subject to section 12 Section 384 replaced 7 July 1993 section 176 Resource Management Amendment Act 1993 Section 384(5) inserted 1 January 2005 section 21 Resource Management Amendment Act (No 2) 2004 384A: Right of port companies to occupy coastal marine area 1: Every port company which considers that— a: it had, on 30 September 1991, a right to occupy the coastal marine area adjacent to any port related commercial undertaking; and b: such occupation is required for any purpose associated with the operation and management of that undertaking— may, in consultation with the appropriate regional council, prepare a draft coastal permit to authorise that occupation. 2: Every such draft coastal permit shall state that it is to expire on the 30 September 2026 or such earlier date as the port company specifies. 3: Every such draft coastal permit shall identify the location to which it relates; and may identify the location by a plan attached to the draft permit. 4: The draft permit and any plan shall be forwarded to the Minister of Transport, along with written notice of any disagreements between the port company and regional council, and submissions by the port company and regional council on the disagreements, before 30 November 1993. 5: The Minister of Transport shall consider— a: the draft permit; and b: any disagreements; and c: the port company plan approved or determined under section 22 d: any other matter the Minister considers appropriate— to determine the extent to which a coastal permit authorising occupation is required to enable the port company to manage and operate the port related commercial undertakings acquired under the Port Companies Act 1988 6: Before making any determination under subsection (5), the Minister of Transport shall consult with the Minister of Conservation, the appropriate regional council, any territorial authority having jurisdiction in the area adjacent to the coastal marine area concerned, and the port company. 7: The Minister of Transport shall approve the draft coastal permit and any plan, with or without modification, but the proposed expiry date shall not be altered. 8: The Minister of Transport's decision, which shall be a coastal permit, shall be sent to the Minister of Conservation, the appropriate regional council, territorial authority, and port company before 31 March 1994; and that decision shall be final unless an application for review under the Judicial Review Procedure Act 2016 9: The appropriate regional council shall ensure that a record of the coastal permit, as decided by the Minister of Transport, is available to the public as required under section 35 10: Where— a: a regional council receives an application from any person, except a port company; and b: that application is for a coastal permit to occupy part of the coastal marine area which may be all or part of any area which a port company may have a right to occupy; and c: the written consent of the port company to the granting of the permit has not been obtained; and d: the Minister of Transport has not sent the regional council a decision on a coastal permit under subsection (8) relating to all or part of the area to which the application relates— the consent authority shall, notwithstanding any other provision, adjourn any consideration or hearing of the application until the Minister of Transport has sent his or her decision: provided that, where the application is made by a person who owns or has an interest in land immediately adjacent to the coastal marine area sought to be occupied, the application shall not be adjourned but shall in all cases be publicly notified. 11: For the purposes of this section— port company port related commercial undertaking section 2(1) 12: For the purposes of this Act, the consent authority for any coastal permit approved under this section is the regional council whose consent, but for this section, would normally be required. Section 384A inserted 7 July 1993 section 177 Resource Management Amendment Act 1993 Section 384A(8) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 384A(11) occupy repealed 1 January 2005 section 22 Resource Management Amendment Act (No 2) 2004 Section 384A(12) inserted 2 September 1996 section 20 Resource Management Amendment Act 1996 385: Existing clean air permissions to become discharge permits 1: Every permission granted under— a: section 25 of the Clean Air Act 1972 b: section 31 of that Act (or the corresponding provisions of any former enactment) that is in force immediately before the date of commencement of this Act shall be deemed to be a discharge permit granted under this Act on the same conditions (including those set in any enactment whether or not repealed by this Act) by the appropriate consent authority, and the provisions of this Act shall apply accordingly. 2: Without limiting subsection (1), every permission to which subsection (1) applies shall be deemed to include, as conditions of the permission, sections 25(7), 26(8), and 31 of the Clean Air Act 1972 3: Notwithstanding section 15 a: subsection (1)(a) does not authorise any person to do anything referred to in section 15 i: is also authorised by a discharge permit deemed to be granted by subsection (1)(b) or by virtue of the operation of section 391 or section 391A ii: immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(b): b: subsection (1)(b) does not authorise any person to do anything referred to in section 15 i: is also authorised by a discharge permit deemed to be granted by subsection (1)(a) or by virtue of the operation of section 391 section 391A ii: immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(a). 4: Notwithstanding subsection (2), every discharge permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act or until the date of expiry of the permit, whichever first occurs, to apply to the relevant regional council under section 127(1) 5: The date of expiry of any discharge permit deemed to be granted by subsection (1) shall be 1 year after the date on which the permission would have expired if this Act had not been passed. Section 385(2) replaced 7 July 1993 section 178(1) Resource Management Amendment Act 1993 Section 385(3)(a)(i) amended 7 July 1993 section 178(2) Resource Management Amendment Act 1993 Section 385(3)(b)(i) amended 7 July 1993 section 178(2) Resource Management Amendment Act 1993 386: Existing rights and authorities under Water and Soil Conservation Act 1967 1: Except as provided in subsections (2) to (7),— a: every right— i: granted under section 21(3) of the Water and Soil Conservation Act 1967 ii: deemed to be so granted by virtue of section 58(1) of the Water and Soil Conservation Amendment Act 1988 iii: referred to in subparagraph (vii) (in this section called an existing right b: every authority under section 21(2) or section 21(2A) of the Water and Soil Conservation Act 1967 existing authority c: every right— i: referred to in section 21(1) of that Act ii: expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954 iii: referred to in subparagraphs (vi) or (viii) of section 365(d) ; or iv: deemed to be granted under section 21(3) of the Water and Soil Conservation Act 1967 section 25(2)(d) of the Water and Soil Conservation Amendment Act (No 2) 1971 (in this section called an existing authority that is in force immediately before the date of commencement of this Act shall be deemed to be— d: a coastal permit, where it relates to a coastal marine area; or e: where it does not relate to a coastal marine area— i: a water permit, if it authorises something that would otherwise contravene section 14 ii: a discharge permit, if it authorises something that would otherwise contravene section 15 granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly. 2: Where a permit resulting from an existing right would, but for this subsection, not expire by the 35th anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the 35th anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration. 3: Where a permit resulting from an existing authority would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration. 4: No enforcement order may be made under section 319 section 316 5: No permit resulting from an existing authority shall be transferable from site to site. 6: The holder of a permit resulting from an existing authority may, in order to replace that permit, apply at any time under Part 6 7: Notwithstanding section 14(3)(a) a: does not authorise any person to take or use such geothermal water except where such taking or use is also authorised by— i: a water permit or coastal permit deemed to be granted by virtue of section 387 ii: a water permit or coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953 section 389 b: notwithstanding paragraph (a), shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act, to apply to the consent authority under section 127(1) Geothermal Energy Act 1953 8: Nothing in this section applies in respect of any mining privilege within the meaning of section 413(1) Section 386(1)(a)(iii) amended 7 July 1993 section 179(1) Resource Management Amendment Act 1993 Section 386(1)(c)(iii) amended 7 July 1993 section 179(2) Resource Management Amendment Act 1993 Section 386(1)(c)(iv) inserted 7 July 1993 section 179(3) Resource Management Amendment Act 1993 Section 386(2) replaced 7 July 1993 section 179(4) Resource Management Amendment Act 1993 Section 386(3) replaced 7 July 1993 section 179(4) Resource Management Amendment Act 1993 387: Existing geothermal licences and authorisations deemed to be water permits 1: Every licence under the Geothermal Energy Act 1953 section 11 of that Act Geothermal Energy Act 1953 a: within the coastal marine area, be deemed to be a coastal permit; and b: in every other case, be deemed to be a water permit— granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked) by the appropriate consent authority, and the provisions of this Act shall apply accordingly. 2: Notwithstanding section 14(3)(a) Part 6 section 386 3: Subject to subsection (2), where, for the purpose of taking or using geothermal water, a person holds— a: a permit referred to in subsection (1) or a water permit or a coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953 section 389 b: a water permit or coastal permit granted under Part 6 section 386 then the total amount of geothermal water which the holder of those permits shall be entitled to take or use pursuant to those permits shall be the lesser of the amounts specified in the respective permits. 4: From the date of commencement of this Act, the persons specified below shall be responsible for exercising any functions, powers, and duties in respect of the following conditions of, or provisions of the Geothermal Energy Act 1953 section 389 Geothermal Energy Act 1953 section 386(7)(b) a: conditions or provisions concerning occupational safety or health, the Minister of Energy: aa: refund or remission of rentals, the Minister: b: all other conditions and provisions, the consent authority concerned. 5: Clause 15(2) to (6) of Schedule 1 6: Where a permit resulting from a licence under the Geothermal Energy Act 1953 7: Where a permit resulting from a power or authorisation under section 11 of the Geothermal Energy Act 1953 Section 387(1) amended 7 July 1993 section 180(1) Resource Management Amendment Act 1993 Section 387(4)(aa) inserted 2 September 1996 section 21 Resource Management Amendment Act 1996 Section 387(5) replaced 1 October 1991 Crown Minerals Amendment Act 1991 Section 387(5) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 387(6) inserted 7 July 1993 section 180(2) Resource Management Amendment Act 1993 Section 387(7) inserted 7 July 1993 section 180(2) Resource Management Amendment Act 1993 388: Requirement to supply information 1: Every person who exercises a resource consent that is deemed to be granted under any of sections 384(1)(b) 385 386 387 413 2: The purpose for which information may be required under subsection (1) is to enable the consent authority to properly manage the resource affected by any such activity. 389: Existing applications 1: Where— a: an application had been made, before the date of commencement of this Act, for— i: a permission (other than a permission referred to in subsection (2)); or ii: a licence or permit under any of sections 146A, 156, 162, and section 165 of the Harbours Act 1950 b: the application had not been granted, declined, or withdrawn before the date of commencement of this Act; and c: if the permission, licence, or permit had been granted before the date of commencement of this Act it would have become a resource consent under any of sections 383 to 387 the application shall be deemed, for the purposes of section 88 sections 390 390A 390B 390C 2: This section shall not apply to any of the following: a: an application for approval of a scheme plan of subdivision (to which section 404 b: an application for an Order in Council to reclaim land or to carry out harbour works (to which section 393 c: an application for an approval or a licence within the meaning of the Clean Air Act 1972 sections 391 391A d: an application for a lease or licence Marine Farming Act 1971 section 397 Section 389 replaced 7 July 1993 section 181 Resource Management Amendment Act 1993 390: Application being heard 1: In any case where, in accordance with the enactment under which the application for a permission under section 389(1) 2: Where the effect of any determination under this section is that the permission, licence, or permit is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly. Section 390 replaced 7 July 1993 section 181 Resource Management Amendment Act 1993 390A: Appeals 1: All appeals to the Environment Court section 389(1)(a)(i) Environment Court 2: Where any applicant or other person had a right of appeal to the Environment Court a: in any case where a determination of an application for a permission of a kind described in section 389(1)(a)(i) b: in respect of a determination made under section 390 section 389(1)(a)(i) the applicant or other person may, notwithstanding the repeal or amendment of any enactment by this Act, continue to exercise that right; and any such appeal shall be continued and completed as if the relevant enactment so repealed or amended continued in force or continued in force without amendment, as the case may be. 3: Any person who, if this Act had not been enacted, had— a: a right of appeal on any question of law; or b: a right to make an application for review— in respect of any determination of any application or of the determination of any appeal, to which this section or section 389(1)(a)(i) 4: Where the effect of any determination made under this section is that the permission is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly. 5: For the purposes of this section, the term right of appeal Section 390A inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 Section 390A(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 390A(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 390B: Date on which application deemed to be made 1: Except as provided in section 390 section 389 section 390A a: on the date of commencement of this Act, where the person who is empowered to decide the application by the enactment under which the application was made remains the relevant consent authority; or b: without limiting section 399 2: Where, in respect of any application to which section 389(1) Section 390B inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 390C: Dealing with applications for permissions 1: Where an application to which section 389(1) a: the application shall not be notified under sections 95 to 95G b: any objection or submission in respect of the application that has been or is made in accordance with that public notification or advertisement, and which has not been withdrawn, shall be deemed to be a submission made under section 96 but otherwise the provisions of this Act shall apply in respect of the application. 2: Where the enactment under which the application to which section 389(1) notified under sections 95 to 95G 3: The granting or declining of an application to which section 389(1) a: constitutes the granting or declining of a resource consent of the appropriate kind under this Act, notwithstanding that all the requirements of this Act in relation to the application for, and determination of, resource consents may not have been complied with; and b: may be appealed against in accordance with this Act. Section 390C inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 Section 390C(1)(a) amended 4 September 2013 section 63 Resource Management Amendment Act 2013 Section 390C(1)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 390C(2) amended 4 September 2013 section 63 Resource Management Amendment Act 2013 Section 390C(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 390D: Timing for renewals 1: Where the holder of a permission, licence, permit, or order referred to in either section 389(1) section 389(2) approval section 124 2: Notwithstanding any other provision of this Act, for the purposes of subsection (1) the date of application shall be the date on which the application was lodged with the then appropriate consent authority, and not the date on which it was received by the relevant consent authority under this Act. Section 390D inserted 7 July 1993 section 181 Resource Management Amendment Act 1993 391: Applications for licences and approvals under Clean Air Act 1972 1: Where, before the date of commencement of this Act, an application has been made for— a: a licence within the meaning of the Clean Air Act 1972 b: an approval under section 31 of that Act and the application has not been granted, declined, or withdrawn before that date, the licensing authority shall, as soon as reasonably practicable, decide whether the application is to be dealt with after that date— c: by the licensing authority, in accordance with the Clean Air Act 1972 d: by the licensing authority, in accordance with the Clean Air Act 1972 section 104 e: by the appropriate consent authority, in accordance with this Act, as if the application had been made under this Act— and any such decision shall be final and not subject to appeal to, or review by, any court or the Environment Court 2: When making a decision for the purposes of subsection (1), the licensing authority shall have regard to— a: the progress made in consideration of the application; and b: any representations (whether written or not) made to the authority by the applicant and any other person as to the appropriate manner of dealing with the application— and shall also ensure that written notice of the decision and anything that the applicant is required to do as a result of the decision is served, as soon as reasonably practicable after the decision is made, on every person (including the applicant) whom the licensing authority considers should receive notice. 3: Where the licensing authority decides that the application should be dealt with in accordance with subsection (1)(e), the licensing authority shall as soon as reasonably practicable refer the application, and all information relevant to it, to the relevant consent authority and, for the purposes of section 88 4: The granting of an application to which subsection (1) applies in accordance with this section— a: constitutes the granting of a discharge permit under this Act, notwithstanding that all requirements of this Act in relation to applications for, and granting of, discharge permits may not have been complied with; and b: may be appealed against in accordance with this Act accordingly. 5: A person who, if this Act had not been enacted, had— a: a right of appeal; or b: a right to make any application for review— in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right. 6: In this section, licensing authority section 2(1) of the Clean Air Act 1972 Section 391(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 391A: Resource consents following approval under Clean Air Act 1972 1: Where— a: before the date of commencement of this Act, any person has obtained an approval under section 31 of the Clean Air Act 1972 section 25 of the Clean Air Act 1972 b: that person makes an application for a resource consent to discharge any contaminant into air from those premises— then the consent authority may grant a discharge permit to the approval holder under the provisions of subsection (2) if the consent authority is satisfied that— c: the plant and equipment has been installed within the scheduled premises in accordance with the approval; and d: the conditions proposed in the approval as to the construction of the plant and equipment have all been met by the applicant; and e: the approval is subject to conditions of operation; and f: every local authority affected by an application to which subsection (2) applies has received at least 10 working days' opportunity to comment on or seek variation to any of those conditions, and that such local authorities have not sought any variation to the conditions of approval within that time; and g: the conditions of operation contained in the approval are appropriate and adequate. 2: Where the provisions of subsection (1) are satisfied, the consent authority shall determine the application in accordance with the following provisions: a: the application shall not be notified under sections 95 to 95G b: the consent authority shall not hold a hearing in terms of section 100 c: any discharge permit granted under this section shall expire 1 year after the date on which it commences; and d: in all other respects the application shall be determined by the consent authority in accordance with the provisions of this Act. Section 391A inserted 7 July 1993 section 182 Resource Management Amendment Act 1993 Section 391A(2)(a) amended 4 September 2013 section 64 Resource Management Amendment Act 2013 Section 391A(2)(a) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 392: Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air Section 392 expired 1 October 1994 393: Applications for Orders in Council to reclaim land and approval for harbour works 1: Where, before the date of commencement of this Act, an application has been made under the Harbours Act 1950 a: for an Order in Council under section 175(2) or section 175(3) of that Act section 175 of that Act b: for approval under section 178(1)(b) or (2) then the application shall be deemed to be an application for a coastal permit for such reclamation or harbour works and— c: the Minister or Ministers shall as soon as practicable— i: endorse on every such application the date on which it was made; and ii: refer every such application and all information relevant to it to the relevant regional council; and d: for the purposes of this Act (but without limiting section 399 e: in the case of an application for approval to carry out harbour works in respect of which— i: an Order in Council under section 175(2) or section 175(3) of the Harbours Act 1950 ii: before the date of commencement of this Act, under section 33 or section 102A or section 110 of the Town and Country Planning Act 1977 iii: the harbour works the subject of the application are, at the date of commencement of this Act, a permitted use under the provisions of any operative maritime planning scheme under the Town and Country Planning Act 1977 the application shall not be notified under sections 95 to 95G f: notwithstanding paragraph (e), where the harbour works the subject of any such application are a restricted coastal activity (including a restricted coastal activity the subject of a direction in accordance with section 372 sections 117 to 119A 2: The granting of an application to which subsection (1) applies in accordance with this section— a: constitutes the granting of a resource consent of the appropriate kind under this Act notwithstanding that all requirements of this Act in relation to applications for, and the granting of, resource consents may not have been complied with; and b: may be appealed against in accordance with this Act accordingly. 3: A person who, if this Act had not been enacted, had— a: a right of appeal; or b: a right to make any application for review— in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right. 4: Where, before the date of commencement of this Act,— a: the Governor-General had authorised the reclamation of land by Order in Council under section 175(2) or (3) of the Harbours Act 1950 b: the Chief Surveyor had approved the survey plan as referred to in section 175B(4) of the Harbours Act 1950 then, notwithstanding anything in this Act, the Governor-General may vest the land in the grantee of the authority to reclaim (or any successor), by Order in Council under the Harbours Act 1950 Section 393(1)(b) amended 7 July 1993 section 184(1) Resource Management Amendment Act 1993 Section 393(1)(e) replaced 7 July 1993 section 184(2) Resource Management Amendment Act 1993 Section 393(1)(e) amended 4 September 2013 section 65 Resource Management Amendment Act 2013 Section 393(1)(e) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 393(1)(f) inserted 7 July 1993 section 184(2) Resource Management Amendment Act 1993 Section 393(4) inserted 7 July 1993 section 184(3) Resource Management Amendment Act 1993 394: Transitional provisions relating to setting aside of esplanade reserves on reclamation Section 394 repealed 7 July 1993 section 185 Resource Management Amendment Act 1993 395: Applications for works, etc, in coastal marine area Section 395 repealed 1 October 2009 section 148 Resource Management (Simplifying and Streamlining) Amendment Act 2009 396: Applications for marine farming in coastal marine area Section 396 repealed 1 January 2005 section 23 Resource Management Amendment Act (No 2) 2004 396A: Notification of lapsing, cancellation, or surrender of coastal permit for marine farming Section 396A repealed 1 January 2005 section 24 Resource Management Amendment Act (No 2) 2004 396B: Notification of rule change affecting marine farming Section 396B repealed 1 January 2005 section 25 Resource Management Amendment Act (No 2) 2004 397: Existing applications for marine farming leases Section 397 repealed 1 January 2005 section 26 Resource Management Amendment Act (No 2) 2004 398: Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries Section 398 repealed 1 January 2005 section 27 Resource Management Amendment Act (No 2) 2004 399: Applications received on same day Where— a: in accordance with section 390B(2) section 393(1)(c)(ii) section 397(2)(b) b: those applications do not relate to the same proposal and were not made by the same person; and c: the granting of one of those applications would mean that it would be likely that any other of those applications would not be granted or, if granted, would be granted on conditions that would not otherwise be imposed and which would be less favourable to the interests of the relevant applicant— the consent authority shall process and determine those applications under this Act in a sequence commencing with the application which, in accordance with any of those provisions, is endorsed with the earliest date, and ending with the application so endorsed with the latest date, and this Act shall apply accordingly. Section 399(a) amended 7 July 1993 section 190 Resource Management Amendment Act 1993 400: Applications under Marine Farming Act 1971 for prohibited anchorages, etc 1: Where, immediately before the date of commencement of this Act, an application has been made under section 28(1) of the Marine Farming Act 1971 a: the application shall be determined under the Marine Farming Act 1971 b: if the controlling authority grants the application, then notwithstanding the repeal of section 28 of that Act 2: Where, immediately before the date of commencement of this Act, any part of a lease or licence under the Marine Farming Act 1971 section 28(4) of that Act section 28 of that Act section 28 3: After the date of commencement of this Act, those functions that were exercisable by a controlling authority under section 28(5) of the Marine Farming Act 1971 401: Conditions of deemed resource consents Where the conditions of any permission that is deemed to be a resource consent by virtue of any of sections 383 to 387 section 413 401A: Transitional coastal occupation charges 1: Where a person is occupying the coastal marine area, either as a holder of a resource consent or as a result of permitted activity in a plan, there is implied a condition that that person must, from the commencement of this section until a regional coastal plan or plan change is operative which contains either a charging regime or a statement to the effect that no regime may be introduced or 30 June 2007 section 360(1)(c) 2: Any money received by the regional council under subsection (1) may be used only for the purpose of promoting the sustainable management of the coastal marine area. 3: Where a regional council prepares or changes a regional coastal plan or proposed regional coastal plan in the period from the commencement of this section until the expiry date section 64A 4: Where no provision for coastal occupation charges has been made in a regional coastal plan or proposed regional coastal plan by the expiry date on or after the expiry date section 64A 5: In this section, expiry date section 59 Section 401A inserted 17 December 1997 section 62 Resource Management Amendment Act 1997 Section 401A(1) amended 1 January 2005 section 28(1) Resource Management Amendment Act (No 2) 2004 Section 401A(3) amended 1 October 2011 section 59(1) Resource Management Amendment Act (No 2) 2011 Section 401A(4) amended 1 October 2011 section 59(2)(a) Resource Management Amendment Act (No 2) 2011 Section 401A(4) amended 1 October 2011 section 59(2)(b) Resource Management Amendment Act (No 2) 2011 Section 401A(5) inserted 1 October 2011 section 59(3) Resource Management Amendment Act (No 2) 2011 401B: Obligation to pay coastal occupation charge deemed condition of consent In every coastal permit that— a: authorises the holder to occupy any part of the common marine and coastal area; and b: was granted in the period commencing on 1 October 1991 and ending on the date a regional coastal plan containing provisions in accordance with section 64A there is implied a condition that the holder must at all times throughout the period of the permit pay to the relevant regional council any sum of money required to be paid (if any) by that regional coastal plan. Section 401B inserted 17 December 1997 section 62 Resource Management Amendment Act 1997 Section 401B(a) replaced 19 April 2017 section 117 Resource Legislation Amendment Act 2017 Subdivision and development 402: Existing subdivision approvals 1: Nothing in section 11 Part 10 a: an approval under section 279 b: an approval under section 305 2: Parts 20 21 3: For the purposes of subsection (1), an approval under section 279 a: that there exists a right of objection under section 299 section 300 section 301 b: that any such right of objection or that any such right of appeal has been exercised by any person. 403: Existing objections and appeals in relation to subdivisions 1: Nothing in section 11 Part 10 a: the territorial authority has refused to approve a scheme plan of subdivision under sections 274 279(1)(f) b: a right of objection under section 299 section 300 2: Parts 20 21 404: Existing applications for approval Where an application for approval of a scheme plan of subdivision has been made under section 275 section 279 a: to be an application for a subdivision consent under this Act and shall be dealt with accordingly; and b: to have been received by the territorial authority on the date of commencement of this Act. 405: Transitional provisions for subdivisions 1: For the purpose of subsections (2) and (3), the term district plan section 373 Town and Country Planning Act 1977 2: Notwithstanding anything in section 374(3) or (4) a: every subdivision of land that is contrary to the provisions of the district plan shall be deemed to be a non-complying activity in respect of that plan; and b: every subdivision of land which is subject to a discretion contained in the provisions of that district plan relating to the approval or refusal of a subdivision of land is deemed to be a discretionary activity in respect of that plan; and c: every other subdivision of land shall be deemed to be a controlled activity in respect of that plan. 3: Notwithstanding the provisions of subsection (2) or any provisions in a district plan, a subdivision of land to be effected by a grant of a cross lease or a company lease, or by the deposit of a unit plan, is deemed— a: to be a controlled activity in respect of a district plan— i: if the building or part of a building in respect of which the cross lease or company lease is to be granted; or ii: if the units on the unit plan to be deposited— is or are intended to be used solely or principally for residential or commercial or industrial purposes, or any 2 or more such purposes; and b: to be a non-complying activity in respect of a district plan in every other case. 4: The application of this section may be excluded or modified at any time in accordance with Schedule 1 5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 405 replaced 7 July 1993 section 191 Resource Management Amendment Act 1993 405A: Transitional provisions for esplanade reserves where land subdivided or road stopped 1: Subject to subsections (3) and (4) and with the consent of the Minister of Conservation, on any road stopped under the Local Government Act 1974 in respect of any allotment of less than 4 hectares, a territorial authority may impose a condition a: the esplanade reserve required to be set aside under section 230 section 345(3) b: section 230 section 345(3) c: that, instead of an esplanade reserve, an esplanade strip of any width specified may be created under section 232 2: On every application for a subdivision consent, a territorial authority shall consider the purposes of esplanade reserves and esplanade strips in section 229 section 230 3: Before including a condition described in subsection (1)(a) for a reduction in width in a subdivision consent, the territorial authority shall be satisfied that the value of the esplanade reserve, in terms of the purposes specified in section 229 4: Before including a condition described in subsection (1)(b) in a subdivision consent, the territorial authority shall be satisfied that— a: notwithstanding section 229 b: the land has little or no value in terms of the purposes specified in section 229 c: any value the land has in terms of the purposes specified in section 229 5: The provisions of Part 10 6: Any declaration or decision under section 289(7) section 77 7: Where any action taken pursuant to a declaration or decision which is deemed to be a district rule under subsection (6) was taken before the commencement of this subsection, that action is hereby validated and declared to have been lawfully carried out. 8: The application of this section may be excluded or modified at any time in accordance with Schedule 1 9: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 405A inserted 7 July 1993 section 191 Resource Management Amendment Act 1993 Section 405A(1) amended 17 December 1997 section 63 Resource Management Amendment Act 1997 406: Grounds of refusal of subdivision consent 1: Notwithstanding anything to the contrary in Parts 6 10 a: may refuse to grant i: the land in respect of which the subdivision is proposed is not suitable; or ii: the proposed subdivision would not be in the public interest: b: may refuse to grant a subdivision consent if in the case of any allotment in respect of which a subdivision consent is sought, adequate provision has not been made or is not practicable— i: for stormwater drainage; or ii: for the disposal of sewage; or iii: except in the case of any allotment to be used solely or principally for rural purposes, for the supply of water or electricity. 2: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 406(1)(a) amended 1 August 2003 section 91 Resource Management Amendment Act 2003 Section 406(2) inserted 7 July 1993 section 192 Resource Management Amendment Act 1993 407: Subdivision consent conditions 1: Where an application for a subdivision consent is made in respect of land for which there is no district plan, or where the district plan does not include relevant provisions of the kind contemplated by section 108(2)(a) 220(1)(a) sections 283 285 286 291 321A 322 2: For the purposes of subsection (1), every reference in sections 283 285 286 291 321A 322 a: to an application for the approval of a scheme plan, shall be deemed to be a reference to an application for a resource consent; and b: to an allotment on a scheme plan, shall be deemed to be a reference to the allotments in respect of which a subdivision consent is sought. 3: Notwithstanding the limitation on the imposition of conditions in section 105(1) section 405 sections 108 220 4: This section applies to applications for subdivision consent in respect of every kind of subdivision of land within the meaning of section 218(1) 5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 407(1) amended 17 December 1997 section 64 Resource Management Amendment Act 1997 Section 407(3) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993 Section 407(4) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993 Section 407(5) inserted 7 July 1993 section 193 Resource Management Amendment Act 1993 408: Existing approvals for unit plans, cross lease plans, and company lease plans 1: Nothing in section 11 Part 10 a: to the deposit of a unit plan, or to the issue of a record of title section 32(2)(a) b: to the deposit of a plan to give effect to the registration of a cross lease, or to the issue of a record of title section 314 c: to the deposit of a plan to give effect to the grant of a company lease, or to the registration or issue of a record of title 2: Nothing in section 224(f) Section 408(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(1)(a) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 408(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(1)(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 408(2) inserted 1 July 1992 Building Act 1991 409: Financial contributions for developments 1: Subject to section 410 section 108(2)(a) a: any condition described in any of sections 283 289 291 292 321A 322 section 281 section 294B b: any requirement that could have been imposed in respect of a development under section 294 2: For the purposes of subsection (1)— a: every reference in sections 283 289 291 292 321A 322 i: to an application for the approval of a scheme plan, shall be deemed to be a reference to an application for a resource consent; and ii: to the approval of a scheme plan, shall be deemed to be a reference to a grant of a resource consent; and b: every reference in section 294 section 293 2A: For the purposes of subsection (1)(b), section 294 section 294(1) of that Act and the assessed value of the development is not in excess of $50 million 3: For the purposes of this section and sections 410 411 development section 271A 4: Where a district plan or proposed district plan has been deemed to be constituted by section 373 section 374(3)(a) notified under sections 95 to 95G 5: This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 Section 409(1) amended 17 December 1997 section 65 Resource Management Amendment Act 1997 Section 409(2A) inserted 7 July 1993 section 194(1) Resource Management Amendment Act 1993 Section 409(4) inserted 7 July 1993 section 194(2) Resource Management Amendment Act 1993 Section 409(4) amended 4 September 2013 section 66 Resource Management Amendment Act 2013 Section 409(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 409(5) inserted 7 July 1993 section 194(2) Resource Management Amendment Act 1993 410: Existing developments Parts 20 21 section 293(1) 411: Restriction on imposition of conditions as to financial contributions 1: A consent authority shall not impose a condition of the type contemplated by section 108(2)(a) section 270 2: Where financial contributions under Part 20 21 section 223F Section 411(1) amended 17 December 1997 section 66 Resource Management Amendment Act 1997 Section 411(2) inserted 7 July 1993 section 195 Resource Management Amendment Act 1993 412: Expiry of certain sections Section 412 repealed 7 July 1993 section 196 Resource Management Amendment Act 1993 Current mining privileges relating to water 413: Current mining privileges to become deemed permits 1: Except as provided in subsections (2) to (10), every— a: current mining privilege within the meaning of section 2 of the Water and Soil Conservation Amendment Act 1971 b: right granted or authorised under the Water and Soil Conservation Act 1967 that is in force immediately before the date of commencement of this Act (in this section and in sections 414 to 417 mining privilege c: a water permit, if it authorises something that would otherwise contravene section 14 d: a discharge permit, if it authorises something that would otherwise contravene section 15 or e: a permit that confers on its holder rights over land in respect of which the holder is not the owner,— granted by the appropriate consent authority under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) and the provisions of this Act (other than sections 128 to 133 deemed permit sections 414 to 417 2: Without limiting subsection (1), every deemed permit resulting from a mining privilege shall be deemed to include, as conditions of the permit, such of the provisions of sections 4 to 19(1) and (5) 3: Every deemed permit resulting from a mining privilege under subsection (1)(c) or (d) 3A: Subject to subsection (3), sections 19(4) and 23(1)(b) of the Water and Soil Conservation Amendment Act 1971 4: Sections 12 and 30 to 32 of the Water and Soil Conservation Amendment Act 1971 a: that Act had not been repealed; and b: those permits were still current mining privileges under that Act; and c: every reference to the Board were a reference to the appropriate regional council. 5: Notwithstanding section 122 a: subject to sections 136 137 b: no dealing or disposition of a kind referred to in paragraph (a) shall have effect until written notice of the dealing or disposition is received by the appropriate regional council. 6: No enforcement order may be made under section 319 section 316 a: the relevant regional council; or b: a Minister of the Crown. 7: The holder of a deemed permit may, in order to replace that permit, apply at any time under Part 6 8: Subject to subsection (9), the holder of a deemed permit may transfer the holder's interest in the permit in accordance with sections 136 137 9: The following provisions apply to a permit that is deemed by subsection (1)(c) to be a water permit: a: notwithstanding section 136(2)(b)(i) section 136(4) b: notwithstanding anything to the contrary in section 136(5) i: shall be subject to section 122 ii: shall be subject to sections 128 to 132 iii: shall only be transferable in accordance with section 136 c: in addition to the matters set out in section 136(4)(b) d: for the purposes of this subsection, the term transfer section 136 transferred transferable 10: Section 18 of the Water and Soil Conservation Amendment Act 1971 Section 413(1)(d) amended 7 July 1993 section 197(1) Resource Management Amendment Act 1993 Section 413(1)(e) inserted 7 July 1993 section 197(2) Resource Management Amendment Act 1993 Section 413(2) amended 7 July 1993 section 197(3)(a) Resource Management Amendment Act 1993 Section 413(2) amended 7 July 1993 section 197(3)(b) Resource Management Amendment Act 1993 Section 413(3) amended 7 July 1993 section 197(4) Resource Management Amendment Act 1993 Section 413(3A) inserted 7 July 1993 section 197(5) Resource Management Amendment Act 1993 Section 413(9)(c) replaced 7 July 1993 section 197(6) Resource Management Amendment Act 1993 Section 413(9)(d) inserted 7 July 1993 section 197(6) Resource Management Amendment Act 1993 414: Deemed permits to be subject to regional rules 1: A regional council may, in accordance with section 65 a: restricting the amount of water which the holder of a particular deemed permit may— i: take, use, dam, or divert; or ii: discharge, or discharge a contaminant into; or b: prohibiting the holder of a particular deemed permit from— i: taking, using, damming, or diverting water; or ii: discharging water, or a contaminant into water,— if— c: the holder of that deemed permit is— i: the relevant regional council; or ii: a person who requests the regional council to include such a rule in a plan; and d: that deemed permit is to be surrendered when the plan including the rule becomes operative; and e: the regional council is satisfied that the effect of the rule on the exercise of the rights given by every other deemed permit will not exceed the effect that exercising to the full the rights given by the particular deemed permit that is to be surrendered would otherwise have had. 2: Subsection (1) applies— a: notwithstanding any other provisions of this Act; and b: notwithstanding the conditions of the deemed permit which will be surrendered once the plan including the rule becomes operative. 3: If a rule of the kind referred to in subsection (1) is included in a plan, the deemed permit shall be deemed to have been surrendered on the day on which the rule becomes operative, notwithstanding any other enactment or rule of law. 4: Notwithstanding sections 65(5) 79(3) 5: For the purposes of subsection (4), the period commences on the date on which the plan including the rule becomes operative and ends with the date on which the deemed permit would have expired if it were not surrendered, which end date shall be specified in the plan. 6: Every regional council shall— a: when giving public notice, in accordance with Schedule 1 b: serve on each holder of a deemed permit which will be affected by the rule if it becomes operative, a notice— i: identifying the deemed permit which will be surrendered once the plan including the rule becomes operative; and ii: stating the proposed rule and the effect of the rule and this section on the holder's permit; and iii: stating the effect of section 416 7: In this section, deemed permit 415: Acquisition of deemed permits 1: Notwithstanding sections 136 137 a: as a public work under the Public Works Act 1981 b: by agreement or otherwise. 2: Notwithstanding section 413(9)(b)(i) Public Works Act 1981 section 416(4) 416: Compensation 1: No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413 2: Notwithstanding section 85 a: taken or acquired in whole or in part under section 415 b: whose estate or interest in land is injuriously affected by, or who suffers any damage resulting from, a regional rule of the kind referred to in section 414 shall be entitled to compensation from the regional council for such taking, acquisition, injurious affection, or damage. 3: When determining for the purposes of subsection (2)(b) the amount of any loss, damage, or injurious affection suffered by a holder of a deemed permit, the entitlement of a holder of any other deemed permit that is surrendered at the time the rule becomes operative shall be regarded as being used in full throughout the remainder of the duration of the first-mentioned permit. 4: Except as provided in subsection (3),— a: claims for compensation under this section or under section 415 Public Works Act 1981 b: when determining the amount of compensation payable under the Public Works Act 1981 i: for the purposes of section 62 section 414 ii: for the purposes of that Act, the deemed permit shall be deemed to be due to expire on the 30th anniversary of the specified date. 417: Permits over land other than that of holders to be produced in Land Transfer Office 1: Where, immediately before the date of commencement of this Act, a mining privilege that is deemed to be a permit under section 413(1)(e) a: may continue to exercise those rights, and the provisions of this section shall apply accordingly; and b: may, at any time, obtain from the relevant regional council, for the purpose of registration against any record of title under the Land Transfer Act 2017 2: Every such certificate shall be in writing and— a: have affixed to it the common seal of the consent authority; and b: specify the rights which the holder of the permit has by virtue of subsection (1)(a) and the parcel or parcels of land affected (including the file reference); and c: have endorsed on the certificate or refer to a diagram or plan attached to the certificate (which need not be a survey plan), showing the course of any race and, as the case may be, the site of any dam and the boundaries of any part of the land which the permit specifies as being affected except that, where it is not practicable to show the true course or site or part of the land, it shall be indicated as nearly as possible, and, until the contrary is proved, the course or site or part of the land so indicated shall be deemed to be the true course, site, or boundaries, as the case may be. 3: No action shall lie against the Crown under subpart 3 of Part 2 4: Every such certificate shall be deemed— a: to be an instrument capable of registration under the Land Transfer Act 2017 section 51 b: when so registered, to be binding on any registered owner 5: Without limiting subsection (1), any certificate registered under this section may be transferred by the holder of the deemed permit, or any permit issued in substitution for it, to the person to whom such permit is transferred, by means of a transfer instrument Land Transfer Act 2017 6: Where any certificate is produced to the Registrar-General of Land Registrar-General of Land record of title Registrar-General of Land's 7: Nothing in the Land Transfer Act 2017 Registrar-General of Land 8: If the land affected by subsection (1) or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908 Section 417(1) amended 7 July 1993 section 198(1) Resource Management Amendment Act 1993 Section 417(1)(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 417(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(4)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(4)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(5) replaced 7 July 1993 section 198(2) Resource Management Amendment Act 1993 Section 417(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(6) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 417(7) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417(8) inserted 7 July 1993 section 198(3) Resource Management Amendment Act 1993 Section 417(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Existing uses 417A: Uses of lakes and rivers not restricted by section 9 1: Notwithstanding section 374(4) section 9(3) and (4) a: unless the activity is specifically referred to, and is controlled or restricted or prohibited by a rule, in a district plan or proposed district plan deemed to be constituted under section 373 b: until a district plan or proposed district plan prepared under Schedule 1 1A: Nothing in subsection (1) shall apply to any commercial activity (being an activity that has, or has the potential to have, as its sole purpose or a related purpose the production of assessable income) carried out in the district of the Queenstown-Lakes District Council. 1B: The application of subsection (1) or subsection (1A) may be excluded or modified at any time in accordance with Schedule 1 2: Where any activity is lawfully carried out in any lake or river or on the surface of any lake or river in accordance with a licence or other authorisation granted pursuant to an application made before 1 October 1991 under any Act, regulation, or bylaw, including an Act, regulation, or bylaw amended, repealed, or revoked by this Act, section 9(3) and (4) 3: Where any activity undertaken in any lake or river or on the surface of any lake or river— a: is authorised by a licence, permit, or authorisation granted pursuant to an application made under any bylaw continued in force by any provision of subsections (1) to (9) of section 424; or b: is, by virtue of section 424(10) section 9(3) and (4) Section 417A inserted 7 July 1993 section 199 Resource Management Amendment Act 1993 Section 417A(1) replaced 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(1) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417A(1A) inserted 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(1B) inserted 2 September 1996 section 22(1) Resource Management Amendment Act 1996 Section 417A(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 417A(3) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 418: Certain existing permitted uses may continue 1: For the purposes of this Act, section 15(1)(c) Clean Air Act 1972 1A: Notwithstanding subsection (1), for the purposes of this Act, section 15(1)(c) 1B: For the purposes of this Act, section 15(1)(d) 1C: Notwithstanding subsection (1B), for the purposes of this Act, section 15(1)(d) a: the discharge is expressly allowed by a rule in a proposed regional plan; or b: an application for a permit to discharge the contaminant has been lodged with the regional council. 2: For the purposes of this Act, section 14(2)(b) and (c) section 6 or section 9(1)(b) or section 9(1)(c) of the Geothermal Energy Act 1953 3: For the purposes of this Act, section 13(1) 3A: For the purposes of this Act (except where section 383A section 13(1) 3B: Notwithstanding section 13(1)(a) 3C: For the purposes of this Act, each regional plan under section 368 section 13(1)(a) or (b) section 2(1A) of the Telecommunications Act 1987 a: will not cause or contribute to the occurrence of— i: any significant change to the movement of water or sediment in the river or lake; or ii: any erosion or natural hazard; or iii: any adverse effect to the bed of the river or lake; and b: will not adversely affect the carrying out of any other lawful activity in respect of the river or lake. 3D: Every rule deemed to be included in a regional plan by subsection (3C) shall apply until a regional plan provides otherwise. 4: Without limiting subsection (2), where, immediately before the date of commencement of this Act,— a: heat or energy from geothermal water; or b: heat or energy from the material surrounding any geothermal water— was being lawfully taken or used, and such taking or use did not require any licence, permit, or other authorisation under the Geothermal Energy Act 1953 section 14(2)(b) and (c) 5: For the purposes of this Act, where, immediately before the date of commencement of this Act, any person holds any permit or dispensation granted under— a: a bylaw made under section 149 section 150 b: a bylaw made under section 34A c: a bylaw made under section 4 of the Water and Soil Conservation Amendment Act 1973 that permit or authorisation shall not be deemed to be a resource consent but that person may, subject to its conditions, continue to undertake the activity authorised by that permit or authorisation within a region until whichever is the sooner of— d: the date on which a regional plan for that region provides otherwise; or e: the date on which the permit or authorisation expires. 6: Notwithstanding section 12 a: there is in force— i: any licence, permit, Order in Council, or approval which is deemed by section 384(1) ii: any lease described in section 425(1) b: any activity was or was proposed to be carried out by or on behalf of the holder of that coastal permit, lease, or licence and such activity could have been lawfully commenced and continued in the coastal marine area under section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977 such activity may be continued or commenced at any time after the date of commencement of this Act and continued until— c: the expiry of the coastal permit, lease, or licence; or d: where section 124 e: a rule is included in a regional coastal plan prepared under this Act which provides that the activity is a controlled activity, a restricted discretionary activity, whichever occurs last. 6A: For the purposes of this Act, where, in respect of any mooring existing before 1 October 1991, no licence or permit was held which could be deemed to be a coastal permit under section 384(1) section 12(2)(a) 6B: For the purposes of this Act, section 12(1) and (2) 6C: For the purposes of this Act, section 12(2)(a) section 173(f) of the Harbours Act 1950 7: Except as provided in subsection (6), section 12 section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977 a restricted discretionary activity, 8: For the purposes of this Act, section 14(2)(a) 9: For the purposes of this Act, section 14(2)(a) Section 418(1) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(1A) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(1B) replaced 17 December 1997 section 67(1) Resource Management Amendment Act 1997 Section 418(1C) replaced 2 September 1996 section 23(1) Resource Management Amendment Act 1996 Section 418(2) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(3) replaced 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3A) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3B) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3C) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(3C) amended 20 December 2001 section 159(8) Telecommunications Act 2001 Section 418(3D) inserted 7 July 1993 section 200(2) Resource Management Amendment Act 1993 Section 418(4) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(4) amended 7 July 1993 section 200(3) Resource Management Amendment Act 1993 Section 418(5)(b) amended 7 July 1993 section 200(4) Resource Management Amendment Act 1993 Section 418(6)(a)(ii) amended 1 January 2005 section 30(1) Resource Management Amendment Act (No 2) 2004 Section 418(6)(e) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 418(6A) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(6A) amended 2 September 1996 section 23(3) Resource Management Amendment Act 1996 Section 418(6B) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(6C) inserted 7 July 1993 section 200(5) Resource Management Amendment Act 1993 Section 418(7) amended 1 August 2003 section 95 Resource Management Amendment Act 2003 Section 418(8) inserted 7 July 1993 section 200(6) Resource Management Amendment Act 1993 Section 418(8) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 418(9) inserted 7 July 1993 section 200(6) Resource Management Amendment Act 1993 Section 418(9) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 419: Certain discharges affected by water classifications 1: Where— a: provisions of a final water classification of the kind referred to in section 368(2)(b) section 368(1) section 370(1) b: immediately before the date of commencement of this Act, in respect of any receiving water to which those provisions apply, any discharge of waste within the meaning of the Water and Soil Conservation Act 1967 section 26K(2) of that Act any person so authorised shall, subject to subsection (2), continue to be so authorised for the same period, to the same extent, and subject to the same conditions, pending that person's application for a resource consent to discharge such waste into the receiving water and the determination of any appeals in respect of that application. 2: Any person authorised under subsection (1) to continue any discharge of waste shall cease to be so authorised upon the second anniversary of the date of commencement of this Act unless by that anniversary that person has made an application under this Act to the relevant regional council for a resource consent to discharge such waste. 3: This section shall apply notwithstanding anything to the contrary in this Act. 420: Designations and requirements continued 1: Where, immediately before the date of commencement of this Act,— a: a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977 b: a requirement has been made under section 118 of that Act the designation or requirement shall, to the extent that it has effect within a coastal marine area, cease to have such effect but shall be deemed to be a coastal permit for the public work or project or work to which the designation or requirement relates which takes effect on the date of commencement of this Act, and the provisions of this Act shall apply accordingly. 2: Except as provided in subsection (1), where, immediately before the date of commencement of this Act,— a: a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977 section 175 b: a requirement has been made under section 118 of that Act using the process in Schedule 1 section 175 and the person responsible for the designation shall be deemed to be a requiring authority for that designation; 3: For the purposes of section 184 and section 184A 4: 5: Where a designation is included in a district plan under subsection (2)(a) or (2)(b) in respect of a project or work that is not a work of a local authority or Minister of the Crown, the designation shall remain in force until the plan is made operative, and shall then lapse unless the person responsible for the project or work has been approved as a requiring authority in respect of that project or work under section 167 5A: All notices given, before the commencement of this subsection, under section 183 6: The person responsible for a project or work referred to in subsection (5) may, in accordance with section 167 7: Except as provided in subsection (1), every requirement made under section 43 or section 118 of the Town and Country Planning Act 1977 a: to the extent that the requirement has effect within the coastal marine area, shall be deemed to be withdrawn: b: except as provided in paragraph (a), shall be deemed to be a requirement that has been notified under section 168 section 422 8: Subsection (7) applies whether or not the requirement is the subject of any proceedings before a territorial authority, the Environment Court Section 420(2) amended 7 July 1993 section 201(1) Resource Management Amendment Act 1993 Section 420(2)(b) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 420(3) amended 17 December 1997 section 68(1) Resource Management Amendment Act 1997 Section 420(4) repealed 17 December 1997 section 68(2) Resource Management Amendment Act 1997 Section 420(5) replaced 7 July 1993 section 201(3) Resource Management Amendment Act 1993 Section 420(5A) inserted 7 July 1993 section 201(3) Resource Management Amendment Act 1993 Section 420(8) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 421: Protection notices to become heritage orders 1: The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 section 125B(10) of the Town and Country Planning Act 1977 a: to the extent that the notice has effect within the coastal marine area, the notice shall be deemed to be cancelled: b: except as provided in paragraph (a), the notice shall be deemed to be a heritage order included in the relevant district plan, and the provisions of this Act shall apply accordingly. 2: The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 section 125B(10) of the Town and Country Planning Act 1977 a: to the extent that the notice has effect within a coastal marine area, the notice shall be deemed to be withdrawn: b: except as provided in paragraph (a),— i: in a case where a territorial authority has an obligation under section 125B(10) of that Act using the process in Schedule 1 section 192 ii: in any other case, the notice shall be deemed to be a requirement for a heritage order that has been notified under section 189 section 422 3: Subsection (2)(a) shall apply whether or not the notice is the subject of any proceedings before a territorial authority, the Environment Court Section 421(2)(b)(i) amended 1 October 2009 section 150 Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 421(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 422: Procedure for requirements for designations and protection notices 1: This section applies to requirements and notices of the kinds referred to in sections 420(7)(b) 421(2)(b)(ii) 2: Where, before the date of commencement of this Act, a local authority has been notified of or served with a requirement or notice to which this section applies, and on the date of commencement of this Act, any hearing involved in the territorial authority's consideration of the requirement or notice— a: has commenced, the territorial authority shall proceed with that consideration and make its recommendation accordingly as if this Act had not been enacted: b: has not commenced, the territorial authority shall deal with the requirement or notice as if it were a requirement for a designation or heritage order, as the case may be, and the provisions of this Act shall apply accordingly. 3: Except as provided in subsection (2), a territorial authority that has been notified of or served with a requirement or notice to which this section applies shall, as soon as reasonably practicable after the date of commencement of this Act, decide whether the requirement or notice is to be dealt with after that date— a: in accordance with the Town and Country Planning Act 1977 b: in accordance with this Act as if the requirement or notice were a requirement for a designation or heritage order, as the case may be; or c: partly in accordance with that Act and otherwise in accordance with this Act,— and any such decision shall be final and not subject to appeal to or review by any court or the Environment Court 4: When making a decision for the purposes of subsection (3), the territorial authority shall comply with any regulations and also shall have regard to any representations made to it by the person who made the requirement or gave the notice, or any other person, as to the appropriate manner of dealing with the requirement or notice. 5: Every territorial authority that makes a decision under subsection (3) shall ensure that written notice of— a: the decision; and b: anything that the person who made the requirement or gave the notice is required to do as a result of the decision— is served as soon as reasonably practicable after the decision is made on every person (including the person who made the requirement or gave the notice) whom the territorial authority considers should receive notice. 6: Any territorial authority's recommendation in respect of a requirement or a notice to which this section applies, made in accordance with this section, and any decision by— a: a Minister of the Crown or a local authority; or b: the New Zealand Historic Places Trust constituted under the Historic Places Act 1993 in respect of that recommendation, shall have effect according to its tenor notwithstanding that all requirements of this Act in relation to designations and heritage orders and requirements therefor may not have been complied with, and any such decision may be appealed against in accordance with this Act accordingly. 7: A person who, if this Act had not been enacted, has a right of appeal under section 118(7) or section 125B(8) of the Town and Country Planning Act 1977 8: Any appeal to the Environment Court a: under section 118(7) of the Town and Country Planning Act 1977 b: under section 125B(8) of that Act c: under subsection (7)— shall be continued and completed— d: where the appeal has been wholly or partly heard, as if the enactments repealed by this Act continued in force; and e: in every other case, as if the appeal had been commenced under this Act, which shall apply accordingly. Section 422(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 422(6)(b) amended 1 July 1993 section 118(1) Historic Places Act 1993 Section 422(8) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 423: National water conservation orders 1: A national water conservation order made under section 20D of the Water and Soil Conservation Act 1967 section 214 2: Where, before the date of commencement of this Act, an application for a water conservation order has been made under section 20A of the Water and Soil Conservation Act 1967 a: the application has not been publicly notified under section 20B of that Act section 201 b: the application has been publicly notified under section 20B of that Act i: the provisions of the Water and Soil Conservation Act 1967 ii: the provisions of that Act as if this Act had not been enacted, but having regard to the matters set out in sections 199 207 iii: this Act as if the application had been made under this Act,— and shall ensure that written notice of the decision is served as soon as reasonably practicable on every person (including the applicant) whom the Minister considers should receive notice. Any such decision by the Minister shall be final and not subject to appeal to, or review by, any court or the Environment Court 3: Any person who, if this Act had not been enacted, would have had a right under section 20C(1) of the Water and Soil Conservation Act 1967 section 20B(7)(a) section 20B(7)(c) of that Act 4: All inquiries by the Environment Court section 20C of the Water and Soil Conservation Act 1967 Water and Soil Conservation Act 1967 Section 423(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 423(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Miscellaneous provisions 424: Savings as to bylaws 1: Every bylaw described in section 368(2)(e) a: the bylaw is publicly notified as a provision of a regional plan for the purposes of section 369(2) section 376 b: the expiry of 3 years whichever is the earlier, and shall then expire. 2: Every bylaw made under the Harbours Act 1950 a: any Harbour Board (within the meaning of that Act) paragraphs (4), (7), (34), (34A), (36), (37), (38), (41), (42), and (44) of section 232 of that Act b: any public body (within the meaning of that Act) under section 8A of that Act and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the regional council for the region to which the bylaw relates and shall continue in force within that area until the expiry of 8 years 3: Every bylaw made under the Harbours Act 1950 a: any Harbour Board (within the meaning of that Act) paragraphs (4), (7), (34), (37), (38), (41), (42), and (44) of section 232 of that Act b: any public body (within the meaning of that Act) under section 8A or section 165(2) of that Act and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the territorial authority for the area to which the bylaw relates and shall continue in force within that area until the expiry of 8 years 4: Except as provided in subsection (3), every bylaw made under section 165 or section 232(36) of the Harbours Act 1950 8 years 5: Subject to subsection (6)— a: every bylaw referred to in subsections (2) and (4) may from time to time be altered or revoked by the regional council; and b: every bylaw referred to in subsection (3) may from time to time be altered or revoked by the territorial authority— for the region or area to which the bylaw relates, in the manner provided in section 681 6: The alteration under subsection (5) of any bylaw referred to in subsections (2), (3), and (4) shall not come into force until the alteration has been approved by the Minister of Conservation and the Minister of Transport, jointly, by notice in the Gazette 7: Sections 233, 234(2), 235, 236, 237, and 239 of the Harbours Act 1950 8: Where, immediately before the date of commencement of this Act, there was in force any bylaw (in this subsection called a former bylaw section 3 of the Lakes District Waterways (Shotover River) Empowering Act 1985 section 427 Harbours Act 1950 Harbours Act 1950 9: A local authority that has functions, powers, and duties under any bylaw referred to in any of subsections (2), (3), (4), and (8) may, while the bylaw is in existence, transfer any 1 or more of those functions, powers, or duties to another public authority in accordance with section 33 10: The Water Recreation Regulations 1979 section 232(42) of the Harbours Act 1950 11: Where a proposed regional coastal plan has been notified and any inconsistencies arise between the provisions of that proposed plan and the bylaws under subsection (2) or subsection (4) Section 424(1)(b) amended 7 July 1993 section 202(1) Resource Management Amendment Act 1993 Section 424(2) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(3) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(4) amended 2 September 1996 section 24(1) Resource Management Amendment Act 1996 Section 424(8) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(9) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(10) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(11) inserted 7 July 1993 section 202(2) Resource Management Amendment Act 1993 Section 424(11) amended 2 September 1996 section 24(2) Resource Management Amendment Act 1996 425: Leases, licences, and other authorities under Harbours Act 1950 1: Every lease made under section 154 of the Harbours Act 1950 2: Notwithstanding anything to the contrary in this Act, section 124 3: Except as provided in section 384(1) a: every licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950 b: every Order in Council made under section 175 of that Act c: every approval granted under section 178(1)(b) or (2) shall, notwithstanding the amendment of that Act by this Act, continue in force after the date of commencement of this Act on the same conditions and with the same effect as if that Act had not been so amended. 4: This section applies subject to section 12 Section 425(3)(c) amended 7 July 1993 section 203 Resource Management Amendment Act 1993 Section 425(4) inserted 1 January 2005 section 31 Resource Management Amendment Act (No 2) 2004 425A: Functions and powers in respect of activities on or in Lake Taupo 1: Nothing in this Act shall have the effect of giving any local authority any power, duty, function, or control in respect of any activity on or in Lake Taupo where that power, duty, function, or control was exercised, at the date of commencement of this Act, by— a: the Minister of Internal Affairs; or b: the Minister of Transport; or c: the Lake Taupo Harbourmaster; or d: the Secretary for Local Government; or e: the Secretary for Internal Affairs— under any of the enactments referred to in subsection (2). 2: The enactments to which subsection (1) applies are as follows: a: the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 b: the Harbours Act 1950 c: the Shipping and Seamen Act 1952 d: the General Harbour (Nautical and Miscellaneous) Regulations 1968 e: the Lake Taupo Regulations 1976 f: the Water Recreation Regulations 1979 g: the Shipping (Distress Signals and Prevention of Collisions) Regulations 1988 h: the Water Recreation (Waikato River Outlet, Lake Taupo) Notice 1983 ( Gazette i: the Water Recreation (Waikato River Outlet, Lake Taupo) Notice 1983, No 2 ( Gazette j: any other regulation or notice made under the Harbours Act 1950 3: For the purposes of this section, Lake Taupo lake in the Lake Taupo Regulations 1976 Section 425A inserted 7 July 1993 section 204 Resource Management Amendment Act 1993 426: Leases and licences executed under Marine Farming Act 1971 Section 426 repealed 1 January 2005 section 32 Resource Management Amendment Act (No 2) 2004 427: Deemed transfer of powers to former public bodies 1: This section shall apply notwithstanding anything to the contrary in section 33 2: Where, before the date of commencement of this Act,— a: any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 section 8A or section 165 of that Act b: the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections— then, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred those functions, powers, and duties that are described in subsection (4) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer. 3: Where, before the date of commencement of this Act,— a: any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 section 8A or section 165 of that Act b: the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections— then, on the date of commencement of this Act, the relevant territorial authority shall be deemed to have transferred those functions, powers, and duties that are described in subsection (5) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer. 4: Subject to subsection (8), the regional council shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (2)— a: the full power to do anything under every bylaw referred to in section 424(2) and (4) b: the full power and duty to enforce every such bylaw— in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950 5: Subject to subsection (8), the relevant territorial authority shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (3)— a: the full power to do anything under every bylaw referred to in section 424(3) b: the full power and duty to enforce every such bylaw— in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950 6: Where, immediately before the date of commencement of this Act, any combined committee within the meaning of section 40A of the Town and Country Planning Act 1977 a: the relevant regional council shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the coastal plan deemed to be operative under section 370 b: the relevant territorial authority shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the district plan deemed to be operative under section 373 other than the power to approve any changes to the plan. 7: Where, immediately before the date of commencement of this Act,— a: any proposed district scheme, maritime planning scheme, or combined scheme under the Town and Country Planning Act 1977 b: any such proposed scheme or change to or variation or review of any such scheme relates solely or in part to the whole or any part of the coastal marine area of a region— then, subject to subsection (8), in respect of any such proposed scheme, change, variation, or review, or part thereof, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred all functions, powers, and duties that are described in section 378 c: the approval of the relevant scheme or change; and d: any decision to approve or to withdraw any such scheme or change— to the territorial authority or combined committee (as the case may be) which, before the date of commencement of this Act, was responsible for such proposed scheme, change, variation, or review (and who shall be deemed to have accepted the transfer), for a period commencing on the date of commencement of this Act and ending on the date such scheme, change, variation, or review is completed and becomes operative in accordance with section 378(1) 8: The provisions of section 33 a: in the case of a transfer made under subsection (2)— i: the regional council shall continue to have the power to change or revoke that transfer; and ii: the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time: b: in the case of a transfer made under subsection (3)— i: the territorial authority shall continue to have the power to change or revoke that transfer; and ii: the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time: c: in the case of a transfer made under subsection (6)— i: the regional council shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the regional coastal plan under section 370 ii: the territorial authority shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the district plan under section 373 iii: the combined committee shall have the power to relinquish the transfer at any time: d: in the case of a transfer made under subsection (7)— i: the regional council shall continue to have the power to change or revoke that transfer; and ii: the territorial authority shall have the power to relinquish the transfer at any time— as if the transfer was made under section 33 9: This section does not limit the powers of the regional council or territorial authority under section 33 10: In this section, public body public bodies acting jointly Harbour Board sections 2(1), 8A(12)(a), and 165(10) of the Harbours Act 1950 Section 427(2)(a) amended 7 July 1993 section 206 Resource Management Amendment Act 1993 428: Environment Court 1: The person who, immediately before the commencement of this Act, held office as the Principal Environment Judge Environment Court section 251 2: Each person who, immediately before the commencement of this Act, held office as an Environment Judge Environment Judge Environment Court section 250 3: Each person who, immediately before the commencement of this Act, held office as a member (other than an Environment Judge Environment Court Environment Commissioner Deputy Environment Commissioner Environment Court section 254 Section 428 heading replaced 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 428(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 428(1) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 428(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 428(2) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)(b) Resource Management Amendment Act 1996 Section 428(3) amended 2 September 1996 section 6(2)(c) Resource Management Amendment Act 1996 429: Savings as to compensation claims Where, immediately before the date of commencement of this Act, any claim for compensation under any enactment repealed by this Act has been or could be made, that claim may be made or continued and enforced in all respects as if this Act had not been enacted. 430: Savings as to court proceedings Except as expressly provided in this Act, nothing in this Act shall affect the rights of any party to any proceedings commenced in any court on or before the commencement of this Act. 431: Obligation to prepare draft New Zealand coastal policy statement within 1 year 1: The Minister of Conservation shall, in accordance with this Act and within 1 year after the date of commencement of this Act, publicly notify a proposed 2: The Minister of Conservation shall not, if he or she complies with subsection (1), be in breach of section 57 Section 431 heading amended 7 July 1993 section 207 Resource Management Amendment Act 1993 Section 431(1) amended 7 July 1993 section 207 Resource Management Amendment Act 1993 432: Obligation to prepare regional policy statements and coastal plans within 2 years 1: Every regional council shall, in accordance with this Act and within 2 years after the date of commencement of this Act, publicly notify a proposed regional policy statement for its region. 1A: Every regional council shall, in accordance with this Act, publicly notify, by 1 July 1994, a proposed regional coastal plan or plans for its region. 2: A regional council that complies with subsection (1) shall not be in breach of section 60 section 64 Section 432(1) replaced 7 July 1993 section 208 Resource Management Amendment Act 1993 Section 432(1A) inserted 7 July 1993 section 208 Resource Management Amendment Act 1993 433: Collection of water management charges All charges fixed by special order made under section 24K of the Water and Soil Conservation Act 1967 16: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013 Part 16 repealed 19 April 2017 section 118 Resource Legislation Amendment Act 2017 434: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013 Section 434 repealed 19 April 2017 section 118 Resource Legislation Amendment Act 2017

DLM248241

1991

Education Amendment Act (No 2) 1991

1: Short Title and commencement 1: This Act may be cited as the Education Amendment Act (No 2) 1991, and shall be read together with and deemed part of the Education Act 1989 2: Except as provided in section 2(4) 2: Parent Advocacy Council dissolved 1: The Parent Advocacy Council established by section 49(1) 2: All rights, assets, liabilities, and debts that the said council had immediately before the commencement of this section shall be deemed to have become the rights, assets, liabilities, and debts of the Minister of Education. 3: The following enactments are hereby consequentially repealed: a: Part 6 Schedule 4 b: Section 14 4: This section shall come into force on the 1st day of October 1991. 3: Staff 1: This subsection substituted section 65 2: The following provisions are hereby repealed: a: This paragraph repealed section 137(e) and (f) b: This paragraph repealed section 315 c: Sections 16 27 4: Boards may borrow money 1: This subsection substituted section 67(1) 2: Section 18(1) 5: Grants for Boards 1: These subsections substituted section 79 section 4A 2: Subsection (2) repealed section 3(3)(b) Education Amendment Act (No 4) 1991 3: Section 13 6:

DLM128767

1988

Stamp and Cheque Duties Amendment Act (No 2) 1988

1: Short Title and commencement 1: This Act may be cited as the Stamp and Cheque Duties Amendment Act (No 2) 1988, and shall be read together with and deemed part of the Stamp and Cheque Duties Act 1971 2: This Act shall come into force on the 17th day of March 1988. 2: 3: Stamp duty payable 1: This subsection substituted s 10 2: The repeal of section 10 of the principal Act by subsection (1) 4: 5: 6: 7:

DLM131682

1988

Port Companies Act 1988

1: Short Title and commencement 1: This Act may be cited as the Port Companies Act 1988. 2: Except as provided in section 45(2) 2: Interpretation 1: In this Act, unless the context otherwise requires,— council-controlled organisation Local Government Act 2002 debt security section 8 directorate equity security section 8 financial statements a: group financial statements within the meaning of section 7 Financial Reporting Act 2013 b: if the port company does not have any subsidiaries, financial statements within the meaning of section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 Harbour Board Schedule 1 instrument a: includes— i: any instrument of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities, or would do so if it or a copy of it were lodged, filed, or registered under any Act; and ii: any judgment, order, or process of a court; but b: does not include any Act of Parliament liabilities Minister port company Companies Act 1955 section 4 Company Law Reform (Transitional Provisions) Act 1994 port company plan section 22 port related commercial undertaking a: means the property and rights of the Harbour Board that— i: relate to the activities of commercial ships and other commercial vessels, and commercial hovercraft and commercial aircraft, or to the operation of facilities on a commercial basis for ships, vessels, hovercraft, and aircraft of any kind; or ii: facilitate the shipping or unshipping of goods or passengers; and b: without limiting the generality of paragraph (a), includes— i: the provision by a Harbour Board of any building or facility wherever situated for use in connection with the handling, packing, or unpacking of goods for shipping or unshipping through any port; and ii: items such as breakwaters and dredges and other items that, although they may not themselves be revenue producing and may have a number of purposes or uses, are nevertheless related to the operation of the port on a commercial basis; but c: does not include any undertaking that is a statutory function or duty of the Harbour Board relating to safety or good navigation property a: means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal; and b: without limiting the generality of paragraph (a), includes— i: choses in action and money; and ii: goodwill; and iii: 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; and iv: to the extent specified in the port company plan approved by the Minister under section 22 regional council Local Government Act 2002 rights subsidiary section 5 territorial authority Local Government Act 2002 2: Every reference in this Act to the expression Harbour Board shall be construed as including a reference to a regional council or a territorial authority to which any property, rights, liabilities, functions, duties, or powers of a Harbour Board have been transferred pursuant to any Order in Council made under section 36 Section 2(1) council-controlled organisation inserted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) debt security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) equity security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) financial statements inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) generally accepted accounting practice inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) local authority trading enterprise repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) port company substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) subsidiary replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(2) added 31 August 1990 Port Companies Amendment Act 1990 2A: Special provisions where more than 1 regional council or territorial authority succeeds Harbour Board 1: Where any functions and powers of a Harbour Board have been transferred to more than 1 regional council or territorial authority pursuant to an Order in Council made under section 36 2: Where any duties of a Harbour Board have been transferred to more than 1 regional council or territorial authority pursuant to an Order in Council made under section 36 3: Where any property, rights, or liabilities of a Harbour Board are vested in a regional council or territorial authority (or any combination of them) pursuant to any Order in Council made under section 36 4: Where regional councils and territorial authorities are unable to reach any agreement pursuant to subsection (1) or subsection (2), any of them may refer the matter to the Local Government Commission for determination. Section 2A inserted 31 August 1990 Port Companies Amendment Act 1990 3: Act to bind Crown This Act shall bind the Crown. 3A: Act is maritime Act 1: This Act is a maritime Act under section 2(1) 2: This has the effect that transport instruments may be made for the purposes of this Act under section 452B 3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a maritime Act under that Act. Section 3A inserted 1 April 2021 section 58(2) Regulatory Systems (Transport) Amendment Act 2021 1: Port companies 4: Amendment of documents constituting port companies No amendment shall be made to Section 4 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 4 amended 5 December 2013 section 14 Companies Amendment Act 2013 4A: Harbour Board may hold securities in port company In addition to the equity securities issued to the Harbour Board on the incorporation of a port company, a Harbour Board may subscribe for or have issued to it other equity securities or debt securities issued by the port company. Section 4A inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 5: Principal objective to be successful business The principal objective of every port company shall be to operate as a successful business. 6: Directors of port companies 1: The a: that there shall be no fewer than 6 directors of the port company; and b: that not more than 2 members or employees of the Harbour Board or any other Harbour Board, territorial authority, regional council or united council that holds any equity securities in the company of any class that confer rights to vote at any 2: Subject to subsection (1), the directors of each port company shall be persons who, in the opinion of those appointing them, will assist the port company to achieve its principal objective. 3: All decisions relating to the operation of the port company shall be made by or pursuant to the authority of the directorate of the company in accordance with the statement of corporate intent (if any). 4: For the avoidance of doubt it is hereby declared that no director of a port company is, by virtue of holding that office, a statutory officer within the meaning of the Local Government Official Information and Meetings Act 1987 1986 No 124 s 5 Section 6(1) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 6(1) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(1)(b) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 7: Shareholding of port companies 1: Harbour Boards, regional councils, and territorial authorities are hereby authorised to subscribe for, otherwise acquire, hold, or dispose of, equity securities in port companies. 2: Nothing in subsection (1) limits or prevents any other person from subscribing for, otherwise acquiring, holding, or disposing of, equity securities in port companies. Section 7 substituted 31 August 1990 Port Companies Amendment Act 1990 7A: Restrictions on holding equity securities 1: No port company shall have in its constitution section 7(1) section 4 of the Port Companies Amendment Act 1990 2: Where a port company does not comply with subsection (1), the Minister may, in accordance with this section, make such alterations to the memorandum of association and articles of association or the constitution of the port company as the Minister considers appropriate in order to achieve the purpose of subsection (1). 3: The Minister shall give notice of all alterations to the port company and to every holder of equity securities in the company at the address of that person as shown in the share register of the company or otherwise known to the Minister. 4: The Minister shall specify a date, which shall be not earlier than 14 days after the sending of the last of the notices referred to in subsection (3), on which those alterations shall take effect. 5: Every alteration has effect as if it were an alteration to the constitution of the company made in accordance with the Companies Act 1993 Section 7A substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 7A(1) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 7A(5) replaced 5 December 2013 section 14 Companies Amendment Act 2013 8: Statement of corporate intent The directorate of every port company— a: shall deliver to its shareholders; and b: make available to the public,— a draft statement of corporate intent not later than 1 month after the commencement of each financial year of the port company. 1986 No 124 s 14(1) 9: Contents of statement of corporate intent Each statement of corporate intent shall specify for the group comprising the port company and its subsidiaries (if any), and in respect of the financial year in which it is delivered and each of the immediately following 2 financial years, the following information: a: the objectives of the group: b: the nature and scope of the activities to be undertaken: c: the ratio of consolidated shareholders' funds to total assets, and definitions of those terms: d: the accounting policies: e: the performance targets and other measures by which the performance of the group may be judged in relation to its objectives: f: an estimate of the amount or proportion of accumulated profits and capital reserves that is intended to be distributed to the shareholders: g: the kind of information to be provided to the shareholders by the port company during the course of those financial years, including the information to be included in each half-yearly report: h: the procedures to be followed before any member of the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation: i: any activities for which the directorate seeks compensation from the Harbour Board (whether or not the Harbour Board has agreed to provide such compensation): j: the directorate's estimate of the commercial value of the shareholders' investment in the group and the manner in which, and the times at which, this value is to be reassessed: k: such other matters as are agreed by the shareholders and the directorate. 1986 No 124 s 14(2) 10: Completion of statement of corporate intent The directorate shall consider any comments on the draft statement of corporate intent that are made to it within 2 months of the commencement of the financial year by the shareholders or any of them, and shall deliver the completed statement of corporate intent to the shareholders within 3 months of the commencement of the financial year. 1986 No 124 s 14(3) 11: Modifications of statement of corporate intent 1: A statement of corporate intent for a port company may be modified at any time by written notice from the directorate of the port company, so long as the directorate has first— a: given written notice to the shareholders of the proposed modification; and b: considered any comments made on the proposed modification by the shareholders or any of them within— i: 1 month after the date on which the notice under paragraph (a) was given; or ii: such shorter period as the shareholders may agree. 2: Notwithstanding any other provision of this Act or of the memorandum of association or articles of association of any port company, but subject to section 14 paragraphs (a) to (h) of section 9 3: Before giving any notice under subsection (2), the shareholders shall— a: have regard to sections 5 16 b: consult the directorate concerned as to the matters to be referred to in the notice. 1986 No 124 s 14(4) 12: Obligation to make statement of corporate intent available Every completed statement of corporate intent and every modification that is adopted to a statement of corporate intent shall be made available to the public by the directorate of the port company within 1 month after the date on which it is delivered to the shareholders or adopted, as the case may be. 13: Circumstances in which statement of corporate intent not required Upon the quotation of the shares of a port company on a licensed market (within the meaning of section 6(1) sections 8 to 12 Section 13 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 14: Power of Minister to direct certain provisions not to apply 1: In any case where the Minister is satisfied that, on and from a specified date, at least 50% of the equity securities of the port company that confer rights to vote at a general meeting of the company will be held or beneficially owned by persons other than Harbour Boards, regional councils, territorial authorities, or council-controlled organisations a: unless the port company otherwise elects, all of sections 4(2) 5 6 8 to 12 16 18 19 b: unless the company concerned otherwise elects, section 20 i: a company that is a related company to the port company; or ii: a company that consists substantially of the same shareholders as the port company, or is under the control of the same persons,— and any such direction may contain such transitional provisions as the Minister thinks fit. 2: In any case where not more than 49% of the equity securities of a port company that confer rights to vote at a general meeting of the port company are held or beneficially owned by persons other than Harbour Boards, regional councils, territorial authorities, or council-controlled organisations a: direct that the port company need not prepare a statement of corporate intent under sections 8 9 b: inform the company that it may regard its current statement of corporate intent as ceasing to be of continuing effect. 3: Any direction under this section may be revoked at any time by the Minister, by 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 14 substituted 31 August 1990 Port Companies Amendment Act 1990 Section 14(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 14(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 14(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 15: Saving of certain transactions A failure by a port company to comply with— a: any provision of sections 5 to 12 b: any provision contained in any statement of corporate intent,— shall not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by a port company. 1986 No 124 s 21 16: Reports and financial statements 1: Within 2 months after the end of the first half of each financial year of a port company, the directorate of the port company shall deliver to the shareholders and the Minister a report of its operations during that half-year. 2: Each report required by subsection (1) shall include the information required by the statement of corporate intent to be included therein. 3: Within 3 months after the end of each financial year of a port company or such longer period as the Minister may allow, the directorate of the port company shall deliver to the shareholders and the Minister— a: a report of the operations of the port company and those of its subsidiaries during that financial year; and b: audited financial statements for that financial year prepared in accordance with generally accepted accounting practice; and c: the auditor's report on those financial statements. 4: Every report under subsection (3)(a) shall— a: contain such information as is necessary to enable an informed assessment of the operations of the port company and its subsidiaries, including a comparison of the performance of the port company and subsidiaries with any relevant statement of corporate intent; and b: state the maximum dividend (if any) recommended to be payable by the port company in respect of its equity securities (other than fixed interest securities) for the financial year to which the report relates. 1986 No 124 ss 15 16 Section 16 heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 16(3)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 17: Protection from disclosure of sensitive information Nothing in this Act shall be construed as requiring the inclusion in any statement of corporate intent, annual report, financial statement, or half-yearly report required to be produced under this Act of any information that could be properly withheld if the Local Government Official Information and Meetings Act 1987 1986 No 124 s 20 18: Non-commercial activities 1: Where the Harbour Board wishes the port company to provide or make available goods or services to assist the Harbour Board in the exercise of any statutory function, duty, or power, the Harbour Board and the port company shall enter into an agreement under which the port company will provide or make available the goods or services in return for the payment by the Harbour Board of the whole or part of the price thereof. 2: Where— a: the Harbour Board wishes the port company to provide or make available goods or services to assist the Harbour Board in the exercise of any statutory function, duty, or power; and b: the Harbour Board and the port company cannot agree as to— i: the provision or making available of the goods or services; or ii: the conditions on which the goods or services are to be provided or made available,— the matter shall be referred to arbitration under the Arbitration Act 1908 3: This section applies to a Harbour Board that is a regional council or a territorial authority only in relation to statutory functions, duties, or powers transferred from a Harbour Board specified in Schedule 1 section 36 1986 No 124 s 7 Section 18(3) added 31 August 1990 Port Companies Amendment Act 1990 19: Auditor-General to be auditor of port companies and subsidiaries Despite sections 207P to 207V section 4 Section 19 substituted 1 July 2001 section 53 Public Audit Act 2001 Section 19 amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 20: Application of Act to related and associated companies 1: Subject to subsection (2), sections 4 5 6 7 15 18 a: a related company (as defined in section 2(3) b: a company that consists substantially of the same shareholders as the port company, or is under the control of the same persons— as if that company were a port company within the meaning of this Act. 2: Nothing in subsection (1) applies in relation to a company that the Minister notifies in writing is exempt from the provisions of that subsection. 3: The Minister shall not exempt a company from the application of subsection (1) unless the Minister is satisfied that the company does not carry on activities that if carried on by a Harbour Board would constitute a port-related commercial undertaking or would otherwise be likely to be carried on by a port company. Section 20 substituted 31 August 1990 Port Companies Amendment Act 1990 Section 20(1) amended 30 November 2022 section 88 Statutes Amendment Act 2022 Section 20(1)(a) replaced 5 December 2013 section 14 Companies Amendment Act 2013 2: Establishment procedures 21: Establishment Units 1: Every Harbour Board shall, not later than 1 June 1988 or such later date as the Minister in any particular case may allow, constitute and adequately fund an Establishment Unit, which shall comprise such persons as the Harbour Board considers appropriate, having regard to the functions of the Establishment Unit. 2: The function of each Establishment Unit shall be to prepare and agree upon a port company plan with the Harbour Board, and, in so doing,— a: to identify the port related commercial undertakings of the Harbour Board: b: to value those undertakings: c: to determine the price that should be paid by the port company for those undertakings and the extent to which the price should be met by the issue of equity securities and debt securities to the Harbour Board from which the undertakings are to be transferred: d: to prepare in draft form a memorandum of association, articles of association, and statement of corporate intent for the port company: e: to determine the best manner in which, and time within which, the port related commercial undertakings of the Harbour Board should be transferred to the port company: f: to determine a fair and equitable system for the transfer of appropriate employees from the Harbour Board to the port company (but without making determinations in respect of individual employees): g: to determine the responsibilities to be met and equipment and facilities to be provided by the Harbour Board or the port company or both in respect of the Marine Pollution Act 1974 h: such other functions as are conferred upon it by this Act or as are necessary for the proper establishment of an efficient port company. 3: In the exercise of its function under subsection (2), the Establishment Unit shall seek the views of the Department of Conservation as to any relevant conservation matters. 4: The Establishment Unit shall report on the matters specified in subsection (2) to the Harbour Board and make the report available to the public not later than 1 July 1988 or such later date as the Minister in any particular case may allow, and shall similarly make available any subsequent reports of the Establishment Unit on those matters. 5: The Local Government Official Information and Meetings Act 1987 6: Each Harbour Board is hereby authorised, and deemed always to have been authorised, to constitute, reconstitute, fund, and, after the approval of the port company plan, to dissolve, an Establishment Unit. 7: Where any Harbour Board has not constituted an Establishment Unit within the time required by this section, the Minister may constitute an Establishment Unit in respect of that Harbour Board, and determine the funding to be provided by the Harbour Board in respect of the Establishment Unit. 22: Determination of port company plan and port related commercial undertakings to be transferred 1: The Harbour Board and the Establishment Unit shall each use their best endeavours to agree upon the matters specified in section 21(2) 2: Not later than 1 August 1988 or such later date as the Minister in any particular case may allow, the Harbour Board and the Establishment Unit shall report to the Minister as to the extent of their agreement and any disagreement relating to— a: the identification and valuation of the port related commercial undertakings of the Harbour Board: b: the price that should be paid by the port company for those undertakings and the extent to which the price is to be met by the issue of equity securities and debt securities to the Harbour Board: c: the debt securities required to be issued by section 29 d: the manner in which and time within which the port related commercial undertakings of the Harbour Board are to be transferred to the port company: e: the system for the transfer of appropriate employees from the Harbour Board to the port company (but without making determinations in respect of individual employees): f: the responsibilities to be met and equipment and facilities to be provided by the Harbour Board or the port company or both in respect of the Marine Pollution Act 1974 g: any other matter within the functions of the Establishment Unit— and in each case shall give full details. 3: Where there is disagreement on any matter referred to in subsection (2),— a: the Harbour Board and the Establishment Unit shall report separately to the Minister and to each other setting out all the matters that each considers relevant and the solution proposed by each; and b: the disagreement shall be resolved by the written determination of the Minister. 4: Notwithstanding that the Harbour Board and the Establishment Unit may have agreed on any matter referred to in subsection (2), the Minister may determine the matter on a different basis if the Minister is satisfied that, having regard to the interests of the Harbour Board and the port company, and, if appropriate, the interests of other Harbour Boards and port companies, it is fair and equitable to do so, and, in so doing, the Minister may exclude from the port company plan any port related commercial undertaking that the Minister does not consider ought to be transferred to the port company or vary the manner in which any undertaking is to be transferred to the port company. 5: Before making any determination under subsection (4), the Minister shall advise the Harbour Board and the Establishment Unit of the Minister's intention to do so, and give a reasonable opportunity for each to make submissions on the matter. 6: Where any matter is to be determined by the Minister under subsection (3) or subsection (4), the Minister may, instead of determining the matter personally, direct that the matter be determined by arbitration or in some other manner, and, where the Minister so directs in relation to a matter to be determined under subsection (4), the provisions of subsection (5) shall apply in relation to the persons directed to make the determination as if those persons were the Minister. 7: Where any matter is not included in a port company plan and the Minister considers that it should be so included, the Minister may direct the Harbour Board and the Establishment Unit to consider the matter and report to the Minister concerning its inclusion in the port company plan. 8: The Minister may, on the application of a Harbour Board, Establishment Unit, or port company, and after consultation with such of them as the Minister considers appropriate, amend any approved port company plan. 9: The Minister may, on the application of a Harbour Board, made with the approval of the Establishment Unit or port company, include in any port company plan, as part of the approval of the plan or by way of amendment to an approved port company plan, any undertaking of the Harbour Board, notwithstanding that it is not a port related commercial undertaking. 10: Where any undertaking is included in a port company plan pursuant to subsection (9), this Act shall apply in all respects as if that undertaking were a port related commercial undertaking. 11: No port company plan shall be put into effect until it has been approved by the Minister; and every port company plan shall be put into effect in the form approved by the Minister. The Minister may grant approval of part of a port company plan if the Minister considers it appropriate, and this Act shall apply to that part as if it were a port company plan. 23: Port related commercial undertakings to be transferred to port company 1: The port related commercial undertakings of each Harbour Board that are to be transferred to a port company in accordance with the port company plan shall be transferred as soon as practicable after the plan has been approved by the Minister under section 22 2: Where the port company plan so provides, the Harbour Board may grant to the port company leases, licences, easements, permits, or rights of any kind in relation to the port related commercial undertakings of the Harbour Board for such consideration and on such terms and conditions as are provided for or contemplated by the port company plan. 3: Property that is fixed to, or under or over, any land may be transferred to a port company pursuant to this Act whether or not any interest in the land is also transferred. Where any such property is so transferred, the property and the land shall be regarded as separate property each capable of separate ownership. 4: Any port related commercial undertaking of a Harbour Board may be transferred to a port company pursuant to this Act whether or not any Act or agreement relating to the undertaking prohibits any such transfer or requires any consent to or in any way restricts any such transfer. 1986 No 124 s 23(3), (4) 24: Abrogation of restrictions on transfer 1: No provision in any other Act or in any instrument— a: limiting the Harbour Board's right to sell or dispose of any property to any person; or b: prohibiting the sale or disposition of any property to any person; or c: determining the consideration for the sale of any property; or d: obliging the Harbour Board to account to any person for the whole or part of the proceeds of sale by the Harbour Board of any property; or e: obliging the Harbour Board to pay a greater price than otherwise by reason of or as a consequence of the sale of any property to third parties,— shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this Act. 2: Nothing in this section shall apply in respect of the sale of any area to which section 150 of the Harbours Act 1950 sections 150 to 155 of the Harbours Act 1950 1986 No 124 s 23(6) 25: Transfer of reserves Any land that is subject to the Reserves Act 1977 26: Modification of provisions of Public Works Act 1981 Nothing in sections 40 to 42 sections 40 and 41 1986 No 124 s 24(4) 27: Effect of registration under Land Transfer Act 1952 1: On registration under the Land Transfer Act 1952 a: the land shall vest in the port company for an estate in fee simple or be held by it on lease, as the case may require, subject to all leases, licences, easements, liens, and encumbrances existing in respect of the land immediately before the registration of the memorandum of transfer but otherwise freed and discharged from all trusts, reservations, and restrictions then affecting the land (other than the reservations and restrictions imposed by section 8 of the Mining Act 1971 section 5 of the Coal Mines Act 1979 b: such of the land which previously was vested in the Harbour Board as an endowment shall be deemed to be no longer set apart as an endowment. 2: The District Land Registrar for the district is authorised and directed on receipt for registration of a transfer to a port company and on completion of such surveys and deposit of such plans as the District Land Registrar may require, to issue such certificates of title and make such entries in the register and do all such things as may be necessary to implement sections 23 to 26 28: Exclusion of Public Bodies Leases Act 1969 Notwithstanding section 144 of the Harbours Act 1950 Public Bodies Leases Act 1969 29: Liabilities in respect of port related commercial undertakings 1: Where any port related commercial undertaking is to be transferred to a port company, the Establishment Unit shall identify the liabilities of the Harbour Board that relate to that undertaking. 2: The liabilities so identified shall remain liabilities of the Harbour Board except to the extent of any written agreement to the contrary between— a: the Harbour Board; and b: the Establishment Unit or port company; and c: the person or persons to whom the liability is owed; and d: any guarantor of the liability. 3: No such agreement shall be of any effect until it has been included in an approved port company plan. 4: The port company plan shall include provision for such debt securities to be issued by the port company to the Harbour Board as will ensure that the Harbour Board receives from the port company funds sufficient to meet the liabilities that it is to retain and that relate to the port related commercial undertakings to be transferred to the port company. 5: The Minister may, by notice in the Gazette Section 29(5) added 31 August 1990 Port Companies Amendment Act 1990 30: Certain matters not affected by transfer of undertakings to port company No transfer of any port related commercial undertaking of a Harbour Board to a port company pursuant to a port company plan approved by the Minister under section 22 a: shall be regarded as placing the Harbour Board, or the port company, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or c: shall be regarded as placing the Harbour Board, or the port 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 of any property or the disclosure of any information; or d: shall release any surety wholly or in part from all or any obligation; or e: shall invalidate or discharge any contract or security. 1986 No 129 s 6(g) 31: Consequential provisions on transfer of port related commercial undertakings to port company 1: Where any port related commercial undertaking is transferred from a Harbour Board to a port company pursuant to a port company plan, thenceforth— a: a reference (express or implied) to the Harbour Board in any Act or instrument relating to the port related commercial undertaking shall be read and construed as a reference to the port company: b: all contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices, (whether or not in writing) relating to the port commercial undertaking, entered into by, made with, given to or by, or addressed to the Harbour Board (whether alone or with any other person) subsisting immediately before the transfer shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the Harbour Board, be binding on and enforceable by, against, or in favour of the port company as fully and effectually in every respect as if, instead of the Harbour Board, the port company had been the person by whom they were entered into, with whom they were made or to or by whom they were given or addressed, as the case may be. 2: For the purposes of this section, an Act, instrument, contract, agreement, conveyance, deed, lease, licence, or other instrument or undertaking or notice shall be deemed to be related to the port related commercial undertaking if it is identified or referred to as being so related in the port company plan or acknowledged by both the Harbour Board and the port company as being so related. 3: Nothing in this section shall apply in respect of the liabilities of the Harbour Board in relation to any port related commercial undertaking except as may be necessary to give effect to any agreement referred to in section 29(2) 1986 No 129 s 6(a), (b) 32: Employment deemed to be continuous Where any person who is an employee of the Harbour Board becomes an employee of the port company pursuant to or as contemplated by an approved port company plan— a: for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee shall be deemed to have been unbroken and the period of service with the Harbour Board shall be deemed to have been a period of service with the company: b: the terms and conditions of employment of each such employee shall, until varied, be identical with the terms and conditions of that employee's employment with the Harbour Board immediately before that employment ceases: c: no such employee shall be entitled to receive any payment or other benefit by reason of that employee ceasing to be an employee of the Harbour Board. 33: Duty to act in furtherance of objects of Act 1: Every Harbour Board shall at all times do everything in its power to achieve the objectives of this Act and for that purpose, but without limitation, shall do everything in its power— a: to preserve and maintain all port related commercial undertakings of the Harbour Board pending the transfer of those undertakings to the port company: b: to assist the Establishment Unit in the exercise of its functions: c: to enable the port company to assume the undertakings that are to be transferred to it: d: to assist in the transfer of employees to the port company. 2: No Harbour Board shall, without the prior written consent of the Minister,— a: dispose of or charge any of its undertakings: b: borrow any money (whether on overdraft or otherwise): c: enter into or grant any lease, licence, concession or other franchise agreement or arrangement of more than 12 months' duration relating to any of its undertakings: d: extend the term of any lease, licence, concession or other franchise agreement or arrangement relating to any of its undertakings for a period exceeding 12 months. 3: Nothing in subsection (2) shall apply in respect of— a: any action taken by the Wellington Harbour Board pursuant to the Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987 b: any undertaking or class of undertaking that the Minister has informed the Harbour Board in writing is not to be subject to this section. 4: The Minister shall, upon being satisfied that all the undertakings of the Harbour Board that are to be transferred to the port company have been so transferred, advise the Board in writing that the consent of the Minister to any action referred to in subsection (2) is no longer required. Section 33(2)(b) substituted 1 July 2003 section 262 Local Government Act 2002 34: Supply of information The Minister and the Establishment Unit each may, from time to time, for the purposes of this Act, require the Harbour Board to make available to the Minister or the Establishment Unit, as the case may be, information in its possession or over which it has control relating to its undertakings, operations, and procedures; and the Harbour Board shall make that information available in a form in which it may be readily understood. 3: Miscellaneous provisions 35: Public availability of documents Where any Harbour Board or port company is required under this Act to make any document available to the public, it shall— a: make sufficient copies of that document available for public inspection, free of charge; and b: make sufficient copies of that document available for purchase at a reasonable price during normal office hours at the principal office of the Harbour Board or port company, or both, as the case may require; and c: notify by advertisement in a newspaper circulating in every district of a local authority whose electors are electors of the Harbour Board to which or to whose port company the document relates, the fact that copies are so available. 36: Power of other persons to operate ports 1: Nothing in this Act shall prevent any person operating any port, whether as a private facility or as a publicly available facility. 2: Notwithstanding subsection (1), no Harbour Board shall operate any port related commercial undertaking at any port without the consent of the Minister, which may be conditional and which shall be given only if the Minister is satisfied that at the time of giving the consent there is no port company or other person willing and able to operate the undertaking. 3: For the purposes of subsection (2), in determining whether or not any port company or other person is able to operate any port related commercial undertaking the Minister shall be entitled to assume that the Harbour Board will make available to that port company or other person on a reasonable commercial basis any part of the undertaking of the Harbour Board that reasonably ought to be made available by the Harbour Board to the port company or other person if the Minister were to decline to give consent under subsection (2). 4: Without prejudice to any other remedies available against any Harbour Board or its members, or against any other body or person, in respect of any contravention of subsection (2), or in respect of any failure to comply with any condition to which any consent under that subsection is for the time being subject, the provisions of subsection (2) and of that condition shall be enforceable by civil proceedings by the Attorney-General for an injunction or for any other appropriate relief. 37: Stamp duty exemption No stamp duty shall be payable under the Stamp and Cheque Duties Act 1971 38: Application of Income Tax Act 1976 and Goods and Services Tax Act 1985 1: Nothing in section 67, section 117, or section 129 of the Income Tax Act 1976 2: For the purposes of the application of the Income Tax Act 1976 section 111 of the Income Tax Act 1976 2A: Subject to subsection (2D), except where subsection (2B) or subsection (2C) applies, for the purposes of section 188 of the Income Tax Act 1976 or after 2B: Subject to subsection (2D), where, at any time on or after 1 November 1989, port related commercial undertakings in respect of any port are carried on by a port operator, for the purposes of section 188 of the Income Tax Act 1976 2C: Subject to subsection (2D), where any port related commercial undertakings carried on by a port operator are subsequently transferred to a port company, for the purposes of section 188 of the Income Tax Act 1976 2D: Subsections (2A), (2B), and (2C) shall not apply to any loss that results from the transfer of property— a: from a Harbour Board to a port company that operates at the same port; or b: from a Harbour Board to a port operator that operates at the same port; or c: from a port operator to a port company that operates at the same port. 3: For the purposes of the Goods and Services Tax Act 1985 4: For the purposes of this section,— a: the term port operator section YA 1 b: in relation to a port operator, the definition of the term port related commercial undertaking in section 2 Section 38(2A) inserted 28 March 1990 Income Tax Amendment Act 1990 Section 38(2A) amended 1 August 1990 Income Tax Amendment Act (No 2) 1990 Section 38(2B) inserted 28 March 1990 Income Tax Amendment Act 1990 Section 38(2C) inserted 28 March 1990 Income Tax Amendment Act 1990 Section 38(2D) inserted 28 March 1990 Income Tax Amendment Act 1990 Section 38(2D)(a) substituted 1 August 1990 Income Tax Amendment Act (No 2) 1990 Section 38(2D)(b) substituted 1 August 1990 Income Tax Amendment Act (No 2) 1990 Section 38(2D)(c) substituted 1 August 1990 Income Tax Amendment Act (No 2) 1990 Section 38(4) added 28 March 1990 Income Tax Amendment Act 1990 Section 38(4)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 39: Designations under district schemes Section 39 repealed 7 July 1993 Port Companies Amendment Act 1993 40: Special provision in relation to Gisborne, Greymouth, and Wanganui Harbour Boards 1: This section applies to— a: the Gisborne Harbour Board; and b: the Greymouth Harbour Board c: 2: Each Harbour Board to which this section applies shall forthwith conduct a review of its operations and finances to determine, not later than 1 June 1988 or such later date as the Minister in any particular case may allow, whether or not it is appropriate that its port related commercial undertakings should be transferred to a port company. 3: Where a Harbour Board to which this section applies resolves that it is appropriate that its port related commercial undertakings be transferred to a port company, it shall forthwith advise the Minister accordingly, together with details supporting the reasons for that view and, unless the Minister, within 21 days after receiving that advice, requests the Local Government Commission to issue a proposal under subsection (5), the provisions of this Act shall apply in respect of that Harbour Board in the same manner as if that Harbour Board were a Harbour Board specified in Schedule 1 4: Where a Harbour Board to which this section applies resolves that it is not appropriate that its port related commercial undertakings should be transferred to a port company, the Harbour Board shall forthwith request the Local Government Commission to issue a proposal under subsection (5). 5: The Local Government Commission shall, as soon as practicable after receiving a request under subsection (3) or subsection (4), issue a proposal for the dissolution or abolition of the Harbour Board and the transfer of all the functions of the Harbour Board to another local authority or local authorities. 6: When issuing a proposal under subsection (5), the Local Government Commission— a: shall give such public notice of that proposal as it considers appropriate; and b: shall invite interested persons and organisations to make submissions on the proposal within 2 months after the first public notice of the proposal. 7: The Local Government Commission shall, as soon as practicable, consider all such submissions and may make such further inquiries as it considers necessary or desirable. 8: The Local Government Commission shall, as soon as practicable after the submissions on the proposal have been considered and any further inquiries have been made, approve the proposal as publicly notified or as modified as a result of the consideration of the submissions or the Commission's further inquiries. 9: The proposal, as approved by the Commission,— a: shall be issued as a determination of the Commission; and b: shall be submitted to the Minister of Transport; and c: shall be made available by the Minister of Transport to the public. 10: Every determination issued under subsection (5) shall be given effect to by Order in Council, and the provisions of Part 1 11: Subsections (1) and (2) of section 35 sections 37C 37F Section 40(1)(b) amended 1 July 1988 section 10(a) Wanganui Harbour Act 1988 Section 40(1)(c) repealed 1 July 1988 section 10(b) Wanganui Harbour Act 1988 41: Repeal of New Zealand Ports Authority Act 1968 1: The New Zealand Ports Authority Act 1968 2: The enactments specified in Schedule 2 3: Every member of the New Zealand Ports Authority shall vacate office as from the commencement of 1 May 1988; and no such member shall be entitled to any compensation in respect of loss of office. 42: Transitional provision in respect of applications before Ports Authority Where, at the commencement of this Act, any application is before the New Zealand Ports Authority for its approval under section 13 of the New Zealand Ports Authority Act 1968 section 55A of the Harbours Act 1950 43: Amendment to Ministry of Transport Act 1968 Section 43 repealed 1 September 1990 section 5(2)(i) Ministry of Transport Act Repeal Act 1990 44: Repeals The enactments specified in Schedule 3 45: Repeals taking effect on 1 October 1988 1: The enactments specified in Schedule 4 2: This section and Schedule 4

DLM136729

1988

Consumer Council Act Repeal Act 1988

1: Short Title and commencement 1: This Act may be cited as the Consumer Council Act Repeal Act 1988. 2: Except as provided in subsection (3), this Act shall come into force on the date on which it receives the Royal assent. 3: Sections 4 to 10 2: Interpretation In this Act, unless the context otherwise requires,— Council Consumer Council Act 1966 Institute Consumer Council Act 1966 society section 3 undertaking 3: Council to register incorporated society 1: The Council shall, before 1 January 1989, register an incorporated society under the Incorporated Societies Act 1908 Consumers' Institute of New Zealand Incorporated 2: The society may be registered as if it were a society authorised by section 4 3: Notwithstanding anything in section 7 a: an application for incorporation in any written form sealed with the common seal of the Council; and b: 2 copies of the proposed rules of the society, signed by the Chairman of the Council; and c: the fee prescribed under the Incorporated Societies Act 1908 4: Nothing in section 35 of the Consumer Council Act 1966 4: Transfer of undertaking On 1 January 1989— a: the undertaking of the Council and the Institute shall vest in the society; and b: all money payable to the Council or the Institute shall become payable to the society; and c: all proceedings pending by or against the Council or the Institute may be continued, completed, or enforced by or against the society. 5: Members of Institute 1: On 1 January 1989 every person who is a member of the Institute shall become a member of the society. 2: This section shall not apply to any person who has given notice to the Institute on or before 31 December 1988 that he or she wishes to terminate his or her membership of the Institute. 6: Employees of Council 1: On 1 January 1989 every employee of the Council shall become an employee of the society but, for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee shall be deemed to have been unbroken and the period of service with the Council shall be deemed to have been a period of service with the society. 2: The terms and conditions of employment of each such employee shall, until varied, be identical with the terms and conditions of that employee's employment with the Council immediately before 1 January 1989. 3: No such employee shall be entitled to receive any payment or other benefit by reason only of that employee ceasing by virtue of this Act to be an employee of the Council. 7: Dissolution of Consumer Council and Consumers Institute On 1 January 1989— a: the Council, the Institute, and all other bodies established under the Consumer Council Act 1966 shall be dissolved; and b: every member of the Council, and every member of any other body established under the Consumer Council Act 1966 8: Final report of Consumer Council 1: As soon as practicable after 31 March 1989 the society shall arrange for a final report of the Council to be sent to the Minister of Consumer Affairs showing the Council's proceedings and operations for the year ending with 31 December 1988, and shall attach to the report a copy of the Council's accounts for that year certified by the Audit Office. 2: A copy of the report and accounts shall be laid before the House of Representatives within 28 days after the date of its receipt by that Minister if Parliament is then in session, and, if not, shall be laid before the House of Representatives within 28 days after the date of the commencement of the next ensuing session. 9: Consequential amendments The enactments specified in Schedule 1 10: Repeals The enactments specified in Schedule 2

DLM134196

1988

Coroners Act 1988

1: Preliminary This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 1: Short Title and commencement 1: This Act may be cited as the Coroners Act 1988. 2: This Act shall come into force on the 1st day of January 1989. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 2: Interpretation In this Act, unless the context otherwise requires,— Body a: Any part of a person without which no person can live; and b: Any part of a person discovered in such circumstances or such a state that it is probable that the person is dead,— whether or not the identity of the person concerned is known when the part is discovered or is later determined; but does not include a foetus or a still-born child Death Disposal to dispose of doctor section 114(1)(a) Health Practitioners Competence Assurance Act 2003 doctor: this definition was substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 immediate family a: spouse, civil union partner, or de facto partner of the person: b: step-child, step-parent, step-brother, or step-sister of the person. immediate family: this definition was substituted 26 April 2005 7 Relationships (Statutory References) Act 2005 Irrecoverable Minister Minister: this definition was inserted 22 October 2003 3(1) Coroners Amendment Act 2003 New Zealand responsible department responsible department: this definition was inserted 22 October 2003 3(1) Coroners Amendment Act 2003 Secretary responsible department Secretary: this definition was substituted 1 July 1995 10(1) Department of Justice (Restructuring) Act 1995 Secretary: this definition was amended 22 October 2003 3(2) Coroners Amendment Act 2003 by substituting responsible department Department for Courts 1951 No 73 s 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 3: Act binds the Crown This Act binds the Crown. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 3A: Application of Act to deaths of members of visiting forces This Act is subject to section 19 Visiting Forces Act 2004 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Section 3A inserted 1 July 2004 26 Visiting Forces Act 2004 2: Reporting of deaths This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 4: Deaths that must be reported 1: The following deaths shall be reported: a: Every death that appears to have been— i: Without known cause; or ii: Suicide; or iii: Unnatural or violent. b: Every death in respect of which no doctor has given a doctor's certificate (within the meaning of section 2 Births, Deaths, and Marriages Registration Act 1995 c: Every death— i: That occurred while the person concerned was undergoing a medical, surgical, or dental operation or procedure or some similar operation or procedure; or ii: That appears to have been a result of any such operation or procedure; or iii: That occurred while the person was affected by an anaesthetic; or iv: That appears to have been a result of the administration to the person of an anaesthetic: d: The death of any patient detained in an institution pursuant to an order under section 9 Alcoholism and Drug Addiction Act 1966 e: The death of any child or young person in a residence established under section 364 Children, Young Persons, and Their Families Act 1989 f: The death of any child or young person while that child or young person— i: Is in the custody or care of an Iwi Social Service or a Cultural Social Service section 43 78 110 139 140 141 234 238 345 Children, Young Persons, and Their Families Act 1989 ii: Is in the charge of any person or organisation pursuant to section 362 g: the death of any patient or special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 ga: the death of any care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 h: the death of any prisoner (within the meaning of the Corrections Act 2004 i: The death of any person in the custody of the Police: ia: the death of any person under the control of a security officer (within the meaning of the Corrections Act 2004 j: The death of any person in such circumstances that an enactment other than this Act requires the holding of an inquest. 2: Paragraphs (d) to (h) prison 1951 No 73 s 5(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1)(b) amended 2 September 1996 Coroners Amendment Act 1996 by substituting doctor's certificate (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995 certificate under section 25 of the Births and Deaths Registration Act 1951 Subsection (1)(e) (f) substituted 1 November 1989 449 Children, Young Persons, and Their Families Act 1989 Subsection (1)(f)(i) amended 8 January 1995 48 Children, Young Persons, and their Families Amendment Act 1994 by substituting Iwi Social Service or a Cultural Social Service Iwi Authority or a Cultural Authority Subsection (1)(g) substituted 1 April 2000 79 Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 Subsection (1)(g) substituted 1 September 2004 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 Subsection (1)(ga) inserted 1 September 2004 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 Subsection (1)(h) substituted 1 June 2005 206 Corrections Act 2004 See clause 2 Corrections Act Commencement Order 2005 Subsection (1)(ia) inserted 1 March 1995 Penal Institutions Amendment Act 1994 See regulation 3(1) Penal Institutions Amendment Act Commencement Order 1995 Subsection (1)(ia) substituted 1 June 2005 206 Corrections Act 2004 See clause 2 Corrections Act Commencement Order 2005 Subsection (2) amended 1 November 1989 449 Children, Young Persons, and Their Families Act 1989 by omitting foster-home Subsection (2) amended 1 June 2005 206 Corrections Act 2004 by substituting prison penal institution See clause 2 Corrections Act Commencement Order 2005 5: Reporting of deaths 1: Subject to subsection (3) 2: Subject to subsection (3) section 4 a: In New Zealand; or b: On or from— i: An aircraft registered in New Zealand under the Civil Aviation Act 1964 ii: A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952 iii: An aircraft or ship of the Armed Forces (within the meaning of the Armed Forces Discipline Act 1971 shall, as soon as is practicable, report the death to a member of the Police. 3: A person who believes that a death— a: Is already known to the Police; or b: Will be reported to a member of the Police,— is not required to report it to a member of the Police. 4: A member of the Police— a: Who finds a body in New Zealand; or b: To whom a report of a death is made under this section,— shall cause the finding or death concerned to be reported forthwith to the coroner nearest (by the most practicable route) to the presumed place of death or, where the death occurred outside New Zealand and the body is in New Zealand, to the coroner nearest (by the most practicable route) to the place where the body is. 5: Any person may report to a member of the Police or to a coroner the death outside New Zealand of a person whose body is in New Zealand. 6: Where a death has been reported to a coroner under this section, the Commissioner of Police shall cause to be made all inquiries— a: Necessary for the due administration of this Act in relation to the death; or b: Directed by the coroner. 1951 No 73 s 5(4), (5) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 6: Power of Justices where no coroner available 1: Where— a: The coroner to whom a death is required by this Act to be reported is not available to act; or b: The office of coroner in the place where a death is required by this Act to be reported is vacant,— the death shall be reported to a Justice. 2: Notwithstanding sections 21 22 subsection (1) a: Exercise in respect of the death all the powers of a coroner under Part 3 b: Open an inquest in respect of the death: c: Adjourn any such inquest: d: Hear, admit, and record evidence of identification of the person concerned. 1951 No 73 s 7 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 3: Post-mortem examinations This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 7: Coroner may authorise examination With the authority of a coroner, a doctor (not being a doctor who, to the coroner's knowledge, attended the person concerned immediately before death) may— a: For the purpose of enabling the coroner to decide whether or not to hold an inquest into the death concerned; or b: Where the coroner— i: Is to hold an inquest into the death; or ii: Has opened and not completed an inquest into the death,— perform a post-mortem examination of the body concerned; and in that case, the doctor shall give the coroner a written report on the results of the examination. 1951 No 73 ss 6(1), 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 8: Decision whether or not to authorise examination In deciding whether or not to authorise a doctor to perform a post-mortem examination, a coroner shall have regard to the following matters: a: The extent to which the matters required by this Act to be established at inquests— i: Are not already disclosed in respect of the death concerned by information available directly to the coroner or from information arising from inquiries or examinations the coroner has made or caused to be made; but ii: Are likely to be disclosed by a post-mortem examination; and b: Whether or not the death appears to have been unnatural; and c: If the death appears to have been unnatural or violent, whether or not it appears to have been due to the actions or inaction of other persons; and d: The existence and extent of any allegations, rumours, suspicions, or public concern about the cause of the death; and e: The desirability of minimising the causing of distress to persons who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, customarily require bodies to be available to family members as soon as is possible after death; and f: The desirability of minimising the causing of offence to persons who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, find the post-mortem examination of bodies offensive; and g: The desire of any member of the immediate family of the person concerned that a post-mortem examination should be performed; and h: Any other matters the coroner thinks relevant. 1951 No 73 ss 6(1), 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 9: Early performance of examination 1: A coroner who— a: Has authorised a doctor to perform a post-mortem examination of a person's body; and b: Is satisfied that subsection (2) shall direct the doctor to perform it forthwith; and in that case the doctor shall do so. 2: This subsection applies to a person if persons having the ethnic origins, social attitudes or customs, or spiritual beliefs of the person customarily require bodies to be available to family members as soon as is possible after death. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 10: Observers at examinations 1: A doctor who attended a person before death may be present at any post-mortem examination of the person's body authorised under this Act. 2: A coroner may, by notice in writing to a doctor who attended a person before death, require the doctor to do either or both of the following: a: Be present at a post-mortem examination of the person's body authorised by the coroner under this Act: b: Give the coroner a report (containing information specified in the notice) relating to the person. 3: Any doctor may, with the authority of a coroner granted on the application of any person, be present as the person's representative at a post-mortem examination authorised by the coroner under this Act. 4: Any doctor may, with the authority of a coroner, be present as the coroner's observer at a post-mortem examination authorised by the coroner under this Act. 5: Any member of the Police may be present at a post-mortem examination authorised under this Act. 1951 No 73 ss 6(1), 9, 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 11: Family to be notified 1: A coroner who has authorised a doctor to perform a post-mortem examination shall, as soon as is practicable after doing so, take all reasonable steps to ensure that there is given to a member of the immediate family of the person concerned notice— a: That the performance of an examination has been authorised; and b: Of the coroner's reasons for authorising it; and c: That a copy of the doctor's report can be obtained under subsection (2) 2: Where a coroner— a: Has authorised a doctor to perform a post-mortem examination of a person's body; and b: Has possession of the doctor's report,— any member of the person's family may (without charge), after the expiration of 7 days after the completion of the examination, obtain a copy of the report from the coroner. 3: A failure to comply with subsection (1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 12: Other inquiries and examinations A coroner may cause to be made any inquiries or examinations, or commission any reports, (medical or otherwise), the coroner thinks proper— a: For the purpose of deciding whether or not to hold an inquest; or b: Where the coroner is to hold an inquest or has opened and not completed one. 1951 No 73 s 10(4) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 13: Removal and disposal of bodies 1: For the purposes of any examination under this Act, a coroner may give any directions the coroner thinks fit relating to the removal of a body. 2: Subject to subsection (3) 3: A coroner who decides not to authorise a doctor to perform a post-mortem examination of a body shall not authorise its disposal earlier than 24 hours after notifying a member of the Police of the decision, unless a member of the Police of the rank of Senior Sergeant or above agrees. 1951 No 73 ss 10(5), 11 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 14: Early release of bodies Subject to section 13(3) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 4: Inquests This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 15: Purpose of inquests 1: A coroner holds an inquest for the purpose of— a: Establishing, so far as is possible,— i: That a person has died; and ii: The person's identity; and iii: When and where the person died; and iv: The causes of the death; and v: The circumstances of the death; and b: Making any recommendations or comments on the avoidance of circumstances similar to those in which the death occurred, or on the manner in which any persons should act in such circumstances, that, in the opinion of the coroner, may if drawn to public attention reduce the chances of the occurrence of other deaths in such circumstances. 2: Notwithstanding subsection (1) section 28 a: Shall not comment adversely on any dead person without,— i: Indicating an intention to do so; and ii: Adjourning the inquest for at least 7 days; and iii: Notifying every member of the person's immediate family who during the adjournment requests the coroner to do so of the proposed comment; and iv: Giving every such member a reasonable opportunity to be heard in relation to the proposed comment; and b: Shall not comment adversely on any living person without taking all reasonable steps to notify the person of the proposed comment, and giving the person a reasonable opportunity to be heard in relation to the proposed comment. 1951 No 73 s 12 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 16: Jurisdiction of coroners to hold inquests A coroner shall not hold an inquest into a death unless— a: The body of the person concerned is in New Zealand; or b: The coroner is satisfied that it is likely that the person concerned is dead, and that the person's body— i: Is destroyed, irrecoverable, or lost; but ii: Was in New Zealand immediately before it was destroyed, or became irrecoverable or lost; or c: The body of the person concerned is not in New Zealand, but— i: The death occurred outside New Zealand on or from an aircraft or a ship; and ii: The Solicitor-General has authorised the coroner to hold an inquest into it. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 17: Deaths into which inquests must be held Subject to sections 16 18 a: If it appears to have been— i: Suicide; or ii: A death of a kind described in any of paragraphs (d) to (j) b: If the coroner is not satisfied that the matters required by this Act to be established at inquests are already adequately disclosed in respect of the death by information arising from inquiries or examinations the coroner has made or caused to be made. 1951 No 73 s 5(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 18: Deaths where coroner may decide not to hold inquest 1: Subject to sections 38 40 a: A death occurred outside New Zealand, or was caused by matters arising outside New Zealand; and b: An inquest or other inquiry into it has been or will be held outside New Zealand,— the coroner to whom it was reported may decide not to hold an inquest into it. 2: Subject to sections 38 40 a: An aircraft registered in New Zealand under the Civil Aviation Act 1964 b: A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952 c: An aircraft or ship of the Armed Forces (within the meaning of the Armed Forces Discipline Act 1971 the coroner to whom it was reported may decide not to hold an inquest into it. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 19: Other deaths Subject to sections 16 17 38 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 20: Decision whether or not to hold inquest 1: In determining whether or not to hold an inquest, a coroner shall have regard to the following matters: a: Whether or not the causes of the death concerned appear to have been natural; and b: In the case of a death that appears to have been unnatural or violent, whether or not it appears to have been due to the actions or inaction of any other person; and c: The existence and extent of any allegations, rumours, suspicions, or public concern, about the death; and d: The extent to which the drawing of attention to the circumstances of the death may be likely to reduce the chances of the occurrence of other deaths in similar circumstances; and e: The desire of any members of the immediate family of the person concerned that an inquest should be held; and f: Any other matters the coroner thinks fit. 2: A coroner who decides not to hold an inquest into a death shall notify the Secretary of the decision, in the prescribed form, which shall— a: Contain or have attached to it (as the case requires) the prescribed information; and b: Be accompanied by a written statement as to the identity of the person concerned— i: Signed by the person making it; and ii: Having the signature witnessed by a member of the Police or some other person authorised by the coroner to do so. 3: A coroner who, after deciding not to hold an inquest, becomes satisfied (whether by reason of information not available at the time of deciding or for any other reason) that it is desirable to hold an inquest into the death concerned, may do so. 1957 No 73 ss 5, 6 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 21: Inquests to be before coroner alone 1: Except as provided in subsection (2) 2: The Minister 3: The appointment of an assessor under subsection (2) 1951 No 73 s 13 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (2) amended 1 July 1995 10(1) Department of Justice (Restructuring) Act 1995 by substituting Minister of the Crown who is responsible for the Department for Courts Minister of Justice Subsection (2) amended 22 October 2003 4 Coroners Amendment Act 2003 by omitting of the Crown who is responsible for the Department for Courts 22: Which coroner to hold inquest 1: Subject to subsection (2) sections 36 40 2: Where a coroner— a: Has a personal interest in an inquest; or b: Believes that there is some other good reason for the coroner not to hold it,— the coroner may authorise some other coroner to hold it; and, subject to sections 36 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 23: Date, etc, and notice of inquest 1: The coroner who is to hold an inquest shall fix a date, time, and place for it, and shall direct the Commissioner of Police to cause a member of the Police to give notice of the date, time, and place to every person— a: Who has a sufficient interest in the inquest or its outcome; or b: Whom the coroner has directed to be notified. 2: Those to be notified under subsection (1) a: The immediate relatives of the person concerned; and b: Any doctor who attended the person— i: Immediately before death; or ii: In the case of a person who had been ill before death, during the illness; and c: Every person whose conduct, in the opinion of the senior member of the Police in the place where the inquest is to be held or the coroner, seems likely to be called into question; and d: Every life insurance company known by the member of the Police concerned or the coroner to have issued a policy on the person's life; and e: The Life Offices Association of NZ Inc; and f: Where the person's death appears to have arisen out of the person's employment,— i: Any industrial union registered under the Labour Relations Act 1987 ii: The Secretary of Labour; and g: Where section 206 of the Mining Act 1971 section 177 of the Coal Mines Act 1979 section 71 of the Quarries and Tunnels Act 1982 3: A failure to comply with subsection (1) 4: Subsection (3) section 40 1951 No 73 ss 14, 17(3) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 24: Viewing of bodies 1: A coroner shall not conclude an inquest (other than an inquest authorised by the Solicitor-General under section 16(c) a: Has been viewed in New Zealand; or b: Is destroyed, irrecoverable, or lost, but was in New Zealand immediately before it was destroyed, or became irrecoverable or lost. 2: A coroner is not required to view any body. 1951 No 73 s 15 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 25: Inquests to be public 1: Except as provided in this section, every inquest shall be held in a place that is open to the public. 2: A coroner may— a: Exclude any persons from the whole or any part of an inquest; or b: Prohibit the publication of any evidence given at an inquest or any other part of the proceedings of an inquest,— if satisfied that it is in the interests of justice, decency, or public order to do so. 3: A coroner may direct any witness whose evidence has not yet been heard at an inquest to remain, or go and remain, outside the place where it is being held until required to give evidence. 1951 No 73 s 16 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 26: Evidence 1: Except as provided in this Act, at an inquest a coroner shall hear evidence from any person— a: Who tenders, in respect of the death concerned, evidence relevant to any of the matters required by section 15(1)(a) b: Whom the coroner thinks it appropriate to examine. 2: Every person who gives evidence at an inquest shall do so on oath. 3: A coroner may cross-examine any person who gives evidence at an inquest. 4: Any person specified in section 23(2) 5: Subject to subsection (6) 6: A coroner shall not admit any evidence at an inquest unless satisfied that its admission is necessary or desirable for the purpose of establishing any matter specified in section 15(1)(a) 7: Notwithstanding subsection (1) a: The coroner is satisfied that there is no reason making it desirable for the witness to give the evidence orally; and b: No person attending the inquest who is entitled to cross-examine the witness objects. 8: A witness who gives evidence at an inquest under subsection (7) 9: The evidence given by each witness at an inquest and admitted by the coroner shall be put into writing by the coroner, read over by or to the witness, and signed by the witness and the coroner. 1951 No 73 s 17 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 27: Evidence at distance 1: A coroner who— a: Intends to hold or is holding an inquest; and b: Is satisfied that it is necessary or desirable to have any evidence taken at a place other than the place where the inquest is to be or is being held,— may, by written notice signed by the coroner, authorise some other coroner or, if no other coroner is available, a Justice to take the evidence. 2: A coroner or Justice taking evidence under subsection (1) section 23 3: Subsections (1) to (7) subsection (1) 4: The evidence given by each witness under subsection (1) 1951 No 73 s 18 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 28: Procedure where person charged with offence or some other inquiry to be held 1: Subject to subsection (4) a: Has been informed that some person has been or may be charged with a criminal offence relating to the death or its circumstances; and b: Is satisfied that to open or (as the case requires) proceed with the inquest might prejudice the person;— and in that case the coroner shall not open or proceed with the inquest until criminal proceedings against the person have been finally concluded. 2: Subsection (1) section 31 of the Births and Deaths Registration Act 1951 3: Subject to subsection (5) a: An inquiry into the death or the circumstances in which it occurred is being or is likely to be held under some enactment other than this Act; and b: Either— i: The matters specified in section 15(1)(a) ii: To open or continue with the inquest would be likely to prejudice the inquiry or some person interested in it. 4: A coroner who has postponed or adjourned an inquest under subsection (1) 5: A coroner who has postponed or adjourned an inquest under subsection (3) a: An inquiry into the death or the circumstances in which it occurred is not likely to be held under any enactment other than this Act; or b: Such an inquiry is being or is to be held, but— i: The matters specified in section 15(1)(a) ii: To open or resume the inquest will not prejudice the inquiry or any person interested in it. 6: Notwithstanding section 17 section 15(1)(a) 7: A coroner who decides not to open or resume an inquest under subsection (6) 8: If no appeal (or, as the case requires, no further appeal) can be made in the course of any criminal proceedings unless the High Court or Court of Appeal grants an extension of time, the proceedings are finally concluded for the purposes of this section. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (3) amended 2 September 1996 Coroners Amendment Act 1996 by substituting subsection (5) subsection (4) 29: Publication of details of self-inflicted deaths 1: In this section,— Make public a: Broadcasting (within the meaning of the Broadcasting Act 1989 b: A newspaper (within the meaning of the Defamation Act 1992 c: A book, journal, magazine, newsletter, or other similar document; or d: A sound or visual recording: Particular 2: If— a: There is reasonable cause to believe that a death that occurred in New Zealand after the commencement of this Act was self-inflicted; and b: No inquest into it has been completed,— without the authority of a coroner no person shall make public any particular relating to the manner in which it occurred. 3: Where any coroner has found a death to be self-inflicted,— a: Subject to paragraph (b) i: The name, address, and occupation of the person concerned; and ii: The fact that the coroner has found the death to be self-inflicted; but b: Nothing in paragraph (a) i: Prevents the Independent Police Conduct section 34(1)(b) Independent Police Conduct ii: Prevents the Commissioner of Police from publishing under section 34(2) section 27 28 iii: Prevents any person from making public a particular of the death contained in any such report, opinion, recommendation, or part of an opinion or recommendation, published under that Act,— without the authority of a coroner. Section 29 substituted 2 September 1996 Coroners Amendment Act 1996 Section 29(3)(b)(i) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Subsection (3) amended 1 February 1993 56(1) Defamation Act 1992 by substituting within the meaning of the Defamation Act 1992 Broadcasting Act 1989 or broadcasting station within the meaning of the Defamation Act 1954 30: Review of coroner's decision as to publication 1: Any person affected by— a: A prohibition under section 25(2)(b) b: A refusal to give authority under section 29 by a coroner who is not a District Court Judge may apply to a District Court Judge for a review of the prohibition or refusal; and the Judge may, in the Judge's absolute discretion and on any ground the Judge thinks fit,— c: In the case of a prohibition, confirm, modify, or revoke it: d: In the case of a refusal, confirm it, or issue an authority, either unconditionally or subject to any condition the Judge thinks fit. 2: Until a District Court Judge reaches a decision on an application under this section, the prohibition or refusal concerned shall continue in effect. 1951 No 73 s 22 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 31: Findings of coroner The coroner holding or completing an inquest shall consider all the evidence admitted at the inquest and, in the light of the matters specified in section 15(1)(a) a: All depositions of evidence admitted at the inquest; and b: A certificate of the registration of the death (if applicable); and c: Where the inquest was held pursuant to the authority of the Solicitor-General given under section 16(c) d: Any recommendations or comments under section 15(1)(b) 1951 No 73 s 24 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 5: Coroners This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 32: Appointment of coroners and deputies 1: The Governor-General may from time to time by warrant appoint any person to be a coroner. 2: The Governor-General may from time to time by warrant appoint any person to be the deputy of a coroner. 2A: Every appointment under this section after the commencement of section 141 Coroners Act 2006 3: Subject to the directions (if any) of the coroner, the deputy of a coroner has and may exercise and perform all the powers, duties, and functions of the coroner. 4: Neither a vacancy in the office of coroner at any place nor the appointment of a new coroner at any place affects the powers, duties, and functions of a deputy appointed under subsection (2) 5: The fact that the deputy of a coroner exercises or performs any power, duty, or function is conclusive evidence of the deputy's authority to do so. 1951 No 73 s 2(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (2A) inserted 30 August 2006 141 Coroners Act 2006 See section 142 33: Retirement of coroners and deputies 1: Subject to subsection (2) 70 2: Every coroner who was appointed before the commencement of this Act shall retire on or before attaining the age of 72 years. 3: Notwithstanding subsections (1) (2) subsection (4) 4: No person may be appointed under subsection (3) a: for a term that, when added to that person's previous terms of appointment under that subsection, results in a sum that exceeds 2 years; or b: on or after the commencement of section 141 Coroners Act 2006 5: Notwithstanding subsections (1) (2) a: A successor is appointed; or b: The Secretary gives the coroner or deputy coroner written notice that a successor is not for the time being to be appointed. 6: A coroner or deputy coroner may at any time resign the office by written notice to the Minister 1951 No 73 s 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1) amended 6 March 2007 4 Coroners Act 1988 Amendment Act 2007 by substituting 70 68 Subsection (4) substituted 30 August 2006 141 Coroners Act 2006 See section 142 Subsection (6) amended 22 October 2003 5 Coroners Amendment Act 2003 by omitting of Justice 34: Removal from office The Governor-General may, if the Governor-General thinks fit, remove a coroner or deputy coroner from office for inability or misbehaviour. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 35: Powers of coroners 1: For the purpose of exercising or performing any power, function, or duty under this Act, a coroner has the powers, privileges, authorities, and immunities of a District Court Judge exercising jurisdiction under the Summary Proceedings Act 1957 1A: Despite subsection (1) Part 7 Summary Proceedings Act 1957 2: In relation to an inquest held by a coroner, the coroner has power to— a: Issue summonses for the attendance of witnesses: b: Issue warrants to enforce such summonses: c: Maintain order: d: Administer oaths to witnesses: e: Punish for contempt: f: Adjourn proceedings from time to time and place to place. 3: Subsection (2) subsection (1) 4: The Summary Proceedings Act 1957 1951 No 73 s 4 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1A) inserted 20 May 2004 3 Coroners Amendment Act 2004 6: Miscellaneous provisions This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 36: Coroner may act in place of Justice or other coroner 1: Where— a: A death has been reported under this Act— i: To a Justice; or ii: To a coroner who has died, or is unable, by reason of illness, absence, or other sufficient cause, to deal, or deal further, with the report; or b: A coroner authorised under this subsection to deal or deal further with the report of a death has died, or is unable, by reason of illness, absence, or other sufficient cause, to deal, or deal further, with the report,— the Secretary may authorise a coroner to deal or deal further with the report; and in that case this Act shall apply as if the death had been reported to the authorised coroner. 2: Where a coroner authorised under this subsection or section 22(2) 40(4) a: Has not yet opened it; and b: Has died, or is unable, by reason of illness, absence, or other sufficient cause, to open it,— the Secretary may authorise a coroner to hold it; and in that case this Act shall apply as if the death concerned had been reported to the authorised coroner. 3: Where— a: A Justice has opened an inquest under section 6(2)(b) b: The coroner who opened an inquest, or a coroner authorised under this subsection to complete an inquest, has died or is unable, by reason of illness, absence, or other sufficient cause, to complete it,— the Secretary may authorise a coroner to complete it; and in that case this Act shall apply as if the inquest had been opened by the authorised coroner, and the authorised coroner shall act upon any evidence already admitted at the inquest as if it had been admitted by the authorised coroner. 1951 No 73 s 23 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 37: Police to assist at inquests and inquiries The Commissioner of Police shall cause members of the Police to assist at all inquests, inquiries, and investigations, under this Act. 1951 No 73 s 25 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 38: Solicitor-General may require inquest where new facts discovered 1: If satisfied that since a coroner decided not to hold an inquest into a death new facts have been discovered that make it desirable to hold one, the Solicitor-General may order one to be held; and in that case an inquest shall be held. 2: If satisfied that since an inquest was completed new facts have been discovered that make it desirable to hold another, the Solicitor-General may order another to be held; and in that case another shall be held. 3: An order under this section shall be in writing and shall either— a: Specify the coroner who is to hold the inquest, and be served on that coroner; or b: Specify that it is to be held by a coroner (being a coroner who has not previously held an inquest into the death concerned) authorised by the Secretary, and be served on the Secretary, who shall serve it on the coroner authorised;— and, subject to section 36 4: Subsections (1) (2) section 16 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 39: High Court may order post-mortem examination in certain circumstances 1: The Solicitor-General may apply to the High Court for an order for a post-mortem examination of a body to be performed. 2: If satisfied, on application under this section, that— a: The performance of a post-mortem examination of a body is necessary or desirable for the purposes of this Act; and b: The coroner who might have authorised its performance has failed or refused to do so,— the High Court may order that a doctor be authorised to perform it; and in that case the Solicitor-General shall authorise a doctor to perform it, and the doctor shall do so. 3: Notwithstanding section 14 a: The Solicitor-General may give any directions the Solicitor-General thinks fit relating to the removal of the body concerned; and b: No coroner shall— i: Give any directions under section 13(1) ii: Authorise the disposal of the body under section 13(2) until the authorised post-mortem examination has been completed. 4: Sections 9 to 11 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 40: High Court may order inquest in certain cases 1: The Solicitor-General may apply to the High Court for an order for an inquest to be held into any death. 2: If satisfied, on application under this section, that— a: An inquest into a death is necessary or desirable; and b: The coroner by whom the inquest should be held has failed or refused to hold one;— the High Court may order one to be held; and in that case an inquest shall be held. 3: If satisfied, on application under this section, that— a: One or more inquests have been held into a death; but b: Another should be held— i: By reason of fraud, rejection of evidence, irregularity of proceedings, or discovery of new facts; or ii: For any other sufficient reason,— the High Court may order another to be held; and in that case another shall be held. 4: An order under this section shall specify— a: The coroner who is to hold the inquest, or b: That it is to be held by a coroner (being a coroner who has not previously held an inquest into the death concerned) authorised by the Secretary;— and, subject to section 36 5: Subsections (2) (3) section 16 1951 No 73 ss 26, 27 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 41: Procedure at inquests ordered under section 38 40 1: The findings of an inquest held pursuant to section 38 40 2: Except to the extent that the High Court may have ordered otherwise under section 40 section 38 3: Except as provided in this section and sections 38 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 42: Protection of witness and counsel Witnesses attending and giving evidence for the purposes of inquests held under this Act, and counsel appearing before coroners or Justices for the purposes of this Act, have the same privileges and immunities as witnesses and counsel in Courts of law. 1951 No 73 s 28 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 43: Offences and penalties 1: Every doctor commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $1,000, who fails or refuses to give to a coroner a report required under this Act. 2: Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $2,000, who— a: Fails or refuses to comply with a direction under section 13 b: Hinders or prevents any person from complying with such a direction. 3: Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $5,000 in the case of a body corporate, or $1,000 in any other case, who publishes or permits to be published any information in contravention of section 29 section 25(2)(b) 4: Every person commits an offence against this Act, and is liable to imprisonment for a term not exceeding 7 years, who makes a written statement as to the identity of a person for the purposes of section 20(2) a: Knowing the statement to be false; and b: Intending to mislead persons who might rely upon it. 1951 No 73 s 29 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 44: Information held in responsible department 1: During ordinary office hours, any person may, without charge, inspect and, upon payment of the prescribed fee, obtain a copy of any certificate or notice given to the Secretary under this Act. 2: During ordinary office hours, any person may inspect and, upon payment of the prescribed fee, obtain a copy of any— a: Document given by a coroner to the Secretary under this Act, relating to an inquest that was completed during the previous 12 months; or b: Document given by a coroner to the Secretary under this Act during the previous 12 months relating to a death in respect of which the coroner decided not to hold an inquest. 3: Subject to subsection (2) a: in the case of a request made by the individual to whom the information relates, in accordance with the Privacy Act 1993 b: in any other case, in accordance with the Official Information Act 1982 4: Subsections (2) (3) section 24(2) of the Coroners Act 1951 5: Nothing in this section authorises the publication of any information in contravention of section 29 section 25(2)(b) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 The heading to section 44 amended 22 October 2003 6(1) Coroners Amendment Act 2003 by substituting responsible department Department of Justice Subsection (3) substituted 22 October 2003 6(2) Coroners Amendment Act 2003 45: Regulations The Governor-General may from time to time, by order in Council, make regulations for all or any of the following purposes: a: Prescribing salaries, fees, allowances, and travelling allowances and expenses, for coroners, deputy coroners, assessors, witnesses, doctors, analysts, and pathologists, who perform any function under this Act or give evidence at an inquest held under this Act: b: Providing for other matters contemplated by or necessary for giving full effect to this Act and for its due administration. 1951 No 73 ss 32, 33(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 46: Consequential amendments The enactments specified in Schedule 1 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 47: Repeals The enactments specified in Schedule 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144

DLM139247

1988

Queen Elizabeth the Second National Trust Amendment Act 1988

1: Short Title This Act may be cited as the Queen Elizabeth the Second National Trust Amendment Act 1988, and shall be read together with and deemed part of the Queen Elizabeth the Second National Trust Act 1977 2: Directors of Trust 1: 2: Notwithstanding anything in subsection (1) section 4(1)(e) section 6(6) section 7 section 4(1)(f) subsection (1) Subsection (1) repealed 12 June 1991 16(d) Queen Elizabeth the Second National Trust Amendment Act 1991 3: Meetings of Board 1: 2: So much of Schedule 2 Conservation Act 1987 section 9(5) Subsection (1) repealed 12 June 1991 16(d) Queen Elizabeth the Second National Trust Amendment Act 1991

DLM136755

1988

Shipping Corporation of New Zealand Act Repeal Act 1988

1: Short Title and commencement 1: This Act may be cited as the Shipping Corporation of New Zealand Act Repeal Act 1988. 2: Subject to subsection (3), sections 2 to 6 3: In the case of sections 5 6 Section 1(2) brought into force 4 April 1989 Shipping Corporation of New Zealand Act Repeal Act Commencement Order 1989 Section 1(2) brought into force 13 April 1989 Shipping Corporation of New Zealand Act Repeal Act Commencement Order (No 2) 1989 2: Repeals The following enactments are hereby repealed: a: the Shipping Corporation of New Zealand Act 1973 b: Amendment(s) incorporated in the Act(s) 3: Provisions relating to Minister's shareholding in The Shipping Corporation of New Zealand Limited 1: Shares in The Shipping Corporation of New Zealand Limited held in the name of a Minister of the Crown shall be held by the person for the time being holding that office. 2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of shares of the kind referred to in subsection (1) consequent upon a change in the person holding office as that Minister of the Crown. 3: Each Minister of the Crown who holds shares in The Shipping Corporation of New Zealand Limited on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 4: A Minister of the Crown who holds shares in The Shipping Corporation of New Zealand Limited may at any time or times, by written notice to the secretary of The Shipping Corporation of New Zealand Limited, authorise (on such terms and conditions as are specified in the notice) such person as that Minister thinks fit to act as that Minister's representative at any or all of the meetings of shareholders of The Shipping Corporation of New Zealand Limited or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of that Minister as that Minister could exercise if present in person at the meeting or meetings. 4: Amendment to State-Owned Enterprises Act 1986 Amendment(s) incorporated in the Act(s) 5: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 6: Amendment to Income Tax Act 1976 Section 6 repealed 1 April 1995 section YB 3(1) Income Tax Act 1994