Crimes Amendment Act 2002

1: Title
1: This Act is the Crimes Amendment Act 2002.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) offence obtain a material benefit .
4: New
sections 7A 7B The principal Act is amended by inserting, after section 7
7A: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
1: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98A, section 98C, section 98D sections 100 to 104, section 105(2), section 116, section 117, or section 257A
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or
b: if any of the acts or omissions is alleged to have occurred—
i: on board a ship registered or required to be registered under the Ship Registration Act 1992
ii: on board a ship used as a ship of the New Zealand Defence Force; or
iii: on board a New Zealand aircraft; or
iv: on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
c: if a person in respect of whom the offence is alleged to have been committed—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
d: in the case of an offence against section 98A paragraph (a) or paragraph (b) of section 98A(2)
2: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C or section 98D
a: in the case of an offence against section 98C(1) or section 98D
b: in the case of an offence against section 98C(2)
3: Neither section 8 section 400 subsection (1)
4: Nothing in subsections (1) to (3)
a: the application of section 7
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
b: the application of section 8A
7B: Attorney-General's consent required where jurisdiction claimed under
section 7A
1: Proceedings for an offence against section 98A, section 116, section 117, or section 257A section 7A
2: A person over whom jurisdiction is claimed by virtue of section 7A section 98A, section 116, section 117, or section 257A
5: New
sections 98A to 98F The principal Act is amended by repealing section 98A
98A: Participation in organised criminal group
1: Every one is liable to imprisonment for a term not exceeding 5 years who participates (whether as a member or an associate member or prospective member) in an organised criminal group, knowing that it is an organised criminal group, and—
a: knowing that his or her participation contributes to the occurrence of criminal activity; or
b: reckless as to whether his or her participation may contribute to the occurrence of criminal activity.
2: For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—
a: obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
b: obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
c: the commission of serious violent offences (within the meaning of section 312A(1)
d: conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences (within the meaning of section 312A(1)
3: A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—
a: some of them are subordinates or employees of others; or
b: only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or
c: its membership changes from time to time. Smuggling and trafficking in people
98B: Terms used in
sections 98C to 98F In sections 98C to 98F act of coercion against the person
a: abducting the person:
b: using force in respect of the person:
c: harming the person:
d: threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person act of deception arranges for an unauthorised migrant to be brought to a state
a: organises or procures the bringing to a state:
b: recruits for bringing to a state:
c: carries to a state arranges for an unauthorised migrant to enter a state
a: organises or procures the entry into a state:
b: recruits for entry into a state:
c: carries into a state document
a: attached to a document; or
b: stamped or otherwise signified on a document for a material benefit
a: after having obtained a material benefit for doing the thing; or
b: intending to obtain a material benefit for doing the thing harming of a person
a: causing physical, psychological, or financial harm to the person:
b: sexually mistreating the person:
c: causing harm to the person's reputation, status, or prospects unauthorised migrant
98C: Smuggling migrants
1: Every one is liable to the penalty stated in subsection (3)
a: does so for a material benefit; and
b: either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.
2: Every one is liable to the penalty stated in subsection (3)
a: does so for a material benefit; and
b: either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
c: either—
i: knows that the person intends to try to enter the state; or
ii: is reckless as to whether the person intends to try to enter the state.
3: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
4: Proceedings may be brought under subsection (1)
5: Proceedings may be brought under subsection (2)
98D: Trafficking in people by means of coercion or deception
1: Every one is liable to the penalty stated in subsection (2)
a: arranges the entry of a person into New Zealand or any other state by one or more acts of coercion against the person, one or more acts of deception of the person, or both; or
b: arranges, organises, or procures the reception, concealment, or harbouring in New Zealand or any other state of a person, knowing that the person's entry into New Zealand or that state was arranged by one or more acts of coercion against the person, one or more acts of deception of the person, or both.
2: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
3: Proceedings may be brought under this section even if the person coerced or deceived—
a: did not in fact enter the state concerned; or (as the case may be)
b: was not in fact received, concealed, or harboured in the state concerned.
4: Proceedings may be brought under this section even if parts of the process by which the person coerced or deceived was brought or came to or towards the state concerned were accomplished without an act of coercion or deception.
98E: Aggravating factors
1: When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D
a: whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:
b: whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)
c: whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:
d: if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.
2: When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D
a: whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:
b: the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:
c: whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.
3: The examples in paragraph (a) of subsection (2)
4: This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D
98F: Attorney-General's consent to prosecutions required
1: Proceedings for an offence against section 98C or section 98D
2: A person alleged to have committed an offence against section 98C or section 98D
6: Conspiring to defeat justice
1: Section 116 in New Zealand or the course of justice in an overseas jurisdiction
2: Subsection (1)
7: New
section 117
1: The principal Act is amended by repealing section 117
117: Corrupting juries and witnesses
Every one is liable to imprisonment for a term not exceeding 7 years who—
a: dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or
b: influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or
c: accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or
d: accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or
e: wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.
2: Subsection (1)
8: Consequential amendments to
Customs and Excise Act 1996
1: Section 143 Customs and Excise Act 1996 subsection (1)
1AA: Subsection (1)
a: if the officer has reasonable cause to believe that an offence against this Act has been, is being, or is about to be committed on or in respect of the craft while it was or is within New Zealand; or
b: if the craft is within New Zealand, and the officer has reasonable cause to believe that—
i: there is on the craft a person who was carried into New Zealand on it; and
ii: the carriage of the person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961
1: If subsection (1AA)
a: may—
i: direct the craft to proceed to the nearest Customs place, or any other place the officer considers appropriate; or
ii: direct that the craft remain where it is; and
b: in either case, may detain the craft for any time and for any purposes reasonably necessary to carry out an investigation into the commission of the offence concerned.
2: Section 174 Customs and Excise Act 1996 subsection (2)
2: Notwithstanding subsection (1)
a: that the person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act that is punishable by imprisonment; or
b: that—
i: the person carried into New Zealand some other person who is on the craft; and
ii: the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1) of the Crimes Act 1961


Extradition Amendment Act 2002

1: Title
1: This Act is the Extradition Amendment Act 2002.
2: In this Act, the Extradition Act 1999 the principal Act
2: Commencement
1: Sections 3 4
2: The rest of this Act comes into force on a day appointed by the Governor-General by Order in Council; and different days may be appointed for different provisions, different purposes, or both.
3: Orders in Council in respect of treaties
Section 15(1) comes into force is concluded
4: Designated countries
Section 40(2) comes into force is concluded
5: Treaties deemed to incorporate crimes
Section 101A(2)
g: section 101B of this Act
6: New
section 101B The principal Act is amended by inserting, after section 101A
101B: Certain crimes with transnational aspects deemed to be included in extradition treaties
1: For the purposes of this Act and any Order in Council in force under section 15 or section 104 section 6 of the Extradition Amendment Act 2002 subsection (5)
a: every offence against any of sections 98A, 98C, 98D, 100, 101, 102, 103, 104, 105, 116, 117, and 257A of the Crimes Act 1961
b: every offence against any of sections 29A, 30, 30A, 31(1), 31(2), and 32 of the Passports Act 1992
c: any offence against any enactment if—
i: it is punishable by imprisonment for a term of 4 years or more; and
ii: the offence for which extradition is requested is alleged to involve an organised criminal group (as defined in article 2(a) of the TOC convention); and
iii: the person whose extradition is sought is, or is suspected of being, in or on his or her way to the requested country.
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) section 6 of the Extradition Amendment Act 2002
3: Subsection (2)
4: A certificate under the hand of the Minister of Foreign Affairs and Trade that a foreign country is a party to the TOC convention, the migrants protocol, or the trafficking protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section,— foreign country
a: for whose international relations the Government of a foreign country is responsible; and
b: to which the extradition treaty and (as the case may be) the migrants protocol, TOC convention, or the trafficking protocol, extend migrants protocol TOC convention trafficking protocol


Immigration Amendment Act 2002

1: Title
1: This Act is the Immigration Amendment Act 2002.
2: In this Act, the Immigration Act 1987 the principal Act
2: Commencement
1: Section 4
a: the day 12 months after the date on which this Act receives the Royal assent:
b: a day appointed by the Governor-General by Order in Council.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) conditions contiguous zone section 8A(2) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 .
4: Responsibility of employers
1: Section 39 subsection (1)
1A: Every employer commits an offence against this Act who, without reasonable excuse, allows a person who is not entitled under this Act to undertake employment in the employer's service to undertake that employment.
1B: For the purposes of subsection (1A)
a: that states that the person is entitled under the Immigration Act 1987
b: that was signed by the person before or when that employment began.
1C: Except as provided in subsection (1B) subsection (1A)
2: Section 39(2) subsection (1)
3: Section 39(4) subsection (1) or subsection (1A)
4: Section 39
5: A person who commits an offence against this section is liable,—
a: in the case of an offence against subsection (1)
b: in the case of an offence against subsection (1A)
5: New
section 39A The principal Act is amended by inserting, after section 39
39A: Exploitation of people not legally entitled to work
1: Every employer commits an offence against this Act who,—
a: while allowing an unlawful employee to undertake employment in the employer's service,—
i: is responsible for a serious failure to pay to the employee money payable under the Holidays Act 1981
ii: is in serious default under the Minimum Wage Act 1983
iii: is responsible for a serious contravention of the Wages Protection Act 1983
b: while allowing an unlawful employee to undertake employment in the employer's service, takes an action with the intention of preventing or hindering the employee from—
i: leaving that employment; or
ii: leaving New Zealand; or
iii: ascertaining or seeking his or her entitlements under the law of New Zealand; or
iv: disclosing to any person the circumstances of his or her employment by the employer.
2: The following are examples of actions of the kinds referred to in subsection (1)(b)
a: taking or retaining possession or control of a person's passport, any other travel or identity document, or travel tickets:
b: preventing or hindering a person from—
i: having access to a telephone; or
ii: using a telephone; or
iii: using a telephone privately; or
iv: leaving premises; or
v: leaving premises unaccompanied; or
c: preventing or hindering a labour inspector (within the meaning of the Employment Relations Act 2000
3: Subsection (2) subsection (1)(b)
4: For the purposes of subsection (1)(a)
a: whether a failure to pay to a person money payable under the Holidays Act 1981
b: whether a default under the Minimum Wage Act 1983
c: whether a contravention of the Wages Protection Act 1983
5: For the purposes of subsection (1)(a)
a: the amount of money involved:
b: whether it comprises a single instance or a series of instances:
c: if it comprises a series of instances,—
i: how many instances it comprises:
ii: the period over which they occurred:
d: whether or not it was intentional:
e: whether the employer concerned has complied with the record-keeping obligations imposed by the Act concerned:
f: any other relevant matter.
6: An information alleging an offence against subsection (1)
7: For the purposes of this section, an employer must be treated as knowing that an employee is not entitled under this Act to undertake any particular employment if, at any time within the preceding 12 months, the employer has been informed of that fact in writing by an immigration officer.
8: A person who commits an offence against subsection (1)
9: In this section, unlawful employee
6: Deportation of holders of residence permits following conviction
Section 91(1) paragraph (c)
ca: is convicted of an offence against section 39(1) or section 39A(1) of this Act .
7: Deportation of exempt persons following conviction
Section 92(2) paragraph (c)
ca: is convicted of an offence against section 39(1) or section 39A(1) of this Act .
8: Responsibilities of persons arriving in or leaving New Zealand
1: Section 126(1)(c) within 72 hours forthwith
2: Section 126
6: A member of the police may arrest a person, and present him or her to an immigration officer, if the member of the police has good cause to suspect that—
a: the person arrived in New Zealand from another country elsewhere than at a Customs place, and did not forthwith report to an immigration officer at a Customs place; or
b: the person recently arrived in New Zealand from another country elsewhere than at a Customs place, and will not forthwith report to an immigration officer at a Customs place.
9: Detention and departure of persons refused permits, etc
1: Section 128(3) the craft on which that person was travelling berths, lands, or otherwise arrives in New Zealand that person first reports or presents to an immigration officer after arriving in New Zealand from another country
2: Section 128 subsection (5)
5: Subject to subsection (7)
3: Section 128(9) paragraph (c)
c: the expiry of the period for which detention is then authorised by the warrant (as determined having regard to any extension or further extension of the warrant granted under subsection (13B) of this section subsection (16) of this section
i: section 128AA(12)
ii: subsections (2)(a) and (12) of section 128A .
4: Section 128(13) authorised by the warrant under subsection (9)(c) then authorised by the warrant (as determined having regard to the matters referred to in subsection (9)(c)
5: Section 128 subsection (15)
15: A person who is detained under this section must not be granted bail, but may be released under section 128AA or section 128A
16: The period for which detention is authorised by a warrant of commitment issued under subsection (7)
10: New
sections 128AA to 128AD The principal Act is amended by inserting, after section 128
128AA: Detained person may be conditionally released from detention in certain cases
1: This subsection applies to a person who is not a refugee status claimant (within the meaning of section 129B(1)
a: is placed in custody under section 128(5)
b: is the subject of a warrant of commitment issued under section 128(7)
2: This subsection applies to—
a: a refugee status claimant (within the meaning of section 129B(1)
i: is placed in custody under section 128(5)
ii: is the subject of a warrant of commitment issued under section 128(7)
b: a person who is the subject of an application under section 128(13)(a) section 128(7)
3: An immigration officer may apply to a District Court Judge for an order that a person to whom subsection (1)
4: An immigration officer or the person concerned may apply to a District Court Judge for an order that a person to whom subsection (2)
5: An application under subsection (3) or subsection (4) section 128
6: On an application under subsection (3) or subsection (4)
7: The order must state—
a: either a day on which it expires or an event upon the occurrence of which it expires; and
b: a location at which the person to whom it relates must give himself or herself up when it expires.
8: If the Judge does not make an order for the person's conditional release,—
a: in the case of an application made in respect of a person who is not already subject to a warrant of commitment issued under section 128(7)
b: in the case of an application made in respect of a person who is the subject of an application under section 128(13)(a) section 128(7)
i: for any period the Judge thinks necessary in the circumstances to allow all the persons in the group concerned to be properly dealt with, if the person detained under the warrant is a member of a group of people—
A: all of whom arrived in New Zealand on the same ship or aircraft; and
B: all or most of whom are people to whom section 128
ii: for a further period not exceeding 7 days if the person detained under the warrant is not a member of such a group.
9: A warrant of commitment issued under subsection (8)(a) section 128(7)
10: On the day or (as the case may be) the occurrence of the event stated in it, an order under subsection (6)
11: If a person delivers himself or herself up to an immigration officer under subsection (10)
a: in the case of a person to whom subsection (1) or subsection (2) section 128(5)
i: the person must be treated as a person to whom section 128(5)
ii: if the person is to be detained for more than 48 hours after delivering himself or herself up, an application must be made in accordance with section 128(7)
b: in any other case, if not released, the person must again be taken into custody, and may be detained in custody under section 128
12: The period for which detention is authorised by a warrant of commitment issued under section 128(7) subsection (6)
a: the expiration of 72 hours after the date on which the person is again taken into custody under this Act:
b: the extension or further extension of the warrant under section 128(13B)
13: If a permit is granted under this Act to a person to whom an order under subsection (6)
a: the order is cancelled; and
b: Part II
c: section 128
128AB: Conditions
1: An order under section 128AA(6)
a: must be made subject to the condition that the released person—
i: must reside at a specified address; and
ii: must report to an office of the Department of Labour or to a police station at specified times and intervals, and in a specified manner:
b: if the released person is a refugee status claimant under Part VIA
c: may be made subject to any other conditions the Judge thinks fit to impose in the circumstances.
2: The conditions imposed on a released person under subsection (1)
a: must be notified in writing to the person before his or her release; and
b: take effect on his or her release.
3: An immigration officer and the released person—
a: may agree to vary a condition imposed under paragraph (a) or paragraph (b) of subsection (1)
b: if the order containing it so provides, or with the consent of a District Court Judge, may agree to vary a condition imposed under subsection (1)(c)
4: A variation of a condition—
a: takes effect immediately; but
b: must be reduced to writing, and notified to the released person, as soon as practicable.
128AC: Breach of condition or failure to deliver oneself up to immigration officer
1: This subsection applies to a person who has been released under section 128AA
a: after the person breaches a condition imposed under section 128AB
b: at any time between the time the person fails to deliver himself or herself up to an immigration officer as required by section 128AA(10)
2: If subsection (1)
3: If arrested and placed in custody, the person must as soon as possible be brought again before a District Court Judge; and subject to subsection (4)
a: in the case of a person to whom subsection (1) or subsection (2) of section 128AA section 128(5) section 128AA
b: in any other case, the Judge must decide whether to order that the person must again be taken into custody, or again make an order for the person's conditional release under section 128AA
4: If a person brought before a District Court Judge under subsection (3) paragraph (a) or paragraph (b) of section 128AB(1)
5: A warrant under subsection (3)(a) section 128(7)
6: If an order is made under subsection (3)(b) section 128
7: If a person is released under section 128AA section 128AB section 128AA(10)
a: the person must continue to be treated as a person to whom section 128
b: nothing in Part II
128AD: Cancellation of order for conditional release
1: An immigration officer may make an application to a District Court Judge for an order cancelling an order under section 128AA(6)
2: An application under subsection (1)
3: The District Court Judge may make or refuse to make an order, as he or she thinks fit.
4: If the District Court Judge makes an order,—
a: the person is liable to be arrested by any member of the police, without warrant, and placed in custody; and
b: if the person is arrested and placed in custody,—
i: in the case of a person to whom subsection (1) or subsection (2) of section 128AA section 128(5)
A: the person must be treated as a person to whom section 128(5)
B: if that person is to be detained for more than 48 hours after delivering himself or herself up, an application must be made in accordance with section 128(7)
ii: in any other case, the person must again be taken into custody, and may be detained in custody under section 128
11: Procedure under
section 128 Section 128A(5)(a) section 38 Immigration Amendment Act 1991 retained detained
12: Powers of entry and search
Section 137 subsection (2)
2A: This subsection applies to a person who, if he or she lands in New Zealand, will—
a: commit an offence against this Act; or
b: be in New Zealand unlawfully.
2B: A member of the police, or a customs officer undertaking immigration duties, who believes on reasonable grounds that there are on board a ship or any other form of sea-borne vessel that is within the contiguous zone or territorial sea of New Zealand people to whom subsection (2A)
a: for the purpose of determining whether or not there are on board the ship or vessel people to whom subsection (2A)
b: if satisfied that there are on board the ship or vessel people to whom subsection (2A)
2C: A person does not enter New Zealand lawfully by reason only of being brought into New Zealand—
a: by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b)
b: on board a ship or vessel permitted or required to enter New Zealand by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b)
13: New
section 138A
1: The principal Act is amended by inserting, after section 138
138A: Power to require surrender of documents from suspected person
1: If an immigration officer has good cause to suspect that a person is in New Zealand unlawfully and is liable to be removed from New Zealand under Part II Part VI
a: to give the person's full name (or names, where the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
b: to provide to the officer—
i: any passport or certificate of identity relating to the person, whether or not it also relates to any other person:
ii: any documentary or other evidence of the person's identity:
iii: any passport or certificate of identity relating to any dependent child of the person who the immigration officer also has good cause to suspect is in New Zealand unlawfully, or is a person to whom Part VI
iv: any travel tickets, or cash or security in lieu of travel tickets, held by or on behalf of the suspect person:
c: if the person does not currently have in his or her possession any of the documents or other things referred to in paragraph (b)
2: If the person refuses or fails without reasonable excuse to comply with any request under subsection (1)
3: If the refusal or failure still persists, any member of the police may arrest the person without warrant and place the person in custody.
4: If a person has been arrested and placed in custody under this section because the person failed to identify himself or herself or failed to produce relevant documents to confirm his or her identity, an immigration officer must ensure that, unless the person's identity has been confirmed, the person is brought before a District Court Judge as soon as practicable so that the person can establish his or her identity to the satisfaction of the Judge.
5: The Judge may determine who the person is, and both before and after doing so may make any orders and give any directions the Judge thinks fit.
6: Anything that was done in the exercise of a power under former section 65
2: Section 65
14: New
sections 141AA 141AB The principal Act is amended by inserting, after section 141
141AA: Disclosure of information overseas
1: The chief executive may disclose any information specified in section 141AB(1)
a: the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; or
b: the processing of international passengers; or
c: border security.
2: The disclosure of information under subsection (1)
a: in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4)
b: in accordance with subsection (8)
3: The chief executive must not enter into an agreement for the purposes of subsection (2)(a)
a: in the case of an agreement with an international agency or body, to help prevent, identify, or respond to actions of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:
b: in any other case, to help prevent, identify, or respond to violations of the law of the state concerned.
4: For the purposes of subsection (2)(a)
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state, in respect of information to be disclosed,—
i: the use the agency, body, or person may make of it; and
ii: either—
A: that the agency, body, or person must not disclose it to any other agency, body, or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
d: may state—
i: the form in which information may be disclosed:
ii: the method by which information may be disclosed; and
e: may be varied from time to time.
5: The chief executive—
a: must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and
b: if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and
c: as soon as practicable after conducting a review required to be undertaken under paragraph (b)
6: The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)(b)
7: This section does not limit the general powers of the chief executive to enter into agreements not related to the disclosure of information with any overseas agency, body, or person.
8: The chief executive may disclose information to an overseas agency, body, or person if—
a: the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; and
b: the information is disclosed subject to conditions stating—
i: the use the agency, body, or person may make of it; and
ii: either—
A: that the agency, body or person must not disclose it to any other agency, body or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
c: the chief executive makes and keeps a record of—
i: the information that was disclosed; and
ii: the agency, body, or person to which it was disclosed; and
iii: the conditions subject to which it was disclosed.
9: The chief executive must not disclose any information under subsection (8)
a: in the case of disclosure to an international agency or body, to a suspected action of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:
b: in any other case, to a suspected violation of the law of the state concerned.
141AB: Information that may be disclosed
1: The information that may be disclosed under section 141AA
a: airline passenger and crew lists:
b: craft movements (which may include passenger and crew lists):
c: past travel movements of specified people:
d: previous convictions of specified people:
e: general history of specified people (which may include associates and networks):
f: modus operandi of specified people:
g: known currency and other financial transactions of relevant interest, including involvement in money laundering:
h: intelligence analysis assessments and reports:
i: details of mail interceptions:
j: personal identification details (which may include photograph, distinguishing features, and details of identity or travel documents):
k: names and details of immigration personnel and transport personnel:
l: details of known or suspected involvement of people in illicit activities:
m: details of any visa or permit held by a person.
2: Section 141AA
15: Offences
1: Section 142 paragraphs (d) to (fa)
d: whether within or outside New Zealand, produces or surrenders or passes off a passport, certificate of identity, visa, permit, or certificate of citizenship, or anything purporting to be a passport, certificate of identity, visa, permit, or certificate of citizenship,—
i: as relating to that person when in fact, to that person's knowledge, it relates to some other person; or
ii: knowing it to be forged or to have been obtained fraudulently; or
e: whether within or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of a passport, certificate of identity, visa, permit, or certificate of citizenship relating to that person (or anything purporting to be a passport, certificate of identity, visa, permit, or certificate of citizenship relating to that person) to any other person (the receiver
i: without necessarily knowing which, knowing that the receiver will—
A: produce it or pass it off as relating to the receiver or some other person; or
B: sell, hire, lend, give, or otherwise dispose of it; or
ii: without necessarily intending either in particular, intending the receiver to—
A: produce it or pass it off as relating to the receiver or some other person; or
B: sell, hire, lend, give, or otherwise dispose of it; or
ea: for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person; or
eb: whether within or outside New Zealand, and whether or not the other person in fact enters New Zealand, aids, abets, incites, counsels, or procures any other person to enter New Zealand unlawfully (whether by arriving in New Zealand in a manner that does not comply with section 126(1)
i: knowing that the person's entry into New Zealand is or would be unlawful; or
ii: reckless as to whether the person's entry into New Zealand is or would be unlawful; or
ec: whether within or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete an arrival card in a manner that the person aiding or assisting knows to be false or misleading in any particular; or
f: aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person under this Act; or .
2: Section 142 subsections (2) (3)
2: Every person commits an offence against this Act who, not being a visa officer, an immigration officer, or a refugee status officer,—
a: after the person to whom a form required to be completed for the purposes of this Act relates has signed it and declared its contents to be true,—
i: alters information entered on it; or
ii: enters further information on it; or
iii: alters any material attached to it; or
iv: attaches any material or further material to it; and
b: allows the form to leave his or her possession without writing on it and signing a statement of—
i: the information or material that has been altered, entered, or attached; and
ii: why and by whom the information or material has been altered, entered, or attached.
3: In subsection (1)(ea) for a material benefit section 2(1) of the Crimes Act 1961
16: General penalty for offences
Section 144 subsections (1) (1A)
1: A person who commits an offence against section 142(1)(c), section 142(1)(d), section 142(1)(e), section 142(1)(ea), or section 142(2)
1A: A person who commits an offence against section 142(1)(eb) or section 142(1)(ec)
1B: A person who commits an offence against section 126(4), section 142(1)(f), section 142(1)(g), or section 142(1)(j)
17: New
section 145
1: The principal Act is amended by repealing section 145
145: Procedural provisions relating to offences
1: An offence against section 39A(1), section 142(1)(c), section 142(1)(d), section 142(1)(e), section 142(1)(ea), section 142(1)(eb), section 142(1)(ec), or section 142(2)
2: Except as provided in subsection (1)
3: A prosecution for an offence against this Act or any regulations made under it cannot be commenced except on the information of an immigration officer, a member of the police, or some other person authorised for that purpose by the Minister.
4: An information for an offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
5: Subsection (4)
a: overrides section 14 of the Summary Proceedings Act 1957
b: does not limit or affect subsection (1)
2: Part 2 Summary Proceedings Act 1957 Insolvency Act 1967 The Immigration Act 1987 39A(1) Exploitation of people not legally entitled to work 142(1)(c) Using false or misleading document or information 142(1)(d) Using travel document that relates to another person, or is forged or fraudently obtained 142(1)(e) Disposing of travel document 142(1)(ea) Assisting person to remain in New Zealand unlawfully, or breach permit conditions 142(1)(eb) Assisting person to enter New Zealand unlawfully 142(1)(ec) Assisting completion of arrival card in false or misleading manner 142(2) Modifying form after completion and signing
18: Amendment to
Income Tax Act 1994 The heading Amendment to Income Tax Act 1994 repealed 1 April 2005 YA 2 Income Tax Act 2004 Section 18 repealed 1 April 2005 YA 2 Income Tax Act 2004


1: Title
1: This Act is the Mutual Assistance in Criminal Matters Amendment Act 2002.
2: In this Act, the Mutual Assistance in Criminal Matters Act 1992 the principal Act
2: Commencement
1: Sections 15 to 17
2: Section 18
a: the day after the date on which this Act receives the Royal assent:
b: the commencement of section 1 Parole Act 2002
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: Interpretation
1: Section 2(1) convention country specified in Schedule 1 referred to in column 1 of the table in the Schedule
2: Section 2(1) foreign serious offence foreign serious offence
a: means an offence under the law of a foreign country punishable by imprisonment for a term of 5 years or more; and
b: after the commencement of section 15 of the Mutual Assistance in Criminal Matters Amendment Act 2002
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) .
3: Section 2
6: In this Act, a reference to an offence of a political character does not include—
a: an offence—
i: that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and
ii: for which parties have an obligation to provide to one another assistance in criminal matters; or
b: any offence in relation to which New Zealand has agreed in writing with another country that the offence will not be treated as a political offence for the purposes of the provision of assistance in criminal matters between New Zealand and that country.
4: New
section 24A The principal Act is amended by repealing section 24A
24A: Limitations on requests by convention countries
If a convention country requests assistance under this Part in accordance with a convention referred to in column 1 of the table in the Schedule
5: Further limitations on requests by convention countries
1: Section 24B(1)(a) Schedule 1 column 1 of the table in the Schedule
2: Section 24B(2)(b) Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7) column 2 of the table in the Schedule
3: Section 24B(3) Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7) column 2 of the table in the Schedule
6: Form of request
Section 26(bb) Schedule 1 column 1 of the table in the Schedule
7: Assistance in arranging attendance of person to give evidence in foreign country
The heading to section 37 give evidence give or provide evidence or assistance in relation to criminal matter
8: Assistance in arranging attendance of prisoner
1: The heading to section 38 in foreign country for specified purposes
2: Section 38(1) that country, for either or both of the purposes specified in subsection (1A)
3: Section 38(1) paragraph (e)
e: subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002
4: Section 38 subsection (1)
1A: The purposes referred to in subsection (1)
a: for giving evidence in relation to any criminal proceedings in the foreign country:
b: for assistance in relation to a criminal matter in respect of a foreign serious offence.
5: Section 38 subsection (2)
2: The Attorney-General may authorise, in writing, assistance in accordance with this section if, on receipt of a request under subsection (1)
a: that the request relates to the attendance of the person concerned in connection with a criminal matter in the foreign country; and
b: that there are reasonable grounds for believing that the person concerned could give or provide evidence or assistance relevant to that criminal matter; and
c: that the person concerned has freely consented to attend as requested; and
d: that the foreign country has given adequate undertakings in respect of the matters specified in section 39
9: Undertakings required from foreign country
Section 39(a)(i) ; or , other than an offence in respect of which the Attorney-General consents to the person's being so detained, prosecuted, or punished
10: New
sections 41A 41B The principal Act is amended by inserting, after section 41
41A: Effect of transfer to foreign country pursuant to request under
section 38
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence section 38 section 41B of this Act section 90 of the Parole Act 2002
2: Nothing in this section affects section 41
41B: Information about time remand prisoner spent in custody overseas pursuant to request under
section 38
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand ( the New Zealand offence section 38
2: A certificate obtained under subsection (1)
3: The Attorney-General may issue a certificate setting out the date and period referred to in subsection (1)
a: the foreign country does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1)
b: the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in subsection (1)
4: For the purposes of section 91(4A) of the Parole Act 2002 subsection (3) subsection (1)
5: Subsection (6) subsection (3)
a: a certificate requested under subsection (1)
b: the period specified in that certificate is different from that specified in the Attorney-General's certificate.
6: If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4A) of the Parole Act 2002
11: Request for production order
Section 61(2) paragraph (a)
a: that the request—
i: relates to a criminal matter in the foreign country in respect of a foreign drug-dealing offence; or
ii: is made after the commencement of section 15 of the Mutual Assistance in Criminal Matters Amendment Act 2002 paragraph (b) of the definition of that term in section 2(1) .
12: Certificates relating to convention countries
Section 64A(1) specified in Schedule 1 referred to in column 1 of the table in the Schedule
13: Amendment of
Schedule 1 Section 64B
14: Schedules 1 2
1: The principal Act is amended by repealing Schedules 1 2
2: The following enactments are consequentially repealed:
a: section 11 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
b: the Mutual Assistance in Criminal Matters Amendment Act 2001 (2001 No 72)
15: Schedule The Schedule section 14(1) 20 The United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000. An offence against any of the following sections of the Crimes Act 1961 section subject matter 98A participation in organised criminal group 100 judicial corruption 101 bribery of judicial officer, etc. 102 corruption and bribery of Minister of the Crown 103 corruption and bribery of member of Parliament 104 corruption and bribery of law enforcement officer 105 corruption and bribery of official 116 conspiring to defeat justice 117 corrupting juries and witnesses 257A money laundering Any offence against any Act if- (a) it is punishable by imprisonment for a term of 4 years or more; and (b) there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of the convention referred to in column 1) and involves an organised criminal group (as defined in article 2(a) of that convention)
16: Schedule The Schedule section 14(1) 21 The Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime done at New York on 15 November 2000. An offence against the, following section of the Crimes Act 1961 section subject matter 98C smuggling migrants An offence against any of the following sections of the Passports Act 1992 29A Forged and false New Zealand travel documents 30 Offences relating to passport information and material 30A Improper issue of New Zealand travel document 31(1) Other offences 31(2) Defacing or destroying document 32 False representations
17: Schedule The Schedule section 14(1) 22 The Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000. An offence against the following section of the Crimes Act 1961 section subject matter 98D trafficking in people by means of coercion or deception Amendments to Parole Act 2002
18: Amendments to
Parole Act 2002
1: Section 91 Parole Act 2002 subsection (4)
4A: In the case of a MACM offender (as defined in section 93 pre-sentence detention section 41B of the Mutual Assistance in Criminal Matters Act 1992
2: Section 92(5) Parole Act 2002 ICC offender or a MACM offender
3: The heading to section 93 Parole Act 2002 and MACM offender
4: Section 93 Parole Act 2002
3: An offender is a MACM offender
a: section 41A of the Mutual Assistance in Criminal Matters Act 1992
b: a certificate was obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992


Passports Amendment Act 2002

1: Title
1: This Act is the Passports Amendment Act 2002.
2: In this Act, the Passports Act 1992 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2 New Zealand passport New Zealand travel document
4: Issue of passport
1: Section 4(1) subsection (3) of this section subsections (3) and (4)
2: Section 4(3)
d: if the applicant holds a New Zealand certificate of identity, and (whether or not it has been recalled under section 20 or section 21
3: Section 4
4: The Minister must refuse to issue a New Zealand passport if an order made under section 32A(1)
5: New
section 9A The principal Act is amended by inserting, after section 9
9A: Cancellation of passport pursuant to court order
The Minister must recall a New Zealand passport by notice in writing, and cancel it, if an order that it must be cancelled is made under section 32A(1)
6: Delivery of recalled passport
Section 11 section 8 or section 9 or section 10 of this Act any of sections 8 to 10
7: Cancellation of certificate of identity
Section 20(1)
g: a New Zealand passport has been issued to the person.
8: Issue of emergency travel document
Section 23 subsection (2)
2: The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to a person—
a: who wishes to travel immediately; but
b: in respect of whom an order under section 32A
9: New
sections 29A to 30A The principal Act is amended by repealing section 30
29A: Forged and false New Zealand travel documents
1: Every person commits an offence who—
a: forges a New Zealand travel document; or
b: knowing a document to be a forged or false New Zealand travel document, without reasonable excuse,—
i: uses, deals with, or acts upon it as if it were genuine; or
ii: causes another person to use, deal with, or act upon it as if it were genuine; or
c: without reasonable excuse,—
i: has in his or her possession or under his or her control a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document; or
ii: sells, hires, lends, gives, or otherwise disposes of a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document to another person; or
d: without lawful authority or reasonable excuse, makes or uses or has in his or her possession or disposes of any paper or other material that he or she knows is specially provided by the proper authorities for any purpose relating to New Zealand travel documents.
2: In subsection (1) false New Zealand travel document
a: is false; or
b: relates in fact to some other person forges forged forgery
3: Every person who commits an offence against subsection (1)
30: Offences relating to passport information and material
1: Every person commits an offence who knowingly, and without lawful authority or reasonable excuse,—
a: deletes, alters, or copies any information recorded in or on a passport database; or
b: allows any information recorded in or on a passport database to be deleted, altered, or copied; or
c: records any information (whether correct or incorrect) in or on a passport database; or
d: allows any information (whether correct or incorrect) to be recorded in or on a passport database; or
e: takes from where it is officially kept—
i: a New Zealand travel document or a blank or incomplete New Zealand travel document; or
ii: a seal, stamp, or other authenticating device or thing, that he or she knows is specially used by the proper authorities for a purpose relating to New Zealand travel documents; or
iii: any paper or other material that he or she knows is specially provided by the proper authorities for a purpose relating to New Zealand travel documents; or
f: takes from where it is officially kept a file or register in or on which information is or is to be recorded by officers for the purposes of this Act.
2: Paragraphs (a) to (d) of subsection (1)
a: apply to the deletion or alteration of information recorded in an electronic passport database, or the recording of information in an electronic passport database, whether it is achieved—
i: directly; or
ii: by altering or damaging the database, its programming, another device, the programming of another device, or any electronic storage; and
b: apply to the copying of information recorded in an electronic passport database whether it is achieved directly from the database, by means of another device, by the interception or copying of an electronic message, or from any form of electronic storage.
3: In subsection (1) passport database
4: Every person who commits an offence against subsection (1)
30A: Improper issue of New Zealand travel document
1: Every person commits an offence who, without lawful authority or reasonable excuse, issues a New Zealand travel document (whether or not to the person to whom it relates) knowing that the person to whom it relates is not entitled to be issued it.
2: Every person who commits an offence against subsection (1)
10: Other offences
1: Section 31(1)(e)
2: Section 31 subsection (3)
3: Every person who commits an offence against subsection (1)
4: Every person who commits an offence against subsection (2)
11: New
sections 31A to 32A The principal Act is amended by repealing section 32
31A: Jurisdiction in respect of actions taken outside New Zealand
Proceedings may be brought for an offence against section 29A(1), section 30(1), section 30A(1) paragraphs (a) to (d) of section 31(1)
32: False representations
1: Every person commits an offence who, for the purpose of procuring a New Zealand travel document, or a renewal or endorsement of a New Zealand travel document, whether for his or her benefit or for the benefit of any other person,—
a: makes a written or oral statement that he or she knows to be false or misleading in a material particular; or
b: recklessly makes a written or oral statement that is false or misleading in a material particular.
2: Every person who commits an offence against subsection (1)
32A: Court may forbid issue of passport
1: When sentencing a person in respect of an offence against this Act, a court may, in addition to any other sentence or order imposed or made, if satisfied that it is desirable for reasons of passport security and integrity, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 10 years; and
b: any New Zealand passport issued to the person must be cancelled.
2: An order under subsection (1)
12: Indictable offences triable summarily
1: Part 2 Summary Proceedings Act 1957 The Passports Act 1992 29A Forged and false New Zealand travel documents 30 Offences relating to passport information and material 30A Improper issue of New Zealand travel document 31(1) Other offences 31(2) Defacing or destroying document 32 False representations
2: Section 39


Proceeds of Crime Amendment Act 2002

1: Title
1: This Act is the Proceeds of Crime Amendment Act 2002.
2: In this Act, the Proceeds of Crime Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application for production order
Section 68 subsection (1)
1: A commissioned officer of police may apply to a Judge of the High Court for a production order under section 69 of this Act
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).
4: Production orders in relation to foreign serious offences
Section 76A drug-dealing serious


Food Amendment Act 2002

1: Title
1: This Act is the Food Amendment Act 2002.
2: In this Act, the Food Act 1981 the principal Act
2: Commencement
1: Part 1 Schedules
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to amend certain enactments relating to the safety of food so as to provide for their administration; and
b: to amend the Food Act 1981
1: Administration of enactments relating to food safety
Amendments relating to administration of principal Act
4: Interpretation
1: Section 2 Director-General Minister officer designated officer Director-General Minister Ministry officer section 7
2: Section 25(5) of the Wine Makers Act 1981 Director Director section 2 of the Food Act 1981
5: Appointment of analysts and officers
Section 7 subsection (2)
2A: Officers may be appointed under subsection (1) or subsection (2)
a: individually; or
b: as members of a stated class.
6: Regulations for fees and charges
Section 42A subsection (1)
1: The Governor-General may, by Order in Council made on the advice of the Minister (given after consultation with all organisations or bodies appearing to the Minister to be representative of persons likely to be substantially affected by the regulations), make regulations prescribing all or any of the following:
a: fees to meet, or help meet, any of the costs and expenses described in subsection (1A)
b: charges to meet, or help meet, any of the costs and expenses described in subsection (1A)
c: means by which there may be calculated or ascertained—
i: fees to meet, or help meet, any of the costs and expenses described in subsection (1A)
ii: charges to meet, or help meet, any of the costs and expenses described in subsection (1A)
1A: The costs and expenses referred to in subsection (1)
a: the costs and expenses incurred by the Director-General, the Director, analysts, the Crown, or any other person, in exercising powers, or performing functions or duties, or providing services, under this Act; and
b: the costs and expenses incurred by the Director in exercising powers, or performing functions or duties, or providing services, under any enactment other than this Act (whether the Director has incurred any cost or expense directly, or by arranging for another person to act on the Director's behalf, or help the Director, in exercising, performing, or providing, a power, function, duty, or service).
1B: Subsection (1) section 42 Amendments to other enactments
7: Administration of
Dairy Industry Act 1952 Section 2 of the Dairy Industry Act 1952 Director Minister Director Minister
8: Administration of
Meat Act 1981 Section 2 of the Meat Act 1981 Director-General Minister Ministry Director-General Minister Ministry
9: Consequential amendments
1: The enactments specified in Schedule 2
2: The regulations specified in Schedule 3 Transitional matters
10: Restriction of compensation for technical redundancy arising from transfer of functions under principal Act
1: An employee of the Ministry of Health is not entitled to receive any payment or other benefit on the ground that his or her position in the Ministry of Health has ceased to exist if—
a: the position ceases to exist because of the transfer of the Ministry of Health's functions under the principal Act to the Ministry of Agriculture and Forestry; and
b: in connection with the transfer of functions,—
i: the employee is made an offer of equivalent employment in the Ministry of Agriculture and Forestry; or
ii: the employee is made an offer of other employment in the Ministry of Agriculture and Forestry, and accepts it.
2: An offer of equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment no less favourable than those applying to the employee immediately before the offer (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Ministry of Health (and any other period of service recognised by the Ministry of Health as continuous service) as if it were continuous service with the Ministry of Agriculture and Forestry.
11: Application of
State Sector Act 1988 Sections 60 to 61B 65 State Sector Act 1988
12: Application of certain collective agreements to employees affected by transfer of functions under principal Act
1: This section limits which employees may be bound by a collective agreement—
a: that—
i: binds the chief executive of the Ministry of Health before the transfer to the Ministry of Agriculture and Forestry of its functions under the principal Act; and
ii: as a consequence of section 14 collective agreement A
b: binds the chief executive of the Ministry of Agriculture and Forestry before that transfer ( collective agreement B
2: After the transfer,—
a: the only employees of the Ministry of Agriculture and Forestry who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in the Ministry of Agriculture and Forestry that has been established (whether or not previously existing in the Ministry of Health) to enable the Ministry of Agriculture and Forestry to perform the functions transferred; and
b: the only employees of the Ministry of Agriculture and Forestry who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements under Part 6 State Sector Act 1988 sections 56(1) 57 62(3) 63(3) 243 Employment Relations Act 2000
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
13: Continuation of existing proceedings
1: Any proceedings that, before the commencement of this Act, the Minister of Health has initiated or become a party to in the Minister's capacity as the Minister responsible for the administration of the principal Act may be continued, completed, and enforced by or against the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the principal Act.
2: Any proceedings in relation to the administration of the principal Act or the Wine Makers Act 1981
14: References to functions being transferred
Unless the context otherwise requires, every reference to the Director-General of Health (or the chief executive of the Ministry of Health), in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act, when used in relation to the employee's functions, duties, or powers under the principal Act or the Wine Makers Act 1981
2: Safety of certain appliances
15: Interpretation
The definition in section 2 appliance utensil, container, vessel,
16: Regulations
1: Section 42(1)
a: by adding to paragraphs (d) (f) (g) or appliance
b: by inserting in paragraph (e) food or appliance
c: by omitting from paragraph (j) , containers, or instruments , container, or instrument
d: by inserting in paragraph (q) food or appliances
2: Section 42(1) paragraph (u)
u: prohibiting, restricting, or regulating the sale or supply of appliances intended for use in carrying, delivering, manufacturing, packing, preparing, processing, selling, or storing, food that are—
i: made of any material containing any substance capable of imparting any poisonous or injurious property to any food that might be cooked, prepared, served, or stored in those appliances, or prepared with those appliances; or
ii: reasonably suspected by any designated officer of being made of any such material:
17: Validations
1: All regulations made under the principal Act before the commencement of this section are as valid and effectual as if the amendments effected by sections 15 16
2: All actions undertaken, or purportedly undertaken, by any person before the commencement of this section under the principal Act or any regulations made under the principal Act are as valid and effectual as if the amendments effected by sections 15 16
3: Any issue arising in proceedings relating to the principal Act or any regulations made under it commenced before 17 December 1998 must be determined as if subsections (1) (2)


1: Title
1: This Act is the Social Security (Personal Development and Employment) Amendment Act 2002.
2: In this Act, the Social Security Act 1964 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 4(2) to (6) 6 to 8 11 14 15(1) 25 30 32 37
2: Except as provided in section 23(1)
3: Purpose
The purpose of this Act is—
a: to facilitate the movement of domestic purpose beneficiaries and widows' beneficiaries from reliance on benefits to employment as their parenting responsibilities and individual circumstances allow; and
b: to introduce a requirement for those beneficiaries to prepare plans that will assist them to move towards employment and to demonstrate commitment to the goals set out in those plans; and
c: to amend the provisions of the principal Act relating to the establishment and recovery of debts; and
d: to make miscellaneous amendments to the principal Act.
2: Amendments to principal Act
4: Interpretation
1: The definition of income section 3(1)
xvii: any specified item or amount of income, or income from a specified source, that is declared not to be income for the purposes of this Act by regulations made under section 132
2: The definition of part-time work-tested beneficiary section 3(1)
3: Section 3(1) periodical personal development and employment plan section 60O
4: The definition of work-tested beneficiary section 3(1)
5: The definition of work-tested benefit section 3(1)
6: Section 3(1) of work-tested domestic purposes beneficiary work-tested widow's beneficiary
5: Review of decisions
Section 10A(1)
a: by omitting from paragraph (a) under this Act
b: by omitting from paragraph (b) under that Act
6: Widows' benefits
Section 21 subsections (2A) to (2C)
2A: A woman who receives a benefit under this section must—
a: comply with a requirement under section 60Q
b: comply with any other obligation arising under any of sections 60Q to 60S
7: Domestic purposes benefits for solo parents
Section 27B subsections (2A) to (2C)
2A: A person who receives a benefit under this section must—
a: comply with a requirement under section 60Q
b: comply with any other obligation arising under any of sections 60Q to 60S
8: Domestic purposes benefits for women alone
Section 27C subsections (4) to (6)
4: A woman who receives a benefit under this section must—
a: comply with a requirement under section 60Q
b: comply with any other obligation arising under any of sections 60Q to 60S
9: New section 60GAA inserted
The principal Act is amended by inserting, after section 60G
60GAA: Period for which independent youth benefit payable
1: An independent youth benefit is paid in respect of a 5-day working week.
2: The days of the week to be included in the working week of a person granted an independent youth benefit are determined by the chief executive after consultation with the beneficiary, but must not include—
a: a Saturday except with the agreement of the beneficiary; or
b: a Sunday.
10: Voluntary unemployment or loss of employment through misconduct, etc
Section 60H(7) 86(1A) 86(1)
11: New sections 60O to 60Z inserted
The principal Act is amended by inserting, before the heading Emergency benefits section 61
60O: Interpretation
In sections 60P to 60Z chief executive
a: an officer of the department acting under a delegation from the chief executive; and
b: a person authorised by the chief executive to act on behalf of the chief executive (except in sections 60U to 60Y personal development and employment plan plan
a: has goals—
i: to assist the beneficiary to move towards employment; and
ii: designed to support the economic and social participation of the beneficiary who developed it:
b: sets out a plan of action designed to meet the goals referred to in paragraph (a)
c: includes a statement of the information the department will provide to assist the beneficiary to do 1 or more of the following:
i: achieve the goals referred to in paragraph (a)
ii: improve his or her capabilities (including employment capabilities):
iii: obtain employment:
d: includes, if agreed to by the chief executive, a statement of the assistance that the department will provide to assist the beneficiary to do 1 or more of the things described in paragraph (c)(i) to (iii)
60P: Purpose of sections 60Q to 60Z
The purpose of sections 60Q to 60Z
a: to facilitate the movement of domestic purposes beneficiaries and widows' beneficiaries into ongoing employment as their parenting responsibilities and individual circumstances allow:
b: to provide opportunities for those beneficiaries to improve their capabilities for employment:
c: to improve social and economic outcomes for those beneficiaries and their dependent children.
60Q: Personal development and employment plans
1: The chief executive may, from time to time, require a person to whom this section applies—
a: to attend and participate in 1 or more interviews with the chief executive for the purpose of identifying the matters referred to in subsection (2) paragraph (b), paragraph (c), or paragraph (d) of this subsection
b: to develop, in co-operation and with the assistance of the chief executive, a personal development and employment plan for the person based on the matters referred to in subsection (2)
c: to co-operate with the chief executive in the conduct of an annual review of the person's personal development and employment plan:
d: to develop, in co-operation with and with the assistance of the chief executive, a new plan for the person, if the chief executive considers that, because of a substantial change to the person's circumstances, the person's existing plan is inappropriate and the person requires a new plan.
2: The matters referred to in subsection (1)
a: any features of the person's individual circumstances or parenting responsibilities that may affect the ability of the person to obtain employment; and
b: any specific constraints arising from those circumstances or responsibilities that the person may have in obtaining and sustaining employment; and
c: any practical assistance the person requires to enable the person to support himself or herself through employment; and
d: the person's skills and experience (including those developed through unpaid work) that are relevant to facilitating the most effective path to enable the person to obtain employment.
3: For the purposes of this section and sections 60R to 60Z
a: a person who is required to develop a personal development and employment plan does not complete his or her development of the plan unless the person signs it:
b: a document developed by any person as his or her personal development and employment plan is not a plan unless he or she signs it:
c: a personal development and employment plan developed in accordance with section 60W(3) or section 60Y(4)(b) subsection (1)(d)
4: A personal development and employment plan does not create any rights or obligations that are enforceable in a court or tribunal.
5: Nothing in subsection (4) section 10A or sections 12J to 12R
6: This section applies to a person who is the recipient of—
a: a benefit under section 21
b: a benefit under section 27B
c: a benefit under 27C (the domestic purposes benefit for women alone).
60R: Developing and reviewing personal development and employment plans
1: A personal development and employment plan should be—
a: developed by the beneficiary with the assistance of the chief executive:
b: a plan that is acceptable to the beneficiary and that the beneficiary is willing to sign.
2: If, despite reasonable efforts by the chief executive, the beneficiary does not co-operate in the prompt development of a personal development and employment plan or does not sign it, the chief executive may conclude that the beneficiary has failed to comply with a requirement under section 60Q(1)
3: At any time after a personal development and employment plan is signed, a beneficiary or, if the beneficiary agrees, the chief executive, may ask for a review of the plan, but, until a review is completed, the beneficiary must demonstrate commitment to the plan in its current form.
4: If a beneficiary asks for, or agrees to, a review of the beneficiary's personal development and employment plan,—
a: the beneficiary, in co-operation with and with the assistance of the chief executive, must review the plan as soon as practicable; and
b: the beneficiary—
i: may confirm the plan by signing it; or
ii: may amend the plan by signing a revised version of it that includes the amendments.
60S: Beneficiary must demonstrate commitment to personal development and employment plan at annual review
1: This section applies to a beneficiary who has signed a personal development and employment plan developed in accordance with a request under 60Q(1).
2: The chief executive must review the personal development and employment plan annually with the beneficiary.
3: If the plan has been amended or replaced by a new plan, the chief executive must review that amended or new plan when the chief executive would have reviewed the original plan under subsection (2)
4: At the annual review of the personal development and employment plan, the chief executive may require the beneficiary to demonstrate that, during the period under review, the beneficiary has had a commitment to the goals set out in that plan and in any other plan in effect during that period.
5: The chief executive determines whether a beneficiary has demonstrated a commitment to achieving the goals set out in a personal development and employment plan during any period by considering the overall response of the beneficiary to those goals and to the action plan included in the plan, having regard to,—
a: the extent to which the beneficiary has—
i: undertaken the activities set out in that plan; or
ii: undertaken any other activities relevant to the goals set out in that plan; and
b: if the beneficiary has failed to undertake any or all of the activities set out in the plan, whether those activities were realistically achieveable during the period under consideration.
6: The annual review of each personal development and employment plan required by this section must be undertaken,—
a: in the case of the first review, within a period beginning not less than 8 months and ending not more than 19 months after the date on which the plan, or, if the original plan has been amended or replaced, the original plan, was signed:
b: in the case of each subsequent review, within a period beginning 8 weeks before and ending 4 weeks after the anniversary of the first review.
60T: Department must explain rights and obligations in relation to personal development and employment plans
The chief executive must take reasonable and appropriate steps to make every beneficiary aware, before the beneficiary signs a personal development and employment plan, of—
a: the beneficiary's obligations that arise from payment of a benefit and the beneficiary's right to assistance to develop or review a plan; and
b: the effect and consequences of signing a plan; and
c: the consequences of failure to comply with a requirement under section 60Q(1) section 60Y
d: the beneficiary's right under section 60R(3)
e: the beneficiary's right under sections 10A and 12J
60U: Failure to comply with personal development and employment plan obligations
1: The chief executive must impose the sanctions set out in section 60Y
a: failed to comply with a requirement under section 60Q(1)
b: failed to demonstrate commitment to the goals in the beneficiary's personal development and employment plan.
2: Before determining that there is a failure by the beneficiary and that the failure is a failure without good and sufficient reason, the chief executive must—
a: review the beneficiary's personal development and employment plan (if the beneficiary has one) to determine whether it is appropriate; and
b: apply the procedure in section 60V
3: For the purposes of this section and sections 60V and 60W
a: the undertaking by the beneficiary of any activities set out in the plan was dependent on the department taking any action or providing any assistance specified in the plan; and
b: the department did not take that action or supply that assistance, or did not do so to the extent or in the manner specified in the plan.
4: Subsection (3)
60V: Procedure for determining whether failure is without good and sufficient reason
1: This section applies if the chief executive is considering whether sanctions must be imposed on a beneficiary under section 60Y
2: If this section applies, the chief executive must set a review period of 30 working days during which the chief executive must give the beneficiary (and any support person of the beneficiary's choice) an opportunity to meet with the chief executive.
3: The purposes of the meeting and review period under subsection (2)
a: to ascertain whether there is a failure by the beneficiary and, if so, the reasons for the beneficiary's failure, and whether those reasons are good and sufficient reasons:
b: in the case of a failure to comply with a requirement under section 60Q(1)
c: in the case of a failure to demonstrate commitment to the goals set out in the beneficiary's personal development and employment plan, to give the beneficiary the opportunity to co-operate in developing a new plan within that period.
60W: Failure without good and sufficient reasons
1: If, during the review period set under section 60V(2)
a: in the case of a beneficiary who has failed to comply with a requirement under section 60Q(1)
b: in the case of a beneficiary who has failed to demonstrate commitment to the goals in the beneficiary's personal development and employment plan, require the beneficiary to undertake to the satisfaction of the chief executive, within a further period of 20 working days, a specified activity that the chief executive considers suitable.
2: If the beneficiary does not comply with a requirement under subsection (1)(a) section 60Q(1)
3: If the beneficiary does not comply with a requirement under subsection (1)(b)
4: In this section, specified activity
a: means—
i: an activity in the beneficiary's current personal development and employment plan; or
ii: a pre-employment activity (being an activity designed to prepare a person for employment); but
b: does not include any activity that requires the beneficiary to seek employment or undertake any work.
60X: Procedure for imposing sanctions
1: This section applies if a sanction is to be imposed on a beneficiary under section 60Y
2: If this section applies, the chief executive must not reduce a benefit payable to a beneficiary unless the chief executive has first given the beneficiary written notice—
a: stating that the beneficiary has failed to comply with a specified obligation under this Act; and
b: specifying the nature of that failure; and
c: stating that, because of that failure, the chief executive is reducing the benefit payable to the beneficiary; and
d: specifying a date on which the reduction is to take effect, and the nature and duration of the reduction; and
e: stating that the beneficiary has 10 working days from the giving of the notice to dispute the reduction; and
f: advising the beneficiary to contact the department if the beneficiary wants to dispute or discuss the decision to reduce the benefit; and
g: containing a clear statement of the beneficiary's right, under section 10A
3: Section 114
60Y: Sanctions for failure to comply with obligations in relation to personal development and employment plan
1: The sanctions that the chief executive must apply in respect of a failure under section 60U
a: the person's benefit must be reduced by 20% until the person complies; and
b: if, after 4 weeks from the date on which the reduction under paragraph (a)
2: A reduction under subsection (1)
3: The reduction of the benefit must not take effect before the close of the 10 working days specified in the notice under section 60X(2)(e)
4: For the purposes of this section and section 60Z complies
a: remedies the relevant failure; or
b: if the person has been required to undertake an activity specified by the chief executive, undertakes that activity to the satisfaction of the chief executive, or develops a new personal development and employment plan.
5: This section is subject to section 60Z
60Z: Effect of compliance or agreement to comply
1: If a person complies, the reduction applied to the person's benefit ceases and the person is entitled to be paid the benefit at the rate otherwise payable on and after the date that the person's benefit was first reduced under section 60Y
2: Subject to subsection (4) subsection (4)(a) section 60Y
3: The chief executive must give to every person to whom subsection (2)
a: confirms the agreement under subsection (2)
b: states the period for compliance set under sub- section (2) section 114
4: If a person who has agreed to comply fails to do so within the period set under subsection (2)
a: the chief executive must apply the sanctions set out in section 60Y(1)
i: if the person's benefit was subject to a reduction of 20% under section 60Y(1)(a) subsection (2) section 60Y(1)(a) section 60Y(1)(b)
ii: if the person's benefit was subject to a reduction of 50% under section 60Y(1)(b) subsection (2) section 60Y(1)(b)
b: the chief executive is not required to comply with sections 60V to 60X section 60Y(3)
12: Interpretation
Section 61E(1) cash assets cash assets
a: means—
i: money saved, invested, or banked with a bank or other institution:
ii: money invested in securities, bonds, or debentures, or advanced on mortgage:
iii: money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but
b: does not include any specified item or amount of cash assets, or cash assets of a specified kind, that is declared not to be cash assets for the purposes of this Act by regulations made under section 132
13: Mode of ascertaining annual income for benefit purposes
1: The heading to section 64 annual
2: Section 64(2A)
a: by omitting the words the beneficiary a person
b: by omitting the word beneficiary's person's
3: Section 64 subsection (2A)
2B: For the purposes of determining a person's weekly income under subsection (2A)
a: the extent to which it was earned in that period or those periods; or
b: the extent to which any other entitlement to it arose in, or in respect of, that period or those periods; or
c: the period or periods for which it was otherwise received, acquired, paid, provided, or supplied.
14: Effect of absence of beneficiary from New Zealand
Section 77 subsections (2) (3) or a widow's benefit or domestic purposes benefit
15: Commencement of benefits
1: Section 80(2)(b) a domestic purposes benefit under section 27G of this Act a widow's benefit, a domestic purposes benefit
2: Section 80 subsection (4)
4: If the applicant is subject to a non-entitlement period,—
a: a work-tested benefit granted conditionally under section 123B section 80BA
i: the applicant is subject to the non-entitlement period because of the application of section 60H
ii: that section applies to the applicant because he or she is a person described in section 60H(2)(a)
b: any other work-tested benefit commences on the later of—
i: the date the applicant became entitled to receive it; or
ii: the date the application for it was received.
16: Delayed redundancy and retirement payments
Section 80BB(4) 86(1A) 86(1)
17: Seasonal workers made redundant after benefit commences
Section 80BC(2) 86(1A) 86(1)
18: Ending of benefits
Section 80BD(5)
a: repealing paragraph (a)
b: omitting from paragraph (b) other
19: Payment of benefits
Section 82(6) 86(1D) 86(1)
20: Apportionment of benefit between spouses
Section 83(2) section 15(2) of this Act section 12(2) of the New Zealand Superannuation Act 2001
21: New section 85A inserted
The principal Act is amended by inserting, before section 86
85A: Payments that are debts due to the Crown
The following payments or other sums are debts due to the Crown:
a: any penalty payable under this Act:
b: any benefit paid conditionally or provisionally under this Act that a person has become liable to repay (by direction of the chief executive or otherwise):
c: any advance payment of a benefit made to a person under section 82(6)
d: any money paid to or for the credit of a person as a grant of special assistance under a welfare programme approved under section 124(1)(d)
i: paid as a recoverable grant of assistance; or
ii: otherwise recoverable from that person under the terms and conditions of the programme:
e: any amount described by this Act as a debt due to the Crown from the person:
f: a sum (an overpayment
i: that is in excess of the amount to which the person is entitled; or
ii: to which the person has no entitlement.
22: Recovery of payments made in excess of authorised rates
1: Section 86 subsections (1) to (1D)
1: The chief executive, in order to recover a debt referred to in section 85A
a: bring proceedings in the name of the chief executive; or
b: deduct all or part of that debt from any amount payable to that person by the department as a benefit or a student allowance; or
c: in the case of a debt referred to in section 85A(d) section 124(1)(d)
1A: Subsection (1) subsections (9A) and (9B) section 132G
1B: Nothing in section 94B of the Judicature Act 1908 subsection (1)
2: Section 86(1E) any of subsections (1) to (1D) subsection (1)
3: Section 86(2) any of subsections (1) to (1C) of this section section 85A
4: Section 86 subsection (9A)
9A: The chief executive may not recover any sum comprising that part of a debt that was caused wholly or partly by an error to which the debtor did not intentionally contribute if—
a: the debtor—
i: received that sum in good faith; and
ii: changed his or her position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and
b: it would be inequitable in all the circumstances, including the debtor's financial circumstances, to permit recovery.
9B: In subsection (9A) error
a: means—
i: the provision of incorrect information by an officer of the department:
ii: any erroneous act or omission of an officer of the department that occurs during an investigation under section 12
iii: any other erroneous act or omission of an officer of the department; but
b: does not include the simple act of making a payment to which the recipient is not entitled if that act is not caused, wholly or partly, by any erroneous act or omission of an officer of the department.
23: Recovery of payments made in excess of authorised rates
1: Subsection (2)
2: Section 86 section 22(2) subsections (1E) (1F)
24: Application and obligations of work test
Section 102(6) paragraph (a)
aa: in the case of a person granted an independent youth benefit (other than a person who is enrolled in a course of secondary instruction), on the same days as are included in the person's working week under section 60GAA
25: Section 104 repealed
Section 104
26: Effect of participation in certain activities on non-entitlement period
Section 123B(7) 86(1A) 86(1)
27: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
Section 123C subsection (1)
1: In this section, person A
a: who, in accordance with his or her job seeker agreement or under section 122 or section 123B
b: who is a beneficiary and, in accordance with a personal development and employment plan or otherwise, is doing work as part of an employment-related activity arranged by the department.
28: New section 132AA inserted
The principal Act is amended by inserting, after section 132
132AA: Regulations exempting items from treatment as income or cash assets may have retrospective effect
1: This section applies to regulations made under section 132
a: declare items or amounts of income or income from a specified source not to be income; or
b: declare items of cash assets or cash assets of a specified kind not to be cash assets.
2: Any regulations to which this section applies have effect in respect of any income or cash assets specified in the regulations on and after any date specified in the regulations (which may be a date before, on, or after the date on which the regulations are made).
29: New section 132G inserted
The principal Act is amended by inserting, after section 132F
132G: Regulations providing for remittance or suspension of debt
1: The Governor-General may, from time to time, by Order in Council, make regulations requiring or permitting—
a: the recovery of amounts recoverable under section 86(1) to (1B) and (3) to (5)
b: those amounts to be remitted.
2: Regulations under subsection (1)
a: of a particular kind or from persons of a particular kind:
b: of a particular value (which may differ between persons of a particular kind):
c: in the case of suspension, for periods that may differ for amounts of a particular kind or value, or between persons of a particular kind.
3: Regulations may not be made under subsection (1)
a: prevent accumulation of debt by any category of beneficiary and assist those beneficiaries to reduce their levels of debt while on a benefit; or
b: assist any category of beneficiary to move from dependence on a benefit to self-support through employment by ensuring that those beneficiaries do not face increasing benefit debt repayments when they enter the workforce; or
c: provide a positive incentive for beneficiaries to enter employment or stay in employment; or
d: achieve more than 1 of the objectives set out in paragraphs (a) to (c)
4: This section does not limit the power to make regulations conferred by section 132
30: New Schedules 3 and 16 substituted
The principal Act is amended by repealing Schedules 3 16 Schedules 3 16
3: Transitional provisions, amendments affecting principal Act, and consequential amendments to other enactments
Transitional provisions
31: Transitional provisions relating to review of decisions
No application for a review made under section 10A section 5 section 10A(1) section 5
32: Transitional provisions for cessation of work testing for certain benefits
1: Subsection (2) section 27G
2: On the date that this section comes into force,—
a: a person to whom this subsection applies—
i: ceases to be subject to the work test or, as the case requires, the obligation to comply with section 60HA
ii: ceases to be subject to any sanctions to which the person was subject under section 117
b: a benefit granted to a person to whom this subsection applies,—
i: if granted to the person under section 60H(6)(b)
ii: if granted to the person under section 123B subsection (4)
3: Subsection (4) section 60H(4)
4: On the date that this section comes into force, a person to whom this subsection applies—
a: ceases to be subject to the non-entitlement period, and that period lapses; and
b: is entitled to be granted the benefit applied for if he or she otherwise qualifies for it.
5: Nothing in subsection (4) section 80BA
33: Transitional provision relating to mode of ascertaining annual income for benefit purposes
1: For the purpose of determining the validity of any determination or purported determination made under section 64(2A) section 13 section 64 section 13
2: Subsection (1)
a: does not apply in respect of any application, appeal, or proceedings of a kind specified in subsection (3) section 64(2A)
b: does not affect the rights of any person who made an application to which paragraph (a) paragraph (a)
i: any decision, or any judgment of a court, in relation to that application or appeal or those proceedings, as the case may be; or
ii: any decision or judgment given on appeal from that decision or judgment.
3: Subsection (2)(a)
a: an application for review under section 10A
b: an appeal under section 12J 12Q 12R
c: any other proceedings.
34: Transitional provision relating to reviewing of payments made in excess of authorised rates
1: Subsection (2) section 86(1) to (1D)
2: Section 86(9A) section 22 section 22
3: This section overrides section 35
35: Transitional provision relating to recovery of debt
If, immediately before the commencement of this section, any amount is recoverable from any person under any of section 86(1) to (1D) section 22
a: that amount continues to be recoverable under section 86(1) section 22(1)
b: any proceedings taken in respect of its recovery before the commencement of this section continue as if brought under section 86(1)(a) Repeal of amendments to principal Act yet to come into force
36: Amendment to Health and Disability Services (Safety) Act 2001
Schedule 2 Health and Disability Services (Safety) Act 2001 section 69F Social Security Act 1964 Consequential amendments to other enactments
37: Exemption from work test: work-tested spouses, domestic purposes beneficiaries, and widows
1: The heading to regulation 5 Social Security (Exemptions Under Section 105) Regulations 1998 , and domestic purposes beneficiaries, and widows
2: Regulation 5(1) Social Security (Exemption Under Section 105) Regulations 1998 , a work-tested domestic purposes beneficiary, or a work-tested widow's beneficiary


1: Title
1: This Act is the Fisheries (Foreign Fishing Crew) Amendment Act 2002.
2: In this Act, the Fisheries Act 1996 principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Provisions relating to forfeit property
1: Section 256(1) interest interest
a: in the case of quota, an interest in the quota that is recorded on the Quota Register at the time of the forfeiture:
b: in the case of a foreign vessel, a foreign-owned New Zealand fishing vessel, or a foreign-operated fish carrier,—
i: ownership; and
ii: an interest, as determined by the Employment Relations Authority or any court, that any fishing crew have in unpaid wages; and
iii: an interest in costs incurred by a third party (other than the employer) to provide for the support and repatriation of foreign crew employed on the vessel:
c: in the case of other forfeit property, a legal or equitable interest in that forfeit property that existed at the time of the forfeiture; but does not include any interest (other than an interest referred to in paragraph (b)
2: Section 256(8)(a) manifest injustice or to satisfy an interest referred to in paragraph (b)(ii) or (iii) subsection (1)