1: Title
This Act is the Telecommunications (Interception Capability) Act 2004.
1: Preliminary provisions
General
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: In this Act, unless the context otherwise requires,— call associated data
a: means information—
i: that is generated as a result of the making of the telecommunication (whether or not the telecommunication is sent or received successfully); and
ii: that identifies the origin, direction, destination, or termination of the telecommunication; and
b: includes, without limitation, any of the following information:
i: the number from which the telecommunication originates:
ii: the number to which the telecommunication is sent:
iii: if the telecommunication is diverted from one number to another number, those numbers:
iv: the time at which the telecommunication is sent:
v: the duration of the telecommunication:
vi: if the telecommunication is generated from a mobile telephone, the point at which the telecommunication first enters a network; but
c: does not include the content of the telecommunication compliance order section 21 end-user intelligence and security agency
a: the New Zealand Security Intelligence Service; or
b: the Government Communications Security Bureau intercept
a: while it is taking place on a telecommunications network; or
b: while it is in transit on a telecommunications network interception capability section 8 interception warrant
a: section 53
b: section 4A(1) or (2)
c: section 15A(1)(a) law enforcement agency
a: the New Zealand Police; or
b: any government department declared by the Governor-General, by Order in Council, to be a law enforcement agency for the purposes of this Act Minister network operator
a: a person who owns, controls, or operates a public telecommunications network; or
b: a person who supplies (whether by wholesale or retail) another person with the capability to provide a telecommunications service number
a: means the address used by a network operator or a telecommunications service for the purposes of—
i: directing a telecommunication to its intended destination; and
ii: identifying the origin of a telecommunication; and
b: includes, without limitation, any of the following:
i: a telephone number:
ii: a mobile telephone number:
iii: a unique identifier for a telecommunication device (for example, an electronic serial number or a Media Access Control address):
iv: a user account identifier:
v: an Internet Protocol address:
vi: an email address other lawful interception authority
a: means an authority—
i: to intercept a private communication that is granted to any member of the New Zealand Police under section 216B(3)
ii: to access an information infrastructure (within the meaning of the Government Communications Security Bureau Act 2003 section 15A(1)(b)
b: includes an authority to intercept a private communication (whether in an emergency situation or otherwise) that is granted to any member of a surveillance agency under any other enactment public data network
a: means a data network used, or intended for use, in whole or in part, by the public; and
b: includes, without limitation, the following facilities:
i: Internet access; and
ii: email access public switched telephone network public telecommunications network
a: a public switched telephone network; and
b: a public data network responsible Ministers
a: the Minister in charge of the New Zealand Security Intelligence Service; and
b: the Minister in charge of the Government Communications Security Bureau; and
c: the Minister of Police service provider
a: means any person who provides a telecommunications service to an end-user (whether or not as part of a business undertaking and regardless of the nature of that business undertaking); but
b: does not include a network operator surveillance agency
a: a law enforcement agency; or
b: an intelligence and security agency telecommunication device
a: means any terminal device capable of being used for transmitting or receiving a telecommunication over a network; and
b: includes a telephone device.
2: In this Act, unless the context otherwise requires, network telecommunication telecommunication link telecommunications service telephone device section 5 Section 3(1) interception warrant replaced 1 October 2012 section 340(2) Search and Surveillance Act 2012 Section 3(1) interception warrant amended 26 September 2013 section 29 Government Communications Security Bureau Amendment Act 2013 Section 3(1) other lawful interception authority replaced 26 September 2013 section 29 Government Communications Security Bureau Amendment Act 2013
4: Act binds the Crown
This Act binds the Crown. Purpose and principles
5: Purpose
The purpose of this Act is to ensure—
a: that surveillance agencies are able to effectively carry out the lawful interception of telecommunications under an interception warrant or any other lawful interception authority; and
b: that surveillance agencies, in obtaining assistance for the interception of telecommunications, do not create barriers to the introduction of new or innovative telecommunications technologies; and
c: that network operators and service providers have the freedom to choose system design features and specifications that are appropriate for their own purposes.
6: Principles
The following principles must be applied by persons who exercise powers and carry out duties under this Act if those principles are relevant to those powers or duties:
a: the principle that the privacy of telecommunications that are not subject to an interception warrant or any other lawful interception authority must be maintained to the extent provided for in law:
b: the principle that the interception of telecommunications, when authorised under an interception warrant or any other lawful interception authority, must be carried out without unduly interfering with any telecommunications.
2: Interception duties
Duty to have interception capability
7: Network operators must ensure public telecommunications networks and telecommunications services have interception capability
1: A network operator must ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand, has an interception capability.
2: However, subsection (1)—
a: does not require a network operator to ensure that all components of the public telecommunications network or telecommunications service referred to in that subsection have an interception capability; and
b: is sufficiently complied with if a network operator ensures, in whatever manner the network operator thinks fit, that at least 1 component of that network or service has an interception capability.
3: Without limiting subsection (1), the duty under that subsection to have an interception capability includes the duty to ensure that the interception capability is developed, installed, and maintained.
8: When duty to have interception capability is complied with
1: A public telecommunications network or a telecommunications service has an interception capability if every surveillance agency that is authorised under an interception warrant or any other lawful interception authority to intercept telecommunications or services on that network, or the network operator concerned, is able to—
a: identify and intercept telecommunications without intercepting telecommunications that are not authorised to be intercepted under the warrant or authority; and
b: obtain call associated data relating to telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or authority); and
c: obtain call associated data and the content of telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or authority) in a format that is able to be used by the agency; and
d: carry out the interception of telecommunications unobtrusively, without unduly interfering with any telecommunications, and in a manner that protects the privacy of telecommunications that are not authorised to be intercepted under the warrant or authority; and
e: undertake the actions referred to in paragraphs (a) to (d) efficiently and effectively and,—
i: if it is reasonably achievable, at the time of transmission of the telecommunication; or
ii: if it is not reasonably achievable, as close as practicable to that time.
2: If a network operator, or an employee or agent of a network operator, undertakes the interception of a telecommunication on behalf of a surveillance agency under subsection (1), the interception must be taken to be complete when the network operator provides the call associated data or the content of the telecommunication, or both, to the surveillance agency.
3: A network operator must, in order to comply with subsection (l)(c), decrypt a telecommunication on that operator's public telecommunications network or telecommunications service if—
a: the content of that telecommunication has been encrypted; and
b: the network operator intercepting the telecommunication has provided that encryption.
4: However, subsection (3) does not require a network operator to—
a: decrypt any telecommunication on that operator's public telecommunications network or telecommunications service if the encryption has been provided by means of a product that is—
i: supplied by a person other than the operator and is available on retail sale to the public; or
ii: supplied by the operator as an agent for that product; and
b: ensure that a surveillance agency has the ability to decrypt any telecommunication. Limits on duty to have interception capability
9: Certain facilities excluded from scope of duty under section 7
Despite section 7
10: Design of networks not affected by this Act
This Act does not authorise a surveillance agency to—
a: require any person to adopt a specific design or feature for any network; or
b: prohibit any person from adopting any specific design or feature for any network. Exemptions
11: Minister may grant exemptions
1: The Minister may exempt any network operator from the requirements of section 7 section 8 section 8(1)(a) and (d)
2: The Minister may grant the exemption—
a: unconditionally; or
b: subject to any conditions the Minister thinks fit.
3: The exemption—
a: must be granted for a period of time that the Minister specifies; and
b: may, at any time, be varied or revoked by the Minister.
12: Minister must consult responsible Ministers before granting exemption
1: Before granting, varying, or revoking an exemption under section 11
2: A failure to comply with subsection (1) does not affect the validity of any exemption granted under section 11 Duty to assist
13: Duty to assist surveillance agencies
1: A surveillance agency to whom an interception warrant is issued, or any other lawful interception authority is granted, may, for the purpose of requiring assistance in the execution of the warrant or the authority, show to either or both of the persons referred to in subsection (2),—
a: in the case of an interception warrant issued to an intelligence and security agency, a copy of the relevant parts of the warrant; or
b: in any other case, a copy of the warrant or evidence of the authority.
2: The persons are—
a: a network operator:
b: a service provider.
3: A person who is shown under subsection (1) a copy of an interception warrant or the relevant parts of the warrant, or evidence of any other lawful interception authority, must assist the surveillance agency by—
a: making available any of the person's officers, employees, or agents who are able to provide any reasonable technical assistance that may be necessary for the agency to intercept a telecommunication that is subject to the warrant or authority; and
b: taking all other reasonable steps that are necessary for the purpose of giving effect to the warrant or authority.
4: For the purposes of this section, a network operator may intercept a telecommunication on behalf of a surveillance agency.
14: Duty to minimise impact of interception on third parties
Every person who, under an interception warrant or any other lawful interception authority, intercepts or assists in the interception of a telecommunication must take all practicable steps that are reasonable in the circumstances to minimise the likelihood of intercepting telecommunications that are not authorised to be intercepted under the warrant or authority.
3: Miscellaneous provisions
Transitional provision
15: Network operators have lead-in time to attain interception capability
1: Section 7
a: in the case of a public switched telephone network or a telecommunications service, 18 months after that commencement; and
b: in the case of a public data network, 5 years after that commencement.
2: However, any interception capability on a public telecommunications network or a telecommunications service that was in place, or that was the subject of an agreement between the Crown and a network operator, before the commencement of this Act must be developed, installed, and maintained as if subsection (1) and sections 16 17 Allocation of costs relating to interception capability
16: Allocation of costs of interception capability on public switched telephone network or telecommunications service
1: The costs incurred, during the period referred to in section 15(1)(a)
a: in the case of a public switched telephone network or a telecommunications service that was operational on or before the specified date, by the Crown; or
b: in the case of a public switched telephone network or a telecommunications service that became operational after the specified date, by the network operator that, as the case may be, owns, controls, or operates that network or provides that service.
2: On the expiry of the period referred to in section 15(1)(a)
3: The obligation of the Crown to pay for the costs under subsection (1)(a)—
a: relates only to the fair and reasonable costs associated with any modifications to a public switched telephone network or a telecommunications service that are necessary for that network or service to attain an interception capability; and
b: does not apply to the costs of upgrading a public switched telephone network or a telecommunications service that was operational on or before the specified date unless the sole purpose of upgrading that network or service is to ensure that it has an interception capability (in which case the obligation of the Crown is limited to paying for the costs connected with attaining an interception capability on that network or service and does not extend to the other costs of the upgrade).
4: In this section, specified date
17: Costs of interception capability on public data network
The costs incurred in ensuring that a public data network has an interception capability must be paid for by the network operator that owns, controls, or operates that network. Costs relating to interceptions
18: Costs incurred in assisting surveillance agencies
1: A surveillance agency must pay for the actual and reasonable costs incurred by a network operator or a service provider in providing assistance to the agency under section 13
2: A surveillance agency must pay the costs referred to in subsection (1) by the date specified for payment, whether in an invoice or other appropriate document given to the agency by a network operator or a service provider, being a date not less than 1 month after the date of the invoice or other appropriate document. Resolution of disputes about costs
19: Dispute about costs must be referred to mediation or arbitration
1: This section applies to any dispute about the reasonableness of the costs that are incurred, or claimed to have been incurred, in the performance of the duties imposed by this Act that arises between,—
a: in the case of costs under sections 16 17
b: in the case of costs under section 18
2: If a dispute to which this section applies is unable to be resolved by agreement between the parties, the dispute must be referred to—
a: mediation; or
b: if the parties are unable to resolve the dispute at mediation, arbitration.
3: If a dispute is referred to arbitration under subsection (2)(b), the provisions of the Arbitration Act 1996 Protection from liability
20: Protection from liability
1: This section applies to—
a: every network operator; and
b: every service provider; and
c: every surveillance agency; and
d: every person employed or engaged by a person referred to in paragraphs (a) to (c).
2: No person to whom this section applies is liable for an act done or omitted to be done in good faith in the performance of a duty imposed, or the exercise of a function or power conferred, by this Act. Compliance orders
21: Power of High Court to order compliance
1: If any person has not complied with any of the duties set out in Part 2
a: to do any specified thing; or
b: to cease any specified activity.
2: A compliance order may be made on the terms and conditions that the High Court thinks fit, including the provision of security or the entry into a bond for performance.
22: Application for compliance order
Any officer or employee of a surveillance agency may apply to a High Court for a compliance order.
23: Right to be heard
Before deciding an application for a compliance order, the High Court must—
a: hear the applicant; and
b: hear any person against whom the order is sought who wishes to be heard.
24: Decision on application
After considering an application for a compliance order, the High Court may—
a: make a compliance order under section 21
b: refuse the application. Appeals against making of compliance order
25: Appeals to Court of Appeal
1: A party to proceedings relating to an application for a compliance order or any other person prejudicially affected may, with the leave of the Court of Appeal, appeal to that court if the High Court—
a: has made or refused to make a compliance order; or
b: has otherwise finally determined or has dismissed the proceedings.
2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
3: The decision of the Court of Appeal on an appeal under this section, and on an application to it under this section for leave to appeal, is final.
26: Effect of appeal
Except where the Court of Appeal otherwise directs,—
a: the operation of a compliance order is not suspended by an appeal under section 25
b: every compliance order may be enforced in the same manner and in all respects as if that appeal were not pending. Enforcement
27: Pecuniary penalty for contravention of compliance order
1: If the High Court is satisfied, on the application of a surveillance agency, that a person has acted in contravention of a compliance order, the court may order the person to pay to the Crown any pecuniary penalty that the court determines to be appropriate.
2: The amount of any pecuniary penalty under subsection (1) must not exceed $500,000.
3: In the case of a continuing contravention of a compliance order, the court may, in addition to any pecuniary penalty ordered to be paid under subsection (1), impose a further penalty of $50,000 for each day or part of a day during which the contravention continues.
4: The standard of proof in any proceedings under this section is the standard of proof that applies in civil proceedings.
5: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. Regulations
28: Regulations
1: The Governor-General may, by Order in Council, make regulations for either or both of the following purposes:
a: prescribing the format in which call associated data and the content of a telecommunication must be provided for the purposes of section 8(1)(c)
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Before recommending the making of an Order in Council under subsection (1)(a), the Minister must have regard to all of the following matters:
a: the reasonableness of making the regulations; and
b: the costs to network operators; and
c: the benefits to law enforcement and the security of the State.
3: Subsection (2) does not apply to an Order in Council if the Minister considers it desirable in the public interest that the Order in Council be made urgently.


Radio New Zealand Amendment Act 2004

1: Title
1: This Act is the Radio New Zealand Amendment Act 2004.
2: In this Act, the Radio New Zealand Act 1995 the principal Act
2: Commencement
This Act comes into force on 1 July 2004.
3: Charter
1: Section 7(1)(a) cultural , spiritual, and ethical
2: Section 7(1)(c) varied interests and a full range of age groups
3: Section 7(1) paragraph (g)
ga: an international radio service to the South Pacific ( Radio New Zealand International .
4: Section 7(2) paragraph (d)
d: surveys, commissioned annually, of persons who are members of its current audiences to establish whether those members consider that the quality and quantity of its services are being maintained in accordance with subsection (1)
e: surveys, commissioned from time to time, of persons who are not members of its current audiences.
5: Section 7 subsection (2)
2A: The public radio company must, as part of its annual report, inform the shareholding Ministers ofâ€”
a: the objectives and results of the annual surveys of its current audiences under subsection (2)(d)
b: the objectives and results of any surveys of people not in its current audiences under subsection (2)(e)
c: the measures, if any, it has taken in response to those results.


New Zealand Symphony Orchestra Act 2004

1: Title
This Act is the New Zealand Symphony Orchestra Act 2004.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
The purpose of the Act is to—
a: establish the Orchestra as a Crown entity for the purposes of section 7
b: set out the principal objectives of the Orchestra and its functions and powers:
c:
d:
e: repeal the New Zealand Symphony Orchestra Act 1988 and provide that the New Zealand Symphony Orchestra Limited ceases to exist:
f: transfer the property, money, and liabilities of the New Zealand Symphony Orchestra Limited to the Orchestra. Section 3(a) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 3(d) repealed 25 January 2005 section 200 Crown Entities Act 2004
4: Interpretation
In this Act, unless the context otherwise requires,— board board member member commencement day Minister New Zealand Symphony Orchestra Limited company Companies Act 1993 Orchestra section 6 Section 4 fees framework repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 statement of intent repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 subsidiary repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Act binds the Crown
This Act binds the Crown.
2: Establishment, structure, and powers of Orchestra and related matters
1: Key provisions about establishment of Orchestra
Establishment of Orchestra
6: Orchestra established
1: This section establishes the Orchestra.
2: Section 6(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Orchestra is Crown entity
1: The Orchestra is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Section 7 substituted 25 January 2005 section 200 Crown Entities Act 2004 Principal objectives and functions of Orchestra
8: Principal objectives of Orchestra
The principal objectives of the Orchestra are—
a: to provide the public of New Zealand with live and recorded performances of symphonic music performed to an international standard:
b: to provide an orchestra that—
i: is highly skilled and artistically imaginative; and
ii: has strong community support:
c: to be a leading New Zealand performing arts organisation with a role in the development of a distinctively New Zealand cultural environment:
d: to promote and encourage New Zealand musical composition and composers:
e: to provide performance opportunities for New Zealand musicians, whether as members of the orchestra or as soloists.
9: Functions of Orchestra
The functions of the Orchestra are—
a: to ensure that the orchestra presents a broad repertoire of orchestral performance including New Zealand works and recent works:
b: to encourage the development of New Zealand musicians:
c: to encourage the development of New Zealanders' knowledge and appreciation of orchestral music:
d: to develop and expand the audience of the orchestra on a national basis:
e: to provide a touring orchestra (which may also include international performances):
f: to carry out any other functions consistent with its principal objectives, as agreed to by the Minister after consultation with the Orchestra:
g: to co-operate with other institutions and organisations having objectives similar to those of the Orchestra.
10: Limitation applying to principal objectives and functions
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 Powers of Orchestra Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Capacity and powers of Orchestra
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
2: Key provisions about governance of Orchestra
Board is governing body of Orchestra
12: Board of Orchestra
1:
2: The board must consist of not fewer than 5 members and not more than 8 members
3: In addition to the requirements in section 29 Section 12(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
13: Role of board
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004 Other provisions relating to governance of Orchestra
14: Role of Minister
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Orchestra to have regard to government policy on matters of general administration
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Independence of Orchestra
The Minister may not give a direction to the Orchestra in relation to cultural matters. Section 16 substituted 25 January 2005 section 200 Crown Entities Act 2004
3: Key provisions about operation of board
Collective duties of board members
17: Collective duties of board
1: The board, acting collectively, must endeavour to ensure that the total operating costs of the Orchestra do not exceed its total operating revenues.
2: Subsection (1) does not limit the collective duties in the Crown Entities Act 2004 Section 17 substituted 25 January 2005 section 200 Crown Entities Act 2004 Individual duties of board members Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Individual duties of board members
Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004 Effect of breach of duties Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
19: Effect of breach of duties
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial and accountability provisions Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
20: Funds of Orchestra
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Bank accounts
Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004 Powers to invest and borrow Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
22: Restrictions on investments
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Restrictions on borrowing
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004 Reporting requirements Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Annual report
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
4: Provisions relating to interests in other bodies and subsidiaries of Orchestra
Subpart 4 heading repealed 25 January 2005 section 200 Crown Entities Act 2004 Limits on power of Orchestra to hold shares or other interests in other bodies or associations Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Shares in bodies corporate or interests in associations of persons
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004 Subsidiaries of Orchestra Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Limits to functions and powers of subsidiaries
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004 Remuneration and allowances for directors of subsidiaries Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Remuneration and allowances
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Protection of names
28: Protection of names
1: No person may be incorporated or registered under any enactment or in any other manner using the following names:
a: New Zealand Symphony Orchestra:
b: NZSO:
c: NZ Chamber Orchestra:
d: Symphony New Zealand:
e: National Youth Orchestra:
f: National Orchestra:
g: any other name that so resembles the names in paragraphs (a) to (f) as to be likely to mislead a person.
2: No person other than the Orchestra may, either alone or with another person, operate or carry on activities—
a: under a name in subsection (1); or
b: under a name, knowing that it so resembles a name listed in subsection (1) as to be likely to mislead a person.
3: A person who breaches subsection (2) commits an offence and is liable on Section 28(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Transitional provisions
Dissolution of New Zealand Symphony Orchestra Limited
29: Dissolution of New Zealand Symphony Orchestra Limited
1: On and from the commencement day,—
a: the New Zealand Symphony Orchestra Limited is dissolved; and
b: the term of office of every director of the company expires; and
c: the property belonging to the company vests in the Orchestra; and
d: money payable to or by the company becomes payable to or by the Orchestra; and
e: the liabilities, contracts, engagements, rights, and authorities of the company become the liabilities, contracts, engagements, rights, and authorities of the Orchestra; and
f: proceedings by or against the company may be continued, completed, or enforced by or against the Orchestra.
2: No director of the New Zealand Symphony Orchestra Limited is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: The Registrar of Companies must remove the name of the New Zealand Symphony Orchestra Limited from the register of companies kept under section 360(1)
30: Certain matters not affected by transfer to Orchestra
Nothing effected or authorised by this Act—
a: is to be regarded as placing the New Zealand Symphony Orchestra Limited, the Crown, the Orchestra, or other person in breach of contract or confidence, or as otherwise making any of them guilty of a civil wrong; or
b: is to 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: is to be regarded as placing the New Zealand Symphony Orchestra Limited, the Crown, the Orchestra, or other person in breach of an enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or
d: releases a surety wholly or in part from an obligation; or
e: invalidates or discharges a contract.
31: Reference to New Zealand Symphony Orchestra Limited is reference to Orchestra
On and from the commencement day, a reference to the New Zealand Symphony Orchestra Limited (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed, lease, application, notice, or other document in force immediately before the commencement day, must, unless the context otherwise requires, be read as a reference to the Orchestra.
32: Taxes and duties
1: For the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,—
a: the New Zealand Symphony Orchestra Limited and the Orchestra are the same person; and
b: a transaction entered into by, or an act of, the New Zealand Symphony Orchestra Limited is—
i: entered into by, or an act of, the Orchestra; and
ii: entered into, or performed by, the Orchestra at the time it was entered into, or performed by, the New Zealand Symphony Orchestra Limited.
2:
3: In this section, Inland Revenue Acts section 3(1) Section 32(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
33: Final report on New Zealand Symphony Orchestra Limited
1: The Orchestra must make a final report of the New Zealand Symphony Orchestra Limited to the Minister as soon as reasonably practicable after the commencement day.
2: The Minister must present the report to the House of Representatives as soon as reasonably practicable after receiving it from the Orchestra under subsection (1).
3: In this section, final report
a: a report setting out the information specified in section 41I
b: the financial statements of the New Zealand Symphony Orchestra Limited for that period—
i: setting out the information specified in section 41
ii: accompanied by an audit opinion prepared by the Auditor-General in accordance with section 43
34: Further transitional provisions
Part 5
7: Repeal and amendments
35: New Zealand Symphony Orchestra Act 1988 repealed
The New Zealand Symphony Orchestra Act 1988 is repealed.
36: Amendments to enactments
The Acts listed in Schedule 2


Sale of Liquor Amendment Act 2004

1: Title
1: This Act is the Sale of Liquor Amendment Act 2004.
2: In this Act, the Sale of Liquor Act 1989 the principal Act
2: Commencement
1: Section 5 4 section 5
2: Section 8 4 section 8
3: Sections 20 21 Part 2 Sale of Liquor Amendment Act 1999
4: Section 28
5: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act relating to licensing trusts
3: Purpose of this Part
The purpose of this Part is—
a: to increase the financial disclosure made by licensing trusts in relation to the fees and remuneration of presidents, members, and certain employees:
b: to require licensing trusts to hold annual meetings of electors:
c: to remove the restriction on local licensing trusts competing outside their districts:
d: to permit licensing trusts to reconstitute as community trusts.
4: Interpretation
Section 2 community trust
a: a community trust established under section 219G
b: a community trust that is the amalgamation of 2 or more community trusts under section 219Z generally accepted accounting practice
a: approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993
b: in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993
i: are appropriate to the licensing trust or community trust; and
ii: have authoritative support within the accounting profession in New Zealand public notice
a: for the purposes of this Act, other than Part 9A
i: nominated for the purpose of any application or other matter under this Act (whether generally or in any particular case) by the Secretary of the District Licensing Agency; and
ii: circulating in the locality to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises; and
iii: with an interval of not less than 5 nor more than 10 days between each notification:
b: for the purposes of Part 9A
i: circulating in the district of the licensing trust concerned or the region of the community trust concerned (as the case may be); and
ii: with an interval of not less than 5 nor more than 10 days between each notification
5: Yearly balance sheet and statements
Section 207 subsection (1)
1: On or before 30 June in each year, a licensing trust must prepare—
a: a yearly balance sheet and a profit and loss account; and
b: such other statements of account as may be necessary to show fully the financial position of the licensing trust and the financial results of its operations; and
c: a statement showing—
i: the sum paid to the president of the licensing trust by way of remuneration; and
ii: the total fees and expenses paid to the members of the licensing trust: and
iii: the number of employees and former employees of the licensing trust who received remuneration and any other benefits in their capacity as employees of the licensing trust, the value of which was or exceeded $100,000 per annum, and showing the number of employees in brackets of $10,000.
1A: The balance sheet, profit and loss account, and statements must—
a: be prepared in accordance with generally accepted accounting practice; and
b: relate to the financial year ended on 31 March preceding the date by which they must be prepared.
6: New section 207A inserted
The principal Act is amended by inserting, after section 207
207A: Annual meeting of electors
1: A licensing trust must call a meeting of electors to be held in each calendar year, beginning in the year 2004.
2: A meeting of electors must be held after, but not later than 2 months after, the yearly balance sheet, profit and loss account, and statements have been audited under section 207
3: Not less than 10 working days' public notice of a meeting of electors must be given to electors.
4: At a meeting of electors the president and members of the licensing trust must—
a: report to the electors on the licensing trust's operations in the most recent completed financial year; and
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment on, those operations.
7: Sections 217 to 219 repealed
1: Sections 217 to 219
2: Schedule 1 Company Law Reform (Transitional Provisions) Act 1994 section 219
8: New Part 9A inserted
1: The principal Act is amended by inserting, after Part 9
9A: Community trusts
Reconstitution of licensing trust as community trust
219A: Licensing trust members may resolve to reconstitute trust as community trust
1: The members of a licensing trust may pass a resolution that the trust be reconstituted as a community trust.
2: A resolution must not be passed within 12 months after any poll held under section 219F
219B: Public notice of resolution
1: Within 10 working days after passing a resolution under section 219A
2: The public notice must also refer to the right of electors of the licensing trust to require a meeting to be called under section 219C section 219E
219C: Electors may requisition meeting
1: Electors of the licensing trust may, by notice in writing, request the licensing trust to hold a public meeting to discuss the resolution.
2: If 50 or more electors request a meeting, the licensing trust must hold a public meeting within 20 working days after the day it received the required number of requests.
219D: Meeting to discuss resolution
1: A licensing trust must give not less than 5 working days' public notice of a meeting of electors of the licensing trust to discuss a resolution passed under section 219A
2: A meeting of electors of the licensing trust may resolve by a majority of votes to confirm or revoke a resolution.
3: If a resolution is confirmed, then the licensing trust must be reconstituted as a community trust.
4: Subsection (3) section 219E
5: If a resolution is revoked, then the licensing trust must not pass another resolution under section 219A
219E: Poll on resolution
1: Electors of the licensing trust may, by notice in writing, request the licensing trust to hold a poll on a resolution passed under section 219A
2: If, within 40 working days after public notice of the resolution is given, 15% or more of the electors of the licensing trust request a poll, the licensing trust must hold a poll on the resolution in accordance with regulations made under this Act.
3: A poll does not have to be held if a resolution has been revoked under section 219D(2)
4: A poll must be held even though a resolution has been confirmed under section 219D(2)
5: If on a poll a majority of electors who vote are in favour, then the licensing trust must be reconstituted as a community trust.
6: If on a poll a majority of electors who vote are not in favour, then the licensing trust must not pass another resolution under section 219A
7: A poll does not have to be held under this section if, within 12 months before receiving a request for a poll, the licensing trust held a poll under section 219F
219F: Electors may requisition poll
1: Electors of a licensing trust may, by notice in writing, request the licensing trust to hold a poll on whether the licensing trust should be reconstituted as a community trust.
2: If 15% or more of the electors request a poll, the licensing trust must hold a poll on the issue in accordance with regulations made under this Act.
3: If on a poll a majority of electors who vote are in favour, then the licensing trust must be reconstituted as a community trust.
4: If on a poll a majority of electors who vote are not in favour, then the licensing trust must not hold another poll under this section earlier than 3 years after the date on which the poll was held.
5: A poll does not have to be held under this section if, within 12 months before receiving a request for a poll, the licensing trust held a poll under section 219E
219G: Establishment of community trust
1: A licensing trust that is required by section 219D(3), section 219E(5), or section 219F(3)
2: A community trust is established when the licensing trust executes a trust deed providing for the matters specified in section 219N
3: The trust deed must, as soon as practicable after its execution, be notified in the Gazette
219H: Vesting of licensing trust's undertaking in community trust
1: The Governor-General may, by Order in Council made on the advice of the Minister given at the request of the licensing trust concerned, specify a date on which the licensing trust's undertaking is vested in the community trust established by the licensing trust.
2: The date specified in an Order in Council made under this section must be not less than 20 working days after the date on which the order is made.
3: On the date specified in an Order in Council made under this section,—
a: the licensing trust is dissolved:
b: all real and personal property, including all licences under this Act, belonging to the licensing trust, vests in the community trust:
c: all money payable to or by the licensing trust is payable to or by the community trust:
d: all liabilities, contracts (including employment agreements), and engagements, and all rights and authorities of any nature whatever, of the licensing trust are the liabilities, contracts, engagements, rights, and authorities of the community trust:
e: all proceedings by or against the licensing trust may be carried on or prosecuted by or against the community trust.
4: To avoid doubt, in the case of a licensing trust to which sections 215 and 216 subsection (3)(d) section 215(2)
5: Nothing authorised or effected under this section—
a: places the licensing trust or the community trust in breach of contract or confidence or makes them guilty of a civil wrong:
b: entitles any person to terminate or cancel any contract or arrangement or accelerate the performance of any obligation:
c: places the licensing trust or the community trust in breach of any enactment or rule of law prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information:
d: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of the licensing trust. Status, name, region, and purpose of community trust
219I: Community trust to be body corporate with full powers
1: A community trust is a body corporate with perpetual succession and a common seal.
2: For the purpose of its object and activities, a community trust has full rights, powers, and privileges.
3: The common seal of a community trust must be judicially noticed in all courts and for all purposes.
4: This section applies subject to the provisions of this Part.
219J: Name of community trust
1: A community trust must have a name.
2: A community trust may, from time to time, change its name, subject to subsection (3)
3: The name of a community trust must include the words Community Trust
219K: Region of community trust
The region of a community trust is the same as the district of the licensing trust immediately before it was reconstituted as a community trust.
219L: Object of community trust
1: All property vested in, or belonging to, a community trust is held on trust to be applied to charitable, cultural, philanthropic, recreational, and other purposes beneficial exclusively or principally to the community in the region of the community trust.
2: A community trust is authorised, but not required, to hold 1 or more licences under this Act and to carry on the business of selling or supplying liquor.
219M: Duty to apply net profits
1: A community trust must apply any net profits arising from its activities to the purpose of the community trust as described in section 219L
2: However, a community trust may, instead of applying all of its net profits as required by subsection (1) Trust deed
219N: Matters to be included in trust deed
1: A trust deed of a community trust must contain provisions—
a: specifying the name of the community trust:
b: specifying the purpose of the community trust as set out in section 219L
c: specifying the general activities to be undertaken by the community trust:
d: specifying the minimum and maximum number of trustees:
e: for the holding of, and voting at, meetings of trustees and specifying the quorum necessary for the holding of meetings of trustees:
f: for the remuneration of trustees:
g: specifying the manner in which a trustee may resign his or her office as trustee:
h: specifying the manner in which a vacancy in the office of trustee must be filled:
i: for the appointment of officers, employees, managers, and agents:
j: specifying the powers of investment of the trustees:
k: specifying the powers of the trustees to expend capital and income of the trust:
l: for the keeping of accounts:
m: specifying the manner in which the trust deed may be varied:
n: specifying any other matters that the licensing trust or community trust concerned considers appropriate.
2: Subsection (1)(m) section 219O
219O: Variation of trust deed
1: The trustees of a community trust may vary the trust deed of a community trust by executing a deed of variation of the trust deed.
2: A variation of the trust deed must, as soon as practicable after the variation is made, be notified in the Gazette
219P: Trust deed not to be inconsistent with this Act
1: A trust deed of a community trust must not contain provisions inconsistent with this Act.
2: A provision in a trust deed of a community trust that is inconsistent with this Act is unenforceable and of no effect.
3: In this section, trust deed includes a variation of the trust deed. Trustees
219Q: Trustees
The first trustees of a community trust are the members of the licensing trust immediately before it is reconstituted as the community trust.
219R: Election of subsequent trustees
1: Trustees of a community trust (after the first trustees) are to be elected.
2: An election of trustees must be held on the day on which the triennial general election of members of local authorities is held under the Local Electoral Act 2001
219S: Qualification of electors
A person who is qualified as a residential elector of a territorial authority in respect of an address in a community trust's region is qualified as an elector of the community trust.
219T: Conduct of elections
1: An election of trustees of a community trust is governed by this Act and the Local Electoral Act 2001
2: If a community trust's region is situated wholly within the district of a local authority, the roll of residential electors for the local authority's district is the roll of electors for the election of trustees of the community trust.
3: If a community trust's region is situated within the districts of 2 or more local authorities, the rolls of residential electors for the districts of the local authorities are the rolls of electors for the election of trustees of the community trust.
4: It is the duty of the electoral officer of the local authority of the district within which a community trust's region is situated, or the electoral officer of the local authority of every district situated wholly or partly within the community trust's region, to indicate on the roll of residential electors for the district of that local authority, by appropriate words, abbreviations, or marks, the names of the persons entitled to vote at elections of trustees of community trusts.
219U: In default of election Governor-General may appoint trustees
If, on the day appointed for the election of trustees of a community trust, no persons are duly elected, or the number of persons elected is less than the required number, the Governor-General may appoint as many qualified persons to be trustees as are required, and every person so appointed holds office in all respects as if that person had been duly elected in accordance with this Part.
219V: Term of office of trustees
1: The trustees of a community trust hold office until their successors are appointed or elected.
2: A trustee is eligible for re-election.
3: A trustee may resign office in the manner prescribed in the trust deed.
4: A trustee is to be treated as having resigned office as a trustee if at any time the trustee is, under section 219W
5: A trustee may be removed from office at any time by the Minister, by notice in writing,—
a: because the trustee is unable to perform his or her duties adequately; or
b: for neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
c: in any case where the Minister is satisfied on reasonable grounds that the trustee has acted or is acting in a manner prejudicial, or likely to be prejudicial, to the interests of the community trust.
6: If a trustee dies or resigns or ceases to hold office, the office of that trustee becomes vacant and the vacancy must be filled in the manner prescribed by the trust deed, and a person filling the vacancy holds office for the residue of the term of office of that trustee.
219W: Persons not capable of holding office as trustee
The following persons are not capable of being elected or of holding office as a trustee of a community trust:
a: a bankrupt—
i: who has not obtained a final order of discharge; or
ii: whose order of discharge has been suspended for a term not yet expired or is subject to a condition not yet fulfilled:
b: a person who has been convicted within the last 3 years of a criminal offence punishable by imprisonment:
c: a person who would be subject to an order under section 189 of the Companies Act 1955 Companies Amendment Act 1993
d: a person to whom an order made under section 199L of the Companies Act 1955 section 383 of the Companies Act 1993
e: a patient within the meaning of paragraph (b) or paragraph (c) Mental Health (Compulsory Assessment and Treatment) Act 1992
f: any person who is the subject of an order under the Protection of Personal and Property Rights Act 1988 Accountability
219X: Financial statements
1: The financial year of a community trust commences on 1 April in each year and ends on 31 March in the following year.
2: The trustees of a community trust must ensure that full and correct accounts of all the financial transactions of the community trust and its assets, liabilities, and funds are kept.
3: The trustees of a community trust must, within 3 months after the end of each financial year, prepare financial statements including a statement of financial position and income and expenditure account and notes to them, giving a true and fair view of the financial affairs of that community trust for the financial year.
4: The financial statements must be prepared in accordance with generally accepted accounting practice.
5: The financial statements must show separately—
a: the total remuneration paid to the trustees of the community trust:
b: the number of employees and former employees of the community trust who received remuneration and any other benefits in their capacity as employees of the community trust, the value of which was or exceeded $100,000 per annum, and showing the number of employees in brackets of $10,000:
c: the names of persons or organisations to whom distributions have been made by the community trust under sections 219L and 219M
d: the amounts distributed.
6: The financial statements must be audited by the Auditor-General.
7: The financial statements, when duly audited, must be open for public inspection.
8: A summary of the audited financial statements must, as soon as practicable after the completion of their audit, be publicly notified in the region of the community trust.
9: A community trust is not required to comply with this section in the year in which it is reconstituted as a community trust if, in that year before being reconstituted as a community trust, the licensing trust concerned complied with section 207
219Y: Annual meeting of electors
1: A community trust must call a meeting of electors of the community trust to be held in each calendar year.
2: A meeting of electors must be held after, but not later than 2 months after, the yearly balance sheet, profit and loss account, and statements have been audited under section 219X
3: Not less than 10 working days' public notice of a meeting of electors must be given to electors.
4: At a meeting of electors the trustees of the community trust must—
a: report to the electors on the community trust's operations in the most recent completed financial year; and
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment on, those operations.
5: A community trust is not required to comply with this section in the year in which it is reconstituted as a community trust if, in that year before being reconstituted as a community trust, the licensing trust concerned complied with section 207A Amalgamation and liquidation
219Z: Amalgamation of community trusts
1: Two or more community trusts may be amalgamated into 1 new community trust in accordance with this section.
2: Each trust must give public notice of the amalgamation proposal.
3: The amalgamation proposal must include—
a: the names of the persons who are to be the first trustees of the new community trust; and
b: the trust deed of the new community trust.
4: If, within 20 working days after the first publication of the public notice, at least 50 electors of a community trust concerned give written notice to the trust that they require a public meeting to be called to discuss the proposal, the community trust must arrange and hold such a meeting accordingly.
5: If, within 40 working days after the first publication of the public notice, at least 15% of the electors of a community trust concerned give written notice to the trust that they require a poll of electors to be held on the amalgamation proposal, the community trust must arrange for such a poll to be held in accordance with regulations made under this Act.
6: On a poll, the amalgamation proposal is carried if a majority of the valid votes recorded is in favour of the proposal.
7: If no poll is required or a poll is required and the amalgamation proposal is carried, and the community trusts decide to proceed with the proposal, they must submit it, together with a copy of the latest audited accounts of each trust, to the Minister.
8: The Governor-General may, by Order in Council made on the advice of the Minister given at the request of each of the community trusts concerned, amalgamate 2 or more community trusts into 1 community trust, and define the region of that new trust.
9: As from a date to be specified in the order, being not less than 20 working days after the date of the making of the order, the following provisions apply:
a: the original community trusts are dissolved:
b: all real and personal property, including all licences under this Act, belonging to each of the original community trusts vests in the new community trust:
d: all money payable to or by the original community trusts is payable to or by the new community trust:
d: all liabilities, contracts (including employment agreements), and engagements, and all rights and authorities of any nature whatever, of the original community trusts become the liabilities, contracts, engagements, rights, and authorities of the new community trust:
e: all proceedings by or against the original community trusts may be carried on or prosecuted by or against the new community trust:
f: the trustees of the new community trust are the persons named as the first trustees of the trust in the amalgamation proposal:
g: the trust deed of the new community trust is the trust deed included in the amalgamation proposal.
10: Nothing authorised or effected under this section—
a: places the original community trusts in breach of contract or confidence or makes them guilty of a civil wrong:
b: entitles any person to terminate or cancel any contract or arrangement or accelerate the performance of any obligation:
c: places the original community trusts in breach of any enactment or rule of law prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information:
d: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of an original community trust.
219ZA: Liquidation
Parts 16 and 17 of the Companies Act 1993
219ZB: Distribution of assets where community trust put into liquidation
Where the High Court puts a community trust into liquidation, any net surplus, whether or not in money, must be distributed to each local authority whose district is included wholly or partly within the community trust's region; and, where 2 or more local authorities qualify, the Court must determine the shares in proportion to the number of residents of each local authority's district who are electors of the community trust. Miscellaneous matters
219ZC: Taxes and duties
1: A community trust is liable to income tax, and to rates, and to all other taxes and duties, as if it were a body corporate formed for private pecuniary gain.
2: For the purposes of the Inland Revenue Acts (as defined in section 3 of the Tax Administration Act 1994
a: a community trust and the licensing trust that was constituted as the community trust are, in relation to all assets and liabilities that, by this Act, become the assets and liabilities of the community trust, deemed to be the same person:
b: all transactions entered into by, and all acts of, a licensing trust before it was reconstituted as a community trust, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the community trust, are deemed to have been entered into or performed by the community trust on the date on which they were entered into or performed by the licensing trust.
219ZD: Application of Trustee Act 1956
The Trustee Act 1956
219ZE: Application of Local Authorities (Members' Interests) Act 1968
For the purposes of the Local Authorities (Members' Interests) Act 1968
219ZF: Application of Local Government Official Information and Meetings Act 1987
For the purposes of Parts 1 to 4 of the Local Government Official Information and Meetings Act 1987
2: Schedule 1 Public Audit Act 2001 Community trusts established or amalgamated under Part 9A of the Sale of Liquor Act 1989
2: Other amendments to principal Act and Sale of Liquor Amendment Act 1999
9: Purpose of this Part
The purpose of this Part is—
a: to amend the principal Act to permit sales of grape wine and fruit wine at wineries on Easter Sunday; and
b: to amend the principal Act to provide an exception for persons who are under 18 years old purchasing liquor on licensed premises or being on licensed premises if they do so at the request of a member of the police acting in the course of his or her duties; and
c: to amend the principal Act to make it a condition of off-licences granted in respect of certain types of premises that food condiments containing liquor may be sold if certain conditions are met; and
d: to make amendments to the principal Act and the Sale of Liquor Amendment Act 1999 Amendments to principal Act
10: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
Section 12(3) paragraph (d) ; and
e: the certificate referred to in section 9(1)(e)
11: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: Section 21(1) on the conditions presently attaching to it for a further period of 3 years. for a further period of 3 years on—
2: Section 21(1)
c: the conditions presently attaching to it; or
d: such different conditions, relating to any matters specified in section 14(5)
3: Section 21 subsection (1)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d)
12: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
Section 34(3) paragraph (d) ; and
e: the certificate referred to in section 31(1)(e)
13: Types of premises in respect of which off-licences may be granted
1: Section 36(1)(d)(ii) Licensing Authority or District Licensing Agency, as the case may be,
2: Section 36
5: This section applies subject to sections 51 and 52
14: Conditions of off-licences
1: Section 37 subsection (1)
1A: However, it is a condition of an off-licence that a person may sell or deliver grape wine or fruit wine on Easter Sunday if the grape wine or fruit wine is made—
a: on the premises; or
b: from grapes or fruit harvested from land on which the premises are situated.
2: Section 37 subsection (2)
2: It is a condition of every off-licence granted to the holder of a club licence that liquor may be sold or supplied pursuant to the off-licence only to—
a: any member of the club; or
b: any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the club.
3: Section 37 subsection (3)
3A: However, it is also a condition of every off-licence granted in respect of any premises described in section 36(1)(d)
a: prepared for culinary purposes; and
b: rendered unsuitable for drinking.
4: This section applies—
a: not only to licences issued on or after the commencement of this section; but
b: also to licences in force immediately before the commencement of this section.
5: Subsection (4) Subsections (4) (5) inserted 6 April 2004 section 3 Sale of Liquor Amendment Act 2005
15: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: Section 44(1) on the conditions presently attaching to it for a further period of 3 years. for a further period of 3 years on—
2: Section 44(1)
c: the conditions presently attaching to it, or
d: such different conditions, relating to any matters specified in section 37(4) and (6)
3: Section 44 subsection (1)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d)
16: Special provisions relating to caterers
1: Section 51 subsection (1)
1: An off-licence may be granted to a person who is conducting the business of a caterer.
1A: The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1)
2: Section 38(1) Sale of Liquor Amendment Act 1999
17: Renumbering of subsection
Section 52 subsection (2) section 39
18: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
Section 58(3)(e) of approval
19: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: Section 67(1) on the conditions presently attaching to it for a further period of 3 years. for a further period of 3 years on—
2: Section 67(1)
c: the conditions presently attaching to it; or
d: such different conditions, relating to any matters specified in section 60(2)
3: Section 67 subsection (1)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d)
20: Kinds of managers' certificates
Section 117(3) club licence or a special licence
21: New section 117A substituted
The principal Act is amended by repealing section 117A
117A: General manager must hold prescribed qualification
1: The Licensing Authority or District Licensing Agency must not issue or renew a general manager's certificate on or after the commencement of this section unless the manager holds a prescribed qualification.
2: In this section, prescribed qualification
a: a qualification prescribed by regulations made under this Act; or
b: the successful completion of a course of training, the requirements or criteria of which have been prescribed by regulations made under this Act.
22: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
Section 125 subsection (1)
1A: However, if the District Licensing Agency renews a general manager's certificate during the period specified in subsection (1B) section 117A
1B: The period—
a: begins 1 month after an Order in Council is made appointing a commencement date for Part 2 of the Sale of Liquor Amendment Act 1999
b: ends on the close of the day before that commencement date.
23: Decision on application for renewal
Section 127
3: However, if the Licensing Authority renews a general manager's certificate during the period specified in subsection (4) section 117A
4: The period—
a: begins 1 month after an Order in Council is made appointing a commencement date for Part 2 of the Sale of Liquor Amendment Act 1999
b: ends on the close of the day before that commencement date.
24: Notice of appointment, etc, of manager, temporary manager, or acting manager
Section 130(3) subsection (1)(b) subsection (1A)(c)
25: Purchasing of liquor by minors
Section 162
5: Subsection (1)
26: Minors in restricted areas or supervised areas
Section 163
4: Subsections (1) and (2)
27: Regulations
1: Section 229 paragraph (aa)
aa: prescribing—
i: the qualification to be held by a person before the person is entitled to hold a general manager's certificate:
ii: 1 or more requirements or criteria for the qualification or for a course of training which, if successfully completed, is to be treated as entitling a person to hold a general manager's certificate:
ab: prescribing the circumstances and conditions under which persons holding a general manager's certificate at the commencement of section 117A
2: Section 229 paragraph (eb)
eb: for the purposes of describing premises in licences, requiring licences or any class of licence to have endorsed on, or attached to, them a description of the premises or part or parts of the premises they relate to:
3: Section 123 Sale of Liquor Amendment Act 1999 Amendment to Sale of Liquor Amendment Act 1999
28: Schedule 1 of Sale of Liquor Amendment Act 1999 amended
1: Schedule 1 Sale of Liquor Amendment Act 1999 Building Act 1991 Building Act 1991 (1991 No 150) So much of Schedule 4 sections 11, 20, 57, 58, and 66 of the principal Act
2: Schedule 1 Sale of Liquor Amendment Act 1999 Sale of Liquor (Off-Licence) Amendment Act 1992 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) So much of Schedule 1 sections 8, 30, and 75 of the Sale of Liquor Act 1989


Building Societies Amendment Act 2004

1: Title
1: This Act is the Building Societies Amendment Act 2004.
2: In this Act, the Building Societies Act 1965 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 91A The principal Act is amended by inserting, after section 91
91A: Summary financial statements
1: In addition to the financial statements required under section 91
2: Any summary financial statements must be prepared within 4 months after the end of the financial year.
3: The directors of every society must lay any summary financial statements before the society at the annual general meeting.
4: Form and content of financial statements
Section 93 subsection (1)
1A: Summary financial statements prepared under section 91A
a: give a true and fair view of the matters to which they relate; and
b: comply with generally accepted accounting practice, as defined in section 3 of the Financial Reporting Act 1993
c: be in the form and contain the information that may be prescribed.
5: New
section 95 The principal Act is amended by repealing section 95
95: Signing of financial statements
1: The financial statements required by sections 91 and 92 section 91A
2: The financial statements referred to in subsection (1)
3: If the financial statements referred to in subsection (1)
6: New
sections 97A 97B The principal Act is amended by repealing section 97A
97A: Distribution of copies of financial statements and reports
1: Except as provided in section 97B section 91 section 91A
a: be sent to the members of the society; or
b: subject to the society's rules and to any conditions or requirements that may be prescribed, be published in major daily newspapers circulating generally in those parts of New Zealand where the members reside.
2: Except in the case of a society that is an issuer within the meaning of section 4 of the Financial Reporting Act 1993 subsection (1)
3: The directors of a society that is an issuer within the meaning of section 4 of the Financial Reporting Act 1993 section 91(1)(d)
4: Every depositor in or member of a society, including a depositor or member who has made an election under section 97B section 91
5: However, subsection (4)
a: has previously been sent a copy of the last financial statements required under section 91 subsection (1)
b: has already demanded and received a copy of the financial statements and reports under subsection (4)
6: The society, and every officer of the society, is guilty of an offence if default is made—
a: in complying with subsection (1) or subsection (2)
b: in supplying to any depositor or member, within 7 days after a demand is made under subsection (4)
97B: Election to receive summary financial statements
1: A member of a society may, by written notice to the society, elect to be sent each year, in place of the financial statements prepared under section 91 section 91A section 97A(1)
2: The society must cause to be sent to a member of the society financial statements prepared under section 91
a: has not made any election under subsection (1)
b: has made an election under subsection (1) section 91A


Commerce Amendment Act 2004

1: Title
1: This Act is the Commerce Amendment Act 2004.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Associate members
1: Section 11(3)
a: by inserting, after the words under this Act or any other Act
b: by omitting the words to a member shall or in any other Act to a member of the Commission must
2: For the avoidance of doubt, any appointment made before the commencement of this Act under section 11
4: Meetings of Commission
1: Section 15(1) or any other Act
2: Section 15 subsection (2)
2: Meetings of the Commission are to be held at the places, dates, and times, and by the methods, that the Chairman determines.
2A: A meeting of the Commission may be held either—
a: by a quorum of members being assembled together at the place, date, and time appointed for the meeting; or
b: by means of audio, or audio and visual, communication by which a quorum of members can simultaneously hear each other throughout the meeting.
3: Section 15(4) , or of any separate Division of the Commission acting under section 16(1) of this Act
5: Chairman may direct Commission to sit in Divisions
1: Section 16(1) under this Act or any other Act
2: Section 16(6) under this Act or any other Act


Companies Amendment Act (No 2) 2004

1: Title
1: This Act is the Companies Amendment Act (No 2) 2004.
2: In this Act, the Companies Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(3)(b) capital capital,
4: Redemption at option of shareholder
Section 74(1)(c) sum consideration
5: Company must satisfy solvency test
Section 77(6)
a: by inserting in the definition of assets, after the expression section 76 or section 107(1)(e)
b: by inserting in the definition of liabilities section 76 or section 107(1)(e)
6: Company to satisfy solvency test
1: Section 108(5)(a) at any time under section 76 or section 107(1)(e)
2: Section 108(5)(b) the financial assistance financial assistance under section 76 or section 107(1)(e)
7: Management review by shareholders
1: Section 109(2) subsection (3) of this section subsections (2A) and (3)
2: Section 109 subsection (2)
2A: The provisions of Schedule 1
8: Major transactions
1: Section 129(2) paragraph (c) major transaction liabilities , including contingent liabilities,
2: Section 129 subsection (2A)
2B: In assessing the value of any contingent liability for the purposes of paragraph (c) major transaction subsection (2)
a: must have regard to all circumstances that the directors know, or ought to know, affect, or may affect, the value of the contingent liability; and
b: may rely on estimates of the contingent liability that are reasonable in the circumstances; and
c: may take account of—
i: the likelihood of the contingency occurring; and
ii: any claim the company is entitled to make and can reasonably expect to be met to reduce or extinguish the contingent liability.
9: New
section 193A The principal Act is amended by inserting, after section 193
193A: Rectification or correction of address for service
1: This section applies if the address for service of a company is rectified or corrected under section 360A or section 360B
2: The rectification or correction takes effect at the time that the rectification or correction is made to the New Zealand register.
10: Appointment of auditors
Section 196 subsection (3)
3A: An auditor may resign at any time by giving written notice to the board of the company, and the company must, as soon as practicable, notify its shareholders of the auditor's resignation.
3B: If a company fails to comply with subsection (3A) section 374(2)
11: Auditor not seeking reappointment
1: The heading to section 203 or resigning
2: Section 203 subsection (1)
1: If an auditor gives the board of a company written notice that he or she does not wish to be reappointed or of his or her resignation, the board must, if requested to do so by that auditor,—
a: distribute, as soon as practicable, to all shareholders, at the expense of the company, a written statement of the auditor's reasons for his or her wish not to be reappointed or for his or her resignation; or
b: permit the auditor or his or her representative to explain at a shareholders' meeting the reasons for his or her wish not to be reappointed or for his or her resignation.
12: Sending of annual report to shareholders
1: Section 209(1) Subject to subsection (2) of this section Subject to section 212
2: Section 209(2)
13: New
section 210 The principal Act is amended by repealing section 210
210: Information for shareholders who elect not to receive annual report
1: A shareholder of a company who has elected under section 212
a: financial statements (including any group financial statements) and any auditor's report required under Part 11
b: summary financial statements, if any.
2: The board of a company must cause the documents referred to in subsection (3) section 212
a: has not made any election under subsection (1)
b: has made an election under subsection (1)(b)
3: The documents required to be sent under subsection (2) Part 11
4: Any documents required to be sent under subsection (1) or subsection (2)
5: The financial statements and group financial statements required by this section to be sent to a shareholder must be for the most recently completed accounting period and must be completed and signed in accordance with section 10 or section 13 of the Financial Reporting Act 1993
6: Any summary financial statements must give a true and fair summary of the matters to which they relate and must comply with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993
7: If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
14: Inspection of company records by shareholders
Section 216(1)(b) financial statements, summary financial statements (if any),
15: Grounds for removal from register
1: Section 318(1) ; or
f: the company has failed to pay the fee prescribed by regulations for the application for registration of the company under section 12
2: Section 318 subsection (3)
3A: The Registrar must remove a company from the New Zealand register under subsection (1)(f)
a: the Registrar has complied with section 319
b: the fee prescribed by regulations for the application for registration of the company under section 12 section 319
16: Notice of intention to remove where company has ceased to carry on business
1: The heading to section 319 or application fee not paid
2: Section 319(1) section 318(1)(b) or (f)
3: Section 319(2) paragraph (a)
ab: if section 318(1)(f) section 12 .
4: Section 319(2)(b) state that, if section 318(1)(b)
5: Section 319(3)(c) the date by which if section 318(1)(b)
17: Notice of intention to remove in other cases
1: Section 320(1) section 318(1)(c) or (d)
2: Section 320 subsection (2)
2: If a company is to be removed from the register under section 318(1)(e) subsection (4)
18: Objection to removal from register
Section 321
3: An objection to the removal of a company from the New Zealand register cannot be made under this section if the ground for removal is that specified in section 318(1)(f)
19: New
section 339A The principal Act is amended by inserting, after section 339
339A: Rectification or correction of name or address of person authorised to accept service
1: This section applies if the name or address of a person resident or incorporated in New Zealand who is authorised to accept service in New Zealand of documents on behalf of an overseas company is rectified or corrected under section 360A or section 360B
2: The rectification or correction takes effect at the time that the rectification or correction is made to the overseas register.
20: New
sections 360A 360B The principal Act is amended by inserting, after section 360
360A: Rectification or correction of New Zealand register and overseas register
1: The Registrar may,—
a: on the application of any person, rectify the New Zealand register or the overseas register if the Registrar is satisfied that any information has been wrongly entered in, or omitted from, the New Zealand register or the overseas register; or
b: if it appears to the Registrar that any particulars have been incorrectly entered in the New Zealand register or the overseas register due to a clerical error by the Registrar, correct those particulars.
2: Before the Registrar rectifies the New Zealand register or the overseas register under subsection (1)(a)
a: give written notice to the company or overseas company that an application has been made to rectify the New Zealand register or the overseas register in relation to that company or overseas company (including details of that application); and
b: give public notice setting out—
i: the name of the applicant; and
ii: the name of the company or overseas company; and
iii: the reasons for and details of the changes sought to be made to the New Zealand register or the overseas register; and
iv: the date by which a written objection to the proposed rectification must be delivered to the Registrar, being a date not less than 20 working days after the date of the notice.
3: Any person may deliver to the Registrar, not later than the date specified in accordance with subsection (2)(b)(iv)
4: The Registrar must not rectify the New Zealand register or the overseas register if the Registrar receives a written objection to the proposed rectification by the date specified unless the Registrar is satisfied that the objection has been withdrawn.
360B: Powers of Court
1: If an objection to a proposed rectification is received by the Registrar under section 360A(3)
2: If an application for an order is made under subsection (1)
a: the applicant must, as soon as practicable, serve notice of the application on the Registrar; and
b: the Registrar may appear and be heard in relation to the application.
3: On an application for an order under subsection (1)
21: Penalties that may be imposed on directors in cases of failure by board or company to comply with Act
1: Section 374(2) paragraph (16)
16A: section 196(3B) .
2: Section 374(2) paragraph (22) 210(2) 210(7)
22: Schedule 1
1: Clause 9(4) the board may the board must
2: Clause 9 subclause (6)
6: The board is not required to include in or with the notice given by the board—
a: any part of a statement prepared by a shareholder that the directors consider to be defamatory (within the meaning of the Defamation Act 1992
b: any part of a proposal or resolution prepared by a shareholder that the directors consider to be defamatory (within the meaning of the Defamation Act 1992
23: Schedule 2 Schedule 2 paragraph (d)
da: section 49 .
24: Schedule 6 Schedule 6
o: change the registered office or address for service of the company.


1: Title
1: This Act is the Co-operative Companies Amendment Act 2004.
2: In this Act, the Co-operative Companies Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Heading above
section 29 The heading above section 29 and Securities Act 1978
4: Modified application of
Companies Act 1993 Section 29(a) section 43(1) and section 47(5)
5: New
section 29A The principal Act is amended by inserting, after section 29
29A: Modification of application of
Securities Act 1978
1: Section 54 of the Securities Act 1978
2: In this section, equity security offered Securities Act 1978


1: Title
1: This Act is the Distress and Replevin Amendment Act 2004.
2: In this Act, the Distress and Replevin Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 4 The principal Act is amended by repealing section 4
4: Chattels subject to security interest property of tenant or person in possession in certain circumstances
1: This section applies to chattels subject to a security interest that are the property of any tenant or person in possession of any messuages or lands.
2: The following chattels to which this section applies are deemed, for the purposes of distress for rent, not to be the property of the tenant or person in possession of the messuages or lands:
a: any motor vehicles:
b: the chattels that are the property of the tenant, if the tenant is a company or a society incorporated under the Incorporated Societies Act 1908
c: the chattels that are the property of the person in possession of the messuages or lands, if the person is a company or a society incorporated under the Incorporated Societies Act 1908
3: All other chattels to which this section applies are deemed, for the purposes of distress for rent, to be the property of the tenant or person in possession of the messuages or lands if the chattels are found in or on the messuages or lands in respect of which the rent is due at the time the distraint for the rent is made.
4: In this section,— company
a: a company within the meaning of section 2(1) of the Companies Act 1993
b: an overseas company required, or deemed, to be registered under Part 18 of the Companies Act 1993 motor vehicle section 57 of the Personal Property Securities Act 1999 security interest section 17 of the Personal Property Securities Act 1999


Life Insurance Amendment Act 2004

1: Title
1: This Act is the Life Insurance Amendment Act 2004.
2: In this Act, the Life Insurance Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Non-compliance with this Part of Act
Section 28 foreign company that has a general agent
4: General agent to be appointed
Section 34
5: This section is subject to section 34A
5: New
section 34A The principal Act is amended by inserting, after section 34
34A: Persons authorised to accept service on behalf of overseas companies
1: Section 34 Part 18 of the Companies Act 1993
2: However, in that case, that foreign company must immediately appoint, or ensure that it has appointed, in writing a person resident in New Zealand as general agent, on whom all lawful processes against the company may be served with like effect as if the company existed in New Zealand, if there is any liability remaining outstanding against the company in New Zealand and either or both of the following apply:
a: the company fails to comply with section 339(1)(d) of the Companies Act 1993
b: the company is removed from the overseas register under section 341 of that Act
3: For the purposes of subsection (2)
a: the writing or power of attorney must stipulate and agree, on the part of the overseas company making the writing or power of attorney, that any lawful process against the company which is served on the general agent is of the same legal force and validity as if served on the company; and
b: section 34(2) to (4)
c: the agency may be discontinued,—
i: in the case of a failure to comply with section 339(1)(d) of the Companies Act 1993
ii: in the case of the overseas company being removed from the overseas register under section 341 of that Act Part 18 of the Companies Act 1993
4: Subsection (3)(b) subsection (3)(c)
6: When contracts valid
Section 37 which neglects to appoint and keep appointed a general agent, agreeably to the provisions of this Act, shall not that fails to comply with section 34 or section 34A


Financial Reporting Amendment Act 2004

1: Title
1: This Act is the Financial Reporting Amendment Act 2004.
2: In this Act, the Financial Reporting Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) exempt company exempt company
a: as at the balance date of the accounting period for which financial statements are required,—
i: the value of the total assets of the company (including intangible assets) reported in the statement of financial position did not exceed $450,000 or any other amount that is, from time to time, prescribed by Order in Council for the purposes of this subparagraph; and
ii: the company was not a subsidiary of another body corporate or association of persons; and
iii: the company did not have any subsidiaries; and
b: in the accounting period for which financial statements are required, the turnover of the company did not exceed $1,000,000 or any other amount that is, from time to time, prescribed by Order in Council for the purposes of this paragraph .
2: Section 2(1) turnover turnover .
4: Content of financial statements of exempt companies
1: Section 12 subsection (1)
1: The financial statements of an exempt company must either—
a: be in the form and contain the particulars and comply with the directions as to the preparation of those statements prescribed by the Governor-General by Order in Council; or
b: comply with section 11
1: The financial statements of an exempt company must either—
a: be in the form and contain the particulars and comply with the directions as to the preparation of those statements prescribed by the Governor-General by Order in Council; or
b: comply with section 11
2: Section 12(2) The Governor-General For the purposes of subsection (1)(a)
5: Functions of Board
Section 24 subsection (2)
2: For the avoidance of doubt, the function of the Board referred to in subsection (1)(a)
6: New
section 36A The principal Act is amended by inserting, after section 36
36A: Content of statements that contain prospective, summary, or interim financial information
1: Any statement prepared by, or on behalf of, a reporting entity that contains prospective, summary, or interim financial information for the reporting entity must comply with any applicable financial reporting standard.
2: Any statement prepared by, or on behalf of, a group comprising a reporting entity and its subsidiaries that contains prospective, summary, or interim financial information for the group must comply with any applicable financial reporting standard.
3: Every director of a reporting entity commits an offence and is liable on summary conviction to a fine not exceeding $100,000 if—
a: any statement prepared by, or on behalf of, the reporting entity that contains prospective, summary, or interim financial information for the reporting entity does not comply with this section; or
b: any statement prepared by, or on behalf of, a group comprising the reporting entity and its subsidiaries that contains prospective, summary, or interim financial information for the group does not comply with this section.
4: This section does not apply to the extent that it is inconsistent with, or modified by, the provisions of another enactment.


1: Title
1: This Act is the Friendly Societies and Credit Unions Amendment Act 2004.
2: In this Act, the Friendly Societies and Credit Unions Act 1982 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Settlement of disputes generally
1: Section 78(2)(a) through a member (unless that member or person is a trustee appointed under section 33(2)(a) of the Securities Act 1978
2: Section 78(2)(b) such person aggrieved (unless that person aggrieved or other person claiming through that person is a trustee appointed under section 33(2)(a) of the Securities Act 1978
4: New
section 109A The principal Act is amended by inserting, after section 109
109A: Power of credit union to appoint trustee for debt securities
Regardless of anything to the contrary in the rules of a credit union, a credit union may appoint a trustee and sign or amend a trust deed for the purposes of section 33(2) of the Securities Act 1978
5: Credit union property to vest in trustees
Section 112 subsection (1)
1A: However, regardless of the rules of a credit union, if a trustee has been appointed in respect of a security under section 33(2)(a) of the Securities Act 1978
6: Schedule 3 Schedule 3 clause 9
9: The manner in which disputes of a kind referred to in section 78(2)
7: Schedule 4 Schedule 4 clause 13
13: The manner in which disputes of a kind referred to in section 78(2)